USA > Massachusetts > Suffolk County > Boston > Genealogical and personal memoirs relating to the families of Boston and eastern Massachusetts > Part 6
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ANCESTRY .- William Bowditch (1), was admitted an inhabitant of Salem, Massachu- setts, November 20, 1639. His wife Sarah joined the church at Salem. May 10, 1640. Mr. Bowditch had a grant of ten acres of land, January 23, 1642, and had another grant of thirty acres, on October 13. 1649. Mr. Bow- ditch is said to have come to Salem from De- vonshire, England. Children: 1. William, born about 1640; see forward. 2. Nathaniel, baptized February 12. 1642-3. Nathaniel Bowditch, of Newport, Rhode Island; sold land in Salem, in 1674.
(II) William Bowditch, son of William Bowditch (1), born at Salem, Massachusetts, about 1640, died before November 12, 1681 ; was a merchant at Salem, and collector of customs at the port of Salem ; married Sarah ; she was living in 1703. Child: I. William, see forward.
(III) Captain William Bowditch, son of William Bowditch (2), born at Salem, Mass- achusetts, September, 1663. died May 28, 1728, Married, August 30, 1688, Mary Gard-
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ner, born February 14, 1669-70, died 1724, daughter of Lieutenant Thomas and Mary ( Porter ) Gardner, of Salem. He was a sea cap- tain and a merchant, a selectman, deputy to the general court. 1712-13, and held other offices of trust, and was a prominent citizen of Salem. lle and his wife are both buried in the Char- ter street burying ground. Children : I. Mary, born August 2, 1689. died October 2, 1680. 2. William, born October 31. 1690, died October 12, 1705. 3. Mary. born December 18, 1693, died February; 1724; married first, September 8, 1715. James Butler, of Boston, Massachusetts : second, December 26, 1723. Captain Samuel Barton, of Salem. 4. Sarah, born January 10, 1696, died March, 1761 ; mar- ried, June 30, 1715. Joseph Hathorn, of Sa- lem, who died June 3. 1760. 5. Thomas, born June 5. 1698, died November 30, 1702. 6. Joseph, born August 21, 1700, died October 6, 1780: married, July 25, 1725. Elizabeth Hunt, who died May 7, 1743, in her thirty- ninth year. 7. Ebenezer, born April 26, 1703. see forward. 8. Eunice, born June 8, 1705. died July 2, 1705. 9. Eunice, born March 22, 1707, married, December 12. 1728, William Ilunt, of Salem. 10. Daniel, born June 19. 1709, died about 1730. 11. William, born February 1, 1713, died November 1, 1715.
(IV) Captain Ebenezer Bowditch, son of Captain William Bowditch (3), born at Salem, Massachusetts, April 26, 1703, died February 2. 1768, aged sixty-four ; married, August 15, 1728, Mary Turner, born November 1. 1706, died May 1, 1785, daughter of Colonel John and Mary ( Kitchen) Turner, of Salem. Chil- dren : 1. Ebenezer, born September 28, 1729, died August 3. 1771 ; married July 17. 1755. Elizabeth Gilman, of Ipswich, Massachusetts, who died February 11, 1824, aged ninety-two vears. 2. John, born April 3, 1732; married July 12, 1759. Mary Carlton, of Salem. 3. Thomas, born about 1734. died July 29, 1808, aged seventy-four years: married April 21, 1760, Sarah Bancroft, of Lynn. Massachu- setts, who died February 26, 1808, aged sixty- six years. 4. William, died December 29, 1752, aged eighteen years. 5. Habakkuk, bap- tized March 5. 1737-8, see forward. 6. Mary. died April 22, 1757, aged fifteen years.
