Benjamin F. H. Witherell
Encyclopedia
Benjamin Franklin Hawkins Witherell (August 4, 1797 – June 26, 1867) was a jurist in the U.S. state
of Michigan
. He served as a justice on the Michigan Supreme Court
in 1857.
Witherell was born in Fair Haven, Vermont, the second son and fifth of six children of James Witherell
. The father moved to Detroit, Michigan
in 1808 after being appointed by U.S. President Thomas Jefferson
as a Judge of the Supreme Court for the Territory of Michigan
. With the impending outbreak of hostilities in the War of 1812
, Benjamin was sent back to Vermont with his mother in 1811. He studied the classics privately with in Troy, New York
, and returned to Detroit in 1817. He then studied law in the offices of his father and of Territorial Secretary William Woodbridge
and was admitted to the bar
in 1819. He was subsequently admitted to the bar of the Supreme Court of the United States
on the motion of Daniel Webster
.
He served as prosecuting attorney and judge in various local and state courts through the 1820s and 1830s. He was appointed a Justice of the Peace in 1824 and Recorder of the City of Detroit in 1828. In 1834-1835, he was a Judge of Probate, and from 1835 to 1839, he was Prosecuting Attorney for Wayne County
. In 1840 and 1841, he served in the Michigan State Senate. He also held at various times, the military offices of Judge Advocate General, Brigadier General, and Major General of the militia.
In 1842, Witherell lost an election for mayor of Detroit, with Zina Pitcher receiving 793 votes to 479 for Witherell.
Soon afterwards, the state legislature abolished the District Court of the County of Wayne, officiated by Judge Henry C. Chipman
, and replaced it with the District Court for the Counties of Wayne, Oakland, Washtenaw and Jackson. Governor John S. Barry
appointed Witherell to be judge of the new court, where he served until the court was abolished by the Michigan Constitution
of 1850. Witherell was a delegate to the constitutional convention
of 1850 that revised the Michigan Constitution. He was a regent of the University of Michigan
, 1848-1852
In 1857, Witherell was appointed as Judge of the Circuit Court of Wayne County, to fill the vacancy caused by the resignation of Judge Samuel T. Douglass. He was twice re-elected to the Circuit Court serving until his death in 1867. During his term, he served in 1858 on the Michigan Supreme Court
, since at the time, the court was constituted of Circuit Court judges. From 1862 to 1864, he was also Judge of the Recorder's Court.
He was called by his intimate friends a "Walking Historical Dictionary of Detroit," and published a series of Historical Recollections. He also took an active interest in all public affairs during the Civil War
, and was the originator, and chosen President of the Soldiers' and Sailors' Monument Association at the time of his death. He wrote several articles on the early history of Michigan for the Detroit Free Press
under the pen name 'Hamtramck'. From 1855 to 1867, he was the Historiographer of the City of Detroit and was President of the State Historical Society for many years.
Witherell owned land in several parts of Southeast Michigan
, including section 29 of Ypsilanti Township
in Washtenaw County
, section 33 of Township 5N16E (St. Clair Township
) in St. Clair County
, and sections 34 and 35 of Warren Township
in Macomb County
. He was also among the first purchasers of land in Lynn Township
in St. Clair County.
As a member of "The First Methodist Episcopal Society of the City of Detroit", incorporated in 1822, he was a trustee for several lots of land on which Methodist
churches were located in downtown Detroit.
. He was married three times. In 1824, he married Mary A. Sprague of Poultney, Vermont
. They had four children, Martha E., James B., Harriet C. M., and Julia A. Mary died in August 1834, and Witherell married Delia A. Ingersoll in 1837. they had one child, Charles I. Delia died in 1847, and he married Cassandra S. Brady, who died in March 1863. Witherell is interred in Elmwood Cemetery
in Detroit.
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
of Michigan
Michigan
Michigan is a U.S. state located in the Great Lakes Region of the United States of America. The name Michigan is the French form of the Ojibwa word mishigamaa, meaning "large water" or "large lake"....
. He served as a justice on the Michigan Supreme Court
Michigan Supreme Court
The Michigan Supreme Court is the highest court in the U.S. state of Michigan. It is known as Michigan's "court of last resort" and consists of seven justices who are elected to eight-year terms. Candidates are nominated by political parties and are elected on a nonpartisan ballot...
in 1857.
Witherell was born in Fair Haven, Vermont, the second son and fifth of six children of James Witherell
James Witherell
James Witherell was a United States Representative from Vermont. He was born in Mansfield, Massachusetts. After completing preparatory studies, he served in the Continental Army 1775-1783 during the American Revolutionary War. He entered service as a private and rose to the rank of Adjutant in...
