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Court lets SCV lawsuit proceed over location of monument to Confederate dead Date published: 3/9/2010
By CLINT SCHEMMER The legal fight will continue over a new monument to Confederate dead. Fredericksburg Circuit Judge Gordon F. Willis yesterday declined the city's request that the court dismiss a lawsuit brought by the local camp of the Sons of Confederate Veterans. But Willis urged both parties to try to settle their dispute out of court. At issue is the location of a granite-and-bronze memorial erected last spring by the SCV's Matthew Fontaine Maury Camp No. 1722. It sits on one corner of the grassy triangle at Barton and George streets that is dominated by the much-larger Fredericksburg Area War Memorial. The City Council decided last fall that the SCV monument--dedicated in April during a public ceremony--must move. It enacted an ordinance saying the triangle is the exclusive site of the War Memorial honoring local military personnel killed in World War I, World War II, the Korean War, Vietnam, Iraq and Afghanistan. The multi-columned memorial was designed and donated by the Potomac Region Veterans Council. The SCV's monument honors 51 soldiers from seven Southern states--including three from Virginia--who died here in 1861 and 1862 on garrison duty before the Battle of Fredericksburg. They were buried nearby along Barton Street. By resolution on Nov. 1, 1861, the City Council set aside land there for the soldiers' graves. The Rev. Alfred M. Randolph, pastor of St. George's Episcopal Church, presided over the burials. There is no record that the soldiers' remains were later disinterred. Judge Willis' decision clears the way for the litigation to proceed. But he urged both sides to arbitrate their dispute, relying on a retired judge as a mediator under procedures established by the Virginia Supreme Court. "Before we have a second War of 1812, you might want to consider that," Willis told City Attorney Kathleen Dooley and Patrick McSweeney, attorney for the SCV camp. Calling the dispute "very unfortunate," Dooley told Willis that both city staff and SCV officers were acting in "good faith" as they discussed the building permit that was issued for the Confederate monument. But in granting the permit, city staff exceeded their authority, she said. Only the City Council is empowered under state law to site a war memorial on city property, Dooley said.
should be reminded that no Confederate was hung for treason; he executed his Constitutional right, ?10th amendment? by seceding from the Union. After the war, the Confederate soldier received a pension from the ?U S Government? for his military service. Lastly the U S Government currently provides grave markers for the Confederate dead. This monument is just that, a marker for ?Americans? to be remembered at a place where they lie.
with those realities, this article's particular issue isn't worthy of mention much less time expended by public officials. Get real!
acknowledging the fact that veterans of WW l, WW ll, Korea, Vietnam, Iraq & Afghanistan all fought FOR the U.S.A., while Confederate veterans fought AGAINST the U.S.A.
Only time I ever see him is running his mouth at the local
coffee shop all day
As I understand it, the Confederate Memorial was unveiled four
months before City Council designated the grassy triangle for
the Fredericksburg Area War Memorial. Why do they want to
waste time and money in these critical times with such a
childish issue. Why can't two memorials share that spot. What
harm is done? As for Mr. Ellis, who said: "It may have been well
intended, but it's in the wrong place, and came at the wrong
time.", I don't understand his comment. The memorial was there
first. Let it stay.
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