Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1868-12-10
THE CEMETERY.
Report of the Sexton TO the City Coun'
ell. ---


The following report was submitted in
the Board of Aldermen last night: '
To the Honorable the Common Council
of the city of Nashville: In obedience to
resolution of your honorable body requt-
ing J. w. Pratt to report by what authority
he has permitted interments to be made In
the CITY Cemetery since Sept. Is, 1858, re-
spondent begs leave respectfully to submit
The following answer: In December 1865
he was duly elected and qualified Superin-
tendeot of said City Cemetery for the en-
suiuo wear and accordingly undertook the
discharge of the duties of said office, and
become subject to the penalties prescribed
ia the event of the violation of the same
That the following sre sons of said duties
to Wit:
by the Superintendent in the following
manner:
IstfOne portion for the Inhabitants of the
CITY and those owning lots in the said
ID. One portion for the intermenis of
strangers. 4.
Il3d One portion for The interments of
paupers.
4th. One for the in!erments Of persons OF
color, (city laws, page l54, sect. A.
The 5th section imposes the duty OF sell
ing cemetery lots upon the superintendent :,
and prescIibes the mode by which 1t shall
be done. The 9th section. the amount
which the superintendent shall charge and
receive for digging and furnishing, graves
Section 9Th. The price OF ground wanted
for graves for citizens of the corporation.
Section sth. "That I'll persons living in
Davidson county, or elsewhere, who may
want ground for graves shall pay the
prices1 therefore as therein prescribed
Section 9th declares that if the sexton shall
fail neglect or refuse to dig or fill up any
grade, or shall improperly treat any dead
body or shall otherwise neglect or refuse 10
perform any of his duties he may be dls
missed by the City Council.
1t will be perceived that the words ST.
perintendent and sexton are used inter-
chapgeably in said act Herewith are
fiIed CERTAIN Orders from His Honor the
Mavor. Commanding respondent to inter
the narti, 8 named thereto. 1t will be re-
membared that the people OF Nash
vile acting through their duly. const-
tuted authorities purchased certain lana
and set apart and devoted the same
TO the purpose OF the burial OF all
their dead, rich and poor, white and black,
citizens and strangers. That said lands
were to be used alone as cemetery. That
upon the good faith of this undertaking,
citizens and others bought lots therein and
buried their relatives, friendsaud strangers;
nv the deeds executed by the corporation,
said purchaser became vested with all the
rights therein granted. That each and all
the citizsns. whether owning lots or cot,
have still the right to insist that said land
sball continue 10 remain and be used and
emuloyed as q cemetery. Respondent Is
therefore advised that the devotion OF said
land to such purpose as aforesaid, has vest
ed certain rights which cannot be dlyested
nv any action Of the corporation. That
not only any ordinance Of the city OF Nash
vile, but also any legislative enactment
impairing the obligation of contracts is IN.
constitutional, and consequently null and
void and the ordinance of the Common
Council declaring said cemetery nuls-
ance. is wholly imperative, and court OF
indicsture alone can adjudge it a nuisance,
and until this is done, the duties assumed
BY respondent, when installed, are lncum-
bent upon him. Respondent therefore
states that the authority by which he mas
permjtted inieTments in said cemetery Is
the law of the land, and if he should re-
fu.e or fail to make those interments, he
subj. els himself to the penalty of being
dismissed from office, and is liable also IN
damages to any party injured or aggrieved
thereby.
Respondent INDUCES the hope that
the foregoing answer may he salts
factory to your honorable boey, and har the
honor 10 remain your obedient Servant,
]. w. PRATT