The First Chief Justice of Maine's Supreme Court - 52 Ancestors #42

"PrentissMellen" by John Brewster, Jr. -
Biographical Directory of the United States Congress.
Licensed under Public Domain via Commons

The first Chief Justice of the Maine State Supreme Court was my 1st cousin, 7X removed.

Prentiss Mellen, son of Rev. John & Rebecca (Prentiss) Mellen, was born on October 11, 1764, in Sterling, Massachusetts. He attended Harvard College with his brother, Henry, from 1780-1784. After graduating from Harvard, he worked as a tutor and studied law with Shearjashub Bourne. He was admitted to the bar at Taunton in October 1788 and practiced in Sterling and Bridgewater, Massachusetts. However, he was still struggling to find his place. In July 1792, he moved to Biddeford, Maine and began his rise through the ranks of Maine's top lawyers, eventually settling in Portland and joining an active group of lawyers.


The Biographical Encyclopedia of Maine of the Nineteenth Century states that:
      When pleading at the bar, Mr. Mellon was fervid and impassioned. His countenance gleamed with bright intelligence. His intuitions were quick, and of necessity not always accurate...His client's cause he made his own. He never forgot or neglected it, nor failed to avail himself of an antagonist's errors or weakness to achieve a victory. His musical voice, tall and imposing appearance, and fascinating manner were all elements of professional power that he well knew how to utilize.

In addition to his work as a lawyer, Prentiss Mellen was involved in the political arena. He served on the Executive Council of Massachusetts in 1808, 1809, and 1817. In 1817, he was also Elector-at-Large to the Electoral College. He was a Representative from Massachusetts from 1817-1820. In 1820, he was appointed the first Chief Justice of the Maine Supreme Court. He served as Chief Justice until October 1834 when he was constitutionally forced to retire at the age of 70.

"Official medallion of the British Anti-Slavery Society (1795)"
 by Josiah Wedgwood (1730-1795) and either William Hackwood or Henry Webber;
Licensed under Public Domain via Commons 

In 1833, he became the president of the newly formed abolitionist society of Portland. The vice-presidents were Samuel Fessenden and Rev. Gershom Cox.

Prentiss wasn't done, though. In 1838, the Governor of Maine appointed him to be the chairman of the committee overseeing the revision and codification of state laws. This work produced 178 chapters under twelve titles. Once adopted by the Maine Legislature, it became the first volume of the Revised Statutes.


Again The Biographical Encyclopedia of Maine of the Nineteenth Century gives a glimpse into his character.

     Deeply religious, devoutly attendant upon public worship, faithful, and conscientious in the performance of every duty, and true in every relation of life; of cheerful and gay temperament, overflowing with wit and anecdote, social and benevolent - he was a welcome guest in every company, and one of the brightest ornaments of the society in which he lived. Possessed of vivid imagination and nice literary taste, he himself cultivated a seidisant acquaintance with the muses. Poetry, or rather rhyming, was the sport of leisure hours to the very evening of his life...Judge Mellen met death with all the composure that might have been expected from one of his sincere faith and firm religious principles. Perfectly submissive to the Divine will, he was wishful to depart, and yet content to stay. When the silver cord was at last loosened, the golden bowl broken at the cistern, his spirit triumphantly ascended to its celestial home.

Prentiss Mellen married Sarah "Sally" Hudson in May 1795 and they had six children.

Children of Prentiss & Sally :

1. Caroline A. was born on February 24, 1796, and died on August 25, 1800.
2. Augusta S. was born on December 27, 1797.
3. Grenville was born on June 19, 1799, and died on September 5, 1841. He was a lawyer and a poet. He married Mary Southgate. 
4. Caroline M. was born on March 26, 1801. 
5. Sally S. was born on January 14, 1803, and died in 1874. She married Nicholas Gilman. 
6. Frederick was born on December 3, 1804, and died in 1834. He was a graduate of Bowdoin College and practiced law. 

Sally (Hudson) Mellen died on September 10, 1838. Prentiss Mellen died on December 31, 1840. They are buried in Western Cemetery in Portland, Maine. His Findagrave Memorial

Henry & Abigail (Pratt) Mellen
Thomas Mellen - brother of Rev. John Mellen, uncle of Prentiss Mellen
Mehitable (Mellen) Freeland
Frances (Freeland) Carter
Elias Mellen Carter
Augustus Mellen Carter
Edward Mellen Carter
T. Richard Carter - my grandfather

Sources:
Findagrave.com
Wikipedia
Biographical Encyclopedia of Maine of the Nineteenth Century. Boston: Metropolitan Pub. and Engraving, 1885. print. Accessed on Internet Archive, 25 Oct. 2015.

