The Burying Ground lease at Richmond Va · Isaac Leeser Digital Repository · Legacy Projects from Judaica DH at Penn Libraries

Title

The Burying Ground lease at Richmond Va

Contributor

Isaac Leeser

Location(s)

Philadelphia

Format

Letter. 6 page(s) on 12 sheet(s).

Type

Letter

Language(s)

English

Has Format

https://colenda.library.upenn.edu/items/ark:/81431/p3vq2sx1v/manifest.json

Physical Characteristics

Lined Paper

Manuscript

Is Part Of

http://www.wikidata.org/wiki/Q125097480

content

For the “Occident”
the Burying Ground lease
at Richmond Va
Mr Editor,
As perplexing as it may seem for Jewish Congregations for to be compelled to assert their rights by appealing to the courts of Justice relative to matters that could and ought to be settled by their own bodies, or by the arbitrament of others that are disinterested, It is to be regretted that the Portuguese Congregation “Beth Shalome” and the German Congregation “Beth Ahaba” have now pending a suit in the Chancery court of the City of Richmond, depositions are now being taken in evidence for the same, before the commissioner of that court, relative to the rights of the respective congregations to the “Beth Haim” that was vested in the former congregation in the year 1816 by the Common? Hall of the City of Richmond, by virtue of the following ordinance
An ordinance
concerning the Hebrew Society of Richmond
Passed May 20th 1816
Be it ordained by the president and Common Hall of the City of Richmond in Common Hall assembled, and it is hereby ordained by the authority of the same, that one acre of Land belonging to the City of Richmond, lying on Schookoe Hill as laid off and designated in a plot of said land commonly called the Poor House land, made by Richard Young surveyor of the City of Richmond, be and the same is hereby set apart and vested in the Hebrew Society of the City of Richmond, called in Hebrew “Kaal Kadosh Beth Shalome” in English, “The Congregation of the House of Peace” to be by them held and exclusively used as a burying ground subject to their Rites and Laws for that purpose and for that alone
This ordinance shall commence and be in force from and after its passage.
In this case, a right is asserted by the German congregation on a more legal technical point, and in accordance to all rules of equity that should at least govern religious bodies, it cannot be sustained, and must receive the indignation of all enlightened communities of Israelites especially, this case probably stands unparralled in the annals of Jewish History in the United States and doubtless throughout the Israelitish world. In giving

a statement of the facts in this case the writer intends to give them fairly and inpartially without the least exaggeration, in order that the discriminating and unprejudiced mind will be able to judge upon its true merits.
The congregation “Beth Shalome” according to its record was established in the City of Richmond about the 1791 by the following named gentlemen, Jacob Mordecai, Joseph Darmstadt, Samuel Alexander, Isaac H. Judah, Joseph Marx, Isaac Mordecai, Gershom Judah, Lyon Hart, Myer M. Cohen, Aaron Henry Baruch H. Judah Benjamin Wolf, John Tobias, Manuel Judah, Jacob I. Cohen Zalma Rehine, Isaiah Isaacs, Aaron N. Cardoza, Israel Cohen David Isaacs Benjamin Solomons Mordecai M. Mordecai, Asher Marx, Samuel Mordecai, Benjamin Myers, Mordecai Myers, Marcus Elcan, Abraham Myers and others, during that year Isaiah Isaacs one of the founders of the congregation vested in the hands of certain trustees a portion of his garden for a Burial Ground for the interment of “All Jews male and female that may die in the City of Richmond or whose bodies might be brought there to be interred,” that ground was placed under the control of that congregation, the dimensions of the ground was 40 by 102 feet, and oblong square of 8 by 40 feet was to be reserved for the interment of Isaiah Isaacs the granter, and his kindred and Cohen my partner in trade and his kindred, the lot of ground was situated in a thickly inhabited part of the City on Franklin near 21st Street, the congregation made interments in that ground for a number of years, the walls became delapidated, and the nature of the grant was such that the congregation could not exercise any legal control over it. It being held by trustees for the Interment of Israelites generally without any discrimination, their interment in the regular range was certain notwithstanding the offences they may have perpetrated contrary to the Jewish Laws. In such cases no one had a legal right to interfere, that ground was used till about the year 1816 or probably a little later period. The population of Israelites was not very dense at that time, consequently but a small portion of the ground was filled, in that year the congregation deeming it necessary, as do all congregations, to hold a Burying Ground under their own immediate control, and subject to their Rites and Laws, and to abandon interments in the Ground granted by Mr Isaiah Isaacs for general inter-

