Nathan Dane | |
|---|---|
 | |
| Member of theMassachusetts Senate | |
| In office 1790 – 1791 1794 – 1797 | |
| Delegate from Massachusetts to theCongress of the Confederation | |
| In office 1785 – 1788 | |
| Member of theMassachusetts House of Representatives from Beverly | |
| In office 1782 – 1785 | |
| Personal details | |
| Born | (1752-12-29)December 29, 1752 Ipswich,Massachusetts |
| Died | February 15, 1835(1835-02-15) (aged 82) Beverly, Massachusetts |
| Resting place | Central Cemetery, Beverly |
| Spouse | Mary Brown |
| Children | 0 |
| Residence(s) | Corner of Federal and Cabot streets, Beverly[1] |
| Alma mater | Harvard College |
| Profession | Lawyer,Statesman |
Nathan Dane (December 29, 1752 – February 15, 1835) was an American lawyer and statesman who representedMassachusetts in theContinental Congress from 1785 through 1788. Dane helped formulate theNorthwest Ordinance while in Congress, and introduced an amendment to the ordinance prohibiting slavery in theNorthwest Territory.
During his career, he served in both theMassachusetts House of Representatives and theMassachusetts Senate. He also wrote a multi-volume treatise that covered the entire subject of American law, which enabled him to help fund the development ofHarvard Law School.
Dane was born atIpswich inEssex County, Massachusetts. His father Daniel Dane was a farmer, and his mother's name was Abigail. Ancestor John Dane Sr. had immigrated to Massachusetts fromEngland (notDenmark) in 1636.[2]
Dane worked on the family farm in Ipswich until he turned twenty. Moving on to college atHarvard, his major interest was in mathematics, and he graduated in 1778. Then he taught school and read for the law.[3] In 1779 he married Mary Brown (they would have no children).[4]
Dane wasadmitted to the bar and set up a legal practice inBeverly in 1782. That same year, he entered elective office in theMassachusetts House of Representatives, where he served until 1785. Dane's hearing was poor throughout his career, and steadily got worse.[3]
In 1785, Dane became a Massachusetts delegate to theContinental Congress, where he helped draft theNorthwest Ordinance, which was enacted on July 13, 1787. The Ordinance encouraged American settlers into theNorthwest Territory and formed the basis of the constitutions of the five states there:Ohio,Indiana,Illinois,Michigan andWisconsin. The Ordinance also banned slavery in the Northwest Territory. Dane's amendment banning slavery was offered at the last minute, and was quickly accepted without much discussion, to the surprise of Dane himself, who "had no idea the States would agree to the sixth article, prohibiting slavery...."[5]
In February 1787, Dane proposed a resolution authorizing thePhiladelphia Convention to amend theArticles of Confederation, and that resolution was adopted.[3][6] Out of that Philadelphia Convention came the proposedUnited States Constitution. But Dane had reservations about supporting its ratification. In July 1788, he finally wrote a pivotal letter of support toMelancton Smith of New York. Dane said that he feared violence and social upheaval if the Constitution were not ratified, and he supported ratification with the understanding that there would be later amendments, which eventually came to be known as theUnited States Bill of Rights.[4][7]
Dane was an unsuccessful candidate for theUnited States Senate in 1788 and 1790.[8][9][10] He was later elected to theMassachusetts State Senate from 1790 to 1791 and again from 1794 to 1797. In 1794 he served on a commission that reviewed and codified thelaws of Massachusetts.
Later, while practicing law, he remained an active reformer, on behalf of vocational education and humane treatment of prisoners. He also helped establish theAmerican Temperance Society to discourage use and abuse of alcoholic beverages.[3]
He was a member of theFederalist Party and itsEssex Junto.[11] The Massachusetts legislature appointed him as a delegate to theHartford Convention during theWar of 1812, which damaged his reputation, although Dane saw himself as a voice of moderation at the Convention and maintained that he did not have any secessionist intentions: "Someone must go to prevent mischief," he said.[3]
Dane was elected a member of theAmerican Antiquarian Society in 1816.[12]
By 1820, Dane was almost totally deaf, but he continued working long hours in his library, writing two major legal treatises. The first of these was published in 1823, titledA General Abridgement and Digest of American Law. Its eight volumes were supplemented by a ninth in 1829.[3] TheAbridgment was very successful,[13] and was the "first systematic treatise covering the entire field of American law."[14] It became a standard work, and every lawyer of distinction bought a copy.[15]
Dane used the substantial proceeds from theAbridgement to provide anendowment for a law school atHarvard University, specifying that the first Dane Professorship of Law would go to his old friendJoseph Story. For a while,Harvard Law School was called "Dane Law School."[16]
On account of theAbridgement and his generosity to the law school at Harvard, together with his co-authorship of the Northwest Ordinance, Dane has been called the "Father of American Jurisprudence."[17] TheAbridgment was often cited in later years; for example, when abolitionistWendell Phillips argued against abolitionistLysander Spooner's notion that judges have an obligation to disregard any law that the judges deem wrong, Philips cited[18] the following legal maxim in which Dane assigned that obligation to legislators instead of judges:
Municipal or civil law ... is the rule of municipal or civil conduct, prescribed by the superior power in the state commanding what the legislature deems right, and prohibiting what it deems wrong.[19]
Dane's other treatise was titled aMoral and Political Survey of America. It has been described as "arguably the first broad-based national history from English and Spanish colonization through the War of Independence".[3]
Dane died at home in Beverly and was buried in the Central Cemetery there. Dane Street in Beverly borders the cemetery.Dane County, Wisconsin, which was formed in 1836, was named in his honor. Within Dane County, there is aTown of Dane, and within the Town of Dane is a village calledDane, Wisconsin.
In 2015Massachusetts GovernorCharlie Baker and Beverly MayorMichael P. Cahill, in accordance with the anniversary of the passage of the Northwest Ordinance of 1787, declared July 13–19 "Nathan Dane Week" in the state of Massachusetts and the City ofBeverly, Massachusetts.[1] The effort was spearheaded by Lance Daly, founder of the Beverly Heritage Project, "whose coordinated effort resulted in official proclamations from five state governors, eight historical societies from six states and a smattering of representatives calling for their states to honor Nathan Dane's impact on history."[20] In honor of "Nathan Dane Week," Indiana GovernorMike Pence issued a proclamation making Dane an honoraryHoosier.
General Abridgement and Digest of American Law, with Occasional Notes and Comments:
Volume 1 (1824) viaGoogle Books
Volume 2 (1824) viaGoogle Books
Volume 3 (1824) viaGoogle Books
Volume 4 (1824) viaGoogle Books
Volume 5 (1824) viaGoogle Books
Volume 6 (1824) viaGoogle Books
Volume 7 (1824) viaGoogle Books
Volume 8 (1824) viaGoogle Books
Volume 9 (1829) viaGoogle Books
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