The effort to amend the charter of the Green-Wood Cemetery to make the cemetery the non-profit trust it is today was led by two individuals: Henry E. Pierrepont and Senator Cornelius Bergen. Henry E. Pierrepont was the leader of the oldest and most distinguished of the “Yankee-Yorker” families of Brooklyn on his father’s side he was decided from one of Yale University’s original founders, and on his mother’s side he was descended from the largest landowner in all of New York State (Richman, ed., 2013, page 41). Mr. Pierrepont was an advocate of the “philanthropy plus five percent” concept, which believed in the investment of civic projects for the public, such as schools, churches, public buildings, etc., which would in turn benefit the “common good” or society and increase the profits of private individuals through increased values in property (Richman, ed., 2013, page 41). He was descended from those who had developed Brooklyn: his father, Hezekiah B. Pierrepont, helped create the first night-watch service, water pumps, and sidewalks in Brooklyn; gave the land necessary for building Brooklyn’s City Hall, and also supported the Fulton Ferry, correctly assuming that the opening of this service would increase the value of his own landholdings (Richman, ed., 2013, page 41). Cornelius Bergen would be the New York State Senator who helped Mr. Pierrepont guide the amended Charter of the Green-Wood Cemetery to its eventual passage in the New York State Legislature.
Item #8: Henry E. Pierrepont to Senator 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 since 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 is significant because 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.
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 since 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 is significant because 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 #263: Henry E. Pierrepont to Senator Cornelius Bergen, January 18, 1839
In this letter Mr. Pierrepont explains to Senator Bergen that he is enclosing with this letter a memorial and a draft of the amendments for the charter of incorporation to create the Green-Wood Cemetery. He claims that the amendments of the charter are based largely on the charter that incorporated the Mount Auburn Cemetery outside of Boston, and that he hopes Senator Bergen will introduce these materials for a reading to explain the cemetery’s objectives and to ensure its passage by the State Legislature. He states that Senators Freeman and Verplanck are supportive of the bill’s passage, and explains that it is important that the bill is passed soon, since the cemetery founders have agreements with individuals that depend on the bill’s passage, and stresses that the cemetery is “purely benevolent,” and is not being founded for “gain or speculation.” In addition, he adds that he will soon send a copy of the Mount Auburn Cemetery’s charter of incorporation. This letter is important because it shows how Mr. Pierrepont worked with Senator Bergen to ensure the passage of the bill creating the Green-Wood Cemetery by sending him the supporting materials, and it reveals that Mr. Pierrepont used the charter of the Mount Auburn Cemetery as his inspiration for the charter for the Green-Wood Cemetery.
In this letter Mr. Pierrepont explains to Senator Bergen that he is enclosing with this letter a memorial and a draft of the amendments for the charter of incorporation to create the Green-Wood Cemetery. He claims that the amendments of the charter are based largely on the charter that incorporated the Mount Auburn Cemetery outside of Boston, and that he hopes Senator Bergen will introduce these materials for a reading to explain the cemetery’s objectives and to ensure its passage by the State Legislature. He states that Senators Freeman and Verplanck are supportive of the bill’s passage, and explains that it is important that the bill is passed soon, since the cemetery founders have agreements with individuals that depend on the bill’s passage, and stresses that the cemetery is “purely benevolent,” and is not being founded for “gain or speculation.” In addition, he adds that he will soon send a copy of the Mount Auburn Cemetery’s charter of incorporation. This letter is important because it shows how Mr. Pierrepont worked with Senator Bergen to ensure the passage of the bill creating the Green-Wood Cemetery by sending him the supporting materials, and it reveals that Mr. Pierrepont used the charter of the Mount Auburn Cemetery as his inspiration for the charter for the Green-Wood Cemetery.
Typed transcription of Item #263 (any parts with a "..." indicates text that was too illegible to transcribe):
H. E. P. to Corn[e]l[ius]. Bergen
18th Jan. 1839
With application to Legislature
and Bill of amend[ment]
To Hon[era]ble Cornelius Bergen.
House of Assembly
Albany.
