The gold leaf. [volume] (Henderson, N.C.) 1881-1911, 1910-08-11
Lee Statue Will Remain.
Attorney General Wickersha m Rem
ders Opinion on Lee Statue.


Nothing in Law Creating Statu.
ary Hall in the National Cap
itol by Which Ehgy o
Southern Chieftain May b.
Barred Out High Tribute
Paid to Gen. Lee in Which
1t is Declared Natural and
Fitting That He Should bt
Honored in Confederate
Uniform - President Taft
Expresses Approval of the
Decision.
Beverly, July 31.-Presidr,rt TAFT
| has approved, without comment, al
! opinion by Attorney General Wicker
sham To the effect that there is rt
/ provision of law hy which the stat Ut
of General Robert E Ice, in Conied
crate uniform, can he removed from
! Statuhry Hall in the capitol nl
/ Wushlngi ON.
In addition TO deciding the question
on IL purely legal basis, Mr. Wicker
sham argues the matter from III
/ ethical point of view, declaring that
Lee has come to be regarded as typi
flying all that was best in the cause
to which he gave his services and the
most loyal and unmurmuring accept
ance of the complete overthrow o
that cause. That the State of Vir
ginia should designate him for that
place in Statuary Hall as one illustri-
Gus for distinguished military service
the Attorney General declares. is only
natural and would be under the read
J ing of the law.
Called Forth by q. A Z. Protests.
Mr.. 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 to and approved
10y the President, Attorney Genera
WickershAm says:
Il have read the resolutions adopt
ed by the department of New York
Grand Army of the Republic, at tSyra
cuse, on June %, and the commnui
cations OF Hon. James Tanner with
respect to them. The act of July 2
1864, referred to, provides for the
creation of a suitable structure and
ratings in the old hall of the Hous,
of Representatives, for the reception
and the protection of statuary, which
is to be under the supervision anC
direction of the chief of engineers il
charge of public buildings anC
grounds and the statute authorizes
the President to invite each and al
the States to provide and furnish
statues in marble or bronze, not ex
ceeding two in number, from eacl
State, of persons who have been citi
zens thereof, and illustrious for thei
historic renown from distinguished
civic or military services, such a.
each State shall deem to be worth,
of this national commemoratiOn
and when so furnished the same shall
be placed in the old hall of the Hous'
of Representatives,, in the capitol o
the United States, which is set aside
or as much thereof rs may be neces
sary, for d national Statuary Hall TO
the purpose herein indicated.
No Limitation In Act.
'It is probably true" continues th'
Attorney General, "that when thi
act was passed, Congress did not con
template that any State would desig
nate one or more of its ci LIENS wht
were then engaged in warlike rebel
lion against the government Of tn
United States as persons 'illustriOu
for their historic renown or for dis
tinguished civic OF military services
whose statue should be placed in thi
hall.
Nevertheless, perhaps, in the hop
of what Mr.. Lincoln so firmly de
scribed as this scourge of war nigh
soon pass away and that a reunite,
country might be realized, Congress
placed no limitation in the act upOl
the exercise of the discretion OF an
{ State in the selecting these person
whom it may deem to be worthy c
this national commemoratiOn.
''It is now 45 years since the civ
war closed. Robert E. Lee has com
to be generally regarded as typifyin
not only all that was best in th
! cause to which, at the behest of hi
native State, he gave his services, hu
also the most loyal and unmurmul
! ing acceptance of the complete over
throw OF that cause.
Natural for Virginia to Name Lee.
"That the State of Virginia shoul
designate him as one illustrious 70
) distinguished military service is there
fore natural; that his statue shoul
{ be clothed in the Confederate unifOrr
thus elOquently testifying to the fac
{ that a magnanimous country ha
completely forgiven an unsuccessful
! effort to destroy the Union and tina
! statue should be accepted in the na
: tional Statuary Halla as the symbol c
! the acceptance without misgiving:
of a complete surrender and a renew
ed loyalty, should surely provoke n
opposition. But, at all events. indt
pendently OF the question of taste
the act OF Congress places no restri(
tion upon the designation OF tn
States of those whom they may dt
sire to honor in this way, nor does
vest in any official any CENSORSHIP
! concerning the designation of th
, costume in which that statue sha
/ be depicted.
Therefore, under the existing Law
!. | am OF the opinion that no objectio
= can be lawfully made to the placin
III Statuary Hall OF the national cap
= tol OF statue of Robert f. LIE,
c clothed in the Confederate uniform.