Class_Sy3 'T Book . 3 rj a ■3- .- « CM •- o 138,943 §8* c m CM CM CM Si « \!^ <$S- Square No, 1115 Original 4-4-1807 '.'. 1116 Added 1849 1104 •• 1853 I <& / Res. 18 " 18 8 No. 1105 " L858 • L106 •• aboul L859 . 1117 * " 112:! •• " 1859 ' " 11*0 " " 1875 ' " L148 1876 * 1149 " " L875 HISTORY OF THE CONGRESSIONAL CEMETERY. Part I. The " Congressional Cemetery ; ' is a burial ground containing about 30 acres lying near the north shore of the Eastern Branch of the Potomac River in Washington, D. C. The tract is irregular and is composed of a number of squares lying east of Seventeenth street and south of E street SE. The institution is the property of the vestry of Christ Church. Washington parish, incorporated, and is known officially on the vestry records as " The Washington Parish Burial Ground." The official name is rarely used, however, and it has nearly always ^ been called the " Congressional Cemetery." The reason for thisiwill 3 be seen from the recital of facts to follow herein, but briefly stated it is because when the cemetery was first established in 1807 it was chosen by the United States as the place of interment for nearly every member of Congress or executive officer who died while hold- ing office, and the custom was adhered to by the Government for many years afterward. During the earlier years of holding sessions of Congress in Wash- ington, Christ Church was the place of worship for many men prominent in Government affairs. President Thomas Jefferson attended there. Some of the descendants of President Washington were members of the vestry, and a pew in the church was set aside by the vestrymen for the perpetual use of the President of the United States and his family. Hence it was but natural that the Government should select for the interment of deceased Government officials the burying ground owned by Christ Church. Monuments have been erected therein for nearly 200 members of Congress and other public men. Because of its semiofficial character and the ground owned therein by the Government, Congress from time to time has appropriated money for its care, improvement, and repair, At one time an attempt was made to have it designated " public ground " of the Government, but the request for such designation was not granted. It has always been popularly called the " Con- gressional Cemetery." Private persons established this burial ground April 4, 1807, on whal was known as "square No. 1115," a plot of ground containing about -U acres and lying between E and G streets and Eighteenth and Nineteenth streets, all southeast. At the original division of the land in Washington between the original proprietors and the Federal Government square 1115 was assigned to the United States. March 8, 1708. It was designated as a cemetery following the abandonment for burial purposes of a plot of ground known as " square L026," in the northeast part of the city, between 11 and 1 and Thirteenth and Fourteenth streets NK.. which had been set aside for a graveyard by the Commissioners of Washington, February 28, 1798. Square 1026 was too low and watery. The order of (he Commissioners set- ting it aside is as follows: Washington, D. C, February 28, t798. In consequence of the numerous objections which have been made against burial grounds in other cities, the Commissioners of Washington have laid out HISTORY OF THE CONGEESSIONAL CEMETERY. two squares on the borders of the city, Viz, squares 109 and 1026, and have directed a portion of each to be well inclosed for public burial grounds for the use of all denominations of people. (Old Records, vol. 4. p. 89.) Square 100 mentioned in the above order was in the northwest part of the city, between Florida avenue and S and Nineteenth and Twentieth streets, all northwest. When it was found that square 1026 was undesirable for burial purposes an association was formed by the inhabitants of the eastern part of the city with the object of securing a location more suitable for a cemetery. Square No. 1115 was chosen and purchased from the superintendent of the city, Thomas Monroe. The article- of sub- scription for the purchase of the new site specified among other things that when the graveyard became free from debt it should be assigned to the vestry of Washington parish. The price of lots was placed at $2 each, to enable the poor to buy sites. It was also provided that no infidel should be allowed burial therein. The preamble and articles of subscription to the burial ground are as follows: Washington City, IpHl '/. 1801. A great inconvenience lias long been experienced by the citizens residing In the eastern portion i f the city for want of a suitable place for a burying ground. It is well known that ti ic at the northeast boundary of the city, dow occu- pied as such, is a low and watery situation and very unfit for a place of inter- ment. To remedy this inconvenience, a square of ground west of the marine hospital, being square 1115, hath been purchased from the superintendent of the city for $200. 'This piece of ground is thought equal to any that can be had in the city for that purpose. To raise the purchase money and a sum sufficient to inclose th< square with a substantia] post and rail fence, we, whose names are hereunto subscribed, do promise to pay such sums as are annexed to our mimes, respectively, under such conditions as are hereunto prefixed : that is to say : First. The ground shall he laid off in lots of :; by 8 feet. Second. Any person shall be at liberty to subscribe for lots from l to 15, at $2 each, the lots to be transferable. Third. Any person applying at a future time to purchase shall be admitted at the same rate as the original subscribers. Fourth, if there should not be a sufficient sum subscribed to carry into effect the object hereby contemplated and any citizen will advance a sufficient sum to complete the same, they shall be reimbursed with interest the sum so advanced out of the Brs1 money arising from the proceeds of said ground Fifth. When the graveyard, with its improvements, shall be unincumbered of debt, then the subscribers shall assign over all the right and title of the said ground uo1 subscribed Cor to the restry of Washington parish, subject to the restriction 3 of the third art ic'.e. Sixth, immediately after the ground shall be properly inclosed and laid <>i'f. a sexton shall be furnished with a plan of the burying ground laid off In lots properly numbered, and each proprietor's aame marked, on his particular lot. No person shall be permit ted to dig a grave but the sexton or his assistant. Seventh. No person known to deny a belief in the Christian religion shall ever be admitted to a righl in this burying ground The records of the vestry of Christ Church, from which the above article-- were copied, do not show the names of the signers. In Mr. Crew's History of Washington, however, it is stated thai among the original signers were Henry hu.de. George Blagden, Griffith Coombe, S. N. Smallwood, Dr. Frederick May. Peter Miller, John T. Frost, and Commodore Thomas Tingey. Mosi of the above-named persons were then members of the vestry of Christ Church. May 6, L807, the subscribers held a meeting and appointed Messrs. Coombe. Blagden, and Ingle as trustee- to care for the cemetery, have it platted and inclosed, and provide a sexton. The report of their meeting is as follow-. b HISTORY OF THE CONGRESSIONAL CEMETERY. At a meeting of the subscribers to the burying ground at the east end of the city of Washington, held at the new church near the Navy-Yard, May 6. 1807. Resolved, That Messrs. Coombe. Blagden. and Ingle be trustees to take the necessary care of and have a plan of the said graveyard laid off, agreeable to the best of their skill and judgment, and to contract for enclosing it in a suitable manner. Resoivcd. That Mr. E. Yidler be a person to act as sexton for the said grave- yard, whose duty it shall be for himself or his assistant to lay off all the graves and superintend the digging and covering the same, at the rate of $3 per grave. Adjourned. Mr. Henry Ingle was named as agent for the committee to arrange for securing a deed from the superintendent to square No. 1115. The transfer of the property was made March 25, 1808. The deed of the superintendent provided that one-fourth of the square conveyed should be set apart for gratuitous interment of paupers. It provided also, in accordance with the terms of the articles of subscription, that the price of grave sites should not exceed $2 each. A copy of the deed from Thomas Munroe, superintendent of the cit}^, to Henry Ingle, as agent, is as follows: [Liber T, No. 19, folio 219. Recorded March 2.",. 1808.] Thomas Munroe, supt., to Henry Ingle, as an agent. Territory of Columbia, City of Washington, set. Whereas it appears that the square numbered one thousand and twenty-six, heretofore appropriated for and used as a burial ground, is an ineligible site for that purpose in consequence of its low and wet situation, for which reason a number of the inhabitants of the city have contributed toward the purchase, enclosure, and improvement of a more suitable site, and have nominated Mr. Henry Ingle their agent to purchase and receive a conveyance of such site. These are therefore to certify that the undersigned superintendent of the City of Wash- ington, on the fifteenth day of April last, sold to the said Henry Ingle, for the sum of two hundred dollars, all that square or portion of ground in the City of Washington designated and numbered on the plan of the said city "One thou- sand one hundred and fifteen" as and for the use and purpose of a burial ground for all denominations of people, subject to the terms and conditions declared by the President of the United States for regulating the materials and manner of buildings and improvements on the lots in the said City of Washing- ton, and subject also to such regulations as the vestry of Washington parish in the Territory of Columbia shall lawfully ordain and establish: Provided, however, Thai such regulations shall appropriate and set apart one-fourth part of the said square hereby sold for the gratuitous interment of those inhabitants who may die without leaving the means of purchasing grave sites, or paying for the privilege of burial therein : And provided also, That (he price demand- able lor (he said grave sites and privilege of burial shall in no case nor at any time hereafter exceed the sum of two dollars for each corpse, exclusive of the customary expense of digging a grave. And the whole of the purchase money aforesaid being paid and satislied by the said Henry [ngle to the said superin- tendent, it is therefore considered the said Henry Ingle, bis heirs and assigns, be, and they hereby are, entitled to the said square numbered one thousand one hundred and fifteen in fee simple, for the use and purpose of burial ground, subject to the terms, conditions, regulations, and provisions aforesaid. Done and certified pursuant to the act of assembly of Maryland, entitled "A further supplement to the act concerning the Territory and the City of Washington." Witness my hand the twenty-fifth day of March, in the year of our Lord one thousand eighl hundred and eight. Thomas Munrok, Superintendent. During (he period from May 6, L807, to March :•>(). L812, the cemetery a Hairs were in charge of the trustees for the original sub- scribers. By March 24, 1812, the purpose of freeing the cemetery HISTORY OF THE CONGRESSIONAL CEMETERY. ( from debt had been accomplished, and a meeting was held at which Mr. Ingle reported that the institution was ready to be turned over to the vestry in pursuance of the original plan. The following is a copy of the record of the meeting: TBook 1, vestry record, p. 106.] Washington, March 24, 1812. Committee for the burial ground met agreeable to notice. Present: Messrs. Blagden, Coombe, and Ingle. Mr. Ingle informed the committee that the sexton had made his returns; that they had been duly entered on the subscription list, and that the funds arising from the sales of the sites had been paid to Mr. Griffith Coombe, as will be seen by the account before the committee, it being just the balance due him on his account, and that the burial ground was now unincumbered of debt. It was therefore Resolved, That Mr. Ingle be requested to present to the vestry of Washington parish the deed and plan of the burial ground, and list of subscribers thereto ; also the proceedings of the committee, with their accounts, etc., and to make the necessary transfer of the ground to the said vestry requesting their accept- ance of the same. The committee then adjourned sine die. (Test: Signed, John Ingle.) Following this meeting on March 30, 1812, the committee reported to the vestry showing that the cemetery was free from debt, accom- panying the report with the proposed deed and plan of the new burial ground, and the proceedings of the committee with reference thereto. The vestry accepted the deed and plan of the cemetery, and adopted rules and regulations for its conduct such as would con- form with the recommendations of the committee and the provisions of the deed of 1807 from the superintendent of Washington. Among other provisions the regulations prohibited the interment of persons of color. The record of the meeting of March 30, 1812, is as follows : I Book 1. record of vestry proceedings, p. '.).".. | Easter Monday, March 30, 1812, At a meeting of the vestry this day. Present: Rev. A. T. McCormick, James Young, Griffith Coombes, Henry Ingle. Absent: Thomas Tingey, Samuel Elliot, Samuel II. Smallwood, J. "Joseph Forest. The register presented a letter from .Mr. ingle, accompanied with a deed and plan of the new burial ground, the list of subscribers thereto, the proceedings of the committee on the same, and their accounts; also a transfer of the ai said deed to the vestry. Ordered, That the letter be read, which was read as follows: "Washington, March SO, 1812. " Gentlemen of the Vestry of Washington Pabish : "I am requested by the committee who have lately had charge of the new burial ground, being described on the plan of the city of Washington as square No. 1115, to present to you the iWcd and plan of the burial ground, with the list of subscribers thereto: also the proceedings of the committee, with their ac- counts, etc.. Bubjecl to its patent provisions. "I have also agreeable to request executed a transfer of the said ground to the vestry of Washington parish, all of which I herewith transmit to you, and in behalf of the committee do request your acceptance of the same. " You will observe by the subscription list that there has been sold ■ sites. which are accordingly designated as sold on the plan, though some of them have not yet been paid for. the funds arising from those which have been paid for have been expended for the ground and enclosure, as will be seen by the accompanying accounts. "1 am, gentlemen, your most obedient, IIe.nky Im.ee. " In behalf of the Oommitti 8 HISTORY OF THE CONGRESSIONAL CEMETERY. Resolved, That the said burial ground, with the deed, plan, list of subscribers, proceedings, accounts, and transfer of ground, be, and they are hereby, accepted by the vestry. Resolved, That the burial ground presented to the vestry this day be desig- nated by the name and titie of the Washington Parish Burial Ground. Resolved, That the deed from Thomas Munroe, superintendent, to Henry Ingle, for the Washington Parish Burial Ground, be recorded on the journal, and that the original be filed. Resolved, That the plan of the burial ground presented to the vestry this day be, and is hereby, declared to be the permanent plan of the Washington Parish Burial Ground, and that it be deposited with the register's papers. Resolved, That the preamble and articles of subscription to the list of sub- scribers to the burial ground be recorded on the journal ; that the subscribers' names thereto attached with the number of sites to each name, and the num- ber and situation of each site be entered on a book to be provided for that purpose, to be called the register of the Washington Parish Burial Ground, and that the original be filed ; and be it further Resolved, That the name of all future subscribers, with their number of sites, etc., be registered in the said register ; also that all transfers of sites be made in said register. Resolved, That the proceedings of the late committee on the burial ground be recorded on the journal, and that the originals, with the accounts accompanying them, be filed. Resolved, That the transfer of the burial ground made by Henry Ingle to the vestry be recorded in the land records for the county of Washington. (Re- corded 31st March, 1812; original filed.) First. Resolved, That in pursuance of a provision in the deed from Thomas Munroe, superintendent, to Henry Ingle, for square No. 1115, the vestry do appropriate and set apart so much of the said square as lies south of the south fence (being one-fourth part) for gratuitous interments, subject, nevertheless, to the rules and regulations of the vestry. Second. Resolved, That the vestry do confirm and declare to be and continue in force the first, second, and third articles under which the subscribers did subscribe for sites in the burial ground. Third. Resolved, That a sexton be appointed for the burial ground, whose duty it shall be for himself or his assistant to lay off the grave sites and dig and cover the graves at $3 per grave ; that no person but the sexton or his assistant shall be permitted to dig any grave, and that the sexton shall be the only person to whom application must be made for sites; but he shall not receive any person's name as a subscriber nor break the ground of any grave until the grave so subscribed for or to be broken shall have been paid for. He shall make returns to the treasurer half yearly and pay the amount received for sites to him. His returns shall state the number and situation of every site so sold, with the proprietor's name, and be signed by himself, which returns, after being registered, shall be filed. The vestry then proceeded to elect a sexton, when Elections Middleton was unanimously elected. Fourth. Resolved, That sites Nos. 1, 2, 3, 4, and 5 in I west be, and they are hereby, appropriated and set apart for the exclusive privilege of the burial of Rev. Andrew T. McCormick and bis family free of the stated charge for sites. Fifth. Resolved, That no person shall bo permitted to take sites in the graveyard in any other than the rows which will be from time to time appro- priated for the interment of strangers, etc., unless such person shall take at least three silos. Sixth. Resolved, That the rows for the interment of strangers and others who take less than three sites be for the present so much of A and B east as is not sold. Resolved, That the treasurer be authorized to have the burial ground orna- mented with trees as near as he may think propel- to this plan of the said ground. Resolved, That no person of color shall be permitted to be buried within that pari of the burial ground which is now enclosed. Eighth. Resolved. Thai all graves shall he digged at least f. loot (i inches from ilio natural surface of the earth to the bottom of such graves. Ninth, Resolved, That no person shall he permitted (<' enclose their sites in the burial ground with any kind of fence or palisade of wood. HISTORY OF THE CONGRESSIONAL CEMETERY. 9 Tenth. Resolved, That the sexton be directed to permit no hearse, hack, or other wheeled carriage to enter on the burial grounds on any account whatso- ever. Eleventh. Resolved, Thai the vestry will not consider themselves accountable for any Intrusion or Irregularity which may bappen through mistake amongst the sites, when the sites so Intruded upon are not laid off with corner stones or stakes, with at least two plain Initials of the proprietor's name and ending with No. 51. In G east ."I sites beginning with No. 21 and ending with No. 51. In II east 33 sites beginning with No. 19 and ending with No. 51. [Vestry record No. 1, p. 153.] April 3, 1820. Vestry met ; quorum present. Resolved, That upon application to the register he may (if he shall judge proper) grant permission to the sexton to bury on the grave sites located for the interment of members of Congress any of the heads of Departments of the General Government or their families, or the families of members of Congress. Meanwhile the growth of the cemetery made it advisable that it be inclosed by a wall. The price of grave sites was so low, however, that the money received from their sale was not sufficient to build the wall desired by the authorities. Various measures for raising money to make this improvement were proposed, but nothing could be devised by which the revenues of the cemetery could be increased enough to raise the amount necessary to make the proper inclosure. It was finally suggested that Congress be asked to make an appro- priation 1'or this purpose, and November 23, 1823, a committee was appointed to present the matter to Congress, under the following resolution : Resolved, That a committee be appointed to prepare and present to Congress in the name of this vestry a respectful memorial asking of that honorable body a reasonable appropriation of money in aid of the means of this parish, to inclose the Washington parish burial ground with a brick wall. Rev. Mr. Allen, Commodore Tingey, and Captain Smallwood were appointed as said committee. HISTORY OF THE CONGRESSIONAL CEMETERY. 11 The >itcs previously donated t<> the Government had been located near the northeast corner of the cemetery and the remains <>(' a num- ber of prominent public officials had been interred there, among them being Vice-President Elbridge Gerry, of Massachusetts; Vice-Presi- dent George Clinton, of New York; Samuel Otis. Secretary of the Senate; Uriah Tracy. United Stales Senator from Connecticut; Francis Malbone, Senator from Rhode Island, and a [lumber of Rep- resentatives. It was considered that because of these interments Congress might favor making an appropriation for the improvement of the cemetery, and as a further inducement to secure this aid on December 15, 1823, 300 more burial sites were set apart in the ceme- tery in the vicinity of those previously donated for the use of the Government. The record of this second donation is as follows: [Vestry record No. 1, p. 189.] The following proceedings of a mooting of the vestry wore omitted to be entered in proper place: Washington Pabish, Monday, December 15, 1828. The vestry met. Present : Rev. Mr. xYllen, Mr. Sprigg, Mr. Tingey, Mr. Smallwood, Mr. Coombe. Resolved, That the following sites in the Washington Parish Burial Ground be set apart (in addition to those already reserved tor that purpose) for the interment of members of Congress and others connected with the General Gov- ernment, subject nevertheless to all the regulations for the government of the said burial ground, viz : Sites. Nos. l to 4. inclusive, in range A east 4 N'ns. ! to 8, inclusive, in range B east 8 Nos. 9 to 15, inclusive, in range V east 7 Nos. 52 to 74, inclusive, in range F east 23 Nos. !