52 Ancestors #37 - Revolutionary War Surgeon

Originally published in July, 2012 ~

Dr. James Freeland is my 5th great-grandfather. He lived and practiced in Sutton, Massachusetts. My 4th great-grandfather Dr. Timothy Carter trained with him and became his son-in-law when he married Dr. Freeland's daughter, Frances. Dr. Freeland lived in the northern part of Sutton that became the town of Millbury in the early 1800s. 

Showing James Freeland, surgeon in the First Brigade of the Continental Army
Col. Ebenezer Learned

An overview of the service of James Freeland

I found several sources of information relating to Dr. James Freeland's service during the Revolutionary War period. The pamphlet Jonathan Holman, a revolutionary colonel provides some context for the early war period. If you really want to stretch the familial bonds, Jonathan Holman is my half 3rd cousin, 8 times removed! 

"In comparison with other towns of Worcester County at the beginning of the struggle for American Independence, the old town of Sutton stands well. Resistance to British aggression had often been contemplated by the hardy yeoman of this hill-crowned island town. Within her borders were many veterans of the old French war who had done valiant service at Crown Point, Lake George, and had seen the standards of France go down before the victorious army of England...Hopes of better things had led him [Joonathan Holman] with others to wait for wrong to be righted, but the hand of oppression was not to be easily shaken off. the clouds of a coming storm gathered thick and fast as the months rolled on. Before the shot was fired whose echo spread far and wide, the men of old Sutton stood ready for the call. It came at last, and the minute men of the North and South Parishes saddled their steeds and spurred for Lexington. they had been tutored by one who knew by experience the grim-visaged war meant death to many strong brave hearts. That tutor was Jonathan Holman." 

Ebenezer Learned is my first cousin, 8 times removed

A firm friend of Col. Holman at this time was Ebenezer Learned of Oxford, who, though connected to the patriot cause, bravely espoused the side of freedom. With Jonathan Holman he had bravely fought in the war with France, and had participated in the glory that came by the conquest of Canada. In 1775, Learned was early in the field. As a trusted officer for the regiment which he had organized he sought Jonathan Holman; the latter was chosen major, and the others he threw a line of brave hearts at Bunker Hill to shield patriot homes near that shrine of liberty. For several months Holman served in the region of Boston, preparing for the great conflict he saw was sure to come. An occasional visit to his home in Sutton was made, to look after the business interests intrusted [sic] to others.

From what I've pieced together, James Freeland served several short enlistments and also participated in town affairs relating to the war efforts. He started in 1775 at Roxbury and then went to Rhode Island, the unit was then during the siege of Boston, his unit was stationed on Dorchester Heights until the British evacuated the city. His final active service came when his regiment was ordered to New York to assist in the Battle of Saratoga. After the British surrendered, he went back to Sutton. Also from the Jonathan Holman paper: 


In 1776 Boston was evacuated. In the Rhode Island Plantations this year the regiment of Holman did effective service with other troops from Massachusetts. Gen. William Heath of Massachusetts had been ordered to New York. On the 30th of March he arrived in that city, and under the date of July 17th he writes as follows in his diary; 'A regiment of militia, under the command of Col. Holman, arrived from Massachusetts.' Thus we find the whereabouts of our hero at that time. On 27th of August of that year his regiment received a baptism of fire near New York that steeled its men for harder conflicts to follow. the result was disastrous to the American arms but the spirit of liberty yet burned bright in the men from Worcester County and elsewhere.In October the regiment of Holman met the foe at White Plains. Although no great advantage was gained, it nobly bore its part in the fray. The entire command of the Sutton officer received the commendations of his superiors.

There were a number of documents where he was listed as the doctor who certified someone unfit for service. This is for his Col. Ebenezer Learned and shows Dr. Sutton's signature. 

From Centennial History of the Town of Millbury (bold is mine):

On March 1, 1779, Ebenezer Waters, John Elliot and Nehemiah Gale were chosen on the "Committee of Correspondence, Inspection and Safety." On June 21, Lieut. William King, Ensign Nathaniel Carriel, Lieut. Joseph Elliot, Jr., Samuel Waters, deacon Willie Hall, John Harbeck, Joseph Waters, Dr. James Freeland, James Bond, Nehemiah Gale, and deacon Asa Waters were chosen as a committee "to procure men to serve in the Continental Army. 

