United States Military Reservations, National Cemeteries, and Military Parks

Transcribed by, Lynne Sanders-Dillehay

TENNESSEE.

ACT CEDING JURISDICTION OVER NATIONAL CEMETERIES.

Whereas in the late bloody sacrifice to restore and maintain to the people of Tennessee the imperiled free institutions of our fathers, more than fifty-five thousand of our fallen patriots were buried in our State, and the Government of our Common Union has provided appropriate cemeteries for the remains of these victims of rebellion and requires that these cemeteries be held sacred under the protection of the Nation: Therefore,

 

Section 1. Be it enacted, etc., That the exclusive jurisdiction over the several tracts of land and parcels of ground with the appurtenances thereto, obtained, purchased, used or occupied for burial purposes by or for the United States hereinafter described by their names and location, with the premises thereto attached for officers' and soldiers' quarters and for guards is hereby ceded to the United States: Provided, however, That jurisdiction thereof shall be retained by the State of Tennessee so far as to punish offenders against this law by presentment or indictment and fine or imprisonment as hereinafter provided:

Knoxville National Cemetery, in Knox County, containing about 4 acres.

Chattanooga National Cemetery, In Hamilton County, containing about 75 acres.

Stones River National Cemetery, In Rutherford County, containing about 16 acres.

Shiloh National Cemetery, In Hardin County, containing about 10 acres.

Cumberland River National Cemetery, In Stewart County, containing about 25 acres.

Mississippi River National Cemetery, In Shelby County, containing about 25 acres.

Nashville National Cemetery (on Craighead place, so called), in Davidson County, containing about 64 acres.

Columbia National Cemetery, In Maury County, containing about            acres.

Cumberland Gap National Cemetery, in Claiborne County, containing about 2 acres.

Hazen's Brigade National Cemetery, In Rutherford County, containing about 2 acres.

 

Sec. 2. That the exclusive Jurisdiction over all tracts and parcels of land, with the buildings and appurtenances belonging to the same Including the quarters for Officers, Keepers, Guards or Soldiers In charge of the same, and the premises connected therewith, now or at any time hereafter purchased, used or occupied by the United States, their Officers or Agents, for Cemeteries or burial places within the limits of this State, Is hereby ceded to the United States, and whenever such premises shall be no longer required, used or occupied by the United States, the Jurisdiction of such abandoned property may revert to the State of Tennessee.

 

Sec. 3. The property over which Jurisdiction Is ceded herein shall be held exonerated and free from any taxation, or assessment under the authority of this State or of any municipality therein, until the Jurisdiction shall have reverted, and the title and possession to said cemeteries, grounds, buildings and appurtenances shall be protected to the United States, and no process of any court shall be permitted against the same, or to dispossess the Officers or Agents of the United States, thereof, without restricting any Just claim for damages or value, In the form or mode provided by the United States for prosecuting the same.

 

Sec 4. That any malicious, wilful, reckless or voluntary Injury to, or mutilation of the graves, monuments, fences, shrubbery, ornaments, walks or buildings of any of said Cemeteries or burial places or appurtenances, shall subject the offender or offenders, each, to a fine of not less than twenty dollars, to which may be added, for an aggravated offense, imprisonment not exceeding six months In the County .Tall or Work-house, to be prosecuted before any Court of competent Jurisdiction.

 

Sec. 5. That this act shall take effect and be In force from and after its passage.    (Passed Mar. 9, 1867.   Code of Tenn., 1884, sec. 72.)

 

ANDREW  JOHNSON   NATIONAL CEMETERY.

This reservation is situated near Greeneville, in Greene County, and contains an area of about 15 acres.

Title.—Deed from Joseph H. Bachman, dated December 24, 1906, conveying the entire tract, reserving an easement for certain graves adjacent to monument to Andrew Johnson. Recorded in book 82, page 85. of the deed records of Greene County.

Jurisdiction.—See act of March 9,1867, page 378, ante.

