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An Archaeological Perspective on Historic Cemetery Studies,[object Object],Patrick H. Garrow, RPA,[object Object],MACTEC Engineering and Consulting, Inc.,[object Object]
Archaeologists do all types of projects.,[object Object],From buried Colonial ships in New York City…,[object Object]
To a Colonial plantation in Maryland….,[object Object]
To a prehistoric village in Puerto Rico buried by a landslide…,[object Object]
To a prehistoric site in the North Carolina mountains….,[object Object]
To a city block in Knoxville…,[object Object]
Archaeologists also study historic cemeteries…,[object Object]
Thousands, and perhaps tens of thousands of family, church, and community cemeteries are scattered across the South. Every year many cemeteries are threatened, damaged, or destroyed by development.,[object Object]
Some cemeteries are old enough and important enough to be protected by the same laws that protect other archaeological sites. However, most cemeteries fall under state burial laws, which offer at least some legal protection from damage or destruction regardless of age.,[object Object]
Tennessee Title 46. Cemeteries,[object Object],[object Object]
Makes it a Class E felony to: “…willfully destroy, deface, or injure any monument, tomb, gravestone, or other structure placed in the cemetery, or any roadway, walk, fence or enclosure in or around the same, or injure any tree, plant or shrub therein, or hunt or shoot therein, play at any game or amusement therein, or loiter for lascivious or lewd purposes therein, or interfere, by word or actions, with any funeral procession or any religious exercise.”
Allows for termination of use of land as a cemetery and removal and relocation of graves upon petition to the court if the cemetery is: 1) abandoned; 2) in abandoned or neglected condition; or 3) “….conditions or activities about or near the burial ground which the court finds render the further use of same for the purposes aforementioned inconsistent with the due and proper reverence or respect for the memory of the dead or for any other reason unsuitable for such purposes.”,[object Object]
The county where the cemetery is located.
The municipality where the cemetery is located when the cemetery is inside the municipal limits or within a mile of the municipal limits and within the same county as the municipality.,[object Object]
Proof that a suitable reinterment site has been obtained, with proof that the reinterment site was either obtained through presentation of the fee simple title to the reburial site to the court or that “permanent right and easement” to the site has been obtained that insures access for future visitation.
“That the removal and reinterment of all the remains will be done with due care and decency, and that suitable memorial or memorials will be erected at the place of reinterment.”,[object Object]
Tennessee law provides no guidance on the establishment of cemetery boundaries, which means that graves may be missed during relocation projects.
The law does not require that a genealogical study be conducted to identify next of kin of those buried in a cemetery so they can be part of the legal process.
The law does not require that a burial removal plan be filed with the court so that the court can determine if the graves are going to be moved “with due care and decency.”,[object Object]
Construction was stopped by an injunction, and investigations ensued. ,[object Object]
I was hired as an expert witness for plaintiff and was eventually appointed as the court’s expert. The case continued for nearly two years.,[object Object]
The cemetery was eventually moved under court order by a burial removal firm. The burials were first exposed by a backhoe and the remains were shoveled into reburial boxes. The contents of the graves were recorded by archaeologists.,[object Object]
Over 200 graves were removed from the construction site and over 100 more were preserved in place in the original construction site.,[object Object]
The new building at Hopewell was a metal building used as a gymnasium. It was built after the graves were moved.,[object Object]
The plaintiff prevailed in the Hopewell Baptist Church case and both actual and punitive damages were assessed against the church. The case drew attention to the cemetery removal issue, which fed into the next major attempt to move a cemetery in the Atlanta area.,[object Object]
An attempt was made to move the Edwards-Attaway Cemetery in Kennesaw, Georgia, shortly after the Hopewell case was resolved.,[object Object],Permits were acquired to move the graves, and an attempt was made to start the removal.,[object Object],Protestors picketed the cemetery in an attempt to stop the move, and Cobb County filed for an injunction, that was granted, to prevent the graves from being moved.,[object Object]
The cemetery was perched on a high pedestal left by preparation of the site around the cemetery for construction. It remained there while a case filed by Cobb County against the developer made its way through the courts. As a result of the case the old burial law was found to be unconstitutional and a new law was written and passed.,[object Object]
