Founding Documents, 1837-1899 | The Green-Wood Cemetery

By Alex Vastola, Intern, Pratt Institute, School of Information

Printer-friendly | Contact Us About This Collection

Collection Overview

Abstract

Scope and Contents of the Materials

Subject/Index Terms

Administrative Information

Box and Folder Listing

Series 1: Legal Documents

The Legal Documents series contains various documents, acts, and correspondence; including the original Act of Incorporation (passed April 18, 1838) and its amendments from the years 1838-1846, 1850-1853, and 1862-1878. The original Act of Incorporation has nine parts, which include the establishment of the Green-Wood Cemetery as a public burial ground, as well as boundary and stock provisions. The various amendments to this act, as well as the NY State Senate hearing of 1889, appeal for the protection and non-taxation of the Green-Wood Cemetery and its shareholders, as well as the adjustments to the land-boundaries of the cemetery. Also included within this series are correspondence and reports from the 1885 Senate investigation of the Green-Wood Cemetery on charges extravagance and wastefulness, due to the accusation of funds not being properly used for efficient caretaking.

Box 1

Folder 1: Act of Incorporation (April 18, 1838)

“An Act to incorporate the Greenwood Cemetery.  Passed April 18, 1838.”

            This is the original 1838 charter of incorporation for Green-Wood Cemetery, passed by the New York State Government, authorizing the creation of Green-Wood Cemetery.  The document is divided into 9 sections.  Section 1 establishes the identity of the cemetery as a stockholding corporation in order to create a burial ground in the City of Brooklyn.  Section 2 states that the capital stock of this corporation will be $300,000 divided into $100 shares, and makes these shares personal property transferrable under the authority of the corporation.  Section 3 states that the cemetery can both buy and hold land with the consent of both the Mayor and City Council of Brooklyn, and that they cannot acquire more than 200 acres, and that this land be used for the burial of the dead.  In addition, that money generated from the capital stock should first be used to pay for the land obtained, and that half of the money obtained from the sale of land should be used to embellish and improve the land for the purpose of being used as a cemetery.  Section 4 establishes the original boundaries of the cemetery, by authorizing its commissioners the right to designate the boundaries of the burial ground on a map and close off all streets and avenues at these designated boundaries.  Section 5 states that the plots of land owned by the corporation are exempt from assessment, execution (from a will), and to be used for the payment of debts.  Section 6 appointed the following individuals as Commissioners of the Green-Wood Cemetery Corporation to receive subscriptions: Samuel Ward, John P. Stagg, Charles King, D.B. Douglass, Russell Stebbins, Joseph A. Perry, Henry E. Pierrepont, and Pliny Freeman.  Also, these commissioners can receive subscriptions until $30,000 of stock is taken and they have the right create the rules for the subscriptions and to call a meeting to elect 15 directors of the corporation from the stockholders.  In addition, each stockholder has the right to cast one vote, and elections for new directors will be held annually.  Section 7 gives the directors the right to determine payments for the holding of the stock and to notify stockholders and the Cites of New York and Brooklyn of their decisions and to hold meetings.  Section 8 states that the Green-Wood Corporation has the powers and must follow the provisions of Chapter 18 of the first section of the Revised Statutes.  Finally, Section 9 simply states that this act of incorporation will take effect immediately.

            This document is important for several reasons.  First, it establishes the identity of Green-Wood Cemetery: as a stockholding corporation.  This made Green-Wood Cemetery Company a “join-stock company” for the single mission of creating in the City of Brooklyn a public cemetery for burials (Richman, ed., 2013, page 20).  The Act established the quantity of common stock that the Company could issue, gave the Company tax-exempt status, and created a system to govern the Company (Richman, ed., 2013, page 20).  Second, this charter gives it several rights crucial to the running of a cemetery: such as to establish itself as a burial ground, to buy and hold land, to use money to maintain itself, appoints commissioners to run the cemetery and offer subscriptions to the stock, and to hold meetings of the stockholders and elect directors.  Third, it establishes an official relationship with the local government: for example, the cemetery cannot buy new land without the consent of the Mayor and City Council of Brooklyn.  Furthermore, among the first commissioners to serve the cemetery when this Act was passed was the notable New York banker Samuel Ward (died November 27, 1839) and the notable New York Merchant John P. Stagg (died October 4, 1839) (Cleaveland, 1866, page 9).

Folder 2: Amendments to Act of Incorporation (1838-1846)

Item # 1 “Amendments to the Charter, Passed April 11, 1839.”

            This document describes the first amendments made by the New York State Government to the original charter of Greenwood Cemetery.  Section 1 states that all the stockholders of the corporation can turn in their stock under the Board of Directors, in order to become proprietors of the lots they own and gain membership in the corporation.  Section 2 changes the identity of the people running the cemetery corporation from a Board of Directors to a Board of Trustees, establishes how the Trustees are to be elected, term limits, and who is eligible to be elected one, that the Trustees will be chosen from the proprietors of the corporation, and each proprietor with at least a plot of land of at least 300 square feet has one vote to elect Trustees.  In addition, the Trustees need to publicize their elections in New York and Brooklyn, and that a majority of Trustees will have a quorum to conduct business.  Section 3 mandates that there should be an annual meeting where the corporation must present a report on the business of the corporation.  Section 4 states that the lots of land are “indivisible” and that half of sales by the corporation must be used to pay for the land and half for its maintenance and preservation, and money from future sale to be designated for the same purpose.  Also, these future profits from sales should be applied only to the cemetery and for no other purpose.  Section 5 establishes punishments for vandalizing structures, gravestones, markers, and fences on cemetery property and lots: that this vandalism constitutes a misdemeanor and trespass, and the violator could be fined between $5 and $50, depending on the damages inflicted.  Section 6 enables the Board of Trustees to hold a bequest, grant, or donation of land in trust for the improvement and maintenance of the cemetery.  Section 7 exempts the corporation from taxes, as long as it remains a cemetery.  Finally, Section 8 states that any provision of the former version of this charter that is not consistent with the amendments is repealed.

            This document is significant for many reasons.  It is not only the first time the charter of Green-Wood Cemetery was officially amended, but it changed the character of how the cemetery was run.  It transformed the cemetery from being run as a stockholding corporation to a public trust: changing its managers from a Board of Directors to a Board of Trustees.  A year after the cemetery was first incorporated, there was an increasing opposition to the join-stock structure of the cemetery company, since it meant that there was an inherent incentive for profit in this structure, and, therefore, the philanthropic mission of the cemetery was compromised (Richman, ed., 2013, page 20).  This revised charter liquidated the stock holdings of the members of the company and made each owner of a lot in the cemetery a “proprietor” who possessed equal ownership to other lot owners, which removed any motives for profit or an impression of “financial gain” from the identity of the Green-Wood Cemetery (Richman, ed., 2013, page 20).

Item #2: “Amendments to the Charter, Passed April 11, 1839.”

            This document describes the first amendments made by the New York State Government to the original charter of Greenwood Cemetery.  Section 1 states that all the stockholders of the corporation can turn in their stock under the Board of Directors, in order to become proprietors of the lots they own and gain membership in the corporation.  Section 2 changes the identity of the people running the cemetery corporation from a Board of Directors to a Board of Trustees, establishes how the Trustees are to be elected, term limits, and who is eligible to be elected one, that the Trustees will be chosen from the proprietors of the corporation, and each proprietor with at least a plot of land of at least 300 square feet has one vote to elect Trustees.  In addition, the Trustees need to publicize their elections in New York and Brooklyn, and that a majority of Trustees will have a quorum to conduct business.  Section 3 mandates that there should be an annual meeting where the corporation must present a report on the business of the corporation.  Section 4 states that the lots of land are “indivisible” and that half of sales by the corporation must be used to pay for the land and half for its maintenance and preservation, and money from future sale to be designated for the same purpose.  Also, these future profits from sales should be applied only to the cemetery and for no other purpose.  Section 5 establishes punishments for vandalizing structures, gravestones, markers, and fences on cemetery property and lots: that this vandalism constitutes a misdemeanor and trespass, and the violator could be fined between $5 and $50, depending on the damages inflicted.  Section 6 enables the Board of Trustees to hold a bequest, grant, or donation of land in trust for the improvement and maintenance of the cemetery.  Section 7 exempts the corporation from taxes, as long as it remains a cemetery.  Finally, Section 8 states that any provision of the former version of this charter that is not consistent with the amendments is repealed.

            This document is significant for many reasons.  It is not only the first time the charter of Green-Wood Cemetery was officially amended, but it changed the character of how the cemetery was run.  It transformed the cemetery from being run as a stockholding corporation to a public trust: changing its managers from a Board of Directors to a Board of Trustees.  A year after the cemetery was first incorporated, there was an increasing opposition to the join-stock structure of the cemetery company, since it meant that there was an inherent incentive for profit in this structure, and, therefore, the philanthropic mission of the cemetery was compromised (Richman, ed., 2013, page 20).  This revised charter liquidated the stock holdings of the members of the company and made each owner of a lot in the cemetery a “proprietor” who possessed equal ownership to other lot owners, which removed any motives for profit or an impression of “financial gain” from the identity of the Green-Wood Cemetery (Richman, ed., 2013, page 20).

Item #3: “Handwritten Copy of a Notice from the Commissioners of the Green-Wood Cemetery Corporation published on the 18th, 22nd, and 25th of October 1838 by Edwin B. Spooner, printer and proprietor of the Long Island Star”

            This notice states that on October 18, 1838, the Commissioners of the Green-Wood Cemetery Corporation announced that the books for subscriptions to stock in the corporation will be opened on Saturday, November 3, 1838 for subscribers.

            This document is important since it documents the first time it was announced that Green-Wood Cemetery was opening its books for subscribers to buy stock in the corporation to purchase burial lots.  At this meeting, 3,000 shares of cemetery company stock were apportioned by the commissioners of the Green-Wood Cemetery Company (Cleaveland, 1866, page 16).

Item #4: “Handwritten Copy of a Notice (same as Item #3, but missing receipt from newspaper printer and proprietor) from the Commissioners of the Green-Wood Cemetery Corporation published on the 18th, 19th, 26nd, and 27th of October 1838 by “Lee”, printer and proprietor of the N. Y. American”

            This notice states that on October 18, 1838, the Commissioners of the Green-Wood Cemetery Corporation announced that the books for subscriptions to stock in the corporation will be opened on Saturday, November 3, 1838 for subscribers.