(V) Captain Habakkuk Bowditch, son of Captain Ebenezer Bowditch (4), born at Sa- lem, Massachusetts, baptized March 5, 1737-8, (lied July 28, 1798; married July 23. 1765, Mary Ingersoll, daughter of Captain Nathaniel and Bethia (Gardner ) Ingersoll, of Salem. Children : 1. Mary, baptized March 30, 1766,
(lied 1808: married Captain David Martin. 2. Habakkuk, baptized May 15, 1768. 3. Eliza- beth, baptized May 19, 1771. 4. Nathaniel. born March 26, 1773, see forward. 5. Samuel Ingersoll, baptized September 12, 1779. 6. William, baptized September 12, 1779. died 1799. 7. Lois, baptized April 1, 1781, mar- ried Captain Joseph Bowditch.
(VI) Nathaniel Bowditch, son of Captain Habakkuk Bowditch (5), born at Salem, Massachusetts, March 26, 1773, died at Bos- ton, Massachusetts, March 16, 1838; married first, March 25. 1798, Elizabeth Boardman, daughter of Captain Francis and Mary ( Ilodges) Boardman, who died October 18. 1798. aged nineteen years: married second, October 28, 1800, his cousin, Mary Ingersoll, born December 4, 1781, died April 17, 1834. daughter of Jonathan and Mary ( Hodges ) Ingersoll, of Windsor, Vermont. Children by second wife: 1. Nathaniel Ingersoll, born at Salem. January 17, 1805, died in Brookline, Massachusetts. April 16, 1861. (H. C. 1822). Married April 23, 1835. Elizabeth B. Francis. 2. Jonathan Ingersoll, married Lucy Orne Nichols. 3. Henry Ingersoll, born at Salem, August 9. 1808. died January 14, 1892. (II. C. 1828). 4. Charles Ingersoll, died February 21, 1820. 5. Son, died young. 6. Mary In- gersoll. 7. William Ingersoll. (H. C. 1838) 8. Elizabeth Boardman Ingersoll.
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 of 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 vears 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 ISI4 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 Har-
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vard College. Ile was the author of "A Gen- eral 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 insti- tution of slavery was checked.
Daniel Webster in his famous "Reply to Ilayne" eulogized him thus: "I paid a pass- ing 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 pretence, of so great a capacity to do good and so un- mixed 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 remem- bered." Webster furthur said: "It fixed for- ever the character of the population in the vast regions northwest of the Ohio, by exclud- ing from them involuntary servitude. It im- pressed 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 com- pact, 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. Christo- pher T. Ayer, is printed in Stone's "History of Beverly," from which are made these ex- tracts: "His father was a worthy and sub- stantial 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 liv- ing ( 1843) one in her 102d year. He was re- markable for his power of long continued ap- plication to study. His advantages of educa- tion before he was twenty-one were very small. Ile prepared himself for college in the short space of eight months. He studied law under the well known Judge Wetmore .* His prac- tice from the first was extensive and profit-
able. Through growing deafness he was in- duced gradually, and at length wholly to re- tire 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 con- stitution, 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 Massachu- setts. It was adopted, as I think I have under- stood, without the slightest alteration ; and cer- tainly 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 Uni- versity. He was also a donor to the Dane Law Library of Ohio His "General Abridge- ment and Digest of American Law, with Oc- casional Notes and Comments," is in nine volumes. It was published in 1823 and 1829. and is regarded a monument of immense in- dustry 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 of 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 in- telligible 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 man- ners, and in all that he did. His eloquence was that of fact and argument. His life throughout was one of constant and wonder- ful diligence. He was never before his last illness confined to his house by sickness more
* 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.
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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. Ilis judg- ment 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, saga- cious and able, and he was correspondingly skilful in conducting his private business. Al- though 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 re- sent ful or vindictive feelings. To the excellent partner of his life he was united for fifty-five
years, and she survived him. Without chil- dren 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.
Ilis widow died April 14, 1840, aged ninety years.
ANCESTRY .- John Dane (1), of Berkham- sted, 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, Jolm Parminter, of Sudbury, Massa- chusetts. 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.
(HT) John Dane, son of John Dane (1), died at Ipswich, Massachusetts, September 29. 1684: married first, Eleanor Clark ; married second, Alice , who after his decease married Jeremiah Meacham, of Salem, Massa- chusetts, and died before May 4, 1704. Chil- dren : 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 : mar- ried second. December 25, 1690, Ruth Con- verse, of Woburn, Massachusetts, who died January 12. 1735-6. 5. Rebecca, married James Hovey. 6. Elizabeth, married Reginald Foster, Jr.
