GENEALOGICAL and PERSONAL MEMOIRS
Relating to the Families of Boston and Eastern Massachusetts
Prepared under the editorial supervision of William Richard CUTTER, A. M.
Historian of the New England Historic Genealogical Society; Librarian of Woburn Public Library; Authur of “The Cutter Family,” “History of Arlington,” “Bibliography of Woburn,” etc., etc.
Volume I.; Illustrated
New York; Lewis Historical Publishing Company; 1908
Page 27

NATHAN DANE
Nathan Dane was born at Ipswich, in the parish of that town called the Hamlet, now the separate town of Hamilton, December 29, 1752. His ancestor John Dane came from England before 1641 and from him Nathan was descended by John (2), John (3), Daniel (4), Daniel (5), the last whom married Abigail Burnham, the mother of Nathan.
He worked on a farm until he was twenty-one, when he prepared himself for college, and entered Harvard, and was graduated there in 1778. He then taught school and studied law, and began practice in Beverly, where he resided until his death, February 15, 1835. He was a representative to the general court of Massachusetts, 1782-85; member of Congress, 1785-87; and of the Massachusetts senate five years between 1790 and 1798. He held other honors, including an appointment as justice of the court of common pleas, but resigned the place very soon. In 1814 he was a member of the Hartford convention. He was a member of several historical societies. In 1829 he founded the Dane law professorship in Harvard College. He was the author of "A General Abridgment and Digest of American Law," a work which gave him a permanent fame. But he is still better known for the connection of his name with the Ordinance of 1787, drafted by him for the government of the Northwest Territory of Ohio. In this document the spread and power of the institution of slavery was checked.
Daniel Webster in his famous "Reply to Hayne" eulogized him thus: "I paid a passing tribute of respect to a very worthy man, Mr. Dane, of Massachusetts. It so happens that he drew the ordinance of 1787 for the government of the northwest territory. A man of so much ability and so little pretense, of so great a capacity to do good and so unmixed a disposition to do it for its own sake, a gentleman who had acted an important part forty years ago, in a measure the influence of which is still deeply felt, should be remembered." Webster further said: "It fixed forever the character of the population in the vast regions northwest of the Ohio, by excluding from them involuntary servitude. It impressed upon the soil itself, while it was yet a wilderness, an incapacity to bear up any other than freeman. It laid the interdict against personal servitude, in original compact, not only deeper than all local law, but deeper, also, than all local constitution."
He was notable above all his professional brethren of that time. He acquired in his youth a physical stamina by work on the farm which supported him through the unremitted labors of a long life, during sixty of which he pursued his studies.
A notice by a contemporary, Rev. Christopher T. Ayer, is printed in Stone's "History of Beverly," from which are made these extracts: "His father was a worthy and substantial farmer, and his parents respectable and excellent persons, of whom he always spoke with veneration and affection. They had a numerous family - six sons and six daughters - of whom two daughters were livng (1843) one in her 102d year. He was remarkable for his power of long continued application to study. His advantages of education before he was twenty-one were very small. He prepared himself for college in the short space of eight months. He studied law under the well known Judge Wetmore.* His Practice from the first was extensive and profitable. Through growing deafness he was induced gradually, and at length wholly to retired from it. He was appointed on a committee to revise the laws of the State in 1795, and again to a similar duty in 1811 and 1812. He was an elector of president of the United States in 1812, and chosen in 1820 a member of the convention for revising the State constitution, but on account of deafness did not take his seat. He was distinguished by his ability in debate, knowledge of public business and capacity for discharging it." "We are accustomed," said Mr. Webster (in 1830), "to praise the lawgivers of antiquity; we help to perpetuate the fame of Solon and Lycurgus; but I doubt whether one single law of any lawgiver, ancient or modern, has produced effects of a more distinct and marked and lasting character than the ordinance of '87. That instrument was drawn by Nathan Dane, then and now a citizen of Massachusetts. It was adopted, as I think I have understood, without the slightest alteration; and certainly it has happened to few men, to be the author of a political measure of more large and enduring consequence."