            This document is important since it documents the first time it was announced that Green-Wood Cemetery was opening its books for subscribers to buy stock in the corporation to purchase burial lots.

Item #5: “Handwritten Copy of a Notice from the Commissioners of the Green-Wood Cemetery Corporation published on the 8th, 12th, 15th, 19th, and 22nd of November 1838 by Edwin B. Spooner, printer and proprietor of the Long Island Star”

            This notice states that on November 8, 1838, the Commissioners of the Green-Wood Cemetery Corporation announced to its stockholders that there will be an election on Saturday, November 24, 1838.

            This document is important since it documents the first time it was announced that the Commissioners of Green-Wood Cemetery was conducting an election.  In addition, this was the first meeting of the stockholders of the cemetery company (Cleaveland, 1866, page 16).  This November, 24, 1838 meeting, was held at the office on Hanover Street of Messrs. Le Roy and Perry, and the list of Directors elected at this meeting is as follows: Jonathan Goodhue, Stephen Whitney, Robert Ray, Thomas Ludlow Ogden, Charles King, Peter Schermerhorn, Jacob R. LeRoy, Russell Stebbins, Pliny Freeman, David B. Douglass, A. G. Hammond, Daniel Embury, George S. Howland, Henry E. Pierrepont, and Joseph A. Perry (Messrs. Goodhue, Whitney, Schermerhorn, Douglass, Hammond, and Embury are all buried in Green-Wood Cemetery) (Cleaveland, 1866, page 16). 

Item # 6: “Handwritten Copy of a Notice from the Commissioners of the Green-Wood Cemetery Corporation published on the 7th and 17th of November 1838 by “Lee”, printer and proprietor of the N.Y. American”

            This notice states that on November 8, 1838, the Commissioners of the Green-Wood Cemetery Corporation announced to its stockholders that there will be an election on Saturday, November 24, 1838 for the election of 15 directors.

            This document is important since it documents the first time it was announced that the Commissioners of Green-Wood Cemetery was conducting an election to elect the Board of Directors that would help to run the Cemetery.

Item #7: “An Act further to amend an act entitled ‘an act to incorporate the Greenwood Cemetery’ passed April 18, 1838.  Passed May 11, 1846 by a two third vote.”

            This amendment to the original charter of Green-Wood Cemetery by the New York State Government changes the landowning privileges of the cemetery.  Section 1 gives the cemetery permission to buy and own more land in the City of Brooklyn and the Town of Flatbush in Kings County, but limits the total land the cemetery could acquire and hold to 125 acres.  In addition, all other landowning privileges of the cemetery from the previous incorporation act will remain in effect.  Section 2 states that this amendment will take effect immediately.

            This item is important because it documents a significant increase in the amount of additional land that the New York State Government officially allowed the Green-Wood Cemetery could both acquire and hold, but imposed limits on this additional land to 125 acres in order to better control the cemetery’s growth.  This amendment was passed in order to enable the cemetery corporation to own more land (Cleaveland, 1866, page 53).

*Six letters which are copies of correspondence between Mr. Pierrepont and Mr. Bergen of the legislature concerning the 1839 Act of Incorporation:

Item #8: Henry E. Pierrepont to the Hon. Cornelius Bergen, New York, January 9, 1839

            This letter involves Mr. Pierrepont asking Senator Bergen to amend the previous Act of Incorporation of Green-Wood Cemetery, which he thanks Bergen for helping to pass.  He is sending him a memorial and a draft of the amendments requested for the Act, and hopes Bergen will introduce and help to pass these amendments soon, suggesting that Senators Furman and Verplank will be supportive of its passage.  He also makes clear that the Cemetery’s requested amendments are based on the charter of the Mount Auburn Cemetery, and that the Cemetery is aiming to be a “purely benevolent” institution, and not created for “gain or speculation.”

            This letter is important for various reasons.  First, it shows how the charter of the Mount Auburn Cemetery influenced the amendment of Green-Wood’s Act of Incorporation, since Mr. Pierrepont used it as a reference.  Also, it shows how Mr. Pierrepont both lobbied for amendments to the Act, and wanted to change the character of the cemetery from a for-profit to a non-profit institution.

Item #9: Henry E. Pierrepont to the Hon. Cornelius Bergen, New York, January 25, 1839

            This letter was written by Mr. Pierrepont to Senator Bergen repeating his request for support to pass the proposed amendments to the Act of Incorporation.  He thanks Senator Bergen for paying attention to the memorial he sent to him with the previous letter, and makes it clear that Green-Wood Cemetery wants to be “disconnected” from objectives toward financial gain.  He describes meeting with Judge Story of the Mount Auburn Cemetery, other Directors have went to Philadelphia and Baltimore with a similar aim of acquiring information, and he went to the Pere la Chaise in Paris to observe it.  In addition, he cites local support from the lower districts of New York City for Green-Wood’s success, and the positive resolutions passed by Brooklyn’s Common Council when the cemetery applied for boundaries that were laid on the Map of the City.  Mr. Pierrepont says he will come to Albany himself to lobby for the amendments if necessary, claiming that the intentions of the cemetery previously were misunderstood: even though the cemetery started off with the for-profit joint-stock model, it wanted now to become a non-profit institution.  He even notes how Mr. George Wood and Gerrit G. Van Wagenen have prepared a draft of the amendment bill, which he hopes will be presented for passage soon.

            This letter is important because it shows how those involved with Green-Wood lobbied for it to become a non-profit institution.  Mr. Pierrepont stresses the cemetery’s commitment to become a non-profit entity, even offering to come to Albany to lobby for it.

Item #10: Henry E. Pierrepont to the Hon. Cornelius Bergen, New York, February 11, 1839

            In this letter, Mr. Pierrepont thanks Senator Bergen for considering the amendments to the Act of Incorporation.  He also states that Mr. Silliman will visit Albany to present the resolution of the Common Council of Brooklyn and that the Mayor of Brooklyn said he will write to Senator Bergen to express his support for the Act amendments.

            This letter is important because it shows that Mr. Pierrepont was able to get strong local support, mainly from the Brooklyn Common Council and the Mayor of Brooklyn, for the passage of the proposed amendments to the Act.

Item #11: Henry E. Pierrepont to the Hon. Cornelius Bergen, Wall Street, March 8, 1839

            In this letter, Mr. Pierrepont writes to Senator Bergen to express his concern that “Mr. Lott” might oppose the bill to amend the Act of Incorporation.  He states that after consultant with others involved with running the cemetery, that he is supportive of Senator Bergen’s suggestion to modify the clause about taxation to state that all plots of land in the cemetery that are unused and owned by the cemetery will be taxed, but not plots of land that have been used or are owned by other entities, such as churches.  Mr. Pierrepont indicates that he is supportive of this change if it passes the bill, but finds that “It is unusual and repulsive to the natural feelings, to raise a tax from a grave yard.”  Mr. Pierrepont is okay with the changed clause for now, since he says the Corporation of Brooklyn will support their tax-exempt status at a later date, and wants Senator Bergen to keep him informed on the progress of the bill.

            This letter is important because it documents Green-Wood Cemetery’s concern about achieving tax-exempt status, and the opinion of its founders about taxing a cemetery.  Even though Mr. Prierrepont and others stated they favored the change to the taxation clause if it helps to pass the bill, Mr. Pierrepont makes it clear that he and those involved with Green-Wood’s operation are disgusted that the State Government of New York would endorse obtaining tax revenue from a burial ground.

Item #12: Henry E. Pierrepont to the Hon. Cornelius Bergen, New York, March 9, 1839

            In this letter, Mr. Pierrepont states that at the time, it would not be beneficial to bring up the subject of amending the Act of Incorporation before the Brooklyn Corporation, and that if Mr. Lott opposes the bill, that the clause on taxation should be disposed of, unless it is changed to release all land sold for cemetery purposes from taxation, as Senator Bergen suggested.  In addition, Mr. Pierrepont states that he contacted the Mayor of Brooklyn but has not met with him, and thinks he is not interested in supporting the amendment effort.  Mr. Pierrepont and his company also state that they want the bill to be passed, even if the tax clause must be altered.

            This letter is significant because it shows both that Green-Wood was not able to immediately get the local endorsement from the Brooklyn Corporation and the Mayor of Brooklyn that it initially thought it would be able to obtain.  In addition, it also reveals how Mr. Pierrepont and those than ran the cemetery really wanted to pass this amendment bill, even if the clause on taxation needed to be changed for passage.

Item #13: Henry E. Pierrepont to the Hon. Cornelius Bergen, Brooklyn, March 11, 1839

            In this letter, Mr. Pierrepont tells Senator Bergen that Mr. Perry just arrived from the meeting the Brooklyn common council that “unanimously” passed a resolution that recommended that the New York State Legislature “free the Greenwood Cemetery from Taxation” and that the Mayor was commanded to inform Mr. Lott about this.  Mr. Pierrepont says to Senator Bergen that the bill should be passed only with the clause exempting it from taxation.  If it is opposed by Mr. Lott because of the clause, Mr. Pierrepont states that he wants the bill amended in the Senate and returned to the House, but he hopes that the resolution from the Common Council of Brooklyn will influence Mr. Lott to stop opposing the bill’s passage.

            This letter is significant because it provides evidence that Greenwood Cemetery obtain support for their request for tax-exempt status.  This reveals that their appeals for local support toward this end were eventually successful.

Item #14: Letter from J. A. Perry to Mrs. Bergen, Office of the Green-Wood Cemetery, February 9, 1847

            J. A. Perry states in this letter to the widow of Senator Bergen that the Board of Trustees of the Green-Wood Cemetery approved a burial lot to be given to Senator Cornelius Bergen (deceased) and his family in honor of his services to the Green-Wood Cemetery.

            This letter is important because it shows that those that ran the Green-Wood Cemetery wanted to honor Senator Bergen for helping to pass the cemetery’s Act of Incorporation and subsequent amendments by giving his family a free burial lot in the cemetery to use for family burials.

Folder 3: Amendments to Act of Incorporation (1850-1853)

Item #15: “An Act further to amend an act entitled “An Act to incorporate the Greenwood Cemetery” passed April 18th, 1838. Passed April 5th, 1850.”