. The father moved to Detroit, Michigan
Detroit, Michigan
Detroit is the major city among the primary cultural, financial, and transportation centers in the Metro Detroit area, a region of 5.2 million people. As the seat of Wayne County, the city of Detroit is the largest city in the U.S. state of Michigan and serves as a major port on the Detroit River...
in 1808 after being appointed by U.S. President Thomas Jefferson
Thomas Jefferson
Thomas Jefferson was the principal author of the United States Declaration of Independence and the Statute of Virginia for Religious Freedom , the third President of the United States and founder of the University of Virginia...
as a Judge of the Supreme Court for the Territory of Michigan
Michigan Territory
The Territory of Michigan was an organized incorporated territory of the United States that existed from June 30, 1805, until January 26, 1837, when the final extent of the territory was admitted to the Union as the State of Michigan...
. With the impending outbreak of hostilities in the War of 1812
War of 1812
The War of 1812 was a military conflict fought between the forces of the United States of America and those of the British Empire. The Americans declared war in 1812 for several reasons, including trade restrictions because of Britain's ongoing war with France, impressment of American merchant...
, Benjamin was sent back to Vermont with his mother in 1811. He studied the classics privately with in Troy, New York
Troy, New York
Troy is a city in the US State of New York and the seat of Rensselaer County. Troy is located on the western edge of Rensselaer County and on the eastern bank of the Hudson River. Troy has close ties to the nearby cities of Albany and Schenectady, forming a region popularly called the Capital...
, and returned to Detroit in 1817. He then studied law in the offices of his father and of Territorial Secretary William Woodbridge
William Woodbridge
William Woodbridge was a U.S. statesman in the states of Ohio and Michigan and in the Michigan Territory prior to statehood...
and was admitted to the bar
Bar (law)
Bar in a legal context has three possible meanings: the division of a courtroom between its working and public areas; the process of qualifying to practice law; and the legal profession.-Courtroom division:...
in 1819. He was subsequently admitted to the bar of the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
on the motion of Daniel Webster
Daniel Webster
Daniel Webster was a leading American statesman and senator from Massachusetts during the period leading up to the Civil War. He first rose to regional prominence through his defense of New England shipping interests...
.
He served as prosecuting attorney and judge in various local and state courts through the 1820s and 1830s. He was appointed a Justice of the Peace in 1824 and Recorder of the City of Detroit in 1828. In 1834-1835, he was a Judge of Probate, and from 1835 to 1839, he was Prosecuting Attorney for Wayne County
Wayne County, Michigan
-History:Wayne County was one of the first counties formed when the Northwest Territory was organized. It was named for the American general "Mad Anthony" Wayne. It originally encompassed the entire area of the Lower Peninsula of Michigan, as well as small sections that are now part of northern...
. In 1840 and 1841, he served in the Michigan State Senate. He also held at various times, the military offices of Judge Advocate General, Brigadier General, and Major General of the militia.
In 1842, Witherell lost an election for mayor of Detroit, with Zina Pitcher receiving 793 votes to 479 for Witherell.
Soon afterwards, the state legislature abolished the District Court of the County of Wayne, officiated by Judge Henry C. Chipman
Henry C. Chipman
Henry C. Chipman was a judge of the Supreme Territorial Court of Michigan from 1827 until 1832.Chipman was the son of Vermont senator Nathaniel Chipman. He studied at Middlebury College and then moved to South Carolina. He served in the War of 1812. In 1823 he came to Michigan...
, and replaced it with the District Court for the Counties of Wayne, Oakland, Washtenaw and Jackson. Governor John S. Barry
John S. Barry
For the American businessman John S. Barry, see John Barry .John Stewart Barry was the fourth and eighth Governor of the U.S. state of Michigan. He was Michigan's only three-term governor in the 19th century...
appointed Witherell to be judge of the new court, where he served until the court was abolished by the Michigan Constitution
Michigan Constitution
The Constitution of the State of Michigan is the governing document of the U.S. state of Michigan. It describes the structure and function of the state's government....
of 1850. Witherell was a delegate to the constitutional convention
Constitutional convention (political meeting)
A constitutional convention is now a gathering for the purpose of writing a new constitution or revising an existing constitution. A general constitutional convention is called to create the first constitution of a political unit or to entirely replace an existing constitution...
of 1850 that revised the Michigan Constitution. He was a regent of the University of Michigan
University of Michigan
The University of Michigan is a public research university located in Ann Arbor, Michigan in the United States. It is the state's oldest university and the flagship campus of the University of Michigan...
, 1848-1852
In 1857, Witherell was appointed as Judge of the Circuit Court of Wayne County, to fill the vacancy caused by the resignation of Judge Samuel T. Douglass. He was twice re-elected to the Circuit Court serving until his death in 1867. During his term, he served in 1858 on the Michigan Supreme Court
Michigan Supreme Court
The Michigan Supreme Court is the highest court in the U.S. state of Michigan. It is known as Michigan's "court of last resort" and consists of seven justices who are elected to eight-year terms. Candidates are nominated by political parties and are elected on a nonpartisan ballot...
