OLIN F 61 .M412 1882a Digitized by Microsoft® Digitized by Microsoft® CORNELL UNIVERSITY LIBRARY 3 1924 079 596 619 Production Note Cornell University Library produced this volume to preserve the informational content of the deteriorated original. The best available copy of the original has been used to create this digital copy. It was scanned bitonally at 600 dots per inch resolution and compressed prior to storage using ITU Group 4 compression. Conversion of this material to digital files was supported by the Andrew W. Mellon Foundation. Digital file copyright by Cornell University Library 1995. This volume has been scanned as part of The Making of America Project, a cooperative endeavor undertaken to preserve and enhance access to historical material from the nineteenth century. The digital data were used to create Cornell's replacement volume on paper thot meets ANSIStondardZ39.48-1992. Digitized by Microsoft® This book was digitized by Microsoft Corporation in cooperation witli Cornell University Libraries, 2007. You may use and print this copy in limited quantity for your personal purposes, but may not distribute or provide access to it (or modified or partial versions of it) for revenue-generating or other commercial purposes. Digitized by Microsoft® THE ACT OF INCORPORATION, WITH THE ADDITIONAL ACTS BY-LAWS MASSACHUSETTS HISTORICAL SOCIETY; WITH A LIST OF OFFICERS AND RESIDENT MEMBERS. BOSTON : PRINTED FOR THE SOCIETY. 1882. Digitized by Microsoft® Slassntfeusttts listoriral SDtutg. The following By-Laws were revised and adopted by the Sc^riety, at the monthly meeting in December, 1881. The Officers were elected April. 1881. Attest: GEORGE DEXTER, Rtcarding Seenlarg. Boston, Dec 21, 1881. Uhivkrsity Phkss: Joan Wilson and Son, Oahbbidob. Digitized by Microsoft® THE ACT OF INCORPORATION, WITH THE ADDITIONAL ACTS AND BY-LAWS OF THE MASSACHUSETTS HISTORICAL SOCIETY; WITH A LIST OF OFFICERS AND RESIDENT MEMBERS. Digitized by Microsoft® Digitized by Microsoft® OFFICERS OF THE MASSACHUSETTS HISTORICAL SOCIETY. Elected April 8, 1881. Hon. ROBERT C. WINTHROP, LL.D Boston. Qut-^rcnlxnta. Rev. GEORGE E. ELLIS, D.D Boston. CHARLES DEANE, LL.D Cambridge. $tcorbtng Secrttars. GEORGE DEXTER, A.M Cambridge. Aomsponbhtg StaetBi;. JUSTIN WINSOR, A.B Cambridge. Sieasnrer. CHARLES C. SMITH, Esq Boston. ITibTBrhiiT. SAMUEL A. GREEN, M.D Boston. FITCH EDWARD OLIVER, M.D Boston. dtuntibt fiommititt of t\jt (tonnril. DELANO A. GODDARD, A.M Boston. GEORGE B. CHASE, A.M Boston. HENRY CABOT LODGE, Ph.D Nahant. Rev. PHILLIPS BROOKS, D.D Boston. HENRY W. HAYNES, A.M Boston. Digitized by Microsoft® II i: S I D E N T M E M B E K S. AT TIIK DATK OP THE PRINTIVO OF Tlim HOOK IK Tilt OHUK" •»' THKIR LL*< TiOX. Hon. RoLert r Wintliro]., I.L.I). Hon. Oharles Francis .\Hani«, LL I) Rev. George E. Ellis, D.l). Hon. Peleg \V. ChanJIpi , LI, D. Rev. George W. Blagden, D.l). Rev. Lucius R. Paige, D.l). Rev. Chandler Robbins, D.D. John Langdon Sibley, .\.M. Hen 17 Wheatland, M.D. Charles Deane, LL.D. Francis I'arkman, LL.B. Ellis Ames, A.B. Rev. .SuMiml K. lyothiop, D.D. Oliver Wcndrll Holmra, LL.D. Henry W. Lr.nc^f,.ll,,w. LL.D. Hon. St<'iili.-ii Siilisl.iiiy. 1,?,.D. Henry Austin Whitney, .\ M. Rev. William S. Biiitl.t, A.M. Leverett S:iUiinst;ill, A M. Hon. Richard H. l)uii;i, LL.D. Henry W. Torrey, 1,1,. D. Williams Latham, A.B. Rev. Roberto. Watorst^m, A.M. Thomas C. Amory, .\.M. Hon. Samuel A. Ororn, M.D. Hon. James M. Robbins. Charles Eliot Norton, A.M. Hon. John .1. Babson. Robert Bennett Forbes, Esij. Rev. Edwanl K Hale. D Rev. Andrew P. |V.il--lv. LL.D Hiiii. Horace Gray, LL.D. I Amos .\. Lawrence, A.M. Rev. EdwanK A. Park. D D. I Hon Francis E. Parker. LL.B. ' William H. Whitmore. A.M. j Hon. James Uiuvsell Ixiwell. LL.D. I Rev. N'ichotas Hoppin, D.D. N'atlianiol Thayer. A.M. ' Hon. William C. Eudicott, A B. ■ Hon Eben. Rock wood ^Hoor. LL.D. Josinh P. CJuincy. A..M. S.imuel Kliot. LL.D. Ilenrj' (.'<. Denny. A.M. ( harles C. .-^mith. E,v\. IIi>n. Ceorge S. Hale. A.B. William .'^. .Vpi^l.