            This Act to amend the original Act of Incorporation of Green-Wood Cemetery is divided into four sections.  Section 1 states that all burial plots conveyed by the cemetery Corporation that are used for burials become “inalienable” and when holder or proprietor dies it transfer to the ownership of their heirs by law, who have the right to convey ownership of the lots to others, after releasing their plans and having them agreed upon.  Section 2 affirms the rights mentioned in Section 1, so long as they are documented in writing, or in the last will or testament of the holder or proprietor.  Section 3 gives the cemetery Corporation the right to restrict the internments of people or classes of people as the conveyance and holding of lots prescribes.  Finally, Section 4 states that the cemetery Corporation has the authority to “sell and dispose” all or part of the land parcels in Brooklyn bought by them that lies to the north of the southern line of Twenty-Fourth Street (if the line was extended eastward through the cemetery, or within two hundred feet of the southern border line) if the cemetery Corporation decides that this land is not needed by the cemetery for burials, and this selling and disposal releases these land parcels from the restrictions and privileges put on them by being own by the cemetery corporation.

            This document is important because it first establishes the character of used burial lots as “inalienable,” or the right to exist as lots that could not be divided up and used for other purposes.  This document also gives the proprietors of the lots the right to transfer ownership to their heirs, and for these heirs to transfer ownership to other people.  This document also gives Green-Wood the right to restrict internments to certain people or classes, which reveals that Green-Wood was trying to cultivate an image as a cemetery that would not allow burials of less desirable individuals, such as criminals.  This document also gives Greenwood the right to sell and de-accession excess land that it does not need for burials, which indicates that Greenwood was obtaining more authority to handle the property it acquires at this time.  This Act, which was passed in response to a memorial from the Trustees of the cemetery, basically empowered the cemetery corporation to convey and devise burial lots in the cemetery, and to sell off lands located outside the cemetery’s boundaries (Cleaveland, 1866, page 65).

Item #16: “An Act to amend an act entitled “An Act to incorporate the Greenwood Cemetery” passed April 18^th, 1838. Passed June 8^th, 1853.”

            This Act to amend the Act of Incorporation of the Green-Wood Cemetery is divided into six sections.  Section 1 states that the Green-Wood Cemetery can acquire 75 more acres of land than was specified in its original act of incorporation, and can sell and dispose this land, as long as the land falls within the boundaries outlined in Section 2.  Section 2 specifies that no public roads, streets or avenues could be built through the land owned by Green-Wood, and this does not apply to the land outside its boundaries (several different boundary lines of the cemetery are listed.  Section 3 states that the public authorities of the Town of Flatbush had a right to lay out a public highway or road (not to exceed eighty feet in width) along the southeastern boundary of the Green-Wood Cemetery, and that Green-Wood will have to give half of the land required to built the road and pay half its cost.  In addition, fit this proposed road is built parallel to Tenth Avenue in Brooklyn (distant from the cemetery), Green-Wood must give any land necessary to its completion if this land is within its boundaries, and that Green-Wood must pay the cost for the land given, and that the land to the southeast of this highway will be subject to taxes, will not be used for burials, and sold and disposed of by the cemetery Corporation.  Section 4 states that the authorities of the Town of Flatbush to straighten and widen the section of Martenses’ Lane (not to exceed sixty feet in width), and that Green-Wood has to give half of the land required for this work, and pay half the cost for grading this land.  Section 5 states that the Green-Wood Cemetery is not exempt from paying a share of the cost for paving and grading Fifth Avenue in the City of Brooklyn, and that the Green-Wood Cemetery is authorized to pay this cost.  Section 6 states that this Act will take effect immediately.

              This document is important because it shows how the State Government of New York is trying to regulate the growth of the Green-Wood Cemetery.  The New York State Government stated that Green-Wood can only purchase up to 75 more acres of land.  In addition, this document prevents any roadways from being built through property the cemetery owned, helping to establish the cemetery’s borders.  Furthermore, it mandates that Green-Wood give some of the land and pay the cost of several roadways that may be built near the cemetery, making Green-Wood not exempt from helping to pay for municipal road improvements.  Basically, this Act gave the cemetery corporation the power to hold the land it recently obtained, and reaffirmed the significant law that “no public road, street, or avenue shall be laid out, or opened over, upon, or through the lands of the Corporation,” specifically referring to the avenues and streets where this statue does not apply (Cleaveland, 1866, page 75).  The Act gives the government of Flatbush in Brooklyn the permission to construct a public highway along the cemetery’s southeastern border, and outlined the responsibilities of the cemetery if this roadway was opened (Cleaveland, 1866, page 75).  This same government was also empowered by this Act to widen and straighten Martense’s Lane, with the cemetery charged with giving half the land for this effort and to construct the road (Cleaveland, 1866, page 75).  Finally, this Act gave the cemetery corporation the authority to pay the assessments for the paving and grading of Fifth Avenue on the parts of this avenue that are next to the cemetery’s borders (Cleaveland, 1866, page 75).  The permission for the southeasterly road given to Flatbush expired after five years (as the Act stipulated) by 1858, so no road was built, however, Martense’s Lane was both straightened and widened in conformance with this Act in 1853 (Cleaveland, 1866, pages 75-76).

Folder 4: Amendments to Act of Incorporation (1862-1878)

“Handwritten Copy of a Notice (same as Item #3, but missing receipt from newspaper printer and proprietor) from the Commissioners of the Green-Wood Cemetery Corporation published on the 18th, 19th, 26nd, and 27th of October 1838 by “Lee”, printer and proprietor of the N. Y. American”

            This notice states that on October 18, 1838, the Commissioners of the Green-Wood Cemetery Corporation announced that the books for subscriptions to stock in the corporation will be opened on Saturday, November 3, 1838 for subscribers.

            This document is important since it documents the first time it was announced that Green-Wood Cemetery was opening its books for subscribers to buy stock in the corporation to purchase burial lots.

Item #17: “An Act: To authorize the Greenwood Cemetery to sell and dispose of a gore of land owned by them, contained in the block bounded by the Fifth and Sixth Avenues and Seventy third and Seventy fourth streets. Passed April 8, 1862.” (Certified Copy)

            This Act has two sections.  Section 1 authorizes Greenwood Cemetery to sell and dispose of a “gore” of land that they own between Fifth and Sixth Avenues and Seventy-Third and Seventy-Fourth Streets, which they do not need for cemetery purposes, and to release this land when sold from all restrictions and privileges that it would have if owned by Green-Wood.  Section 2 states that this Act will take effect immediately.

            This document is important because it shows that the Green-Wood Cemetery was managing its land by selling off parcels it did not need.  The definition of a “gore” of land is usually a triangular-shaped piece of land outside the land originally surveyed.  Green-Wood may have wanted to sell this land because its shape was not conducive for burial lots and it was outside the cemetery’s boundaries.

Item #18: “Chapter 27b. An Act to alter the Commissioner’s Map of the City of Brooklyn, Passed April 17, 1862 – three’ fifths being present.” (Certified Copy)

            This Act is divided into five sections.  Section 1 states that the section of Twenty-Fourth Street in the City of Brooklyn that is east of Sixth Avenue is now closed and discontinued.  Section 2 states that Twenty-Fifth Street east of Fifth Avenue is also closed and discontinued.  Section 3 states that Twenty-Sixth Street east of Fifth Avenue is closed and discontinued.  Section 4 states that Sixth Avenue on the southern side of Twenty-Fourth Street and the southern side of Twenty-Fifth Street is closed and discontinued.  Section 5 states that this Act will go into effect immediately.

            This document is significant because it shows how the Green-Wood Cemetery was starting to change the Map of Brooklyn itself at this time.  The document outlines the areas of road that will be closed off and demolished.  This seems to be in response to a previous Act that amended the Act of Incorporation of the Green-Wood Cemetery so that no roads, streets, or avenue could be built through cemetery-owned land.  This Act is referring to a tract of land purchased from Mr. Robert Martin and added to the northwestern corner of the cemetery in 1862 (Cleaveland, 1866, page 97).  The reason this land was needed was to give easy and direct access to the ground located east of it and served to straighten the boundary of the cemetery at this location and made it more symmetrical (Cleaveland, 1866, page 97).  The closing of Twenty-Fifth Street and Sixth Avenue as a result of this purchase allowed choice land in this area to be turned into lots for burial purposes, and was considered at the time of its purchase as one of Green-Wood’s most valuable accessions of land (Cleaveland, 1866, page 97).

Item #19: “Chapter 161. An act to enable the Greenwood Cemetery to straighten a portion of its boundary line, and for that purpose to acquire and hold three gores or pieces of land. Passed March 21, 1865.”

            This act gives the Green-Wood Cemetery the authority to buy more land.  Section 1 authorizes Greenwood Cemetery to buy two gores of land to the southwest of the cemetery (the Act goes into their border details) and one gore of land from the Commissioners Map of the City of Brooklyn to the north of the cemetery’s boundary line (the act goes into its complex border dimensions).  It also authorizes these three parcels of land to have the same privileges and to be used for the same purposes as other land in the cemetery, and that no avenue, street, road, or square can be laid out on these parcels of land.  Section 2 states that this Act will take effect immediately.

            This document is important because it documents a large amount of land acquisition by the Green-Wood Cemetery.  The fact that these parcels of land are outside the cemetery’s traditional boundaries indicates that the cemetery is growing at this time.

Item #20: “Chapter 94. An Act To amend an act entitled “An Act to alter and amend an act to incorporate the Greenwood Cemetery” passed April eleventh, eighteen hundred and thirty-nine, in relation to the election of trustees. Passed March 16, 1867”

            This Act is divided into two sections.  Section 1 states that if one-third of the proprietors of the Green-Wood Cemetery do not meet to vote in person or proxy for an election, then the trustees of Green-Wood Cemetery will be chosen by the existing trustees or a majority of them, that trustees hold their position as trustees until successor trustees are qualified and elected.  In addition, if an election for trustees does not occur for any reason, then another election should be held not more than sixty days after the failed election where trustees will be appointed by the existing Board of Trustees.  Section 2 states that this Act will go into effect immediately.