He bestowed in his lifetime the sum of $15,000 to the Law College of Harvard University. He was also a donor to the Dane Law Library of Ohio. His "General Abridgement and Digest of American Law, with Occasional Notes and Comments," is in nine volumes. It was published in 1823 and 1829, and is regarded a monument of immense industry and learning. He completed another of nearly equal extent in manuscript, entitled, "A Moral and Political Survey of America." He could study and write at least twelve hours a day, and neither, as he said himself, the care children, nor the cares or want of property have interfered with his studies. At the time when he commenced this and his law works (in 1782) there were only fragments in the country on either subject. His writings are marked with a neglect of style, his object, when composing, being to pursue the thought before him, and simply to make his views intelligible to others. He had no graces of style, either native or borrowed; neither did he seek for such. To instruct and convince was his aim.
He was rigidly simple in his habits and manners, and in all that he did. His eloquence was that of fact and argument. His life throughout was one of constant and wonderful diligence. He was never before his last illness confined to his house by sickness more than two days at a time, and that very rarely. He took regular rather than a great deal of exercise, and that was walking chiefly. The qualities of his intellect were altogether of the solid kind. He had little acquaintance with the lighter branches of literature. His judgment was singularly discriminating and well balanced. Few ever lived who were less biased by passion or prejudice. In the management of public affairs he was cautious, firm, sagacious and able, and he was correspondingly skilful in conducting his private business. Although he was long in the practice of loaning money to many different individuals, he never incurred pecuniary loss in this way. He was remarkably free from the indulgence of resentful or vindictive feelings. To the excellent partner of his life he was united for fifty-five years, and she survived him. Without children of his own, he was as a father to many. He assisted several of his relatives to a liberal education, and others he aided to establish in life. If a prudent economy reigned in his family, so did also a ready hospitality. Few laymen have spent so much time in the study of theology. Rarely has there been one that had proposed to himself so much, who lived to see his objects so fully accomplished.
His widow died April 14, 1840, aged ninety years.
ANCESTRY - John Dane (I), of Berkhamsted, Bishop's Stortford, Herts, England, and of Ipswich and Roxbury, Massachusetts, died at Roxbury, September 14, 1658, married first, ­­_____; married second, July 2, 1643, Agnes Chandler, widow of William Chandler, of Roxbury; she married third, August 9, 1660, John Parminter, of Sudbury, Massachusetts. Children: 1. John, see forward. 2. Elizabeth, died at Ipswich, Massachusetts, January 21, 1693, married James How, who died at Ipswich, May 17, 1702. 3. Francis, minister at Andover, Massachusetts, died there February 17, 1696-7; married first, Elizabeth Ingalls, who died at Andover, June 9, 1676; married second, September 21, 1677, Mrs. Mary Thomas, who died February 18, 1688-9; married third, 1690, Mrs. Hannah (Chandler) Abbot, who died June 2, 1711.
(II) John Dane, son of John Dane (I), died at Ipswich, Massachusetts, September 29, 1684; married first, Eleanor Clark; married second, Alice _____, who after his decease married Jeremiah Meacham, of Salem, Massachusetts, and died before May 4, 1704. Children: 1. Mary, born about 1636; died May 10, 1679, married August 24, 1658, William Chandler, of Andover, Massachusetts. 2. John, born at Ipswich about 1644; see forward. 3. Sarah, born about 1645, died December 28, 1702, married September 23, 1668, Daniel Warner, Jr., of Ipswich, Massachusetts, who died November 24, 1696. 4. Philemon, born about 1646, died October 18, 1716; married first, October 7, 1685, Mary Thompson; married second, December 25, 1690, Ruth Converse, of Woburn, Massachusetts, who died January 12, 1735-6. 5. Rebecca, married James Hovey. 6. Elizabeth, married Reginald Foster, Jr.
(III) John Dane, son of John Dane (2), died December 23, 1707, "in ye 65th year of his age." (Gravestone at Hamilton). Married December 27, 1671, Abigail Warner, daughter of Daniel and Elizabeth (Denne) Warner, of Ipswich, Massachusetts. Children: 1. John, born November 29, 1681. 2. Daniel, born about 1689, see forward. 3. Susannah, born March 6, 1685-6, buried March 24, 1687. 4. Nathaniel, born June 27, 1691, died June, 1760; married first, 1712, Elizabeth Potter, married second, March, 1716-17, Anna Low, who died February, 1730-1; married third, December 23, 1732, Esther Kimball, of Wenham, Massachusetts. 5. Abigail, born December 15, 1673, married March 27, 1705, Joseph Crackbone, of Cambridge. 6. Rebecca, born September 18, 1676. 7. Elizabeth, born March 6, 1678-9.