-ton, A M. ! Rev. Henry M Dexter, D.D. I Theodore Lyman, S B. Aimer C. (mhmI.II. A.M. I William .Vmory, A.M K'lward D. Hanis. Ks.) I Ralph Waldo KmersMii. i^|_ |, August u.s T. Perkins, A.M Hon. .Mellen Chamberlain, LL B Winslow Warren, LL.B. Francis W. Palfrey, A.M Charles W. Eliot, LL.l), Digitized by Microsoft® KESIDKNT .MKMBEllS. William Gmy, A.M. Delano A. GoddaiU, AM. Rev. Henry W. Ft«, A.M. Charles C. Perkins, A.M. Charles F. Dunbar, A B. Hon. Charles Devens, LL.D. Charles F. Adams, Jr , A.U. WiUiam P. Upham, A.B. Hon. A. H. Bullock, LL.D Fitch Edward Oliver, M D. William Everett, Ph.D. George B. Chase, A.M. Henry Cabot Lodge, Ph. D. John T. Morse, Jr., A.H. Justin Winsor, A.B. J. Elliot Cabot, LL.B. Georffe Dexter, AM. Hon. Giistavus Vasa Fox. Heni-y Lee, A.M. Gamaliel Bradford, A.B. Itev. Edwaril J. Voinij;, .A.M. Iloii. John Lowell, LL.D. Abbott Lawrence, A.M. Kev. Jiinies Freeman C'lavk«, I). D. Rev. Phillips Brooks, D 1). William W. Greenough, A.B. Robert C. Winthrop, Jr., A.AL Henry W. Haynes, A.M. Thomas W. Higginson, A.M. R«!v. Edward G. Porter, A.M. John C. Roi^es, LL.B. Paul A. Chiidbourne, LL.D. Rev. Hiiiiry F. Jenks, A.M. Hon. Samuel C. Cobb. Horace E. Scuddor, A.M. Rev. Edmund F. .Sliifter, A.M. Sti'pheu Sali.sbury, Jr., A.M. John T. Hn.«iiin, A.M. Rev. Alexander McKeii/.ie, I) D. Digitized by Microsoft® Digitized by Microsoft® MASSACHUSETTS HISTORICAL SOCIETY. ACT OF INCORPORATION. SommontDeaItt) ot JttassaciiusettH, IN THE TEAR OF OUR LORD ONE TH0U8AHD SEVBD HUITDRED AND NINETY-FUUII. An Act to incorporate a Society, by the name of the Massachusetts Historical Society. Whereas the collection and preservation of materials for a political and natural history of the United States is a desirable object, and the institu- tion of a Society for those purposes will be of public utility, — Be it therefore enacted by the Senate and House of Represenlaliceii, in General Court assembled, and by the authority of the same. That William Baylies, Esq., Jeremy Belknap, D.D., the Rev. Alden Bradford, Peleg Coffin, Esq., Manasseh Cutler, D.D., John Davis, Esq., Daniel Davis, Esq., Aaron Dexter, Doctor in Physic, the Rev. John Eliot, Nathaniel Freeman, Esq., the Rev. James Freeman, the Rev. Thaddeus Mason Harris, Isaac Lothrop, Esq., George Richards Minot, Esq., the Rev. John Mellen, Jr., Thomas Femberton, William Dandridge Peck, the Rev. John Prince, Ezekiel Price, Esq., James Sullivan, Esq., David Sewall, Esq., Peter Thacher, D.D., William Tudor, Esq., Samuel Turell, Dudley Atkins Tyng, Esq., James Winthrop, Esq., Thomas Wallcut, Redford Webster, and William Wetmore, Esq., who have associated for the purposes afore- said, and have requested an Act of Incorporation, be, and hereby are, formed into and constituted a Society and body politic and corporate, by the name of the Massachusetts Historical Society; and that they and their successors, and such other persons as shall be legally elected by them, shall be and continue a body politic and corporate, by that name for ever. And be it further enacted by the authority aforesaid, That the members of said Society shall have power to elect a President, and all other necessary officers ; and that the said Society shall have one common seal, and the same may break, change, and renew at pleasure; and that the same Society, by the name aforesaid, as a body politic and corporate, may sue and be sued, prosecute and defend suits to final judgment and execution. And be it further enacted. That the said Society shall have power to make orders and by-laws for governing its members and property, not repug- nant to the laws of this Commonwealth; and may expel, disfranchise, or suspend any member, who, by his misconduct, shall be rendered unworthy. And be it further enacted. That the said Society may, from time to time, establish rules for electing officers and members, and also times and places Digitized by Microsoft® for holding ineetinffs ; and shall he capahh- to take and hold real or per- sonal estate, hy pf- grant, devise, or otherwise, and the same, or any part thereof, to alien and convey: Piorkled, That the annual inconn- of any real estate, by said .Socittv holdcn, shall never exceed the sum of five hundred pounds ; and that tin' personal estate thereof, besides books, papers, and articles in the Museum of said Society, shall