1859-01 Annual Report of the Trustees of the Mount Auburn Cemetery, Together with the Reports of the Treasurer and Superintendent. January, 1859.

ANNUAL REPORT

OF THE

TRUSTEES

OF THE

MOUNT AUBURN CEMETERY,

TOGETHER WITH

THE REPORTS

OF THE

TREASURER AND SUPERINTENDENT.

JANUARY, 1859.

BOSTON: 1859.

J. H. EASTBURN’S PRESS.

MOUNT AUBURN CEMETERY. In 1831 the Massachusetts Horticultural Society purchased the tract of land since inclosed and known as the Cemetery of Mount Auburn. The principal part of this land was first conditionally engaged for a cemetery by the Corresponding Secretary of the Society, and the purchase was not completed unil one hundred individual subscribers for burial lots had been obtained from the community at large, and thus a sufficient sum insured to compensate the Society for its outlay.

It was at first intended to divide the land purchased into two parts—the one to be occupied as a cemetery, and the other as an experimental garden for horticultural purposes. But in a few years it became apparent that the proposed garden was not likely to be wanted, and in 1835, under an Act of the Legislature, the Horticultural Society conveyed the whole land known as Mount Auburn to a new Corporation, entitled “The Proprietors of the Cemetery of Mount Auburn.” By the terms of this conveyance, the new Corporation was to pay annually to the Horticultural Society one-fourth part of the proceeds of the sales of lots, after deducting fourteen hundred dollars, which last sum was intended for the defrayment of annual expenses. In this way things remained until 1858.

In the meanwhile the Proprietors of Mount Auburn had at sundry times, made additional purchases of land in the neighborhood of their Cemetery—the greatest of which is that of the estate known as the “ Stone Farm” on the southerly side of Mount Auburn; and various questions have arisen, both before and since that purchase, as to the right of the Horticultural Society to participate in the results of such purchases; also as to the claim of that Society for a part of the proceeds of interments made in “ public lots,” the fee of which is still in the Corporation of Mount Auburn; also in regard to the expense of filling up and grading ponds and useless pieces of land so as to render them available for cemetery-purposes; and also in regard to various other unsettled matters.

With a view to the final adjustment of these and any other question which might remain, the Trustees of Mount Auburn Cemetery during the last year appointed a Committee of Conference, to meet a similar Committee to be

3

appointed on the part of the Horticultural Society, and to report terms of agreement which might be satisfactory to both parties. The Committee of the Proprietors of Mount Auburn, consisting of Messrs. Bigelow, Gould and Cheever, were met by a Committee of the Horticultural Society, consisting of Messrs. Stickney, Wilder, Rand, Walker, Austin, and Hovey, and a report was agreed on, which was afterwards unanimously accepted by both parties in interest, and by them carried into effect. An Indenture of two parts has been duly executed by the two Corporations, under which the parties covenant and agree with each other in the manner following:

for amendments see Records Vol. IV v 192

“ First, That the said Cemetery as now existing, and situated south of the street called Mount Auburn Street, in Cambridge, together with the lands already purchased as an enlargement thereof, and all additions which shall hereafter be made to the same, shall be held by the said Proprietors, and the entire control, management, and direction of the same, and of all works and improvements therein, and. expenditures thereon, shall be and remain in the said Proprietors and their officers, in as full and complete a manner as the same are now vested in and entrusted to them by Act of Legislature incorporating the said Proprietors, passed on the thirty-first day of March, A.D. eighteen hundred and thirty-five.

““ Second, The yearly proceeds of all sales of lands in the said Cemetery as it now exists, or may hereafter be enlarged, together with all amounts received for single interments in any public lots or receiving tombs, after the deduction of fourteen hundred dollars therefrom to be retained by the said Proprietors for the purposes stated in said Act, shall on the first Monday in every year, be divided between the said Proprietors and the said Horticultural Society, according to the terms of the said Act, in following proportions, viz: three-fourths to the said Proprietors, and one-fourth to the said Society; and the said Proprietors shall, at such time, render to the said Society a just and true account of all sales made, and of ail moneys received by them for such lands and interments during the preceding year, and shall furnish all such vouchers and evidence in regard to the same as the said Society may reasonably require.

“ Third, The sum of nine thousand eight and +4, dollars, which on the first day of January next will be due and owing from the said Horticultural Society to the said Proprietors, shall be paid in manner following, viz.: The said Proprietors shall have the right to retain out of the amount which under the provisions of the preceding Article, will yearly, and in each year, be due and payable to the said Society, one fuli half part thereof of the amount so payable, which part so retained shall be applied—first, to the payment of the yearly interest on the said sum, or on such part as shall remain unpaid, and the residue to the reduction and final extinguishment of the said debt, until the

4

same shall be fully paid and discharged ; provided, however, that the said Society shall have the right to pay the whole, or any part of the said sum at any time.

