1855-01-15 Winthrop Statue: Agreement with Richard S. Greenough, 1831.039.007-007

An agreement made and concluded at Boston on the fifteenth day of January. A.D. eighteen hundred and fifty five, by and between the Proprietors of the Cemetery of Mount Auburn a Corporation established by law, on the one part, and Richard ^^S. Greenough of said Boston, Sculptor, on the other part.

The said Greenough on his part, agrees to make execute and deliver to said Corporation, as hereinafter more specifically set forth, a marble statue of John Winthrop, a former Governor of Massachusetts, of pure and fine white marble of the first quality suitable for statuary, and in size to correspond and 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, and also to do certain other things as hereinafter set forth, as preliminary and incidental thereto and in aid of the general object of said Corporation in making this contract, and further said Greenough agrees to provide and deliver to said Corporation with said Statue, a suitable marble pedestal for the same.

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

rendered in or about the said Statue, statuette, model figure photographs or daguerreotypes as aforesaid.

The said Corporation agrees to pay to said Greenough (he doing and 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, and the conveyance of the said statuette to said Corporation, and the delivery of said four daguerreotypes or photographs as aforesaid to said Corporation. Second, fifteen hundred dollars upon the completion and conveyance of the the said full sized figure in plaster to said Corporation as aforesaid. Third, twenty five hundred dollars upon the final and full performance of this contract, and the delivery of said Statue of John Winthrop as aforesaid together with said pedestal to said Corporation within the term of three years and six months as aforesaid; provided always, that if the said marble statue and pedestal is not so delivered to said Corporation as aforesaid within said term of three years and six months, the said Greenough shall have no claim upon said Corporation for any sum then 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 Greenough hath hereunto set his hand and seal on the day of the date of this instrument. And on the same day the said Corporation hath hereunto set its common seal, and caused these presents to be signed by its President, Jacob Bigelow, who acting herein assumes no personal responsibility in the premises, and acts exclusively and only under the vote of the Trustees of said Corporation, (an attested copy of which is hereto annexed) and as the agent of said Corporation.

Richard S. Greenough [seal: stamped red wax]

Jacob Bigelow President

[seal: affixed, of Mount Auburn Cemetery, SIC PANDITUR VIA IMMORTALITATIS.]

And said Greenough further agrees to make and execute and complete in a good and workmanlike manner another figure in plaster of said Statue which shall be of the full size of said Statue and which shall be completed within two years from the date of this agreement and conveyed and made over to said Corporation, subject to the right of said Greenough to use the same at all times in and about the further execution of this contract.

And said Greenough further agrees to make finish and deliver to said Corporation the said marble statue and pedestal as aforesaid within three years and six months from the date of this agreement; and if not otherwise ordered by the Trustees, said Statue and 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 and complete and without fracture or damage, and ready to be set in such 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 and to said full sized plaster model in due form to said Greenough. But in case that the said Greenough shall fail to complete finish and deliver to said Corporation as aforesaid the said marble statue within three years and six months from the date of this agreement, the said statuette and 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 and remain the property of said Corporation free from any claim in said Greenough, or any other person claiming under him, to the possession use or improvement of the same, and said Greenough shall have no further claim upon said Corporation on account of or by reason of this contract, or his services in any way

At the regular monthly meeting of the Trustees of the Proprietors of the Cemetery of Mount Auburn holden November 6th A.D. 1854, it was. 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.

Attest. Henry M. Parker. Secretary.