As the Committee were about to close the contracts for the building of the structure, an obstacle was presented in the form of a petition to the Supreme Judicial Court of the Commonwealth, praying that the city be enjoined from using the Common in Ward One as a site for the Monument, for the reason that such use would work a forfeiture of the city's title to the land. The application was heard and decided upon by the Court, Mr. Justice Morton, then in session in Cambridge. The decision affirmed the right of the city to use the land for the purpose contemplated. As the delay thus occasioned was the cause of much public comment, it is referred to here for the double purpose of explaining the real cause; and of giving a statement of the city's connection with, and ownership of, the four commons, so called, in Old Cambridge, lying in front of the college; not an uninteresting feature in the history of our city. Cambridge Common was granted to the town by the "Proprietors of Common and Undivided lands in Cambridge" — a a private company on the 20th of November, 1769, by the following vote : "Voted, That all the common lands, belonging to the proprietors, fronting the college (commonly called the town commons), not heretofore granted or allotted to any particular person, be, and the same is hereby granted to the Town of Cambridge, to be used as a training field, to lie undivided, and to remain for that use forever; provided, nevertheless, that if the said town should dispose of, grant, or appropriate the same or any part thereof, at any time hereafter, to or for any other use than that before mentioned, then and in such case the whole of the premises hereby granted to the said town shall revert to the proprietors granting the same, and the present grant shall be deemed null and void, to all intents and purposes, as if the same had never been made.” The point raised and presented to the Court was, that the erection of a massive edifice, like the proposed Monument, was inconsistent with the use of the Common as a training field, and therefore in direct violation of the intent of the grantors. The Court held that such an appropriation of the land did not interfere with its use as a training field; on the contrary, the proposed Monument was a most fitting ornament for a place designed to be used for military purposes; that, considering the area of the Common, and the dimensions, location, design, and character of the structure, it is to be regarded as an incident or appurtenance of a training field; and therefore the city might lawfully erect it, without incurring a forfeiture of the estate. For brevity's sake, all statement of the principles and course of reasoning, which led the Court to its conclusions, is omitted, the substance only being given. There can be no doubt that this decision of Judge Morton will be regarded as a final settlement of the question as to what the city may, or may not, do with the Common. In selecting a site for the Monument, the Committee endeavored to fix upon a position the most conspicuous that the Common could furnish. It was accordingly placed in the direct line of vision, as approached from North Avenue, Cambridge Street, Harvard Square, and the Appian Way, on the south-east section of the enclosure. The Committee believe that this selection meets the public approval. The corner-stone was laid on Thursday, June 17, 1869, and the Monument dedicated on Wednesday, July 13, 1870. Impressive and interesting services were held on both occasions, which are given in full detail in the following pages. At the close of the ceremonies on the day of dedication, the Governor and staff, with many military and naval officers, surviving soldiers of Cambridge, widows and orphans of deceased soldiers, posts of the Grand Army, and large numbers of citizens and ladies, were entertained by the City Government at the State Arsenal, the use of which had been kindly granted by his Excellency the Governor. The utmost order and regularity pervaded the proceedings of the day, and the occasion will long be pleasantly remembered by the thousands that participated. J. S. M. |