1856-04-21 Trustee Committee on Statuary: Majority Report, 1831.039.003-004

The Committee appointed "to examine consider & report whether any or all of the contracts for making Statuary for the Chapel can be rescinded" have met & considered the subject referred to them, & and a majority of the Committee report - that although a legal contract can be rescinded by the consent of both the parties to it, one of the parties cannot do so: He may repudiate or break the contract, subjecting himself of course to reclamation by the other party, but he cannot rescind it. - As the Artists with whom the contracts for Statuary have been made are in Italy, it has not been possible to consult them touching the descission [sic] of their engagements ^with this Corporation; - But as this might be done in a few weeks, the undersigned deem it proper to express the opinion that they do not consider it expedient to take any further ^steps in this matter. -

Whether, if the purchase of Statuary for the Cemetery were now an open question, it were expedient to do so make such purchase as a very different one from that of rescinding contracts made many months since, upon which

considerable sums of money have been paid for work already done. It is to be recollected that these Contracts were entered into by virtue of a vote of the Trustees passed in Sept ^r & Oct ^r , 1854 - which was adopted by seven members out of nine, & sanctioned by their written approval - an unprecedented unprecedented formality of this Board; - and Since then, two elections of Trustees have taken place, at which all those members who voted for the purchase of Statuary - who did not voluntarily withdraw for their own convenience - were rechosen by the Proprietors; -

The majority of the Committee are of opinion that is is expedient to go on with the Contracts made for the acquisition of the three Statues of John Winthrop, James Otis and John Adams;- And they are also of opinion that in future that all appropriations for the embellishment and improvement of the Cemetery be restricted to such objects as may be deemed essential;-

Submitted for the Comm" ^ee by

Charles P. Curtis

W ^m R Lawrence

Statuary -

Majority Report -

April 21. 1856

Recorded vol. 2 p.81-2.