OF MONUMENTS“ AND MEN” By M. Kelly Tillery he Fifth Circuit Court of Appeals, sitting in New Orleans, recently ruled that the City of New Orleans T may remove from prominent public display long- standing statues of Confederate States of America President Jefferson Davis and Confederate Generals Robert E. Lee and Pierre Gustave Touton Beauregard. I rode by those statues on my way On July 9, 1776, the first public to school every day for 13 years, reading of the Declaration of often wondering why the city so Independence in New York City honored racist traitors. My father, a inspired the citizenry to pull down lawyer, Civil War buff, and grandson the equestrian statue of King George of a Confederate cavalry veteran, III in Bowling Green. It had been tried to explain that it was just “part commissioned and erected only six of our heritage.” years earlier to commemorate the I did not buy that then and still king’s “beneficence” in repealing the do not. Stamp Act. The irony of honoring an IN THE BEGINNING… unelected monarch for repealing his own onerous enactment in the face Americans have a legacy of of potential rebellion was never lost removing statuary of detested on the incipient patriots. Made of leaders, a legacy that began even lead, the decapitated remains were before the Republic was formed. converted into 42,088 musket balls 30 the philadelphia lawyer Fall 2017 that the Continental Army soon put to good use against the “accomplishments,” “character” or “greatness,” but rather, real King George’s Redcoats in the name of liberty. Recycling precisely the opposite. at its earliest and best. COMMEMORATE WHAT AND WHY? Curiously, a new replica of that statue, produced by Studio EIS of Brooklyn, serves as the centerpiece of a historical Modern, transparent, inclusive bodies tasked with tableau at our new Museum of the American Revolution considering removal, whether they be private, academic or which opened on April 19, 2017. governmental, all wrestle with the same question – by what In the earliest known removal of a Confederate name, in standards or criteria do we judge existing monuments erected 1862, “Jefferson Davis” was removed by Lincoln’s Department in the past, most often by and for persons who no longer exist. of the Interior from the granite memorial honoring the builders Before addressing the criteria by which we might determine of the Union Arch Bridge, an engineering marvel and part of whether any monument should be removed, we should first be the Washington Aqueduct. clear on why such monuments were erected in the first place STATUE TOPPLINGS and continue to be maintained and what present purposes, if any, they purport to and actually serve. Repugnant public statues have often been toppled rather First, let us limit this inquiry to monuments owned and suddenly and unceremoniously throughout history. Most such maintained by governmental entities on public display on topplings have been conducted by either revolutionary mobs, public land. If you desired to erect a statute of Hitler in the victorious opponents in war or new leaders erasing evidence privacy of your backyard, not visible to the public, while of their predecessors. Modern monument removals, however, appalling, public outcry for removal would probably be are different – most often the result of a deliberate, thoughtful, limited. democratic process having the noble goal of preserving history Second, we are apparently a people obsessed with while not honoring the archaic and reprehensible. monuments. There are 1,328 on the Gettysburg Battlefield. Some argue that monument removals are an effort to rewrite, The Pennsylvania Historical and Museum Commission conceal or erase our history or heritage. On the contrary, Historical Marker program receives more than 50 applications removal advocates fully intend that no one ever forget the annually, though it approves only about one-third of them. At subjects, their acts or the events. With, of course, a different present, there are more than 2,000 such markers throughout focus. They are not to be remembered or honored for their our 67 counties. Philadelphia tops the list with 244. My 32 the philadelphia lawyer Fall 2017 In the not so distant past, large public statues and monuments were erected to educate and remind the citizenry of great men, accomplishments and events. personal favorite is a privately placed percent television access, more than funding, and placed on city-owned plaque on a Society Hill building which 1,300 daily newspapers and more park land. On the pedestal is engraved: reads: “On this site in 1897 absolutely than 1,000,000 new books published “His name is enshrined in the hearts nothing happened”. annually, every citizen now has ready of the people for whom he suffered, Third, these are admittedly political, access to facts and figures about any and his deeds are forever wedded not legal, decisions. As the Fifth person, accomplishment