Savannah morning news. [volume] (Savannah) 1868-1887, 1881-07-12
THE OLD CKmETERY.
The Removal OF the WalIs-Reporf
Upon the Interests of Christ
Church.

| little antagonism to the proposed measure.
Several communications in reference to
the matter, pro and con-, have APP
peared in the NEWS and Telegram,
| and public opinion seems to be opposed to
apy action ia the premises. A similar mat
ter was up before the city authorities1n 1897,
and lengthy report from the late Colonel
| George A. Gordon and the then City Attor-
ney, the late Judge E. j. Harden, were pub
lished. As matter of general interest and
as throwing some light upon the subject we
give the main portions OF the report OF
| Col. Geo. A Gordon, member of the Festry
of Christ Church Zone of a committee -ap-
pointed for that purpose), upon the subject
of the ''rights of that church in reference
to the ancient cemetery known as the Gene
terry of Christ Church" The report opens
as follows:
AS far back as the history of Savannah
can be traced, long anterior even to its in
corporation as a town, a "parish church and
! cemetery of Christ Church" seems to have
been recognized. Your body is aware that
the province of Georgia was, on the 17tA day
of March, 1853, divided and constituted into
eight parishes, one of which, including ga
vannah, was styled the Parish of Christ
Church. Many acts of the Provincial Leg
islature In reference to these parishes have
been rendered obsolete by their repugnance
to the constitution, either Of the United
States or of Georgia; but among those which
still remain on our statute book unrepealed
and unaffected by the revolution. are the
acts or parts of acts coilated by your com
mittee upon the subject Of Christ Church
| Cemetery. The first legislative recognition
of the cemetery of Christ Church which your
| committee has found is section 2, of the act
of March 10. 1858, Watkins Digest, page %:
"ARd be IL further enacted, That from and az
| ter the said 18th day OF March, one thousand
| seven hundred and ffty-eight, the church
already erected in the town of Savannah,
and the ground now used for cemetery OF
burial place thereto, shall be the parish
church and cemetery OF Christ Church"
The fact is here established that in the
| year 175S there was In Savannah cemetery
known as the Cemetery OF Christ Church.
| Its location and dimensions seem to be q
matter of too common knowledge to be
| specifically mentioned in the statute. 1t
may not be u0interesting, however, to note
at this point that In the year 1858 the depth
of the cemetery was one hundred and ten
feet, running south. This we shall see by
| the extent of its subsequent enlargement.
It's dimensions east and west at this time
must be matter Of conjecture.
By the second section of the act of April
7th, 1863, Watkins Digest, page 50, 1t Is pro-
Vided that, "Whereas, the cemetery In the
PARISH VI OAIlSb w VIZ
said parish, is become too small for the oc-
casion; be It therefore enacted, ETC., that
the said cemetery be enlarged and extended
to the line of Abercorn street, to the west
ward, and one hundred feet to the south
ward, the whole to contain two hundred
and ten feet square, and the Church war
dens and Vestrymen of the said parish are
hereby empowered, at their discretion, to
agree with and hire Workmen to complete,
inoIOao ond fpfsh tho eama ~
By this act We arrive incidentally at the To-
cation of the cemetery, to wit, that its west
eTn terminus was Abercorn street; and that
from the fact that its further extension was
southwardly, its northern boundary was de-
fined and limited by street or road. Here
also we see that it's original depth must have
been oEc hundred and ten feet, since one
hundred feet were added to make up the
two hundred and ten feet square. Section
third of this act authorized two hun
bred feet square adjoining the line of
the common, towards the five acre lots, In
line with the said cemetery, "to be laid out
for the conveniency Of burial ground for
negroes"
By the act of April 18th, 1868, the ceme-
terry was still more enlarged, and the au-
thOrity of the Wardens and Vestry OF Christ
Church over it expressly recognized:
"WHEREAs, The cemetery or public bury
ing ground for the parish Of Christ Church,
| Notwithstanding the additions made there
unto by an act Of the General Assembly,
passed April 7th, 1863, is apparently too
small to answer the purposes thereby intend
ed, etc; be it enacted that, Immediately
after the passing Of this act it shall and
may be lawful to and for the Church
WardeEs and Vestry of the parish Of
Christ Church aforesaid, for the time
being, and they are hereby authorized
and empowered to lay out an addition Of
one hundred aud seventy feet in length Of
and from the common OF the town or Sa-
Vannah, and adjoining to the eastward the
present cemetery or public burial ground,
and that the addition so laid out made and
extended shall from shenceforth forever be
and remain as part and parcel OF the said
cemetery or public burial ground, and that
the Church Wardens and Vestrymen of the
said parish for the time being shall be and
they are hereby empowered TO enclose the
same accordingly at their discretion" etc.
Here again, the location is plainly marked.
Abercorn street remains the western bound
arv, the northern boundary remains I'M
touched, and the only extension is to the
east. From these several acts, therefore,
there can be no doubt that the cemetery Of
Christ Church was situated on portion of
that piece of ground In the city OF Savannah
now known as the Old Grave Yard, or as
styled in a recent ordinance, 1.-THE Old or
Brick Cemetery"
1t is important here to note the dimen-
sions of the cemetery mentioned in the
above acts. By the act of 1868 1t was made
two hundred and ten feet square, and by
the act of 176S an addition of one hundred
and seventy feet was made to the eastward;
so that, in 176S. the dimensions OF the GEM
etery of Christ Church were three hundred
and eighty feet east and west; and two
hundred and ten feet north and south.
Such were the provisions OF the General
Assembly in reference TO the cemetery of
Christ Church, anterior to the revolution,
when Savannah was but a part of the
parish of Christ Church. In 1776 the indie
pendence of the United States was formally
declared, and on the 9Th day OF February,
1777, Georgia published her constitution as
G sovereign State. This constitution was
amended and substituted by another,
adopted at later day, but from this time
she became State.
On the 19.h of February, 1887, the Gen
eral Assembly passed an act for the better
regulating the town of Savannah and the
hamlets thereof, dividing it into wards, and
providing for the election OF Warden for
each ward, who should form the Town
Council. These Wardens, with their Presi-
dent, correspond to the Mayor and Alder
men now elected as the City Council of
Savannah.
1t is important to see how they regarded
the ground known as the cemetery of Christ
Church. For the town property being
represented by the Council, any act Of
ownership on their part is strong proof Of
the public character Of the property claimed.
And, on the other hand, any recognition on
their part of property in another, whether
individual or corporation, is evidence that
at least It is not public property. On page
"a OF minutes OF Council for the years 1889
to 1909 is an ordinance so interesting and
important that your committee has copied
it entire
Here is given Ia full the ordinance en-
titled, Gan ordinance for enlarging the
cemetery or public burial ground, and for
laying off burial ground for negroes" IN
which the following occurs
"And be 10 ordained, That the addition of
100 feet'eastward.and 200 feet southwark, so
laid out, added and extended, SHALL for
henceforth and forever, be and remain
public burial ground for the interment of
ell Christian people OF whatever deDomina-
ton, and not to be considered as belonging
or appertaining solely to the Episcopal
Church of Savannah, commonly called
Christ Church."
Other sections of the ordinance provide
for laying out of the section for negroes.
The report continues as follows:
Three important conclusions are at once
suggested by the reading of the above 0rdi-
nance.
In the first place, the identity of the
"Cemetery Of Christ Church" with por-
tion of what is now called the Old Grave
Yard, is established beyond doubt. Loca-
ton, dimension, shape, all correspond with
the descriptions and provisions OF the acts
above cited, and, as though to leave no