With the passage of its new revised charter, Green-Wood assumed a new identity. With its passage on April 11, 1839, the amended charter officially liquidated the stock holdings of the members and as a result making each lot owner a “proprietor” instead with equal ownership rights, removing the motive of profit from the cemetery’s identity forever (Richman, ed., 2013, page 20). In addition, during this period, Major D. B. Douglass (1790-1849) was also hired to survey and lay out the grounds of the Green-Wood Cemetery, where he took advantage of the land’s natural hills in laying out the grounds (Richman, ed., 2013, page 31). Major Douglass was a distinguished civil and military engineer, serving in the War of 1812 and teaching engineering at West Point from 1815-1831 (Richman, ed., 2013, page 31). He was famous for designing the “incline plane” for the Erie and Morris Canals, instead of using canal locks, to allow boats in canals to travel through the changes in elevation of the canal route (Richman, ed., 2013, page 31). Douglass had also worked on the Croton Aqueduct, and had experience with the topography of Brooklyn (Richman, ed., 2013, page 42). Major Douglass would lay out the grounds of the cemetery that would make the Green-Wood Cemetery both a wooded oasis and tourist destination, and as a quiet, calm, and beautiful natural place for the burial of New York dead.
Item #2: Amendments to the Green-Wood Cemetery’s Charter of Incorporation, Passed April 11, 1839
This document describes the first amendments made by the New York State Government to the original charter of the Green-Wood Cemetery. The major changes made were 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. In addition, the identity of the people running the cemetery was changed from a Board of Directors to a Board of Trustees. Furthermore, the new cemetery association was exempted from taxes, as long as it remains a cemetery. This document is significant because 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).
This document describes the first amendments made by the New York State Government to the original charter of the Green-Wood Cemetery. The major changes made were 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. In addition, the identity of the people running the cemetery was changed from a Board of Directors to a Board of Trustees. Furthermore, the new cemetery association was exempted from taxes, as long as it remains a cemetery. This document is significant because 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).
Printed transcription of Item #2 (Cleaveland, 1866, pages 178-180):
Item #252: Executive Committee Minutes from April 30, 1839, to May 8, 1839
These minutes record the committee of the Green-Wood Cemetery Association’s decisions from April 30 to May 8, 1839. Examples of the decisions recorded are appointing a committee to decide the value of bonds issued to lot subscribers, appointing a committee to draft by-laws and regulations to use to run the cemetery, creating a fence on the cemetery’s Fifth Avenue boundary, and creating a survey map of the cemetery grounds. These minutes are important because they document the cemetery association’s first attempts to both establish defined boundaries for the cemetery and to perform the first survey of the cemetery grounds. In addition, these minutes note that a fence was created on the Fifth Avenue boundary of the cemetery. This is important because this was the first work done on the cemetery grounds after the land was acquired to form the cemetery (Cleaveland, 1866, page 23).
These minutes record the committee of the Green-Wood Cemetery Association’s decisions from April 30 to May 8, 1839. Examples of the decisions recorded are appointing a committee to decide the value of bonds issued to lot subscribers, appointing a committee to draft by-laws and regulations to use to run the cemetery, creating a fence on the cemetery’s Fifth Avenue boundary, and creating a survey map of the cemetery grounds. These minutes are important because they document the cemetery association’s first attempts to both establish defined boundaries for the cemetery and to perform the first survey of the cemetery grounds. In addition, these minutes note that a fence was created on the Fifth Avenue boundary of the cemetery. This is important because this was the first work done on the cemetery grounds after the land was acquired to form the cemetery (Cleaveland, 1866, page 23).
Typed transcription of Item #252:
Meeting of the Executive Com[mi]te[e].
Tuesday 30th April 1839.
Present P. Freeman, R. Stebbins, H. E. Pierrepont
Resolved that the committee be sub-divided into sub-committees – and that a com[mittee] on Finance, and one on Improvements of grounds be appointed.
The Finance com[mittee] – to be Messrs. Ray, Perry & Freeman.
The duties of [the] Finance com[mittee] shall be to Prepare & draft for Bonds, settle the terms of subscription and price of land.
Douglass, Pierrepont, L. Stebbins –
The duties of [the] Committee on the grounds
1st – Cause examination of Titles to be made.
2nd – Negotiate for land not yet secured within the cemetery bounds.
3rd – Make sep[arate] rules and regulations subject to which burial Lots shall be conveyed.
4th – By laws and rules to which the grounds shall be subject.
5th – Select locations and cause 4 roads to be laid out and conveyed, and make [a] Map.
6th – Take measures for fencing and opening on [the] avenue.
May 8th – 1839 – The executive committee met
Present Major Douglass, Ray, Freeman, Pierrepont
Major Douglass made report of the survey of his line of avenue and of the proposal of a contractor to grade it at $10,200.