“ Fourth, The said Society hereby covenants with the said Proprietors, that whenever the said Proprietors shall enclose the lands already purchased in a manner corresponding with the present Cemetery, or otherwise, as they shall see fit, they will pay to the said Proprietors one-fourth part of the cost thereof ; and in like manner, in case of any future additions to and enlargements of the Cemetery, they will pay to the said Proprietors one-fourth part of the cost of enclosing the same, whenever such enclosure shall be completed—the time and making such enclosure to be at the discretion of the said Proprietors.

“ Fifth, Whenever lands, otherwise unsaleable, or unfit for purposes of burial, shall be filled up and improved, the cost of such filling up and improvement shall first be deducted from the proceeds of sales of such lands; and the residue only shall be the amount to be accounted for by the said Proprietors, and to be divided between the two Corporations in.the manner specified in the Second Article of this Indenture; provided, however, that the amount of such residue shall never be less than fifty cents per square foot—except that intermediate spaces between lots, when not intended for burial, may be sold for sixteen and two-thirds cents per square foot.

“ Sixth, In case the said Proprietors shall hereafter build Receiving Tombs, Catacombs, or Columbaria, in the said Cemetery, the said Horticultural Society shall pay one-fourth part of the cost thereof; and shall be entitled to one-fourth part of all amounts received for interments therein.

“ Seventh, The said Horticultural Society hereby release the said Proprietors from all claims and demands for or on account of any and all moneys received, or which shall be received, by the said Proprietors for single interments in the said Cemetery prior to the first of January next.

“Eighth, It is understood and agreed that the said Horticultural Society have no interest in the lands situated on the northerly side of Mount Auburn street, on which the Gardener’s House now stands, and the said Society hereby expressly disclaims all right and title and interest therein.” i

It will be seen by the foregoing extracts that the Horticultural Society pay to the Proprietors of the Cemetery the sum of 9,008 dollars, 49 cents, this being the balance which would be due on the estimated cost, interest, and present value of one-fourth part of the lands newly purchased, after deducting the necessary offsets. And the Society farther agrees to pay one-fourth part of the expense of an iron fence, &c., round the newly acquired land whenever the same shall be erected. On the other hand, the Proprietors of Mount Auburn agree to place the new lands on the same footing as the old Cemetery, and to psy to the Horticultural Society one-fourth part of the proceeds of all sales of these lands after the usual deduction has been made.

5

The other unsettled questions have been adjusted in a spirit of compromise and mutual concession, and are believed to be equitable, and entirely satisfactory to both parties.

Since the last annual meeting, two of the historic statues, destined for the interior of the Chapel, have arrived from Italy, and are now on their pedestals. These are the statues, of Governor Winthrop, by R. S. Greenough, and of James Otis, by Crawford. The fourth statue, that of John Adams, having been lost at sea, a duplicate has been undertaken by the artist, Mr. Rogers, and is promised to arrive in the course of the coming Spring. The execution, and acquisition of these appropriate works of art, are alike creditable to the Corporation, and to the eminent sculptors by whom they have been formed.

The repairing and edging with stone, of Auburn Lake (formerly Meadow Pond) has been completed, and an avenue made round its lower half, crossing the middle of the lake by a handsome bridge, passable for carriages. A corresponding improvement, in stoning up the border of Forest Pond, is in contemplation for the next season. Improvements in grading avenues and moving trees west of the gate have been made, and others are in progress, together with the extension of sundry drains, and the completion of new paths in different parts of the ground. The Trustees have voted to expend one thousand dollars annually in the gradual filling, reclaiming, and improving of sunken lands, which have a prospective value.

The tract of unoccupied ground in the front of the Cemetery, between Garden Pond and the road, constituting one of the most desirable parts of Mount Auburn, is in process of being surveyed, and the lots will be offered for sale early in the Spring.

The Trustees have voted that lots for tombs on the hill-sides, in such places as the Committee on Lots shall approve, may be sold at fifty cents per square foot, on the purchasers binding themselves to erect no tomb or repository which shall not be made air-tight, to the satisfaction of the Committee on Lots.

By the Treasurer’s Report it will be seen that the financial affairs of the Corporation are in a safe and prosperous condition. The sales of land during the last year have amounted to $24,434.65, exceeding those of the previous year by $3,836. The Permanent Fund for the future preservation of the Cemetery, which was auspiciously commenced last year, has been this year increased by $5,678, making the present total amount of that fund, $9,390.33. Besides which the Corporation have always a large reserve beyond their liabilities, more than adequate to meet all anticipated expenses.

In behalf of the Trustees,

JACOB BIGELOW, President.