New York 18th Jan[uar]y, 1839
Dear Sir,
I have the honor to enclose to you a memorial and draft for amendments to an Act relative to the Greenwood Cemetery, the reading of which will explain its objects. We were indebted to you in part the last session for the passage of the Act of Incorporation, you will therefore understand out original views, the enclosed amendments are mainly based upon the charter of the Mount Auburn Cemetery near Boston, and are deemed important to the success of our establishment, in which the public are much interested. I hope you will do us the favor of presenting it at the earliest opportunity, and in the manner, that shall in your judgement best insure its passage. Messrs. Freeman and Verplanck will be favorable to it in the senate if you should conclude to present it first in that house. The resquisite notices were inserted in the Argus & Star, a few days ago, but it would be desirable for us to have the bill forwarded as rapidly as possible, without at first waiting for the expiration of the legal notice, as we have arrangements here that depend on our success in the Legislature, and we wish also to have our bill before when application for cemeteries which are in progress, suggested by ours, shall be presented. Ours was the first projected, and has also higher claims upon the public patronage, we think, from being purely benevolent in its plan and objects, and not connected with gain or speculation, … is the most suitable & ornamental.
I will take an opportunity to have sent to you by private hand, the pamphlet containing the charter of Mount Auburn.
Very respectfully
yours
Henry E. Pierrepont
Hon[era]bl[e] Cornelius Bergen.
H. E. P. to Corn[e]l[ius]. Bergen
18th Jan. 1839
With application to Legislature
and Bill of amend[ment]
To Hon[era]ble Cornelius Bergen.
House of Assembly
Albany.
New York 18th Jan[uar]y, 1839
Dear Sir,
I have the honor to enclose to you a memorial and draft for amendments to an Act relative to the Greenwood Cemetery, the reading of which will explain its objects. We were indebted to you in part the last session for the passage of the Act of Incorporation, you will therefore understand out original views, the enclosed amendments are mainly based upon the charter of the Mount Auburn Cemetery near Boston, and are deemed important to the success of our establishment, in which the public are much interested. I hope you will do us the favor of presenting it at the earliest opportunity, and in the manner, that shall in your judgement best insure its passage. Messrs. Freeman and Verplanck will be favorable to it in the senate if you should conclude to present it first in that house. The resquisite notices were inserted in the Argus & Star, a few days ago, but it would be desirable for us to have the bill forwarded as rapidly as possible, without at first waiting for the expiration of the legal notice, as we have arrangements here that depend on our success in the Legislature, and we wish also to have our bill before when application for cemeteries which are in progress, suggested by ours, shall be presented. Ours was the first projected, and has also higher claims upon the public patronage, we think, from being purely benevolent in its plan and objects, and not connected with gain or speculation, … is the most suitable & ornamental.
I will take an opportunity to have sent to you by private hand, the pamphlet containing the charter of Mount Auburn.
Very respectfully
yours
Henry E. Pierrepont
Hon[era]bl[e] Cornelius Bergen.
Item #264: Henry E. Pierrepont to Senator Cornelius Bergen, January 25, 1839
In this letter, Mr. Pierrepont states that Mr. Silliman has told him that Senator Bergen had received the package with the memorial and other documents and that he would present them at the earliest opportunity. Also, he states that the memorial explains the objects of the cemetery so fully that he does not think that additional explanation from him is required, and that the bill may not have needed amendments to fix it if they had more time to draft it before sending it to Albany for consideration during the last legislative session. He explains that he noticed that the bill was criticized for forming a cemetery that is for-profit (like a typical joint-stock company), but adds that it is necessary to exempt the cemetery from taxation under this join-stock model in order for it to be successful. He requests that the bill be amended to fix this to establish the cemetery as a beneficial “Trust” and that this is supported by the residents of New York City’s lower wards. He explains that he is personally not connected with any financial interests with the cemetery’s founding, and has journeyed with Major Douglass to Mount Auburn Cemetery outside of Boston and to Laurel Hill Cemetery in Philadelphia in order to establish the Green-Wood Cemetery in the form of these cemeteries. He states that he sent Judge Blunt with the Charter of Mount Auburn Cemetery, and is willing to answer any questions about the bill in Albany if necessary. This letter is important because it reveals the opposition to the bill that would create the Green-Wood Cemetery due to suspicions that it was a for-profit venture. It also shows the lengths that Mr. Pierrepont was willing to go to defend the bill, being willing to testify about it in Albany. It even indicates how Mr. Pierrepont visited other rural cemeteries in Boston and Philadelphia in order to model the Green-Wood Cemetery on these cemeteries’ example.
