On May 6, 1861 the Whatcom County Commissioners approved the purchase of land for a cemetery from Dan Harris with the following resolution:

Ordered that Whatcom County purchas [sic] from Daniel Harris, four acres, (More or less) of land for the purpos [sic] of a Grave Yard, for which the County will pay for at the rate of One hundred & fifty Dollars for four acres. Said land is Situated [sic] on Bellingham Bay and includes what is known as Grave Yard point [sic] on Said Harris Claim, provided, Said Harris executes to Said County a good and Valid Deed [sic] for said land.⁶⁵

    This action was taken almost two months before the issuance of A. M. Poe's Donation Certificate, when Dan Harris was commonly thought to be owner of the subject property. Perhaps the county's decision to acquire the four acres contributed to Dan's motivation to purchase the forty-three acres including Deadman's Point once he learned that this tract had been assigned to Poe.

    However, for some reason Dan delayed in conveying the four acres to the County once he received the defective deed from Poe. Consequently, on November 18, 1862, the County Commissioners restated their resolution to purchase the land for the grave yard.⁶⁶ This action may have spurred Dan to deliver the required deed a month later on December 22, 1862.