USA > Massachusetts > Genealogical and personal memoirs relating to the families of the state of Massachusetts, Volume I > Part 6
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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 pub- lished 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 as 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 sub- ject. 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 man- ners, and in all that he did. His eloquence was that of fact and argument. His life through- ont was one of constant and wonderful dili- gence. 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 exer-
. 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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cise, and that was walking chiefly. The quali- ties 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 con- ducting his private business. Although he was long in the practice of loaning money to many different individuals, he never incurred pecuni- ary 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 sur- vived 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 tme in the study of theology. Rarely has there been one that had proposed to him- self so much, who lived to see his objects so fully accomplished.
His 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 Rox- bury : she married third, August 9. 1660, John Parminter. of Sudbury, Massachusetts. Chil- dren: I. John, see forward. 2. Elizabeth, died at Ipswich, Massachusetts, January 21, 1693 : married James How, who died at Ips- wich. 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, 17II.
(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, Massa- chusetts, and died before May 4, 1704. Chil- dren : I. Mary, born about 1636, died May IO, 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.
(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: I. John, born November 29, 1681. 2. Daniel, born about 1689 ; see forward. 3. Susannah, born March 6, 1685-6, buried March 24, 1687. 4. Na- thaniel, 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, Massachu- setts. 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 : I. Daniel, born about 1716: see forward. 2. John, born about 1719, died at Gloucester, Massachu- setts. 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 : I. Daniel, married (pub- 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
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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. Eliz- abeth. 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, December 27, 1752. died at Beverly, Massachusetts, Feb- ruary 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 Leafe 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 Na- than 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. 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 Dunbar- ton, 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 Har- vard 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 Harvard in 1798, received degrees of L.L. D. from Brown,
1815; Harvard, 1821 ; and Dartmouth, 1824. His education before entering college was re- ceived under the direction of William Harris, afterwards president of Columbia College. He studied law with Chief Justice Samuel Sewall, in Marblehead, and later with Judge Samuel Putnam, and was admitted 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 representa- tives in Massachusetts in 1805, 1806 and 1807 ; a member 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 pro- fessor 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 wonder- ful fluency in the use of language, both spoken and written, and nothing distinguished him more than his industry.
Among his law publications were "Selection of Pleadings in Civil Actions, with Annota- tions," 1805 : "The Public and General Statutes 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: "Commentaries on the Constitution." 1833 ;"Commentaries on the Con- flict of Laws, Foreign and Domestic, in regard to Contracts. Rights and Remedies, and espe- cially in Regard to Marriages, Divorces, Wills, Successions and Judgments," 1834: "Commen- taries 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: "Commentaries on the Law of Agency as a Branch of Commercial and Maritime Juris- prudence, with Occasional Illustrations from the Civil and Foreign Law," 1839 ; also in 1841, 1843 and 1845. "Commentaries on the Law of Partnership." on the "Law of Bills of Ex- change," 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 pro- ductions from his pen of a purely literary char- acter. He delivered in Salem a eulogy of George Washington, 1800: a eulogy on Cap- tain James Lawrence and Lieutenant A. C. Ludlow, 1813: a sketch of the life of Samuel
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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 Har- vard. 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 ceme- tery at Mount Auburn, 1831 ; on the funeral obsequies of John Hooker Ashmun, 1833; on the life, character and services of John Mar- shall. LL. D., 1835 : lectures on the science of government, 1838; and a discourse before the alumni of Harvard College. 1842; a charge to the grand jury of Rhode Island on treason, 1845 ; and many other occasional 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 respect to Judge Story. As a student he combined patience, dili- gence, comprehension and enthusiasm to a most extraordinary degree. He turned his atten- tion in his early life to the hardest of all sciences, in which dispassionate judgment and cold deliberation are essentially required. 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 imagina- tion, and has rarely been equalled in those spheres which are dedicated to fervor and de- votion. His mind, with its vast grasp and broad understanding, worked 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 Re- ports ;" 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 death, 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 ordi- nary mind. The judgments delivered by him on his circuit comprehend thirteen volumes. The Reports of the Supreme Court during his judicial life occupy thirty-five volumes, of which he wrote a full share. His various treatises on legal subjects cover thirteen vol- umes, besides a volume of Pleadings. He edited and annotated three different treatises, with copious notes, and published a volume 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 Chan- cellor Kent and Lord Brougham, pronounced judgments upon him, in effect, that he was "the first jurist living."
ANCESTRY .- Elisha Story (I), 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 Em- mons, of Boston ; married second, October I, 1713, Mrs. Sarah ( Stocker ) Renouf, of Bos- ton, who died June 28, 1741, aged fifty-eight years. Mr. Story was a cordwainer by occupa- tion, 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 Boston. He was admitted a member of the Old South Church, Boston, April 18, 1705. Child by first wife: I. 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.
