Burial Places of Confederate Soldiers
and passed March 10, 1864, and thereby repealed, the Governor of that State had made purchase of a suitable lot of ground situated on or near the battle field of Antietam, in Washington County, for the burial and last resting place of the soldiers who fell in that action.
The second section of the act provides that said lot of ground purchased by the Governor as set forth in the foregoing preamble, remain in the State of Maryland in fee simple, in trust for all the States that shall participate as hereinafter provided, and said lots of ground shall be devoted in perpetuity for the purpose of the burial and final resting place of the remains of the soldiers who fell at the battle of Antietam or at other points north of the Potomac River during the invasion of Lee in the summer and fall of 1862, or died thereafter in consequence of wounds received in said battle, or during said invasion.
The third section names four Trustees from the State of Maryland, who with one Trustee from each of the other States to be appointed by the Governor of their respective States, are created a body politic, under the name of the Antietam National Cemetery, to whom shall be conveyed the ground referred to.
The fourth section entrusts the care and management of the ground referred to, solely to said Trustees and it then declares "And it shall be their duty out of the funds that may come into their hands by State appropriations or otherwise, to remove the remains of all the soldiers referred to in the second section of this act, and to have them properly interred in the afore-mentioned ground. The remains of the soldiers of the Confederate Army to be buried in a part of the grounds, separate from those of the Union Army. Also to lay out and enclose said grounds with a good substantial stone wall not less than four feet high or with an iron fence as said Trustees may think best, and to ornament, divide and arrange into suitable plots and burial lots, establish carriage ways, avenues and foot-ways, erect buildings and a monument or monuments and suitable marks to designate the graves and generally to do all things in their judgment necessary and proper to be done to adapt the ground to the -uses for which it has been purchased and set apart."
From this extract it is clear that the use for which the ground was purchased and for which power was given to the Trustees, and appropriations were made by the State of Maryland, was as a burial ground for all who fell on either side with the single provision, "That the remains of the soldiers of the Confederate Army be buried in a part of the grounds separate from those of the Union Army." It is also clear that the same duty rests upon the Board in respect to each of the two classes of fallen soldiers, and that they are instructed to appropriate one part of
Maryland. Board of Trustees of the Antietam National Cemetery
Washington County Free Library
14 x 22 cms
United States--History--Civil War, 1861-1865--Registers of dead--Confederate side.