Student Research

Nathan Dane and his Involvement in the Massachusetts Temperance Society

Author: Matthew Bray

The Massachusetts Temperance Society held its first meeting in 1813. It was the first documented organization of its kind in the United States. In the beginning, the Massachusetts Temperance Society was the Massachusetts Society for the Suppression of Intemperance .[1]

The origin of the Massachusetts Society for the Suppression of Intemperance (M.S.S.I.) had a very religious background. In 1811 the General Association of Congregational churches created a committee on intemperance. The next year, with a request from the committee, a temperance society was established.[2][3] The first meeting was held in Boston in February, 1813. When the M.S.S.I. drafted their mission statement, not only were they against drinking but also opposed to profanity and breaking Sabbath. The M.S.S.I. was not an abstinence society, they suggested if you drank, do it in moderation.

The M.S.S.I. was an elite group with members ranging in the hundreds at the most. To be a member of the society you had to be voted in, a person could not join, you had to be nominated and selected by the existing members. The M.S.S.I. had very prominent figures in its existence; one of the original members was Nathan Dane. Nathan Dane believed in complete temperance, even though the M.S.S.I. did not always preach that line of belief. Unlike other members Nathan Dane did not have to be voted-in, because he was one of the founding members. Dane, along with Moses Brown, Joshua Fisher, Robert Rantoul, Nathaniel Goodwin and Abiel Abbot were all founding members from Beverly.[4]

Dane served in some capacity in the M.S.S.I. for sixteen years, from 1813 to 1832. Nathan Dane always held a chair on the committee, as either a councilor or as vice president. He was even President from 1818 till 1821 (see Figure 2).[5] daneaspresident At the first meeting of the M.S.S.I. in 1813, Dane was elected to be one of the original councilors of the society.

During his time at the M.S.S.I., Dane had seen at least five revisions of the societies constitution. (see version 1 & version 2 ) The constitution changed with the way people were feeling when it came time to vote. Nathan Dane always attended the annual meeting. In his sixteen years with all the other important events in his life he never failed to pay his two-dollar annual dues by way of never missing a meeting. In the year before Dane was elected President, he was the acting president for the absentee head of the society.[6]

The M.S.S.I. was not formed to reach large masses of people; it was an elitist club. Most of the members were either Unitarian or orthodox Congregationalists. Most members were part of the Federalist Party. Some of Massachusetts s high-ranking officials were members, such as a state Supreme Court chief Justice. At the time the Governor was also a member. The M.S.S.I. also had members of a Federalist president s cabinet.[7]

The M.S.S.I. also had off shoots or auxiliary societies in most of the surrounding cites. Dane was president when most of the auxiliary societies were formed. Therefore, Dane had to approve of the society and pay out small grants to start the society. These offspring were more geared toward the common man rather than the elite of The M.S.S.I.

The way the meetings of the M.S.S.I. and its off shoots were conducted was written in their constitution. It was written by founding members and was altered when it seemed prudent to do so. The constitution explained how every man should conduct himself as a member of the society and how every meeting should be held.[8] At these meetings, members would vote on things like,

Voted- To proceed to the choice of officers upon counting the vote
Hon. Nathan Dane -President Doctor Porter and Judge Haven -Vice Presidents [9]

While Dane was councilor in 1814, a statement came to the attention of the M.S.S.I. on how to contain intemperance. The idea was not to provide liquor for employees during lunch, which was the custom at the time. A quote from the speech given:

A friendly concert of merchants, sea captains, and warfingers of respectable machanicks and manafactures; bin a word of all hirers of labor, not to furnish ardent spirits to their labourers.[10]

This idea was widely addressed and some places made it a law in their community.

In two different time periods in which Dane was holding a chair in the society, ideas were offered at the annual meeting on explaining how to retake a drunkards intemperate life. In 1815 the thought to start a program to help a drunk was started. It was suggested by Abiel Abbot that,

the inebriate be treated with respectful tenderness; forbearing contemptuous reproches sarcastic reviling. At prudent seasons let them be apprized of their dangers; persuaded from the company and occasions of special temptation; reasoned out of their false pleas; fortified with arguments.[11]

The only problem with the idea was that people were willing to talk about helping others, but the people were apprehensive about physically helping the drunkard. Not many people took to that idea.

