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IPSWICH — It all began in 2023, when Rachel Meyer found pieces of a historic gravestone belonging to Ipswich’s James Foster (1682-1751) up for sale in an online auction.
Meyer, a former member of the town’s historical commission and the co-founder of Epoch Preservation, has been restoring historic grave markers across New England since 2014.
Finding such a gravestone up for sale was nothing new for Meyer. She sees it all the time. But this case was her tipping point.
She called the New Hampshire auction house and demanded that they return the stone. When they pushed back, Meyer warned that she could contact the police. After all, the laws in New Hampshire are very clear when it comes to the removal and sale of gravestones.
After much back-and-forth, the auction house relented. And earlier this summer, Meyer restored Foster’s grave marker and returned it to its rightful place in Old North Burying Ground.
As that whole affair was playing out, Meyer made another call — this time to Sen. Bruce Tarr’s office.
Gray area
While the New Hampshire laws that govern gravestones are clearly written in black and white, Massachusetts’ laws reside in more of a gray area, Meyer said.
Tarr was very supportive of Meyer’s cause and, with legislative aide Theodore Thomas, drafted some new legislation.
“Rachel Meyer has made a compelling case that grave stones and other similar markers deserve the protection of a specific law to prevent them from being stolen and subsequently sold,” Tarr said in an email.
“These objects are not only important to the loved ones of the person they memorialize, they are also important to the order, dignity, and character of the special places where they are located,” he added.
The proposed legislation — S. 1629, or “An Act Relative to the Theft of Graves” — now sits before the state’s House of Representatives and Senate.
The bill would make it illegal to possess, sell, or transfer memorial structures or related items taken without authorization from cemeteries or burial grounds.
The measure specifically targets gravestones, monuments, and associated features such as fences or railings, especially when individuals know or suspect that the items were unlawfully removed.
According to Meyer, the language of the bill is based on laws in New Hampshire and Maine.
“I’ve never done this before, so I’m sort of flying by the seat of my pants,” she said. “But I did contact every single senator and representative in the state of Massachusetts. There have been hundreds upon hundreds of emails.”
Rallying support
With Tarr as the primary sponsor of the bill, six other lawmakers have joined on as co-sponsors.
They include senators Jacob Oliveira (D-Hampden, Hampshire, and Worcester) and Peter Durant (R-Worcester and Hampshire), and representatives Rodney Elliott (D-16th Middlesex district) and John Marsi (R-6th Worcester District).
Given the current political climate, it’s rare to see such bipartisan support for any legislation. But, Meyer said, “All of the senators and representatives have been super supportive and helpful … I haven’t had a single negative interaction.”
Now, as the bill has sat idle in the State House since July 10, Meyer is working to rally public support for S.1629 and asking that people contact their senators and representatives to push the bill forward.
“People don’t often realize this is an issue,” she said. “But when it’s explained to them, they’re like, ‘Oh, my goodness. Who would want to sell someone’s gravestone? This is a no-brainer.'”
Meyer hopes that the people of Ipswich, who take great pride in preserving their town’s history, will be especially vocal.
“Ipswich is definitely inspired to protect its gravestones,” Meyer said. “Ever since the [COVID] lockdown, more and more people are visiting cemeteries as these sort of public outdoor art spaces or for their own genealogical interests. So now we need to keep a keener eye on things.”
