Mount Auburn Cemetery

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

New York July 19th/55 [1855]

Dr Bigelow

Dear Sir

I send you this day by express some stereoscopic views of the sketch of John Adams. Also one of the Ruth; I hope you will be pleased with them;- I shall leave for Europe on Wednesday the 25th inst. If you have not yet written to Mr Crawford I shall be most happy to be the bearer of your letter. Direct your letter if you write, to the care of L Edgerton & Doane 58 Broadway N.Y.

Hoping to have the pleasure of seeing you soon again. I bid you good bye.

Yours very truly

Randolph Rogers

Randolph Rogers Adams

An agreement made & concluded at Boston on the ____ day of ____ A.D. Eighteen hundred & fifty five, by & between the Proprietors of the Cemetery of of Mount Auburn, a Corporation established by law, on the one part, & Randolph Rogers of Rome Italy Sculptor, on the other part.

The said Rogers^^C, on his part, agrees to make execute & deliver to said Corporation, as hereinafter more specifically set forth, a marble statue of John Adams late President of the United States, of pure & fine white marble of the first quality, suitable for statuary, & in size to correspond & be companionable with a statue of (the late Joseph Story L.L.D. which has been made by William W. Story.) to be placed in the Chapel at said Cemetery, & also to do certain other things as hereinafter set forth, as preliminary & incidental thereto, & in aid of the general object of said Corporation in making this Contract : and further said Rogers^^Crawford agrees to provide & deliver to said Corporation, with said Statue, a suitable marble pedestal for the same._

The said Rogers shall forthwith proceed to make & complete a statuette of the Statue which he has above agreed to execute as aforesaid, said Statuette to be of such length that it would be of not less than one foot in height if standing erect, & to be made in plaster. And he further agrees to cause to be made four photographs or daguerreotypes of good size & well executed, each of which shall represent one of the four sides of said Statuette, & no two the same side or view of said Statuette, so that from the four a good & faithful idea of said Statuette may be obtained ; & the said Statuette & photographs or daguerreotypes the said Rogers agrees to convey & make over to the said Corporation, so soon as the same shall be completed ; & the photographs or daguerreotypes shall be at once delivered to the Trustees of said Corporation & the said Statuette shall be & become the property of said Corporation, subject to the right of said Rogers to use the same at all times in or about the further execution of this contract.

And said Rogers further agrees to make, execute & complete in

a good & workmanlike manner, another figure in plaster of said Statue, which shall be of the full size of said Statue, & which shall be completed within two years from the date of this agreement, & conveyed & made over to said Corporation, subject to the right of said Rogers^^C to use the same at all times in & about the further execution of this contract.

And said Rogers^^C further agrees to make, finish & deliver to said Corporation the said marble Statue & pedestal as aforesaid within three years & six months from the date of this agreement ; and if not otherwise ordered by the Trustees, said Statue & pedestal shall upon reasonable notice to the Treasurer for the time being of said Corporation, be delivered to said Treasurer at some wharf in the City of Boston. The Statue, when so delivered, shall be whole & complete, & without fracture or damage, & ready to be set in such a place as said Trustees shall designate.

And said Corporation agrees that when the said Marble Statue shall have been so delivered, as aforesaid, to said Corporation, that said Corporation will forthwith relinquish all claim (to said Statuette, &) to said full sized plaster model in due form to said Rogers^^C . But in case that the said Rogers^^C shall fail to complete, finish & deliver to said Corporation as aforesaid the said marble Statue within three years & six months from the date of this agreement, (the said Statuette, &) the said full sized figure in plaster, (as well as said daguerreotypes or photographs ; or such of them as shall have been made as aforesaid,) whether previously delivered, or not delivered, shall be & remain the property of said Corporation free from any claim in said Rogers^^C, or any other person claiming under him, to the possession, use or improvement of the same, & said Rogers^^C shall have no further claim upon said Corporation on account of or by reason of this Contract, or his services in any way rendered in or about the said Statue, ^or (Statuette,) model figure, photographs or daguerreotype) as aforesaid.

The said Corporation agrees to pay to said Rogers^^C, (he doing & performing this contract on his part as above set forth.) the (following sums at the following times ; that is

to say : First, one thousand dollars upon the completion of the said Statuette, & the conveyance of the said Statuette to said Corporation, & the delivery of said four daguerreotypes or photographs as aforesaid to said Corporation : Second, fifteen^^[Fourteen?] hundred dollars upon the completion & conveyance of the full sized figure in plaster to said Corporation as aforesaid : Third, twenty five hundred dollars upon the final and full performance of this contract, & the delivery of the said Statue of John Adams^^{J. A.} as aforesaid, together with said pedestal, to said Corporation, within the term of three years & six months as aforesaid : provided always, that if the said marble statue & pedestal are not so delivered to said Corporation as aforesaid, within said term of three years & six months, the said Rogers^^C shall have no claim upon said Corporation for any sum there remaining unpaid to him, nor any claim for or on account of his services rendered in the matter as above more specifically set forth.

In witness whereof the said Rogers^^C hath hereunto set his hand & seal on the day of the date of this instrument; And on the same day, the said Corporation hath hereunto set its common seal, & caused these presents to be signed by its President, Jacob Bigelow, who acting herein assumes no personal responsibility in the premises, & acts exclusively & only under the vote of the Trustees of said Corporation, (an attested copy of which is hereto annexed,) & as the Agent of said Corporation.

Randolph Rogers Jacob Bigelow

[stamp: green star] [stamp: Cemetery Seal at bottom right: Sic Panditur Via Immortalitatis]