> to 17. inclusive, in range G east 9 Nos. ~>- to 7 1. inclusive, in range cause to be erected around the Washington Parish Burial Ground a substantial brick wall after such plan as they may determine 'in. and that the treasurer pay the orders of the said committee, not exceeding in the whole $2,000. Adjourned. John P. Ingle, Register. HISTORY OF THE CONGRESSIONAL CEMETERY. 13 [Vestrj record No. 1, January 8, lsici. 1 Pursuant to adjournment the vestry met Presenl : The rector and all the vestrymen excepl Mr. Lewis. Mr. [ngle, from the committee appointed on the litli of May last to cause a wall to be erected around the Washington Parish Burial Ground, submitted a reporl stating that the work was completed, and thai the whole expense thereof was $2,126.47, when it was resolved that the report be accepted and that the sum of $126.47 be appropriated In addition to the amounl appropriated on the 1 1 tli day of .May Cor the purpose of paying the expense thereof, payable out of any funds arising from the sale of grave sites. The rate of burials in the cemetery increased constantly after its inclosure, and the time of the keeper was employed almost constantly in taking care of the graves and grounds. By the year 1831 condi- tions seemed to warrant the creel ion of a keeper's house at the ceme- tery, but as the funds were low on January 5 the vestry appointed a committee to make application to Congress for an appropriation to aid the vestry in building a house for the keeper and otherwise improving the cemetery. May 31, 1832, Congress made the desired appropriation in the sum of $1,500, to be expended under the direction of the commissioner of public buildings, to aid in the erection of the keeper's house, planting trees, placing boundary stones, and adding other betterments. The act reads as follows: [ t Stat. L., 520.] AN ACT To aid the vestry of Washington parish in the erection of a keeper's house, and the improYement and security of the ground allotted for the Interment era of Congress and for other puhlic officers. Be it enacted, etc., That the sum of one thousand five hundred dollars be. and tlie same is hereby appropriated, out of money in the Treasury not other- wise appropriated, to be expended under the direction of the commissioner of public buildings, for the purpose of aiding the vestry of Washington parish in the erection of a keeper's house, for planting trees, boundary stones, and other- wise improving the burial grdund allotted to the interment of members of Congress and other officers of the General Government. May 26, IS'M. at a meeting of the vestry a committee was appointed to perfect plan- for building a house for the keeper. Thanks were also given to Congress for the appropriation made and to certain, individual members for their efforts in securing the passage of the bill. The record of the proceedings of the vestry thereon is as fol- lows : [Vestry record No. 1, May 26, 1832.] The vestry met this day. Present: Rev. F. W. Hatch, Jonathan Prout, James Tucker, William Marten, and John 1". Ingle, vestrymen. The register communicated to the vestry the information of the passage of an act by Congress of the United states appropriating the sum of $1,500 to aid the vestry in erecting a keeper's house at the Washington parish grounds, and in otherwise improving the said grounds. It was thereupon unanimously resolved that the thanks of the vestry to Congress for this liberal aid. and especially to the lion. George C. Washington, of the ii<>u-.o of Representatives, and the Hon. Ezekiel Chambers, of the Senate, chairmen of the respective committees, for their generous efforts in obtaining the passage of the hill, he recorded on the journal of the vestry. Resolved, That Griffith Coombe, Jonathan Prout, and John P. Ingle be appointed a committee to contract for and superintend the erection of a keep- er's house at the Washington Parish Burial Ground and the further improve- ment of the said ground. Adjourned. John P. Ingle, Register. 14 HISTORY OF THE CONGRESSIONAL CEMETERY. The northwest corner of the cemetery, at Eighteenth and E streets, was chosen as a site for the keeper's house and it was built there in accordance with the terms of the appropriation of $1,500, which sum was paid over by the commissioner of public buildings to Griffith Coombe, December 31, 1832. By this time about forty burials of deceased Government officials had been made in the cemetery, by order of the Government, and it was generally recognized as the official burying ground of Congress. Only an occasional burial in Washington of a deceased official was made in another cemetery, and these were afterwards removed and placed in the " Congressional Cemetery. 7 ' Through lack of funds the vestry authorities had not been able to build a receiving vault, and as one was desired by Congress for use at interments of members, on July 14, 1832, an appropriation of $1,000 was made to supply this convenience — the money to be expended under the direction of the commissioner of public buildings. The statute is an item in the supplementary act making appropriations for civil and military service and reads as follows: For the construction, under the superintendence of' the commissioner of public buildings, of a substantial brick or stone vault in the Washington Parish Burial Ground, for the temporary interment of members of Congress, $1,000. (4 Stat. L., 581.) The money thus appropriated not being sufficient for completing the vault, Congress appropriated $1,000 more on March 2, 1833 (4 Stat. L., 650): "For completing the public vault and railing thereon." And June 30, 1834 (4 Stat. L., 722), $193.89 was appropriated " For the actual deficiency in the appropriation made during the last year for the enclosure of the public vault and the improvement of the public burying ground." From the records of the commissioner of public buildings, it appears that the above sums were expended under his direction, in accordance with the statute. The ground on which the vault thus provided for was erected was near the center of the cemetery, and was designated on the plat thereof as Nos. 116 to 125, inclusive, in ranges E, F, G, and H west, making a pint of ground about 30 by 36 feet. The vestry ordered walks 3 feet wide laid out on each side of the ground thus appro- printed in lieu of the walk closed by the building of the vault. Its use for receiving the remains of members of Congress was of course declared to be free, a charge of $5 being made to others desiring to place bodies therein. Of this charge the sexton retained $1.50 for his services, and the balance was directed to be paid over to the vestry "to be expended in the improvement of the grounds and in keeping the same in order." The brick wall elected in 1824 had been damaged by the action of water after heavy rains, and in some places had been carried entirely away. Other slight damages had been occasioned in the same way, and to repair these defects, June 30, 1834, Congress appropriated $1,966 for the following purpose, as shown by the statute (4 Stat. L., 722) : " For rebuilding the wall and constructing a culvert and drain at the burying ground," and to complete this repairing a further appropriation of $600 was made March 3, 1835. (4 Stat. L., 770.) HISTORY OP THE CONGRESSIONAL, CEMETERY. 15 Both of these appropriations were expended by the commissioner of public buildings in accordance with the statute. Thereafter for ten years the vestry asked no further appropriations from Congress for the benefit of tiie cemetery and none -was made. Interments continued steadily, in both Government and private sites. Eash succeeding year the need of additional ground for the cemetery became more apparent, and in L843 the cemetery authorities began taking steps to acquire it. December 18, 1843, a meeting of the vestry was held and a com- mittee was appointed to secure the passage of a law allowing the cemetery to enlarge its boundaries. East of square No. L115 the Government owned a large tract of land described as reservation No. 13, otherwise known as * - Hospital square," because the marine hospital stood thereon, and the committee was directed to purchase a part of this tract, in case the necessary legislation could be had. A memorial was presented to Congress by the committee asking that a law be passed permitting the addition of more ground and the use of streets between the ground they might acquire, ami during the year L843 the committee endeavored to secure the passage of a bill that would permit such action by the vestry of Washington parish. Congress adjourned without passing the proposed bill and thereafter attempts to secure such legislation were made at three succeeding ses- sions of Congress, all without obtaining the end desired. Meanwhile Congress had made other appropriations for the bene- fit of the cemetery, and had expended $1,500 in grading and gravel- ing the road leading from the Capitol to the cemetery. Unusually heavy rains had thrown down about 100 feet of the wot wall and 75 feet of the south wall of the cemetery, had washed the road- badly, and had done othr damage in the lower parts of the yard. To repair these damages and to grade the road leading from the Capitol to the cemetery, on August 1'). 1846, appropriations were made as follows: For repairs to Congressional Rurial Ground, rendered necessary by the late freshet, $500.00. For repairs to the mad leading from the Capitol square to Die congressional burial ground, rendered necessary by the late heavy rains. t<> be expended under direction of the comniisioner <•!' public buildings, $1,500. i :» Stat. L., 93.) The journal of the commissioner of public buildings of 184G shows that on' Octobre 16, 1846, $500 was paid to John P. Ingle for repairs, etc.. and that the other $1,500 was expended during October. L846, for repairs under the direction of the commissioner. In L847 for the fourth time the memorial to Congress was renewed asking for legislation upon the subject of an enlargement of the Washington Parish Burial Ground, and the matter was presented by a committee composed of General Henderson. Captain Cunningham, and John P. Ingle. Action on the bill was first secured in the Senate, where it was passed. Pending the action of the House thereon, the vestry, on June 21, 1848, adopted a resolution by the term- of which the vestry agreed to give to the United States the privilege of buying one-fourth part of the said burial ground if desired within two ye irs after the passage of the bill at the same rates paid for sites by private persons, the United Slates not to be held subject to any part of the expense of putting up or keeping up the incidental expenses of the burial ground. This provision was incorporated in the bill before 16 HISTORY OF THE CONGRESSIONAL CEMETERY. it passed, with the exception of the two-year limitation as to the time of purchase, which was stricken out. The resolution of the vestry is as follows : Whereas a bill has been passed by tbe Senate of the United States and is now pending before the House of Representatives, entitled "A bill to authorize the sale of a part of public reservation No. 13 in the City of Washington, and for other purposes," the object of which is the extension of the Washington Parish Burial Ground; and whereas it may be desirable that the United States shall have a right to purchase a portion of said burial ground when it may be enlarged, it is therefore resolved by the vestry of Washington parish that the Congress of the United States shall at any time within two years after the final passage of the said bill have a right to purchase any part of the said burial ground, not exceeding one-fourth part thereof, which may at the time remain unsold, at the same rate which private individuals purchase, and the whole purchase money which the United States may pay for said ground shall be applied to the inclosing and graduating of the said burial ground. According- to the records of the commissioner of public buildings, reservation No. 13 above referred to — was one of the original appropriations which, together with the streets, were reserved by President Washington's order for the use of the United States forever. In bis order, which was dated March '2, 1707, reservation No. 13 is described as follows : " Thirteenth. The appropriation bounded on the north by the south side of south P. street, on the west by the east side of Seventeenth street east, the south by the north side of south G street, and on the east by the Eastern Branch or Annakostia River." In the record book containing a copy of the said order reservation or appro- priation 13 is called "The Hospital square," and is stated to contain 77 acres, roads. 20 porches. The bill allowing the enlargement of the cemetery became a law July 25. 1848, and gave to the United States the right to purchase part of the cemetery if desired, in accordance with the vestry pro- ceedings of June 21, above set forth. The bill also authorized the commissioner of public buildings to sell to the vestry such part of reservation No. 13 as the War and Navy Departments deemed it proper to sell ; the vestry was further given authority to inclose, possess, and occupy the street between reservation No. 13 and the cemetery, and also, with the consent of the corporation of Washington, to " inclose, possess, and occupy so much of any street or streets as might pass between the original plot of square No. 1115 and any other whole square of ground of which the vestry might become possessor," limit- ing the size of the cemetery to 30 acres. The act reads as follows : [9 Stat. L., 250, July 25, 1848.] AN ACT TO authorize the sale of a part of public reservation numbered thirteen, in the city of Washington, and for other purposes. l'r it enacted, etc., That the commissioner of public buildings in the city of Washington be, and he is hereby authorized to sell to the vestry of Washington parish such portion of the public reservation of land in the city of Washington numbered thirteen, called the Hospital square, as the said vestry may desire to purchase, for the purpose of enlarging the Washington parish burial ground, not exceeding six acres: Provided, The Secretary of War and the Secretary of the Navy shall be of the opinion that the said land can be sold without injury to the public service: and, upon payment being made to the said commissioner Cor the said land, at the same price per acre which the United States received for the adjoining square of ground numbered eleven hundred and fifteen he shall execute a conveyance therefor to the said vestry, in the same manner as he now conveys public lands when sold. HISTORY OF THE CONGRESSIONAL CEMETERY. 17 Sec. 2. And be it fmi her enacted, That the vestry of Washington parish shall have authority to enclose, possess, and occupy so much of Nineteenth streel cast as passes between square numbered eleven bundred and fifteen In the city of Washington (the present burial ground) and the land proposed by the lirst section of this act to be sold: and also, with the consenl of the corporate authority of the city of Washington, the said vestry may enclose, possess, and occupy su much of any street or streets, as may pass between the said square numbered eleven bundred and fifteen, and any ether whole square of ground of which it may become the possessor, for the sole purpose of enlarging tbe said burial ground. Sec •">. \nrori!), /N JN. The ground thus described and allowed to be sold contained about. 2 1 acres. , Under the authority given to him to buy additional ground the register first purchased the whole of square No. 1116, a tract oi aboul 2', acres (exclusive of the portion of (t street between), lying south of square No. L115 and bounded by (i street on the north. Nineteenth street on the east, 11 street on the south, and Eighteenth streel on the west. The consent of the authorities of the corporation of Washington was secured to inclose and, occupy (J street from Eighteenth to Nineteenth, between the two squares of ground, in accordance with the act of duly 25, L848. The following is a copy of the vestry proceedings and the act passed by the city of Washington, to w it : I Record No. I, April 2, L894. 1 A special meeting or the vestry was held this day. Present: Rev. Wm. Hodges, rector; Henry Naylor, James Tucker, Jonathan Prout, Anthony Addison, and John l'. tngle, vest rymen. HISTORY OF THE CONGRESSIONAL CEMETERY. 19 The register Informed the vestry thai he had a1 length succeeded in purchas- ing the whole of square No. L116 in the city of Washington, under the authority given to him on the 10th of October last, and also other lots of ground in the vicinity of the burial ground, ;'. particular reporl of which he would make to the vestry hereafter. The register also submitted a pint showing the manner in which be proposed to lay out square 1116 Into burial sites us a pari of the Washington parish burial ground! The vestry approved and adopted the plan proposed, and the register wms authorized t<> have the said square and Inter- vening street inclosed and improved :is be may think best. The following is a copy of the act of the corporation of the city of Washing- ton, authorizing the vestry t<» inclose, possess, and occupy so much of . 1852, as the vestry company wished to still further en- large the grounds, the money derived from the sale of burial sites was set apart for the purpose of adding to and improving the cemetery, as shown by the following vestry record: | Record No. 1, July 19, 1852.] An adjourned meeting of the vestry was held this day. Present: Ke\\ William Bodges, rector: James Tucker, William Richards, Jonathan Trout. Henry Naylor, Arch. Henderson. John P. Ingle, vestrymen. The following preamble and resolution were considered and adopted: Whereas the increased demand for burial sites in the Washington Cemetery and other causes make it important that the cemetery should be again enlarged : and whereas the vestry has authorized the treasurer to contract for and pur- Chase ground for this object : therefore be it Resolved, That any money derived from the sale of burial sites in said cemetery he. and hereby is. pledged and set apart to meet any engagements which the treasurer may enter into for the purpose of extending ami enclosing the said cemetery. Adjourned. John P. Ingle, Register. Under this provision, square No. 1104. joining square 1115 on the west and containing about :>', acres, was acquired by the vestry and the sonsent of the corporation of Washington secured for the vestry to inclose, possess, and occupy Eighteenth street between squares 1115 and 1101. This gave up to the cemetery Eighteenth street, between 20 HISTORY OF THE CONGRESSIONAL CEMETERY. E and G streets SE., and the boundaries were formally extended to include the new square and the street thus given up. The vestry pro- ceedings with regard thereto and the copy of the act passed by the City of Washington giving up Eighteenth street, between E and G streets SE., are as follows: [Record No. 1, October 8, 1853.] A special meeting of the vestry was held this day. Present: Rev. William Hodges, rector; William Richards, Henry Naylor. Jonathan Prout, John M. Roberts, Hugh McCormick, S. A. H. McKim, and John P. Ingle, vestrymen. The register informed the vestry that the corporation of Washington had, under authority of Congress, passed an act to authorize the vestry to enclose and incorporate a part of Eighteenth street east in the Washington Cemetery, of which act the following is a copy : "AN ACT Authorizing the vestry of Washington parish in enclose, possess, and occupy a portion of Eighteenth street east. " Whereas, by an act of the Congress of the United States, approved on the 25th day of July, in the year 1848, entitled 'An act to authorize the sale of a part of the public reservation numbered 13 and for other purposes,' the vestry of Washington parish is authorized, with the consent of the corporate authority of the City of Washington, to enclose, possess, and occupy s<> much of any street as may pass between square 1115 (the present burial ground), and any other whole square of ground of which the said vestry may become the possessor for the sole purpose of enlarging the said burial ground : "And whereas the said vestry has purchased the whole of square 1104, and has applied to this corporation to pass an act to authorize the said vestry to enclose, possess, and occupy so much of Eighteenth street east as lies between square No. 1115 and square No. 1104 ; therefore " Be it enacted, That the consent of this corporation be, and is hereby, given to the vestry of Washington parish to enclose, possess, and occupy so much of Eighteenth street east as lies between square No. 1115 and square No. 1104, the said part of said street to be used only according to the conditions of the act hereinbefore mentioned. "Approved May 28, 1853." Resolved, That the Washington Cemetery be now extended so as to embrace the whole of square No. 1104 and that part of Eighteenth street oast which lies between it and square No. 1115; and that Mr. Prout, Mr. Richards, Mr. .McCormick, and Mr. Ingle be a committee to prepare a plan for the same, and to cause the ground to be enclosed and improved. Adjourned. John P. Ingle, Register. The following table exhibits the original arrangement and lettering of the sites in the cemetery up to the time of the second enlargement thereof (in the year 1853-54). And also the numbering of the same ranges as adopted by the vestry on the 8th of May, 1854, as made necessary by the said enlargement. [Record No. 1, May 8, 1854.] East: Old arrangement: Letters.— A, B, C, D. E, F, G, H, I, K, L, M, N, O, P, Q, R. New arrangement: Figures.— 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40. West * Old arrangement— A, B, O, I>, E, 1\ G, 11, I, K, L, M, N, O, P, Q, R. New arrangement.— 57, 56, 5.'), 54, 53, 52, 51, 50, 49, 48, 47, 46, 45, 44, 43, 42, 41. The north boundary of the cemetery now extended from Seven- teenth and Georgia avenue east to Eighteenth and E, and east on E street t<. Nineteenth. The vestry was anxious to erect an iron fence along this line, but funds were not available for that purpose, and steps were taken to secure the necessarv amount from the Government in exchange for additional burial sites in the cemetery. General Henderson and John P. Ingle had been appointed a committee in the HISTORY OP THE CONGRESSIONAL CEMETERY. 