Nathan Cushing (1742 - 1812)

Born 24 Sep 1742 in Scituate, Plymouth, Massachusetts Bay

Ancestors

Husband of Abigail (Tilden) Cushing — married 11 Jul 1772 in Pembroke, Plymouth, Massachusetts Bay

Descendants

Died 4 Nov 1812 at age 70 in Scituate, Plymouth, Massachusetts, United States

Problems/Questions Profile manager: Cherry Duve [send private message]

Biography

Nathan Cushing was born on September 24, 1742 in Scituate, Plymouth County, Massachusetts. ^{[1] [2]} He was the son of Joseph Cushing and Lydia King Cushing.

Nathan was first a preacher as a young man. ^[3] Nathan received a degree at Harvard College in 1763. He studied law. ^{[4] [3]}

Nathan's father died on January 2, 1767. An appraisal of his property was reported to the court on April 16, 1767 giving the value of the Real Estate Valued at £1035.8.4 and a personal estate of £507.6.3. The personal estate included "a negro woman and boy". The total value of the estate was 1542 pounds, 14 shillings and 7 pence. ^[5] Since his mother had died in 1751 the Estate would have been divided among the children. They signed an agreement on August 7, 1767 stating that it could not be equitably divided without spoiling the whole. They agreed that George would be assigned the real estate and would pay the remaining children a one tenth share. Nathan was to receive one hundred & six pounds, four shillings, & two pence.

Nathan Cushing of Scituate and Abigail Tilden were married on, July 11, 1772 in Pembroke. ^[6] She was the daughter of Capt. Christopher Tilden, of Pembroke. ^[3]

During the Revolutionary War he was a patriot and a Whig.^[4] On September 26, 1774 he was a delegate to the Plymouth County Congress. He was one of the signers of the Manifesto issued at the Plymouth Congress on 4 October 1774. ^[3]

Two Judges of Admiralty were to be appointed by the legislative authority of Massachusetts in 1775. George Cushing was appointed for the southern district. " Judge Cushing conducted with firmness and promptitude, and yet with fairness and impartiality. Numerous vessels were then taken by the American privateers, and libeled for adjudication. Whatever were his prejudices or his wishes as a patriot, he so decided generally, that his sentences were fully approved."^[4]

The Supreme Judicial Court of Massachusetts was formed under the state constitution of 1780. ^[4] Nathan Cushing was appointed a Judge of the Supreme Court of Massachusetts in 1789 and held that office until he resigned in 1810 and afterwards served as a counsellor of the State ^{[7] [8]}

On Dec 13, 1780 the council ordered that Nathan Cushing Esquire be a committee to prepare a seal for the Commonwealth of Massachusetts. When it was completed it was accepted and has remained in use as the Arms of Massachusetts ^[8]

The 1790 U. S. Census ^[9] the family lived in Scituate. The record shows one male under sixteen, three over sixteen and five females. Since they only have three known children, some of these were likely servants of extended family members.

In 1802 four vacancies opened on the House of Representatives of the Massachusetts Legislature. The two houses met and voted by ballot and Hon. Nathan Cushing was chosen to fill one of them. ^[10]

On June 27, 1809 Nathan signed a will. It provided his wife, Abigail, support and use of the estate until after her death. At that time the real estate would go to his only living son, Christopher. His daughter, Abigail Otis , was married and was to receive shares of Boston Bank. Frances was still unmarried at the time he wrote the will so he provided for her support after her mother's death as long as she remained single.^[11] Christopher was to be executor of the will.

Judge Nathan Cushing died on November 4, 1812 in Scituate. He was seventy years old. ^[12]

Children of Nathan and Abigail Tilden Cushing

• Abigail ; m. 18 Oct., 1806, Dr. Cushing Otis of Scituate ; d. 9 June, 1852.^[3]
  
• Christopher, b. 1774; m. 30 Nov., 1817, Lucy, daughter of Noah Nichols of Scituate. Surviving him she married; (2) 26 Sept., 1827, Hon. Wilkes Wood of Middleboro. Christopher graduated from Harvard College in 1794. He d. 15 Dec, 1819.^[3]
  
• Frances; m 6 Aug., 1812, Capt. Lemuel Cushing, of Roxbury, (No. 169 : v) ^[3]
  

Research Notes

Birth

Nathan's birth year was listed in records as 1741. At the time the colonies were using the Julian Calendar. In 1752 the Gregorian calendar was adopted and under the new calendar the year would be 1742. This applies to most of his siblings also. And in some cases can make the birth dates of children less that 9 months apart if one is reported in Julian and the other in Gregorian calendar dates.

