1854 Trustees Meeting Minutes, Volume 2, 1831.005.002

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plated improvements at the Cemetary alludes particularly to the use of the proposed Chapel for the purpose of a shelter for busts and statues, but is guarded in this language, and refers only to such marble busts ^^and statues and other sepulchral monuments which may from time to time be placed there by liberal benefactors and friends in memory of the dead". It is probable that it had not then occurred to his mind that the Trustees would ever take this thing upon themselves. Although this report, however, does not add the weight of Judge Story's name to the argument in favor of such an appropriation, we also think that when the difference of circumstances are considered, it can not be construed adversely to the right. The whole income from sales for the year ending Dec 31. 1842 was $5017.34 that for the year ending Dec. 31. 1853 was $25.564.63. - Then, it appears, it was difficult to "make the ends meet"; now were it not for the costly improvements of each year, there would be a vast annual increase of the fund.

In the Act of 1831 which established the Cemetery under the care of the Mass. Hort. Soc'y, there is no express restriction upon the manner of expending the surplus income derived from the Cemetery, and the present Corporation has and may doubtless exercise, as one of the "trusts" and "purposes" upon which it took the conveyance from the Horticultural Society, all the powers which that Society had unless the tenth section of the Charter above quoted does limit it. We think that there is no such limitation to be found

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in that section. On the contrary, the word "embellishment" is large enough to include statuary either in the open air or in the Chapel. In continuing the power of the Proprietors of the Cemetery, we think that our Courts would not follow the strict interpretation which the English judges have given in the cases to which we have referred, but would meet the question in the same spirit which led them to declare in White v. Braintree 13 Metcalf's Reports. 513, that the words "rights and privileges and immunities" as applied to parishes "and religious societies, are large enough and fitly "adapted to include a capacity to receive gifts and dona"tions not only for the direct purposes for which they were "constituted, but for the purposes which, by usage and custom "and the general consent of enlightened persons, are re"garded as analagous thereto."

The common definition of embellishment is "ornament" or "decoration". But in Johnson's folio, he gives also "adventitous beauty" and "additional grace." Adscititious, again he defined as meaning "that which "is taken in to complete something else, though originally "extrinsick." Though a little pompous this definition seems to us remarkably exact, and to precisely describe the place which statuary will supply in the Chapel at Mount Auburn.

Webster's definition is as satisfactory "any "thing that adds beauty or elegance; that which renders "anything pleasing to the eye, or agreeable to the taste, "in dress, furniture, manners or the fine arts". And by way of illustration he says, "rich dresses are embellish

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"ments of the person, virtue is an embellishment of the "mind, and liberal arts ar an embellishment of so"ciety". and we think commemorative statues are an embellishment of a Cemetery.

There are other arguments which might be drawn from the express language of the Act of 1831, which would tend to confirm the opinion which we have thus expressed; but we do not think it necessary at present to adduce them, since the legality of the appropriation is sufficiently sustained even by the clause in which the limitations upon the powers of the existing Corporation were created.

Boston. Sept. 30 1854 (Signed)

Charles P. Curtis Henry M. Parker

A true copy, recorded by order of the Trustees Attest. Henry M. Parker, Secretary.

On the same day in which the above opinion was read to the Trustees, Dr. Bigelow filed with the Secretary the following paper, annexed to an attested copy of the vote referred to in the above opinion. Attest Henry M. Parker. Secretary

- Copy -

On the above named conditions, the subscribers, trustees of Mount Auburn Cemetery, approve the appropriation of fifteen thousand dollars as above specified for the above named objects (Signed) Jacob Bigelow, James Read, Isaiah Bangs, B. A. Gould. Charles P. Curtis. Charles C. Little. Geo. H. Kuhn

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Trustees. Oct. 9, 1854.

Records.

The Trustees of the Proprietors of the Cemetery of Mount Auburn met at the office of C. P. Curtis Esq at 12 N. October 9^th 1854. Present Messrs Curtis, Gould, Crockett, Bangs and Read.

The Secretary being absent, Geo. W^m Bond was elected Secretary pro tempore. Mr. Curtis in the chair.

Assistant Superintendent.

Mr Bangs from the Committe on that subject reported in writing that Mr Howe concurred with the Trustees that the increased duties of the superintendent required an assistant, and that he should cheerfully co-operate with such officer in carrying out the plans and wishes of the trustees.

The report was accepted, and it was Voted. That Mr Bangs be a committee to recommend a candidate for assistant superintendent.

Adjourned. A true record. Attest. ( Ex relatione G. W. Bond.) Henry M. Parker, Secretary. A true record. Attest. Geo. W.^m Bond Secretary pro tem.

Trustees. Nov. 6, 1854

The regular monthly meeting of the Trustees was holden on the sixth day of November A. D. 1854 at the office of C. P. Curtis Esqr at 12 N. Present Messrs Bigelow, Crockett, Curtis, Parker, Kuhn, Read and Bangs.

The record of the last meeting was read and approved.

Ornamental Shrubs

Dr. Bigelow from the Committee on ornamental shrubs appointed October 2^nd reported verbally that he had visited several places in the interior with an experienced gardiner, with the view of obtaining Laurel Bushes for the Cemetery; that from a favorable location in Wilton N. H. one hundred bushes

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would have been this week removed to the Cemetery and set out there if the cold weather had not so suddenly come upon us yesterday. At present it is probable that they cannot be removed till next spring.

Lot. 401. Hayes bequest.

Mr. Curtis from the Committee on the bequest by H. M. Hayes, late of New York, proprietor of lot no 401. reported that the bequest of one thousand dollars given by the last will of said Hayes be accepted by the Corporation.

Voted. to accept the report, and also the legacy.

J. Richardson claims

On motion of Mr. Curtis. voted; that the application of Jeffrey Richardson as to locating lots and tomb rights on Lawn Avenue, be referred to the President with full powers.

Statuary

Mr Crockett moved to reconsider the vote of Sept 4, 1854, by which an appropriation was made for the purchase of three marble statues. Seconded by Mr Parker. Yeas, two. Nays, five. Lost.

Soon after this vote, it being one o'clock, Messrs Crockett and Parker were compelled to leave to meet other engagements. At about this time Mr Gould joined the meeting.

The subject of Statuary was further discussed, and the following votes unanimously passed by the members of the Board now present.

Statue of John Winthrop

Voted. That the President, be instructed and authorized in the name and behalf of this Corporation to contract with a suitable artist. to be selected by him for a statue of John Winthrop in marble, the cost of which shall not exceed five-thousand dollars.