21 matter February 4, 1850, but had made no progress thus far. Decem- ber 18, 1854, the same gentlemen were reappointed (vestry record No. 1) — To apply to Congress to purchase a number of burial sites in the Washington Cemetery, upon condition that the purchase money should be applied to the erection of an Iron fence on the north front of the cemetery. The committee thus appointed presented a memorial to Congress asking that an appropriation be made to build the fence in exchange for burial sites, hut no hill was passed. February 4, 1856, according to the vestry record, the same committee was requested to renew the application to Congress for the passage of the appropriation. As a result of this application Congress appropriated $5,000 on August is. L856 (11 Stat. L.. 88), as follows: To enable the Secretary of Hie Interior to purchase live hundred burial lets in the Congressional burying ground, a sum not exceeding live thousand dollars: Provided, That the same be expended in the construction of an iron fence on the north side of said burial grounds. As soon as this sum was secured the committee was authorized to effect the sale and to procure plans and estimates of cost of a suitable fence. John 1'. Ingle register for the vestry, and Dr. John B. Blake, commissioner of public buildings acting for the Secretary of the Interior, went to the cemetery and selected the location of the sites for the Government. November 7. L856. Three hundred and sixty of the lots were in ranges 58, 59, and GO — -120 in each range, and were just east of the lot line on Eighteenth street between E and G. The other 1 !<» were just west of the lot line of the same portion of E street, in ranges 61 and 62 — 70 lots in each range. Twelve additional lots in each of ranges Nos. 61 and 62 were also secured by Doctor Blake in exchange for some sites used by the Government in the northwest corner of square No. 1116, in ranges 54, 55, 56, and 57, being numbers 165 to 170, inclusive, in each range. It will be seen by reference to the description of the sites heretofore donated to the Government by the cemetery that they were all in square 1115. The cemetery authorities, however, had placed on the sites in square 1116 eight monuments to deceased Members of Con- gress whose remains were interred elsewhere. It was arranged to have these removed to some other part of the cemetery. It is appar- ent that the 24 sites selected by Doctor Blake in ranges 61 and ('>•_! were acquired in exchange for sites in square 1116 that the Government did not own. November 8, 1856, Mr. Ingle wrote to Doctor Blake with refer- ence to the selection of sites, as follows : Washington, November 8, J8J6. DEAB Snt: Annexed you will tind a list of the burial lots in the Washington Cemetery, commonly called the Congressional burying ground, which you yester- day selected Cor the Government of the United States under the ait of Congress entitled "An act making appropriation for certain civil expenses of the Govern- ment Cor the year ending 30th June, 1857," approved 18th August, 1856. 22 HISTORY OF THE CONGRESSIONAL CEMETERY. Lots Nos. 31 to 98 and Nos. mi to 152, Inclusive, in range No. 58, being Lots Nos. •">! to its and Nos. 101 to 152, inclusive, in range No. 59, being Lots Nos. 33 to 98 and Nos. 10] to ir>2. inclusive, in range No. 60, being Lois Nos. 66 to 98 and Nos. 116 to 152, inclusive, in range No. 61, being Lots Nos. 66 to 98 and Nos. 11<"> to 152. inclusive, in range No. <>-. being Making 500 The lots which you propose to take for the Government in exchange for the like number, viz, Nos. 165 to 170. inclusive, in each of the ranges ; Nos. 54, 55, 56, and 57, and Nos. 54 to 65, inclusive, in range No. 61, say 12 lots, and lots Nos. 54 to 65, inclusive, in range No. oi*. say 12 lots. The inclosed is the form of certificates which we give to purchasers of ground. If you prefer any other and will prepare it. it shall be executed. With great respect, your obedient servant. John P. Ingle. 1 >v. John B. Blake. Commissioner of Public Buildings. November 9, 1856, a special meeting of the vestry was held, in which the matter of selection of the sites proposed to be exchanged was considered, and authority of the vestry given therefor. The proceedings are as follows, to wit: [Vestry record No. l. November 0, 1858.] A special meeting of the vestry was held this day. Present. George M. Dove, William Richards, Arch Henderson. Henry Nailor, Jonathan Prout, and John P. Ingle, vestrymen. The treasurer stated that the Secretary of the Interior had authorized Dr. J. B. Blake, the commissioner of public buildings, to make a selection of burial sites in the Washington Cemetery for the United States, under the late act of Congress, giving authority to do so, and that Doctor Blake desired to exchange sites Nos. 165, 166, 107, 168, 169, and 170 in each of ranges Nos. 54, 55, 56, and 57, now owned and occupied by the United States, for the like number of sites (say 24) in the last addition to the cemetery. The vestry agreed to make the proposed exchange. (Note. — On these sites no interments have been made, but monuments erected I here to the memory of eight members of Congress, which monuments are to lie removed, i Adjourned. John P. Ingle, Register. Mr. Ingle's letter of November 8, was referred to the Secretary of the Interior on November 11 by Commissioner Blake, with a re- port of the selection of the sites, as follows: Office of the Commissioner ok Public Buildings, November 1 1. 1856. Sn; : Herewith 1 transmit to you a copy of a letter from John 1*. Ingle, esq., containing the number of the ranges and lots I selected in the Congressional burying ground by your direction. I also consented that eighl Congressional monuments, occupying l'4 lots in an isolated position, should be removed to the lots selected by me. pro- vided the same number of lots should be set apart for the Government in connection with those I had selected. 1 had no authority for making the exchange, but as it was manifestly for the interest of the (Joverment. and as .Mr. ingle was willing to act upon my acquiescence, I did not hesitate to give it. There are no remains under the eighl monuments proposed to be removed. The certificate to which the letter refers being the usual form issued by authority of the vestry of the parish to which the cemetery belongs, I have not deemed it necessary to require any change in it. Very respectfully, your obedienl servant. John B. Blake, Commissioner. lion. Robert M< < Jlelland, Secretary of the Interior. HISTORY OF Till'. CONGRESSIONAL < KM KTKKY. 23 November L2, L856, the Secretary of the Interior approved Doctor Blake's selection in the following letter: I>l PAM Ml-.NT 01 I III. i M l.lMoi:. November 12, Jx~><;. Sik: I am in receipt of your inter of yesterday, apprising the Department of your having selected the additional number of sites in the Congressional burying ground required by the net of 18th Augusl last, and in reply Inform yen that the selection is approved, as well ;is the exchange referred to by yon. Very respectfully, your obedient servant. K. McClelland, Secretary. Dr. J. 1'.. Blake, Commissioner of Public Buildings, Washington, l>. C. The description of these 500 sites purchased and the 24 secured in exchange, •">•_> -t in all. is as follow-, by range and number: Five hundred sites purchased : Sites. Range 58, Nos. 31 to 98 and 101 to 152 120 Range 59, Nos. 31 to 98 and 101 to 152 120 Range 60 Nos. ::i to 98 and nw to 152_. 120 Range 61, Nos. 66 to 98 and 116 to 152 70 Range <;•_>. Nos. 66 to 98 and lie, to 152 TO Total 500 Twenty-four sites in exchange: Silt'.-'. Range id. Nos. 54 to 65 1- ilaiiLre 62, \<>s. 7,4 l<» 65 •- Total. 24 Copies of the certificates of the vestry for the above sites, now on file in the Office of Public Buildings and Grounds in charge of Col. Chas. S. Bromwell, are as follows: Know all men by these presents, That the United States of America are ent'tled to tive hundred burial sites in the Washington Cemetery, established on squares numbered eleven hundred and four, eleven hundred and fifteen, and eleven hundred and sixteen, in the city of Washington; which said sites are known and described op the plan of 1 he said cemetery as sites numbered thirty- one to ninety-eight, and one hundred ami one to one hundred and fifty-two, inclusive, in each of ranges numbered fifty-eight, fifty-nine, and sixty: and sites numbered sixty-six to Dinety-eighl and one hundred and sixteen to one hundred and fifty-two, inclusive, in each of ranges numbered sixty-one and sixty-two; transferable by the said United States, their attorney, or assigns on the transfer book of the said cemetery, subjeel nevertheless to all rules which have been or may be made for the government thereof. In testimony whereof the \estry of Washington parish have caused me to issue these presents and hereunto t<> affix their common seal this twelfth day of November, in the year id' our Lord one thousand eight hundred and tifty-six. .ion x P. I m.i r. Register. [Christ Church. City of Washington. Faith.] Know all men by these presents, Thai the United States of America are entitled to twenty-four burial sites in the Washington Cemetery, established on squares numbered eleven hundred and sixteen, in the city of Washington; which said sites are known and described on the plan of the said cemetery as sites numbered fifty-four, fifty-five, tifty-six. fifty-seven, fifty-eight, fifty-nine, sixty, sixty-one. sixty-two. sixty-throe sixty four, and sixty-live, in ranges No. 61 and 62; transferable by the said United States, or their attorney, or assigns, on the transfer book of the said cemetery: subject nevertheless to all rules which have been or may be made tor the government thereof. In testimony whereof, the vestry of Washington parish have caused me to issue these presents and hereunto to affix their common seal this twelfth day of November, in the year of our Lord one thousand eight hundred and tifty-six. Jonx P. Ingle, Register. 24 HISTORY OF THE CONGRESSIONAL CEMETERY. These burial sites arc given in exchange for sites No. 1G5, 166, 167, 168, 169, and 170 in ranges No. 54, 55, o. 1857, he applied in extending the flagging the whole length of the avenue, as was originally in- tended. The records of the commissioner of public buildings show that the expenditures above referred to were made under the direction of the commissioner. Meanwhile the committee appointed to secure plans and estimates for erecting the iron fence had delayed the matter, in the hope of securing for a lower price a portion of an iron fence around the Capitol square that was to be removed. The act of March 3, 1857, which authorized the Secretary of the Interior to remove the fence provided that a part of it should be used to inclose Judiciary square, the balance to be used in inclosing such public grounds as the President might direct. March 16, 1857, Messrs. Henderson and Ingle, as a committee from the vestry of Christ Church, wrote to the commissioner of public buildings. Dr. Jno. B. Blake, to see if an order could not be made by the Presi- dent designating the Washington Parish Burial Ground as " public grounds " under the statute, and thus enable them to acquire the old fence, to be used in connection with the new fence to be purchased with the appropriation of 1856. A copy of the letter is as follows: Washington, March m. 18,57. Dear Sin: You arc aware that in August, 1856, an appropriation of $5,000 was made by Congress for the purchase of burial sites in the Congressional Cemetery, upon the condition that the same be expended in the construction of an iron fence on the north front of said cemeb ■ \o sieps were taken last year toward the construction of the fence, because it was supposed that the <>ne around the Capitol square, or a pari of it. would he taken down this summer and -old. in which event we expected to purchase enough of it at a moderate price, so that the appropriation made, with sonic other means in hand, would enable us to rebuild it at the cemetery. An act passed at the session of Congress just closed authorizes the Secretary of the Interior to apply so much of this old fence as may he necessary to the inclosing of the Judiciary square, and the balance of it is to be used in inclosing such of the public grounds as the Presidenl may direct. The length of the fence around the Capitol square is over 8.000 feet, and the quantity necessary to surround the Judiciary square is less than 4,000 feet. The whole front of the cemetery is about 1,200 feet. Our objeel in presenting these facts to you is to ask whether this cemetery may he regarded as public grounds, to which the President may grant a part of the old fence, and if so. that you would please to ask the President for authority to apply so much as may he necessary for the front of it. It is true that the HISTORY OF THE CONGRESSIONAL CEMETERY. 25 whole of this ground does not belong to the United States, but they own a large part of it and many expensive monuments on it. The front fence of the cemetery is to I E Iron, the other sides are to be of brick walls, for which no aid will be asked of the Government No money has been provided to meet the cost of transferring the old fence to the Judiciary square, or elsewhere, and If thai portion which is now being taken down is m>t safely stored it will be stolen and Inst. If we are obliged to make an entire new fence all our means will not enable us to complete it for some time, but if it shall be the pleasure of the President to transfer enough of the old for the object contemplated we can immediately make it a complete work. With great respect, your obedient servants. W. A. Henderson. John P. Inclk. Committee. Dr. John B. Blakk. Commissioner of Public Buildings. (The section of the statute of March 3, 1857. referred to in the above letter is as follows:) Sec. 6. -l/"/ be it further enacted, Thai it shall not be lawful Cor the Secre- tary of the Interior, in executing the Improvements around the Capitol ordered in this or in any other act, to sell either the railing, coping, or rubble stone now in use on the Capitol grounds, but shall, when they are superseded, use so much thereof as may be necessary in inclosing Judiciary square, and the remainder shall be used in inclosing such public grounds as the President may direct March 18, 1857, the commissioner of public buildings submitted the above request to the Secretary of the Interior, setting forth the nature of the Congressional Cemetery and the interest the Government had therein, and recommending the disposal of the old fence in case the President should not feel warranted in granting the request of the vestry committee. A copy of the commissioner's letter is as follows: Office or the Commissioner of Public Buildings, [larch t8, is:,:. Sir: I respectfully submit for your consideration the accompanying letter from General Henderson and John T. Ingle, esq., the committee in charge of the Congressional Cemetery, requesting me to ask the President to authorize the appropriation of so much of the iron railing around the Capitol as may be nec- essary for the front inelosure of the cemetery to that object The cemetery belongs to Christ Church, but the Government has a large interest in it. Besides upward of a hundred monuments erected to the mem- ory of members of Congress and the qublic vault, the Government owns 500 grave sites, which I recently purchased in pursuance of instructions from the Department. In 1824 Congress made an appropriation to aid in the election of a substantial wall around it. and at the last session appropriated $2, 200 for paving the main avenue with flagging from its commencement to the Congres- sional vault. The property the Government owns in the cemetery, and the interest it has evinced for its preservation and decent appearance, by various appropriations for Improvements, would seem to authorize the suggestion of the committee that it may he considered public ground within the meaning of the sixth section of the civil miscellaneous appropriation act approved 3d of March last. Captain Meigs has commenced removing a part of the railing that incloses the Capitol grounds, with the view of enlarging the terraces about the new portions of the building. I am informed that it will be necessary to remove 500 feet of the railing, and as 1 have no secure place to store it. I am appre- hensive that much, if not all of it, will be stolen before it can be brought into r QUisition for the purposes designated in the section of the act to which I have referred. Should the President feel himself unauthorized to grant the request 2(5 HISTORY OF THE CONGRESSIONAL CEMETERY. of the committee, I respectfully recommend the sale of the railing that is now to bo taken down if it will not conflict with the disposition Congress has pros- pectively made of it. and I presume it will not, as the proceeds can at any time be applied to the accomplishment of those objects. Very respectfully, your obedient servant. Jno. B. Blake, Commissioner, lion. Jacob Thompson, Secretary of the Interim-. March 21, 1S5T, the Secretary of the Interior denied the request of the cemetery authorities, stating' that the title to the cemetery was not in the Government, and it could not therefore be regarded as public ground of the Government within the meaning of the act of March 3, 1857. A copy of the Secretary's decision is as follows : Department or the Interior. March U. 1857. Sir: I have considered the request of General Henderson and Mr. Ingle, submitted in your letter of the 10th instant, to be allowed to use a portion of the iron fence about being removed from around the Capitol grounds in inclos- ing a part of the cemetery commonly known as the Congressional Burial Grounds, but do not feel authorized to comply therewith. The act passed on the .".(1 instant requires that so much of that fence as may be necessary shall, when superseded, be used "in inclosing Judiciary square," and that "the re- mainder shall be used in inclosing such of the public grounds as the President may direct." The cemetery (the title to which is not in the Government) can not be regarded as "public grounds" within the meaning of the act, and if it were otherwise the fence could not properly be appropriated to that object until alter the reservation specially named had been inclosed as contemplated by ( Jongress. Your proposition to sell the fence can not be entertained. The prohibition coul ained in the act is in express terms, and forbids that disposition of it. It is my desire that in this, as in all other matters coining under the super- vision of this Department, the will of Congress shall be strictly carried out, and with this view you will see that the materials referred to in your letter be properly secured and carefully preserved until they can be legitimately applied to the purposes for which they were intended. I am, sir. very respectfully, J. Thompson, Secretary. Dr. Jno. B. Blake. Commissioner of Public Buildings. March 30, 1857, the erection of a new fence was authorized, as shown by the following record of the vestry meeting: [Record-No. 1. March 30, 1857.] The vestry met this day according to notice. Present: The rector and all the members of the vestry except Doctor McKim. The committee authorized on the 25th of August last to procure plans and estimates of the cost of constructing an iron fence on the north front of the Washington Cemetery made a verbal report recommending such a fence as that now around the Capitol square and estimating the cost thereof at about $G.f>0 iter foot. The said committee were authorized to have such a \'v)uo put up, except that the coping shall be of granite instead of sandstone if prac- ticable. It was stated that about $160 had been subscribed for the pur- pose * * * . Adjourned. John P. Ingle. Register. February 26, L858, the commissioner of public buildings reported to the Secretary of the Interior the completion of the fence, and asked for the Secretary's approval of the voucher for its cost. The com- missioner's letter is as follows: HISTORY OF THE CONGBESSIONAL CEMETERY. 27 Office of the Commissioneb of Public Buildings, February 26, 1858. Sik: The Comptroller of the Treasury requires your written approval on the within voucher before lie will allow il to pass to my credit. Your predecessor, in November, 1856, directed me to purchase the 500 burial lots, and to pay for the same according to the terms of the proviso to the appropriation. I have acted in compliance with his direction. W'vy respectfully, your obedient servant. Jno. B. Blake, Commissioner. lion. Jacob Thompson, .S( cretary <>f tin- Interior. (The iron fence has been finished and is substantial as well as ornamental. — J. B. B.) Earlier in L858 the register had bought (he portion of reservation No. L3 available under the statute of July 25, L848, and the subse- quent derision of the War and Navy Departments, allowing -\ acres of said reservation to he disposed of. This tract on the cast was added to the burial grounds, giving them three adjacent squares from Sev- enteenth cast to Twentieth between E and G streets, and square L116 between (J and II and Eighteenth and Nineteenth. Numerous other purchases had been made by Mr. Ingle of lots located in various squares near by, all for the ultimate purpose of adding ground to the cemetery. Under the statutes at that time, however, the vestry au- thorities were required to own all of a square before it could be made a part of the cemetery. The cemetery had bought lots in the follow- ing squares, the location of which squares is as follows: 1105, which joined square 1104 on the south. 110b. which joined square 110-" on the south. 1117. which joined square 1110 on the south. 1123, which joined square 111G on the east. 1130, which joined square 1123 on the east. 1148, which joined square 1130 on the east, it in. which joined square 11 IS on the east. The consent of the Government was necessary to use certain streets desired to be inclosed, and a committee had been appointed— to prepare and present to Congress a memorial asking that authority be given to the vestry of Washington parish to take hold and enclose, with the consent of the corporation of Washington, such parts of the streets and open spaces as may be necessary in order to the extension of the Washington cemetery as far south as the north side of Water street, and also to ask for such other powers and protection as the said committee should deem necessary. Genera] Henderson and John P. Engle were appointed as this com- mittee, in the spring of L858 they presented the matter to Congress and secured legislation allowing the proposed extension to Water street, a street on which the following above-named squares abutted on the south: L106 and 1117. and which street joined II at Nine- teenth. (See plat herewith. ) On May L8, L858, Congress passed an act under the terms of which the vestry of Washington parish was authorized with the consent of the corporation of the city of Washington to inclose and use forever Eighteenth and Nineteenth streets between (t and Water, and (I and II streets between Seventeenth and Twentieth, all southeast, provid- ing, however that these portions of streets should not be sold for any purpose, but that the United Stales should retain them for the inter- ment of members of Congress or such officers of the Government as might die in Washington. 