1856-04-21 Trustee Committee on Statuary: Minority Report, 1831.039.003-003

The ^^{undersigned a minority of the} Committee appointed to take into consideration the subject of the Statues, and whether it be expedient to proceed with the project of placing them in the Chapel at Mount Auburn, and to report any other matters pertaining to the same; has attended to the duty and submits the following

Report

The Committee are^^{undersigned is} aware that a diversity of opinion has existed upon the expediency, as well as the right of the Trustees to expend the money of the Corporation for purposes extraneous to, if not directly adverse, to the priveleges conferred upon it by the charter.

By the act of incorporation, the Trustees were allowed to expend the moneys received from the sale of lots "for the preservation, improvement, embelishment and enlargement of the Cemetery and Garden, and the incidental expenses thereof, and for no other purpose whatsoever."

The question then naturally arises, what _is

the obvious and real meaning of these terms and what construction was designed to be placed upon them?

In order that a correct conclusion may be arrived at, it is necessary to revert for a moment to the circumstances under which the act of incorporation was obtained and what was designed by those who originated the project.- It appears to ^^{the undersigned}your Committee that the design was this-the subject of interments within the limits of the city having become one of great importance in our community and an evil which would be likely to increase as the population became more dense, it was very desirable that the system should be changed so far as it was practicable to do so, and some place of interment be secured in the vicinity of the City which should obviate the evil complained of.

For these purposes the grounds now known as "Mount Auburn" were obtained and consecrated.-

An act of incorporation was granted by the Legislature, giving certain priveleges to, and placing certain restrictions upon the Corporation, _one

of which was that the moneys received from the sales of lots should be expended for no other purpose than those stated in this report. -

It is obvious from the terms of the charter, that the right to erect an expensive chapel and furnish it with splendid statuary, or other works of art, if it exists at all, must be derived from the authority to embelish the grounds. -

An opinion has been given by one of the present Committee, (Mr Curtis), that the Trustees do possess the legal right, at least so far as to expend fifteen thousand dollars for Statuary; which opinion is on the Records of the Corporation; and as it has been accepted and acted upon by the Trustees, it is not necessary here to discuss the question, no to say how large a field the word "embelishment", appears to ^ ^{the undersigned} some of the Committee to cover -

If then it be assumed for the purposes of this discussion that the Trustees have the legal right, the next question is as to the expediency of spending money for such embelishments. - We

have erected a substantial Iron fence and stone Gateway - a beautiful Tower - and a Well House. - These are all useful and desirarable, and add much to the beauty of the place. -

We have also erected a Chapel at a cost of between forty and fifty thousand dollars, merely for embelishment, the very few funeral services held there during the year, if there be any, hardly being worthy of mention, and the building being designed for no other purpose - and It has ^^also been determined to expend fifteen thousand dollars more for Statues of certain men who deservedly stand high in the history of the country. -

What other embelishments the present Board of Trustees or their successors in office, may deem it proper to make by adding other works of art, your Committee ^ ^{the undersigned} cannot foretell. -

All the embelishments named above have been completed, or so nearly so as to render it too late to make any change, with the exception of the Statuary - this matter is still open and a change can be made and a considerable portion of the contemplated _expenditure

be saved to the Corporation. -

Your Committee have ^^{The undersigned has} looked into this subject and they finds it to stand substantially thus: contracts have been entered into with Randolph Rogers for a Statue of John Adams - at a cost of $5000 - on which $1000. have been paid - with Richard S. Greenough for a Statue of Gov. Winthrop at a cost of $5000. on which $1000 have been paid. - and the preliminary to a contract with Thomas Crawford for a Statue of James Otis at a cost of $5000 on which nothing has been paid. -

We are told that this Statuary was one of the original designs of the founders of Mount Auburn - This may or may not have been the case. - But if it were so, the Committee ^ ^undersigned can see in that fact no good reason why the design should be carried out if it be inexpedient to do so. - That such however was the original design the Committee would hardly ^ ^be gathered from the language of Judge Story as quoted in the legal opinion before referred to, or if it were the design _that