Trustees Records, Volume 2, 1854 (page 004)

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Elizabeth Casner at Jan 08, 2021 03:42 PM

Trustees Records, Volume 2, 1854 (page 004)

4

And it is clear that the appropriation for the purchase of statu-
arey can come fairly and fully under the one of these heads,
only viz. that of the embellishment of the Cemetery.

We understand that it is not enough to
bring an apropriation under this head, that it should
be for the purpose of making the Cemetery a more attrac-
tive resort; a collection of mere curiosities or relics of
ancient times, however much they might "embellish" the
Cemetery place, in one sense, would not, in our judgment
be such "embellishments" of the Cemetery as this section
of the Act contemplates. Neither would the establish-
ment of an historical library, though that is in
some sense the best monument to the worthy dead.
Yet we suppose that, under the ninth section, you
might properly allow the heir of any of our military
heroes to hang the trophies of his father's victories above
a mural tablet in the Chapel, and the same might
afterwards be given in trust to your care. Other memo-
rials of the worthy dead might thus gradually accumu-
late under your care, and eventually the number of
these relics of various kinds may make up such a collec-
tion as you would not be authorized, in the first instance,
to establish, as an independent thing, as an embellishment
of the Cemetery. An "embellishment" of the Cemetery in the
10th section means, we think, an embellishment appropriate
to and in harmony with the place.

These distinctions, though
perhaps not at first obvious, are important. Smaller ones
have been made the foundation of decisions in many
instances connected with the execution of trusts. In one

Trustees Records, Volume 2, 1854 (page 004)

4

And it is clear that the appropriation for the purchase of statu-
arey can come fairly and fully under the one of these heads,
only viz. that of the embellishment of the Cemetery.

We understand that it is not enough to
bring an apropriation under this head, that it should
be for the purpose of making the Cemetery a more attrac-
tive resort; a collection of mere curiosities or relics of
ancient times, however much they might "embellish" the
Cemetery place, in one sense, would not, in our judgment
be such "embellishments" of the Cemetery as this section
of the Act contemplates. Neither would the establish-
ment of an historical library, though that is in
some sense the best monument to the worthy dead.
Yet we suppose that, under the ninth section, you
might properly allow the heir of any of our military
heroes to hang the trophies of his father's victories above
a mural tablet in the Chapel, and the same might
afterwards be given in trust to your care. Other memo-
rials of the worthy dead might thus gradually accumu-
late under your care, and eventually the number of
these relics of various kinds may make up such a collec-
tion as you would not be authorized, in the first instance,
to establish, as an independent thing, as an embellishment
of the Cemetery. An "embellishment" of the Cemetery in the
10th section means, we think, an embellishment appropriate
to and in harmony with the place.

These distinctions, though
perhaps not at first obvious, are important. Smaller ones
have been made the foundation of decisions in many
instances connected with the execution of trusts. In one