CHATTANOOGA  NATIONAL CEMETERY.

This reservation is situated at Chattanooga, Hamilton County, and contains an area of 129.53 acres, about 75 acres of which are inclosed. The cemetery was founded by order of Maj. Gen. George H. Thomas, December 25, 1863, in commemoration of the Battle of Chattanooga, fought November 23, 24, 25, 26, and 27, and to provide a proper resting place for the remains of the brave men who fell in said battle, and for the remains of such as should thereafter give up their livesin that region in the defense of their country. A portion of the lands comprising this reservation, which, although originally acquired for national cemetery purposes, had been used as a military post, was by G. O. 6, A. G. O., February 11, 1884, declared to be a part of the national cemetery.

Title.—1. Deed from Robert M. Hooke, dated July 14, 1870, conveying 48.92 acres of land. Recorded in book T, pages 142 and 143, of the deed records of Hamilton County.

2.Deed from T. G. Montague, dated August 12, 1870, conveying 3 1/3 acres of land (not recorded).

3.Deed from H. F. Parish, dated August 16, 1870, conveying a tract by metes and bounds. Recorded in book T, pages 226 and 227, of same records as 1 supra.

4.Decree of condemnation in the district court of the United States for the eastern district of Tennessee, in the case of Joseph Ruohs et al. v. The United States, involving the whole of the lands within said reservation, as follows: Lands owned by Joseph Ruohs, 75.45 acres; lands owned by Robert M. Hooke, 48.92 acres; lands owned by J. R. Slayton, 2.82 acres; and lands owned by the heirs of John Ambler, deceased, 2.34 acres, the whole aggregating 129.53 acres of land. Decree made final February 20,1869, and filed with the record in said cause in the clerk's office of said court at Knoxville.

By ordinance, dated February 7, 1882, the city of Chattanooga granted to the United States that portion of Montgomery Avenue from its intersection with Market Street, eastwardly to the city limits; also certain land to continue the road to the cemetery.

Easements.—By act of Congress, approved May 1, 1886 (24 Stat., 19), the city of Chattanooga was granted the right to construct a roadway 60 feet in width and about 860 feet in length across the reservation.

By deed dated February 20, 1905, the Secretary of War, pursuant to joint resolution of Congress, approved February 3, 1905 (33 Stat., 1281), turned over to Troop B, Unattached Cavalry, National Guard of Tennessee, that portion of the cemetery reservation " lying outside of said cemetery and west of the south gate thereof," subject to the limitations and provisions of said joint resolution, including the reservation of the right to use the premises for military purposes.

Lease.—August 11, 1913, to the Tennessee Coffin & Casket Co. of about one-third of an acre, in that portion of the cemetery reservation known as Jackson Park, lying outside of the cemetery inclosure.

Jurisdiction.—Ceded by act of the State legislature passed March 9, 1867, page 378, ante.

 

CHICKAMAUGA  AND CHATTANOOGA   NATIONAL  PARK.

See "Chickamauga and Chattanooga National Park," under Georgia.

 

FORT DONELSON   NATIONAL  CEMETERY.

This reservation is situated at Dover, on the Cumberland River, in Stewart County, and contains an area of 15.34 acres, about 5 acres of which are inclosed.

Title.—Deed from James P. Flood and Nathan Brandon, dated April 23,1867, conveying the above tract. Recorded in book A, page 197, of the deed records of Stewart County.

Jurisdiction.—Ceded by act of the State legislature, approved March 9, 1867, page 378, ante.

 

HAZEN MONUMENT.

This reservation is situated in Rutherford County, near Murfreesboro, between the Nashville, Murfreesboro and Shelbyvllle Turnpike and the Nashville & Chattanooga Railroad, and contains an area of 145 poles of land.