never exceed the value of two thousand pounds. And he it furlhe.r enrwletl. That the members of said Society shall never he more than sixty (except honorary members, residing without the limits of this Commonwealth), and that James Sullivan, Ksq., be. and hereby is, authorized and empowered to notify and warn the first meeting of said Society ; and that the same Society, when met. shall agree upon a method for calling future meetings, and may have power to adjourn from time to time, as may be found necessary. /I »(/ fce iV /id/Aec ermc/e*/. That either branch of the Legislature shall and may have free access to ihe Library and Museum of said .Society. [This Act passed Feb. 19, 1794.] Communttjealih at ffl^ssarljusrllB. IN TIIK YRAK OF OUK LOKP ONE TIIOl.'SAND BinHT Hl'.NORED ASn FIPTV-FIVK. An Act in addition to an Act to incorporate the Massachusetts His- torical SOCIKTY. Be it enncleil hy the Senate find Ilotise of Representatives, in General Cnurl nssemhled, rind hi/ Ihe authority of the same, as follows : — Sect. 1. — The Mnssachusetts Historical Society is hereby authorized to hold real and personal estate, in addition to its Library, to an amount not exceeding one hundred thousand dollars Skct. ■-'. — This Act shall take effect from and after its passage. [This Act passed May 21, 1855.] ro tempore shall be chosen. CHAPTER V. OF THE RECORDING SECRETARY. Art. I. — The Recording Secretary, or, in case of his death or absence, the Corresponding Secretary, shall wam all meetings of the Society, by causing to be sent, through the post-office, to all the Resident Members, notices of each meeting. Notices of the regular meetings shall be issued on the Monday preceding. Art. 2. — He shall keep an exact record of all the meet- ings of the Society, with the names of the members present ; entering in full all reports of committees that may be ac- cepted by the Society, unless otherwise specially directed, or unless the same are to be included in the printed Proceed- ings. See Chap. IX., Art. 6. Digitized by Microsoft® 16 MASSACHUSBTTS HISTOIUCAr, SOCIETY. CHAPTER VI. OF THE CORRESPONDING SECRETARY. Art. 1. — The Corre.'sponding Secretary shall inform all persons of theii election as members of the Society, sending to each a copy of the By-laws, and on their acceptance shall issue the proper diplomas. Art. 2.— He shall carry on all the conespondence of the Society not otherwise provided for ; and deposit copies of the letters sent and the original lettei-s received, in regular files, in the Library. CHAPTER Vn. OF THE TREASURER. Art. 1. — The Treasurer shall collect all moneys due to the Society, and shall keep reijular and faithful accounts of all the moneys and funds of the Society that may come into his hands, and of all receipts and expenditures connected with the same, — which accounts shall always be open to the. inspection of the members ; and, at the regular meeting in April, he shall make a written report of all his doings for the year preceding, and of the amount and condition of all the property of the Society intrusted to him. One week before the monthly meeting in April of each year, he shall give notice to every member of any assessment remaining due from him. Art. 2. — He shall pay no moneys, except on vote of the Society, or of the Council, or on vouchei* of an officer or com- mittee acting conformably to its laws or ordei-s. CHAPTER VIII. OF THE COMMITTEE ON THE TREASURER'S ACCOUNTS. At the monthly meeting in March, annually, a Committee shall be appointed by nominatioit from the chair, consistinir Digitized by Microsoft® BY-LAWS. 17 of not less than two persons, whose duty it shall be to exam- ine the Treasurer's accounts for the year preceding, and at the monthly meeting in April to report thereon, and on the state of any property of the Society in his hands. CHAPTER IX. OF THE LIBRARIAN, AND OF THE LIBRARY. Art. 1. — The Librarian shall have charge of all the books, tracts, maps, manuscripts, and other property of the Society appropriate to a library ; and shall cause to be made, and kept exact and perfect, catalogues of each and all of them, doing whatever may be in his power, at all times, to preserve and