, since at the time, the court was constituted of Circuit Court judges. From 1862 to 1864, he was also Judge of the Recorder's Court.
He was called by his intimate friends a "Walking Historical Dictionary of Detroit," and published a series of Historical Recollections. He also took an active interest in all public affairs during the Civil War
American Civil War
The American Civil War was a civil war fought in the United States of America. In response to the election of Abraham Lincoln as President of the United States, 11 southern slave states declared their secession from the United States and formed the Confederate States of America ; the other 25...
, and was the originator, and chosen President of the Soldiers' and Sailors' Monument Association at the time of his death. He wrote several articles on the early history of Michigan for the Detroit Free Press
Detroit Free Press
The Detroit Free Press is the largest daily newspaper in Detroit, Michigan, USA. The Sunday edition is entitled the Sunday Free Press. It is sometimes informally referred to as the "Freep"...
under the pen name 'Hamtramck'. From 1855 to 1867, he was the Historiographer of the City of Detroit and was President of the State Historical Society for many years.
Witherell owned land in several parts of Southeast Michigan
Southeast Michigan
Southeast Michigan, also called Southeastern Michigan, is a region in the Lower Peninsula of the U.S. state of Michigan that is home to a majority of the state's businesses and industries as well as slightly over half of the state's population, most of whom are concentrated in Metro...
, including section 29 of Ypsilanti Township
Ypsilanti Township, Michigan
Ypsilanti Charter Township is a charter township of Washtenaw County in the U.S. state of Michigan. As of the 2000 census, the township population was 49,182...
in Washtenaw County
Washtenaw County, Michigan
Washtenaw County is a county in the U.S. state of Michigan. As of the 2010 census, the population was 344,791. Its county seat is Ann Arbor. The United States Office of Management and Budget defines the county as part of the Detroit–Warren–Flint Combined Statistical Area...
, section 33 of Township 5N16E (St. Clair Township
St. Clair Township, Michigan
St. Clair Township is a civil township of St. Clair County in the U.S. state of Michigan. The population was 6,423 at the 2000 census with a projection of 6,842 in 2006. The city of St. Clair is located near the southeast corner of the township.-Naming:...
) in St. Clair County
St. Clair County, Michigan
-Interstates:* I-69 enters the county from the west, coming from Lansing and Flint, terminating at the approach to the Blue Water Bridge in Port Huron....
, and sections 34 and 35 of Warren Township
Warren Township, Michigan
Warren Township is a civil township of Midland County in the U.S. state of Michigan. The population was 2,107 at the 2000 census. The city of Coleman is located within the boundaries of the survey township, but is administratively autonomous of the civil township.-Geography:According to the United...
in Macomb County
Macomb County, Michigan
-Demographics:As of the census of 2000, there were 788,149 people, 309,203 households, and 210,876 families residing in the county. The population density was 1,640 people per square mile . There were 320,276 housing units at an average density of 667 per square mile...
. He was also among the first purchasers of land in Lynn Township
Lynn Township, Michigan
Lynn Township is a civil township of St. Clair County in the U.S. state of Michigan. The population was 1,187 at the 2000 census.-Geography:According to the United States Census Bureau, the township has a total area of , all land.-Demographics:...
in St. Clair County.
As a member of "The First Methodist Episcopal Society of the City of Detroit", incorporated in 1822, he was a trustee for several lots of land on which Methodist
Methodism
Methodism is a movement of Protestant Christianity represented by a number of denominations and organizations, claiming a total of approximately seventy million adherents worldwide. The movement traces its roots to John Wesley's evangelistic revival movement within Anglicanism. His younger brother...
churches were located in downtown Detroit.
Family and legacy
Witherell was the uncle of U.S. Senator Thomas W. PalmerThomas W. Palmer
Thomas Witherell Palmer was a U.S. Senator from the state of Michigan. He is considered to be one of the most significant figures in the history of Detroit, Michigan....
. He was married three times. In 1824, he married Mary A. Sprague of Poultney, Vermont
Poultney, Vermont
Poultney is a village in Rutland County of the U.S. state of Vermont. The village is entirely within the town of Poultney. The population was 1,612 at the 2010 census...
. They had four children, Martha E., James B., Harriet C. M., and Julia A. Mary died in August 1834, and Witherell married Delia A. Ingersoll in 1837. they had one child, Charles I. Delia died in 1847, and he married Cassandra S. Brady, who died in March 1863. Witherell is interred in Elmwood Cemetery
Elmwood Cemetery (Detroit, Michigan)
Elmwood Cemetery in Detroit is one of Michigan's most important historic cemeteries. Located at 1200 Elmwood Street in Detroit's Eastside Historic Cemetery District, Elmwood is the oldest continuously operating, non-denominational cemetery in Michigan...
in Detroit.