In this letter, Mr. Pierrepont states that Mr. Silliman has told him that Senator Bergen had received the package with the memorial and other documents and that he would present them at the earliest opportunity. Also, he states that the memorial explains the objects of the cemetery so fully that he does not think that additional explanation from him is required, and that the bill may not have needed amendments to fix it if they had more time to draft it before sending it to Albany for consideration during the last legislative session. He explains that he noticed that the bill was criticized for forming a cemetery that is for-profit (like a typical joint-stock company), but adds that it is necessary to exempt the cemetery from taxation under this join-stock model in order for it to be successful. He requests that the bill be amended to fix this to establish the cemetery as a beneficial “Trust” and that this is supported by the residents of New York City’s lower wards. He explains that he is personally not connected with any financial interests with the cemetery’s founding, and has journeyed with Major Douglass to Mount Auburn Cemetery outside of Boston and to Laurel Hill Cemetery in Philadelphia in order to establish the Green-Wood Cemetery in the form of these cemeteries. He states that he sent Judge Blunt with the Charter of Mount Auburn Cemetery, and is willing to answer any questions about the bill in Albany if necessary. This letter is important because it reveals the opposition to the bill that would create the Green-Wood Cemetery due to suspicions that it was a for-profit venture. It also shows the lengths that Mr. Pierrepont was willing to go to defend the bill, being willing to testify about it in Albany. It even indicates how Mr. Pierrepont visited other rural cemeteries in Boston and Philadelphia in order to model the Green-Wood Cemetery on these cemeteries’ example.
Typed transcription of Item #264 (any parts with a "..." indicates text that was too illegible to transcribe):
Correspondence with Senator
Cornelius Bergen about
passage of amended charter
New York 25th Jan. 1839
Dear Sir,
Mr. Silliman has informed me that the parcel containing the Memorial etc. relating to the Greenwood Cemetery came safely to you.
The objects desired in the amendments and the reasons for prosecuting them are so simple and so fully expressed in the Memorial that I do not suppose the Committee will wish any further communications to enable them to appreciate the motives of the Directors and the important hearing of the changes sought. They would not have been necessary perhaps if the Bill had been thought of earlier last session, but it was written in haste and sent to Albany to be hurried through the last day of the session, and no time allowed or pains taken to inform the Members from our County of the intention of the Act. Therefore Mr. Downing admitted alteration, under the advice of General Johnson, who happened to be studious never heard of the flaw—which alterations materially impeded the success of an institution.
His reason was that it appeared to be an association connected with gain, as is more or less the case with all joint-stock companies, and that therefore there was no good reason why, we should be exempted from Taxation. In the course of forming the Company under the Charter the same objections, were so frequently urged, & by persons friendly to the institution—that the Directors came to the conclusion that without a change in the joint-stock feature there was great danger in the success of the undertaking. This change was therefore agreed on by all the Stockholders, and it was determined to apply to the Legislature so to amend the Charter, that the objectionable features should be entirely removed, and the institution, as originally intended, placed entirely upon the footing of a Trust for a Benevolent purpose. In this shape, it has met with universal approbation, and a strong interest has been expressed by the inhabitants of the lower ward in New York, in its success.—Disconnected myself entirely in any pecuniary interest I never still received the results arrived at in so important a light as to serve the better part of my time the last year to its furtherance, and the same has been done by several gentlemen. Major Douglass & myself went to Boston with the express purpose of seeing Mount Auburn and consulting Judge Story, and we also visited Laurel Hill in Philadelphia for the purpose of using the practical expressions of two successful and similar establishments in pursuing. I send by Judge Blunt Esq. the Charter of Mount Auburn and will thank you to present it, as the entreaties caused be presented but at Boston.
I should be pleased to hear from yourself the purpose of the Bill and to answer any questions for information that you or the Committee may purpose. If deemed necessary I would…of a personal visit to Albany, and if you should deem this necessary I hope to be easily informed of it.