            This Act is significant because it explains how trustees for Greenwood Cemetery will be chosen if an election by the proprietors does not vote for new trustees.  This Act gives the existing Board of Trustees the right to appoint new trustees if an election to vote for them is not held, and the right to schedule a new election for trustees if the election is cancelled for whatever reason.

Item #21: “Chapter 760. An Act To amend chapter seven hundred and twenty-seven of the laws of eighteen hundred and sixty-nine, entitled “An act authorizing cities and villages to acquire title to property for burial purposes, and to levy taxes for the payment of the same,” passed May sixth, eighteen hundred and sixty-nine. Passed May 9^th 1870.

            This Act is divided into three sections.  Section 1 gives the common council of any city, the trustees of any incorporated village in New York State, “or the trustees of any incorporated rural cemetery association” in instances when any of these entities needs land for burials, to have the right to purchase the titles for these lands, as long as these lands are empty and have no buildings on them in excess of $500 in value.  Section 2 states that if these entities cannot agree with the owner of the lands for purchase, they can refer to Chapter 140 of laws 1850 of “An act to authorize the formation of railroad corporations, and to regulate the same,” along with this act’s amendments and supplements.  In addition, the amount paid for this land by a city or village, along with maintenance, fencing, and improvement expenses, will be assessed and collected in a tax in the same way that taxable property in cities or villages are assessed and taxed.  Concerning rural cemetery associations, this amount will be raised and paid off as part of the other expenses of the association.  Finally, Section 3 gives the common council of a city and the board of trustees of a village the right to borrow the amount of money provided by Section 2 of this act in order to buy a lot of land and obtain a title for it.

            This Act is important because it gives a rural cemetery association (such as the Green-Wood Cemetery) the right to obtain a title for the land that it buys for the first time.  This means that the Green-Wood Cemetery, as a rural cemetery association, now has a right that both the common council of cities and the Board of Trustees of villages have.

Item #22: *(1878 Copy) “An Act to Amend Chapter 94 of the Laws of 1867 entitled “An act to amend an act to incorporate the Greenwood Cemetery passed April 11th 1839 in relation to the election of trustees.”

            This Act is divided into two sections.  Section 1 amends the first amended Act of Incorporation of the Green-Wood Cemetery from April 11, 1839 to add to Section 2 of this document to state that if the five hundred proprietors of Greenwood Cemetery do not come together for an election of new trustees, new trustees will be selected by the existing trustees or two-thirds of them, and that trustees will hold their positions until qualified trustees are elected to replace them on an appointed day for that purpose.  Section 2 states that this Act will go into effect immediately.

            This Act is important because it changes how the Trustees of the Green-Wood Cemetery are elected.  It specifies the number of proprietors required for an election, and the rights of current trustees to retain their positions until new trustees were elected.

Folder 5: Proposal to Legislature (1839)

“Handwritten Copy of a Notice from the Commissioners of the Green-Wood Cemetery Corporation published on the 8th, 12th, 15th, 19th, and 22nd of November 1838 by Edwin B. Spooner, printer and proprietor of the Long Island Star”

            This notice states that on November 8, 1838, the Commissioners of the Green-Wood Cemetery Corporation announced to its stockholders that there will be an election on Saturday, November 24, 1838.

            This document is important since it documents the first time it was announced that the Commissioners of Green-Wood Cemetery was conducting an election.  In addition, this was the first meeting of the stockholders of the cemetery company (Cleaveland, 1866, page 16).  This November, 24, 1838 meeting, was held at the office on Hanover Street of Messrs. Le Roy and Perry, and the list of Directors elected at this meeting is as follows: Jonathan Goodhue, Stephen Whitney, Robert Ray, Thomas Ludlow Ogden, Charles King, Peter Schermerhorn, Jacob R. LeRoy, Russell Stebbins, Pliny Freeman, David B. Douglass, A. G. Hammond, Daniel Embury, George S. Howland, Henry E. Pierrepont, and Joseph A. Perry (Messrs. Goodhue, Whitney, Schermerhorn, Douglass, Hammond, and Embury are all buried in Green-Wood Cemetery) (Cleaveland, 1866, page 16).

Item #23: (Draft) Proposal to the New York State Legislature (1839) *(Candidate for Transcription)

            This Memorial (a summary of the Committee from Greenwood Cemetery, including Henry E. Pierrepont, that addressed the State Legislature) to the New York State Legislature first recounts how the Directors of the Green-Wood Cemetery have established themselves as a rural cemetery in Brooklyn on two hundred acres on land drawn on the Commissioner’s Map of the City of Brooklyn with the consent of the Common Council of the City of Brooklyn.  The document then states that the directors are now aware of certain legal provisions that they did not know when the cemetery was originally incorporated.  It says they originally thought a joint-stock company was the only way to make this venture feasible, but they see this now as an error, and they want to change Greenwood Cemetery into an “incorporated trust” (and their stockholders are willing to relinquish their shares in order to do this).  In addition, they strongly emphasize that the cemetery will exclude the for-profit mentality entirely from the way it is run, and asks the Legislature to grant them the same powers to maintain their cemetery as have been granted to other similar institutions, and to make the cemetery tax-exempt.  They explain how it is the traditional duty of the living to care and maintain the remains and memory of the dead and that in New York City the carrying out of this responsibility has been difficult, and that they hope their call for aid will be heeded by the Legislature.  The document is also signed by Henry E. Pierrepont, one of Greenwood’s founders.  There is also an appendix, an extract from the minutes of the Common Council of the City of Brooklyn, March 11^th, 1839.  This is a copy made from these minutes from September 10, 1839 by Theodore Eames, a clerk.  This appendix explains that the Mayor of Brooklyn stated that the bill in the New York State Legislature had a provision for tax-exempt status for the Green-Wood Cemetery, and that their representatives in the Legislature wanted to know what the Common Council of Brooklyn thought on the matter.  After considering the matter, Alderman Underhill of this Council stated that is was resolved that the Green-Wood Cemetery would have tax-exempt status as long as it remained a place for burials.

            This document is important for two reasons.  First, the Memorial itself documents the argument of the speech that the Committee from Green-Wood presented to the Legislature, showing evidence of their views on changing Green-Wood to a non-profit entity.  Second, the appendix of this document also shows how the Common Council of the City of Brooklyn was influenced to support Green-Wood’s tax-exempt status when they heard their representatives were behind it.

Folder 6: City Council of Brooklyn (1852-1895)

“Handwritten Copy of a Notice from the Commissioners of the Green-Wood Cemetery Corporation published on the 7th and 17th of November 1838 by “Lee”, printer and proprietor of the N.Y. American”

            This notice states that on November 8, 1838, the Commissioners of the Green-Wood Cemetery Corporation announced to its stockholders that there will be an election on Saturday, November 24, 1838 for the election of 15 directors.

            This document is important since it documents the first time it was announced that the Commissioners of Green-Wood Cemetery was conducting an election to elect the Board of Directors that would help to run the Cemetery.

Folder 6: City Council of Brooklyn (1852-1895)

Item #24: “Copy of memorial to city of Brooklyn respecting taxes, March 17, 1852”

            This memo was presented to the Mayor and Common Council of the City of Brooklyn in order to exempt the Green-Wood Cemetery’s land from taxes.  This document cites four major tracts of land that had been taxes in the 1850s, but will no longer be entered into the tax books for tax collection.

            This document is interesting because it shows that the Green-Wood Cemetery’s tax-exempt status was not immediate when it was granted in 1839.  There were some tracts of land that were still taxed by Brooklyn that it owned in the 1850s.

Item #25: *No Date (1850s?) Argument from the Green-Wood Cemetery for ownership of certain blocks of land and a record of how much these lands were taxed

            The first page of this document argues how and when Greenwood Cemetery bought certain blocks of land, to prove that they should not be taxed since they are burial grounds.  The document cites such instances as a wooden picket fence looking like another nearby not on cemetery property and cows being allowed to graze on the unused cemetery property (to help maintain the grounds) as possible reasons these blocks were mistaken as not being used for burials (and therefore eligible for taxation).  The second page documents how much each block of land was taxed.

            This document is significant because it shows how Green-Wood’s borders were not well-defined in its earliest years.  Brooklyn’s government tried to tax some of the cemetery’s properties because they were not immediately used for burials.

Item #26: “Memorial to the Common Council respecting viaducts. Dec. 15, 1858.”

            In this memo, J. A. Perry, the Comptroller of the Green-Wood Cemetery explains that the Trustees of the cemetery will abandon the entrance to the cemetery on Fifth Avenue, due to its high grade, unless an arched entryway can be made under the avenue.  He and the trustees request that the Mayor and Common Council of Brooklyn permission to construct a viaduct and archway for this entrance that is seventy feet wide, and to also build a carriageway and sidewalks by this entrance as well.

            This document is important because it provides evidence of a cemetery improvement (a better entryway for visitors).  In addition, it also shows how the Green-Wood Cemetery working with the Brooklyn City government, asking their permission before building this necessary viaduct.  Since Fifth Avenue had been extended on the western side of the cemetery, it was necessary to either close off the western entrance to the cemetery or to built an archway or bridge to keep it open (Cleaveland, 1866, page 82).  The Trustees of the cemetery stated: “In justice to numerous proprietors, who have taken lots and made costly improvements in that vicinity, with the expectation that the entrance would always be kept open, the Trustees did not feel that they could close it. The convenience, also, of an increasing population around and below it, as well as that of visitors generally, required that this gate should always remain for egress as well as ingress” (Cleaveland, 1866, page 82).  The Standing Committee of the Green-Wood Cemetery Corporation was instructed to complete the work required to keep this western entrance open (Cleaveland, 1866, page 82).

Item #27: “Copy of petitions to the Common Council for tales of lots for taxes to be collected July 26, 1859 (The lots within described were redeemed by order of the Common Council July 16, 1860).”

            This memo by J. A. Perry, the Comptroller of the Green-Wood Cemetery, states that four tracts of land that are within the cemetery’s borders have been sold since they were taxed, and he requests that the said sales be cancelled and the taxes for 1858 remitted by the Common Council.

            This document is important because it shows how Green-Wood tried to deal with certain properties that it owned which were being taxed (by selling these lots).

Item #28: “Feb. 27, 1864. City Council of New York. J. A. P.”

