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most eventful periods in the history of the country, arranged in sixty-eight volumes, and carefully deposited in five separate boxes, are now under the care of this Society.

Among other productions prepared by members of the Society, though not published by the Society, may be named an interesting volume upon the Life and Paintings of John Singleton Copley, by our associate, Augustus Thorndike Perkins; also a Memoir of Jeremiah Mason, a superb volume of between four and five hundred pages, prepared with admirable taste and judgment by the Hon. George S. Hillard, whose health we heartily wish were such that he might have been present with us this day.

This Memoir, though privately printed (a beautiful tribute of filial affection), is truly to be counted as a work of great public value, bringing together, as it does, the correspondence of one whose intellectual pre-eminence was universally acknowledged, and who was beyond doubt one of the most marked men of his time.

Mr. Motley, whose "Rise of the Dutch Republic" and "History of the United Netherlands" have reflected such honor upon the historical literature of our country, has completed another volume, soon to be republished here.

And a new volume containing the History of the United States, by Mr. Bancroft, is now in the press.

Thus, if the Society itself has not the credit of giving to the world these several works, it is a satisfaction to feel that individual members by their activity atone in some measure for the unproductiveness of others, thus keeping, it may be, among the whole an harmonious equilibrium.

FINANCIAL.

The financial condition of the Society will be presented by the Treasurer, whose account submitted in print at this meeting will enable every member to form an accurate estimate of the expenditures and receipts. It is a satisfaction to know that, while the necessary expenses connected with the alterations of this building were nearly $65,000, we have thereby acquired not only the more ample accommodations which we now enjoy, but by the income received from the city we shall not only be free from embarrassment, but enabled, with care, gradually to liquidate the whole debt. Grateful for the resources we possess, there is still ample need for all the means we can obtain; and wise use could be made of whatever funds should be placed at our disposal. The Appleton Fund, the Massachusetts Historical Trust Fund, the Dowse and the Peabody

Fund, are all safely invested, and the incomes are appropriated in accordance with the purposes designated by the founders. Great good is constantly being accomplished by these benefactions, while the generosity of the donors is thus kept ever fresh, and they themselves are held in perpetual remembrance. The income from the annual assessments and admission fees of members is too limited to enable the Society to accomplish all it could desire; and, to help the Society to the more speedy fulfilment of its plans, various members have voluntarily promised to pay annually the sum of twelve hundred dollars ($1,200) in lieu of their regular subscriptions, for 1874, 1875, and 1876.

This sum (already subscribed, and the first instalment promptly paid) will enable the Society, without delay, to continue the regular publication of its volumes of Collections.

THE HUTCHINSON PAPERS.

The long controverted question as to the final disposition of the Hutchinson Papers has during the past year been amicably arranged.

An Arbitrator was mutually agreed upon, to whom the archives and records of the Society were thrown freely open for the most thorough examination. After the fullest research had been made, an official award was duly rendered, by which historical manuscripts placed under the care of this Society, half a century ago, by Alden Bradford, with an acknowledged recognition of this fact by those in authority at that time, have now been restored to the custody of the Commonwealth, to whom henceforth, by this decision, all responsibility respecting them has been transferred.

MEETINGS.

In addition to the regular monthly meetings, there have been two special meetings of peculiar interest: one at the residence of William Amory, Esq.; and one at the house of Mr. Waterston, on the 16th of December, in commemoration of the One Hundredth Anniversary of the Destruction of the Tea in Boston Harbor. A detailed account of this meeting has been prepared, including including a valuable paper by Richard Frothingham, which will be distributed among the members this day.

NEW CODE OF BY-LAWS.

Before closing this Report, it is proper to make mention of the new draft of By-laws adopted by the Society.

Of these there has been a thorough revision. Every section was deliberately considered, after which various amendments were adopted; and the whole, as revised, was reported by the Standing Committee, and after full consideration was duly accepted as the New Code of the Society.

Among other changes, the body hitherto known as the Standing Committee is henceforth to be called the Council, and to include all the Elective Officers of the Society.

The community doubtless looks with large expectations upon a body of men like those enrolled as members of this Society. Valuable material has been intrusted to their care. Unpublished manuscripts, relating to important historical periods, are before us, awaiting publication.

Grateful for the privileges we enjoy, let no one shrink from the responsibilities laid upon him; and may all the future experiences of the Society be in harmony with the brilliancy and nobleness of its past history.

Respectfully submitted.

R. C. WATERSTON,

Chairman for the Committee

Report of the Librarian.

In accordance with the By-Laws of the Society, the Librarian has the honor to submit his Annual Report.