Correspondence with Senator
Cornelius Bergen about
passage of amended charter
New York 25th Jan. 1839
Dear Sir,
Mr. Silliman has informed me that the parcel containing the Memorial etc. relating to the Greenwood Cemetery came safely to you.
The objects desired in the amendments and the reasons for prosecuting them are so simple and so fully expressed in the Memorial that I do not suppose the Committee will wish any further communications to enable them to appreciate the motives of the Directors and the important hearing of the changes sought. They would not have been necessary perhaps if the Bill had been thought of earlier last session, but it was written in haste and sent to Albany to be hurried through the last day of the session, and no time allowed or pains taken to inform the Members from our County of the intention of the Act. Therefore Mr. Downing admitted alteration, under the advice of General Johnson, who happened to be studious never heard of the flaw—which alterations materially impeded the success of an institution.
His reason was that it appeared to be an association connected with gain, as is more or less the case with all joint-stock companies, and that therefore there was no good reason why, we should be exempted from Taxation. In the course of forming the Company under the Charter the same objections, were so frequently urged, & by persons friendly to the institution—that the Directors came to the conclusion that without a change in the joint-stock feature there was great danger in the success of the undertaking. This change was therefore agreed on by all the Stockholders, and it was determined to apply to the Legislature so to amend the Charter, that the objectionable features should be entirely removed, and the institution, as originally intended, placed entirely upon the footing of a Trust for a Benevolent purpose. In this shape, it has met with universal approbation, and a strong interest has been expressed by the inhabitants of the lower ward in New York, in its success.—Disconnected myself entirely in any pecuniary interest I never still received the results arrived at in so important a light as to serve the better part of my time the last year to its furtherance, and the same has been done by several gentlemen. Major Douglass & myself went to Boston with the express purpose of seeing Mount Auburn and consulting Judge Story, and we also visited Laurel Hill in Philadelphia for the purpose of using the practical expressions of two successful and similar establishments in pursuing. I send by Judge Blunt Esq. the Charter of Mount Auburn and will thank you to present it, as the entreaties caused be presented but at Boston.
I should be pleased to hear from yourself the purpose of the Bill and to answer any questions for information that you or the Committee may purpose. If deemed necessary I would…of a personal visit to Albany, and if you should deem this necessary I hope to be easily informed of it.
Item #262: Senator Cornelius Bergen to Henry E. Pierrepont, January 29, 1839
In this letter, Senator Bergen explains to Mr. Pierrepont that his services to supporting the founding of the Green-Wood Cemetery will be “cheerfully rendered.” Senator Bergen states that he supports the cemetery’s establishment due to the crowded and changing nature of the landscape of New York, and to provide a permanent resting place were the city’s dead can be buried in a beautiful and convenient location. Also, he states that since land’s price in New York and Brooklyn in rising and being built up swiftly, establishing a designated cemetery for the burial of the dead is important, and that the location chosen in Brooklyn for the cemetery has beauty that is unequalled of any other cemetery before established. This letter is significant because it not only reveals why Senator Bergen was willing to fight for the passage of the bill to create the Green-Wood Cemetery. Senator Bergen believed that Green-Wood needed to be established, to provide a proper place to bury the dead in an increasingly overcrowded and expensive city.
In this letter, Senator Bergen explains to Mr. Pierrepont that his services to supporting the founding of the Green-Wood Cemetery will be “cheerfully rendered.” Senator Bergen states that he supports the cemetery’s establishment due to the crowded and changing nature of the landscape of New York, and to provide a permanent resting place were the city’s dead can be buried in a beautiful and convenient location. Also, he states that since land’s price in New York and Brooklyn in rising and being built up swiftly, establishing a designated cemetery for the burial of the dead is important, and that the location chosen in Brooklyn for the cemetery has beauty that is unequalled of any other cemetery before established. This letter is significant because it not only reveals why Senator Bergen was willing to fight for the passage of the bill to create the Green-Wood Cemetery. Senator Bergen believed that Green-Wood needed to be established, to provide a proper place to bury the dead in an increasingly overcrowded and expensive city.
Typed transcription of Item #262 (any parts with a "..." indicates text that was too illegible to transcribe):
12
Henry E. Pierrepont Esq.