            This note is written by J. A. Perry, who explains that the Cemetery obtains it revenues and rent from the land it owns, which is being taxed, and that this land is exclusively used for cemetery purposes.

            This not is significant because it documents that the Green-Wood Cemetery needed to defend its tax-exempt status for the properties it owned (probably due to the fact it was holding this land and not burial had yet occurred on these lots).

Item #29: “Copy of Memorial to Commissioner of Taxes – Feb. 1864.” “To the Hon. Hugh O’Rorke.” *(Candidate for transcription).

            This petition, written by J. A. Perry, the Comptroller of the Green-Wood Cemetery, outlines the rights and demands of the cemetery.  Its first page states that the cemetery was granted a charter to establish a burial ground in Brooklyn, that they can take and hold (and have taken and held) 400 acres of land, and that the amended charter gave the cemetery the right to have its property within its border fences exempt from all public taxes as long as this land is dedicated for use as a cemetery.  The second page explains that the petitioners claim that certain lands (which are listed) were taxed mistakenly, most likely because those collecting taxes were ignorant of what was stated on the first page.  In addition, they also list certain lots which are not owned by them but were taxed as their property.  On the third page, they explain that some of their property is used to obtain manure through a relationship with a milk dairy farm, where the cows were allowed to graze on the land in return for the manure they provided.  The petition explains that this manure is mixed with vegetable matter from other parts of the cemetery’s lands to produce compost that is required to maintain the grounds of the cemetery.  The petitioners also argue that two blocks of land that were taxed were bought by the cemetery to square the cemetery’s borders and are part of the cemetery property within their exterior fences.  The fourth page states that two lots were taxed but owned by the cemetery, that a third lot was taxed, except that its fence was not completed yet (so the assessors probably though Green-Wood did not own it), and that two more lots were erroneously taxed that Green-Wood bought to protect the approach and privacy of the cemetery.  In addition, it states that the petitioners have shown that the grounds mentioned are used for cemetery purposes (thus eligible for tax exemption) even though this land has not been divided into plots and sold for burials yet.  In addition, on the fifth and final page, the petitioners promise that they will use the property they have for cemetery purposes, and grade the land and build roads and plant shrubs and trees to make it a desirable place to bury the dead.  Also, the petitioners ask the Commissioner on Taxes to cancel the previous erroneous taxes.

            This document is significant because it shows the Green-Wood Cemetery defending their tax-exempt status.  This shows that Green-Wood was not using all its lands immediately for burials, which led to this defense.  It is also interesting that this document shows that they had a working relationship with a milk dairy.  Due to this relationship, they were able to make compost to keep the lands of the cemetery fertile.

Item #30: “Copy of letter to Hon. John Brice, President of the Board of Alderman, 14 March, 1866, Re Soldiers’ Monument.”

            This letter was written by J. A. Perry, the Comptroller of the Green-Wood Cemetery, about a monument in the Green-Wood Cemetery to those that died in the Civil War.  It first states that the application for a Civil War memorial to those from the City who were killed in battle in the Civil War from the Common Council was received by the Board of Trustees of the Green-Wood Cemetery at their March 14, 1866 meeting.  They quickly made the following resolutions: 1. That they approved a site for the monument to be built by the Common Council of the City of New York “free of charge;” 2. That the Comptroller be authorized to carry this resolution into effect and to give the Common Council an account of these proceedings.  Mr. Perry explains that an appropriate spot for this monument will be a lot the cemetery set aside in May of 1862 for burials of New York State Civil War dead, that there were already some war graves at the time, and there was space on a hill for the monument.  In addition, Mr. Perry says that this position would make the proposed monument visible in all direction and was very accessible since it was near the main entrance of the cemetery.  Also, Mr. Perry notes that the cemetery has the graves of ten officers of the New York Regiment of Volunteers killed in the Mexican War (with painted markers at their graves), and asks if it would be advisable to transfer these remains to the site of the monument and devote a part of it to commemorate the service of these ten officers.

            This document is important because it shows the Green-Wood Cemetery is responding to the end of the Civil War, when many soldiers that died in the war needed their remains to be buried.  This also helps to document the earliest war grave in the Green-Wood Cemetery, for soldiers who died in the Mexican War, and the earliest documentation of a committed place in the cemetery for the burial of soldier who died in wars fought by the United States of America.  The City Council had requested land in the cemetery in 1862, where the Trustees of the cemetery would sell one hundred burial lots for soldiers for soldiers who had died, or may in the future die, during the Civil War (Cleaveland, 1866, pages 98-99).  Despite this proposal, “Knowing how such matters are too often managed, the Board declined entering upon a competition with which private interests and aims would be so likely to mingle” (Cleaveland, 1866, page 98).  In the end, the Board of Trustees declined to bargain with the Alderman on this proposal, but they eventually adopted a resolution on May 28, 1862: “Resolved, That the Comptroller be authorized to appropriate ground without charge, for the internment of all the soldiers of this STATE who shall have fallen in battle, or shall have died from sickness incurred while on duty during the war” (Cleaveland, 1866, page 98).  A tract of land was set aside for this purpose located in Sections 103 and 115 of the cemetery, with room for expansion if needed, and a flagstaff was planned to be erected at this location in the mid-1860s (Cleaveland, 1866, page 98).  By 1866, there were several officers and soldiers buried at this location, as well as in several other locations throughout the cemetery (Cleaveland, 1866, pages 98-99).

Folder 7: Petitions to State Legislature (1846, 1850, & 1878)

“An Act further to amend an act entitled ‘an act to incorporate the Greenwood Cemetery’ passed April 18, 1838.  Passed May 11, 1846 by a two third vote.”

            This amendment to the original charter of Green-Wood Cemetery by the New York State Government changes the landowning privileges of the cemetery.  Section 1 gives the cemetery permission to buy and own more land in the City of Brooklyn and the Town of Flatbush in Kings County, but limits the total land the cemetery could acquire and hold to 125 acres.  In addition, all other landowning privileges of the cemetery from the previous incorporation act will remain in effect.  Section 2 states that this amendment will take effect immediately.

            This item is important because it documents a significant increase in the amount of additional land that the New York State Government officially allowed the Green-Wood Cemetery could both acquire and hold, but imposed limits on this additional land to 125 acres in order to better control the cemetery’s growth.  This amendment was passed in order to enable the cemetery corporation to own more land (Cleaveland, 1866, page 53).

Petitions to State Legislature (1846, 1850, & 1878)

Item #31: “Copy of applications to the Legislature, March 10, 1846. Re additional land.”

            This application from the Board of Trustee of the Green-Wood Cemetery first states the right of the cemetery to hold 200 acres of land (as granted by its charter) and asks the state Legislature if it can amend its charter to allow the cemetery acquire and hold an addition tract or tracts not to exceed 125 acres, since the amount they have now is not adequate for future burials.  It also states that it wants the state to close portions of seven different roads, streets, and avenues on the Commissioner’s Map of the City of Brooklyn so that the cemetery can acquire this additional land.  The petitioners also add that the Mayor and Common Council of the City of Brooklyn have assented to these amendments requested by the petitioners.

            This document is important because it shows that the cemetery needed to expand at this time due to more land needed for burials.  This reveals that the Green-Wood Cemetery was becoming a popular place for people to bury their dead, since more space was needed for future burials.

Item #32: “Copy of Memorial to Legislature for amendments of Charter. March 13, 1850. Inalienability of lots after internments – Right to sell outside lots not used for Cemetery purposes.” (Very illegible - *Candidate for transcription).

            This memorial is a request that the New York State Legislature amend the charter of incorporation of the Green-Wood Cemetery to allow for all lots used for burial to be inalienable, and for the cemetery to have the right to sell plots of land not used for cemetery purposes.

            This document is important because it shows how the Green-Wood Cemetery wanted to regulate their property.  One amendment allows all lots used for burials to be “inalienable” or safe from division and disposal, and the other amendment allows the cemetery to sell unused lots without burials, lessening the amount of land the cemetery needs to maintain if these lots do not have burials.

Item #33: Petition on the Right of the Green-Wood Cemetery to dispose of lands *(Undated)

            This undated petition explains that the Green-Wood Cemetery wants to have the right to sell and dispose of lands outside of its border fence enclosures.

            This document is important because it shows that the cemetery did not want to own and take care of lands outside of its fenced enclosures, where these lands could be mistaken for lands not used for cemetery purposes and taxed (as shown in some of the previous items on this list).

Item #34: “Copy of memorial to the Assembly respecting repeal of the amendments to the charter relating to the election of Trustees. April [2,] 1878.”

            In this document, the Trustees of the Green-Wood Cemetery express that they are against the passage of the bill allowing five hundred votes cast by the proprietors to be sufficient for the election of trustees.  They comment on the praise the cemetery has received in its role as a burial ground, with 22,600 lots sold and 191,000 internments to date.  They state that it is the aim of the cemetery, once sufficient revenues are raised, to establish a fund for the preservation and maintenance of the grounds, graves, tombs, monuments, and shrubberies and trees, stating the cemetery is 400 acres, with 19 miles of macadamized roads, and 14 cleared paths.  They state that the proprietors have been satisfied with the way the cemetery has been run by the trustees, and that except for rules on the death or resignation of members, few votes have been cast in its elections.  They explain how in 1864, the State Legislature passed a law to prevent the cemetery from being taken over by a disreputable monopoly of interests, by declaring that if one-third of the proprietors do not vote in person or proxy, then the current trustees choose the new trustees, will hold their places until new trustees are chosen, and the election will be held not exceeding sixty days after if the election is cancelled by the Board of Trustees.  They conclude by explaining how both the proprietors and the Board of Trustees are not in favor of the bill’s passage and that this bill is “dangerous to the interests of the institution.”

            This document is important because it shows how the Trustees of the Green-Wood Cemetery were concerned about their cemetery being taken over by groups of people with not the best interests of the cemetery in mind.  This document also shows that the cemetery has grown since first incorporated, doubling in size from 200 to 400 acres, and possesses roads and paths and a reputation as a premier cemetery for the burial of the dead.