28 HISTORY OF THE CONGRESSIONAL CEMETERY. The act of May 18, 1858, reads as follows: [11 Stat. L., 289.] AN ACT To authorize the vestry of Washington parish to take and enclose certain parts of streets in the city of Washington, for the purpose of extending the Washington ceme- tery, and for other purposes. Be it enacted, etc., That the vestry of Washington parish shall be, and are hereby, authorized, with the consent of the corporation of the City of Washing- ton, to take, enclose, and use forever those parts of Eighteenth and Nineteenth streets east, which lie between the north side of G street south and the north side of Water street; and also those parts of so\ith G and south H streets which lie between Seventeenth and Twentieth streets east, for the purpose of enlarging the Washington cemetery : Provided, That the power hereby conferred shall not be exercised as .regards such particular portion of either of the afore- said streets as may pass in front of any lot of ground not owned by the said vestry, until the said vestry shall become the owners of such lot of ground: And provided further, That the said vestry shall not sell for any purpose what- ever any of the aforesaid parts of streets, but the United States shall retain and hold such parts thereof as may be laid out for burial purposes for the inter- ment of Members of Congress or such officers of the Government as may die in Washington. Sec 2. And he it further enacted, That no canal, railroad, street, or other alley shall ever he laid out or opened into or through the Washington cemetery, except such avenues or walks as may be laid out by the vestry of Washington parish for the use and purposes of the said cemetery. Sec 3. And be it further enacted, That the Washington Cemetery shall be forever free from taxation. The Congressional Globe of May 15, 1858, contains the following with reference to the passage of the act of May 18, 1858: T Congressional Glohe, 1st sess., 35th Cong., p. 2163.] In the Senate. The Senate, as a committee of the whole, proceeded to consider the bill (H. R. No. 542) to authorize the vestry of Washington parish to take and enclose certain parts of streets in Washington City for the purpose of extending the Washington Cemetery, and for other purposes. Mr. Bhown (Albert G., Senator from Mississippi). The title of the bill is a little unfortunate; but the vestry of Washington parish really have the juris- diction of the Congressional burying ground. We call it the Congressional bury- ing ground, but the control over it is in the vestry of Washington parish. There are certain little short streets lying back of it, running down to the water, on which nobody travels, or ever will travel, if they remain a thousand years. I do not suppose they would ever be opened up; and the vestry propose to turn them into the Congressional burying ground. They never have been opened, and never will he. and never can he. on account of the situation of the grounds. They have no right to enclose them without our consent. What they ask is to run the Congressional burying ground down to the water. There is a little neck between the Congressional burying ground and the East Branch of the Potomac which they propose to take; and they reserve to you the exclusive rigid to bury Members of Congress, or any officials who may happen to die. They will bury .•my id' yon there. (Laughter.) The bill was reported to the Senate without amendment, ordered to a third reading, read the third time, and passed. The President (James Buchanan) signed the bill May 18. By the act of July 25, 1848, the cemetery authorities were allowed to "enclose, possess, and occupy so much of any street or streets as might pass between the original plot of square No. 1115 and any other whole square of ground of which the vestry might become the possessor," and under the provisions of this act (i street, bed ween Eighteenth and Nineteenth SE., had been so occupied, platted, and used for cemetery purposes for nearly ten years. HISTORY OF THE CONGRESSIONAL CEMETERY. 29 Through some oversight, doubtless, the acl of May is. L858, failed to make an exception of this portion of (i street, when the reserva- tions of streets to the United States were named, Tor the streets thus reserved arc Eighteenth and Nineteenth, from G to Water, and G and II streets from Seventeenth to Twentieth. The vestr}- agreed to the conditions imposed in this statute at a meeting held .May "J.^. L858. The committee also reported that an act had been passed by the city of Washington giving the consent desired for inclosing streets. The following is a record of the meet- in-- : [Record No. 1. May 25, 1858.] A special meeting of the vestry was held litis day, due notice of which was given to all the members thereof. Quorum present. The committee appointed on the lith day of January last to apply to Congress for authority to enclose certain parts of the streets in the city of Washington in order that the Washington Cemetery may be extended, presented a copy < >f an act of Congress in relation thereto, viz: [Act of May 18, 1858, set forth in full.] It was thereupon resolved thai the vestry does hereby accept the aforesaid acl of Congress with its conditions. * * * The committee also reported to the vestry thai an act had been passed bj the boards of aldermen and common council of the city of Washington, giving the consent of the corporation of the said city to the enclosing of the parts of streets as required by the lirst section of the aforesaid act of Congress; but thai the bill had not yet received the approval of the mayor of Washington. The following is a copy of the act passed by the corporation of the city of Washington allowing the use of certain streets to the cemetery. which was approved by the mayor May '27. 1858. to wit : AN ACT giving the consent of the corporation of the city of Washington to the enclosing and use of certain parts of streets for the extension of the Washington Cemetery. Whereas by an act of Congress approved on the 18th day of May, 1858. authority is given to the vestry of Washington parish, upon certain conditions and "with the consent of the corporation of the city of Washington, to take, enclose, and use forever those parts of Eighteenth and Nineteenth streets east which lie between the north side of G street south of the north side of Water street, and also those parts of south G and south II streets which lie between Seventeenth and Twentieth streets east, for the purpose of enlarging the Wash- ington Cemetery:" Therefore. Be it enacted, etc., That the consent of the corporation of the city of Wash- ington be, and is hereby, given for the vestry of Washington parish to take, enclose, and use forever all the before-mentioned parts of streets upon the conditions and for the use mentioned in the aforesaid act of Congress. An examination of the plat shows that under the terms of the act of Congress and the above act of the corporation of the city of Washing- ton, the cemetery authorities could inclose the following squares and streets running between them, to wit: Squares 1104. 1105, HOG 1115, 1116, 1117. 1123, and a portion of reservation Xo. 13. These squares were aded to the cemetery thereafter whenever any one of the whole squares became the property of the vestry. Square 1105 was ordered to be added June 8, 185S. and the others quickly followed. In the year 18G1 the Government bought 50 sites in the Congres- sional cemetery for the purpose of burying therein the remains of deceased soldiers. At that time there were a number of soldiers in the various hospitals of Washington who had been brought here by order of the War Department. In June of 1801 Gen. D. H. Rucker, U. S. Army, then depot quartermaster at Washington, made a verbal agreement with one J. W. Plant, a local undertaker, to furnish the 30 HISTORY OF THE CONGRESSIONAL CEMETERY. grave and coffin and to bury soldiers dying in the different hospitals. Under this arrangement Mr. Plant purchased from the vestry of Christ Church 42 burial sites and 8 others were purchased for the Government by the quartermaster direct, and the bodies of deceased soldiers interred therein. Twelve or more sites were also purchased in the vicinity of those secured by the Government and the remains of deceased soldiers interred therein at the instance of friends of the decease* I. In April, L868, the remains of 4(5 of the soldiers were removed by the Government to the Arlington National Cemetery, and others were taken elsewhere by friends. The ground vacated measured (according to the records of the War Department) 62 sites, only 50 of which were paid for by the Government. As appears hereinafter, the War Department relinquished to the cemetery all claim of the United States to the sites thus vacated. In 1869 the cemetery authorities desired to make certain improve- ments in the southeast part of the grounds. That portion lying east of Nineteenth street and south of G was low and at times covered with water, and to obviate this the cemetery authorities wanted to till the low ground and grade the streets. An appropri- ation was secured March ?>. 1869, of $8,000. (Stat. L.. 309.) For care, improvement, and repair of the Congressional Burying Grounds, to be expended under the direction of the wardens and vestry of Chriet Church, Washington City. A committee composed of W. E. Roberts and Charles Hulse, mem- bers of the vestry of Christ Church, obtained the sum thus appro- priated, and it was expended in filling the low places in the south- east portion of the cemetery, in grading the streets, cutting trees, and making other minor improvements. The money was spent, however, before the desired improvements were completed, and Messrs. Roberts and Hulse at once set about securing additional funds from Congress for completing the work. Meanwhile the cemetery authorities wished to repurchase the sites in which the bodies of soldiers had been buried. The sites were in a desirable location, being in about the center of square 110-1 — the northwest square in the cemetery. August 14. L871, steps were taken at a meeting of the vestry to try and secure these sites from the War Department. The vestry record in reference thereto is as follows: The register was ordered to write to the honorable Secretary of War to ascertain whether the United States Government will sell to this vestry at the price purchased by it the 64 grave sites owned by the Government in ranges <;s. 69, 70, and 71. i Vestry record No. 2, August 14. 1871.) In accordance with this order the register, Mr. E. B. Bury, wrote to the Secretary of War on August 28, stating that the cemetery would like to buy the ^ites at the price paid therefor by the Gov- ernment. Reply to this letter was made October ('). L871, when the War Department in its letter relinquished to the cemetery the sites in question. The vestry proceedings in relation to this matter are as follows : HISTORY OF THE CONGRESSIONAL CEMETERY. 31 [Vestry record No. 2, October 9, 1871.] The register read the following letter from the Secretary of War which was ordered to be recorded and a vote of thanks tendered to the Hon. William Belknap, Secretary of War, for bis generous donation. It is as follows, to wit : W.\l; I >l I'AltlM Washington City, October 6, 1811. E. B. Buby, Esq., Register ( f hrist ('lunch . Washington, l>. ('.. 306 I. street, HE. Sih : in reply to your communication ol August 28, 1871, I am directed by the Secretary of War to inform yon thai the United States relinquish in favor of your chufcb all claim, or title, to 62 vacant grave sites, formerly obtained from said church and used for the interment ol deceased soldiers, whose remains have since been remo\ oil. 1 am, sir, yours, respectfully, Oscajr a. Mack, Major and Brevet Colonel, ' . 8. Army. The Government has made no other purchase of sites in the ceme- tery since the date of the transaction above set forth. Since 1856 the Government had been the owner of 924 sites, and the above transfer left !>24 sites in the cemetery the property of the Government. The following table shows the complete record of Government sites acquired, to wit : sites acquired by United states Government in the Washington 1'arish Burial Ground ("Congressional Cemetery," so called) hy donation and pur- chase, as shown hy the vestry records of Christ Church (proprietor of the cemetery), by the cemetery register, and by the records in the office of public buildings and grounds, Washington, 1 >. C, to wit: By donation of vestry to United States. April 15, 1816 (see item No. 1 below) - 100 By donation of vestrv to United States. December 15, 1823 (see item No. 2 below ) _• MOO By exchange of sites from one range to another. November :». 1856 (sec item \o. '. below) 24 By purchase of Interior Department. November 12. 1856 (see item No. 4 below) one 024 (Note.- According to the vestry records. 64 sites were purchased in 1861 by the War Department for the interment of soldiers. Their bodies were removed in 1868, Mini the Governmenl relinquished its claim to the vacant sites hy letter of the War Department, October (i. 1871. ( See item No. 5 below.) Item No. 1. 100 sites by donation of vestrv. April 15, 1816: Sites. Range F east or 29. Nos. 10 to 51 36 Range G east or 30. Nos. 21 to 51 31 Range II east or 31, Nos. 19 to 51 33 100 Hem Xo. 2. 300 sites by donation of vestry December 15, 1823: Sites. Range A east or - J4. X'os. i to I. inclusive 4 Range B east or 25, Xos. 1 to s. inclusive 8 Range F east or 29, Xos. '.) to 15, inclusive 7 Range F east or 29, Xos. 52 to 74, inclusive 2.". Range G east or 30, Xos. :t to it. inclusive 9 Range G east or 30, NOS. 52 to 71. inclusive 23 Range II east or 31, Xos. 6 to s. Inclusive 3 Range II east or 31, Xos. 52 to 74. inclusive 23 Range A west or 57, Xos. pi:; to 152, inclusive 50 Range B west or 56, Nos. in:: to 152, inclusive 50 Range C west or 55, Xos. pi:: to 152, inclusive •"><> Range l> west or r>4. Nos. 103 to 152, inclusive 50 300 32 HISTORY OF THE CONGRESSIONAL CEMETERY. Item No. 3. 24 sites by exchange November 9, 1856 : Sites. Range 61, Nos. 54 to 65, inclusive 12 Range 62, Nos. 54 to 65, inclusive 12 24- Item No. 4. 500 sites by pure-base November 12, 1S56 : Sites. Range 58, Nos. 31 to 98 and 101 to 152, inclusive 120 Range 59, Nos. 31 to 98 and 101 to 152, inclusive 120 Range 60, Nos. 31 to 98 and 101 to 152, inclusive 120 Range CI, Nos. 66 to 98 and 116 to 152, inclusive 70 Range 02, Nos. 66 to 98 and 116 to 152, inclusive 70 500 Item No. 5. About 64 by purchase of War Department in 1861, which were relinquished bv the War Department to the vestry of Christ Church, October 6, 1871 : Sites. Range 68, Nos. 71 to 80 10 Range 69, Nos. 68 to 82 15 Range 70, Nos. 64 to S2 19 Range 71, Nos. 63 to 82 20 64 May 18, 1872, as a result of the efforts of Messrs. Roberts and Hulse. the committee appointed to secure more funds from the United States. Congress appropriated $3,000, as shown by the following statute (17 .Stat. L., 131) : For the repair and improvement of the Congressional Cemetery, to be expended under the direction of the warden and vestry of Washington parish, District of Columbia, $3,000. This appropriation was placed in the United States Treasury at the disposal of the vestry, and the Secretary of the Interior ap- pointed Mr. Wm. E. Hutchinson as disbursing agent therefor. Under his direction the fund was used in grading a part of H street, filling some low ground, and in making other minor betterments. Follow- ing the disbursement of the fund Mr. Hutchinson's were balanced and closed by the Comptroller of the Currency, R. W. Taylor, as shown by the following letter : Treasury Department, Wash wijton, D. C, January 2J h 1873. Sir : Your account of disbursements for the repairs and improvements of the grounds of the Congressional Cemetery has been adjusted as per report of the First Auditor, No. 187374 balanced and closed . Very respectfully, R. W. Taylor, Comptroller. Wm. E. Hutchinson, Esq., Disbursing Agent for the Repairs and Improvement of the Congressional Cemetery. Washington, I). C. Only one more appropriation was ever made by Congress directly for the benefit of the Congressional Cemetery. The appropriation was made March 3, 1873 (17 Stat. L., 541), for $2,000 and is as follows: For repairs and improvement of the Congressional Cemetery, to be expended iimlcr tlio direction of and on vouchers to be approved by the officer in charge of public buildings and grounds of the District of Columbia, $2,000. Concerning the expenditures thus authorized the reports of the officer in charge of public buildings and grounds for the years 1873 and 1874 contain the following statements: HISTORY OF THE CONGRESSIONAL, CEMETERY. 33 Congressional Cemetery.- -An appropriation of $2,000 was made a1 the late session or' Congress Cor improvemenl of the cemetery, to be expended under the direction of this office. Accordingly a force was set at work in .Mine widening and grading a portion of il street southeast, included iii this cemetery. The work was not entirely finished at the close of the fiscal year. (Annual report fiscal year ending June :'.<>. 1ST."., p. 12.) Congressional Cemetery.- No work has been done in this cemetery since my last annual report except to grade and sod the slope of II street, which was widened last year. This was found necessary to prevent the grade from being destroyed by rains. The amount appropriated for the cemetery was thus exhausted. (Annual report for fiscal year ending June ■"■il, 1874, p. 8.) For some j^ears prior to the final appropriation by Congress for the cemetery in ISTo, negotiations had been pending for the purchase of the three squares lying between G and H streets, east of Twentieth street, being numbers 1130, 1148, and 1149. Part of the lots therein had been purchased from the Government by Mr. Ingle in 1859, and a committee of the vestry later had charge of the purchase of the other lots therein. About the year 1875, the east boundary of the cemetery was extended so as to include squares 1130, 1148, and a portion of the wot half of square 1149. thus completing the addition of ground which brought the cemetery up to its present size. Squares 1148 and 1149 are low and undesirable for burial purposes, and hence have but few interments therein. The following is a brief epitomization of the manner in which the Government appropriations for the benefit of the Congressional Cemetery were expended, viz: For brick wall .$2,000.00 For keeper's house and planting trees 1,500.00 For receiving vault and rail 2. Tit.".. 80 For rebuilding wall 1,900.00 For repairs to roads 2,000.00 For general repair and improvements 8,000.00 For iron fence (in exchange for sites) 5,000.00 For flagging road to vault 2,088.30 Total net expenditures 25,948.19 The following is a list of references in the Statutes at Large to the various acts by which appropriations were made, and extensions au- thorized, viz: Date. Vol. 6 4 4 t 4 4 4 9 9 9 11 11 11 11 15 17 17 Page. May 4, 1824 29 1 Mm v 31 , L832 520 July 14,1882 680 Do 581 March 2,1838 650 June 80, 1884 722 n>. 722 March 3. ls:;;> 770 A i gust lo. 1848 93 I >. 93 July 25, 1848 250 88 226 Mav is, 1868 289 June 12,1858 325 March 3. 1869 309 May 18, 1872 131 March 3, 1873 540 S. Doc. 72, 59-2- 34 HISTORY OF THE CONGRESSIONAL CEMETERY. Of the reservations of streets for the use of the Government made under the statute of May 18, 1858 — to wit: G and H streets from Seventeenth to Twentieth and Eighteenth and Nineteenth streets between G and Water — the above portions of streets enclosed within the cemetery have been reserved for the use of the Government, and have been kept sodded and trimmed, with the exception of G street between Eighteenth and Nineteenth ; this portion of G street was occupied by the cemeteiy and sold for burial sites under authority of the statute passed July 25, 1818. On H street between Eighteenth and Nineteenth, however, there is an encroachment upon the street by a row of vaults built along the north side of the street. Part II. GOVERNMENT INTERMENTS AND MONUMENTS IN THE CONGRESSIONAL CEMETERY. According to the register of burials kept by the superintendent of the Congressional Cemetery, there have been 109 interments therein by order or permission of the Government. Fourteen bodies have been removed since interment. Monuments were erected over 100 of these graves, of which one has since been removed. For one Congressman, James Gillespie, of North Carolina, there are two monuments, one at his grave and another among the cenotaphs in a different part of the cemetery. Hence there are now in the Con- gressional Cemetery on Government ground 8(5 monuments above the remains of persons interred therein, 1 extra monument for Congress- man Gillespie, and 13 monuments from beneath which the bodies have been removed. In addition to the above monuments 85 cenotaphs have been erected in the Congressional Cemetery in memory of deceased Senators and Representatives whose remains are interred elsewhere, making a total of 185 monuments at the present time. One of the cenotaphs is unmarked. An account will first be given of the interments and accompanying monuments, and second of cenotaphs for persons interred elsewhere. First. Interments and accompanying monuments: The cemetery register shows that of the 101) interments in Govern- ment ground in the Congressional Cemetery 08 were Representatives, 1<> were Senators, and 25 were persons occupying other positions in public life, as follows: Two Vice-Presidents of the United States, 1 Secretary of War, 1 Secretary of State, 1 Associate Justice of the United States Supreme Court, 1 secretary to the President (Tobias Lear, secretary to President Washington ) . 1 Secretary of the Senate, 1 Territorial Delegate, 10 army officers, 3 navy officers, 1 foreign minister from Prussia, 1 Choctaw Chief called Push- ma ta ha, 1 ( latharine Bressone, wife of a member of the French legation in 1824, and an unknown page in the I louse. Of the 14 removals, 9 were bodies of representatives, 3 were of Senator-. 1 Secretary of War, and 1 army officer. In every instance l»ut one the monuments were not disturbed. The exception was Tor that of Secretary of War Genera] Rawlins, whose remains and monument were taken from the Congressional Cemetery HISTORY OF THE CONGRESSIONAL CEMETERY. 