In 1825, a suggestion of total abstinence was made. This was the belief that Dane felt most strongly about. The theory was that if no one could drink then more people would work and in turn productivity and quality would increase greatly in the workplace. Nathan Dane was not President of the society at the time so he could not influence the vote as much as he wanted to. The problem with that suggestion was that too many members of the M.S.S.I. were moderate drinkers instead of abstinence and they believed that was too much freedom to give up. Therefore the members would agree with the movement but not follow through with the aforementioned proposition.[12]

Nathan Dane was a very important and influential man in the M.S.S.I. In his final year as President, Dane stepped down because he felt he could not carry out his duties as best he could. As said in his resignation announcement,

A letter was communicated by the recording secretary from the Hon. N. Dane, In which he resigned his office of President of the society, in consequence of the increasing deafness [13]

The next Item of the meeting was unanimously voted on, the vote read as,

Voted. That the thanks of this society be presented to our worthy president, for his indefaticable and valuable services for many years, as President of this society. [14]

After that was voted on the meeting adjourned for an hour to thank and congratulate Mr. Dane.

In his last motion in the M.S.S.I. Dane proposed to alter the constitution. He wanted to adjust the number of meetings the council could call to two meetings per year. The motion was voted on and passed unopposed.[15]

Nathan Dane changed the M.S.S.I. in his sixteen-year membership. Even though little is written about him in the history books whit his involvements in this society. It is assumed the only reason he left the society in 1832, which is the time when his name stops appearing on documents, was because he was completely deaf. Unfortunately he died three years later. His contributions were valuable to the temperance movements in Massachusetts and to the Massachusetts Temperance Society. If it were not for Nathan Dane the society would not have been the long lasting pillar of temperance it ended up being.

The Massachusetts Society for the Suppression of Intemperance was an enduring society, well past the 1900 s. They ended up being a strong driving force for prohibition. Until the day they closed for good, the Massachusetts Temperance Society held the same integrity it had when its doors first opened.

References

Hampel, Robert L.Temperance and Prohibition in Massachusetts 1813-1852. Michigan: UMI research Press, 1982

Minute taker. 1818. The Minutes and Motions of the Massachusetts Society for the Suppression of Intemperance p. 1-50. Massachusetts Historical Society.

Abiel Abbot. 1815. An Address Delivered before the Massachusetts Society for the Suppression of Intemperance. June. Massachusetts Historical Society.

[1] Robert L. Hampel. Temperance and Prohibition in Massachusetts 1813-1852 Michigan: UMI research Press, 1982, 11.

[2] Hampel,13

[3] Hampel,13

[4] Minute taker. 1813. The Minutes and Motions of the Massachusetts Society for the Suppression of Intemperance. Massachusetts Historical Society.

[5] Minute taker. 1813. The Minutes and Motions of the Massachusetts Society for the Suppression of Intemperance. Massachusetts Historical Society.

[6] Minute taker. 1818. The Minutes and Motions of the Massachusetts Society for the Suppression of Intemperance. Massachusetts Historical Society.

[7] Hampel, 13

[8] Minute taker. 1818. The Minutes and Motions of the Massachusetts Society for the Suppression of Intemperance. Massachusetts Historical Society.

[9] Minute taker. 1818. The Minutes and Motions of the Massachusetts Society for the Suppression of Intemperance. Massachusetts Historical Society.

[10] Hampe, 18

[11] Minute taker. 1818. The Minutes and Motions of the Massachusetts Society for the Suppression of Intemperance. Massachusetts Historical Society.

[12] Hampel, 18

[13] Minute taker. 1821. The Minutes and Motions of the Massachusetts Society for the Suppression of Intemperance. Massachusetts Historical Society.

[14] Minute taker. 1821. The Minutes and Motions of the Massachusetts Society for the Suppression of Intemperance. Massachusetts Historical Society.

[15] Minute taker. 1821. The Minutes and Motions of the Massachusetts Society for the Suppression of Intemperance. Massachusetts Historical Society.