On April 10, Lieut. William King, Ensign Nathaniel Carriel, Lieut. Joseph Elliot, Jr., Mr.Samuel Waters, deacon Willie Hall, Mr. John Harback, Mr. Joseph Waters, Dr. James Freeland, Mr. Jonas Bond, Nehemiah Gale, and deacon Asa Waters were chosen as a committee to settle with the nine-months men, since their time had nearly expired.

On May 1, Dea. Tarrant Putnam, Lieut. Wm. King, deacon Asa Waters, Capt. March Chase, Col. Jonathan Holman, Col. Timothy Sibley, Elder Jeremiah Barstow, Dr. James Freeland, and Elder Daniel Greenwood wee selected as a committee "to consider the Constitution and make a report to the Town of what they do approve of and what they do not approve of." - I am assuming this is the Constitution for the state of Massachusetts since the national Constitution was still about a decade away from being written.

A requisition was made upon Sutton for thirty-three thousand six hundred forty pounds of beef. Capt. March Chase, Mr. John Hall, and Mr. Moses Hovey were chosen as a committee to purchase the amount and fifty thousand, four hundred sixty pounds were appropriated to meet the expense. At nearly the same time a call came from the General Court asking the town to furnish thirty-one men to serve for three years in the Continental Army or during the war. Col. Timothy Sibley, Capt. Abijah Burbank, Capt. John Putnam, Capt. Andrew Elliot, Lieut. Solomon Leland, Mr. Abraham Batchellor, Jr., Dr. James Freeland and Mr. Ebenezer Waters were chosen as a committee "to class out the town into classes in order to procure the thirty-one men for the Continental Army." At an adjourned meeting, the town "voted that if any person in any of the classes refuses to pay his proportion as assessed in the class he belongs to he shall be assessed his proportion as he was in said class and half as much more."  - I guess that's one way to get people to pay their taxes!

Dr. Freeland died in 1796 and is buried with his wife, Mehitable (Mellen) Freeland in the Dwinnel Cemetery in Millbury. This is from the Centennial of the Town of Millbury:

The Dwinnel cemetery is located close to the northerly road running from Millbury to Auburn, about a mile from the Greenwood Crossing of the Providence & Worcester Railroad. This quiet spot is the resting place of many members of early families, including Revolutionary soldiers, both officers and privates, as well as soldiers in other wars. the place is now but little used. Among the soldiers of the Revolution here buried are Solomon Dwinnel, Joshua Carter, Robert Goddard, Dr. James Freeland, Capt. James Greenwood, the Hollands, the Bancrofts, and the Bonds. the place was neglected until 1861, when on June 21st, the proprietors deeded it to the town for one hundred dollars ($100). " 

Dr. James Freeland died Oct 5, 1796, aged 52
Mehitable, wife of Dr.James Freeland, died March 1792, aged 44

Sources:
Fold3.com - images of records relating to Dr. James Freeland's service
Centennial history of the town of Millbury, Massachusetts including vital statistics, 1850-1899. Published under the direction of a committee appointed by the town. 1915. Accessed 2012 on Open Library.
Jonathan Holman, a revolutionary colonel. A paper read before the Worcester society of antiquity, December 5th, 1893. by John C. Crane. 1884. Accessed 2012 on Open Library

Dr. James Freeland & Mehitable Mellen
Dr.Timothy Carter & Frances Freeland
Elias Mellen Carter & Rebecca Ann Williamson
Augustus Mellen Carter & Rebecca Williamson
Edward Mellen Carter & Fannie May Capen
T. Richard Carter - my grandfather

Ebenezer Learned - son of Col. Ebenezer Learned, Sr.; son of Isaac Learned, Jr. - my 8th great-grandfather - a branch of my Carter line

Jonathan Holman's great-great grandfather was the second husband of my 10th great-grandmother, Amy Glass - a branch of my Cotton line.

How Did You Get Your Name?

In a Facebook post, Footnote Maven (geneablogger extraordinaire) recently told the story of how her daughter, Heather, was named. It spurred a great set of comments about names. It got me thinking about the decisions parents make about naming their children. I thought I would share some stories from my family. 

Augustus Mellen Carter  

My great-grandfather was Edward Mellen Carter. His father was Augustus Mellen Carter and his grandfather was Elias Mellen Carter. Elias Mellen Carter's grandmother was Mehitable Mellen. That is how the surname entered the lineage as a middle name. Edward Mellen Carter did not give the middle name to any of his sons. I always though "Mellen" was an odd name until I found out its origin. My grandfather, Thomas Richard Carter and his brother, Edward Augustus Carter, both went by their middle names. Their sister, Rebecca Williamson Carter was named for their grandmother, Rebecca Williamson, our most recent immigrant ancestor. Stanley Capen Carter got his middle name from his mothers maiden name. The youngest child, Paul Albert Carter has no obvious connections to any other family names. 

