1855-12-31 Otis Statue: Contract with Thomas Crawford, 1831.039.006-002

[stamp: small embossed book in shield in upper left corner]

An agreement made & concluded at Boston on the thirty first day of December A.D. Eighteen hundred & fifty five, by & between the Proprietors of the Cemetery of Mount Auburn, a Corporation established by law, of the one part, and Thomas Crawford of Rome, Italy, Sculptor, of the other part.

The said Crawford on his part, agrees to make execute & deliver to said Corporation, as hereinafter more specifically set forth, a marble statue of James Otis, of Revolutionary memory, of pure and fine white marble of the first quality, suitable for statuary, and in size to correspond & be companionable with a statue of John Adams, now in process of being made by Randolph Rogers, 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 Crawford agrees to provide & deliver to said Corporation with said statue, a suitable marble pedestal for the same. _

The said Crawford shall forthwith proceed to make execute & complete in a good & workmanlike manner, a 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 Crawford to have the same at all times in & about the further execution of this contract.

And said Crawford further agrees to make, finish and deliver to said Corporation the said marble statue and 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 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 full sized plaster model in due form to said Crawford._ But in case that the said Crawford shall fail to complete, finish and deliver to said Corporation as aforesaid, the said marble statue within three years & six months from the date of this agreement, the said full sized figure in plaster, whether previously delivered, or not delivered, shall be & remain the property of said Corporation, free from any claim in said Crawford, or any other person claiming under him. to the possession, use or improvement of the same; and said Crawford 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 model figure, as aforesaid._

The said Corporation agrees to pay to said Crawford, he doing & performing this contract on his part, as above set forth, the sum of five thousand dollars in two equal payments, as follows: twenty five hundred dollars upon the completion & conveyance of the full sized figure in plaster to said Corporation, as aforesaid: - & twenty five hundred dollars upon the final and full performance of this contract, & the delivery of the said statue of James Otis, 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

[stamp: embossed upper left corner]

statue & pedestal are not so delivered to said Corporation, as aforesaid, within said term of three years & six months, the said Crawford 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 specif ically set forth._

In witness whereof the said Crawford hath hereunto set his hand & seal on the day of the date of this instrument, & 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._

Tho Crawford

Jacob Bigelow

[green stamp and seal of the Cemetery of Mount Auburn]

At the regular monthly meeting of the Trustees of the Proprietors of the Cemetery of Mount Auburn, holden in Boston, on the sixth day of November A.D. 1854, it was

"Voted, that the President be instructed & authorized in the name and behalf of this Corporation, to contract with some suitable artist, to be selected by him, for a statue of James Otis, in marble, the cost of which shall not exceed five thousand dollars."_

Attest Austin J. Coolidge Secretary of the Corporation

Contract with Thomas Crawford Dec 31 - 1855 -