New-York daily tribune., 1856-06-07

esfin and The ssreOphsgua, superseded tse hesthsi
custom Of burning, ssd gave" ia Lord Ssowetf
VIVID phrase, hnAl extinction 70 The .epaIchr1 bon
fres."
The noDumsnt erected over grave s expressly
Inti need TO indvHuahze is .1pAnt; and il woGlc
be mot singular Dockery TO protect the monu nen'
and leave the grave Itself IN De filed with other
ants The church, IN the present case, as keeper OF
the een.tsry oy permitting tbe erection Of the mona
ment virtually cursen,ed that II should stand I, per
form hs appropriate, Ddvsd ualizing odic.. Such q
monument coulo not be disturbed in England even by
the E.tablhed Church for ths daughter as the law
ful heir could at once srret the sacrlese or obtain
supl. Indemnity. BY every principle OF enlightened
reason, sbt l. equally entitled, a. neIt Of kin 70 pro
tect her fathers remains. No one will deny ,hs, tae
moral lot the legal duty Of reburyipg them fst de-
wolves on her end Is because their election from the
grave thus burcen- her With the dlfv. th,t she i.
plainly entitled TO claim that the expense sh. De de-
ireyed by the fund awarded 10 indemnify the part e,
I damaged. The fs'her, identified by the monument,
lad lain separate for moe than fifty years The church
/ could not have lawfully Mingled any other remains
with hlr, nor can the daughter be required ethe
in justice or decency, TO destroy their individuality,
still less to permit them be- cast into any common
! receptacle OF undistDguehable rubbish.
To throw a dead body into river was held by the
Supreme Court Of Maine 10 be Al indictable ofen.e
Greenl. 2z6, and 1t would not be less Indecent and
criminal TO empty Tito the streets Of the cy or into
tie waters which wash il, shores the bones and ashes
Of ancient cemetery. Tie crminality of the at
of any other violation OF the grave not a. erro-
neousy asserted, in invading the imaginary nights of
the dead but in outrag1g the Christian sen.ibtes of
the LIVING. The "eonoitlo s.putars, in the er-
pressive language OF 81. Augustine L. "magis rirO-
"rtm solatid guam subsioa mortuorum" II was the
special punishment, lot of the buried dead but of the
living sinners of unhappy jerusalem that spread the
boIts of her inhabitants before the sun and the
.moon and all the host of heaven" |. Is not the
buried Noses Sherwood, but his living daughter aria
Smith who Low claims the night his quiet repose,
the grave where she laid him. That repo-e has been
l I'D tha fn-poa aoflo -
As the only paraton the case admits che asks for
the re irterment Of the remains in separate grave
To- b. indivioua by the monument which as her
lawful - heirloom, the Law preserves, from genera
tion TO generation, for that very purpose. The
tery which contained the expressly taken BY the
church perform this very office of sepulture. As
cemetery fs use was a charitable a. well a. a reli-
eous use-a trust which this Court, in the exercise of
IT, undisputed equity powers aud wholly irrespective
of epy assumption or resumption Of authority ever
| possessed by any ecclesiastical body, may now daily
| control ar regulate.
| The claimant after fifty years occupancy BY her
father If tie grave nav ightully be held TO BE-
! Of the beneica aries for whom the charitable was
reated and whose benefit and ection it should
be carried into full effect. The fund representing
mart Of the very land thus devoted to the charitable
use Is row in the possession Of the Court, its legitimate
| guardian and subject to its equitable direction.
In obedieIce TO Its order, requiring the undersigned
TO -tate bis 81 non on the proofs he therefore respect
fupy repors that upon the grounds above stated is
copetent for the COurt to retain from said fdnd sum
euficeni la cover the expenses OF rinerinS the re-
n airs Of Moses Sherwood in separate grave in such
abe locality the said Maria Smith may -e'
lect One hundred dollars will suffice for the purpose
and sucb mart of as NAV be needed should either be
! paid to The said Maria Smith or expended by The
| Church under her direction
| TIE proofs taken on the present reference and
hereto annexed how that eighty graves, in ALL were
ds,nrbed by the widening of the street. but no claim
for damages or for reltement has vet been presented
except in the ease above stated. The remains OF the
lies in the other graves have been Temporarily dc
posted under the church in Beekman street, 10 De
prouer, inferred elsewhere in of it, SALE Ii
due TO ihe upright and intelligent gentlemen who con
stituie the Board OF Trustees of the church 20 STATE
that tey earnestly desire the decent ahd lawtm re
terrnept OF al the remains removed hom their Genie
.rv bv the widening OF the street. but that in view
of their proper responsibilities and the genefai lh
poItance of The principle involved, they deem II nee
,ssay in the matter under the direction ana au
thoriiy of the Cout. -
II i r,spectfuly submitted that the following ega
principes NECESSARILY result from the fundamental
truth that no eccesiastca element exists IN the J1r
prudence Of thls state, or III the he"olh VI ~
government; and that they may be properly TAKEN d
a guide for judicial action in the present case;
l. That neither corpse, it's burial, Is legally
subject In any way, to ecclesiastical cognzancc nor
sac.rdotal power of any kind.
H. That the right to bury corpse and to preserv
its remains il legal night, which the Courts of Law
will recognize and protect.
iii. That such night, IN the absence OF any tesla
menary disposition belongs exclusively to the next o
kin.
w. That the right to protect the remains includes
the right to preserve them by separate burial to seec
the place of seputure, and to change at pleasure.
V. That if the place of burial be taken for pubic
use the next of kin may claim to be Undermined tor
the expense of removing and suitably reinterng the
remains. SAMUEL Is. RUGGLEs, heteree'
Nev. York, Jan IS, 1856.
Our re,de csnpot fail perceive the compr.hennye cha.
suie Of themselves Perfect for the projection OF a1
deed snd deserve be Incorporated withou, Aera o' VI
quafc the jurispudeDee and necessary unto 'hd
alton Of every Al American State on this eonn snt
Judge Davies IN his opinion adopting the Report OF ne
cree e1pety shms them the fundamental principle
soyeEnIg his decision.
At meeting of the Board Of Trustees OF the Brick
PIesbytersn Church. on the 18th Of May, l7'6, was
unanimously
Resolrod That the thanks of this Board are due'
and are hereby respectfully rendered, 10 Mr. kugges,
for the very efficient and satisfactory mtner 10 "hch
lie has vndicated the rights Of the dead and the
with which lie has established the duties ani oo
cations Of those legally entitled to their CUSTODY: ,
Resoccd, That the principles estaoiisneu ~ lne !"
polttxpressly affirmed they are IN the ophlYA o'
bis Honor Jucge Davies, committing the deal eA
cu.ivey 10 the next of kin, and thereby ,ne
from every usurped authority-aIe pee lhaiy cons
uaut to our free and enlightened Republican insutu