It was resolved that a committee of 3 Com[mittee] persons to make terms with the contractor.
Meeting of the Executive Com[mi]te[e].
Tuesday 30th April 1839.
Present P. Freeman, R. Stebbins, H. E. Pierrepont
Resolved that the committee be sub-divided into sub-committees – and that a com[mittee] on Finance, and one on Improvements of grounds be appointed.
The Finance com[mittee] – to be Messrs. Ray, Perry & Freeman.
The duties of [the] Finance com[mittee] shall be to Prepare & draft for Bonds, settle the terms of subscription and price of land.
Douglass, Pierrepont, L. Stebbins –
The duties of [the] Committee on the grounds
1st – Cause examination of Titles to be made.
2nd – Negotiate for land not yet secured within the cemetery bounds.
3rd – Make sep[arate] rules and regulations subject to which burial Lots shall be conveyed.
4th – By laws and rules to which the grounds shall be subject.
5th – Select locations and cause 4 roads to be laid out and conveyed, and make [a] Map.
6th – Take measures for fencing and opening on [the] avenue.
May 8th – 1839 – The executive committee met
Present Major Douglass, Ray, Freeman, Pierrepont
Major Douglass made report of the survey of his line of avenue and of the proposal of a contractor to grade it at $10,200.
It was resolved that a committee of 3 Com[mittee] persons to make terms with the contractor.
Item #254: Executive Committee Minutes, June 24, 1839
These minutes record the decisions of the Executive Committee of the Green-Wood Cemetery Association during their June 24, 1839 meeting. The major resolution at this meeting was deciding when and where to sell bonds to lot subscribers and the members of the committee who would financially back these bonds. In addition, the Executive Committee reported that they had almost finished building an avenue both through and around Green-Wood (Cleaveland, 1866, page 24). These minutes are important because they show that by this time, the cemetery was trying to determine how to financially redeem the bonds they were offering to lot subscribers. This was also a public call to attention to the fact that the avenue built around and through the cemetery would lead to lot sales (Cleaveland, 1866, page 24). The committee also mentioned the changed identity of the cemetery with the passage of the amended charter making the cemetery run by a non-profit trust rather than a for-profit join-stock company, stating “It is to be remembered…that the institution is no longer one of profit, but of benevolence. It looks solely to the accomplishment of a great philanthropic object without the consideration of gain to any one; and it may therefore appeal with confidence to the philanthropy of every public-spirited citizen” (Cleaveland, 1866, page 24).
These minutes record the decisions of the Executive Committee of the Green-Wood Cemetery Association during their June 24, 1839 meeting. The major resolution at this meeting was deciding when and where to sell bonds to lot subscribers and the members of the committee who would financially back these bonds. In addition, the Executive Committee reported that they had almost finished building an avenue both through and around Green-Wood (Cleaveland, 1866, page 24). These minutes are important because they show that by this time, the cemetery was trying to determine how to financially redeem the bonds they were offering to lot subscribers. This was also a public call to attention to the fact that the avenue built around and through the cemetery would lead to lot sales (Cleaveland, 1866, page 24). The committee also mentioned the changed identity of the cemetery with the passage of the amended charter making the cemetery run by a non-profit trust rather than a for-profit join-stock company, stating “It is to be remembered…that the institution is no longer one of profit, but of benevolence. It looks solely to the accomplishment of a great philanthropic object without the consideration of gain to any one; and it may therefore appeal with confidence to the philanthropy of every public-spirited citizen” (Cleaveland, 1866, page 24).
Typed transcription of Item #254:
June 24th, - 1839 – The Trustees met at the office of Messrs. LeRoy & Perry – Present Messrs. Dudley, LeRoy, Cook, Stebbins, Perry – Freeman, Ray, Pierrepont.
The minutes of the last meeting were read and approved.
Mr. Pierrepont from the committee on subscriptions of stock, reported that a few had been bought up by the commissioners of the board and subscriptions purchased.
Mr. Pierrepont from the committee on classification of Trustees reported a division of land by Lot – said division was adopted and it was resolved that the Trustees be sub-divided accordingly –
1st Class – [Chs. Heiz]
[P. Schermerhorn] 1840
[A. Whitney]
[A. G. Hammond]
[Mr. Lendham]
[H. E. Pierrepont]
[J. R. LeRoy - ]
[J. A. Perry - ] 1842
2nd Class –[L. Ogden]
[R. Stebbins]
[D. B. Douglass]
[G. S. Howland]
3rd [L. Cook, Jr.] 1844
[P. Freeman]
[J. R. LeRoy]
Major Douglass from the executive committee reported an abstract of the proceedings of the committee – as follows
On motion Resolved that this board accept the report and the proceedings sustained therein – and that this board visit the grounds on Wednesday afternoon at 4 ½ o’clock.