New York
Albany
Jan. 29
Albany January 1839
Dear Sir,
Your favour of the 25th-last has been duely rec[eiv]ed. In answer to which I would observe that any assistance I can render to carry out your views in relation to the Greenwood Cemetery, shall be cheerfully rendered.
It is an institution with which I am highly pleased, & which I hope will be shortly placed on a firm basis, & in successful operation so as to accomplish the objects of its beneficence—Its importance becomes more conspicuously manifest, when we reflect upon the limited surface in the dense parts of New York & Brooklyn—that can be appropriated for such purposes, & also the uncertainty of the permanent tenure of those places, where the bones of the dead may not be allowed to remain long enough to return to their native dust, but be removed to one common receptical,—this imperiously points out the necessity of an establishment on a great scale, such as you and your associates contemplate, to be located in a convenient judicious & beautiful situation—so that the inhabitants of our great emporium will not be obliged to go too far to render the last funeral observances to their deceased relatives—When we take in consideration the great value of all unoccupied land in New York & Brooklyn & their vicinities—the distance lots are now occupyed and occupying for building purposes—and the demand that will continually be made of all land contiguous to our navigable estates & the rapidity of their settlement, I think that a more appropriate place could not be selected, than the cite now secured by the association. It contains within its limits all the advantages that is considered to be valuable & requisite, together with a variety of surface & beauty of prospect that probably cannot be surpassed, if it can be equaled by any Cemetery ever before established.
The Committee on Charitable & Religious institutions to whom the petition & bill were referred have made a favourable report thereon, so that this bill received its first & second reading & took its place on the general order, on Saturday last, where it will remain until the regular order of business, will allow it to reach the committee of the whole, where I shall be careful to move it, as it is of a local nature & the object as now indicated by the bill purely benevolent – I have no doubt that hardly any opposition will be made to it unless, it should be by some of the older members – to be informed of the necessity of again so soon troubling the Legislature with it. In that event I shall be ready to inform them as I believe that I understand your object fully, my impression consequently is that there is not the least necessity for your presence here on that business.
Although I do not apprehend any serious opposition to the bill, still it may be well enough to be prepared for every emergency & therefore advise you to send me a copy of the resolutions passed by the common council which you mention, & which if any objection should be made to the bill when in committee of the whole, may be of service in connection with observations that I may make to satisfy the committee.
Respectfully yours,
H. E. Pierrepont Esqr. Corn[elius] Bergen
12
Henry E. Pierrepont Esq.
New York
Albany
Jan. 29
Albany January 1839
Dear Sir,
Your favour of the 25th-last has been duely rec[eiv]ed. In answer to which I would observe that any assistance I can render to carry out your views in relation to the Greenwood Cemetery, shall be cheerfully rendered.
It is an institution with which I am highly pleased, & which I hope will be shortly placed on a firm basis, & in successful operation so as to accomplish the objects of its beneficence—Its importance becomes more conspicuously manifest, when we reflect upon the limited surface in the dense parts of New York & Brooklyn—that can be appropriated for such purposes, & also the uncertainty of the permanent tenure of those places, where the bones of the dead may not be allowed to remain long enough to return to their native dust, but be removed to one common receptical,—this imperiously points out the necessity of an establishment on a great scale, such as you and your associates contemplate, to be located in a convenient judicious & beautiful situation—so that the inhabitants of our great emporium will not be obliged to go too far to render the last funeral observances to their deceased relatives—When we take in consideration the great value of all unoccupied land in New York & Brooklyn & their vicinities—the distance lots are now occupyed and occupying for building purposes—and the demand that will continually be made of all land contiguous to our navigable estates & the rapidity of their settlement, I think that a more appropriate place could not be selected, than the cite now secured by the association. It contains within its limits all the advantages that is considered to be valuable & requisite, together with a variety of surface & beauty of prospect that probably cannot be surpassed, if it can be equaled by any Cemetery ever before established.
The Committee on Charitable & Religious institutions to whom the petition & bill were referred have made a favourable report thereon, so that this bill received its first & second reading & took its place on the general order, on Saturday last, where it will remain until the regular order of business, will allow it to reach the committee of the whole, where I shall be careful to move it, as it is of a local nature & the object as now indicated by the bill purely benevolent – I have no doubt that hardly any opposition will be made to it unless, it should be by some of the older members – to be informed of the necessity of again so soon troubling the Legislature with it. In that event I shall be ready to inform them as I believe that I understand your object fully, my impression consequently is that there is not the least necessity for your presence here on that business.