Folder 8: Senate Investigation of Green-Wood Cemetery (1885)

Henry E. Pierrepont to the Hon. Cornelius Bergen, New York, January 9, 1839

            This letter involves Mr. Pierrepont asking Senator Bergen to amend the previous Act of Incorporation of Green-Wood Cemetery, which he thanks Bergen for helping to pass.  He is sending him a memorial and a draft of the amendments requested for the Act, and hopes Bergen will introduce and help to pass these amendments soon, suggesting that Senators Furman and Verplank will be supportive of its passage.  He also makes clear that the Cemetery’s requested amendments are based on the charter of the Mount Auburn Cemetery, and that the Cemetery is aiming to be a “purely benevolent” institution, and not created for “gain or speculation.”

            This letter is important for various reasons.  First, it shows how the charter of the Mount Auburn Cemetery influenced the amendment of Green-Wood’s Act of Incorporation, since Mr. Pierrepont used it as a reference.  Also, it shows how Mr. Pierrepont both lobbied for amendments to the Act, and wanted to change the character of the cemetery from a for-profit to a non-profit institution.

Folder 8: Senate Investigation of Green-Wood (1885)

Item #35: “Charges by Wilson and Report of Legislature Committee – 1885 1.”

            This item is an empty envelope: no significance.

Item # 36 and #37: *(Both are the same Report, one has a cracked front and back cover, the other has no cover) “State of New York. No. 51. In Senate², May 6, 1885. Report: Of the Committee Appointed to Investigate Certain Charges in Relation to Greenwood Cemetery.”

            This report chronicles how the Green-Wood Cemetery was investigated on charges by the New York State Senate.  A commission was appointed to look into these charges by the Senate.  Apparently, they were brought up by a “Mr. Wilson” who was annoyed that the plot at Green-Wood was too small for his wife’s coffin (since his undertaker apparently sent in the wrong measurements to Green-Wood for the grave).  The Commissioners found no evidence of mismanagement on the cemetery’s part, and witnesses testified in the cemetery’s favor, with the commission finding no evidence of mismanagement.  The lawyer of Mr. Wilson also wrote a statement about the financial management of the cemetery and the charges.  Joseph S. Wood, the attorney for Charles H. Wilson (and William A. Miles) argued in his statement that basically his clients were accusing the cemetery of mismanagement in terms of waste and extravagance since the cost of maintenance of the cemetery grounds was not as much as the cemetery claimed, using Woodlawn cemetery as a comparison (this cost was paid by the trust of the cemetery, which used any surplus funds to maintain the grounds.  The cemetery wrote a response to the charges, claiming that the comparison with Woodlawn was not valid, since Green-Wood had more acres than Woodlawn to maintain.  In addition, they noted with their records that proved the costs that needed to be paid by the trust fund.  Also, they claimed that maintaining the grounds were difficult, since they had to maneuver around graves and markers, often using a sickle.

            This report is significant because it shows how the cemetery met its first legal lawsuit.  It actually used its records to prove its innocence.  In addition, it is interesting to see how the cemetery maintenance has changed with the addition of new graves, with the groundskeepers needing to be sensitive to the structures on the grounds.

Item # 38: Draft of 1885 Response of the Green-Wood Cemetery to the Charges of Mismanagement

            This handwritten response was written by the Comptroller of the Green-Wood Cemetery.  He describes the most recent financial expense for the cemetery from 1883 and 1884 to show the true expenditures required to maintain the cemetery.  He states that the charges of waste and extravagance on the part of the cemetery’s managers are “untrue.”  One of the biggest arguments he makes is that the costs for maintenance of the grounds is really as large as they claim, due to the fact that there are more graves, headstones, and plantings in the cemetery, with most of the grounds with burials, which require more work to mow the grass and maintain.

            This document is significance for a few reasons.  First, it is a draft of the cemetery’s defense to the mismanagement charges, and shows additions and edits to their argument.  Second, it shows how the cemetery has grown since its founding, with most of its acreage taken up by graves, monuments, and plantings.

Item #39: C. M. Perry’s (Comptroller) Report on the Charges made against the Green-Wood Cemetery, March 16, 1885

            This document was written by the Comptroller of the Green-Wood Cemetery, C. M. Perry, where he describes the personal reason why the charges were brought against the cemetery.  The undertaker for Mr. Wilson, who brought the charges, had given measurements too small for the grave dug.  This led to Mr. Wilson stopping the internment, keeping his wife’s coffin in the receiving tomb until May.  The comptroller notes his preparations for the defense against these charges.

            This account is important because it tells Green-Wood’s side of the story, saying how they offered to make the grave larger to fit the coffin, which was refused by Mr. Wilson.  In addition, the Comptroller notes how in the 45 years of the cemetery, this was the first documented complaint against it, and reveals how the charges were brought less due to the misuse of cemetery funds required for maintenance and more due to the vindictiveness of Mr. Wilson, who was annoyed that the grave for his wife was not du with the right size specifications.  Also, it documents how matting was beginning to be used for the ground near graves, and how graves were dug even when the ground was frozen in February.  In addition, this account also reveals that it was the comptroller who helped get witnesses for the case in Green-Wood’s favor, by obtaining witness accounts from the cemetery grounds staff who worked on the burial.

Folder 9: Senate Hearing on Taxation of the Green-Wood Cemetery (1892)

Henry E. Pierrepont to the Hon. Cornelius Bergen, New York, January 25, 1839

            This letter was written by Mr. Pierrepont to Senator Bergen repeating his request for support to pass the proposed amendments to the Act of Incorporation.  He thanks Senator Bergen for paying attention to the memorial he sent to him with the previous letter, and makes it clear that Green-Wood Cemetery wants to be “disconnected” from objectives toward financial gain.  He describes meeting with Judge Story of the Mount Auburn Cemetery, other Directors have went to Philadelphia and Baltimore with a similar aim of acquiring information, and he went to the Pere la Chaise in Paris to observe it.  In addition, he cites local support from the lower districts of New York City for Green-Wood’s success, and the positive resolutions passed by Brooklyn’s Common Council when the cemetery applied for boundaries that were laid on the Map of the City.  Mr. Pierrepont says he will come to Albany himself to lobby for the amendments if necessary, claiming that the intentions of the cemetery previously were misunderstood: even though the cemetery started off with the for-profit joint-stock model, it wanted now to become a non-profit institution.  He even notes how Mr. George Wood and Gerrit G. Van Wagenen have prepared a draft of the amendment bill, which he hopes will be presented for passage soon.

            This letter is important because it shows how those involved with Green-Wood lobbied for it to become a non-profit institution.  Mr. Pierrepont stresses the cemetery’s commitment to become a non-profit entity, even offering to come to Albany to lobby for it.

Folder 9: Senate Hearing on Taxation of the Green-Wood Cemetery (1892)

Items #40 and #41: (Both are the same letter) Letter to the Hon. Amasa Parker, 31 Nassau Street, New York, March 25, 1892 from B. D. Silliman

            In this letter, B. D. Silliman (a Trustee of the Green-Wood Cemetery and the one who introduced its bill for incorporation) asks the Hon. Amasa Parker (Chairman of the Senate Committee on Taxation &c.) to postpone its hearing on taxing Green-Wood until after April 9^th when ex-Judge Jasper W. Gilbert (President of the cemetery) can attend the meeting after he returns from his trip in the Southern United States.  Mr. Silliman also outlines that the cemetery (under its charter) is still a non-profit institution that uses surplus funds as a trust fund to maintain the cemetery grounds.

            This document is significant because it shows how the cemetery is again arguing that it is a non-profit entity, and that it wanted its President to defend its tax-exempt status.

Item #42: Letter to the Hon. Joseph Aspinwall, 31 Nassau Street, New York, March 26, 1892 from B. D. Silliman

            In this letter, B. D. Silliman again explains the non-profit status of the Green-Wood Cemetery and argues in defense of it.  He also explains how the cemetery is even more of a non-profit entity as “a sacred public ground” due to its number of burials and the opinion of the general public.  He asks Aspinwall to prevent the passage of any act that will affect the cemetery, and if the meeting to discuss taxing the Green-Wood Cemetery cannot be postponed to April 9, he will arrange a proxy to come to the meeting.

            This letter is significant because it documents Mr. Silliman lobbying on the cemetery’s behalf, asking another legislator, Aspinwall, to help defend it.  It is also interesting because this is the first time a document notes the cemetery as “a sacred public ground,” indicating that the cemetery now has a new image in the opinion of the general public.

Item #43: Letter to the Hon. B. D. Silliman, 31 Nassau Street, New York, March 28, 1892 from B. D. Silliman (with three telegraph responses)

            In this letter, Amasa J. Parker describes how he cannot postpone the meeting about the taxation of the Green-Wood Cemetery, since the Legislature is interested in this subject, and that they do not want to affect the cemetery but deal with the taxation of cemetery property that the cemetery is exempt under state law.  In the first telegram, J. W. Gilbert writes to Parker from Atlanta, Georgia, asking if the hearing on taxation will be adjourned and until what day.  Parker responds in a second telegram that the meeting will be adjourned for one week, if Gilbert attends.  In the third message, sent at 5 pm on April 7, Gilbert says that he will.

            This document is important because it shows the interest the State had in this taxation issue with the cemetery.  It also documents the back-and-forth between Parker and Gilbert over when to hold this important hearing.

Item #44: Telegram from Amasa J. Parker to J. W. Gilbert, March 28, 1892

            In this telegram, Amasa J. Parker tells J. W. Gilbert that he will adjourn the hearing on the Green-Wood Cemetery’s taxation for one week if Gilbert attends.

            This telegram is important since it shows that Parker was willing to delay the hearing until the Green-Wood Cemetery could have their best representative testify, revealing that he was willing to address the cemetery’s concerns.

Item #45: Telegram from Amasa J. Parker to J. W. Gilbert, April 6, 1892

            This telegram says to Gilbert “You need not come.”

            This telegram is important because it documents when Parker decided to not require Gilbert to attend the hearing.

Item #46: Letter to the Hon. J. W. Gilbert from Amasa J. Parker, April 6, 1892

            In this letter, Amasa J. Parker tells J. W. Gilbert that he does not have to come to Albany for the hearing on the taxation of the Green-Wood Cemetery.  The hearing has been canceled and instead a report will be drawn up by the committee by next week.

            This document is important because it canceled the hearing where if the Green-Wood Cemetery had not defended itself well, it might have lost its tax-exempt status.