Title.—1. Decree of condemnation for above property in a proceeding entitled R. D. Jamison, administrator, etc., et al. v. J. B. Cowan et al., in the chancery court for Rutherford County; rendered at the October term, 1874. Sale upon decree. Purchased by the United States February 1,1875, and confirmed April 26,1875. Decree, order and report, and confirmation of sale filed with the record in the clerk's office of said court.

2. Deed from J. W. Sparks, clerk and master of the chancery court at Murfreesboro, for Rutherford County, dated May 5, 1875, conveying the property in accordance with above decree. Registered in book 21, page 144, and noted in notebook 2, page 11, of the deed records of Rutherford County.

Jurisdiction.—See act of March 9,1867, page 378, ante.

 

KNOXVILLE NATIONAL CEMETERY.

This reservation is situated at Knoxville, in Knox County, and contains an area of 9.83 acres of land, to which is added a right of way.

Title.—1. Deed from John Damron, dated June 10,1867, conveying 10 acres of land, more or less. Registered in book F, volume 3, page 137, of the deed records of Knox County.

2. Appraisement of above land and decree of court in cause of John Damron v. The United States, rendered May 22, 1867, in the district court of the United States for the eastern district of Tennessee, and filed in the clerk's office of said court at Knoxville.

The right of way from a point in the city of Knoxville to the national cemetery was procured by authority of an act of Congress, approved July 28, 1886 (24 Stat., 159), and title is as follows:

1.Right of way granted January 5, 1886, by the road commissioner of the second district of Knox County.

2.Right of way granted (and jurisdiction to manage, etc.) September 3,1886, by the mayor and aldermen of the city of Knoxville. Ordinance filed in the clerk's office at Knoxville. The validity of this grant has been question as being ultra vires.

Jurisdiction.—Ceded by act of the State legislature, approved March 9, 1867, page 378, ante.

 

MEMPHIS NATIONAL CEMETERY.

This reservation is situated about 7 miles from Memphis, in Shelby County, and contains an area of 43.91 acres, about 37 acres of which are inclosed.

Title — 1. Deed from William Sides, dated February 20,1867, conveying 8 acres of land. Recorded in record book No. 68, page 156, etc., of the deed records of Shelby County.

2.Deed from Augustus Alston, clerk and master in chancery, dated April 8, 1867, conveying 16 acres of land. Recorded in record book No. 68, page 216, etc., of same records.

3.Deed from Coleman Boyd, surviving partner, etc., et al., dated May 23, 1868, conveying 19.91 acres of land.

Jurisdiction.—See act of March 9, 1867, page 378, ante.

 

MILITIA TARGET RANGE.

This range is situated in Knox County and comprises an area of 120.9 acres.

Title.—1. Deed from Harry Godby Tarvin et ux., dated August 10,1907, conveying lot 1, containing 53 acres. Recorded in book 218, page 288, of the deed records of Knox County.

2. Deed from John Cogle Tarvin et ux., dated August 10, 1907, conveying two tracts, aggregating 67.9 acres. Recorded in book 218, page 287, of same records.

NASHVILLE NATIONAL CEMETERY.

This reservation is situated 6 miles north of Nashville, on the Gallatin Turnpike, and 1 1/4, miles from Madison, in Davidson County, and contains an area of 65 acres, about 60.60 acres of which are inclosed.

Title.—1. Deed from Morton B. Howell, clerk and master of the chancery court at Nashville for the county of Davidson, dated July 3, 1866, conveying 45.91 acres of land. Registered in book No. 38, page 648, of the deed records of Davidson County.

2.Decree of condemnation and sale ordered of 17 acres and 156 poles in cause wherein Peter Anderson was plaintiff and McRoberts and McKee defendants, in the chancery court for the county of Davidson, at Nashville. Land purchased by the United States August 11, 1866. Decree, report, and sale confirmed by the chancery court January 19, 1867, and recorded in minute book L, pages 276 to 280, inclusive, in the clerk's office of said court at Nashville.