Georgia Cemetery Law,[object Object],	The Georgia Abandoned Cemetery and Burial Ground Act includes a permitting process that avoids the problems stated earlier in this presentation for the Tennessee law. A permit application to move a grave under that law in Georgia must include:,[object Object],Evidence of ownership of the land.,[object Object],An archaeologist’s report stating the number of graves present and where they are located.,[object Object],A survey prepared by a registered land surveyor showing the boundaries of the cemetery that is based on the archaeologist’s report.,[object Object],A genealogist’s plan for identifying and notifying descendents of those buried or believed to be buried in the cemetery.,[object Object],A proposal for either avoidance of the cemetery and preservation in place or for the removal of the cemetery. The removal plan must state the method of disinterment, the location and method of reinterment, the approximate cost of the process, and the number of graves to be affected.,[object Object]
The Georgia law references two methods that may be used by professional archaeologists to identify graves. It is important to note that the law requires that the entire permitting process be completed if a land use change is planned for a property that contains a cemetery. That means that a permit must be secured even if the cemetery is going to be preserved in place.,[object Object]
The two identification methods allowed by Georgia law are remote sensing and manual probing, of which probing has proven to be the most effective.,[object Object]
Manual probing works because when a hole is dug, the dirt never goes back into the hole the way it came out. The density of the fill in a hole is different than that of the surrounding undisturbed soil. The difference in the resistance provided by disturbed versus undisturbed soil can be detected by an individual who has been trained in the use of the probe.,[object Object],Probing is done systematically. I use north-south oriented lines, called transects, placed a meter apart, with probing every 6 inches along each line. The lines are placed north-south, because historic graves are normally oriented east-west.,[object Object]
Once a grave shaft is found, spikes are placed in all four corners of a grave and flagging tape is tied to the spikes to outline the graves. At that point the grave is ready to be mapped.,[object Object]
The cemetery map has to be done by a registered land surveyor under the Georgia law. The law only requires that boundaries be shown, but in application the maps have been prepared to show actual graves, landscape features, and the cemetery terrain.,[object Object]
The Edwards-Attaway Cemetery was the first cemetery to be granted a burial removal permit under the new Georgia law.,[object Object]
The cemetery was moved using archaeological excavation methods and the spatial relationships were recreated in the reinterment cemetery.,[object Object]
One of the most interesting finds in the cemetery was an individual who had lost part of an arm and a leg to amputation, who was buried next to a small feature that contained the amputated limbs. The Edwards-Attaway cemetery was located on the Kennesaw Mountain battlefield, and this individual is believed to have been a Union soldier who was injured in battle and was buried in the family cemetery after his death.,[object Object]
Most Historic Cemetery projects have been done under court orders that limit the type of research that can be done with the excavated remains. A good bit has been learned about historic burial practices despite that limitation. As an example, a good bit has been learned about dating coffins and coffin adornments, which allows unmarked graves to be roughly dated.,[object Object]
The shape of coffins in the American South changed through time, with the earlier forms being hexagonal and the later rectangular. The change took place after the Civil War, and hexagonal coffins were rare by the 1880s.,[object Object]
The earliest coffin adornments routinely used on coffins were screws with slotted white metal heads that were used to secure the lid to the coffin. These are dated from ca. 1853 to ca. 1877.,[object Object],(Bell 1990),[object Object],(Bell 1990),[object Object]

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Pat Garrow_An Archaeological Perspective on Historic Cemeteries

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  • 11. Makes it a Class E felony to: “…willfully destroy, deface, or injure any monument, tomb, gravestone, or other structure placed in the cemetery, or any roadway, walk, fence or enclosure in or around the same, or injure any tree, plant or shrub therein, or hunt or shoot therein, play at any game or amusement therein, or loiter for lascivious or lewd purposes therein, or interfere, by word or actions, with any funeral procession or any religious exercise.”
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  • 13. The county where the cemetery is located.
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  • 15. Proof that a suitable reinterment site has been obtained, with proof that the reinterment site was either obtained through presentation of the fee simple title to the reburial site to the court or that “permanent right and easement” to the site has been obtained that insures access for future visitation.
  • 16.
  • 17. Tennessee law provides no guidance on the establishment of cemetery boundaries, which means that graves may be missed during relocation projects.
  • 18. The law does not require that a genealogical study be conducted to identify next of kin of those buried in a cemetery so they can be part of the legal process.
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