increase the collections under his care. Art. 2. — He shall acknowledge each donation that may be made to the Library, by a certificate addressed to the person making it. Art. 3. — He shall, at every monthly meeting of the Soci- ety, report all donations made to the Library since the last monthly meeting, with the names of the donors ; and, at the annual meeting, shall present a statement of the condition and wants of the Library, with a notice of the important accessions that may have been made to it during the year. Art. 4. — He shall cause to be kept an exact account of all books taken out, with the names of the persons who take them, and the dates when they are borrowed and returned. Art. 6. — He shall report in writing, at each monthly meeting, the name of every book that has been out of the Library for a longer term than is permitted by the By-laws, and shall use his discretion in obtaining the return of such books. Art. 6. — He may have one or more assistants, not mem- bers of the Society, appointed by the Council, who shall aid him in all or any of his duties ; who shall also aid the Re- cording Secretary in notifying meetings, copying reports, or in any other way that may be required, and who shall render Digitized by Microsoft® 18 MASSACHUSETTS HISTORICAL SOCIETY. siich other services to the Society connected with its Liliraiy or its general proceedings as the Council may direct. Aet. 7. — The Librarian shall he present in the Library, in person or by an assistant, at the regular hours, and at such other times as may be appointed for keeping it open ; and shall endeavor to render it useful to all wJio may resort to it. Akt. 8. — Any Resident Member of the Society may take from the Libraiy three printed volumes at a time, and keep each of them four weeks, with a right to renew the loan for four weeks more, unless some other member has, in that in- terval, asked for it in writing : but if be retains it beyond this second period, he must first obtain the written assent of a member of the Council, permitting him to do so, or he shall be fined ten cents a week for each volume so retained. Art. 9. — All members taking books from the Library shaU be answerable for any injury done to the same, to such amount as may be deemed just by the Council ; and any person neg- lecting to pay any fines, or assessments for damages, one month after he shall have received notice of the same from the Librarian, or otherwise abusing his privilege to the injury of the Library, shall, by order of the Council, be interdicted from access to the same. Art. 10. — At the written request of any Resident Mem- ber of this Society, the Librarian shall permit any person to visit and itse the Library, at such times as the Librarian may be in attendance ; such member becoming thereby responsi- ble for any injury to the property of the Society that may result from such introduction of a stranger. Art. 11. — At the written request of any Resident Mem- ber of the Society, the Librarian shall deliver to any one per- son indicated in such request, but to no more than one person at the same time, any book or books belonging to the Society, which the member himself could take out ; such member, by such request, making himself responsible that all the rules relating to the book or books so taken out shall be as fully observed by the person authorized to receive them as if he were a member ; and that any injury accruing to the property of the Society, in consequence of the privilege thus granted, Digitized by Microsoft® BY-LAWS. 19 shiill be made good by the member at whose request the grant is made. Akt. 12. — At the meetings in April, July, October, and January, the Librarian shall lay before the Society a list of the names of those persons, not members, who, during the preceding three months respectively, may have had access to the Library by permission of individual members of the So- ciety, with the names of the membei-s at whose request the privilege was granted ; adding a statement of each injury that may have been sustained by the property of the Society, in consequence of granting such permission, and the name of the member bound to make it