3.Deed from J. Watts Judson, dated October 17, 1879, conveying 1.50 acres. Registered in book No. 63, pages 360 and 361, of the deed records of Davidson County.

Easement.—By authority of act of Congress approved September 2, 1914 (38 Stat., 777), the Secretary of War, by instrument dated October 10, 1914, granted a permit to the county of Davidson to occupy for public-road purposes the strip of land outside of and adjacent to the wall inclosing the cemetery on the western side thereof.

Revocable license.—November 9,1912, to the Louisville & Nashville Railroad Co. to raise the grade of its tracks through the cemetery and to extend the slopes of the embankment upon the cemetery property.

Jurisdiction.—Ceded by act of the State legislature approved March 9, 1867, page 378, ante.

PITTSBURG LANDING NATIONAL CEMETERY.

This reservation is situated on the Tennessee River at Pittsburg Landing, in Hardin County, and contains an area of 10.05 acres, about 9 acres of which are inclosed.

Title.—Decree of condemnation for the above premises in the cause entitled the United States v. Mary A. Harmon et al., in the United States district court for the district of West Tennessee. Decree rendered January 6, 1869, and filed with the record of said cause in the clerk's office of said court at Memphis.

Jurisdiction.—Ceded by act of the State legislature approved March 9,1867, page 378, ante.

SHILOH NATIONAL CEMETERY.

See " Pittsburg Landing National Cemetery."

SHILOH NATIONAL MILITARY PARK.

This park, situated in Hardin County, near the Tennessee River, was established under authority of an act of Congress, approved December 27, 1894 (28 Stat, 597), being "An act to establish a national military park at the battlefied of Shiloh." It contains 3,546 acres, more or less.

Title.—1. Deed from George W. L. Smith and wife, dated September 28,1896, conveying 85.18 acres of land. Recorded in book Z, page 15, etc., of the deed records of Hardin County.

2.Deed from Samuel Chambers and wife, dated January 2, 1897, conveying 101 acres of land. Recorded in book Z, page 323, etc., of same records.

3.Deed from Thomas Walker, dated January 2, 1897, conveying 206.05 acres.   Recorded in book Z, page 206, etc., of same records.

4.Deed from W. G. Petty and wife, dated April 17. 1897, conveying 206.15 acres.   Recorded in book Z, page 331, etc., or same records.

5.Deed from W. G. Petty and wife, dated April 17, 1897, conveying 204.97 acres of land. Recorded in book Z, page 342, etc., of same records.

6.Deed from P. N. Tilghman and wife, dated April 26,1897, conveying 79.08 acres of land. Recorded in book Z, page 329, etc., of same records.

7.Decree of condemnation of 180.90 acres of land in cause No. 2274, The United States v. W. C. and O. C. Meeks, in the district court of the United States, within and for the eastern division of the western district of Tennessee, in the sixth judicial circuit thereof. Rendered April 27, 1897, and filed with the record in said cause in the clerk's office of said court in the city of Jackson.

8.Deed from Samuel Chambers and wife, dated February 23,1897, conveying 65.11 acres. Recorded in book A A, page 241, etc., of the records of Hardin County.

9.Deed from James J. Fraley and wife, dated August 26, 1897, conveying 160.45 acres. Recorded in book A A, page 65, etc., of same records.

 

10.Deed from James J. Fraley and wife, dated September 11, 1897, conveying 52.52 acres. Recorded in book A A, page 67, etc., of same records.

11.Deed from W. G. Petty and wife, dated November 29, 1897, conveying 151.31 acres. Recorded in book A A, page 243, etc., or same records.

12.Deed from Samuel Chambers and wife, dated December 1, 1897, conveying 385.77 acres. Recorded in book A A, page 247, etc., of same records.

13.Deed from W. A. Rowsey and wife, dated December 1, 1897, conveying 89.65 acres. Recorded in book A A, page 72, etc., of same records.