35 and placed in Arlington Cemetery. The complete list of interments and removals is given hereinafter. The dimensions and general appearance of the monuments erected to deceased Senators and Representatives are unusual, and the monu- ments have always been objects of peculiar interest on that account. They are uniform in size, shape, and material. They are fashioned from sandstone on a broad base about 6 feet square, upon which is placed a square block about 3 feet high, surmounted by a cone-shaped top reaching to a height of about 5 feet above the ground. They are placed together at regular intervals in rows in the cemetery. With a few exceptions, each monument bears the following form of in- scription : The Honorable . a Member of the Congress of the United States from the State of , (or in case of a Senator it reads " a Senator of the United States from the State of "). Born. . Died, . The space occupied by each monument in some instances is two burial sites, in others three, depending upon how closely together the monuments were placed. Just who selected the form of these monuments is not known, but from the time of the first interment and erection of monument by the Government in 1807 (for Senator Uriah Tracy, of Connecticut) up to the year 1876 the pattern above described was followed for each stone put in place. No change in the form seems to have been sug- gested until the passage of the act in 1876, which abolished the cus- tom of erecting cenotaphs. The late Senator Hoar, of Massachusetts, then a member of the House, asked that the bill be amended to strike out the provision requiring all monuments thereafter to be erected to be in the form of cenotaph theretofore provided. In support of his proposed amendment, Mr. Hoar said: I wish the gentleman haying charge of this bill would allow an amendment to strike out the provision that all monuments hereafter to be erected shall be in the form of the cenotaph heretofore provided. It is certainly adding new terrors to death to propose that in any contingency, whatever may be the pov- erty or degradation of any Member of Congress, his body should be put under a struct ure similar to the cenotaphs now there, which are only excusable on the mound that nobody is buried under them. I can not conceive of an \iglier shape to be made out of granite or marble than those cenotaphs now there. To propose gravely to require by law that for all time structures of that fashion shall be placed over deceased Congressmen seems to me a little too bad. I move to amend the bill by striking out the words " in the form of the ceno- taph heretofore provided." Representative Willard, who had introduced the bill, agreed to the amendment, saying: I do not know that 1 have any objection to this amendment. I suppose that the words which the gentleman proposes to strike out were put in the bill with the idea of making the new monuments correspond in shape with those already erected. The bill therefore passed allowing a different form of monument if desired. As the Government's use of the Congressional Cemetery had practically ceased by that time, however, only one or two monu- ments appear which differ from the original form adopted. All monuments erected for deceased Senators, buried in the Con- gressional Cemetery, were paid for from the contingent fund of the 36 HISTORY OP THE CONGRESSIONAL CEMETERY. Senate at the order of the Secretary of the Senate. All monuments erected for deceased Representatives, buried in the Congressional Cemetery, were paid for from the contingent fund of the House on the order of the Clerk of the House. Direct appropriations have been passed providing for the monu- ments to Vice-President Elbridge Gerry and Maj. Gen. Jacob Brown. The acts read as follows: For Elbridge Gerry, March 3, 1823 (3 Stat. L., 777) : AN ACT For the erection of a monument over the tomb of Elbridge Gerry, late Vice- President of the United States. Be it vn acted, etc.. That the superintendent of public buildings be, and he is hereby, directed to cause to be erected, in the burial grounds of the city of Washington, a neat and appropriate monument over the tomb of Elbridge Gerry, late Vice-President of the United States, who died at Washington November twenty-third, eighteen hundred and fourteen, with a suitable inscription on the same, stating the name, station, age, and time of death of the deceased. Sec 2. And be it further enacted, That a sum not exceeding one thousand dollars be, and the same is hereby, appropriated for the payment of the cost thereof, from any money in the Treasury not otherwise appropriated. Approved March 3, 182:!. For Maj. Gen. Jacob Brown, June 30, 1834 (4 Stat, L., 722) : AN ACT Making appropriations for the public buildings and grounds, and for other purposes. % :£ ^: :{: ^s * ij: For erecting a monument over the remains of the late Major-General Jacob Brown, one thousand dollars ; the work to be done under the direction of the Secretary of War. $ * :K * $ ■■'<■■ * The monuments for the remainder of those officials, not Senators or Representatives, were provided for in some instances by relatives of the deceased, in others by friends or associates. Others may have been provided for by the Government in general appropriations, though reference to the items of appropriation is not readily accessi- ble, because at the time the monuments were erected the statutes were not perfectly indexed. Funerals of deceased public men in nearly all cases were paid for from the same fund which provided the monument. An exception is noted in the case of the interments of Congressmen James Jackson and James Jones, both from the State of Georgia. They were first interred in the Rock Creek Cemetery and afterwards removed to the Congressional Cemetery, under the provisions of ah act of July 14, 1832, passed for that purpose. The appropriation is an item in the general appropriation bill (4 Stat. L., 580) and reads as follows: For defraying the expenses of removing from the burying ground of Rock Creek Church to the Congressional Cemetery the remains of James Jackson . and James Jones, formerly Members of Congress from the State of Georgia, such sum as shall be requisite not exceeding five hundred dollars, to be expended under the direction of the Clerk of the House of Representatives. The names of the deceased Senators, Representatives, and other notables interred in the Congressional Cemetery in Government ground. State from which they come (if known), and date of death (if known), as shown by the register of the cemetery and inscrip- tions on the monuments, are as follows: HISTORY OF THE CONGRESSIONAL CEMETERY. 37 SKNATOKS. State. Died. Uriah Tracy Connecticut .. Francis Mai bone Rhode island. James Burrill, jr do \V. A.. Trimble Ohio William Pinkney Maryland July rune Dec. Dec. Feb. .fi.im (iiiiilar.l ..'. South Carolina Feb. James Noble Indiana Feb. i Smith a Connecticut Dec. Ellas K. Kane" Illinois Dec. John Fairfield Maine Dec. I. B. I vim sharker a Virginia ran. N. f. Dixon Rhodelsland Fan. William Uptaam Vermont Fan. Lemuel J. Bowden Virginia ran. .1. Pinckney Henderson Texas Fune William N. Roach (no monument) North Dakota 3ept 1. 1809 25,1820 18,1821 25, 1822 26, 1826 26,1831 24,1847 12,1847 29, 1842 ) i, 1858 ■J. 1864 1,1858 7,1902 REPRESENTATIVES. Ezra Darby Whining (no monument). Thomas Blount Elijah Bi igham Richard Stanford Qeorge Mum ford David Walker J. II. Purvian (no monument) ... Nathaniel Hazard Jesse Slocum William L. Ball Christopher Rankin Alexander Smyth Jonathan Hunta ( lharles < '. Johnson Qeorge E. Mitchell James Jones Levi Casey Philip Dodridge ,1 miles Lent <« .lolin Si ni lev T.T. Bouldina John Dawson Hodge Thompson T. D.8ingleton T. J. Carter Isaac MeKim Nathan Cilley " Warren R. Davis , Littleton 1'. Dennis James Blair Theodorick Bland George Holcomb Joab Lawler James Gillespie Jeremiah McLene Richard Manning Salmon w ildman " j. W. Hombeck R, 1'. lleniek" Henry Krick William Taylor Peter Bossier a s. < of removing bodies so great that very few families of officials conveyed their remains away from Washington. Gradually, how- ever, as facilities for transportation increased ii became easier for relatives of deceased members to gratify their natural wish and bury their dead at their former homes. By 1855 interments in Washing- ton of nonresident Governmenl officials had practically ceased. Meanwhile there had grown up a custom of erecting in the Con- gressional Cemetery a cenotaph in memory of each Senator or Repre- sentative who died while holding office, notwithstanding the body was buried elsewhere. The cenotaphs are identical in form, size, and material with the monuments for deceased Members and Senators interred in the Congressional Cemetery, and bear the same form of inscription. \'o attempt has been node to keep them apart from monuments above graves, and reference to the register of burials is necessary to determine which are above bodies and which are not. According to the register there are 85 of these cenotaphs — 74 of which are for Representatives and 10 for Senators. HISTORY OF THE CONGRESSIONAL CEMETERY. 39 The origin of the custom in the Congressional Cemetery began with the erection of the monument to Hon. James Lent, a Represent- ative from the State of New York, who died February 22, is:}:'). The monument was ordered on the occasion of hi-; funeral, hut was not actually erected for nearly one year thereafter. In accordance with tin 1 wishes of the family the remains of Mr. Lent were ordered to he removed to his former home in New York, and at the same lime his monument was put in place, the cost of the monument and expense of removal of the body being paid for in the same item from the contingent fund of the House. In the following year other cenotaphs were erected for Members buried elsewhere, and March .">. L839, the custom was formally recog- nized by the House when it passed the following resolution: Resolved, That the Clerk cause the usual monuments t<> he erected in the Congressional Burying Ground to the memory of such members of the House of Representatives as have died while members, and for whom monuments have been omitted t<> be erected, and on the and the highest $160. Mi'. George Phillips was the contractor who erected the nine provided for in the original resolution of March 3, IS: 1 )'.), and the names of others who erected cenotaphs for deceased members from time to time are as follows: Griffith & O'Brien, Samuel Walker. J. P. Pepper, L. Steganini, Kelly & Rutherford, Hugh Lochrey, Peter McMoreland, William A. Griffith, William Daugherty, Joseph Kelley, Murphy & Wilson, and Richard Rothwell. Hugh Lochrey had charge of the erection of nearly all put in place from 1846 to I860. He was employed also for erasing the name of Representative Barker Burnell from a monu- ment and inserting the mime of Representative Samuel (i. Wright. The erasure was made for the reason that at the time of the death of Mr. Burnell a monument was ordered for him by the then Clerk of the House. Matthew St. Claire Clark, and afterwards a new Clerk of the House, Mr. B. B. French, being appointed, he also ordered a monument for Mr. Burnell, being unaware of the previous order. The extra monument was utilized by the erasure of the lettering, and put in place for Mr. Wright. From the passage of the resolution by the House in L839 up to about 1861 all cenotaphs erected in the Congressional Cemetery in memory of deceased members were paid for from the contingent funds of the respective branches of Congress, and no inconvenience was felt so far a- the Senate was concerned in thus meeting the expense. The drain was so great, however, on the miscellaneous item of the House contingent fund that several times the Clerk in his report had been obliged to ask for a deficiency appropriation. In 40 HISTOKY OF THE CONGRESSIONAL, CEMETERY. his deficiency estimate for 1854 the Clerk of the House asked for S10,000 additional and stated that the estimate was made necessary because of the expense of providing for these monuments. The item reads as follows : For miscellaneous items, ten thousand dollars. (Deficiency caused by the large number of unclassified expenses of the House thrown into this item. It is subject to drafts for all contingencies and sudden and unforeseen orders of the House, such as expenses for funerals for members, monuments for deceased members, etc.) A simitar deficiency appropriation of $10,000 was asked for again in 185G. and finally in 18G1 the Clerk of the House ceased altogether to provide cenotaphs for deceased members by payments from the House contingent fund. From 1861 to 1870 none was erected by either the House or Senate. Not wishing to discontinue the custom at that time, however, on July 15, 1870, the following act was passed by the House providing for erection of cenotaphs by appropriation : [16 Stat. L., 309; sundry civil appropriation bill.] Sec. 4. And be it further enacted. That there is hereby appropriated the sum of three thousand five hundred dollars, or so much thereof as may be necessary, for the erection in the Congressional Cemetery of monuments in memory of those Representatives who have died since eighteen hundred and sixty, said monuments to be of uniform size and style with those previously erected, and this sum to be disbursed under the direction of the Clerk of the House of Repre- sentatives upon contracts made by him with the lowest responsible bidders therefor, after due public notice given. Of this appropriation of $3,500 the Clerk of the House expended $2,300 in erecting 20 cenotaphs at $115 each, a copy of his report of the expenditure being as folio ays : [1871, 42d Cong., 2d sess., Edward Mcrherson, Clerk. Mis. House Doc, No. 7.1 Paid to Richard Rothwell for erecting 20 cenotaphs in the Congressional Cemetery under contract with the Clerk of the House, pursuant to proposals (see sec. 4, act of July 15, 1870, making appropriations for sundry civil ex- penses), $2,300. Edward McPherson. Clerk House of Representatives. On March 3, 1875 (18 Stat. L., 375), another appropriation was made of $1,500 to enable the Clerk of the House to erect more ceno- taphs. The item reads as follows : To enable the Clerk of the House of Representatives to cause to be erected in the Congressional Cemetery monuments in memory of those Representatives who have died since the erection of those last authorized, said monuments to be of marble or granite and of uniform size and style with those previously erected, and to he contracted for by him with the lowest responsible bidder therefor, after due public notice, one thousand five hundred dollars, or so much thereof as may be necessary. Acting under the authority thus given, the Clerk of the House, Edward McPherson, duly advertised for and received bids for ceno- taphs. When the bids were opened it was found that the sum appro- priated was insufficient to cover the expense of erecting the cenotaphs needed, and the appropriation was not used. The Clerk of the House submitted to the Speaker of the House a report December 6, 1875, showing the number of members for whom cenotaphs must be pro- vided if the custom were adhered to. and the bids received under the notice given, which report is as follows (omitting, however, the copies of each bid which accompanied the report) : HISTORY OF THE CONGRESSIONAL CEMETERY. 41 Clerk's Office, House of Representatives United States, Washington, l>. <'., December 6, 1875. Sir: The sundry civil appropriation act approved March 3, 1875, contains the following section : "To enable the Clerk of the House of Representatives to cause to be erected in the Congressional Cemetery, monuments in memory of those Representatives who bave died since (he erection of those last authorized, said monuments bo be of marble or granite, and of uniform size and style with these previously erected, and to be contracted for by him with the lowest responsible bidder therefor, after due public notice, one thousand live hundred dollars, or so much thereof as may lie necessary." Under this authority the undersigned invited proposals, on public notice, for the erection of these monuments. Twenty bids were received, the lowest of which was for .^Pii.r.n each. As seventeen were at that date required, in order to fulfill the demands of the law. and as the appropriation was less than the amount bid for the work, no contract was made. The proposals, with a sched- ule of the same, are submitted herewith. The original estimate was made for monuments of the same material as existing monuments, which are of sand- stone. The substitution by the Mouse of the provision requiring that they be of marble or granite, without an increase of appropriation corresponding to the increased expensiveness of the new material, made the execution of the law Impracticable. The number of deceased Representatives by usage entitled to monuments and unprovided with them, including Representatives in the Forty-first, Forty- second. Forty-third, and Forty-fourth Congresses, is at this date nineteen. For the convenience of the officer who may hereafter he charged with the duty of providing them. 1 inclose a list of them by Congresses and States, with the age of each and the date of death as far as ascertained. Very respectfully, your obedient servant, Edw. McPherson, C/e/7,' II o use of Representatives United States. Hon. Michael < '. Kerb, Speaker of the House of Heprcscntaticcs I'nited States. List of Representatives who have died during their term of service sinct the last provision for the erection of Monuments. FORTY-FIRST CONGRESS. Iowa. -William Smyth, died September 30, 1870; 46 years old. I iriihiin. Robert Etidgway, died October 16, 1870; 47 years old. North Carolina. — Robert Ballard Gilliam, died October 17, 1870; G5 years old. Pennsylvania. — John Covode, died January 11, ISTl ; f>2 years old. FORTY-SECOND CONGRESS. Louisiana. — James McCleery, died November 5, 1871. Georgia. — Thomas J. Speer, died August 18, isiu: . - :i years old. Connecticut. — Julius L. Strong, died September 7. lN7 - _' : U"> years old. FORTY-THIRD CONGRESS. Neto York. — James Brooks, died May 1. 1873; 62 years old. Michigan. — Wilder D. Foster, died September 20, 1873; 54 years old. Louisiana. — Samuel Peters, died September 26, 1873. New York.— David B. Mellish. died May •J.",. 1874; 43 years old. Illinois. — John B. Rice, died December 17, 1874; do years old. Maine.- Samuel F. llersey. died February .".. 1875; 64 years old. Massachusetts. — Alvah Crocker, died December 26, 1874; 63 years old. Sam- uel Hooper, died February 14. 1S7.~» : 67 years old. Oregon. — Joseph G. Wilson, died July 2. 1S7:'>: 46 years old. Massachusetts. — William Whiting, died June 30, 1873; 60 years old. 42 HISTORY OF THE CONGRESSIONAL, CEMETERY. FORTY-FOURTH CONGRESS. Massachusetts. — James Buffiuton, died Orcyo-ii. — George A. Lit" Dow, died May 1, 1875. Tennessee. — Samuel M. Fite. died October 23, 1875. 7, 1875 ; 58 years old. Schedule of proposals received for furnishing monuments for Congressional Cemetery, May 81, 1H15. Name of bidder. Henry Parry C. W. Burr.' J. R. Sands & Co M. C. Flannerty Alfred Morton Craig & Maxwell (not in accordance with advertisement)... R. & D. Rothwell H. & S. H. Hartung (not in accordance with advertisement) Jonas H. French William Gibson Fisher & Bird Acker & Co Mark & St. John Burlington Manufacturing Co J. Jouvenal Burns A: Benner William Bradley & Sons . Richmond Granite Co . . . J. G. Goss = . A. P. Lathrop Amount in granite. 8297. 50 316. 79 309. 08 335. 00 264. 00 164. 50 •237.00" 260. 00 345. 00 421.47 190. 00 311. 80 340. 00 274. 75 Amount in marble. $310. 00 500. 00 230." 66 190. 00 275. 00 310.00 375. 00 408. 00 374.00 381.00 210.00 195. 00 The appropriation of March 3, 1875, was the last to be made for the erection of cenotaphs. Prior thereto no actual burials by the Government had been ordered in the Congressional Cemetery for nearly twenty years, the appropriations for its benefit had ceased, and the custom of erecting cenotaphs was becoming too expensive to be maintained. The cemetery was gradually losing its semiofficial char- acter of a Government institution. Close attention had not been paid by either the cemetery or the United States authorities to the location of the burial sites owned by the Government. The certificate for the 500 sites purchased in 1850 had been issued by Mr. Jno. P. Ingle, then register of the vestry. At that time he had entire charge of the cemetery a Hairs. Unfortu- nately he did not keep a copy of the certificate for the 500 sites, and when his death occurred shortly after 1850 his successors in office knew their location only in a general way. Eighteenth street be- tween E and G was supposed to contain all of the 1856 purchase and had been so held. It contained six ranges of sites, three east of the roadway and three west. Those east of the roadway were 59, <><), and one unnumbered; those west were one unnumbered, 00. and 61. Range 58 (one of the ranges in which sites were transferred to the Government in L856) was not in the street, but lay just east of range 59, and was vacant and in the name of the cemetery. Ranges 59 and 60, between E and G, were occupied b}^ interments and cenotaphs of the Government, ex- cept 52 sites at the north end of the ranges, on which had been placed one of the cemetery buildings. The three ranges of sites west of the roadway were vacant. In each of ranges numbered 54. 55, 56, and 57 r_ ; sites belonging to the cemetery (48 sites in all) had been used for Government purposes under the impression that they were Gov- HTSTORY OF THE CONGRESSIONAL CEMETERY. 43 eminent property. Scattered through ranges 30, 31, 54, 55, and 56 there were 4!) Government sites in which private persons appeared to have been buried. From the dates of interment and names of per- sons buried, however, it is probable that most of them belonged to the families of officials, and that their interment had been made by permission of the Government. In many instances they bear the names of former officials and. under the law, families of Members of Congress and officials were allowed interment in the Congressional Cemetery. The following 1 figures show how many of the sites had been used at that time in the foregoing manner: By the Government — For burials and stones of Government 498 Vacant, held for Government 205 To:: l'.y the cemetery — Vacant, in name of cemetery 120 Occupied by cemetery buildings 52 172 Doubtful 49 Total 024 sites outside Government ground used for Government purposes 48 Vacant sites held for Government in Eighteenth street (additional) 389 Total t37 In the month of May. 1870, Congress was agitating the question of discontinuing the custom of erecting cenotaphs for deceased Mem- bers of Congress, and this discussion brought up the question in the vestry of the location of Government sites and also of what Govern- ment officials were entitled under the law to burial in the Congres- sional Cemetery. A committee of the vestry was appointed to exam- ine the question and decide. May !). 