(IV) Daniel Dane, son of John Dane (3), born at Ipswich, Massachusetts, about 1689, died there January 22, 1730-1; married first, March 16, 1714, Lydia Day, born October 27, 1694; married second, Mary Annable, widow of Matthew Annable, of Ipswich. Children: 1. Daniel, born about 1716; see forward. 2. John, born about 1719, died at Gloucester, Massachusetts, July 21, 1793, in the 74th year of his age. 3. Mary, born about 1721. 4. Lydia, born about 1725. 5. Nathan, born about 1727.
(V) Daniel Dane, son of Daniel Dane (4), born at Ipswich, Massachusetts, about 1716, died October 15, 1768; married (published January 5, 1739-40), Abigail Burnham, born August 31, 1717, died September 3, 1799, daughter of David and Elizabeth (Perkins) Burnham, of Ipswich. His will dated October 5, 1728, proved November 28, 1768, names wife Abigail, six sons and six daughters, whose names appear in the list of his children here given: Children: 1. Daniel, married (published January 12, 1771) Sarah Goodhue. 2. Nathan, born December 27, 1752, see forward. 3. Samuel, married Hannah Ellingwood. 4. John, died at Beverly, Massachusetts, March 5, 1829, aged eighty years; married (published January 2, 1773) Jemima Fellows, who died at Beverly, April 28, 1827. 5. Benjamin. 6. Joseph. 7. Abigail. 8. Lydia, died August 23, 1845, aged one hundred years eight months five days; married October 19, 1773, Thomas Appleton, of Beverly, Massachusetts, who died September 14, 1830, aged ninety years. 9. Elizabeth. 10. Sarah, married (published January 26, 1771), Ebenezer Ellingwood, of Beverly, Massachusetts. 11. Lucy. 12. Molly, married (published June 15, 1776), William Ellingwood, of Beverly, Massachusetts.
(VI) Nathan Dane, son of Daniel Dane (5), born at Ipswich, Massachusetts, December 27, 1752, died at Beverly, Massachusetts, February 15, 1835, married November 14, 1799, Polly Brown, who died April 14, or April 24, 1840, aged ninety years. The will of Hon. Nathan Dane, of Beverly, dated August 17, 1830, probated April 7, 1835, names his wife Polly, and mentions bequests to a large number of relatives, viz.: Nathan Dane, of Kennebunk, Maine; Nathan D. Appleton, Alfred, Maine; nephew Joseph Patch and his sister Leafa Patch; nephew Daniel Appleton and his sister Lydia Lamson, with proviso regarding their aged mother; nephew Samuel Dane and his brother John G. Dane, and their nephew Nathan Dane; besides bequests to the four sisters of said Samuel and John, daughters of "my brother Daniel Dane, deceased;" and to the children of his daughter Sally, deceased; niece Elizabeth Dodge and her son Nathan D. Dodge, she being the widow of Andrew Dodge - her sons Samuel and Nathan; niece Harriet Tuck; Ezra Cleaves, Jr., and his two sisters, Nancy Sargent and Sally Glidden; grandnephew N. D. Ellingwood; Samuel W. Cox; Sarah W. Coz and Lucy W. Cox, "daughters of my niece Nabby Cox," their sister Deborah Cox, their brother Ebenezer Cox; his nephew William Whipple, to whom he gave a farm in Dunbarton, New Hampshire, said Whipple supporting his mother; and he gave legacies to her five daughters, and to the children of her daughter Sally deceased; niece Esther Stanly; Sally Clarke; nephew Joseph Dane of Kennebunk, Maine, to be residuary legatee. After the death of his wife a certain sum was devised to Harvard College.



* William Wetmore, of Salem, Harvard 1770, was admitted to the bar 1780. He died 1830, and his daughter was the wife of Judge Joseph Story.