good. Art. 13. — The Publishing Committee, for the time being, shall be permitted to take such books and manuscripts from the Library as they may need, in order to perform the duty assigned to them by the Society ; but the Librarian shall make a record of whatever is so taken, and, as soon iis the volume they may have in charge is published, he shall require the return of the same. Art. 14. — All manuscripts of the Society shall be kept under lock and key, and be used only in presence of tho Libi-aiian or an assistant. Art. 15. — Pereons not members of the Society, engaged in historical pursuits, shall be allowed to consult the manu- scripts belonging to the Society, provided an application ia writing, stating the object of the inquiry, be firat made to the Librarian, who shall make recoid of the same. Art. 16. — No manuscript, and no part of a manuscript, belonging to the Society, shall be copied, except on permis- sion granted by the Council, after an application in writing, specifying the manuscript, or part thereof, desired to be copied ; and if any manuscript belonging to the Society shall, in consequence of such permission, be published, in whole or in part, the fact that it was obtained from the Society shall be required to be stated in its publication. But nothing herein shall be construed to prevent the publication of names, dates, and other chronological memoranda, without special pei-mission. Digitized by Microsoft® 20 MASSACHUSETTS HISTORICAL SOCIETY. Art. 17. — Manuscripts of a confidential nature shall be retained in a place of special deposit, and shall be consulted only under such regulations as may be prescribed in each case by vote of the Society. Art. 18. — No maps, newspapers, or books of great rarity or of constant reference, shall be taken from the Library, ex- cept by vote of the Society. Art. 19. — All tracts, books, maps, and manuscripts be- longing to the Society, shall be distinctly marked as its prop- erty ; and any such tract, book, &c., that may be presented to the Society shall be marked with the name of the donor, and recorded as his gift. Art. 20. — The Library shall be open on all week-days, from nine o'clock in the forenoon till sunset (but not later than six o'clock), throughout the year, except on the after- noons of Saturdays, and on days of public observance, and also during the fortnigiit before the annual meeting in April, when it shall be closed for examination ; and all books that may be lent are hereby required to be returned previous to that fortnight, under a penalty of a fine of one dollar for each volume not so returned. CHAPTER X. RULES FOR THE DOWSE LIBRARY. Art. 1. — The room in wliich the books are deposited which were presented to the Society by Thomas Dowse shall be known forever as the Dowse Library of the Massa- chusetts Historical Society. Art. 2. — Agreeably to the condition prescribed by Mr. Dowse, no book shall be taken out of this room. Art. 3. — Books may be used in the room by membeis of the Society, and by others introduced by them in person ; but no book shall be taken from the cases except by members, or by the Librarian's assistant, who shall cause each book to be Digitized by Microsoft® BY-LAWS. 21 returned to its proper place immediately after it has been used. Art. 4. — Meetings of the Society may be held in the Dowse Library, at the discretion of the Council ; but the room shall not be used for any other meeting;s. CHAPTER XL OF THE CABINET-KEEPER, AND THE MUSEDM. Art. 1. — The Cabinet-keeper shall have charge of all coins, works of art, remains of antiquity, and other articles appropriate to the Society's Museum, and shall make and keep perfect and exact catalogues of the same. Art. 2. — He shall acknowledge each donation he may re- ceive, by letter, to the person making it. At every monthly meeting of the Society, he shall report whatever may have been added to the collection of which he has charge, with the names of the donors; and, at the annual meeting, shall pre- sent a full report of the condition of the Museum. CHAPTER Xn. OP THE COUNCIL. Art. 1. — The Council, as vacancies occur in the Society by death or otherwise, shall, at their discretion, report