14.Deed from S. M. Rogers and wife, dated December 13, 1897, conveying 69.81 acres. Recorded in book A A, page 64, etc., of same records.

15.Deed from Samuel Chambers and wife, dated December 29,

1897,    conveying 56.94 acres.   Recorded in book A A, page 365, etc.,

of same records.

16.        Deed from John R. Duncan and wife et al., dated January 8,

1898,    conveying 168.84 acres.   Recorded in book A A, page 245, etc.,

of the same records.

17.Deed from D. H. Cantrell and wife, dated January 8, 1898, conveying 36.28 acres. Recorded in book A A, page 69, of same records.

18.Deed from Geo. H. Hurley and wife, dated January 8, 1898, conveying 43.50 acres. Recorded in book A A, page 71, of same records.

19.Deed from J. W. Lowell and wife, dated January 8, 1898, conveying 37.54 acres. Recorded in book A A, page 63, etc., of same records.

20.Deed from Ervin P. Tillman and wife, dated January 8, 1898, conveying 35.55 acres. Recorded in book A A, page 369, etc., of same records.

21.Deed from F. M. Hagy and wife, dated December 28, 1898, conveying 211.54 acres. Recorded in book B B, page 122, etc., of same records.

22.Deed from W. G. Petty and wife, dated January 7, 1899, conveying 146.59 acres. Recorded in book A A, page 364, of same records.

23.Deed from Samuel Chambers and wife, dated January 7, 1899, conveying 31.20 acres. Recorded in book B B, page 129, etc., or same records.

24.Deed from James W. Bell and wife, dated January 7. 1899. conveying 72.21 acres. Recorded in book A A, page 315, etc., of same records.

25.Deed from Hugh D. Harris and wife, dated January 7, 1899, conveying 1 acre.   Recorded in book A A. page 431, of same records.

26.Deed from A. W. Walker and wife, dated January 9, 1899, conveying 172.60 acres. Recorded in book A A, page 367, of same records.

27.Deed from M. C. McDaniel and wife, dated August 10, 1899, conveying 7.26 acres. Recorded in book B B, page 130, etc., of same records.

28.Deed from Samuel Chambers and wife, dated March 16, 11)03, conveying 2.4 acres. Recorded in book D D, page 230, etc., of same records.

29.Deed from O. H. P. Cantrell and wife, dated July 14, 1903, conveying 75.08 acres. Recorded in book D D, page 251, etc., of same records.30.Deed from D. C. McCulIers and wife, dated July 10, 1903, conveying 86.87 acres. Recorded in book D D, pages 412, et seq., of same records.

31.Deed from William J. Petty and wife, dated November 12, 1903, conveying 100.41 acres. Recorded in book D D, pages 407, et seq., of same records.

32.Deed from O. H. P. Cantrell, dated September 1, 1908, conveying 88.74 acres. Recorded in book H H. page 508, of same records.

33.Decree of the United States district court for the western district of Tennessee, in case of United States v. D. C. McCulIers et all rendered June 8, 1911, covering 52.43 acres.

34.Decree of the United States district court for the western district of Tennessee, in case of United States v. W. E. Morris, rendered June 8, 1911, covering 13.11 acres.

35.Deed from W. C. Meeks et al., dated June 8, 1911, conveying two tracts of land, one containing 22 acres and the other 10.08 acres. Recorded in book K K, pages 542 et sek., of same records.

36.Deed from H. Abernathy, dated January 27, 1911, conveying 3.57 acres.   Recorded in book K K, pages 461-462, of same records.

37.Deed from G. H. Hurley and wife, dated February 28, 1911, conveying 4.83 acres. Recorded in book K K, pages 462-463, of same records.

38.Deed from J. P. Cantrell and wife, dated February 1, 1911, conveying two tracts of land, one containing 11.67 acres and the other 4 acres.   Recorded in book K K, pages 457 et seq., of same records.

