The miners' express. (Dubuque, Iowa) 1849-1854, 1853-02-23
Apffkly Crprtss,
WEDNESDAY MORNING, ....... +
CITY GRAVE YARD.

In an other column will be found commun
cation from 50. r.. upon the subject of th
Grave Yard. So far as we have been able 1
collect together the facts in this case it appear
that certain citizens, claim by settlement, O
by purchase, certain lots, which have been here
| Grave yard; desiring to have these lots set OF
to them, they applied to the City Council, wh'
ordered the fence down and set in, 50 as TO leave
the lots in question outside.
! Before entering into discussion Of the mer-
its of the subject, let US suggest that it would
have been well for the city authorities to have
given proper notice TO those who had friend.
buried on the lots and to have made proper pro-
vision for the removal Of such, as had no friends
to look after the'u. 1t is certainly hardship
that so large a number of graves should be
thrown out of the enclosure and lef, exposed to
the herds of stock grazing on the common.
But let us proceed to consider the justice OF
the claim set up to these lots. We suppose il
can be established, that this Grave Yard was
laid off and enclosed, some two years before any
survey Of the City was made-in fact before
ever a compass was set within the present cor
porate limits OF this City. Wesuppose further,
that the said original enclosure, INCLUDED the
lots now in dispute and by recent order of the
Council, thrown out of the enclosure.
Now, if our premises be correct, we say most
unquestionably. that the taking of these lotc is
a !respass. According to the provisions of an
act, for laying off the towns Of For, Madison
Congress and was approved July 2nd 1886, all
grounds selected as public squares for public use
were not to be interfered with. The languag
of the act is in the following words.
"And provided further, That's quantity o
land Of proper width, on the river banks, at the
towns of Fort Madison, Burlington, Bellevue,
Dubuque and Peru, and running with the said
river the whole length of the said towns, shall
be reserved from sale, (as skau also the public
sqmares) for public use, and remain .toreyer for
public use, as public highways, and for other
public uses." The language of this provision
is plain and specific and cannot be misunderstood
N "ieoPPaeu' ~ soy uiot ehc Pup'iS s1u"ieS
shall remain forerer for public use. If then,
the Grave Yard, agreeable 70 its original boun-
dary, was laid off before the passage of this
act, or the survey of the town agreeable to the
provisions of the Act, which we have doubt
can be clearly established, unquestionably its a
violation of the act, as also Of every principle
of justice and equity, 10 ATTEMPT any dismem-
berment OF it, Now we can conceive but one
essential point in this whole case, and tha, Is
his Was the Grave Yard, according to the
original boundary, laid off and enclosed, PRIOR
10 the passage Of the Act of Congress, above
referred to- If so, then clearly Mr. Cornell,
nor the City Council, had any righ. to interfere
with it.
But, why, if fthis claim set up, was e valid one
did no, Mr. Corriell, assert and defend his right
1t an earlier day, when the matter could have
been adjusted with half the trouble and litigation,
hat it now CAM Why has he allowed the Grave
Yard fence to enclose his lots since 1884, which
vas the year that The fence was erected Near
y twenty years quiet possession, it seems to US,
,ives some color of title, whether just or not on
part of the people.
This subject in the language Of our cores
,ondent, demands public attention and we trust
1 will receive it.