With the financial and growth challenges of the 1840s behind them, the leaders who ran the Green-Wood Cemetery in the 1850s were concerned with new issues. A major issue of the early part of this decade was the inalienability of plots of land for burial, which was upheld by an 1850 amendment to the cemetery’s charter. Burial lots would now be protected from being broken up once used for burial. In addition, the leaders of the cemetery were also successful in their attempt to preserve the tax-exempt status of the cemetery, preserving the economic solvency of Green-Wood. Even the reconstruction of one of the cemetery’s entrances was discussed in 1858. Only twenty years old at this point, the Green-Wood Cemetery was able to overcome these challenges in the decade before the Civil War.
Item #15: An Act to Amend the Green-Wood Cemetery’s Charter of Incorporation, Passed April 5, 1850
The passage of this Act established the inalienability of burial lots in the Green-Wood Cemetery. Section 1 stated 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. 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 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 (Cleaveland, 1866, page 65). This indicates that at this time, the leaders of the Green-Wood Cemetery were achieving increased power to manage the burial lots within the cemetery’s borders.
The passage of this Act established the inalienability of burial lots in the Green-Wood Cemetery. Section 1 stated 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. 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 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 (Cleaveland, 1866, page 65). This indicates that at this time, the leaders of the Green-Wood Cemetery were achieving increased power to manage the burial lots within the cemetery’s borders.
Printed transcription of Item #15 (Cleaveland, 1866, pages 185-186):
Item #16: An Act to Amend the Green-Wood Cemetery’s Charter of Incorporation, Passed June 8, 1853
The passage of this Act gave the Green-Wood Cemetery some additional rights, but also some new responsibilities. It permitted the cemetery to acquire 75 more acres of land than was specified in its original act of incorporation, and that no public roads, streets or avenues could be built through the land owned by Green-Wood. However, this Act also makes the cemetery responsible for paying some of the cost for local improvements, such as paying a share of the cost for paving and grading Fifth Avenue in the City of Brooklyn. 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. 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. This Act would give the cemetery 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). In addition, Martense’s Lane was both straightened and widened in conformance with this Act in 1853 (Cleaveland, 1866, page 76).
The passage of this Act gave the Green-Wood Cemetery some additional rights, but also some new responsibilities. It permitted the cemetery to acquire 75 more acres of land than was specified in its original act of incorporation, and that no public roads, streets or avenues could be built through the land owned by Green-Wood. However, this Act also makes the cemetery responsible for paying some of the cost for local improvements, such as paying a share of the cost for paving and grading Fifth Avenue in the City of Brooklyn. 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. 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. This Act would give the cemetery 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). In addition, Martense’s Lane was both straightened and widened in conformance with this Act in 1853 (Cleaveland, 1866, page 76).
Printed transcription of Item #16 (Cleaveland, 1866, pages 186-187):
Item #150: Report of the Committee Concerning the Amendment to the Charter of the Green-Wood Cemetery, ca. 1854
Shown here is the first page of this report (all three pages are included in the tumbnail for this image). In this report, the committee of the New York State Legislature that was appointed to look into the issue of the Green-Wood Cemetery being assessed for taxes to pay for the opening, grading, and paving of Fifth Avenue in Brooklyn. The committee decided in the cemetery’s favor. They decided that both the Green-Wood Cemetery and all other cemeteries that are incorporated should not be liable for the assessment of these taxes. This report is important because it reveals that the committee officially upheld the tax-exempt status of the Green-Wood Cemetery. This maintained the non-profit identity that the cemetery had for the previous twenty years.
Shown here is the first page of this report (all three pages are included in the tumbnail for this image). In this report, the committee of the New York State Legislature that was appointed to look into the issue of the Green-Wood Cemetery being assessed for taxes to pay for the opening, grading, and paving of Fifth Avenue in Brooklyn. The committee decided in the cemetery’s favor. They decided that both the Green-Wood Cemetery and all other cemeteries that are incorporated should not be liable for the assessment of these taxes. This report is important because it reveals that the committee officially upheld the tax-exempt status of the Green-Wood Cemetery. This maintained the non-profit identity that the cemetery had for the previous twenty years.
Typed transcription of Item #150 (any section with "..." indicates that the text was too illegible to be transcribed):
The Committee in
To whom was referred the Bill to amend the Charter of the Green-Wood Cemetery report
That the proposed amendment of that Charter, was introduced by parties owning land adjacent to said Cemetery to compel the Company or association to pay the expense or assessment for opening 5th Avenue – The Cemetery Company will not join in such association but remonstrate against the same –
The original Act of Incorporation expressly exempted the Cemetery from assessments, taxes, judgments, & all other bills by which the grounds might be deviated from the purpose for which they now intend, is that, the undisturbed home of the dead – It is true that at the last session, the Act was amended so to authorize the Company is fuller in offering lands; and to accomplish this purpose. The complaint of the Company did consist that the Act might be so amended as to make the Company liable to pay the expenses of the grading & paving said 5.’ Avenue. The association now is to compel the Company to pay for opening said Ave. The grounds that the word “opening” was omitted in the amendment of last session—This is desired by the Company. It is not proper that the Legislature should become arbitrators is to make a disparate or misunderstanding between parties – The Committee thinks and believes that the original intention of the Legislature may in incorporating this Cemetery, as…should in all Cemeteries, that the ground appropriated to the burial of the dead should be held inviolate and not liable to be divested—In this Cemetery, as in others, no proprietors have purchased Lots for the burial of their families and familiars whom they would not be distrusted. Is not the good faith of the Legislature pledged in regard to their Cemetery that the grounds should be form inviolate—Have not previous Lot owners, with the knowledge of the provisions in this Act, acquired rights, vested rights so that the Legislature might not & cannot now divest such owners of their burial grounds—The Committee [com]pel that it is important to lot the categories understand that this law all other incorporated cemeteries shall not be liable to be diverted from their intended and actual purpose—The Committee recommend the association be removed. –
Diligent search has been made for the as original draft of the amendment and it cannot be found, as it must remand therefore a discussed point.