Item # 47: “Correspondence etc. with Chairman of Senate Committee on Taxation – April 1892 - 1.”

            This item is an empty envelope: no significance.

Item #48: Letter to Jasper W. Gilbert from Amasa J. Parker, April 9, 1892

            In this letter, Amasa J. Parker tells Jasper W. Gilbert that the committee has not drawn up the report yet, but that this report will not contain anything that will be harmful to the Green-Wood Cemetery.

            This letter is significant since it shows Parker’s concern that the committee’s report will not be harmful to the Green-Wood Cemetery.

Item # 49: “Senate Resolution re taxation of Cemetery land [January 22] 1892 2”

            This Resolution gives the Committee on Taxation and Retrenchment the authority to investigate the holdings of land of cemetery associations and corporations, due to the fact that it was suspected that these groups were holding land for profit and that this was unfair to New York taxpayers.  The Resolution also mandates that this committee will report on its findings.

            This Resolution is significant because it documents why New York State investigated the Green-Wood Cemetery at this time.  There was concern that cemetery associations were not holding lands for burials, but for speculative profit instead.

Item #50: Notice from Amasa J. Parker to Charles M. Perry, Albany, March 24, 1892

            In this notice, Amasa J. Parker (Chairman) is writing to Charles M. Perry to tell him that he needs to attend the hearing of the Committee on Taxation and Retrenchment in Albany, New York, on March 31, 1892, at 7:30 pm in order to be questioned by the committee.

            This notice is important because it announced that someone from the Green-Wood Cemetery (Perry) was being called to testify at this committee’s hearing, meaning that the committee wanted to investigate the cemetery’s land holdings.

Item #51: “An Act: To render the real estate of the Greenwood Cemetery in the county of Kings, liable to assessments for local improvements.” (1892?) *(There are two undated news clippings attached to this Act, one explains what the Committee on Taxation and Retrenchment was authorized to do by the New York State Legislature, and the other is a transcription of the Act)

            This Act is divided into two sections.  Section 1 explains that the cemetery’s corporation and its property will now be liable for taxes for local improvements passed by the City of Brooklyn or otherwise, provided that the assessments of these taxes do not disturb the title of private citizens to the lots or parts of lots in the Green-Wood Cemetery.  Section 2 states that this Act will take effect immediately.

            This Act is important because it changed the tax-exempt status of the Green-Wood Cemetery.  Rather than being completely tax-exempt, the cemetery now can be taxed if these taxes are passed to pay for local improvements in the City of Brooklyn.

Folder 10: Act for Land Exchange (1896)

Folder 10: Act for Land Exchange (1896)

Item # 52: “An Act: Authorizing Green-Wood to exchange, acquire + convey land to straighten its boundaries March 5, 1896 1”

            This Act is divided into two sections.  Section 1 explains that the Trustees of the Green-Wood Cemetery now have the right to exchange, buy, or sell land in order to straighten the boundaries of the cemetery.  However, they do not have the right to do this if it affects or impairs the interest of any owner that owns any lot in the cemetery.  Section 2 states that this Act will take effect immediately.

            This Act is important because it extends the right of the Green-Wood Cemetery to manage its landholdings in order to create a cemetery with straighter boundaries (and therefore easier to maintain), but not at the expense of those that already own lots in the cemetery if these owners do not want the land in question exchanged, bought, or sold.

Folder 11: Senate & Assembly Act Amendments (1873-1897)

Folder 11: Senate and Assembly Act Amendments (1873-1897)

Item # 53: “Copy of an Act to authorize Cemeteries to acquire additional land, 1873” Passed May 8, 1873 *(amendment to the 1870 Act that referred to acquiring the title to real estate for burial purposes)

            This amendment of an Act is divided into two sections.  Section 1 explains that Section one of the previous Act of 1870 will read in the 1873 Act that any city common council, village trustees, or incorporated cemetery association in New York State (even though the cemetery is outside the limits of cities or villages) has the right to obtain by deed or other means, the land needed for burial purposes, and to hold land as well with the same rights, privileges, and authority and to have this land be subject to the liabilities of the other lands held by a city council, village trustees, or cemetery association.  Section 2 states that this Act will take effect immediately.

            This Act is important because it gives each of these three governing bodies (city council, village trustees, or cemetery association) equal right to acquire and hold land for burial purposes.

Item #54: “An Act authorizing the formation of rural cemetery associations, passed April 27, 1847. with amendments up to the year 1860.”

            This Act is divided into 19 sections.  Section 1 explains that these associations can be formed, their style, trustees, and how they are classified.  Section 2 states how a Certificate of Incorporation should be made and recorded.  Section 3 explains how the corporation should be recorded after the certificate is passed.  Section 4 states that the association can only obtain and hold no more than 200 acres, to be surveyed &c., how plots of land should be sold, and that the association may hold personal property.  Section 5 states how trustees should be elected.  Section 6 explains that trustees should report annually.  Section 7 states that lots are indivisible and discuss the payment for lands.  Section 8 explains how the consent of the board of supervisors in Kings, Westchester, and Queens Counties must be obtained to possess land for cemetery purposes in these regions.  Section 9 states the ecclesiastical organizations that can use burial grounds in these regions for burial purposes.  Section 10 outlines how the boards of supervisors of these three counties can create regulations for burials in these cemeteries.  Section 11 explains that incorporated cemetery associations need to apply to a board of supervisors to use land for cemetery purposes, what this application should contain, and what proceedings need to be held before the land can be used for burial purposes.  Section 12 states that Section 1 and 2 of this Act will apply to all cemetery associations created after the passage of this Act.  Section 13 explains the penalty for willfully trespassing on cemetery property &c.  Section 14 states that the cemetery association may hold land in trust for the embellishment of the cemetery.  Section 15 explains that the cemetery is tax-exempt, is no liable to sale on execution, and that streets cannot be laid through it.  Section 16 explains the transfer of lots to individuals that these lots are inalienable in certain instances, and that sales of lots can be made without filling in the map of the lot.  Section 17 authorizes the Legislature of the State of New York to alter or repeal this act if it decides to.  Section 18 amends the 1847 law by changing the amount of square feet a person must own in the cemetery in order to cast a vote for the election of trustees from four hundred to two hundred square feet.  Section 19 explains in a proviso that this Act will not affect cemetery associations that were formed under the previously amended Act before this Act was passed

            This Act with its amendments is important because it codifies how rural cemetery associations were organized in the State of New York by 1860, by laying down sections that explained the rules governing the formation and operation of these associations.

Item #55: “1873 – Chapter 452. May 8, 1873 2: ‘AN ACT to amend section one of chapter seven hundred and sixty of the Laws of eighteen hundred and seventy, in reference to acquiring title to real estate for burial purposes.”

            This amendment Act is divided into three sections.  Section 1 revises chapter 760 of the 1870 Laws to basically state that any common council, trustees of an incorporated village, or a incorporated cemetery association (without the word “rural”) in instances where any of these three groups needs land for burial purposes, can acquire or buy the title to this land as long as these lands do not have buildings on them with a value greater than $500.  Section 2 explains the sections one and two of chapter 760 of the 1870 Laws will be “re-enacted,” so that they will be applicable to Section 1 of this amendment Act.  Section 3 states that this amended Act will take effect immediately.

            This document is important because it increases the landowning rights of the three groups mentioned, including cemetery associations.  They can now own and buy title to lands purchased for burial grounds, as long as these lands lack expensive buildings on them.  It is also interesting to note that the word “rural” is scratched out of this document from “cemetery association.”  This may indicate the growth of the city boroughs of New York, such as Brooklyn, which is leaving the Green-Wood Cemetery in an increasingly urban, rather than rural, surrounding.

Item #56: “Act about Cemeteries [January 10,] 1877 (Re-registration + taxation of lots) 1.

            This Act basically gives the trustees of a rural cemetery association (such as Green-Wood) the right to register lots in the cemetery and to tax the lot owners of the cemetery.  It is divided into five sections.  Section 1 explains that all land owned that are not being held or designated for family burial purposes, should be entered into the books of the cemetery association within six months of this Act’s passage by the owner, with a tax of no more than 50 cents for every lot of “four hundred superficial feet” (any lot transfers should also be recorded in the books of the cemetery association).  Section 2 states that the lots of land not exempted in Section 1 can only be sold by the cemetery after obtaining written permission from the lot owner and the price of the lot’s sale is agreed upon by both the lot owner and the cemetery association.  Section 3 states that the trustees of a cemetery association can tax all lots not held or used for family burial purposes, with a tax no greater than a dollar per year, five dollars per decade, for each lot not over “four hundred superficial feet,” with the interest on this tax “seven centum per annum” from the date of imposition.  The money from this tax will be used to both pay the debts of the corporation that runs the cemetery, and to embellish, improve, and preserve the grounds of the cemetery and its avenue and roads.  Section 4 states that any acts or components of act not in line with this Act will be repealed, and Section 5 states that this Act will take effect immediately.

            This Act is significant because it documents the first time that individual lot owners in the Green-Wood Cemetery are taxed, and establishes the regulations for the cemetery association to tax these owners.

Item #57: Resolution Note *(Undated)

            This resolution declares that both Gowanus Road and Martense’s Lane have become both “unnecessary and useless” for travel by the public, due to the opening of other Avenues in line with the plans designated on the Commissioners Map of the City of Brooklyn, and that these two roads should be closed.

            This resolution is important since it indicated that Brooklyn is changing at this time, by closing two roads since new avenues make them useless.

Item #58: “[Special Correspondence of the Eagle] ALBANY, March 2, 1877.” (News Article)

            This news article reports on the debate over the bill proposed to allow rural cemetery associations to record and tax lot owners.  The article reveals there was much opposition to this bill, especially Section 3, which states that the trustees of a cemetery association can tax all lots not held or used for family burial purposes, with a tax no greater than a dollar per year, five dollars per decade, for each lot not over “four hundred superficial feet,” with the interest on this tax “seven centum per annum” from the date of imposition (the money from this tax will be used to both pay the debts of the corporation that runs the cemetery, and to embellish, improve, and preserve the grounds of the cemetery and its avenue and roads).  “Mr. Lyons” proposed the bill in order to forbid speculation of lots in cemeteries, while “Mr. Alvord” opposed the bill, stating that it would lead to the “complete disorganization of all the cemetery associations in the state.”  The bill progressed with Mr. Lyons citing the Cypress Hills Cemetery (the article says it was either in New York or Brooklyn) where speculators owned 1,300 to 1,400 lots, as reason to propose his bill.  The bill also went forward after a copy of the bill was sent to cemetery associations in both New York and Brooklyn, which did not send a reply of opposition.