The historical marker showing his birthplace and Wikipedia list of Justices say that he was a Judge of the Supreme Court of Massachusetts from 1789–1810. ^{[8] [7]} The James Cushing book indicates he resigned in 1801. ^[3]

Death Date

Vital Records Transcripts of Massachusetts (Scituate) gives differing death dates. It indicates the death was listed as November 4, 1812 in the town record. In parenthesis it shows that the gravestone record for South Parish Cemetery, Norwell shows the death as November 3, 1812. ^[12]
The James Cushing book gives the death as November 4. ^[3]
Find a Grave gives the date of death as November 3 with no headstone photo but the information notes the above discrepancy. ^[13]
Wikidata has it listed as November 3 also - probably based on the Find a Grave memorial date.
I would leave the date as November 4, which I think was based on the first record recorded, but rather than fight what all the other sites say, I am changing the date in the data box to November 3 and leaving it as November 4 in the biography. I don't see a point in fighting a battle over one day.

Sources

1. ↑ Ancestry.com. Massachusetts, Compiled Birth, Marriage, and Death Records, 1700-1850 [1]]. Lehi, UT, USA: Ancestry.com Operations, Inc., 2018. New England Historic Genealogical Society; Boston, Massachusetts; Vital Records of Scituate, Massachusetts to the Year 1850; s. Joseph Jr. & Lydia Cushing; b. 24 September 1741/42: NATHAN CUSHING
2. ↑ Cushing, Lemuel: Genealogy of the Cushing family, The: [2]; Pub. Montreal, Lovell printing and Publishing Co.; 1877; Page 38, m. 1732 Lydia King, 15 children; JOSEPH CUSHING
3. ↑ ^{3.0 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8} Cushing, James Stevenson; The genealogy of the Cushing family, an account of the ancestors and descendants of Matthew Cushing, who came to America in 1638; 1905; Montreal, The Perrault Printing Co.; Full catalog record MARCXML; online [3]; page117; Image 116 of 598; NATHANIEL AND ABIGAIL TILDEN
4. ↑ ^{4.0 4.1 4.2 4.3} Bradford, Alden: Biographical Notices of Distinguished Men in New England: Statesmen; Publisher S.G. Simpkins. 1842; ONLINE[4]; page 121, Image124 of 476; CUSHING, HON. NATHAN
5. ↑ "Massachusetts, Plymouth County, Probate Records, 1633-1967," images, FamilySearch [5] : 20 May 2014, Probate records 1763-1771 vol 19-20 > image 361 of 641; State Archives, Boston. Appraisal £1542.14.7 Real Estate, Personal Estate including a negro woman and boy: 16 April 1767; Estate of Joseph Cushing, Jr.
6. ↑ Ancestry.com. Massachusetts, Compiled Birth, Marriage, and Death Records, 1700-1850 [6]. Lehi, UT, USA: Ancestry.com Operations, Inc., 2018. Pembroke Marriages, page 263, Image 263 of 465; m. 11 Jul 1772
7. ↑ ^{7.0 7.1} Wikipedia, List of Massacachusetts Supreme Court Justices; [7] 1790-1810; Nathan Cushing
8. ↑ ^{8.0 8.1 8.2} The Historical Marker Database; [8]; Norwell in Plymouth County, Massachusetts — The American Northeast (New England): submitted by Roger W. Sinnott of Chelmsford, Massachusetts; Photos included; Site of Home of Nathan Cushing
9. ↑ Ancestry.com. 1790 United States Federal Census [9]. Provo, UT, USA: Ancestry.com Operations, Inc., 2010. Original data: First Census of the United States, 1790 (NARA microfilm publication M637, 12 rolls). Records of the Bureau of the Census, Record Group 29. National Archives, Washington, D.C.; Scituate, Plymouth, MA; page 313. Col 1;
10. ↑ Newspapers.com; [10]; The Pittsfield Sun; Pittsfield, MA: 07 Jun 1802, Page 3, Col. 2; Massachusetts Legislature, House of Representatives: Chosen to fill seat on the council board: HON. NATHAN CUSHING
11. ↑ Ancestry.com. Massachusetts, Wills and Probate Records, 1635-1991 [11]. Provo, UT, USA: Ancestry.com Operations, Inc., 2015. Plymouth, MA; Probate Estate Files; 5691; 27 June 1809; NATHAN CUSHING
12. ↑ ^{12.0 12.1} Ancestry.com. Massachusetts, Town and Vital Records, 1620-1988 [12]. Provo, UT, USA: Ancestry.com Operations, Inc., 2011.Original data: Town and City Clerks of Massachusetts. Massachusetts Vital and Town Records. Provo, UT: Holbrook Research Institute (Jay and Delene Holbrook). Vital Record Transcripts; Scituate Deaths; page 377, Image 808 of 904; d. 14 Nov. 1812, age 70: JUDGE NATHAN CUSHING
13. ↑ Find a Grave, database and images (accessed 28 September 2020), memorial page for Judge Nathan Cushing (24 Sep 1742–3 Nov 1812), Find a Grave Memorial no. 92223254, [13]; No headstone photo; citing First Parish Cemetery, Norwell, Plymouth County, Massachusetts, USA ; Maintained by Graves (contributor 47171280)