ments without any restrictions, therefore at a meeting of the cong-regation held on the 18th of Feb. 1816 it was
“Resolved that Mr Benjamin Wolfe, Manuel Judah and Samuel Myers be appointed a committee to investigate the records of the Common Hall concerning the appropriation of some ground that was laid off for Burying Grounds for the different Religious Societies some time back, and that they use their endeavours to obtain said ground for this congregation”
At a subsequent meeting Mr Benjamin Wolfe, who was then a member of the Common Hall said before the meeting the ordinance with a plot of the same, and it was
Resolved, that the congregation do accept the lot, and a vote of thanks be given to Mr Benjamin Wolfe for his unremitted exertions in procuring for this congregation the lot of Ground from the Common Hall, and that four corner stones with the letters Hebrew thereon be placed on the Ground granted to this congregation,
The congregation then built a substantial brick wall and and Matar House on the ground at a cost of nearly fourteen hundred dollars ($1400) which was raised by the liberal voluntarily contributions of the members
Many of the members had the remains of their near relatives taken from the old ground and re-interred in the new one, a singular incident occurred relative to the first interment that was made, Mr. Benjamin Wolfe, the individual who used his exertions in the procurement of the ground was the first that was interred thereon, before the wall was built, or the ground proper-ly treated, hence his tomb may now be seen at the N. E. part of the Beth Haim no graves near it except some of his family, the congregation commencing to bury at the western part of the ground, a century may pass and his grave still will be solitary and alone as not more than about one eight of the ground is now dug upon.
About the year 1841 the congregation numbering from 90 to 100 contributing members, about 18 or 20 withdrew and formed a German congregation under the ? of “Kaal Kadosh Beth Ahaba” on account as some attribute it to, to the mismanagement of the former congregation It will certainly be conceded by all, that as soon as the Jewish population in all cities in the United States increase sufficiently, they form separate congregations, and worship in accordance to the German

for the Shohet, and tendered to them the use of the Ground free of charge, and directed the committee on the Ground or the Parnass to dig have the graves dug as bear to the wishes of the family or relatives of the deceased as practicable, The congregation “Beth Ahaber” availed themselves of the provis-ions of the Resolution for 4 or 5 years, when another effort was made to effect a compromise, a committee appointed by both congregations met, the German congregation claimed the right to the Ground on account of a mere legal error in the drafting of the ordinance granting the land to the K. K. B. S. that congregation then agreed rather than to have any fur-ther difficulty about the Beth Haim, that if the K. K. Beth ahaba would give to them the small sum of Two Hundred and fifty dollars that they would might hold the ground conjointly and that each congregation should have equal rights in and and to the said ground, and that, that money should be expended in repairing the Synagogue that which was at that time in bad order, the committee on the part of the German Congregation “Beth Ahaba” would not agree on any terms and refused to give one cent, the committee on the part of the “K. K. Beth Shalome” desired to leave submit the whole affair the decission of arbitrators, and abide in their result, that proposition was also preemptorily refused by the other party, the Resolution granting the free use of the ground whenever application was to be made for interment was not recinded, but kept in full force, not satisfied however to use the ground under the kind provisions of that resolution any longer which was addressed to on the part of the “K. K. Beth Shalome” with a unbroken faith.” That congregation irreligiously had a false key made to enter the ground with impunity, and inter therein without the permission of the “K. K. Beth Shalome” until this time,
It may probably seem strange to those unacquainted with the statues of Virginia, that such a trespass could be made upon that ground and the infringements on the rights of a congregation without any redress being sought in order to bring the offenders to justice, and stranger yet may it seem when on perusing the ordinance granting the same to a specific congregation in their proper name style and title, and to be used according to the Rites