The Committee in
To whom was referred the Bill to amend the Charter of the Green-Wood Cemetery report
That the proposed amendment of that Charter, was introduced by parties owning land adjacent to said Cemetery to compel the Company or association to pay the expense or assessment for opening 5th Avenue – The Cemetery Company will not join in such association but remonstrate against the same –
The original Act of Incorporation expressly exempted the Cemetery from assessments, taxes, judgments, & all other bills by which the grounds might be deviated from the purpose for which they now intend, is that, the undisturbed home of the dead – It is true that at the last session, the Act was amended so to authorize the Company is fuller in offering lands; and to accomplish this purpose. The complaint of the Company did consist that the Act might be so amended as to make the Company liable to pay the expenses of the grading & paving said 5.’ Avenue. The association now is to compel the Company to pay for opening said Ave. The grounds that the word “opening” was omitted in the amendment of last session—This is desired by the Company. It is not proper that the Legislature should become arbitrators is to make a disparate or misunderstanding between parties – The Committee thinks and believes that the original intention of the Legislature may in incorporating this Cemetery, as…should in all Cemeteries, that the ground appropriated to the burial of the dead should be held inviolate and not liable to be divested—In this Cemetery, as in others, no proprietors have purchased Lots for the burial of their families and familiars whom they would not be distrusted. Is not the good faith of the Legislature pledged in regard to their Cemetery that the grounds should be form inviolate—Have not previous Lot owners, with the knowledge of the provisions in this Act, acquired rights, vested rights so that the Legislature might not & cannot now divest such owners of their burial grounds—The Committee [com]pel that it is important to lot the categories understand that this law all other incorporated cemeteries shall not be liable to be diverted from their intended and actual purpose—The Committee recommend the association be removed. –
Diligent search has been made for the as original draft of the amendment and it cannot be found, as it must remand therefore a discussed point.
Item #26: Memorial to the Common Council to the City of Brooklyn on Viaducts, December 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 that they did not want to close this entrance, and the convenience of both the visitors to the cemetery and the increasing population in the nearby area was another reason to keep the entrance open (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).
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 that they did not want to close this entrance, and the convenience of both the visitors to the cemetery and the increasing population in the nearby area was another reason to keep the entrance open (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).
Typed transcription of Item #26:
Memorial to the
Common Council
respecting viaducts.
Dec. 15, 1858.
3
To the Hon. the Mayor and Common Council of the City of Brooklyn,
The Trustees of the Green-Wood Cemetery respectfully represent that the high grade of the Fifth Avenue at the entrance for visitors to the Cemetery, will compel the abandonment of that Entrance unless an approach can be had under the avenue by means of an arched way or ways.
The Trustees, therefore, solicit the consent of your Hon. Body to the construction, at the expense of the Cemetery, of a viaduct having one or more arched passages, the sustaining walls to be of substantial stone work, and the arches of brick or stone.
They also solicit the consent of your Hon. Body to the structure being 70 feet wide, that width only being necessary to the continuation across the viaduct of the railings of the courtyards along the avenue and allowing for the full width of carriage way and sidewalks. As the Cemetery own the land on both sides of the proposed viaduct, there would seem to be no objection to the width as proposed.
On behalf of the Trustees,
Dec. 15, 1858. J. A. Perry
Comptroller.
Memorial to the
Common Council
respecting viaducts.
Dec. 15, 1858.
3
To the Hon. the Mayor and Common Council of the City of Brooklyn,
The Trustees of the Green-Wood Cemetery respectfully represent that the high grade of the Fifth Avenue at the entrance for visitors to the Cemetery, will compel the abandonment of that Entrance unless an approach can be had under the avenue by means of an arched way or ways.
The Trustees, therefore, solicit the consent of your Hon. Body to the construction, at the expense of the Cemetery, of a viaduct having one or more arched passages, the sustaining walls to be of substantial stone work, and the arches of brick or stone.
They also solicit the consent of your Hon. Body to the structure being 70 feet wide, that width only being necessary to the continuation across the viaduct of the railings of the courtyards along the avenue and allowing for the full width of carriage way and sidewalks. As the Cemetery own the land on both sides of the proposed viaduct, there would seem to be no objection to the width as proposed.
On behalf of the Trustees,
Dec. 15, 1858. J. A. Perry
Comptroller.
The Green-Wood Cemetery main entrance gateway, looking west.