James Witherell
Encyclopedia
James Witherell was a United States Representative from Vermont
Vermont
Vermont is a state in the New England region of the northeastern United States of America. The state ranks 43rd in land area, , and 45th in total area. Its population according to the 2010 census, 630,337, is the second smallest in the country, larger only than Wyoming. It is the only New England...

. He was born in Mansfield, Massachusetts
Mansfield, Massachusetts
Mansfield is a town in Bristol County, Massachusetts, United States. As of the United States 2010 Census, the town population is 23,184. Mansfield is in the south-southwest suburbs of Boston and is also close to Providence, Rhode Island....

. After completing preparatory studies, he served in the Continental Army
Continental Army
The Continental Army was formed after the outbreak of the American Revolutionary War by the colonies that became the United States of America. Established by a resolution of the Continental Congress on June 14, 1775, it was created to coordinate the military efforts of the Thirteen Colonies in...

 1775-1783 during the American Revolutionary War
American Revolutionary War
The American Revolutionary War , the American War of Independence, or simply the Revolutionary War, began as a war between the Kingdom of Great Britain and thirteen British colonies in North America, and ended in a global war between several European great powers.The war was the result of the...

. He entered service as a private and rose to the rank of Adjutant in the Eleventh Massachusetts Regiment. He was severely wounded in the Battle of White Plains
Battle of White Plains
The Battle of White Plains was a battle in the New York and New Jersey campaign of the American Revolutionary War fought on October 28, 1776, near White Plains, New York. Following the retreat of George Washington's Continental Army northward from New York City, British General William Howe landed...

 in 1776.

After the war, Witherell studied medicine and was licensed to practice in 1788. He moved to Hampton, Vermont in 1788 and to Fair Haven in 1789 and continued the practice of his profession.

Witherell was a member of the Vermont House of Representatives
Vermont House of Representatives
The Vermont House of Representatives is the lower house of the Vermont General Assembly, the state legislature of the U.S. state of Vermont. The House comprises 150 members. Vermont legislative districting divides representing districts into 66 single-member districts and 42 two-member...

 1798-1802. He was associate county judge 1801-1803; judge of Rutland County 1803-1806; and an executive councilor 1802-1806. He was elected as a Democratic-Republican to the Tenth Congress
10th United States Congress
- House of Representatives :- Senate :*President: George Clinton *President pro tempore: Samuel Smith , elected April 16, 1808** Stephen R. Bradley , elected December 28, 1808** John Milledge , elected January 30, 1809...

, serving from March 4, 1807 to May 1, 1808 when he resigned to accept an appointment by 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 one of the Judges of the 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...

 for the Territory of Michigan. During 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...

, he was in command of the troops at Detroit in the absence of General William Hull
William Hull
William Hull was an American soldier and politician. He fought in the American Revolution, was Governor of Michigan Territory, and was a general in the War of 1812, for which he is best remembered for surrendering Fort Detroit to the British.- Early life and Revolutionary War :He was born in...

, and was taken prisoner when the latter surrendered. He lived in Fair Haven, Vermont while on parole
Parole
Parole may have different meanings depending on the field and judiciary system. All of the meanings originated from the French parole . Following its use in late-resurrected Anglo-French chivalric practice, the term became associated with the release of prisoners based on prisoners giving their...

 from the British and later was exchanged and returned to his duties in Detroit.

After serving as a Supreme Court justice for 20 years, Witherell resigned in 1828 to accept an appointment by President John Quincy Adams
John Quincy Adams
John Quincy Adams was the sixth President of the United States . He served as an American diplomat, Senator, and Congressional representative. He was a member of the Federalist, Democratic-Republican, National Republican, and later Anti-Masonic and Whig parties. Adams was the son of former...

 to become Secretary of the Territory. He held the position until May 1830.

Witherell was married on November 11, 1790 to Amy Hawkins and the couple had six children. His son, Benjamin F. H. Witherell
Benjamin F. H. Witherell
Benjamin Franklin Hawkins Witherell was a jurist in the U.S. state of Michigan. He served as a justice on the Michigan Supreme Court in 1857....

, was also a Justice on the Michigan Supreme Court, and his grandson was United States Senator from Michigan, Thomas W. Palmer
Thomas 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 died in his Detroit home in 1838 and was buried in the Russell Street Cemetery. Later, he was reburied 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...

.
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