USA > Massachusetts > Suffolk County > Boston > Old Copp's Hill and Burial Ground : with historical sketches, March 1, 1882 > Part 12
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Dr. DURGIN .- We worked nearly two years under the old law with the hope of notifying the proprietors, and then taking the step which we have now taken to close those tombs. We found it utterly impossible to do so. We employed a man for a year or more to look up these very records, and see if it were possible to
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notify the proprietors according to the old law, which required that at least one owner in each tomb should be served with a notice.
The fact that the Board of Health consider the tombs a nuisance, and that public health requires they shall be closed, is not of recent origin.
In regard to the stench in the Board of Health office, of which Mr. Keith spoke, you can now go down there and see from half a dozen to forty of those large blue flies collected in the cracks in the walls facing that burial-ground, - a condition of things you never see except where a stench exists. That is within five feet of where my desk used to be, and that is the condition of things we are obliged to have, when the windows are open. The stench is de- cidedly bad ; it has affected my health as it has that of other mem- bers of the board. Mr. Phillips made a great point about these bodies being buried several feet under the surface of the ground. He ought to know that these tombs are the worst possible places for the escape of gases ; that you cannot confine them in the tomb.
In 1843, during an investigation in regard to prohibiting the further interment of bodies in cities in Great Britain, it was found that gases came up from a grave twenty feet deep. Several physi- cians stated that five or six feet of earth above the bodies would be sufficient to confine the gases ; but it was afterward proved that it was not sufficient. The idea that a covering of a few feet of earth will confine these gases has been proved to be entirely erro- neous. It is true that a few feet of earth may confine a certain degree of animal matter so that you will not perceive it; but it is not true that a large amount of gas can be confined under the same depth of earth. We maintain that the soil in King's Chapel and Granary Burying-grounds is literally saturated with these bodies. Giving to each tomb ten bodies, - and there are forty to fifty in some of them, - you will have nearly three thousand bodies in those two little grounds. You can very easily imagine what con- dition the earth is in. The time has long since arrived when further interments there should be prohibited. This has been the sentiment in all large cities abroad, and decided measures have been taken to prohibit further burials within city limits. In re- gard to St. Paul's Church, an act has been passed not only pro- hibiting further burials under it, but absolutely requiring that the bodies now under the church should be carried away. If the city is responsible for the care of those grounds, something should be done to make their condition safe. On pulling away the grass alongside one of those tombs, I disclosed a hole some ten inches in diameter showing that about three feet of the tomb had already settled ; it will soon give in. We have to hire people to cut this grass and make those places reasonably safe. A man cut- ting the grass is in danger of going through.
Mr. KEITH. - If the grounds are closed, and the Board of Health have authority to care for them, they will be kept in repair.
Dr. GREEN, CITY PHYSICIAN. - I feel very confident that the Board of Health cannot urge with too much force the necessity of closing these graveyards. I have as much interest in each of them
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as almost any one. I have ancestors lying in each, and I say, by all means shut them up. That would be my opinion of what most persons would do who have members of their family buried there. Naturally the persons who feel the least interest in closing them are not those who come here to give their opinions to you. Those who feel a strong desire not to have the tombs closed come here.
I cannot tell what will become of the fee of the land, but I have an opinion, based'upon something I have seen, that these two graveyards were originally one. King's Chapel Graveyard, the old- est in the city. was probably a tract in the outskirts of the village, and undoubtedly interments were made in a part of it which we now call the Granary Burial-ground. Afterwards, when Tremont street was laid out, they found a part of the tract of land that had not been used for burial, and straightened the street and carried it through, making two separate burial-grounds. I have no doubt that at one time in the early history of Boston, the two graveyards were spoken of as the same, but the street having been laid out, they have practically become two distinct grounds.
Mr. PERKINS .- Do you think the public health requires this measure ?
Dr. GREEN. - I do, most decidedly. I have often noticed what Dr. Durgin mentioned, that in the warm part of the year you can see twenty to one hundred of these large blue flies huddled to- gether in the cracks of the walls where the Board of Health was located.
Mr. PERKINS. - What is your opinion about the condition of the grounds ?
Dr. GREEN. - They are bad indeed. Knowing they were bad, I was surprised to find them so bad. I did not see a tomb I thought in good order.