Nathan Dane’s “American Law”

Author: Rebecca Engle

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In early American Law, one document stands out as the first and most widely used piece of literature when one is referring to legal issues. That document is a book, (which eventually became a series of nine volumes) by Nathan Dane. Through his collection of books, titled A General Abridgment and Digest of American Law with Occasional Notes and Comments, Dane attempted to accomplish what no other American author of law had done before: to write a collection that could be used as a reference to any legal situation imaginable.

Nathan Dane, a Beverly, Massachusetts Lawyer, was born in 1752 and lived until 1835. Throughout his life, he was involved in many important historical happenings, including the Northwest Ordinance, the Hartford Convention, and even a temperance society. Dane was very much involved in American politics and he held office in several different political positions. However, sometime around the year 1815, Dane began to be absent from important conventions and meetings. This absence was a result of his hearing loss, which eventually became complete deafness. Rather than giving in to his old age and deteriorating health like most men might have done, Dane rose above his disability and made use of his newly found free time. During the years of 1815 and 1830, Dane researched, wrote, and revised his nine volume series on American Law.[1]

Dane’s contribution of his Digest to American law was very significant for several different reasons. First of all, as mentioned, no other book like it had been written for American Law, so its existence was crucial to lawyers, law professors, and law students across America. Also significant is the fact that all of the profits Dane earned from the sale of his books ended up being donated to Harvard in order to build up a strong Law School. The most influential significance of Dane’s series on American Law however, is the fact that all of his efforts in writing down American Law were ultimately geared towards nationalizing law.[2]

In Dane’s own Prospectus or concise view of his book, he explains how his writings will be useful to those who read them. Dane believed it would use about eight volumes (in reality, nine) to contain all the information he was prepared to share. Dane also believed his work would be most useful to students, primarily those studying law. Dane’s book’s objective was to combine all of America’s laws, including the Magna Carta and the Colonies’ initial statutes of law, and provide a ground work to which all legal cases could refer. Furthermore, Dane’s book would contain actual judicial decisions made in the highest courts as examples of how law should be practiced.[3]

Dane realized that different laws applied to different States, therefore he chose Massachusetts (which still included the land that would become the state of Maine in 1820) to be the state represented in his book of law so that he would not have to list every single discrepancy between all the different Sates.[4] By using just Massachusetts as the example, he would be able to look deeply into its laws and use them as the model. Also, since Massachusetts was one of the first organized colonies, it already set up somewhat of a model for all other states’ laws to follow. By using such specific laws as examples in his book, Dane wished to help even other states follow suit, thus nationalizing one uniform law.

Dane believed the forming of his general abridgment to American law was crucial in order to create a better knowledge of American law and prompt a more serious study of it. To create the most simple form for studying law critically, Dane arranged the books in specific orders, making sure ideas of law were somewhat connected so the reader would not be confused. He described one of the books as being broken down into twenty-eight divisions, 228 chapters, and being all in alphabetical order.[5] Dane’s favor was obviously with the readers of his abridgment; he specified what each article would be about before it began so that the reader could choose what to spend time on studying. Even in his Prospectus, he lists every single division and its content. Dane, apparently, was a very organized individual. Not only did Dane want to make his books easy to study, he wanted them to be easily attainable as well. As seen in his own handwritten receipts for his books, he charged about $5.50 for each volume. If one could not afford that, Dane accepted the price’s equivalent in sheep or boards. Another example of Dane’s generosity is apparent through the correspondence he kept with a man from Indiana, Mr. John Farnham. Farnham had been involved in the Northwest Ordinance with Dane, and was also involved with Indiana’s Historical Society. Sometime during this correspondence, which occurred between the years of 1830 and 1831, Dane offered Farnham a complete collection of his nine volumes of American Law.[6] Yet another document, a letter, shows that Dane was not reserved in giving away copies of his book. The letter is from a man thanking Dane for sending him a collection of the Digests, to which his “most respectful acknowledgment.” What’s significant is the signature on this letter: it belongs to John Quincy Adams!

One of Dane’s other close friends and a fellow lawyer, Judge Joseph Story, wrote at the end of Dane’s Prospectus a sort of summary of Dane’s achievements and credibility. Story says Dane was known to study for fourteen hours out of every day without becoming prone to weariness.[7] He notes that as early as 1782, Dane was aware that America’s law had not been properly recorded in print since the early Colonial days and was in a very chaotic state. Dane’s answer to this problem was to select portions of the English law, incorporate them with America’s constitutions, statutes, and judicial laws, and turn them into a ground work of American law to be used by anyone to whom it was made available. After Dane accomplished that much, his new goal was to continue doing that with all the newly added laws until a whole system was available.