            This article is significant because it documents how this bill to register and tax lot owners in cemeteries was debated.  It is also interesting that even after the bill was sent to cemetery associations, who did not send a reply of opposition.  This indicates that they were in favor of the bill’s passage.

Item #59: “Proposed Act to close Gowanus Road + Martense’s Lane 1” *(Undated)

            This proposed Act explains the planned closure of part of Gowanus Road and Martense’s Lane in Brooklyn, and is divided into two sections.  Section 1 states that the part of Gowanus Road that extends southwesterly from the junction of this road and Third Avenue, between Twenty-Ninth and Thirtieth Streets, to the Town of New Utrecht, and the part of Martense’s Lane that extends from its junction with Gowanus Road to the City line of Brooklyn, are now closed and discontinued between the stated points.  Section 2 explains that this Act will take effect immediately.

            This Act is significant because it shows possibly growth of the Green-Wood Cemetery landholdings.  Since now roads can be built through the cemetery, a bill to close a stretch of two roads indicates that the land these roads were built on is being bought by the Green-Wood Cemetery for burial purposes.

Item #60: “Chapter 543, Laws of 1888: An Act: For the Protection of Dealers in Monuments, Gravestones, Inclosures, or Other Structures in Cemeteries. Approved by the Governor June 9, 1888. Passed, three-fifth being present.”

            This Act is divided into four sections.  Section 1 states that any corporation, firm, association, or person that furnishes the grounds of a cemetery or burial grounds with any enclosure, monument, gravestone, or other structure within New York State, will have a lien (usually a public record, which in real estate terms, is a common way for creditors to collect what they are owed), for the price of these structures, provided the corporation, firm, association, or person file with the superintendent or individual in charge of the burial ground or cemetery a notice in writing where the individual or firm, corporation or association that provided these structures claim a lien on the structure’s purchase price.  This notice must also include a description of the structure, the person or people with whom the payment and building of the structure was made, the price paid, and price left unpaid for the lien claimed.  In addition, the boundaries of the plot where this structure is built must be stated in this notice, along with the signature of the person, firm, corporation, or association claiming the lien that is verified by the oath of the claimant of the lien or their agent.  Furthermore, it is the job of the superintendent of these public records to notify lot owners of a notice of a lien on the lot.

Section 2 states that  if the amount due is not paid, any individual, firm, corporation, or association claiming a lien can in sixty days have the right on ten days’ notice to the superintendent or person in charge of the burial ground of the removal of the structure from the cemetery.  After this, the ones that removed the structure will notify two local newspapers published in the county where the cemetery is, that an auction of the structure to the highest bidder will be held no less than ten and no more than fifteen days from the removal of the structure, in order to satisfy the lien, and this agreement will be signed and a copy of it will be mailed to the original customers of the structure.  After the sale, the proceeds basically need to go to paying the lien, not to exceed $50 for a monument or $10 for a gravestone.  Even though the Act states in Section 2 that this Act does not put any liabilities on the cemetery association on either carrying out or not the provisions of the act, the cemetery association cannot prevent the removal of structures under a lien, re-inscribe them for other uses, or remove structures under lien without the permission of the claimant of the lien.  Section 3 states that any acts or parts of acts not consistent with this new Act will be repealed, and that Section 4 states that this Act will go into effect immediately.

This Act is significant because it outlines the rights of the people who built structures on the lands of the cemetery association, primarily to have a lien on these structures.  This is important because it gives these people the right to have these structures recorded in the cemetery records and control over them if the price for their erection is not paid.

Item #61: “Senate Bill to authorize Conveyance of a Cemetery lot by Heirs of Roger A. Flood – [January 13] 1890”

            This Act is divided into three sections.  Section 1 basically gives the heirs of a lot in Oakwood Cemetery in Troy, New York, the right to subdivide and sell the south half of this lot to be used as a family burial ground.  Section 2 states that this Act will not affect the other half of the lot that is being subdivided and sold by the heirs.  Section 3 states that this Act will take effect immediately.

            This document is significant because it is the first time that the right to subdivide and sell a lot in a rural cemetery is grant to the heirs of an owner of a lot in a rural cemetery.

           

Item #62, Item #63, and Item #64: (all clipped together):

Item #62: “An Act to amend an Act passed March ? A. D. 1897.”

            This Act (which was not introduced) is divided into two sections.  Section 1 states that nothing in this amended Act will affect a Statute passed March 5, 1896 (Chapter 72 of the 1896 Laws).  Section 2 states that this Act will take effect immediately.

            This Act is significant because since it was not introduced, this means that people did not want to change the Statue passed on March 5, 1896.

Item #63: “Act of /97 Re land to be acquired by Cemeteries 2”

            This is an empty envelope, so there is no significance.

Item #64: “An Act: To amend chapter one hundred and thirty-three of the laws of eighteen hundred forty-seven, entitled “An act authorizing the incorporation of rural cemetery associations,” as amended by chapter three hundred and eighty-nine of the laws of eighteen hundred and eighty-nine, in relation to powers of boards of supervisors in relation to cemeteries.”

            This Act is divided into two sections.  Section 1 amends Section 3 of chapter 133 of the 1847 Laws (as amended by chapter 389 of the 1889 Laws) to state that any rural cemetery incorporated after this Act is passed cannot lawfully take land in the counties of Westchester, Kings, Queens, Rockland or Suffolk, by devise, deed, or otherwise, or set apart or use any of the land in these counties, without the consent of the board of supervisors of these counties.  In addition, these counties are also permitted to make restrictions, regulations, or conditions on the use of this land for burial purposes “as such board may deem the public health or the public good to require.”  Section 2 states that this Act will take effect immediately.

            This Act is significant because it gives the boards of supervisors of the counties mentioned the right to regulate lands used for burial purposes for the purpose of “public health or the public good.”

Item #65: “Chapter. 206. Apr. 29, 1875 Acquisition of land by Cemeteries 2”

            This Act is divided into two sections.  Section 1 states that chapter 760 of the 1870 Laws is amended to state that it is lawful for the trustees of any incorporated cemetery association, city common council, or trustees of an incorporated village, to obtain by devise, deed, or otherwise, the land necessary for burial purposes or in addition to the land it already holds or is allowed to hold for such purposes.  In addition, this land should be held in the same manner with the same rights, authority, privileges, and under the duties and liabilities that apply to other land held by the city, village, or incorporated cemetery association.  Section 2 states that this Act will take effect immediately.

            This Act is significant because it allows the three governing bodies mentioned (including incorporated cemetery associations) to obtain lands required for burials greater than the land originally allotted to them, which allows the cemetery to grow as needed or anticipated.  This Act also puts these lands as equal to lands used for other purposes by the cemetery association, under the same privileges and duties.

Folder 12: Petition to Legislature (1874)

Folder 12: Petition to Legislature (1874)

Item #66: “Petition to the Legislature in opposition to proposed tax on Surplus of Cemeteries. 2”

            This item is an empty envelope that has no significance.

Item #67: “Copy of memorial to the Committee of the Legislature respecting the taxation of surpluses of Cemeteries – March 1874.”

            This memorial is a petition to the State Legislature of New York concerning an Act to tax cemetery corporations that have a surplus.  The cemetery corporation of the Green-Wood Cemetery first states that the passage of this Act will disturb the plan of the Green-Wood Cemetery to be a place for burial purposes and prevent it from using excess funds for the preservation of the cemetery as a whole.  They then go into arguments to prevent the passage of the Act.  They first mention how the cemetery was and still is not meant for profit, but for the burial for the dead, with its funds held in trust for the preservation of the grounds and all its structures.  In addition, they cite their original act of incorporation, why they were established, and how even though they started out as a joint-stock company (since they originally lacked the funds) eventually it was decided to shift their status to a non-profit rural cemetery association.  They also cite the amended charter of incorporation that gave them this status, and how they eventually achieved the right to purchase the deeds of land lots by 1842.  Also, they state how their debts were paid off by 1851, and by this time they decided to establish a fund for the preservation of the cemetery (since they would eventually run out of land for burials depriving them of income to preserve the grounds).  They stress the importance of this fund to maintaining the cemetery, citing eighteen miles of roads that need to be maintained annually, along with the grading of the land, footpaths, sewage and drainage systems, fountains and waters, monuments, hedges, trees, plot enclosure fences, gates, and fences around the cemetery’s boundaries that all need large and costly yearly maintenance.  They note how the cemetery is a sacred place, visited by many, and these people will be disturbed if funds for its maintenance are not maintained.  They stress that the surplus funds are necessary to preserve the beauty of the cemetery grounds, which without the funds for preservation would fall into decay.  They conclude by stating that they have no stockholding profits to use to pay for the cemetery’s upkeep, and hope that the New York State Legislature does not pass the bill taxing their surplus fund, citing Section 4 of their charter of incorporation, which states that all money from sales, after paying for the land, be used to preserve the cemetery grounds and for no other purpose.

            This petition is significant because it reveals the political advocacy of the Green-Wood Cemetery.  They are fighting to keep their fund of surplus money untaxed, so that it can be used to preserve the cemetery.  This petition is also important because it reveals why the cemetery association of the Green-Wood Cemetery made certain decisions, such as forming a fund to maintain the cemetery grounds.

         

Item #68*: [Original Document] Memorial to the Committee of the Legislature respecting the taxation of surpluses of Cemeteries, March 1874

            *This document is the original that the copy (Item #67) was made from, and its content and significance is the same as Item #68.

Folder 13: Notes on the Will of Henry Evelyn Pierrepont

Folder 13: Notes on the Will of Henry Evelyn Pierrepont

Item #69: “Notes on the Will of Henry Evelyn Pierrepont” [April 25, 1888]

            *[Extremely difficult to read handwriting] These notes record how Henry E. Pierrepont deeded some of his possessions over to his wife, and made his wife the consultant for his heirs.

            These notes are important because it established Mr. Pierrepont’s wife as the executor of his estate.