or event worth to immortality.” Jefferson Davis’ Circuit observed: noting for any reason, good or bad. “character” and his “deeds”? Really? Thus, the need for such public erections Where do I start? “Finally, we note the limited is not what it once was. The P.G.T. Beauregard Equestrian scope of our judicial review. THE CRESCENT CITY FOUR Statue was dedicated in 1915 and may We do not pass on the wisdom present a more difficult case. While of this local legislature’s policy The New Orleans Robert E. the “Little Creole” was a prominent determination, nor do we suggest Lee Monument was dedicated on Confederate general and commanded how states and their respective Washington’s Birthday in 1884. In the attack on Fort Sumter that started political subdivisions should attendance were Jefferson Davis and the Civil War, he was also, in the or should not memorialize, P.G.T. Beauregard themselves, as well post-war era, a powerful and effective preserve, and acknowledge their as thousands of Confederate veterans. advocate for reconciliation. Perhaps it distinct histories. Wise or unwise, The New York Times noted the irony would be different if Beauregard were the ultimate determination made calling Lee “the greatest of those not dressed in full CSA General regalia here, by all accounts, followed who drew his sword to destroy what and sword, astride his war horse. The a robust democratic process.” Washington created.” An 1877 city Beauregard Monument Association, Monumental Task Committee, ordinance stated that the grounds were a private group, raised most of the Inc. v. Chao, No. 16-30107, “dedicated to the memory of General necessary funds, but the city and state March 8, 2017. Robert E. Lee.” Although funded, also contributed, and the City Park erected, and donated to the city by the Commission donated the land. Most statues or monuments were/ private Robert E. Lee Monumental A fourth, the “Battle of Liberty are erected to “commemorate” and/or Association, it was placed on city- Place” monument, the subject of a “celebrate” a notable person, action or owned park property and maintained separate, subsequent court decision, event. Note the relevant definitions: by the city. is probably the easiest to evaluate “MONUMENT” Without a 16-foot-5-inch-tall statue for potential removal. New Orleans on a 60-foot-tall pillar, does anyone Mayor Mitch Landrieu has called it “A structure, edifice or erection really think we might have forgotten “the most offensive.” The 35-foot-tall intended to commemorate a notable the man who dishonored his oath, obelisk was erected by the city in 1891 person, action or event. turned traitor on his nation and led a and placed prominently at the foot of OED, Vol. XI, p. 1045, Def. 4a war machine for four years to destroy Canal Street, to commemorate the “COMMEMORATE” the Union and save slavery? Bobby three-day traitorous, racially-motivated Lee, as Lincoln often called him, was 1874 insurrection by the Crescent City “To call to remembrance, or preserve not a one-hit wonder. White League paramilitary against in memory, by some solemnity or The Jefferson Davis Monument city police and state militia of the celebration.” was dedicated in 1908 with prominent Reconstruction state government. And OED, Vol. III, p. 545, Def. 2 Kentucky lawyer and former C.S.A. the City went further in 1932, adding “CELEBRATE” Lt. Bennett H. Young, the principal a plaque praising the battle’s role in re- speaker, claiming that the monument establishing “white supremacy.” “To speak the praises of, extol, would “speak through coming ages to Removed due to road construction publish the fame of.” the world of the Southland’s love and in 1989, it remained “in storage” OED, Vol. II, p. 1018, Def. 5 appreciation of the life and character until 1993, when David Duke, former In the not so distant past, large public of Jefferson Davis.” Young was the Grand Wizard of the KKK, sued for statues and monuments were erected post-war leader of the “Lost Cause” its return. In compromise, the city to educate and remind the citizenry movement. The Davis statue was returned it to public display, but to an of great men, accomplishments and paid for and erected, in part, by the obscure location in a curve in Iberville events. In the current era of 90 percent private Jefferson Davis Monumental Street, between railroad tracks and the literacy, 84 percent internet access, 96 Association, but also with some state entrance to a parking garage. The city the philadelphia lawyer Fall 2017 33 replaced the 1932 plaque with one commemorating police inclusion. Yet, despite this, it remains one of our most racially casualties, some of whom were African-American. divided cities. As is often said, “it is a great city to be from Davis, Lee and Beauregard were traitors who fought a war and to visit, but not to live in.” But the perfect crucible for killing 750,000 and maiming twice as many to maintain and forging new ideas.