Mr. PERKINS .- Then, in the short time you spent there this after- noon, you saw that the tombs were in bad condition ?
Dr. GREEN. - Yes, sir.
Mr. BARRY .- If the city closed the tombs, parties having rights in them cannot bring a legal action under the statute? Mr. Phillips could not sue the city ?
Mr. KEITH .- It is one thing to bring a suit; another thing to maintain it. There is no legal ground to maintain a suit, in con- sequence of the tombs being closed to burials ; that being done under authority of the Legislature. As long as we follow that act there is no ground of action for closing the tomb. That is my judgment as a lawyer.
Mr. PERKINS .- We made a very careful examination of the tombs, and were obliged to mark fourteen bad, twelve very bad, ten fair, and two open.
Adjourned.
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CITY DOCUMENT No. 96.
KING'S CHAPEL BURYING-GROUND.
FIRST HEARING.
JULY 22, 1870.
The committee met at 2 o'clock, P.M.
PRESENT .- Aldermen Tucker, chairman, and Robinson ; Coun- cilmen Perkins, Barry, and Wyman.
The clerk read the call, and the report of the Board of Health, recommending that further interments in the ground be prohibited ; and the chair announced that the committee were prepared to hear remonstrances.
MARY E. SEAVER, representing tomb No. 10, asked if the tombs are closed, if the city will furnish a burying-spot elsewhere, she not being able to provide another. Her family have been buried there. No other heirs claim the tomb except her family. She was no relation to the party named in the list, James T. Austin, the tomb having come to her family from Zachariah Jahonnet, and been in their possession about forty years, if not longer. She objected to the tomb being closed without she could have a burial- spot elsewhere. There are, perhaps, ten or eleven members of the family likely to be buried there. The last burial was Charlotte Seaver, an adult, who died three years ago.
J. G. BELL, representing tomb No. 22, objected to its being closed. No interments there to make it detrimental to the public health. Do not think one of the family will be buried there, but it is the only burial-place they have now. It was five or six years since the tomb was opened. The tomb is in thorough repair, and has always been kept in good condition. He spoke only for him- self, Mr. Edward Bell and Mr. Wm. A. Bowdlear being the other owners. There is some mistake about the list representing a party by the name of Wells having an interest in this tomb. On the old plan you will find it marked as the Crafts and Bell tomb. Do not think it is detrimental to public health, because there are not inter- ments enough to make it so. The swill-carts which go about the streets are more detrimental. He expected to be buried at this place or in the Granary. Visited this tomb not three days ago. It is near Tremont street, next to the Chapel, on the right-hand side, near School street, two or three tombs from the street.
WM. HAYDEN, representing tomb No. 5, in the name of Wmn. and Edwin Davis, asked what it was proposed to do, whether the city contemplated removing the remains, or hermetically sealing the tombs. There is no one connected with his family who would be likely to be interred there, and he did not care to retain it as a place of sepulture for himself. He should object to removing any of the re- mains, and wished the tomb closed so it shall never be opened again. There have been no interments there for five or six years. His grandfather, Edward Davis, who lived all his life in State street, and occupied for fifty years the estate upon which the Tre-
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mont bank recently erected a new building, owned the property, made a thorough repair of the tomb, and died in 1811, very soon after the repairs were made. Mr. Hayden himself had the inte- rior arranged some ten or a dozen years ago, and had not heard any complaint from the tomb. The tomb is on this side of the burial-ground, just below the probate office. If the remains are left in the tomb he should not object to their being closed.
W. DAWES COOLIDGE, representing tomb No. 19, inherited from his grandfather, Wm. Dawes, said that when Mr. Pierce was Mayor the speaker consulted with those interested in this tomb. They left the matter pretty much with him, and he proposed to the city some four years ago that if it would give him a lot in a proper location he would not object to closing the tomb. This is a natural question which fills the heart of almost every one having an interest in the tombs. He proposed to relinquish his right if the city would give him another lot as it did his mother, who had one on Boylston street and received one at Mt. Auburn from the city. The mayor thanked him for the proposal, and said he would place it on file. He would be most happy to unite with the city, and supposed that the high-toned honor of Boston would not de- prive him of his burial-place without providing him with an- other.