39.Deed from E. R. Underhill and wife, dated February 2, 1911. conveying 10.95 acres. Recorded in book K K, pages 540-541, of same records.

40.Deed from Samuel Chambers and wife, dated February 20. 1911, conveying 1 acre. Recorded in book K K, pages 541-542, of same records.

41.Quitclaim deed from I. W. Phillips et al., dated August 1,1911, to two tracts of land conveyed by No. 35, supra. Recorded in book L L, pages 37-39, of same records.

Revocable licenses.—July 31, 1906, to the Tulu Telephone Co., for telephone line through the park.

August 16, 1910, and September 13, 1911, to the Sun Telephone & Telegraph Co., to operate and maintain its existing telephone system, and to construct, operate, and maintain an addition thereto.

Jurisdiction.—Ceded by the act of the State legislature approved April 29, 1895, which provides as follows:

Whereas, The Congress of the United States has by an act, approved December 27, 1894, appropriated seventy-five thousand dollars for the purchase of the battle-field of Shiloh, In the State of Tennessee, and for beginning the establishment of a National Military Park thereon, where the history of all military organizations engaged in that battle is to be impartially preserved by tablets and monuments, and where all the States which had troops in the engagement are to have equal rights and recognition:

Section 1. Be it enacted, etc., That upon the acquisition of title by the United States, through the payment of such sum as may be agreed upon with the respective owners, or fixed by the decree of any court which may have proper and legal jurisdiction of the matter, the jurisdiction of the State of Tennessee over the said tract thus acquired, its lands and roads, is hereby ceded to the United States for the purposes set forth in said Act of Congress, approved December 27th, 1894, establishing the said Shiloh National Military Park—that is to say, over a tract situated In Hardin County, or in Hardin and McNalry Counties, in the State of Tennessee, or over so much thereof as the Commissioners of the park may deem necessary to acquire, to wit: Beginning at low-water mark on the north bank of Snake Creek, where it empties into the Tennessee River; thence westwardly in a straight line to the point where the river road to Crump's Landing, Tennessee, crosses Snake Creek; thence along the channel of Snake Creek and Owl Creek; thence along the channel of Snake Creek to Owl Creek; thence along the channel of Owl Creek to the crossing of the road from Hamburg to Purdy; thence southwardly in a straight line to the intersection of an east and west line drawn from the point where the road to Hamburg, Tennessee, crosses Lick Creek, near the mouth of the latter; thence eastward along the said east and west line to the point where the Hamburg road crosses Lick Creek; thence along the channel of Lick Creek to the Tennessee River; thence along the low-water mark of the Tennessee River to the point of beginning, and such other lands contiguous thereto as the said park commissioners may consider it necessary to acquire: Provided, That this cession is upon the express condition that the State of Tennessee shall so far retain a concurrent jurisdiction over said lands and roads, as that all civil and criminal processes issued under the authority of the State of Tennessee may be executed thereon in like manner as if this act had not been passed.

Sec. 2. Be it enacted, etc., That this Act shall take effect from and after its passage, the public welfare requiring it.    (Acts of Tenn., 1895, p. 117.)

STONES  RIVER  NATIONAL CEMETERY.

This reservation is situated about 3 miles from Murfreesboro, in Rutherford County, and contains an area of 20.10 acres of land, about 18.45 acres inclosed.

Title.—1. Deed from James M. Tompkins, clerk and master of the chancery court for Rutherford County, dated July 10, 1868, conveying 7 acres and 69 poles of land. Recorded in book No. 16, pages 30 and 31, of the deed records of Rutherford County.

2.Deed from James M. Tompkins, dated February 10, 1868, conveying 8 acres and 105 poles of land. Recorded in book No. 15, page 357, of same records.

3.Deed from James M. Tompkins, dated August 10, 1868, conveying 4 acres of land. Recorded in book 16, pages 31 and 32, of same records.

  Jurisdiction.—Ceded by act of the State legislature approved March 9,1867, page 378, ante.

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