Dane’s work truly did become a very valuable and necessary piece of literature to lawyers and students in his time and long after; a legacy to law in a way. It was the first book of its type to be written at that point, and was of great importance to the law of America. Not only was his book important, but was also well-received by the general public. Many documents still exist that prove how many of his books were sent out to be sold in different stores around the nation (See document 1 & document 2 ). Even at the rate of $5.00 or so per book, Dane was able to successfully sell enough copies of the book to donate a good $10,000 of the profits to Harvard Law School. He did not just leave it at that either. In order to make sure his money would be put to good use at the school, Dane provided a list of specifications that Harvard would have to meet in order for them to receive the money. Dane wanted Joseph Story to be the first incumbent at the Harvard Law School to make use of the money, but wanted to be sure that “he and successive professors would publish works on the law…”[8]

Dane’s book was not only a first in its field, it was also generally an outstanding book which was impeccably organized and was easy for people to purchase. The way he blended the writing styles of a commentary and an abridgment and created a textbook format for the two was unheard of, but greatly appreciated.[9] Nathan Dane truly changed the way American Law was written, read, and studied. This man should not be hidden amongst other nameless men and women in American History. His accomplishments and involvement in important historical occurrences alone should have made him renowned throughout the years. However, since that did not seem to be enough yet, perhaps the inscription on his grave, a final tribute from his friend Joseph Story will be a good reminder: “His fame belongs to his country; Let the gratitude of future ages cherish it.”[10]

References

Dane, Nathan. Prospectus, or Concise View of a General Abridgment and Digest
of American Law with Occasional Noted and Comments. Boston: 1822. Found at the Massachusetts Historical Society, Boston, MA.

Dane, Nathan. Various Papers and Receipts. Found at the Massachusetts
Historical Society, Boston, MA.

Johnson, Andrew J. The Life and Constitutional Thought of Nathan Dane.
New York: Garland Publishing, 1987.

Stone, Edwin M. History of Beverly, Civil and Ecclesiastical, From its Settlement in 1630 to 1842. Boston: James Munroe and Company, 1843.

Various Documents: Letters, professional papers, and personal papers all found at the Massachusetts Historical Society in Nathan Dane’s Papers, Boston, Massachusetts.

[1] Andrew J. Johnson, The Life and Constitutional Thought of Nathan Dane (New York: Garland Publishing, 1987) 2.

[2] Ibid.

[3] Nathan Dane, Prospectus or Concise View Of a General Abridgment and Digest of American Law, with occasional Notes and Comments (Boston, Massachusetts: 1822, Available at the Massachusetts Historical Society, Boston, Massachusetts) 1-16.

[4] Ibid., 2-3.

[5] Ibid., 6.

[6] Letters between Nathan Dane and John Farnham, (1830-1831, Available at the Massachusetts Historical Society, Boston, Massachusetts)

[7] Nathan Dane, Prospectus or Concise View Of a General Abridgment and Digest of American Law, with occasional Notes and Comments (Boston, Massachusetts: 1822, Available at the Massachusetts Historical Society, Boston, Massachusetts) 13-16. (Addendum to Dane’s Prospectus, by Judge Joseph Story, Salem, Massachusetts, May, 1821)

[8] Johnson, 11.

[9] Ibid., 9-10.

[10] Johnson, 12. (Joseph Story’s inscription on Dane’s gravestone, found on an undated document in Dane’s files at the Beverly Historical Society, Beverly, Massachusetts)

Nathan Dane and his Influence on Manasseh Cutler and the Settlement of Marietta, Ohio

Author: Gendall, Lindsey

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Over the many years of our country’s existence, the years of 1787 and 1788 stand out in that they were marked by many political and social achievements that forever changed the way in which our country runs today. These were the years in which the Northwest Ordinance of 1787 and the settlement of Marietta Ohio occurred. These monumental achievements would have never come about if it weren’t for the influence that the political leaders had on one another at the time. Two figures that played major roles in the drafting of the Ordinance and the settlement of the Northwest Territories were Nathaniel Dane and Manasseh Cutler. These two men had a working relationship that amounted to political and social success; a success which would in turn permanently affect the settlement and government of our country.