The CHAIRMAN. - The committee are not prepared to enter into any contract of that kind. Their object is to obtain the views and feelings of the owners.
Mr. COOLIDGE. - I should gladly cooperate with the city in any wish it may have. There was an interment there about a year and a half ago, but it was not in his branch of the family. It was an old lady. The tomb had always been in good order. If any- thing wrong came to his knowledge about the place where his father and mother lie, he would take care of it. The tomb is near the south-west corner of City Hall, and would have been covered by thirty feet removal of the chapel. He presumed no one has any right in the soil. The town never gave any right in the land, but simply the right of burial.
THOMAS MINNS appeared for tomb No. 9. To see what bearing the interments had on the public health he examined the City Reg- istrar's office to find the records of the last five years. He found that the burials in 1874 were two, in 1875, two, in 1876, one, in 1877, none, in 1878, four, making nine interments in five years, or on an average of one in less than six months. The removals from other cities and towns to this burial-ground were, three in 1874, two in 1875, one in 1876, none in 1877, one in 1878, making a total of seven in five years. Miss Mary Clement, the last surviv- ing daughter of the owner of the tomb, thinks it would be an act of gross injustice and hardship to deprive her of the right to be laid where her parents and sisters are, and where she proposes to be laid. The last interment was in 1872. Previous to that there was a temporary interment in 1870, and the previous one was in 1865. He saw the tomb in 1870, and it was in perfect condition. Miss Clement is very old and infirm, her family all lie there, and when she dies the race will be extinguished. It is one of those excep-
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CITY DOCUMENT NO. 96.
tional cases which ought to be provided for. Should think there are perhaps the remains of twenty persons in the tomb. Think there are none others of the family besides Miss Clement that care particularly to use it.
ELIZA P. BAKER, represented tomb No. 26, speaking for Mar- garet Hopkins, especially. Her sister is seventy-five years old, feels very bad, and don't want to have the tomb closed. It has been open but once in fifteen years, when her mother was buried, until last August, when her father died. The undertaker said the condition of the tomb was good. Mrs. Newcomb, who has an interest in No. 26, removed her husband to Woodlawn about a month ago, and a brother was temporarily buried there last August, and afterwards taken to Woodlawn. No smell came up from the tomb then. They are all poor ; could not get another place, and would like to be buried there. Mr. Joseph Clyde owns the tomb, and it was her Grandfather Clyde who had it built. It is right here at the gate, with a brown top to it. They would have no objection to the tomb being closed if the city would provide them with another place.
Mrs. HARRIET W. LOVERING, representing tomb No. 1, said it was open a year ago last June ; there are seven bodies in it now. The tomb was cleaned in 1864 ; is in excellent condition ; there are about seven members of the family who are to be buried there, and they are not able to buy another place. They would be willing to take another place.
CLARA WENDELL also represented tomb No. 1, and said only her mother and herself were left. They had no objection to closing the tomb if another place is provided them. She had often thought that if she had the means she should decidedly prefer to remove the remains of her father from that place, and would be very happy to do so if the city would allow her the money. Her father, mother, and all her folks were residents of Boston.
MARY E. HATHAWAY, representing tomb No. 4, said that her own children, her mother, grandmother, and all her ancestors are buried there. Her mother was buried there some ten years ago, and her son nine years ago. If the tombs are closed she would not remonstrate on her own responsibility. Her aunt had the tomb put in good condition nine years ago, when the last inter- ment took place.
FRANK W. BIGELOW, representing tomb No. 11, built by James Johnson, in 1787, said that in 1849, or thereabouts, there was a hole in the entrance, and his father had it repaired, and the planks replaced with stone. There are only four coffins there. Don't think there has been an interment since 1814, though there has been a temporary one. Do not think it is right to disturb the tombs if they are not a nuisance, and do not think they are. Reside in Weston. Would rather have these places remain just as they are. Five generations of his mother's family are buried in the King's Chapel Burying-ground.
Mrs. E. J. Cor said she had a brother and four sisters in the infant's tomb, as well as a grandmother. Have no objection to the tomb being closed if another place is provided.