( H11) John Dane, son of John Dane (2). clied December 23. 1707, "in ye 65th year of his age." ( Gravestone at Hamilton). Mar- ried December 27. 1671, Abigail Warner, daughter of Daniel and Elizabeth ( Denne ) Warner, of Ipswich, Massachusetts. Chil- dren: 1. John, born November 29, 1681. 2. Daniel, born about 1689, see forward. 3. Sus- annah, 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 De- cember 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 Jannary 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 Octo- ber 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 : I. Daniel, married (pub-
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lished 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. II. 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, Decem- ber 27, 1752, died at Beverly, Massachusetts, February 15, 1835, married November 14. 1799, Polly Brown, who died April 14, or Aprll 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 num- ber of relatives, viz .: Nathan Dane, of Ken- nebunk, Maine ; Nathan D. Appleton, Alfred, Maine: nephew Joseph Patch and his sister Leafa Patch; nephew Daniel Appleton and his sister Lydia Lamson, with proviso regard- ing 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, daugh- ters of "my brother Daniel Dane, deceased :" and to the children of his daughter Sally, de- ceased ; 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. Cox 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 Dun- barton, New Hampshire, said Whipple sup- porting 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 Kenne- bunk, Maine, to be residuary legatee. After the death of his wife a certain sum was de- vised to Harvard College.
JOSEPH STORY.
Joseph Story, son of Dr. Elisha Story, was born in Marblehead, September 18, 1779, and died in Cambridge, September 10, 1845.
It is said of him that he made "no delays in his youth;" and he was graduated at Har- vard in 1798, received degrees of LL. D. from Brown, 1815; Harvard, 1821; and Dart- mouth, 1824. His education before entering college was received under the direction of William Harris, afterwards president of Co- lumbia College. He studied law with Chief Justice Samuel Sewall; in Marblehead, and later with Judge Samuel Putnam, and was ad- mitted to the bar in 1801. In politics he was a Democrat, and as such was almost alone among the lawyers of his county. He was a member of the house of representatives in Massachusetts in 1805, 1806 and 1807 ; a mem- ber of congress in 1808: again a member of the legislature from 1809 to 1812, and was speaker of the house in 1811. In 1811 he was appointed associate justice of the supreme court of the United States. He was then only thirty-two years old. He was appointed Dane professor of law at Harvard University in 1829, and in the same year removed from Salem to Cambridge. Here he resided until his death. He was learned in the law, and had a wonderful fluency in the use of language, both spoken and written, and nothing disting- uished him more than his industry.
Among his law publications were "Selection of Pleadings in Civil Actions, with Annota- tions," 1805; "The Public and General Stat- utes passed by Congress from 1789 to 1827," and in 1836 and 1845, supplements to these, were edited by him; "Commentaries on the Law of Bailments, with Illustrations from the Civil and Foreign Law," 1832; "Com- mentaries on the Constitution," 1833: "Com- mentaries on the Conflict of Laws, Foreign and Domestic, in regard to Contracts, Rights and Remedies, and especially in Regard to Marriages, Divorces, Wills, Successions and Judgments." 1834; "Commentaries on Equity Jurisprudence as Administered in England and America," 1835 and 1836: "Commentaries on Equity Pleadings and the Incidents Thereto. according to the Practice of the Courts of Equity in England and America," 1838; "Com- mentaries on the Law of Agency as a Branch of Commercial and Maritime Jurisprudence. with Occasional Illustrations from the Civil and Foreign Law," 1839; also in 1841, 1843
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and 1845, "Commentaries on the Law of Part- nership." on the "Law of Bills of Exchange," on the "Law of Promissory Notes."