1876, the committee reported to the vestry, reviewing the proceedings of the vestry under which sites were donated to the Gov- ernment, the laws and regulations governing the interment of de- ceased United States officials, and the various sums appropriated for the benefit of the cemetery by Congress. The committee in its report stated that the data necessary to locate accurately the Government sites was lacking, because of the death of Mr. Ingle and other- who were conversant with the matter. They concluded, however, to sel aside for the Government, under the 1856 purchase, the reserved por- tion of Eighteenth street, between E and (J. This location of sites left vacant the one range. No. 58, and following this report o\' the committee it was never considered in connection with the Govern- ment sites. As to what Government officials were entitled to burial in the cemetery, the committee recommended that the Government's orders for interments be recognized by the superintendent of the cemetery. A copy of the report of the committee is as follows (omitting th e review of Laws and vestry records) : From the above it will be seen thai in the acl of 1848, which authorizes the inclosing of G street between Eighteenth and Nineteenth streets and also of Eighteenth and Nineteenth streets between E and 7 Sampson W. Harris Alabama 1857 46 HISTORY OF THE CONGRESSIONAL CEMETERY. Died. representatives*— continued. Thomas H. Bayly James Meacham Presly Ewing v . John F. Snodgrass Henry A. Muhlenberg Brooking Campbell . .. Robert Kuntoul, jr Truman Hoag Thomas E. Noel Cornelius S. Hamilton David I lea ton Benjamin F. Hopkins James Hinds Thaddeus Stevens Elijah Hise Darwin A. Finney Charles Dennisoii Philip Johnson Henry Grider James Humphrey Orlando Kellogg' Owen Lovejov John W. Xoel'l Luther Hanchett Goldsmith Bailey Thomas B. Cooper Geo. W. Scranton Jas. Gillespie SENATORS. Samuel L. Southard ThadeusBetts Andrew P. Butler... Moses Norris Thomas J. Rusk Josiafa I. Evans James Bell Chester Ashley John G. Calhoun Henry Clay Virginia Vermont Kentucky Virginia." Pennsylvania .. Tennessee Massachusetts. . Ohio Missouri Ohio North Carolina. Wisconsin Arkansas Pennsylvania . . Kentucky Pennsylvania .. ....do' ....do Kentucky New York ....do Illinois Missouri Wisconsin Massachusetts . . Pennsylvania .. do North Carolina . Aug. 23,1866 June Jan. Dec. 25, Aug. 7, Feb. 5, Oct. 4, Dec. 21, June 25, Jan. 1, Oct. 22, Aug. — , May 8, Aug. 25, June 28, Feb. 1, Sept. 7, June 10, Aug. 24, Mar. 25, Mar. 14, Nov. 24, May 8, Apr. 4, Mar. 24, Jan. 10, 1854 1854 1853 1852 1876 1867 1867 1870 1870 1868 1868 1867 1868 1867 1867 1866 1866 1864 1862 1862 1862 1862 1861 1805 New Jersey June 26,1842 Connecticut Apr. — ,1840 North Carolina May 25,1857 New Hampshire Jan. 11,1855 Texas I July 29,1857 South Carolina I May 6, 1858 New Hampshire i Mav 26,1857 Arkansas ' Apr. 29,1848 Smith Carolina I Mar. 31,1850 Kentucky June 29, 1852 One cenotaph unmarked. The following is a list of references to statutes which have been passed relating to interments and monuments in the Congressional Cemetery: Date. Statutes at Large. Vol. Page. March 3, 1823 3 4 4 16 18 777 July 14,1832 580 June 30, is;;i 722 Julv 15, 1870 309 March 3, 1875 375 Mav 23. 1876 19 54 The following is ;i table showing the sites in the Congressional Cemetery owned by the Government at the present time through donation, purchase, and exchange. HISTORY OF THE CONGRESSIONAL, CEMETERY. 47 Kan «e. Numbers. Aggre- gate sites. 24 . . 1 to 4 l to 8 9 In 71 9to 17 21 tO 7 1 6 to 8 19 to 71 103 to 152 103 to 152 108 to 162 103 to 152 | 31 to 9H 1 101 to 152 31 to 98 101 to 162 31 to 98 101 to L52 54 i" 98 1 1 <> t< • 152 54 to 98 116 to L52 4 25 8 29 66 30 . 9 30 . . . 54 31 3 31 . . 66 64 50 55 ... 50 56 50 57 50 58 68 52 68 59 59 52 60 . . . 68 60 52 61 45 61 37 62 45 62 37 Total 924 An examination of the books of the cemetery and the sites them- selves show that they have been used as follows : By the Government : For burials and monuments 50S Vacant in name of Government 195 703 By the cemetery : Sold for private burials (range 58) 104 Occupied l>v cemetery buildings and walk (58, 59, 60) 68 172 Sites in ground donated to the Government in name of private persons, l>nt which may have been ordered there by Government, as the names in many instances are same as deceased members and officials 49 Total 924 As before stated the exact location of the Government sites in the 1850 purchase was not known, and when the committee appointed to find them decided in their opinion where they were they failed to locate them in accordance with the certificates themselves, placing them one range farther west than they should have done, and thus lea vino- range 58 in the name of the cemetery. One hundred and four sites therein have since been sold to private parties, and the other 10 Government sites lie in a path around the tool house. The committee actually reserved 749 sites for the Government in 1850. These sites are still reserved for the use of the Government, with the exception of 249 which are now occupied by footwalks which extend along Eighteenth street, between E and (I on either side of the road- way. One hundred and forty are vacant and lie west of the foot walk at the north end of ranges 61 and 62, and the rest are included in the sites described in the certificate. The books of the cemetery therefore show Government ground in the cemetery actually available or used for burial sites at the present time as follows : In ground described in donation and purchase sites: For Government burials and monuments 508 Vacant in name of Government 195 7( ■:; 48 HISTORY OF THE CONGRESSIONAL CEMETERY. Sites outside the 924 donation and purchase sites used in erection of cento- taphs 48 Sites outside 924 donation and purchase sites vacant in name of Gov- ernment 140 891 If the 249 sites now occupied by footwalks are added to the above it shows a total of 1,140 sites in the name of the Government accord- ing to the cemetery books, or 216 more than the Government actually owns. Without the footwalk sites the total is 891, or 33 less than the number actually owned by the Government. The cemetery used 221 sites in Government ground through a mistake. They have credited 188 sites to the Government through a mistake, aside from the 249 reserved and now occupied by footwalks. In explanation of the confusion in regard to sites the cemetery authorities show clearly that they were in no way acting in bad faith in the matter, but that any use of Government sites was made in the belief that they were cemetery property. June 11, 1906, Mr. A. W. Bright, chairman of the cemetery committee, set forth the reasons for the apparent discrepancy in the following letter: Washington, D. C, June 11, 1906. Sir : In reply to your oral inquiry for information as to the reason for the use by the vestry of Christ Church of burial sites purchased by the Govern- ment. I would state that I am hardly in a position to give you positive informa- tion on this subject. I have been connected with the vestry but slightly over a year, and what little I know of cemetery matters has been gained by me during that period of time. I have, however, been over the subject in question very carefully, and talked with older members of the parish relative to same, but as this purchase was consummated over fifty years ago there are none now living who has any positive knowledge of the facts, nor do the cemetery records show positively the location of all the sites so purchased. The 500 sites purchased in 1856 were mainly in the reservations at the sides of the roadway on Eighteenth street, between E and G streets, and these sites so sold are in the name of the United States in the register of the cemetery. The right to occupy and sell grave sites in these reservations, as well as the reser- vations on Nineteenth street between E and G, and G street between Eighteenth and Nineteenth streets, was given to the cemetery by act of 1848. The books of the vestry show that 500 sites were purchased, but their loca- tions were not defined. In 1876 a committee of the vestry was appointed to locate these sites and they reported (I have not the report before me and can not get at it without delaying this, hence I shall have to give you the substance) that, they had not been able to definitely locate them, but they believed them to be in the ranges in the reservations on both sides of Eighteenth street from E to G. At the present time there are two full ranges on the west side of Eighteenth street (of 150 sites each) and a third range taken up by a sidewalk, not a site of which has been sold or used for burial purposes, except to the United States. On the east side of Eighteenth street a tool house was erected many years ago, which is partly on ground in ranges now known as 58, 59, and 60 owned by the United States. Practically the balance of range 60 and the greater part of range 59 are filled with cenotaphs erected by the United States. Not a site in either of these two ranges has ever been used for any purpose except for the Interment of Government officials, cenotaphs, and the sites covered by the tool house above referred to. Range 58 which the deed in the custody of the com- missioner of public buildings and grounds shows was sold to the United States, has all been sold to and used by private parties. How this occurred, I am unable to state positively, hut will give my impressions as to how this occurred later on. Between ranges *'>7. ami fill were and had been u^'i\ by the Government for years, that range 58, which was vacant, did not belong to the Government If. however, the footwalks en Eighteenth between E and (J were originally intended for ranges for grave sites (and the present superintendent concurs in my view that they were), there are aboul '-"■»! sites in ranges ."!). 60, and footwalk to the east of the roadway, and .",1 sites in the three ranges to the west of the roadway, or a total of about 7 IS sites. As stated above, in 1875 or 1876 a committee of (he vestry attempted to locate tbe .",(i(i sites purchased in 1856. They reported that they had been unable to locate them definitely, but were of the opinion that they were the ranges on b >th sides of the roadway on Eighteenth street between E and G. Seventy sites In range 61 and 70 sites in range 62 were deeded to the United States, but the books of the cemetery show that 150 sites in range 61 and 150 sites in range <>2 are in the name of the United States, and I judge that after the examination by tin' committee above referred to. the additional sites in these ranges were p >i In the name of the United States and have so remained up to the present time. From this it will be seen that not counting a site in range 58, nor any of the siles in ranges 58, •'>'.). and 60, which are occupied by the tool house, nor the two ranges taken up by the footwalks. there are 200 sites in ranges .V.I and 60 owned by the United States and 300 in ranges CI and 62, making a total of .".(lit sites aside in the name of the United Slates under the purchase in 1 >..",<;. If we add to this number 152 siles on the west side of Eighteenth sired between E and G now used as a footwalk and !>7 sites on the east si Le of the same roadway now used as a footwalk, we have a total of 74!) sites in the name of the United states in that portion of the cemetery containing the .Mm purchased under the act of 1856. in 1876, when the committee of the vestry made its report above referred to, it staled that ranges on the west side of Eighteenth street were probably the ones reserved for the United States. As range <;:: (the next range to the v was on the markel and Nils sold therein as early as 1855, which was prior to the purchase of the ."(in sites by the United States, it naturally follows that said committee included the part now used as a paved footwalk as a pari of the reservation. In addition to the 500 sites above referred to, 400 sites had been previously donated by the vestry of Christ Church to the United States, making a total of 900 sites to lie accounted for. Of the 900 sites deeded to the Government, 508 have been used by the United States for interments or are occupied by cenotaphs ; 195 are vacant and in the name of the United States, making a total of 703 sites. Two hundred ami twenty one have been used by the cemetery for buildings and private burials, which, added to the 703 above, make 924 sites. It would appear from our books that an exchange of 24 sites was ma.de between the ve report, above referred to) considered to be a part of the 500 purchased in 1856. If these 2-1!) sites now used as foot walks be added to the 891 sites accounted for, the total would be 1,140. The trouble has been that prior to the time your Mr. Morgan took this matter in hand the question has never been thoroughly investigated, and the vestry has simply assumed that all ground on the reservations on the east and west sides of Eighteenth street belonged to the Government and has so recorded it in their registers. Any use of the ground bought by the Government was, I assure you, done in ignorance of the fact that the Government owned the ground, and the vestry stands ready and willing to transfer by deed a sufficient number of sites in the reservations on Eighteenth street between E and G to make up any deficiency that may be considered to exist. Yours, very respectfully, A. W. Bright, Chairman Cemetery Committee. Hon. E. J. Buekett, United States Senate, City. It is plain that the small deficiency in sites that may be said to exist was caused by a misunderstanding - . Compared to the number of sites which the bill proposes to relinquish to the cemetery, the deficiency is so small that a transfer to cover it seems hardly neces- sary especially in view of the fact that the proposed legislation gives to the Government the right of burial in case it should desire to renew its use of the Congressional Cemetery. PREVIOUS ATTEMPTS TO SECURE THIS LEGISLATION. Bills similar to H. E. 5972 have been introduced hitherto in four Congresses, viz. the Fifty-first, Fifty-second, Fifty-third, and Fifty- fifth. After the introduction of the first bill various amendments were suggested and added to the succeeding bills, the most important of which are embodied in II. R. 5972. Two bills have hitheito passed the House, one in the Fifty-third Congress and one in the. Fifty-fifth. Following is an account of the various attempts made to obtain the legislation now asked for: (1) H. R. 11436, FIFTY-FIRST CONGRESS. On July 17. 1890, II. R. 11436, "A bill granting parts of certain streets in Washington City to the vestry of Washington parish for i he use of the Congressional Cemetery," was introduced in the House by Mr. Breckenridge, of Kentucky, read twice and referred to the C mittee on the District of Columbia. January 31, 1891, the bill was reported back with amendments, accompanied by House Report No. 3645, recommending its passage. The bill was not reached, how- ever, on the House Calendar. House Report 3645 is as follows: The Committee on the District of Columbia, to whom was referred the hill (II. R. 11436) granting parts of certain streets in Washington City to the vestry of Washington parisb tor the use of the Congressional Cemetery, have considered the same and report: HISTORY OF THE CONGRESSIONAL CEMETERY. 51 The cemetery is an outgrowth of the Washington Parish Burial Ground, which originally (-(insisted of square 1115 in said city, winch was purchased April ir>. 1807, by a Dumber of the inhabitants of ti astern portion of the city for the said parish, and conveyed to the vestry by certificate <>r Thomas Muuroe, United States superintendent, dated March L!.~>. 1808. On April 15, 1816, the vestry donated and set apart 100 burial sites, tree of charge, Cor the intermenl of Members of Congress, and the privilege of free Interment was afterwards. April ."». 1820, extended to heads Of Departments and their families, and on December 15, 1823, .".<>u more sites were donated in like manner to Members of Congress and others connected with the General Government Prom these donations and its use In early days for Interments of Congressmen and public officers it acquired the title of Congressional Cemetery The original square of 1115 answered for the needs of the parish and the Government until 1848, when an act of Congress was passed (July *_'■"» author- izing the commissioner of public buildings to sell to the vestry public reservation 13, adjoining, said square on the east, and giving the vestry authority to inclose, possess, and occupy the street between these two squares, and also, with tlit- consent of the corporate authority of the city of Washington, t<» inclose, possess, and OCCUpy so much of any street or streets as might pass between the said square 1115 and any other whole square of ground of which it might become the possessor, for the sole purpose of enlarging said burial ground, and giving it power to hold and enjoy forever any land which it might possess or purchase for the extension of the burial ground, not exceeding in all .".it acres, and to sell or otherwise dispose of said ground for burial purposes. Under this act the vestry purchased, in addition to reservation 13 on the east, squares 111*; on the south and 11(14 on the west, and by virtue of the pro- vision allowing them to inclose, possess, and occupy the intervening streets it took possession Of and laid off into burial sites and sold such sites along Eighteenth and Nineteenth streets from E to G, and G street from Eighteenth to Nineteenth. The vestry's ownership was afterwards recognized by t lie United States when, pursuant to act approved August 16, 1856, odd burial lots were purchased from that body by the General Government along Eighteenth street from E to G. In 185S — the vestry having in the meantime purchased four other squares, 1105, 1106, HIT. and 1123, being all the ground between G street and Water street and Seventeenth and Twentieth streets-— an act of Congress was passed May 18 of that year authorizing the vestry to take, inclose, and use forever the Inclosed streets, but providing that it should not sell the same for any purpose whatever, but that the United States should retain and hold such parts thereof as might be laid out for burial purposes for the interment of Members of Congress or such officers o] the Government as might die in Washington. The Object of the proposed bill is in effect to repeal this proviso on certain conditions. These conditions are. substantially, that the vestry shall care for. protect, and preserve in good order the Government portion of the cemetery and the monuments, gravestones, and cenotaphs; that it shall preserve intact the avenues or drives now laid out solely to the improvement and adornment of the cemetery, and that should the United States at any time need more grave sites for the interment of its officers or Members of Congress it shall have the right to use any of the unsold sites for that purpose. The United States has heretofore from time to time made appropriations in aid of the cemetery in the way of Improvements and care of its property. A review of its various acts in that direction shows that the average cost to the Government has been $500 a year. When the act of 1858 was passed there was then a custom, recognized by Congressional acts, to erect a cenotaph to each Senator or Representative dying during his term, regardless of where he was buried. This was not strictly within the terms of the vestry's donation, but was acquiesced in. The actual interments had at that date practically ceased, as the increased means of transportation allowed their families to carry out their natural wish to bury their remains at their homes: but for the erection of cenotaphs it was uncertain how much ground might be needed, hence the reservation or proviso made. In 1876, however, an act was passed (May 23) directing, in substance, that no monument should be erected except where the deceased was actually buried in the cemetery. No burial has since taken place there, and very few. if any. are likely to. It is shown to the committee that the ground between 10 and Q streets now owned by the Government, and which this act reserves to the Gov- 52 HISTORY OF THE CONGRESSIONAL CEMETERY. eminent, is sufficient to afford room for the erection of cenotaphs (should that practice be resumed) for seventy years to come, and for actual burials for an incalculable period. Inasmuch as the Government is not at all likely to have need for any more ground, and its expenses in the repair and care of the Government property is to be under this act assumed by the vestry, whose annual receipts from sales of these sites will not be great, and their application is limited to cemetery pur- poses, we are of opinion that the hill should pass, amended by inserting in sec- tion 2, line 10, before the word " improvement," the word " care.'' (2) ii. r. 873 and s. 2746, fifty-second congress. On January 7, 1892, H. R. 873, a bill " granting the use of parts of certain streets in "Washington City to the vestry of Washingon Par- ish for the benefit of the Congressional Cemetery,'"' was introduced in the House by Mr. Breckenridge, of Kentucky, read twice, and referred to the Committee on the District of Columbia. A request was made to the Commissioners of the District for their opinion on the bill, and in response thereto they replied March 15, 1802, stating that they had no objection to the general purpose of the bill, but recommended that it be amended so that upon the abandonment of the streets for cemetery purposes the title thereto should revert with- out cost to the United States. A further opinion was sent by the Commissioners to the District Committee of the House on March 23, in which they suggested that the bill should be amended so as to provide for a right of way through the cemetery for an intercepting sewer. There is no record of anv further action on H. R. 873. On March 28, 1892, S. 2746, a bill "granting the right to sell burial sites in parts of certain streets in "Washington City to the vestry of "Washington Parish for the benefit of the Congressional Cemetery," was introduced in the Senate by Mr. Carlisle, and after two readings was referred to the Committee on the District of Columbia. May 20, 1892, Mr. Faulkner, to whom the bill had been referred, made a verbal adverse report thereon and the bill was indefinitely postponed. The only practical diilWence between S. 274<> and prior bills was that S. 2746 granted the "right to sell burial sites in streets," while prior bills granted the " right to tin 1 streets." (3) ii. r. 22:} and s. 2468, fifty-third congress. On September 6, L893, fl. R. 223, a bill identical in terms with S. 2740, was introduced in the House by Mr. Breckenridge, of Ken- tucky, and referred after two readings to the Committee on the Dis- trict of Columbia. On reference of the bill to the District Commis- sioners certain amendments thereto were recommended which were adopted by the committee, and on July 9, 1894, Mr. Heard, of the Districi Committee, reported the bill favorably in House Report No. 121 I. January 18, 1895, in the third session of the Fifty-third Con- gress, the bill was discussed in the House, read the third time, and passed, and the concurrence of the Senate asked for on the following day. HISTORY OF THE CONGRESSIONAL CEMETERY. 