Savannah morning news. [volume] (Savannah) 1868-1887, 1881-07-12

Ucu5 Vi the JOW0 OF EAVdlQal.
A third most valuable deduction from
this ordinance is the recognition therein of
| the binding validity Of the acts of the Pro-
vincial Legislature in reference to this sub
| ject. The act of 1868, as has been seen,
directed certain portion of the land to be
set apart for the burial of negroes. 1t is
the same act which extends the limits of
the cemetery of Christ Church. What is
the action OF the Board of Wardens of Sa-
vannahs Referring to this act as their su-
| thorlty, they enact an ordinance to carry out
Its provisions to the very letter. IL the pro-
Vincial Legislature had power to set apart
two hundred feet square for the "conveni-
ency OF burial for negroes" they had power
to give to the Episcopal Church of Savan-
nah, commonly called Christ Church, three
hundred and eighty by two hundred and ten
feet for the "convenlency of the buriaP' of
its people.
The theme is prolific, and your committee
have thought of presenting some further
suggestions upon this ordinaDcs-such as
the appointment of the grave-dgger only
with the consent of the VestrY of Christ
church," the recognition of the precise
piece of land, the property of the Episcopal
Church, as was specified in the acts of the
Provincial Legislature; the dedication as a
| public burial ground of only so much as was
added, expressly excluding the cemetery of
Christ Church, and sundry other reflections
II.
already been occupied. Ii 1t be conceded
that the Cemetery OF Christ Church"
as the individual property OF the Epis-
| copal Church of that name, the
next act, which your committee
will cite, is pregnant with importance-aDd
| that importance is not diminished by the
| consideration of its following so close on
the heels OF the above ordinance. On De-
cember %, 1885, five months after the pas
sage OF the ordinance, the General Assem-
| bly, OF the State of Georgia passed an act to
| incorporate the Episcopal Church in Sa-
vannah, called Christ Church"
One OF the provisions of that act is as fol-
lows: "And they, the said ---, Church
| Wardens, and -, Vestrymen aforesaid,
shall be invested with all manner of proper
| ty, both real and personal, all monies due,
| donations, gifts, grants, hereditaments,
| privileges and immunities whatever which
may belong to said church." etc, "to have
and TO hold the same for the proper use,
benefit and behoof of the said church."
etc. Here we have In the broadcast and
most comprehensive language contirma-
tion by the State of Georgia of all property
belonging to Christ Church, and among the
rest, II the President and Wardens may be
trusted, of three hundred and eighty by
two hundred and ten feet of ground,
bounded at present by South Broad
street on the north, by AbeTcorn
sides by the public burial ground of Sayan-
nah. Had it not been so, it is natural to
believe that our prede cessors In this body
would have taken some such step for the
reservation Of the resting place of their holy
dead, as was done by the parish of St. Paul's.
The parish of st. Paul's, like the parish of
Christ Church, was one of the, so to speak,
provincial counties of Georgia, and the
parish church and burial place OF st. Paul's,
here set apart and Incorporated by
the same provincial act of March 10,
1888, as were the parish church and Gene
terry of Christ Church. But the Church of
st. Paul was not incorporated by the Legis-
lsture OF Georgia until comparatively re-
cent period December 21st, 1879, so that
whatever property IL may have possessed
previous to the revolution was not vested In
its Wardens and Vestry by any formal actof
the Legislature of the State of Georgia until
that time. To meet that contingency and
to prevent the Dissertation of the ancient
burial ground of st. Paul, the Episcopalians
Of the city of Augusta procured the pas
sage of an act, on December 10, 1918, vest
Ing the ancient burial ground In the Trustees
Of the Protestant Episcopal Church IN that
city. Now, had not the old cemetery of
Christ Church been a. portion of the prop
erty vested In them by their charter, our
predecessors in the Vestry of this church
would have used like means for the sacred
keeping OF It's cemetery.
Had the Council of Savannah, instead of
recognizing their right of property in the
cemetery, ignored and usurped it by. the
ordinance above cited, the charter would
have been more specific, though 1t c. uld
not have been more absolute.
On the I4th of March, 1889, an ordinance
was passed consolidating all previous ordi-
nances on the subject of burial grounds and
repeating all In repugnance thereto. BY
nrAi harN MAR af IL
time three cemeteries In Savannah, one
"the new cemetery on Abercorn street,"
one 'the old or brick cemetery" and the
third "the burial ground now used for per-
sons of color" which three cemeteries were
declared to 'be the only places for burial
for all persons who may or shall be buried
in the city of Savannah" etc. The larger
part of this ordinance possesses no interest
In connection with the subject under con
sideration. A distinction drawn in the
sixth section, however, between "the new
cemetery" and cold brick cemetery" ap-
pears to be somewhat signifcant
"SEC 6. Be it further srdabaed, That It
shall be the duty of the sexton to bury In
the new cemetery all strangers who have no
relations inferred in the old cemetery, I'M
less some proprietor or owner Of a vault in
the old cemetery shall consent in writing
that the body of the stranger may be buried
IN his or her vault, In which case 1t shall be
the duty of the sexton to report such written
permission to the Mayor and Chairman of
the Cemetery Committee, who may confirm
or refuse said permission, according to his
or their discretion
The first consideration, suggested by this
section, is that the authority of the city over
the two cemeteries was not the same. Over
the new cemetery its power was absolute,
because the land was the property of the
city, and by 1t alone dedicated. The au-
thority of the city over the old cemetery
on the other hand, is supervisory as though
it were trustee for certain uses 1t may
be replied that this was owing to the fact
that it had parted with the lots to individual
purchasers, and 1t could not, therefore, ex-
ercise the same control as over one but re-
Gently laid out This may be so, but,
under that eupposition, the title 10
the lots would not be in the city,
and II 30 how could they arrogate such
authority as the abrogation of a written
permit of the owner of a lotP And this
suggests a second consideration in connec-
ton with this section, towit: that the
owners or proprietors of lots In the old
cemetery did not possess fee simple titles.
II they had, what power on earth could
prevent their entering whomsoever they
pleased In their own vault? And vet
their written permission so to do was
invalid and Intellectual unless eountersigned
by the Mayor. There was something be-
hind this ordinance to render interments in
the old cemetery SO difficult and though
these considerations may not prove much,
they at least suggest the fact that para
mount even to the title which was obtained
by the proprietor of a lot, there was a vest
ed interest somewhere superior and anterior
to that title, which the chief executive of
the city was bound to look after and pro-
tect.
Here follows a collation. OF the acts and
ordinance in reference to the cemetery of
Christ Church, which it is unnecessary to
reproduce.
In conclusion, It may be asked to what
does this investigation tend? What practi-
cal result will have ensUed from this search
into the pastp In the first place, IL viewed
simply as an investigation of the former
history of our church, your committee feels
satisfied that the time has not been idly
wasted. which has been devoted to the
perusal Of these precious records. In
this age of busting progress amid the
cares and excitement of every day affairs,
we are too apt to drop UNDECIDED those pre-
cious links In the chain of history, which,
scattered lavishly within our reach, will, to
another generation, be lost forever. The
race of men whose minds are
stored with "reminiscences Of the
last century is gradually
disappearing, and as they one by one pass
away to their eternal rest, with each is |
buried mine Of what will soon be price |
less. The records which we have cited are
to be found In but one perishable volume In |
the archives of the city. Should they be