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C. L. RIDGWAY appeared for tomb No. 20, at the corner of School street. He objected to its being closed, even if another place is provided. The last interment was that of a child, five years ago. His family are buried there ; have no other place of interment. If the city would give him the best place in Mt. Auburn for his right in this tomb, perhaps he would take it. There are as many to be buried there as the tomb will hold. He did not see any reason for shutting the tomb. So far as accepting another place is concerned he would say about that as one would about buying a horse - should like to see it first.
EDWARD R. BROADERS appeared as one of the heirs of tomb No. 34. He had no objection to its being-closed, provided the city will furnish another suitable place for burial. He agreed with the views of Mr. Coolidge. Should think there were eight or ten bodies in the tomb. Himself and his brother are the only direct descendants that remain. His children are mostly provided for in other places. He should like to be buried there because his father, mother, grandfather, and grandmother, and ancestors farther back than that are laid there. The tomb has been in the family one hundred years. Understand it is in good order. Have not seen it for a good many years. Have been absent for the last sixteen years. Think it was opened about two years ago, to take out two persons that had been previously buried there. They were buried about six years previous to that.
Mr. MINNS presented a request signed by himself, Mr. Bigelow, and others, requesting an adjournment of the hearing to the time of the adjourned hearing on the Granary Burial-ground, that evi- dence may be presented on the question of the effect of burials on public health.
The committee consulted, and the chairman announced that the next hearing would be on Thursday, September 4, at two, P.M.
SECOND HEARING.
THURSDAY, Sept. 4, 1879.
The committee met at two o'clock, P.M.
PRESENT. - Aldermen Tucker, chairman, and Robinson ; Coun- cilmen Perkins, Barry, and Wyman.
THOMAS WM. CLARKE appeared in behalf of himself and the other proprietors of tombs upon the Tremont-street front, espe- cially representing tomb 15 originally belonging to Samuel Tyley. He desired and obtained leave to introduce evidence.
JOHN HASSAM, a conveyancer, in the habit of visiting the reg- istry of deeds and probate building very often, nearly every day for fifteen or sixteen years, stated in reply to questions by Mr. Clarke that he had never noticed any offence or nuisance from the King's Chapel Burying-ground. Was present a few days since when some of the tombs were opened, stood near them, and did not notice any nuisance or offensive odor when they were opened.
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Some had a large number of coffins, but nothing bad in them, There were many people on the sidewalk looking in ; heard none of them remark anything about the tombs being offensive. It was quite a warm, muggy day. The desk he usually occupied in the registry is at the window opposite Tremont street, looking directly out upon this tomb, and if there had been anything offensive he should have noticed it. Know all the people who have come there for years examining titles and never heard any one say anything about it. (To Mr. Perkins.) Detected no offensive odor. Did not look into all of them. Noticed nothing unusual about the tomb nearest the registry of deeds on Tremont street when it was opened. Could not tell by their looks whether the coffins had been there a long time or not. Am very quick to detect odors. Some of the coffins were much discolored and black. (To Mr. Barry.) Took a general look at all of them. Thought they were in admirable condition. Was surprised to find them in such a good condition.
Dr. JOHN HOMANS, a physician in practice about seventeen or eighteen years, testified in answer to Mr. Clarke's questions, that he had been familiar with the King's Chapel Burying-ground in that time ; am familiar, by observation, with the condition of cities abroad where intramural interments are practised, particularly London and Vienna.
Mr. CLARKE stated that it appeared from the City Registrar's Record, that in 1874 five tombs were opened in King's Chapel Burying-ground, two for interment, and three for removal ; four were opened in 1875, two for interment, and two for removal; two in 1876, one for interment, and one for removal; none in 1877; six in 1878, four for interment, and two for removal ; making an average of three or four tombs opened in each year, some for in- terment and some for removal.
Dr. HOMANS said the effect of that upon the health of the city in that neighborhood would be inappreciable. There is no better disinfectant than earth.
Mr. CLARKE asked Dr. Homans what he thought of the statement in the report of the Board of Health as to the value of the King's Chapel ground for building and other purposes.
The CHAIRMAN ruled that that had nothing to do with the ques- tion before the committee.
Mr. CLARKE desired to put the question as a matter of sanitary experience.
