MemorialOfSurrender1833

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Unanimously adopted by the Grand Lodge of Massachusetts, December 27, 1833. This text is found beginning on page IV-314 in the Proceedings. (Typography and spelling left as recorded.)

MEMORIAL

To the Honourable Senate and House of Representatives in General Court Assembled.

The Memorial of the Undersigned the Master and Wardens of the Grand Lodge of Freemasons, within the Commonwealth of Massachusetts, respectfully represents:

That the said Grand Lodge was established and organized in the Town of Boston in said commonwealth as a voluntary association, on the 30th of July A.D. 1733 - assuming and exercising, all the powers rights and priviledges, which by the ancient laws and usages, recognized by the Fraternity of Freemasons, in their consociated capacity, it was empowered so to assume and exercise: That in the legitimate exercise of those powers, and priviledges, and in its official capacity, as the head of a prosperous and growing benevolent association, by the liberal donations of individual Freemasons, and by the usual contributions of the Subordinate Lodges, it was in time enabled to create and establish the Fund known as the "Charity Fund of the Grand Lodge of Massachusetts" subject to the provision that the income thereof should be held in sacred trust for and faithfully applied to charitable purposes, to the relief of the distressed & suffering and your Memorialist[s] have the gratification to believe that the letter and the spirit of this provision have ever been, and they trust will long continue to be scrupulously observed and performed.

Your Memorialist[s] further represent, That from the period of its establishment untill the year 1817 this fund was held by, and under the control and direction of the said Grand Lodge, acting as a voluntary association. This tenure wasnot only thought to be insecure, but the management of the Funds was found to be attended with the various and unavoidable difficulties which are always incident to the conduct of property thus situated. Under these circumstances, and in the belief that an act of incorporation would increase the security of the Fund, and facilitate the distribution of its charities, Francis J. Oliver Esqr. and others members of the said Grand Lodge, petitioned and obtained of the Hon. Legislature on the 16th of June 1817 an act by which the Master, Wardens and Members of the Grand Lodge, were incorporated and made a body politic, authorized and empower'd to take by purchase or gift, grant or otherwise, and hold real estate, not exceeding the value of twenty thousand Dollars, and personal estate not exceeding the value of sixty thousand dollars, and to have and exercise all the priviledges usually given by acts of incorporation to charitable societies. And so far as the knowledge of your memorialists extends, or their experience enables them to judge, they most confidently believe and affirm that all the transaction of the said Grand Lodge (with the single exception hereafter noted) have been conducted with a scrupulous regard to the original purposes of its institution, and with an honourable endeavour to preserve the inviolability of the corporate powers with which it was invested, by the Hon. Legislature of the commonwealth, That in the performance of the interesting duties pertaining to this connexion its members have conducted as honest and peacable citizens recognizing in the following "Ancient Charges" of their order unexceptionable rules of duiy in all their social and political relations "that they have agreed to be good men and true, and strictly obey the moral law; to be peacable subjects, and cheerfully to conform to the laws of the country in which they reside; not to be concerned in plots or conspiracies against government but patiently submit to the decissions of the supreme Legislature; to pay a proper respect to the civil Magistry, to work dillignetly, to live creditably, and act honourably with all men" (Note: Book of Masonic Constitutions) And that confidently relying on the protection guaranteed alike to all classes of citizens by their written constitutions they have rested quietly under their own vine and fig tree, giving just cause of offence to none, and willing to believe they had none to molest or make them afraid. Such was the condition of the affairs of the said Grand Lodge prior to the summer of the year 1830: when having previously been under the necessity of vacating the commodious apartments which it had for a long term of years occupied in one of the public buildings of the City: and experiencing much inconvenience from the want of suitable permanent accommodations for the transaction of Masonic business it was proposed and determined by an unanimous vote of its members to erect an edifice which while it afforded ample accomodation for the Fraternity, should also be an ornament to the City, and a public convenience. Your memorialists would not disguise the fact, that considerations of revenue contributed to produce the determination on the part of the Grand Lodge. As the depositary and guardian of a Charitable fund the Grand Lodge, held itself morally responsibly to the indigent recipients of the charities accruing from it, and felt boound to see that it was rendered as productive as a proper regard to its security would allow.

Under these circumstances, and not entertaining a suspicion that the Hon. Legislature would refuse, or that the most unyielding among the opponents of Free masonry, could object to such a modification of its act of incorporation, as would enable it to hold a greater amount of real estate and proportionally less of personal estate, than it was then empowered to do the said Grand Lodge, in the autumn of 1830, laid the corner stone of the building known as the Masonic "Temple" in the City of Boston. The original purchase of this estate was far within the amount which the act of Incorporation authorised the Grand Lodge to hold; but foreseeing that the augmenting value of the rising structure, would exceed this amount a petition was presented to the Hon. Legislature, at the winter session of 1831, praying for such a modification of its corporate powers, as would enable it to hold real estate, not exceeding the value of Sixty thousand Dollars, and personal estate not exceeding the value of Twenty thousand Dollars. The petitioners did not ask for an extension of their corporate powers, nor to be invested with any additional ones; but simply for such a modification of the rights and powers which they already enjoyed, as the Hon. Legislature has always shown itself willing to make for the accomodation of other corporate associations; a modification which your memorialists humbly conceive, was calculated to lessen rather than to increase the power of the Corporation; and by which no principle of law or policy was to be surrendered or prejudicially affected.

For reasons