(II) William Story, son of Elisha Story (I), born at Boston, Massachusetts, April 25, 1720, died at Marblehead, Massachusetts, No- vember 24, 1799, aged eighty years; married first, August 13, 1741, Elizabeth Marion, born September 22, 1721, daughter of Joseph and Elinor (Bridge) Marion, of Boston ; married second, April II, 1747, Joanna Appleton, bap- tized November 17, 1717, died July 16, 1775, daughter of Major Isaac and Priscilla ( Baker ) Appleton, of Ipswich, Massachusetts ; married third. February 29, 1776, Abigail Marshall. William Story was deputy-register of the court of vice-admiralty at Boston. Children by first wife: I. Ellen, born May 8, 1742. 2. Elisha, born December 3, 1743; see forward. 3. Eliz- abeth, born September 9, 1745. Children by second wife: 4. William, born March 17, 1747-8. 5. Isaac, born September 9. 1749. died at Marblehead, October 23. 1816, aged sixty-
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seven years ; married, December 19, 1771, Re- becca Bradstreet, of Marblehead ; he was pas- tor of the Unitarian church in Marblehead, and his father-in-law was his predecessor. 6. John, born August 6, 1754. 7. Sarah, born July 28, 1756. 8. Ebenezer, born August 7, 1757. 9. Daniel, died at Marietta, Ohio, December 30, 1804, pastor of church there ; graduate of Dart- mouth College.
(III) Doctor Elisha Story, son of William Story (2), born at Boston, Massachusetts, De- cember 3. 1743, died at Marblehead, Massachu- setts, August 27, 1805, aged sixty-two years; married first (published at Boston, May 14, 1767), Ruth Ruddock, born at Boston, March 5. 1745-6, died at Marblehead, March 21, 1778, aged thirty-two years, daughter of John and Tabitha (Drinker) Ruddock, of Boston ; mar- ried second, November 29, 1778, Mehitable Pedrick, baptized June 4, 1758, died at Boston, 1847, daughter of John and Mehitable (Stacy) Pedrick, of Marblehead. He was a pupil of John Lovell at the Boston Latin School, and later studied medicine. In 1774 he removed to Malden, Massachusetts, with his family, and took an active part in the affairs of the town, and was a member of the committee of corre- spondence there in 1775-1776, and later re- moved with his family to Marblehead. He was a surgeon in Colonel Little's regiment in the Revolutionary War. He was present at the battle of Lexington and at Bunker Hill, was in the campaign around New York and at battles of White Plains and Trenton. Early in his life he had joined the Sons of Liberty, and was one of the members of the Boston Tea Party. He is notable as the father of eighteen children, seven by his first wife, of whom we only find the names of five, and eleven by second wife. Children by first wife: I. John. 2. Tabitha, married November 4. 1792, Nathaniel King Devereux, of Marblehead. 3. Abiel, died De- cember 12, 1820; married, February 2, 1799, Huldah Clough, of Marblehead. 4. Elisha. 5. William, married, August 6, 1797, Betsey Pat- ten, of Marblehead. Children by second wife : 6. Joseph, born September 18, 1779; see for- ward. 7. Isaac, baptized March 2, 1783. 8. Betsey, baptized December 5, 1784; married, January 19, 1808, Captain Joseph White, of Salem. 9. Charlotte, baptized October 19, 1788; married, October 25, 1810, John Forrester, of Salem. 10. Caroline, baptized October 31, 1790. II. Hoace Cullen, baptized November 4, 1792, died at New Orleans, Louisiana, 1823. 12. Franklin Howard, baptized March 22, 1795. 13. Frederick Washington Chatham, baptized
April 5, 1797. 14. Eloisa Adaline, baptized October 20, 1799; married, February 20, 1820, John Tucker Mansfield, of Salem. 15. Hitty, married, June 17, 1804, Captain William Fetty- place, of Marblehead. 16. Harriet, married, August 9, 1808, Captain Stephen White, of Salem.
(IV) Judge Joseph Story, son of Dr. Elisha Story (3), born at Marblehead, Massachusetts, September 18, 1779, died at Cambridge, Massa- chusetts, September 10, 1845; married first, December 9, 1804, Mary Lynde Oliver, born at Marblehead. December 20, 1781, died at Salem, June 22, 1805, daughter of Rev. Thomas Fitch and Sarah (Pynchon) Oliver, of Marblehead ; married second, at Boston, August 28, 1808, Sarah Wetmore, born at Salem, Massachusetts, May 24, 1784, died at Boston, Massachusetts, August 22, 1855, daughter of William and Sarah (Waldo) Wetmore. Children, all by second wife: I. Caroline, born June, 1810, died February 28, 1811. 2. Joseph, born June, 18II, died October 19, 1815. 3. Caroline Wet- more, born April 4, 1813, died April 1, 1819. 4. Mary, born April 9, 1814, died March 28, 1815. 5. Mary Oliver, born March 10, 1817, died April 28, 1848. 6. William Wetmore, born February 19, 1819, died at Vallambrosa, Italy, October 7, 1895 ; married, October 31, 1843, Emelyn Eldridge, of Boston. 7. Louisa, born. May, 1821, died May 10, 1831.
