The times. [volume] (Richmond, Va.) 1890-1903, 1892-11-20
WASHINGTON'S MOTHER
THE MONUMENT TO M1RY WISH
ryGToN AT FREDERICKsBURG.
Uni, TEXT of the Decision Of the Case Of COL
bsSt and Kirtiey Against Shepherd
An Interesting opinion.
Colbert e. Kirtley


The petition OF Joseph W. Colbert an
william F. Kirtlcy. under the firm an
style OF Colbert q Kirtley. complains
a judgment Of the Circuit Court OF tn
City Of Fredericksburg, rendered on TIT
2sth day OF March. 1891, in an action
law. in which the said petitioners ar
plaintiffs, and George Washington snep'
herd is defendant. o..
The form of the suit is an action Iol
damages for the alleged breach OF a writ
ten contract, declared upon and mace
profert of In the declaration, 10 "ilCH
there was demurrer oVerruleo ny 'nt
Court. The Jury, upon the evidence SCI
forth In the record, and under instr uclioiia
given by the Court, after refusing 10 give
instructions asked for by the plalhtllis'
found a verdict for the defendant. The
plaintiffs moved the Court 70 set the
verdict aside and grant to them new
trial. upon the ground that the Verdlct
was contrary to the law and the eN-
dence: which motion the Court oVerruleu,
and entered judgment for the DEFENDANT
In accordance with the verdict
The record I'm this case presents TOT
review by this court, the sacrilegious and
shockingly shameful spectacle Of con-
troversy and traffic over the grave ana
sacred ashes of Mrs. Mary Washington,
the honored and revered mother OF the
transcendent Man OF all the ages, who'
in the annals Of the world, is without
prototype, a peer, or parallel. MARY
the mother OF Washington, a deeply
pious. intellectual. resolute woman re-
fused 20 surrender her supremacy by
residing with any of her children ana
chose TO live by herself on her farm III
Stafford county, opposite Fredericksburg,
hu he ola and dOmeStlCS.
I'm the exercise of her systematic and
beneflcent authority; until her illustrious
son urged upon her his solicitude for her
personal safety, and his apprehension
that the capture Of her person by the
enemies of her country, to be held as
hostage, might, some time, constrain nim'
ss the Commander-in-cheifo OF the KeVo-
Iutionary patriots, to elect between pub
lie duty and fllal affection. She removed
to the village of Fredericksburg, on the
south side Of the Rappahannock river
and resided there from l176 to l1Sy In
plain wooden structure. framed ana
weatherboarded, within three squares or
the Kenmore" residence of Colonel Field
ing Lewis, the husband of her daughter
Betty. There, at the age of eighty-three
years, on the 18th day of August, 1872,
she died. and was buried on the apex or
a hill which overlooks the valley OF
little stream of water. which on the west
ern side Of Fredericksburg, winds its way
10 the Rappahannock river. There, ira
dition says, she resorted frequently, dur
ing her fourteen years Of solitary lie, Tor
meditation and prayer; and sat often for
hours upon the ledge Of rocks that crops
out on the top of the hill: and that she
gave directions to be buried there, on the
land then the property OF her son-in-law,
Colonel Fielding Lewis. About the year
offer Mrs Washing
ton was buried, an Association was or
ganized TO erect n monument to her men,
ory over her grave; and General Andrew
jackson, the renowned President OF the
United States, who had been cOmpatriot
i'm arms with her great son, and whose
youthful blood had been shed in the Revo-
lutionary war for the Independence or
their common country, was invited to lay
the cornerstone.
And on the Eth day Of May. 1888. with
civic ceremonies and military pageant
worthy of the occasion, the Venerated
Chief Magistrate Of the United States,
who. the ilustrious Thomas Jefferson
said "had filled the measure Of his 'coun-
try's glory" in the name and in behalf OF
all the people Of this great country, per-
formed the signal act OF public gratitude
and affection, and laid the cornerstone
of the Monument which marks the grave
of the mother of the Father Of his Coun-
try; and thus, in the most solemn and
impressive manner. dedicated to public
and pious uses, forever, the consecrated
spot where the remains of this honored
woman had repOsed for fOrty-iive years
In the grave where the pious duty and
reverence of her children had laid her.
From that day to this, no right or claim
OF private ownership has ever been ex-
ercised over IL or made TO it, In Beatty
against kuntz. Judge Story said ut 0he
loO was originally consecrated for a re-
igious purpose; IL has become a reposi-
tory Of the dead, and 1t cannot now be
resumed by the heirs of Charles Beatty"
In Cincinnati against White, the Court
said: "There is no particular form or
ceremony necessary in dedication to pub
lie use. All that is required is the assent
OF the owner/of the land, and the fact of
its being used for public purposes" Beat
" " Kuntz, . Peters, $50; Cincinnati V.
white, 6 Peters, 1S6.
In the appropriate and elegant address
made by Mr. Bassett. chairman Of the
monumental committee, TO the President
OF the United States at the laying of the
cornerstone OF the Monument, he said:
ain looking upon this monument the citi-
gems of these States will remember, that
they are brothers. They will remember.
that here lie the ashes OF the Mother
of the Father of his Country They will
acknowledge, too. this just tribute TO the
merits of her. who, early deprived of the
support of her consort, encouraged and
fostered, by precept and example, the
dawning virtues of her illustrious son,
and nurtured into maturity those nobler
faculties which were the ornament and
glory OF her waning years. They will
acknowledge the hallowed character OF
this romantic spot, ever TO be remembered
as the place chosen for her private devo-
tions. Here she asked, as a dying re-
quest, that her mortal remains might
rest. Hallowed be this wish! Sacred this
spot! Lasting as Time this monument!
Let us cherish the remembrance Of this
hour. Let us carry with US hence en-
graved on our hearts the memory of her
who is here inferred. Her fortitude, her
piety. her every grace Of life. her sweet
peace in death, through her sure hope Of
q blessed Immortality"
To this, President jackson responded In
an address exquisitely beautiful and
Justly proportloned to the great occasion
and the mighty theme; in the conclusion
OF which he said: at is to me a source
OF high qualification, that l can speak Of
him from personal knowledge and obser-
walton. L witnessed the public conduct
saw and participated in the confidence
which he inspired when probably the
stability Of our institutions depended upon
his personal influence In the grave be-
fore US lie the remains OF his Mother.
Long has II been unmarked by any monu-
mental tablet; but not unhonored. You
have undertaken the pious duty Of erect
ing column TO her memory and OF in
ecribing upOn IL the simple hut affecting