The CHAIRMAN thought that was diverting from the subject before the committee.
Mr. CLARKE desired to put the question and have the committee rule upon it, whether building upon that ground and destroying it as a breathing-place would have a greater injury upon public health than five to ten interments a year.
The CHAIRMAN decided that the question of building on the ground was not before the committee.
Mr. CLARKE asked for a vote of the committee upon the ques- tion, and the chairman consented.
Mr. PERKINS understood they were simply considering the expe- diency of closing the tombs and prohibiting interments.
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Mr. WYMAN understood that erecting buildings there had nothing to do with the question before the committee.
Mr. CLARKE understood that the Board of Health had recom- mended it.
Mr. PERKINS said there was nothing of the kind in the order. They are simply to consider the expediency of closing the tombs on sanitary grounds ; but building upon the land had never been mentioned.
Dr. HOMANS, in reply to questions by Mr. Perkins, said the effect of burying-grounds upon the health of people in localities near them depended much upon the crowded state of the population. At the North End, where there are crowded tenements, it would be unhealthy ; but around the St. James Hotel it would not have so bad an effect. Had never heard that Park street or its vicinity was unhealthy. (To Mr. Clarke.) Was in the army ; have had experience about large burying-grounds where a great number of dead have been buried at one time. Never noticed any very par- ticular difficulty arising from troops encamped in the neighborhood, if the dead had been properly buried. If they encamped in the neighborhood of a battle-field, the horses and mules might not all have been buried, and of course they would make a disagreeable odor. (To Mr. Perkins.) As a general rule the troops never remained long enough in one position to test that question, and the battle-field was left soon after the battle was fought, but not for sanitary reasons.
Mr. PERKINS .- Many troops were buried on the ground of the first Bull Run battle, and many troops were encamped around there before the second Bull Run. I know it was generally considered important to get away from those localities.
Dr. S. L. ABBOTT, a physician in practice since 1841, testified in answer to questions by Mr. Clarke, that he had had a great many patients in the neighborhood of the chapel and Granary Burying- grounds and in the Tremont House. Did not consider the Tremont House a particularly unhealthy locality on account of its vicinity to the burying-ground. Had never seen a case of sickness there which could in any way be attributable to the influence of the burial-ground. Do not consider that four or five interments a year in King's Chapel Burying-ground could injure the public health in the slightest degree, if they are made decently. Cannot conceive of their doing any possible harm. The danger from a great amount of organic matter decomposing in crowded communities would be usually more from the injury that the drinking-water might sustain by filtering through such a soil ; any bad odor from the burying-ground might be offensive, and if continued might make people sick ; but it would be entirely impossible to prevent anything of the kind in the burying-ground. He remembered visiting a burying-ground in Frederick City crowded with dead soldiers ; but there was not the slightest bad odor about it. The soldiers were buried in ranks side by side, in long trenches. (To Mr. Perkins.) There have been a great variety of diseases that I have treated in the vicinity of these grounds, but have not had one case of fever. They were most of them cases of boarders in the
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hotel, and occasionally a domestic. The only case of zymotic dis- ease, which is considered contagious, was two or three years ago, in March, I think, by a gentleman who arrived from an extended tour in the West, and was taken with diphtheria almost immedi- ately on his arrival. Do not think I have had a case of dysentery during the time I have been called there. That is a class of dis- eases likely to be caused by effluvia and the disturbance of the digestive organs. Neither had he heard any complaint from the inmates and people employed in the house of any bad odor from the burying-ground.
WM. B. TRASK, for many years in the habit of visiting the His- torical Society rooms in the Probate building, testified in answer to Mr. Clarke, that he had had occasions enough in the past thirty years to notice anything noxious or any deleterious odor or nui- sance from the graveyard, but had never observed the least thing. Had asked the question, whether there was any complaint, and the answer had invariably been, not in the least. About twenty years ago he was sick with nervous prostration, and on his recovery he was particularly sensitive about this sort of thing, and his family remarked it. The Registry of Deeds and Probate building is rather a pleasant place to work in. (To Mr. Perkins.) Was present in the office looking out of the window when the tombs were opened. Detected no odor, not even from the one opened near the Registry of Deeds.
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