53 S. 24G8. a bill identical in terms with amended bill II. R. 223, as it passed the House, was meanwhile introduced in the Senate December 20, 1894, and reported favorably on January 18, 1895, with one minor amendment. Later, however, on January lC>. 1895, the bill was recommitted to the committee, after which time there is no further record as to either S. 2468 or II. R. 223. House Report No. 1214 reads as follows: The Committee on the District of Colombia, to whom was referred the bill ill. U. 223) granting the right to sell burial sites in parts of certain Btreets in Washington City to the vestry of Washington Parish for the benefit of the Congressional Cemetery, have considered the same and report: A bill similar to the first two sections was pending in the Fifty-first Con- gress and was favorably reported by the Committee on the District of Columbia to the House, but was not reached on the Calendar. The reporl (No. 3645, iM sess. r»ist Cong.) is quite lengthy, and gives a history of the Congressional Cemetery, showing that for more than seventy-live years the Congress had taken interest in it and made appropriations from time to time and granted the privilege of using the Inclosed streets, in the early years of the century many Members of Congress and public officers were buried there in sites donated by the vestry, and until 1876 cenotaphs were erected to all Congressmen dying during their terms, although buried elsewhere. As a result the cemetery, although the private property of the vestry, came to be called in common parlance, as well as legislative acts, the Congressional Cemetery, and ceno- taphs remain there as the property of the United Stales. The parts of streets mentioned in the first two sections of the pending bill were granted to the vestry by act of May 18, 1858 (11 Stat. L., 289), to -take. inclose, and use forever." with a proviso, however, that the same should not be sold for any purpose, but that the United States should retain and hold such part thereof as might be laid out for burial purposes for the interment of Members of Congress or such officers of the Government as might die in Wash- ington. The effect of the two sections referred to is to repeal this proviso and open the same to sale, as was the case in all the other parts of streets thereto- fore inclosed. The third section of the pending bill extends to certain other parts of streets when inclosed the provision of section 2 of the act i 1 1 with certain amendments, and your committee recommend its passage amended as follows: Section '■'<: Insert al'er the word " Street, "in line 7. the words " and south of E street south." and insert after the word "vestry." in line 8, the words: Pro- vided, That said provision shall not apply to any part of the grounds attached to the Washington Asylum." Section 4: Strike out all of line 1 and insert in lieu thereof the words "that 54 HISTORY OF THE CONGRESSIONAL CEMETERY. before any provision of this act concerning any public street or part thereof Shall go into effect the said vestry." Section 5, line 2: Strike out the words "the ownership" and insert in lieu thereof the words "all right to the use;" insert in line •'!, after the word "re- vert." the words " without cost." (4) H. B. 4101. FIFTY-FIFTH CONGRESS . On December 6, 1897, H. R. 4101. a bill identical in terms with S. 2468 as reported, wns introduced in the House and after two readings was referred to the Committtee on the District of Columbia. On reference to the District Commissioners they recommended the passage of the bill, referring to their previous recommendations on H. E. 223. February 9, 1898, Mr. Curtis, of Iowa, reported the bill back with- out amendment and recommended its passage. It was accompanied by the following House report (Xo. 413) : The Committee on the District of Columbia, to whom was referred the bill (H. R. 4101) granting the right to sell burial sites in parts of certain streets in Washington City to the vestry of Washington Parish for the benefit of the Congressional Cemetery, have considered the same and recommend that it do pass without amendment. The District Commissioners have recommended favorable action on this bill. It has twice been favorably reported by this committee and has once passed the House. Attached hereto and made part hereof are copies of the two former favorable reports. (House Reports Xo. 3645, 51st Cong., 2d sess., and Xo. 1214. 53d Cong., 2d sess., are then set forth in full.) On February 14, 1898, the bill was read the third time in the House and passed, and on the following day laid before the Senate for reference. After reaching the Senate Committee on the District of Columbia the bill was again referred to the District Commissioners for their opinion. Some opposition appeared to the bill, and the interested parties were given a hearing before the District Board, following which the Commissioners made an unfavorable report on II. R. 4101 to the District Committee, On April 21, 1898, Mr. McMillan, from the Senate Committee on the District of Columbia, submitted an adverse report on the bill (S. Report 941). which contained an account of the hearing before the District Board and the unfavorable report from the Commissioners. The bill was thereupon indefinitely post- poned. Senate Report 941 reads as follows: The Committee on the District of Columbia, to whom was referred the bill (H. R. 4101) granting the rigid to sell burial sites in parts of certain streets in Washington City to the vestry of Washington parish for the benefit of the Congressional Cemetery, make an adverse report thereon. At no distant day the lands proposed to lie occupied for cemetery purposes must become streets in the city of Washington. Manifestly it would be absurd to give away property which in time must lie recovered at a considerable expense, both of money and delay. Secondly. loi owners in the Congressional Cemetery protest against such action as being calculated to deprive them of certain rights and privileges which they regarded as pari consideration when they purchased burial sites. Thirdly, it has been tin- policy of Congress t<> put a stop to additional burials within the city of Washington. Thai portion of the city in the neighborhood of the Congressional Cemetery is now Buffering from the unhealthful influences of Anaeostia Hats, and the health of the city demands that no additional menace to the health of that section be authorized by Congress. The adverse report of the Commissioners, together with other papers in the case, are given below. HISTORY OF THE CONGBESSIONAL CEMETERY. 55 Office Commissionebs of the Distbiot of Columbia, Washington, April 18, 1898. Deab Sib: The Commissioners of the District of Columbia respectfully submit their report upou Senate bill 4159, granting the right to sell burial sites In parts of certain streets in Washington City to the vestry of Washington parish for the benefit of the < Jongressional < temetery. since the receipl of your communication of February 17. 1898, they have care- fully considered the questions submitted to them by you, namely: First, "Whether it be wise to relinquish the rights to lands which will ultimately be needed for extension of city streets.*' and, second, "Whether it be wise to increase the area for burials within the city limits." A public bearing to parties interested was had on March h">. 1898, al which bearing the promoters <>t' this legislation were represented by O. I'>. Hallam, esq., the register of Washington parish, and the opposition by .Mr. W. W. Eld- ridge. A copy of an extract from the board minutes as to the statements made by the said parties is herewith respectfully transmitted. Since the date of the said bearing Mr. Hallam has submitted to the Commissioners a communication, a copy of which is also transmitted, wherein he proposes certain amendments, one of which omits Eighteenth street from the purview id* the bill. Nearly, if not all, of the protest.-tnts have lots upon Eighteenth street. He also sub- miis an amendment providing that 25 per cent of the proceeds of the sales shall be sel aside as ;i fund for the erection of a memorial chapel, etc. The act approved May 18, 1858, referred to by Mr. Hallam in bis communica- tion, is as follows: (Act then sot forth in full.) Ii will be observed that Mr. Hallam claims that the Washington parish is forever to be protected againsl any street hereafter to he laid out or opened through the Washington Cemetery: but it will also be observed that the clause containing that provision was a part of the act of Congress which provided that the vestry should not sell for any purpose whatever any parts of streets uamed in said ad and included within the grounds of the cemetery, but that the United States should retain and hold the sumo for the interments of .Mem- bers of Congress or public officers who might die in Washington, it is not an unfair inference thai the concession contained in section 2 was in considera- tion of the second provision, which tins bill proposes to repeal. The Commissioners deem your second question one of prime Importance in this connection. They do not believe it advisable to increase the area for burials within the city limits. All cemeteries within the city limits should be in time removed therefrom, ami it seems that a wise public policy would suggest that only the lot- in the said cemetery should be used for burial purposes, and thai the streets now exempt from burials other than for public servants should not be encroached upon. While, therefore, the Commissioners recommended favorable action upon this bill to the House id' Representatives, thej are impelled to the belief, since ,-, public hearing and since they have bad time to "give the matter more mature consideration, that the proposed legislation should not be enacted. Very respectfully, John W. Ross, /'resilient Hoard of Commissioners, District of Columbia. Hon. James McMillan, Chairman Committee on the District of Columbia, United States Senate. [Minutes of hearing on It. R. 4101. 1 Office Commissionebs of the District ok Columbia, Washington, Wednesday, March Hi 1898. The hoard met at 10.20 a. m. Present: Commissioners Koss mid Wrighl and dipt. Edward Burr, assistant to the Engineer Commissioner, acting as Commissioner in the absence of Com- missioner Black. Watson W. Eldridge, O. B. Hallam. et al. appeared relative to II. R. 4101, "granting the right to sell burial sites in parts of certain street-; in Washington city to the vestry of Washington parish for the benefit of the Congressional Cemetery." 56 HISTORY OF THE CONGRESSIONAL CEMETERY. Mr. Eldridge opposed the bill on behalf of himself and Mrs. Mary Gunton Temple, Mrs. Emmerick, Stilson Hutching, and others. Mr. Eldridge said that the bill had been repeatedly introduced at the instance of the vestry of Washington parish in order to increase and perpetuate' the profits it receives from Congressional Cemetery. He expressed the opinion that the cemetery should be turned over to the control of the lot owners. He said that the enactment of the bill would work serious injury to the owners of lots which faced on the principal avenues. Mr. Hallam said the cemetery is the property of the vestry of Washington parish. He referred to House Report 413, Fifty-fifth Congress, second session, for a history of the development of this cemetery and its status. Commissioner Ross inquired whether the ground is filled up so that they must have more space for interments. Mr. Hallam replied that the main part of the ground is practically filled. He stated that he was willing to let Eighteenth street go through to the water, and, in response to a statement of Mr. Eldridge that the lot owners were the owners of nine-tenths of the cemetery, said that the cemetery management only sell the right for burial purposes and not the title to the ground. Mr. Eldridge said : " I could get 500 petitioners against the bill." True copy of portion of the minutes for above-mentioned date, relating to II. R. 4101. Clifford Howard, Acting Secretary. [Letter from O. B. Hallam, register of Washington Parish, to Hon. John W. Ross, Presi- dent Hoard of District Commissioners. | Washington, D. C, March 17. 189S. Sir: In connection with the letter of Senator McMillan to you of the 17th ultimo concerning House bill 4101 (Congressional Cemetery) I wish to epitomize my oral suggestions made yesterday. 1. As to lot owners I herewith inclose form of certificate, from which it appears that the title does not pass to the purchaser or so-called lot owner, but merely the right to use the burial sites, subject to all rules then or thereafter to be made; that it contains no agreement except to provide a care fund, which has long since been done. In the interest of harmony, however, I submit to you an amendment striking out "Eighteenth" from the proposed bill, which will have the eff'eci of leaving all the few protesting lot owners in their present status and preserving an open grand avenue, so to speak, from the cemetery gate to the south side of the cemetery. 2. As to the rights to ultimately extend the streets, 1 call your attention to the fact that section 2 of the .act of May 18, 185S, referred to in the pending bill. says absolutely "that no canal, railroad, street, or alley shall ever be laid out or opened into or through the Washington cemetery, except such avenues or walks as may be laid out by the vestry of Washington parish for the use and purpose of said cemetery," and the United States, by thai act, has already given irrevocably t<> the vestry all the right to the inclosed streets, except the right of burial therein, which was reserved to the United States under the then idea that the ground might he needed for official burials, but which, after forty years' experience, seems to be wholly useless. As no street can be opened 'so long .is the cemetery exists, the pending 1 > i 1 1 (sec. 5) very wisely provides that upon its abandonment all right to the use of the streets shall revert to the United states without cost. .">. As to i be wisdom of increasing within the city limits the area I'm- burial purposes, 1 suggesl thai ii is not proposed to extend the cemetery limits, but merely to utilize tor other parties present scattered ground within the present limits, which the Government already has the right to use for burial purposes. As to the Washington Asylum, none of it is nearer than several hundred I'eet therefrom, and none so near as much ground already owned by the vestry where burials can lie and are constantly being made. I suggested also yesterday that one of the main objects in utilizing these sites was to enable the vestry \>. build a much-needed chapel. To set this forth clearly and to satisfy any possible objection on the pari of the lot owners 1 submit herewith another amendment, providing for the raising of a fund for this purpose, under t be control of your honorable board. HISTORY OF THE CONGRESSIONAL CEMETERY. 57 With the two amendments proposed I am convinced that the few protesters will raise no further objections and that the proposed bill will not only be unobjectionable to but gladly welcomed by practically all the lot owners. O. B. Hallam. Register Washington Parish. Hon. John W. Ross. President Board of District Commissioners. AMENDMENTS RECOMMENDED TO HOUSE BILL 4101. In first section of bill strike out the words " Those parts of Eighteenth and Nineteenth streets " and insert " that part of Nineteenth street." Add to section 2 the following additional proviso: "Provided also, That twenty-five per centum of the proceeds of such sales shall be set aside as a fund for the erection, at or near the present location of the fountain, of a memorial chapel for the holding of memorial services on Decoration Day and SUCh other memorial or funeral services as may be desired by the relatives or friends of any person buried or about to be buried In said cemetery: the vestry to make a semiannual report of such sales to the Commis- sioners of the District and to deposit or invest said twenty live per centum under the directions el said Commissioners until a fund sufficient to erect a suitable chapel is thus raised, when the same shall be erected under their direction." [Letter of protest to Hon. .Tames McMillan, chairman Committee on District of Columbia, United States Senate, from W. W. Eldridge.] Washington, February 11. t898. Sir : I respectfully call your attention to House bill No. 4101, recently passed by the House and now before your committee. This bill gives to Washington parish valuable streets now belonging to the District, and. moreover, if passed will destroy the beauty of the Congressional Cemetery. There is a protest on file in both Houses from some of the best citizens id' Washington against this action. I hope you will reject it. I invite your attention to inclosed newspaper article published when the same matter was killed by your committee two years ago. Very respectfully. W. W. Eldridge. Hon. James McMillan, Chairman Committee on District of Columbia. United Slates Senate. [From the Washington Star.] CONGRESSIONAL CEMETERY A BILL THAT HAS EXCITED CONSIDERABLE OPPOSITION TO ITS PASSAGE — FORMER BILLS OF A SIMILAR CHARACTER HAVE FAILED OF ACTION — SOME OE 'I 1 1 1 OBJECTIONS DBGED. An impression has gone abroad that the Senate has passed the House bill granting the Washington parish the right to sell certain burial lots in the Con- gressional Cemetery. The House bill was passed on Friday. and when it reached the Senate it was referred to the District Committee. On Friday the Senate District Committee reported favorably on an exactly similar bill with an amend- ment, which went to the calendar. Therefore no action has yet been had that would send the bill to the President, as some people have been led to believe. It is suggested that before the bill is disposed of in the Senate there will lie a little more investigation into its merits than has been given up to now. The bill is practically the same as one that was introduced in 18D2. which was post- poned indefinitely on the strength of an adverse report from the Senate District Committee. 58 HISTORY OF THE CONGRESSIONAL CEMETERY. A citizen's protest. That report was causd largely by a protest that was received in April of that year from certain persons owning lots in the cemetery, who set forth a case as follows : "The occupation of these avenues for burial purposes would, in our opinion, greatly detract from the natural beauty and desirability of the cemetery as a resting place for the dead, and would be an injustice to those who have bought lots therein under the belief that it would be perpetuated by Congress in its present condition. We believe that there is no necessity for granting these avenues for burial sites, as there is a large tract of land adjoining the cemetery which can, no doubt, be obtained for the purpose, and the saving of a few dollars to the parish is a small consideration when compared to the injury that the passage of this bill will do to the cemetery." This protest was signed by W. W. Eldridge, Mary Gunton Temple, H. H. Cor- tis, Catherine C. Emmerich, H. O. Simons, Mary E. Emmerich, E. F. French, L. G. Meehan, M. E. Twitched, Isaac II. Entwisle. Eunice E. Pritchard, M. L. Simpson, and Stilson Hutchins. The avenues alluded to in this protest are certain streets that now abut the property of the cemetery which have never been extended to the Eastern Branch. The main one of these streets is G. which is quite the thoroughfare of that immediate section. It is extended to the river beyond the cemetery. It is said that the original purchasers of lots in the cemetery were promised that no effort would ever he made to secure the land that would be used in the exten- sion of these streets. The contention of the lot owners who protest is that by increasing the number of lots immediately around theirs, in violation of this agreement, the value of their lots is correspondingly decreased. ANOTHER OBJECTION. There is another objection, however, that is being urged against the bill, based upon the idea that the tendency of to-day should be to diminish the number and size of cemeteries within the city limits. At present, of course, there is little or no pressure for building sites in the vicinity of the Congressional Ceme- tery, but it is argued that within a few years it will be found desirable to remove the cemetery to i point across the river, or to extend certain of tlie streets through it. The experience of the District in the condemnation of land necessary for the extension of North Capitol street to the Soldiers' Home is being quoted as a reason why no further obstacles should he laid in the way of these general street extensions. It will be remembered that in the case of North Capitol street there was great difficulty owing to the uncertain nature of the values of the land comprising the German cemetery, through a portion of which the street would pass. The present bill (H. R. 5972) was introduced in the House by Mr. Allen, of Maine, on December 11, 1005, and after two readings was referred to the Committee on the District of Columbia. The opinion of the Commissioners of the District was asked for on the hill, and under date of January 2, 1906, they submitted to the committee the following favorable report thereon: Office Commissioners District of' Columbia, Washington, January ..'. 1906. Sir: The Commissioners of the District of Columbia have the honor to sub- mit the following on II. It. 5972, Fifty-ninth Congress, iirst session, "Granting the right to sell burial sites in parts of certain streets in Washington City to the vestry of Washington parish for the benefit of the Congressional Cemetery," which you referred to them for examination and report. A plat is inclosed showing the Congressional Cemetery and the streets which have been inclosed and included within the limits of the cemetery. A bill similar to the one under consideration was introduced in the Fifty-fifth Con- gress (II. R. 4101). It passed the House, but the Commissioners made an unfavorable reporl upon the same to the Senate, a copy of which is inclosed. The only legislation which it is known affects the question since that report was made is an act of Congress approved January 25, 1898, entitled "An act for Die regulation of cemeteries and the disposal of dead bodies in the HISTORY OF THE CONGRESSIONAL CEMETERY . 