Judge Story, amid vast and constant labor as a lawyer, professor, jurist and author, found time for a long and interesting number of productions from his pen of a purely literary character. He delivered in Salem a eulogy of George Washington, 1800; a eulogy on Captain James Lawrence and Lieu- tenant A. C. Ludlow, 1813: a sketch of the life of Samuel Dexter, 1816; a charge to the grand juries of the circuit courts at Boston and Providence, 1819: a charge to the grand jury of the circuit court of Portland, 1829; an address before the members of the Suffolk bar, 1821 ; another before the Phi Beta Kappa Society of Harvard, 1826; another before the Essex Historical Society, 1828; another on his inauguration as Dane Professor of Law at Harvard University, 1829: another on the dedication of the cemetery at Mount Auburn, 1831 : on the funeral obsequies of John Hooker Ashmun, 1833; on the life, character and ser- vices of John Marshall, LL. D., 1835 : lectures on the science of government, 1838; and a dis- course before the alumni of Harvard College, 1842: a charge to the grand jury of Rhode Island on treason, 1845 : and many other oc- casional speeches and pamphlets.
George Bailey Loring, in his estimate of the character of Joseph Story, from which the above items are taken, says, "America has pro- duced but few men equal in all respects to Judge Story. As a student he combined pati- ence, diligence, comprehension and enthusiasm to a most extraordinary degree. He turned his attention in his early life to the hardest of all sciences, in which dispassionate judg- ment and cold deliberation are essentially re- quired. And yet he filled the temple of the law with a genial warmth and a radiant glow which could not be surpassed by any work of taste and imagination, and has rarely been equalled in those spheres which are dedicated to fervor and devotion. . His mind, with its vast grasp and broad understanding, work- ed on with the rapidity of light. . He was a great lawyer, a great author, a great citizen."
His decisions, 1812-15, are in "Gallison's Reports :" 1816-30, in "Mason's Reports;" 1830-39. in "Sumner's Reports :" and 1839-45. in "Story's Reports." Three unprinted manu- script volumes were finished just before his (leath, and were deposited in the Harvard Col- lege Library. These volumes were entitled "Digest of Law Supplementary to Comyns."
The mere recapitulation of his published literary labor is alone enough to appall an ordinary mind. The judgments delivered by him on his circuit comprehend thirteen vol- umes. The Reports of the Supreme Court during his judicial life occupy thirty-five vol- umes, of which he wrote a full share. His various treatises on legal subjects cover thir- teen volumes, besides a volume of Pleadings. He edited and annotated three different treat- ises, with copious notes, and published a vol- ume of Poems. The above, and much else, is mentioned in an enumeration by his son and biographer.
Dr. Francis Lieber, in a letter dated 1857. writes, "His name will forever grace the list of leading men in a period of our country which we fear was greater than that in which we live." Eminent contemporaries, such as Chancellor Kent and Lord Brougham, pro- nounced judgments upon him, in effect, that he was "the first jurist living."
ANCESTRY .- Elisha Story (1), of Boston, Massachusetts, died there September 20, 1725, aged forty-two years; married first, October 17.1706, Lydia Emmons, born 1685. died July 27. 1713, daughter of Benjamin and Mary Emmons, of Boston; married second Octo- ber 1, 1713. Mrs. Sarah ( Stocker ) Renouf, of Boston, who died June 28, 1741, aged fifty- eight years. Mr. Story was a cordwainer by occupation, and his homestead was on the spot where the Revere House now stands. The will of Elisha Story, dated January 6, 1723. probated September 30, 1725, mentions wife Sarah, and her two children, Clement Renouf and Rebecca Renouf, whom she had by her former husband, to whom were given lands in Nottingham. New Hampshire ; and his only son, William Story, and his only daughter. Lydia Box, were given his real estate in Bos- ton. He was admitted a member of the Old South Church, Boston, April 18, 1705. Child by first wife: 1. Elisha, born July 19, 1713. died young. Children by second wife: 2. Sarah, born September 8, 1714, died young. 3. Elisha, born March 3. 1717-18, died young. 4. Lydia, born March 26, 1718-19, married John Box. 5. William, see forward.
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