On July 13, 1787, the Congress of the old confederation passed an ordinance for the government of the territory northwest of the Ohio River, which is now considered in history as the “Ordinance of 1787.” This territory included what are now the states of Ohio, Illinois, Michigan, and Wisconsin. On August 7, 1789 Congress adapted the Ordinance of 1787 to the Federal Constitution.[1] The Ordinance itself contained the most notable instance of legislation ever enacted by the Congress. It forever fixed the immigration as well as the educational institutions of the people who were to later inhabit the territory. It also forever prohibited slavery and involuntary servitude.[2]

However, at the end of the Revolutionary war, the country became financially exhausted. A plan was needed in order to regain financial security within the government. This is where the Ohio Company came into existence. The leading officers of the late army of the eastern part of Massachusetts decided to form a company which would purchase land from the government for the settlement of citizens.[3] On March 1, 1786 the first meeting of the Ohio Company was held at the Bunch-of-Grapes Tavern in Boston. After the company had been formed, they met once again on March 8, 1787, this time instructing Manasseh Cutler to proceed to New York to negotiate for the purchase of the land of the Northwest Territories from Congress.

As Cutler became involved with the issues of Congress, at first he found that his decisions and actions were greatly influenced by the Southern members of Congress, because of his need for their votes. At the time there was a feeling in Congress that New England did not favor the settlement of the west. This in turn caused any members with western interests to look toward the south rather than the east for support.[4] Therefore, Cutler held himself somewhat distanced from his New England associates in order to further his western project and to create friendships with the Southern members. Soon however, other northern members would have a greater influence on Cutler, one of the most prominent being Nathaniel Dane, the representative of the Essex District of Massachusetts. Dane was the delegate solely responsible for the drafting of the Northwest Ordinance of 1787.[5] Even though the basic ideas and principals behind the Ordinance’s earlier version were a combined effort of many men, the final version was the work of Dane himself. Dane was also responsible for introducing the provision that prohibited slavery or involuntary servitude in the territory that was covered by the document. He was also influential in favoring the use of civilian over military authority in the Northwest Territory.[6] Even though he did not realize it at the time, Dane would soon have a great influence on Cutler’s plans for settling the west.

Instead of relying on Dane for making the acquaintance of the other members of Congress, Cutler went ahead with the issues concerning the Ohio Company. His was the first proposal made for the purchase of the public lands. If his proposal concerning the purchase of land failed, others were sure to fail as well, he said. Cutler’s statement and bold actions made a deep impression upon the Southern members of Congress, which were who he needed for support. Soon they promised him their votes.[7] Other members of Congress began coming forth with their proposals for the purchase of land. However, soon they realized that Cutler had more of an influence on the rest of Congress than they did, so they secretly put Cutler in charge of their proposals. Cutler was able to purchase five and a half million acres, even though only a million and a half were needed for the Ohio Company.[8] It was during this time that the Ordinance of 1787 of the Northwestern Territory was drawn and passed.

It was Cutler who represented the Massachusetts men who had abolished slavery in their Constitution of 1780.[9] Cutler was also among the men who established public schools for the general public, and framed the most advanced code of laws concerning the rights of men, and civil policy.

On the other hand, the Massachusetts members with the exception of Cutler and Dane never seemed to take any active interest in creating any sort of plan for the settlement of the Northwest Territory. They viewed the settlement as a negative draw away from the capital of their own state. Massachusetts itself owned an immense amount of unoccupied territory in the Province of Maine (Maine being part of their own jurisdiction). Cutler brought up this fact many times with Congress, “threatening, in case they did not give him the terms he desired that the company would buy lands of Massachusetts.”[10] The Massachusetts members had trouble openly opposing the Western movement since it was so popular with all of their peers.

Dane on the other hand, realized the importance of a settlement in the west in the same way that Cutler did. In order to attract settlers to the area, Dane fought for prohibiting slavery and involuntary servitude as well as ensuring that educational institutions would be set up in the new area.[11] Dane’s proposals were accepted and would soon have a great impact on the settlement and purchase of the territory.