EDWARD AUGUSTUS HOLYOKE.
Dr. Edward Augustus Holyoke, a physician of Salem, was born in Marblehead, August I, (old style, eighteenth century ; new style, Au- gust 12), 1728, and died in Salem, March 31, 1820, in his one hundred and first year. His funeral took place April 4 following, at the North Church, and the Rev. John Brazier de- livered an appropriate and interesting discourse.
He was noted for his various excellencies, as well as for his longevity. His father was a president of Harvard College, and the son was a graduate of that college in 1746. He was a diarist, and preserved in handwriting many interesting things regarding the customs and peculiarities of a very early generation. His record is also valuable as an account of the weather. He recorded the fact that in 1732 "very broad-brimmed hats were worn;" his father had a beaver whose brims were at least seven inches ; they were all cocked triangularly. Pulling them off, by way of salutation, was the invariable fashion of all who had any breeding. In 1748 he notes the fact of a deep snow. In 1738, "square-toed shoes were going
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out of fashion." He began practice in 1749. In 1755 he gives an account of the notable earthquake of November 18. In 1757, he records the event of "very cold weather." He had a case of "spotted fever" in his charge, 1761. In 1768 he records, "Points put up;" referring to early lightning rods. In 1783 he was elected a ruling elder of the North Church. In 1788 he received information from Dr. Priestly about the manufacture of saleratus.
He remembered a temporary monument to Lady Arbella Johnson, who deceased in 1630, which once stood in a later neglected cemetery in Salem. In 1801 he was interested in the new enterprise of building a turnpike. In 1827 President Adams (ex-President John Q. Adams) visited him. In 1828 the centennial of the event of his birth was observed in Salem, on August 13, by about fifty physicians, who had a public dinner in his honor, of which one has said : "Though one hundred years old he appeared among them with a firm step and a cheerful look;" and "the compliment (so intended for him) was richly deserved."
In conclusion it may be remarked that he was the son of President Edward Holyoke, of Harvard College. He was the first person on whom the degree of doctor of medicine was conferred by that college, and he afterwards received the degree of doctor of laws. He was the first president of the Massachusetts Medical Society, among the original members of the American Academy of Arts and Sci- ences, and at one time its president. He was at the time of his death the president of the Salem Athenaeum, the Essex Historical Soci- ety, of the Salem Savings Bank, and of the Salem Dispensary.
He was still so vigorous on his one hundredth birthday that when the morning came he rose, dressed, shaved himself without assistance, and walked to the Essex House, where the dinner was given. He published many medical articles in the reviews of his profession, and scientific papers in the "Memoirs of the Amer- ican Academy of Arts and Sciences." "He possessed great repose of body and spirit, and that balance of powers which usually attends longevity."-(G. B. Loring.)
ANCESTRY .- Edward Holyoke (I), formerly of Tamworth, Warwickshire, England, died at Rumney Marsh, Boston, Massachusetts, May 4, 1660; married June 18, 1612, Prudence Stockton, daughter of Rev. John Stockton, rector of Kinkolt, in Leicestershire, England. Children : I. Elizabeth, married George Kezar, of Salem, Massachusetts. 2. Anne, married
October 17, 1643, Thomas Putnam, of Salem, Massachusetts. 3. John, died in England, March 5, 1635-6, unmarried. 4. Elizur ; see forward. 5. Sarah, married Andres, of Salem, Massachusetts. 6. Mary, married February IO, 1646, John Tuttle, of Rumney Marsh, Bos- ton, Massachusetts. 7. Susanna, married
Martyn. 8. Edward, died in England, December 20, 1631, aged thirteen years.
(II) Captain Elizur Holyoke, son of Ed- ward Holyoke (I), born at Tamworth, War- wickshire, England, died at Springfield, Mass- achusetts, February 6, 1676 ; married first, No- vember 20, 1640, Mary Pynchon, died October 20, 1657, daughter of William Pynchon, of Roxbury and Springfield, Massachusetts ; mar- ried second, 1658, Mrs. Editha (Stebbins- Day) Maynard, of Hartford, Connecticut. He was one of the most distinguished inhabitants of Springfield, whence he removed from Lynn ; recorder of all the courts of the new county of Hampshire, captain of the military company, member of the general court, and the one from whom Mount Holyoke, on the north of Springfield, was named. Children: I. John, born August 27, 1641, died October 8, 1641. 2. John, born September 5, 1642, died February 6, 1711-12, unmarried. 3. Hannah, born June 9, 1644, died February 1, 1677 ; married Sam- uel Talcott, of Weathersfield, Connecticut. 4. Child, born May 21, 1646, died same day. 5. Samuel, born June 9, 1647, died October 31, 1676. 6. Edward, born August 8, 1649, died June 16, 1708. 7. Elizur, born October 13, 1651 ; see forward. 8. Mary, born November 14, 1656, died January 14, 1678 ; married Feb- ruary 5, 1676-7, James Russell, Esq., of Charlestown, Massachusetts.
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