Back: Bruce & Rebecca Williamson (Carter) Bailey, Paul Carter, Frances Arabella Carter, Medora (Baker) Carter, and Fern Lyndell (Cotton) Carter. Front: Gus Carter holding Ann (Carter) Grove, Fannie (Capen) Carter holding Teddy Carter, Dick Carter holding Timmy & Tommy Carter. 

My grandmother, Fern Lyndell Cotton, went by her middle name too. She always said her mother had a flower garden because of her sisters, Ada Lillie, and Nina Mae (she always called her Nina Mayflower). Fern Lyndell (Cotton) Carter had four sons. She used to say that she wanted four boys - Tommy, Timmy, Johnny, and Jimmy. However, after the Tommy (my dad) and Timmy, she named her younger sons, David and Stephen. 

Thomas Richard "Dick"  & Fern Lyndell (Cotton) Carter

Russell "Joe" Yates & Linona "Peggy" (Yates) Blake

My other grandmother, Linona Alice (Yates) Blake came from a large family and their names always confused me. Why was my Uncle Joe's name really Russell? My mom told me that a family member (I think an uncle) gave them all nicknames and some of them stuck so - Georgie became Becky, Lawrence became Rat, Linona became Peggy, Viva became Pilly, Russell became Joe, Carroll became Tom, Laura became Sis, and Bryce became Bud. In adulthood Lawrence, Viva, Laura, and Bryce reclaimed their birth names but I knew my great uncles as "Uncle Joe" and "Uncle Tom" and my grandmother was "Peggy" to most people. My grandmother named her three daughters, Myrna, Kaye, and Loretta for actresses - Myrna Loy, Kaye Francis, and Loretta Young. 

Myrna, Kaye, Loretta in back and Linona Alice "Peggy" seated. 

My middle name is Lyn for my grandmothers' names, Lyndell and Linona. My four sons all have middle names for family members. The oldest is Cameron Stephen for his father, Cameron and my favorite uncle, Stephen. Next is Joshua Thomas for his grandfather, Thomas Robert and great-grandfather, Thomas Richard. Next is Benjamin John for my only male cousin, John Richard Carter, and my ex-husband's closest brother, John Albert Holmes. The youngest is Nicholas Carter for my maiden name. Nicholas is because when we were discussing name, Ben was six and loved the idea of a brother named Nick because his favorite shows were on Nickelodeon. Ben said he was calling the baby "Nick" whether it was a boy or a girl! When Nick was born at 8:20 pm, his brothers thought he was perfect - Nick at Nite. 

My sons (mid-90s) & grandparents

What's the story behind your family names? 

Tombstone Tuesday - Frances (Freeland) Carter

This stone is pretty weathered and hard to read but it marks the grave of Frances Freeland who married Dr. Timothy Carter on July 7, 1793 in Sutton, Massachusetts. She and Dr. Timothy came to Bethel in 1799. Her husband had studied medicine under her father, Dr. James Freeland, a Revolutionary War surgeon. Dr. Timothy Carter became the first doctor in Bethel. I wrote about them and their journey to Maine in a previous post. Frances was the daughter of James & Mehitable (Mellen) Freeland. She was born on September 4, 1771 in Sutton, Massachusetts and died November 14, 1815 in Bethel, Maine. 

Dr. Timothy Carter and Frances, or Fanny as she was called (and is recorded on her headstone), were my 4th great-grandparents and had the following children:

Rev. Lawson Carter 1793-1868 - Findagrave memorial
Galen Carter 1795-1870
James Freeland Carter 1797-1840
Timothy Jarvis Carter 1805-1838 - blog post about his death - Congressman from ME
Luther Cullen Carter 1805-1875 - Findagrave memorial - Congressman from NY
Frances Carter 1809-1902
Elias Mellen Carter 1811-1880 - My 3rd great-grandfather

She is buried in the Middle Intervale Cemetery, on Intervale Rd. in Bethel, Maine. This cemetery is located behind a meetinghouse built in 1816. For much of my life, the meetinghouse was in the possession of the Carter family. When the upkeep became too much, the family donated it to the Middle Intervale Meetinghouse Association. It was added to the National Register of Historic Places in 1998. 

Elias M. Carter married Rebecca Williamson, an Irish immigrant. Their son, Augustus Mellen Carter married Mary Frances Abbott. Their son, Edward Mellen Carter married Fanny May Capen. Their son, Thomas Richard Carter, was my grandfather.