Dane’s authorship of the Ordinance of 1787 became extremely influential in the Ohio purchase. The Ordinance of 1787 and the Ohio purchase were one part in the same transaction that occurred. Without Dane’s Ordinance of 1787, the Ohio purchase would have never occurred. Likewise, the Ordinance itself could never have been enacted without the essential purchase that was to take place.

On October 27, 1787 the contact for the Ohio land purchase was formally signed by the Treasury Board and by Cutler as an agent of the Ohio Company. With the help of the Ordinance of 1787, the company was able to obtain a grant of 5,000,000 acres of land, which would amount to $3,500,000 dollars.[12] In the spring of 1788, the first settlers including carpenters, farmers, laborers, and boat-builders left for the new territory. On April 7th, the first settlement was established near the present city of Marietta, Ohio. On October 5, 1787 Congress elected Arthur St. Clair as the Governor of the new territory. Never before had the settlement of a new territory been so successful. George Washington described the settlement as, “No colony in America was ever settled under such favorable circumstances. Information, property and strength will be its characteristics.”[13]

Indeed, the settlement of Marietta Ohio and the Northwest Territory proved to be a monumental success in our nation’s past. Both Cutler and Dane were instrumental in its undertaking. Dane as the author of the Ordinance of 1787 had a great influence on the end result of the settlement as well as the process that took place during its purchase. Many times Cutler had to rely on Dane for his influence in favor of the company.

Further evidence of Dane’s influence on Cutler and the settlement of Marietta Ohio can be proven through the many re-enactments and celebrations that honor the original pioneer trek that took place in 1787. Every fifty years since the original trek in 1787, the event has been honored and remembered. Descendents of the original pioneers as well as other family members and friends have retraced the original path that Manasseh Cutler and his followers took on December 3, 1787 by walking the entire seven hundred and fifty-one miles.[14] The re-enactments have been occurring from 1837 up until the most recent in 1987 . (see also map )

As the years have proven, the settlement that gathered near what is now the city of Marietta Ohio has grown into one of the most populated regions in our country. Without Dane’s Ordinance of 1787 and his influence on Cutler and the Ohio Company, our nation would have never experienced the growth and prosperity that it has seen throughout the ages.

In conclusion, Nathan Dane greatly influenced Manasseh Cutler and his pursuit of a settlement in Marietta Ohio. Both men shared similar ambitions and principals which caused them to become interested in the same goals. Over the years their work inspired great changes that resulted in the formation of a new and very different country.

References

Brown, Robert Elliot. Manasseh Cutler and the Settlement of Ohio. Marietta. The
Marietta College Press, 1938.

Cutler, William and Julia Cutler. The Life of Rev. Manasseh Cutler. LL.D. Cincinatti:
Robert Clarke & Co. 1888.

Poole, William Frederick. The Ordinance of 1787 and Dr. Manasseh Cutler.
Cambridge: Welch, Bigelow, and Company University Press, 1876.

White, Haffield. Diary of 1787. December 3, 1787.

Wilson, James Grant. “Cutler, Manasseh” in Appleton’s Cyclopedia of American
Biography, vol. II.

[1] William Frederick Poole, Ordinance of 1787, and Dr. Manasseh Cutler (Cambridge:Welch, Bigelow, and company University Press, 1876) 2.

[2] Ibid, 21.

[3] James Grant Wilson, “Cutler, Manasseh,” in Appleton’s Cyclopedia of American Biography, vol. II

[4] Poole, 24.

[5] Robert Elliot Brown, Manasseh Cutler and the Settlement of Ohio 1788 (Marietta: The Marietta College Press, 1938), 14.

[6] Poole, 30.

[7] Ibid, 32.

[8] Ibid, 34.

[9] William Parker Cutler and Julia Perkins Cutler, Life of Rev. Manasseh Cutler LL.D. (Cincinati: Robert Clarke & Co. 1888)., 186.

[10] Ibid , 201.

[11] Poole, 32.

[12] Brown, 16.

[13]. Ibid, 21.

[14] “Historical Society plans bicentennial fete,” Hamilton-Wenham Chronicle. (May 27, 1987) Hamilton, Mass: 1987. p. 10.

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