and Laws of the Congregation, that that congregation should be powerless by the arms of the laws and rendered unable to defend their just and equitable rights. According to the Laws of Virginia, a religious Congregation is not known in in law, they cannot be incorporated, and have therefore been incapable to hold property, sue or be sued, though in accordance to the statute of 1842 congregations could hold property to a limited amount through the intervention of Trustees, but that did not apply to property that had been vested in a congregation prior to the passage of the act without the intervention of Trustees, It will therefore be perceived by refferrence to the Ordinance granting the same, that the ground was vested in the congregation and no indi-viduals could exercise any legal authority over the same, be-cause the power was not vested in them, a stranger could therefore go on the ground and commit any act of degradation with impunity, however, no such act was ever per-petrated until a sister congregation thought proper to take legal advice and to avail itself of that disgraceful outrage knowing that the congregation “Beth Shalome” were incapable in law to seek redress. By a recent enactment of the Legislature which took effect on the 1st day of July last, it provided that where property had been conveyed, devised or dedicated for the use of any religious congregation for a House of worship Burying Ground, or residence of their minister, since the year 1777 with or without the intervention of Trustees, when application is made to the circuit court for the county or corporation wherein the property lies, by the proper authorities of such congregation, the court may appoint Trustees were there were or are none, in whom the legal title of such property shall be vested. The passage of that act although for the benefit of all religious congregations that may wish to avail itself of its provissions, was procured at the instance of some of the members of the “K. K. Beth Shalome” in order that it might cover the case now in controversey.
That congregation in January last made application to the court for the appointment of Trustees therein named, which application was met with the opposition of the German Congre-gation, preventing a counter application to the court for the same ground and to have an equal number of Trustees from each congregation, or the whole number from their congregation appointed to take charge of the said ground.

setting forth various reasons that caused them to withdraw from the congregation “Beth Shalome” and that the Common Hall intended the ground for all Israelites although they did not express it so in the ordinance granting the same.
Thus it will be perceived that the German Congregation “Beth Ahaba” are endeavouring to obtain control of a “Belle Haim” on account of a mere legal technicality arising from the fact that in law that a religious congregation is not known, and hence this advantage is sought, a more outrageous affair on the part of a religious congregation, and more particulars among Israelites, (where congregations do not hold ground) conjointly) has probably never been attempted.
The style of the lease is Rosenfeld and others exparte, against Levy and others exparte defendants, although the congre-gations “Beth Shalome” made the application, the court has it appears from the record made them defendants, and has ordered that the commissioner accertain the number of members of the congregation “Beth Shalome” at the time of Secession, and also the number that seceded, also the present number of each congregation, the cost of improvements on the ground and by whom made, and whether the K. K. Beth Ahaba has paid any thing for the improvement or protection of the Ground with the knowledge or consent of the K. K. Beth Shalome, and in order to accertain these facts the commissioner has commenced the taking of the depositions on evidence touching the matter. The testimony thus far elicited from the Plaintiffs is thus far is rather novel, and as a jou-rnalist it is deemed a duty incumbent on you to ex-pose to public indignation and scorn such testimony as shall seem to you to be given in order that the truth and facts of the case shall not be made apparant, and let allowing the stigma of reproach to fall on whomever may be deserving of it. There is many facts connected in this particular case with which you are conversant with, as well as the General customs or usages of Jewish congregations in this country and else-where, or therefore you will be able to judge of the weight of the evidence in the matter, and show very conclusively to your mind as well as to your numerous readers the manner in which the truth is rather evaded than avowed, causing the examination to be lengthy and tedious*

Identifier

LSTCAT_item66