Bill Introduced to Protect Historic African-American Cemeteries from Destruction by P3 Highway Projects
Legislation has been introduced in the Maryland Senate and House of Delegates by Senator Susan Lee (D-16) and Delegate Sara Love (D-16) that would protect Morningstar Moses Cemetery and Hall (MMC) in Cabin John, Montgomery County, from destruction by the proposed widening of the Capital Beltway as part of the I-495/I-270 toll-lane project. The companion bills are Senate Bill 960 and House Bill 1373, “Public Private Partnerships-Cultural Preservation.”
The MMC is in the African American community of Gibson Grove, which was established by formerly enslaved people in the 1880’s. Project maps show some graves and parts of the Moses Hall Foundation are within the “Limits of Disturbance” of the proposed highway construction. The Maryland Historical Trust has determined that the MMC is historically significant and would be adversely affected by the widening of the Capital Beltway under the proposed I-495/I-270 toll-lane P3. Descendants, community members, and preservationists are trying to protect these important historic sites.
If enacted, the bill would prohibit the Maryland Department of Transportation (MDOT) from acquiring a right-of-way or exercising eminent domain for a highway project that adversely affects such sites unless the General Assembly approves the development of the project.
A Phase Developer has been selected by MDOT to begin pre-development work on Phase 1 of the P3. The Moses Hall and Cemetery are in the path of Phase 1. If the bill passes, it would create one more obstacle to the implementation of Phase 1. It would not only protect African American cemeteries and cultural sites from destruction that would result from the highway widening, but could also hinder the progress of the P3.
Map of Proposed Construction Zone
The bill is currently in the Rules Committees of both the House and Senate. When one or both committees take action to refer the bill to a standing committee for consideration, we will provide an update in our newsletter. We will include contact information so you can write the committee chairs and members to express support for the bill, request a hearing, and a favorable report on the bill to the full House and Senate.
Early History of the Moses Hall and Cemetery
Morningstar Tabernacle No. 88, the official name of the Morningstar Moses Cemetery and Hall, is a chapter of the Order of Moses. The Order of Moses was a Post-Civil War benevolent society set up by formerly enslaved individuals, which used membership dues to provide financial help, burials, and social support to African Americans during segregation.
The cemetery was established in 1885; there were over 70 burials between1894-1977. Moses Hall, a small lodge that hosted chapter meetings and community social gatherings adjoins the cemetery, and remains of the Hall’s foundation are still evident. The Gibson Grove church was formally established in 1898 on adjacent land. The church has been unused since a 2004 fire.
Construction of the Beltway Divided the Community
The Capital Beltway was built through Gibson Grove in the early 1960’s, dividing the Moses Cemetery and Hall from the Gibson Grove Church -- now located on opposite sides of the Beltway. The original construction of the Beltway divided the community; the proposed widening with four additional toll lanes under the I-495/I-270 P3 would have dire consequences.
It threatens further encroachment on this historic African-American community, the cemetery and burial grounds, and the perpetration of another racial injustice at a time when the pursuit of environmental justice is a top national priority.
Members of Maryland’s Congressional Delegation sent a letter to the Federal Highway Administration urging them to avoid physical impacts to the cemetery, hall, and church. The letter expressed concern that with a P3, the details of many design decisions would be in the hands of the private sector. The legislators wrote “…we risk once again committing the error of building roads without regard to the historic, cultural, and social values of vulnerable communities…”
State officials say they are trying to avoid the cemetery altogether but will reduce the impact if that is necessary. The State Highway Administration (SHA) archaeologist said the State tries to minimize damage to historical sites, but if that’s not possible will “mitigate” the impact, for example, by installing a historical marker.