nomi- nations for Resident Members to fill the same. Art. 2. — They shall engage whatever assistance is needed to administer the Library, and shall pay the current expenses of the Society, drawing on the Treasurer, from time to time, for such sums as may be necessai7 for that purpose. • Art. 3. — They shall annually, in the month of April, make a careful examination of the Library and Museum of the Society, and also of the Dowse Library ; comparing the books, Digitized by Microsoft® 22 MASSACHUSETTS HISTORICAL SOCIETY. manuscripts, and other articles in each, with their catalogues, respectively, and reporting at the April meeting, in detail, concerning their condition. Art. 4. — They shall record in full, in a book kept by them for the purpose, any permission granted by any one of their number for the consultation of the manuscripts of the Society, by persons not members. Art. 5. — They shall meet in the Society's rooms within one week previous to every regular meeting, on such day and at such hour as they may agree upon, and at such other times as the Chairman shall call them together, for the fulfilment of their appropriate duties, and for the purpose of facilitating the transaction of such business as will be brought before the Society ; and for making such arrangements as may be expe- dient for securing the communication of historical papers. Art. 6. — They shall, at every meeting, report to the Society all their doings since the last meeting, suggesting at the same time such business as they may deem advisable to bring before it. Art. 7. — On the death of a Resident Member, they shall, at the next meeting of the Society, report, through the Presi- dent, a nomination of a person to prepare a memoir of the deceased for the Proceedings. Art. 8. — They shall have authority to appoint such sub- committees of their number as they shall think expedient, to facilitate the administration of the Society's affaire. Art. 9. — They shall make an annual report, to be drawn up by that one of the membera at large who has had the longest term of service. CHAPTER Xlir. OF THE PUBLISHING COMMITTEE. Art. 1. — Immediately after the publication of any volume of the Collections of the Society, or at any other time when the Society may order, a Committee of not less than three Digitized by Microsoft® BY-LAWS. 23 persons shall be appointed by nomination from tbe chair, whose duty it shall be to prepare and publish another vol- ume ; for which purpose they are authorized to draw on the Treasurer, and free use is granted to them of all the manu- scripts, printed books, and other resources of the Society, except the manuscripts deposited as confidential ; said Ci)m- mittee being required hereby to return whatever they may have thus received, so soon as their use of the same for the purposes of such publication shall have ceased. In every publication that shall be made from the income of the Appleton, the Peabody, or other publishing fund, there shall be inserted in each volume a statement in print, timt it was made at the charge of that fund which bears the expense of the publication. Art. 2. — The Recording Secretary, and two other mem- bers to be appointed at the annual meeting by the President, shall constitute a Committee, with full power to provide for occasional reports, as well as for the permanent publica- tion of the Proceedings of the Society, subject to the follow- ing limitations : — First, Neither the remarks nor the name of an}' member shall be introduced into any report without his permission. Second, All papers read or remarks made by any member, which such member shall desire or be willing to have printed, shall be submitted to the above-named Committee for the purpose, and shall be subject to their discretion : provided, however, that any member may publish, on his own responsi- bility, any paper or remarks of his own which the Committee may not think fit to include in their report ; it being under- stood that, in such case, the name of the Society is not to be used in any way whatever in connection with such publi- cation. Digitized by Microsoft® Digitized by Microsoft® Digitized by Microsoft® Digitized by Microsoft®