The president presented a schedule of the amounts for which Bonds and obligations to be made to the purchasing of Land – On motion resolved that the amounts in each case can usually be audited by the committee on finance and when so audited that the price we execute – bonds or other obligations for the amounts of the land under the corporate seal of the company.
On motion of Mr. Pierrepont it was resolved that Mr. Lebeden Cook, Jr. be added to the executive committee – also resolved that the Corporation be added to the executive committee.
The meeting then adjourned.
June 24th, - 1839 – The Trustees met at the office of Messrs. LeRoy & Perry – Present Messrs. Dudley, LeRoy, Cook, Stebbins, Perry – Freeman, Ray, Pierrepont.
The minutes of the last meeting were read and approved.
Mr. Pierrepont from the committee on subscriptions of stock, reported that a few had been bought up by the commissioners of the board and subscriptions purchased.
Mr. Pierrepont from the committee on classification of Trustees reported a division of land by Lot – said division was adopted and it was resolved that the Trustees be sub-divided accordingly –
1st Class – [Chs. Heiz]
[P. Schermerhorn] 1840
[A. Whitney]
[A. G. Hammond]
[Mr. Lendham]
[H. E. Pierrepont]
[J. R. LeRoy - ]
[J. A. Perry - ] 1842
2nd Class –[L. Ogden]
[R. Stebbins]
[D. B. Douglass]
[G. S. Howland]
3rd [L. Cook, Jr.] 1844
[P. Freeman]
[J. R. LeRoy]
Major Douglass from the executive committee reported an abstract of the proceedings of the committee – as follows
On motion Resolved that this board accept the report and the proceedings sustained therein – and that this board visit the grounds on Wednesday afternoon at 4 ½ o’clock.
The president presented a schedule of the amounts for which Bonds and obligations to be made to the purchasing of Land – On motion resolved that the amounts in each case can usually be audited by the committee on finance and when so audited that the price we execute – bonds or other obligations for the amounts of the land under the corporate seal of the company.
On motion of Mr. Pierrepont it was resolved that Mr. Lebeden Cook, Jr. be added to the executive committee – also resolved that the Corporation be added to the executive committee.
The meeting then adjourned.
Item #178: Record of the Payment of Salary to Major D. B. Douglass, October 2, 1839.
This document is a record of the payment to Major Douglass on October 2, 1839, for his services to the Green-Wood Cemetery. This document is important because it records what Major Douglass was paid for laying out the cemetery plan: $300.00. This shows that the Green-Wood Cemetery Association had the funds to pay for surveying work for the cemetery grounds by 1839. It also reveals that Major Douglass was able to finish his surveying work for the cemetery. The leaders of the cemetery would probably not have paid him if he was not able to finish the work of laying out the cemetery’s grounds.
This document is a record of the payment to Major Douglass on October 2, 1839, for his services to the Green-Wood Cemetery. This document is important because it records what Major Douglass was paid for laying out the cemetery plan: $300.00. This shows that the Green-Wood Cemetery Association had the funds to pay for surveying work for the cemetery grounds by 1839. It also reveals that Major Douglass was able to finish his surveying work for the cemetery. The leaders of the cemetery would probably not have paid him if he was not able to finish the work of laying out the cemetery’s grounds.
Typed transcription of Item #178:
Major Douglass Charges,
The association is to pay Major Douglass for services to 1st of May in full--$300.
Hence forward 5 percent on all sales to Oct. 1st, 1840—shall be allowed him and an advance of 100 Dollars—be dealt from the association in anticipation of said 5 percent to commence on 1st May also.
2nd Oct. 1839.
Major Douglass Charges,
The association is to pay Major Douglass for services to 1st of May in full--$300.
Hence forward 5 percent on all sales to Oct. 1st, 1840—shall be allowed him and an advance of 100 Dollars—be dealt from the association in anticipation of said 5 percent to commence on 1st May also.
2nd Oct. 1839.