59 District of Columbia." The first provision of tins act prohibits the laying out of any new cemetery <>r part of a cemetery within the city of Washington, or within the Districl of Columbia within one mile and a half of the boundaries of the city, and also prohibits any cemetery being laid out within less than 200 yards of any dwelling except with the consent of the property owners and Q permit from the Commissioners. The first act of Congress on this subject was approved July "J.". 1848. By a subsequent act of Congress, approved May 18, 1858, the vestry of Washington parish was authorized, with the consent of the corporation of the city of Washington, to inclose parts of streets in question for the purpose of enlarging the cemetery, but were not authorized to sell such parts of streets which were reserved in said ad for the interment of Members of Congress and such officers of the Government as might die in Washington. The present hill repeals this provision on the ground that such portions of the street have been used to hut a slight extent for such purpose, and in all probability will not he again used for that purpose, and consequently it turns over to the vestry of Washington parish the right to sell for burial sites all those parts of Eighteenth and Nineteenth streets east which lie between the north side of G street and the north side of Water street and those parts of south G street and south II street which lie between Seventeenth and Twentieth street, excepting the existing roadways within the lines of said streets which are If, feet in width. The bill also provides that the proceeds of the sale of the lots within those streets shall be devoted solely to caring for and improving the cemetery; that a certain number of cenotaphs, approximating 175 in number, and marking reser- vations for official dead that have never been interred in the cemetery, may be removed and the space disposed of as the vestry sees fit. The bill further perpetuates and extends the act of Congress approved in 1848 authorizing the abandonment by the United States in perpetuity of all such areas as are included between any whole blocks which may be purchased by the vestry for cemetery purposes, the said public space abandoned to be utilized by the Cemetery. This would include at present Twentieth and Twenty-first streets Si:, between (i and II streets, the blocks adjacent having been purchased for cemetery purposes. And the bill also provides that on the abandonment of the cemetery Cor cemetery purposes the right to the use of the street shall revert to the United states. The result of the bill would be to turn over to the vestry of Washington parish burial sites to the number of about 2,000, which could he sold by the cemetery at prices varying from .$12 to $40 each. The act of Congress of 1848 limited the size of the cemetery to •"«<» acres. This act. including streets, would make it 31.68 acres. As the streets now inclosed within the cemetery do not appear to be public highways, the passage of the proposed legislation would not change their character. Access to the small amount of private property lying east of the cemetery can be kept open by Water street, as shown on the map in yellow. To do this, however, would require an amendment of the bill to provide that II streel east of the west line Of Water street should be entirely abandoned by the cemetery for cemetery purposes to use by the public as a public highway. If the bill is passed, the word " Commissioner," in line 9 of page •"•. Bho'uld be stricken out and in lieu thereof the word "superintendent" should be inserted, as the title of the officer referred to should be " superintendent of public buildings and grounds." which is the proper title. Also the word "District," in line 13 of page '■'>. should be stricken out. A proviso should also be added at the end of section 4 to read as follows: "and for the purpose of locating and maintaining any public sewer or water main within the limits of the streets herein named." This latter proviso is for the purpose of maintaining a right of way through said streets should it be necessary at any time to furnish sew- erage and water facilities to property lying east of the cemetery. Very respectfully, Hi:m;v B. V. Macfarland. President Board of Commissioners, District of Columbia. Hon. J. W. Babcock, Chairman Committee on District of Columbia, House of Representatives. On March 12, 1906, the bill was reported with amendments (IT. Re.pt. No. 2223), as suggested by the letter of the Commissioners of 60 HISTORY OF THE CONGRESSIONAL CEMETERY. January 2, and on March 26 the amendments were agreed to and the bill passed the House. The accompanying report, No. 2223, is as follows (omitting copies of the Commissioners' letter and former House reports, Nos. 3645 and 1214, which have been heretofore set forth) : The Committee on the District of Columbia, to whom was referred the bill (H. R. 5072) granting the right to sell burial sites in parts of certain streets in Washington City to the vestry of Washington parish, for the benefit of the Congressional Cemetery, report the same back to the House with the recommen- dation that it do pass when amended as follows: Page 3, line 9, strike out the word "Commissioner" and insert the word " superintendent." Page 3, line 13, strike out the word " District." Page 3, line 17, strike out the period and insert a comma and add the fol- lowing : " and for the purpose of locating and maintaining any public sewer or water main within the limits of the streets herein named." The purpose of the proposed legislation is to permit the vestry of Washington parish to utilize and to dispose of as burial sites portions of G and H streets and also of Eighteenth and Nineteenth streets SE., which are located within the limits of the Congressional Cemetery. Under present conditions and for the last thirty years the parts of streets to be utilized for burial sites have been useless, and the burden and expense of keeping this idle ground sodded and in good repair has fallen upon the vestry. Congress has previously granted these streets to the vestry, requiring only that the driveways in the center should be kept open. These driveways are 16 feet wide and ample for such purposes, while the streets themselves are from SO to 100 feet in width. Inasmuch as the vestry has but a very limited number of lots now available for burial purposes, it would seem but proper that they should be permitted to utilize for burial sites such portions of the streets named as are not necessary for driveway purposes, the proposed legislation providing specifically that the funds derived from the sale of such lots shall be devoted solely to the purpose of caring for and improv- ing said cemetery. Your committee is informed by the superintendent of the cemetery that there are within its limits 170 cenotaphs, 100 of which were erected in memory of deceased Government officials whose bodies are interred elsewhere, and 70 either erected over graves containing the remains of Members of Congress or other Government officials or of which no definite record exists. The bill pro- vides that the latter 70 cenotaphs shall not in any way be disturbed, but that the cenotaphs under which it is positively known that no remains were interred, and which are in a crumbling and dilapidated condition, may be removed at the expense of saiu rial sites portions of ( i and 1 1 Streets and also of Eighteenth and Nineteenth streets SE. which are located within the limits of the Congressional Cemetery. Under present conditions and for the last thirty years the parts of streets to he utilized for burial sites have been useless, and the burden and expense of keeping this idle ground sodded and in good repair has fallen upon the vestry. Congress has previously granted these streets to the ves- try, requiring only that the driveways in the center should be kept open. These driveways are L6 feet wide and ample for such pur- poses, while the streets themselves are from so to LOO feel in width. Inasmuch as the vestry has but a very limited Dumber of lots now- available for burial purposes, it would seem but propel' that they should be permitted to utilize for burial sites such portions of the streets named as are not necessary for driveway purposes, the pro- posed legislation providing specifically that the funds derived from 2 BURIAL SITES IN CONGRESSIONAL CEMETERY. the sale of such lots shall he devoted solely to the purpose of curing for and improving said cemetery. Your committee is informed by the superintendent of the cemetery that there are within its limits 176 cenotaphs, loo of which were erected in memory of deceased Government officials whose bodies are interred elsewhere, and 76 either erected over graves containing the remains of members of Congress or other Government officials or of which no definite record exists. The bill provides that the latter 76 cenotaphs shall not in any way be disturbed, but that the cenotaphs under which it is positively known that no remains were interred, and which are in a crumbling and dilapidated condition, may he removed at the expense of said vestry. The act of May 23, 1876, provided that thereafter no monuments should be erected except where the deceased is actually buried in said cemetery, and your committee is informed that no burial of a member of Congress has since taken place there. However, the proposed legis- lation expressly reserves the privilege to the Government of hereafter burying deceased members of Congress and Government officers in said cemetery. Provision is also made that the Commissioners of the District of Columbia shall have the right to enter upon the grounds of the ceme- tery for the maintenance and repair of public sewers through said cemetery and for locating and maintaining water mains or public sew- ers therein at any time in the future. Section 5 of the reported bill provides that on the abandonment of this cemetery for cemetery purposes all the rights to the use of the streets heretofore mentioned shall revert to the United States without cost. The amendments reported 1>} T your committee are made at the sug- gestion of the Commissioners of the District of Columbia, whose report upon H. 11. 5972 is as follows: Office Commissioners District of Columbia, Washington, Januarys, 1906. Sir: The Commissioners of the District of Columbia have the honor to submit the following on H. R. 5972, Fifty-ninth Congress, first session, "Granting the right to sell burial sites in parts of certain streets in Washington City to the vestry of Washington Parish for the benefit of the Congressional Cemetery," which you referred to them for examination and report: A plat is inclosed showing the Congressional Cemetery and the streets which have been inclosed and included within the limits of the cemetery. A bill similar to the one under consideration was introduced in the Fifty-fifth Congress (H. R. 4101 ). It passed the House, but the Commissioners made an unfavorable report upon the same to the Senate, a copy of which is inclosed. The only legislation which it is known affects the question since that report was made is an act of Congress approved Janu- ary 25, 1898, entitled "An act for the regulation of cemeteries and the disposal of dead bodies in the District of Columbia." The first provision of this act prohibits the laying out of any new cemetery or pari of a cemetery within the city of Wash- ington, or within the District of Columbia within one mile and a half of the bound- aries of the city, and also prohibits any cemetery being laid out within less than 200 yards of any dwelling except with consent of the property and a permit from the ( 'ommissioners. The firsl act of Congress on this subject was approved July L'.">, L848. By a subsequent act of Congress, approved May is, 1858, the vestry of Washington Parish was authorized, with the consent of the corporation of the city of Washington, to inclose parts of streets in question for the purpose of enlarging the cemetery, but were not authorized to sell such parts of streets winch were reserved in said act for the interment of members of ( iongress and such officers of the ( rovernment as might die in Washington. r\ BIKIAL SITKS IN CoNdRKSSlONAL CEMETERY The present liill repeals this provision on the ground that such portions of the street have been used to but a slight extent for such purpose, ami in all probability will not he again nse<»ini of Commissioners Pis/net <>( Columbia. Hon. .1. W. BA.BCOCK, Chairman Committee on District of Columbia, Housi of Representatives. Your committee incorporates in this report two reports made in the Fifty-firsI and Fifty-third Congresses on a similar measure, which give a history of the cemetery: [House Report No. 3645, Fifty-first Congress, second Bession. ] The Committee on the District of Columbia, to whom was referred the bill II. h 114:;t>i granting parts of certain streets in Washington City to the vestry of Wash- ington Parish for the use of the Congressional Cemetery, have considered the same and report : The cemetery is an outgrowth of the Washington Parish Burial Ground, which originally consisted of square 1115 in said city, which was purchased April L5, 1807, by a number of the inhabitants of the eastern portion of thi' city for the said parish, and conveyed to the vestry by certificate- of Thomas Monroe, united states super- intendent dated March 25, 1808. On April 15, ISlti, the vestry donated and set apart 100 burial sites, free of charge, for the interment of members of Congress, and the privilege oi free interment was afterwards, April :;. L820, extended to heads of Departments ami their families, and on December 15, 1823, 300 more sites were donated in like manner to members of 4 BURIAL SITES IN CONGRESSIONAL CEMETERY. Congress and others connected with the General Government. From these dona- tions and its use in early days for interments of Congressmen and public officers it acquired the title of Congressional Cemetery. The original square 1115 answered for the needs of the parish and the Government until 1848, when an act of Congress was passed, July 25, authorizing the commis- sioner of public buildings to sell to the vestry public reservation 13, adjoining said square on the east, and giving the vestry authority to inclose, possess, and occupy the street between these two squares, and also, with the consent of the corporate authority of the city of Washington, to inclose, possess, and occupy so much of any street or streets as might pass between the said square 1115 and any other whole square of ground of which it might become the possessor, for the sole purpose of enlarging said burial ground and giving it power to hold and enjoy forever any land which it might possess or purchase for the extension of the burial ground, not exceeding in all 30 acres, and to sell or otherwise dispose of said ground for burial purposes. Under this act the vestry purchased, in addition to reservation 13 on the east, square 1116 on the south and 1104 on the west, and by virtue of the provision allow- ing them to inclose, possess, and occupy the intervening streets, it took possession of and laid off into burial sites and sold such sites along Eighteenth and Nineteenth streets from E to G, and G street from Eighteenth to Nineteenth. The vestry's ownership was afterwards recognized by the United States, when, pursuant to act approved August 16, 1856, 500 burial lots were purchased from that body by the General Government along Eighteenth street from E to G. In 1858 — the vestry having in the meantime purchased four other squares, 1105, 1106, 1117, and 1123, being all the ground between G street and Water street, and Seventeenth and Twentieth streets — an act of Congress was passed May 18 of that year authorizing the vestry to take, inclose, and use forever the inclosed streets, but providing that it should not sell the same for any purpose whatever, but that the United States should retain and hold such parts thereof as might be laid out for burial purposes for the interment, of members of Congress or such officers of the Government as might die in Washington. The object of the proposed bill is, in effect, to repeal this proviso on certain condi- tions. These conditions are substantially that the vestry shall care for, protect, and preserve in good order the Government portion of the cemetery and the monuments, gravestones, and cenotaphs; that it shall preserve intact the avenues or drives now laid out along said parts of streets; that the proceeds of sales shall be devoted solely to the improvement and adornment of the cemetery, and that should the United States at any time need more grave sites for the interment of its officers or members of Congress it shall have the right to use any of the unsold sites for that purpose. The United States has heretofore, from time to time, made appropriations in aid of the cemetery in the way of improvements and care of its property. A review of its various acts in that direction shows that the average cost to the Government has been $500 a year. When the act of 1858 was passed mere was then a custom, recog- nized by Congressional acts, to erect a cenotaph to each Senator or Representative dying during his term, regardless of where he was buried. This was not strictly within the terms of the vestry's donation, but was acquiesced in. The actual inter- ments had at that date practically ceased, as the increased means of transportation allowed their families to carry out their natural wish to bury their remains at their homes; but for the erection of cenotaphs it was uncertain how much ground might be needed, hence the reservation or proviso made. In 1876, however, an act was passed ( May L'.". ) directing in substance that no mon- ument should lie erected, except where the deceased was actually buried in tin' cem- etery. No burial has since taken place there, and very few, if any, are likely to. it is shown to the committee that the ground between E and ('• streets now owned by the Government, and which this act reserves to the Government, is sufficient to afford room for the erection of cenotaphs (should that practice be resumed) for sev- enty years to come, and for actual burials for an incalculable period. [nasmuch as Hie I Government is not at all likely to have need for any more ground, and its expenses in the repair and care of the Government property is to be under this act assumed by the vestry, whose annual receipts from sales of these sites will not be great, and t heir application is limited to cemetery purposes, we are of opinion that the bill should pass, amended by inserting in section 2, line 10, before the word "improvement," the word "care." BURIAL BITES IN 0ONGBE88IONAL CEMETEBY. 5 [House Report No. 1214, Fifty-third Congress, second session.] The Committee on the District of ( lolumbia, to w hom was referred the bill i II. R. 223) granting the right to sell burial sites in parts of certain streets in Washington City to the vestry of Washington parish for the benefit of the Congressional Ceme- tery, have considered the same and report: A. bill similar to the first two sections was pending in the Fifty-first Congress, ami was favorably reported by the Committee on the District of Columbia to the House, but was not reached on the Calendar. The report (No. 3645, second session Fifty- Qrst Congress) is quite lengthy and gives a history of the Congressional Cemetery, showing that for more than seventy-five years the Congress bad taken interest iii it and made appropriations froin time to time and granted the privilege of using the inclosed streets. In the early years of the century many members 01 Congress and public officers were buried "there in sites donated by the vestry, and until 1N7(> cenotaphs were erected to all Congressmen dying during their terms, although buried elsewhere. As a result the cemetery, although the private property of the vestry, came to be called in common parlance, as well as legislative acts, the Congressional Cemetery, and cenotaphs remain there as the property of the United States. The parts of streets mentioned in the first two sections of the pending bill were granted to the vestry by act of May 18, 1858 I 1 1 Stat. L., 289), to "take, inclose, and use forever," with a proviso, however, that the same should not be sold for any pur- pose, but that the United states should retain and hold such pari thereof as might be laid out for burial purposes for the interment of members of Congress or such officers of the Government as might die in Washington. The effect of the two sec- tions referred to is to repeal this proviso and open the same to sale, as was the case in all the other parts of streets theretofore inclosed. The third section of the pend- ing bill extends to certain other parts of streets when inclosed, the provision of sec- tion 2 of the act of July 25, 1848 (9 Stat. L., 250), giving the vestry authority to inclose, possess, and occupy them with the consent of the municipal authorities. Certain conditions are annexed to these proposed grants to the vestry, the most important of which are that the proceeds of sales are to be devoted exclusively to cemetery purposes, the avenues or driveways to be preserved intact, the vestry to perpetually care for and protect and preserve in good order the Government ground, monuments, gravestones, and cenotaphs, and to granl permission to the District Commissioners to enter on the grounds and construct a sewer contemplated in the near future. One of the streets for a whole square is also reserved to the United states, having 500 grave sites. Under present conditions and for the last twenty years the parts of streets have been useless to anybody. Congress having already granted the same to the vestry with the sole reservation of the right to use for official burial purposes, and such burials in that cemetery having ceased with the march of time and increased facili- ties of transportation, the Government has no more use for the ground. The drive- ways in the center are only 16 feet wide, while the streets are SO and 100, so that there is imposed on the vestry the burden of keeping sodded and in good order a large quantity of idle ground. Moreover, the Government property must either go to decay or expenditures must be made from the public Treasury to keep it in good order. It thus appears that it is to the interest of all the three parties concerned — the United States, the District of Columbia, and the vestry — that the bill should pass. No street can be opened as long as the cemetery exists, and the bill provide- that on its abandonment for cemetery purposes the streets shall revert to the United States. A II *08