Although I do not apprehend any serious opposition to the bill, still it may be well enough to be prepared for every emergency & therefore advise you to send me a copy of the resolutions passed by the common council which you mention, & which if any objection should be made to the bill when in committee of the whole, may be of service in connection with observations that I may make to satisfy the committee.
Respectfully yours,
H. E. Pierrepont Esqr. Corn[elius] Bergen
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.
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 #265: Senator Cornelius Bergen to Henry E. Pierrepont, March 5, 1839
In this letter Senator Bergen explains that the bill to create the Green-Wood Cemetery would have passed on March 5, 1839, except that “Mr. Lot” opposed its passage due to the additional amendment added to the bill exempting the cemetery’s lands from taxation. He describes how the bill went through the committees as he requested, but that Mr. Lott removed the amendment on tax-exempt status. He tried to add it back to the bill and told Mr. Lott that the cemetery’s founders wanted the provision in the bill, that the inhabitants of Brooklyn did not want the cemetery to be taxed. Mr. Lott still opposed it unless he heard a favorable opinion from the Common Council of the City of Brooklyn, a course that Senator Bergen was advised by his colleagues to pursue to pass the bill. Senator Bergen states he wants to know what Mr. Pierrepont thinks about this issue, and whether he wants him to leave the taxation clause in or remove it. He suggests that if the Common Council supports the exemption, to leave the provision in, since Mr. Lott will drop his opposition; but if they do not, to allow the taxation of only the lots bought by individual buyers for the express use for burial purposes. This letter is important because it reveals why there was opposition from some in the State Legislature to the Green-Wood Cemetery’s creation: because some of these people did not want the cemetery’s lands exempt from taxes.
In this letter Senator Bergen explains that the bill to create the Green-Wood Cemetery would have passed on March 5, 1839, except that “Mr. Lot” opposed its passage due to the additional amendment added to the bill exempting the cemetery’s lands from taxation. He describes how the bill went through the committees as he requested, but that Mr. Lott removed the amendment on tax-exempt status. He tried to add it back to the bill and told Mr. Lott that the cemetery’s founders wanted the provision in the bill, that the inhabitants of Brooklyn did not want the cemetery to be taxed. Mr. Lott still opposed it unless he heard a favorable opinion from the Common Council of the City of Brooklyn, a course that Senator Bergen was advised by his colleagues to pursue to pass the bill. Senator Bergen states he wants to know what Mr. Pierrepont thinks about this issue, and whether he wants him to leave the taxation clause in or remove it. He suggests that if the Common Council supports the exemption, to leave the provision in, since Mr. Lott will drop his opposition; but if they do not, to allow the taxation of only the lots bought by individual buyers for the express use for burial purposes. This letter is important because it reveals why there was opposition from some in the State Legislature to the Green-Wood Cemetery’s creation: because some of these people did not want the cemetery’s lands exempt from taxes.
Typed transcription of Item #265:
Henry E. Pierrepont, Esq.
New York
Albany, March 5th 1839
Sir,
Your bill for the Cemetery would have passed our house this day & have went to the senate for its finale passage, but for my colleague Mr. Lott who objected to its passage on ac[oun]t of an additional section, which he said had been added to exempt this land from taxation.
To make you fully acquainted with the case it will be necessary to give you a brief history of facts etc. – The bill & memorial were referred to the Standing Committee on Charitable Religious institutions, - whom I requested to meet, & inform me thereof so that I would place information before them, this they did not do, but led me to believe that I was all right, & they reported this bill as I thought, the same as you had drawn it, there it remained until it was reached by the Committee of Nine, when Mr. Lott informed me that the Standing Committee had stricken out that part that excluded the land from taxation, & also that which prohibited gunning; this being the first intimation I had of it. The bill being referred to a select committee of which I was chairman, I prevailed on the committee to add another section, which restored this provision in relation to taxes but not that in relation to gunning - & yesterday reported it thus amended, & notwithstanding I had informed Mr. Lott of this desire of the Company to have this provision, that other Cemeteries were thus excluded & that I did not believe the people in our neighborhood wished it to be taxed, still when it was called up for its final passage, he objected to it on that ac[oun]t, & advised me to permit it to be laid on the table, & in the meantime to advise with the common Council of Brooklyn and others in relation to it. My friends near me advised me to pursue that course, or it might endanger the whole bill.