Item #258: Executive Committee Minutes, October 11, 1839
In these board meeting minutes, the major decisions made during this meeting were: the payment of Major Douglass for his services with $4,500.00 in bonds, that Major Douglass had both published a pamphlet about the Green-Wood Cemetery Association’s plans and designs and advertised in the newspapers the opening of the Association’s books for the subscription to burial lots in the cemetery for subscribers, and to appoint a three-man committee to look into the prospect of allowing churches to reserve lots for their use in the cemetery (Mr. Ogden was chosen as Chairman, and Messrs. Hammond and Freeman were appointed by him as his co-chairs on this committee). A few months ago on July 2, 1839, the Trustees of the cemetery had no funds to go on with the improvements of the cemetery or to pay for past work done, so they resolved that the bonds of the company should be issued for $10,000.00, which would be redeemable from lot sales (Cleaveland, 1866, page 25). At the October 11, 1839 meeting mentioned in this document, the President stated that he executed the company’s bonds for $4,500.00 cash, advanced by five Board member: Messrs. Perry, Le Roy, Ray, and Pierrepont (who each provided $1,000.00), and Mr. Stebbins (who gave $5,000.00) (Cleaveland, 1866, page 25). These minutes are important because they describe the growing relationship between the cemetery and the subscribers for burial lots with the advertising of the opening of subscriptions in pamphlets and the newspapers. It also reveals the growing relationship between the cemetery and churches by mentioning considerations for opening lots in the cemetery to the churches for burials.
In these board meeting minutes, the major decisions made during this meeting were: the payment of Major Douglass for his services with $4,500.00 in bonds, that Major Douglass had both published a pamphlet about the Green-Wood Cemetery Association’s plans and designs and advertised in the newspapers the opening of the Association’s books for the subscription to burial lots in the cemetery for subscribers, and to appoint a three-man committee to look into the prospect of allowing churches to reserve lots for their use in the cemetery (Mr. Ogden was chosen as Chairman, and Messrs. Hammond and Freeman were appointed by him as his co-chairs on this committee). A few months ago on July 2, 1839, the Trustees of the cemetery had no funds to go on with the improvements of the cemetery or to pay for past work done, so they resolved that the bonds of the company should be issued for $10,000.00, which would be redeemable from lot sales (Cleaveland, 1866, page 25). At the October 11, 1839 meeting mentioned in this document, the President stated that he executed the company’s bonds for $4,500.00 cash, advanced by five Board member: Messrs. Perry, Le Roy, Ray, and Pierrepont (who each provided $1,000.00), and Mr. Stebbins (who gave $5,000.00) (Cleaveland, 1866, page 25). These minutes are important because they describe the growing relationship between the cemetery and the subscribers for burial lots with the advertising of the opening of subscriptions in pamphlets and the newspapers. It also reveals the growing relationship between the cemetery and churches by mentioning considerations for opening lots in the cemetery to the churches for burials.
Typed transcription of Item #258:
11th Oct.
The Trustees have as[sembled at] [t]he office of Messr. L.L.P.
Present Maj. Douglass, Ogden, Stebbins, LeRoy, Hammond, Cook, Perry & Pierrepont –
The minutes of the last meeting were read and approved –
Maj. Douglass in charge of the executive committee whereto to said receive, in the Bonds of the Company reported that he has disposed of the bonds to the amount of $4,500, and also that he has published a pamphlet setting forth the plan and the design of the Institution – and also that he has made advertisement of the opening of the Books, and the letter of subscribers, and subsequently by order of the executive committee – the advertisement has been affected allowing a audit for payment.
On motion of Mr. Ogden seconded by Mr. Cook the proceedings passed and approved –
On motion of Mr. Ogden it was seconded that a committee of 2 be appointed to determine on the price of land to be sold to churches, and that the President be of that committee.
Messrs. Hammond and Freeman were appointed by the chair.
On motion it was resolved that a committee of 3 persons be appointed to determine a compensation for the beneficial service of Maj. Douglass –
Messrs. Hammond, Cook, & Pierrepont were appointed said committee.
On motion it was resolved that when the committee on the price of land should be prepared to report that they should call a meeting of the Board.
The committee meeting then adjourned.
11th Oct.
The Trustees have as[sembled at] [t]he office of Messr. L.L.P.
Present Maj. Douglass, Ogden, Stebbins, LeRoy, Hammond, Cook, Perry & Pierrepont –
The minutes of the last meeting were read and approved –
Maj. Douglass in charge of the executive committee whereto to said receive, in the Bonds of the Company reported that he has disposed of the bonds to the amount of $4,500, and also that he has published a pamphlet setting forth the plan and the design of the Institution – and also that he has made advertisement of the opening of the Books, and the letter of subscribers, and subsequently by order of the executive committee – the advertisement has been affected allowing a audit for payment.
On motion of Mr. Ogden seconded by Mr. Cook the proceedings passed and approved –
On motion of Mr. Ogden it was seconded that a committee of 2 be appointed to determine on the price of land to be sold to churches, and that the President be of that committee.
Messrs. Hammond and Freeman were appointed by the chair.
On motion it was resolved that a committee of 3 persons be appointed to determine a compensation for the beneficial service of Maj. Douglass –
Messrs. Hammond, Cook, & Pierrepont were appointed said committee.
On motion it was resolved that when the committee on the price of land should be prepared to report that they should call a meeting of the Board.
The committee meeting then adjourned.