The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1910-08-02
the LeE STATUE.

For some time there has been a
considerable talk in certain circles be-
cause the statue Of General r. E. Lee,
: in Confederate uniform, was placed
in Statuary Hallat the National capt
stol. 4 Grand Army uosts in various
parts OF the country protested and the
matter was discussed pro and con gem
5Eerally. Finally the question came be-
fore Attorney General Wickersham
< fora decision and after examining the
X act OF Congress making provision for
each State at the invitation OF the
President to provide and furnish stat.
,ues In marble or bronze, not to exceed
two, the Attorney General found no
restrictions on the States in the mat;
ter OF their choice neither was any.
thing said In the act concerning the
costume In which q statue shall be
depleted. Not only on legal grounds
does Mr.. Wlckersham find no reason
q why the Lee statue should not remain
in the capitol but he thinks there Is
no ethical reason for excluding 1t. In
Z his opinion based on the legal and
4 ethical phases of the controversy, Mr..
Wickersham writes:
cit is now forty-five years since the
civil war closed. Robert b. Lee has
come to be generally regarded as typi-
flying not only all that was best in the
cause to which, at the behest Of his
native State, he gave his services, but
z also the most loyal and unmurmuring
acceptance OF the complete overthrow
of that cause"
In "a speech the Attorney.General
says further: Is
..The act of July 2, 1854, authorizes
the President to invite each and all
the States to provide and furnish stat
ues In marble or bronze, not exceeding
two in number for each State, Of de-
ceased persons who have been citi-
zens thereof and fillustrious for their
historic renown or from distinguished
civic or militaryaseryices such as each
State shall deem to be worthy of this
national ommemoration:'
at is probably true that when this
act was passed Congress did not con.
template that, any State would desig-
nate one or more of Its citizens who
were then engaged in warlike rebel
lion against the Government Of the
United States as persons 'illustrious
for their historic renown or for dis.
tinguished civic or military services,
whose statutes should be placed in
this hall. Nevertheless, perhaps in
the hope that, what Mr.. Lincoln so fit.
tingly described as this scourge of
war might soon pass away and that a
reunited country might be realized,
Congress placed no limitation in the
act upon the exercise Of the discretion
of any State in selecting these per.
sons whom 1t may deem worthy of this
national 2commemoration.
81 ""That the State OF Virginia should
designate him as one illustrious for
distinguished military services Is
therefore natural; that his statue
should be. clothed In the Confederate
uniform, thus eloquently testlfying to
the fact that a magnanimous country
has completely forgiven an unsuccess
full effort to destroy the Union, and
that that statue should be accepted
in the National Statuary Hall as the
symbol1of the acceptance without mis-
giyings Of complete surrender and
asrenewed loyalty, should surely pro
woke no opposition.
"But at all events, independently o.
the question of taste, the act Of Con
gress places no restriction upon the
designation by the States OF those
whom they may desire to honor In
this way, nor does It vest in any off
cial any censorship concerning the des
ignation OF the costume in which
4 statue shall be depicted.
Therefore, under the existing law
m am of the opinion that no objection
can be lawfully made to the placing
in Statuary Hall or the National Capt.
tol OF a statue of Robert E. Lee, cloth
ed in the Confederate uniform. :