Savannah morning news. [volume] (Savannah) 1868-1887, 1881-07-15

The Report of the Late Judge Har-
dem Adversely TO the Claim of
Christ Church.

dem Adversely 60 the Claim of
Christ Church.
We published few days since the main
features of the able report Of the late Col
onel George A. Gordon to the City Council,
in reference to the clain.of Christ Church
in the Old or Brick Cemetery, on South
Broad Street, with the statement that the
late Judge E. ]. Harden, then Corporation
Attorney, had reported adversely to the
claim, and recommended the adoption Of
a resolution to the effect that the city lido
not admit and are not to be considered as
admitting the justice of said alleged claim"
This report was made in 1857, and is COM
prehensive. In consequence Of the fire.
quently expressed desire to see 1t 10 full, In
order that both sides may be understood,
we herewith present it, the report being
upon the investigation of the claims Of the
Wardens and Vestrymen of Christ Church
to $50 by 30 feet in the Old Cemetery:
The earliest public recognition of burial
place or cemetery at Savannah, of which |
have any knowledge, is the provincial act
Of 1858 Watkins Digest, pages SO, So and
and dividing the several districts and divis-
ions of this province into parishes, and for
establishing religious worship therein, &C.
cording to the rites and ceremonies of the
Church of England, and also for empower
ing the Church Wardens and Vestrymen of
the respective parishes to aesess rates for
the repair of churches, the relief of the
poor, and other parochial services" by
which it is IN the first section enacted that
"the town and district Of Savannah, extend
ing up the river Savannah, including. the
islands therein as far as the southeast boun
dairy of Goshen, from thence in southwest
line to the river Great Ogeechee, and from
the town of Savannah eastward as far as the
mouth of the river Savannah, including the
sea islands to the mouth of the river
Great Ogeechee, and all the settlements on
the north side of the said river to the west
ern boundaries thereof, shall be, and for
ever continue parish, by the name of the
parish of Christ Church," and by the second
section of the same act 1t is enacted "that
from and after the said seventeenth day of
March, one thousand seven hundred and
fftY-eight, the church already erected in
the town of Savannah, and the ground as
now used for cemetery, or q burial place
thereto, shall be the parish church and
cemetery of Christ Church"
The next act In point of time is that of
April z, 1868, Watkins Digest, D. IS, by the
enacted as follows: "Aud whereas, the
cemetery in the parish of Christ Church,
belonging to the said parish, is become too
small for the occasion; be 1t therefore enact
ed by the authority aforesaid, that the said
cemetery be enlarged and extended to the
line Of AbeTcorn street to the westward,
and one hundred feet to the southwark, the
whole to contain two hundred an p ten feet
square; and the Church Wardens and Yes
trymen of said parish are hereby empower
ed, at their discretion, to agree with and
hire workmen to complete, enclose and tn-
ish the same"
The next act in order to that of April IL b,
1853 Watkins Dig, 149, 1907, which re-
citing that: "Whereas, the cemetery or
public burial ground for the parish of Christ
Church, notwithstanding the addition made
thereunto by an act of the General Assem-
bly,, passed on the seventh day of
April, in the year OF our Lord one
thousand seven hundred and sixty-three, is
apparently too small to answer the purposes
thereby intended, and it appearing neces-
sarY to make a further addition thereto"
enacts, ''that Immediately after the passing
of this act, it shall and may be lawful to
and for the Church Wardens and Vestry of
| the parish of Christ Church aforesaid, for
the time being, and are hereby authorized
| and empowered to lay out an addition of
one hundred and seventy feet in length, of
and from the common and town of
| Savannah, and adjoining to the eastward
| the present cemetery or public burial
| ground, and that the addition so laid out,
| made and extended, shall from thenceforth
| forever be and remain as part and parcel of
| the said cemetery or public burial ground,
| and that the Church Wsrdens and Vestry of
the said parish for the time being shall be,
and they are hereby empowered to enclose
| the same accordingly, at their dis
nnth In lour hoN
tofore enacted to the contrary not
witbstandiDg." By the constitution
OF Georgia, adopted in 1777, "the parish of
| Christ Church and the lower part of st.
| Philips" were created into a county, to be
"known by the name of Chatham" and, so
far as have found, by any public record,
''the cemetery or public burial ground for
the parish of Christ Church, )" as 1t is called
in the Provincial act OF 176S, remained
public cemetery or burial ground
as far down as the year 1889.
| In that year an ordinance was passed
by the Board of Wardens of the town of Sa-
vannah, entitled can ordinance for enlarg
ing the cemetery or burial ground, aud for
| LAYING off burial ground for negroes" and
recitiUg that, "Whereas, the public burial
ground or cemetery OF the parish of Christ
Church in the town OF Savannah, notwith
standing the several additions which have,
! by the acts of the General Assem-
bly, under the Provincial Government,
| been made thereto, containing In the
whole two hundred and ten feet in width,
| and three hundred and eighty feet in length,
is found too small to answer the purposes
| intended; and whereas 1t hath been repre-
! sented to the Board of Wardens that 1t is
necessary further addition should be made
thereto :" It was then ''ordained that the
| County Surveyor be authorized and required
TO admeasure and lay off from the lands,
being the commons OF the town of
| Savannah, one hundred and twenty feet
to the eastward and two hundred
and ninety feet to the southwark, to be
| added to the present cemetery or burial
ground, so that the whole be FIVE hundred
| feet square,"
Aud 1t was further "ordained that the ad-
| dition of one hundred and twenty feet
eastward, and two hundred and ninety feet
| southwark, so laid out, added and ex-
tended, shall from henceforth and forever
| be and remain a public burial ground,
| for the interment of all Christian
| people of whatever denomination, and rot
to be considered as belonging or appertaining
| solely to the Episcopal Church of Savannah,
commonly called Christ Church" Another
section provides, "That, with the consent of
the Vestry of Christ Church, proper per-
son shall be appointed to superintend the
digging OF graves In the said burial ground
to prevent the deposit OF the dead being
disturbed aud that the person so to be ap
pointed shall be entitled to demand and re-
ceive the following fees for digging the
graves aud closing the same: four shi-
lings."
Pursuant to that ordinance the County
Surveyor returned a plat of the burial
ground, as laid off by him, and within tie
area of five hundred feet square is marked
the location Of the "Old Cemetery" two
hundred and ten by three hundred and
eighty feet.
The "Old or Brick Cemetery" as 1t now
stands, was then laid out by said extension,
and contains five hundred feet square, in
Guiding the said area of two hundred and
ten by three hundred and eighty feet claimed
by the Wardens and Vestrymen of Christ
Church, and 1t only remains to be seen
whether the claim is exclusive of other de-
nominations or the public.
The me morialists state that ''they are ad-
vised by counsel that the title to the afore-
said portion Of the Old or Brick Cemetery
is now, and has always been, In the Wardens
and Vestrymen OF the said Christ Church"
By the term title suppose is meant a claim
to the freehold or fee in the soil; but will
consider the claim as grounded also on a
supposed dedication of the soil as place
of sculpture for the dead Of particular de-
nomination OF Christians, and this propose
to consider first. l have already had occa-