During the past year the addition of books to the Library has been larger than ever before for the same period since the Dowse collection was given to the Society, and the additions have been for the most part works of a valuable character. They may be classified as follows:

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Of the books added, 1,078 have been given, 178 have been procured by exchange, and 13 bought. Of the pamphlets added, 2,069 have been gifts, and 1,678 exchanges. Of the Society's

publications, 58 volumes have been exchanged for other works, and 12 volumes have been received back by exchange. The manuscripts known as the "Hutchinson Papers," comprising three folio volumes, have been returned to the State Archives, in accordance with the decision of an arbitrator.

From an actual count made in 1867, there were then 18,011 volumes in the Library. Starting with this number as a basis, and adding the accessions since that time, it appears that there are now 22,522 volumes, including the files of bound newspapers and the bound manuscripts. The number of pamphlets in the Library exceeds 40,000.

During the year there have been taken out 96 volumes and pamphlets, and all have been returned. It should be borne in mind, however, that the Library is used more for reference than for circulation; otherwise the statement of this fact might give a wrong impression of its use.

The late Mr. Savage, who was the Librarian sixty years ago, left by legacy to the Society the sum of $5,000, the interest of which is to be used for buying books for the Library. He also bequeathed to it 100 volumes, among which was the copy of his great work, the "Genealogical Dictionary," containing all his corrections and additions in his own handwriting. His daughter has also given 79 volumes and 267 pamphlets.

The Honorable Charles Francis Adams has presented to the Library 39 volumes, handsomely bound, relating to the Alabama Claims, which were used by him at the Arbitration in Geneva Dr. Nathaniel B. Shurtleff and Mr. Francis E. Parker have also made valuable accessions to the Library. Mr. Amos A. Lawrence has continued his gifts, having added during the year 57 volumes and 6 pamphlets, all relating to the Great Rebellion. The manuscripts of Colonel Timothy Pickering have lately come into the possession of the Society, given by his grandson, Mr. Henry Pickering. They comprise 68 volumes, and cover a period of seventy years, extending from 1759 to 1829. They furnish the groundwork of the "Life of Timothy Pickering," which was begun by his son, the late Octavius Pickering, and ended by our associate, Mr. Upham. They constitute an accession of great interest and value. Mr. H. F. Walling has given 87 maps of New England towns and counties, making an important addition to the collection of the Library.

Respectfully submitted.

SAMUEL A. GREEN, Librarian.

APRIL 9, 1874.

[Charge of the Chief Justice.]

"Fact proved. "Justification that Quack is a slave and to prove it 'tis said that Quack, when a child about 9 months old, with his father and mother was sold by bill of sale in 1754, about 29 years ago, to Mr. Caldwell, now deceased; that, when he died, Quack was appraised as part of the personal estate, and set off to the widow in her share of the personal estate; that Mr. Jennison, marrying her, was entitled to Quack as his property; and therefore that he had a right to bring him home when he ran away; and that the defendant only took proper measures for that purpose. And the defendant's counsel also rely on some former laws of the Province, which give countenance to slavery.

"To this it is answered that, if he ever was a slave, he was liberated both by his master Caldwell, and by the widow after his death, the first of whom promised and engaged he should be free at 25, the other at

21.

"As to the doctrine of slavery and the right of Christians to hold Africans in perpetual servitude, and sell and treat them as we do our horses and cattle, that (it is true) has been heretofore countenanced by the Province Laws formerly, but nowhere is it expressly enacted or established. It has been a usage -a usage which took its origin from the practice of some of the European nations, and the regulations of British government respecting the then Colonies, for the benefit of trade and wealth. But whatever sentiments have formerly prevailed in this particular or slid in upon us by the example of others, a different idea has taken place with the people of America, more favorable to the natural rights of mankind, and to that natural, innate desire of Liberty, with which Heaven (without regard to color, complexion, or shape of noses) features) has inspired all the human race. And upon this ground our Constitution of Government, by which the people of this Commonwealth have solemnly bound themselves, sets out with declaring that all men are born free and equal — and that every subject is entitled to liberty, and to have it guarded by the laws, as well as life and property — and in short is totally repugnant to the idea of being born slaves. This being the case, I think the idea of slavery is inconsistent with our own conduct and Constitution; and there can be no such thing as perpetual servitude of a rational creature, unless his liberty is forfeited by some criminal conduct or given up by personal consent

or contract.

NOTE BY CHIEF JUSTICE GRAY.

"Verdict guilty."

The original indictment in this case is preserved, with such other records and papers of the Superior Court of Judicature and the Supreme Judicial Court before August 1797, as have come down to us, in the clerk's office in Boston, and is as follows:

"Worcester, ss. At the Supreme Judicial Court begun and holden at Worcester within and for the County of Worcester on the third Tuesday of September in the year of our Lord one thousand and seven hundred and eighty-one.

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