I therefore write you for information to know whether you are very tenacious on this subject, & whether you would advise me to urge the bill retaining the clause, at the wish of its loss or whether to strike it out and secure all the other provisions—if the Common council of Brooklyn should be in favor of having the land excluded from taxation, and instruct Mr. Lott & myself both to that effect, then he Mr. Lott will not object to it, & if he don’t, I don’t believe any other person will. Should the Common council be opposed to its exclusion from taxation, I would then suggest, that a section be proposed, that will provide for the exclusion from taxation all Lots or plats that may be sold to individual purchasers & actually occupied for burial places—A speedy answer to this is requested—had it not been for this objection of Mr. Lott, your bill would have become a law in a day or two at most.
Yours Respectfully,
Corn[elius] Bergen
Mr. Lott is to write
To the Mayor on the
Subject. C. B.
I advise you to consult ald[erman] Bulkeley on this subject, to whom I have written in relation to it, & should he have started for Albany provisions to receiving the letter than I authorize Cyrus P. Smith to obtain & open it, & take the position of Bulkeley if he has no objection.
C. Bergen
Henry E. Pierrepont, Esq.
New York
Albany, March 5th 1839
Sir,
Your bill for the Cemetery would have passed our house this day & have went to the senate for its finale passage, but for my colleague Mr. Lott who objected to its passage on ac[oun]t of an additional section, which he said had been added to exempt this land from taxation.
To make you fully acquainted with the case it will be necessary to give you a brief history of facts etc. – The bill & memorial were referred to the Standing Committee on Charitable Religious institutions, - whom I requested to meet, & inform me thereof so that I would place information before them, this they did not do, but led me to believe that I was all right, & they reported this bill as I thought, the same as you had drawn it, there it remained until it was reached by the Committee of Nine, when Mr. Lott informed me that the Standing Committee had stricken out that part that excluded the land from taxation, & also that which prohibited gunning; this being the first intimation I had of it. The bill being referred to a select committee of which I was chairman, I prevailed on the committee to add another section, which restored this provision in relation to taxes but not that in relation to gunning - & yesterday reported it thus amended, & notwithstanding I had informed Mr. Lott of this desire of the Company to have this provision, that other Cemeteries were thus excluded & that I did not believe the people in our neighborhood wished it to be taxed, still when it was called up for its final passage, he objected to it on that ac[oun]t, & advised me to permit it to be laid on the table, & in the meantime to advise with the common Council of Brooklyn and others in relation to it. My friends near me advised me to pursue that course, or it might endanger the whole bill.
I therefore write you for information to know whether you are very tenacious on this subject, & whether you would advise me to urge the bill retaining the clause, at the wish of its loss or whether to strike it out and secure all the other provisions—if the Common council of Brooklyn should be in favor of having the land excluded from taxation, and instruct Mr. Lott & myself both to that effect, then he Mr. Lott will not object to it, & if he don’t, I don’t believe any other person will. Should the Common council be opposed to its exclusion from taxation, I would then suggest, that a section be proposed, that will provide for the exclusion from taxation all Lots or plats that may be sold to individual purchasers & actually occupied for burial places—A speedy answer to this is requested—had it not been for this objection of Mr. Lott, your bill would have become a law in a day or two at most.
Yours Respectfully,
Corn[elius] Bergen
Mr. Lott is to write
To the Mayor on the
Subject. C. B.
I advise you to consult ald[erman] Bulkeley on this subject, to whom I have written in relation to it, & should he have started for Albany provisions to receiving the letter than I authorize Cyrus P. Smith to obtain & open it, & take the position of Bulkeley if he has no objection.
C. Bergen
Item #11: Henry E. Pierrepont to Senator Cornelius Bergen, 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.
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 Senator Cornelius Bergen, 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.
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 Senator Cornelius Bergen, 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.
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.