The Richmond Virginian. (Richmond, Va.) 1910-1920, 1910-08-01
STATUE OF GEN. LEE
WILL REMAIN IN HALL
President Approves Decision of Attorney General Wickerham
Who Declares Lee "Typfes All That is Best.

BEVERLY, MASS, Aug 1,-Presi
dent Taft has approved without COM
ment an opinion by Attorney General
Wickersham to the effect that here
is no provision OF law by which the
status OF Gen. Robert z Lee in Con-
federate uniform. can be removed from
Statuary Hall. in the capitol at Wash
ington.
In addition to deciding the question
on q purely legal basis. MIR. Wicker
sham argues the matter from an ethi-
cal point of View, declaring that Lee
has come to be regarded as IMPLYING
all that was best In the cause to which
he gave his services end the most
loyal and unmurmuring acceptance OF
the complete overthrow OF that cause.
That the state OF Virginia should desig
nate him for a place in Statuary Hall
as one illustrious for distinguished mil
itary service, the Attorney General de-
clares. is but natural and warranted
under the reading of the law.
Mir Wickersham's opinion Was call
ed forth by protests to the President
from the Department OF New York
Grand Army OF the Republic In his
opinion. addressed 70 and approved by
the President. the Attorney General
says:
~ have read the resolutions adopted
by the Department of New York, GRIND
Army of the Republic. at Syracuse on
June ~ and the communications Of
Hon. james Tanner with respect 10
them.
Law in Case.
The act OF July ., 1864 referred
to. provides for the creation Of suit
"a nd FrN tI., "a
hall Of the House Of Representative
for the reception and protection Of sta
tuary, which II to be under the super
vision and direction of the chief OF en-
gineers in charge of public buildings
and grounds, and the statute authorizes
the President to invite each and all
the states TO provide and furnish sta
tues IN marble Or bronze. not exceeding
two In number for each state. of de-
ceased persons who have been citizens
thereof and illustrious for their his
toric renown or from distinguished civ
tc or military services, sueh as each
state shall deem to be worthy of this
national commemoration; and when go
furnished the same shall be placed in
the old hall Of the House OF Represen-
tatives in the Capitol of the United
States. which is set apart. or so much
thereof as may be necessary. as ma
tional statuary han for the purposes
herein indicated"
ut Is probably true" continues the
attorneygeneral. that when this act
was passed congress. did not contem-
plate that any State would designate
one or more of its citizens who were
then engaged IN warlike rebellion
against the government of the United
States as persons illustrious for their
historic renown or for distinguished
civic or military services whose
statues should be placed in this bill
Nevertheless, perhaps in the hope that,
what Mr. Lincoln so iittingIy describ-
ed as this scourge of war might soon
pass away, and that a reunited coun-
try might be realized, congress placed
no limitation in the act upon the
States in selecting these persons
whom 1t may deem to be worthy Of
this national commemoration
States Rights.
1t is now As years since the civil
war closed Robert f. Lee has come
to be generally regarded as IMPLYING
not only all that was best in the
cause to which, at the behest Of his
native State. he gave his services, but
also the most loyal and unmumuring
acceptance of the complete overthrow
OF that cause. That the State of Vir-
ginia should designate him as one
illustrious for distinguished military
service is, therefore. natural; that his
statue should be clothed in the Con-
federate uniform thus .eloquently tes-
trying to the fact that a magnani-
NOUS country has completely forgiven
an unsuccessful effort to destroy the
Union. and that that statue should
be accepted in the National Statuary
Hall as the symbol of the acceptance
without ffiisgfrings. Of complete
surrender and g. renewed loyalty,
should surely porvoke no opposition.
But at all events. independently
of the Question of taste, the act of
congress places no restriction upon
the designation by the State of those
who they may desire to honor in this
way, nor does IL vest in any official
any censorship concerning the desig-
nation of the costume In which the
State shall be depicted.
Therefore. under the existing law.
I am OF the opinion that no objection
can be lawfully made to the placing
in Statuary Hall of the National Capt.
tol of a statue of Robert e. Lee,
clothed in the Confederate uniform"
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