RICHMOND, Va. — A Richmond Circuit Court judge ruled in favor of the City of Richmond in a lawsuit that moves the city one step closer to being able to remove the statue of Confederate General A.P. Hill at the intersection of Hermitage and Laburnum — the last standing Confederate monument in the city.
While the other statues were removed (by protestors or contractors), the city required circuit court approval to move the Hill statue because his remains were put there in 1891.
While descendants of Hill said they did not oppose the plan to send Hill's body to the Fairview Cemetery in Culpeper, where he is originally from, they challenged city's plan in court to give the statue and pedestal to the Black History Museum, as has been done with the other Confederate statues.
The family argued the site was a cemetery and the statue was a grave marker, making it personal property and giving them final say in its disposition. The family said they wanted to make the statue a cenotaph at the Cedar Mountain Battlefield.
However, the Richmond Circuit Court Judge D. Eugene Cheek, Sr., disagreed with the family's argument and said the city was able to decide.
The descendants said they consider the site to be statue to be a grave marker and their property.
A statue of Hill and his remains have been at the intersection of Hermitage and Laburnum since 1891.
Richmond Mayor Levar Stoney released the following statement after the judge's ruling:
"We’re gratified by Judge Cheek’s ruling. This is the last stand for the Lost Cause in our city. We look forward to a successful conclusion of the legal process, which will allow us to relocate Hill’s remains, remove and transfer the statue to the Black History Museum and, importantly, improve traffic safety at the intersection of Hermitage and Laburnum," said Stoney.
The descendants do have the option to appeal the ruling and city officials said they will not begin the removal process until the legal options have been exhausted.
Most of those around the statue on Wednesday that CBS 6 spoke to were in support of the removal, including one man who said he used to support keeping the statues up.
"I think it's about time. I initially was for the statues remaining for their historical value. But, they sat on it for so long and dithered about it. Finally, events just overtook them and they had to come down for social justice and other reasons," said John Vassar.
"From the context of the historical significance, I think that they needed to take it down. And I understand that they needed to respect that it was remains in this location and to handle that properly. But, it should come down," said Victoria Vanzura.
However, at least one man said he did not want the statue removed and the decision was criticized by groups that have been opposed to the removal of the statues.
"The Virginia Flaggers are disgusted, but certainly not surprised that a judge has refused to block the city's plan to desecrate the grave of a war veteran by digging up the remains of a soldier who made the ultimate sacrifice by giving his life on the field of battle. By refusing the family's reasonable request to move the memorial and his remains to a cemetery of their choosing, and pushing forward with plans to turn them over to the Black History Museum, Stoney is proving what most of us have long known: that his rabid and illegal cultural cleansing has nothing to do with 'unity and inclusion' but is in fact designed to do everything possible to further divide the community by willfully discriminating against a large portion of the population, solely based on hate for a culture and heritage that is different than his own. Despite the fact that poll after poll has shown that the majority of the citizens of the Commonwealth oppose the destruction of historical memorials, democrats seem hell bent on eliminating any trace of the city’s rich history and heritage, in an attempt to appease the small, but howling mob of “social justice” terrorists who demand their removal, and Republicans, who were swept into office last fall on the heels of the riots and monument destruction, have also been complicit by their silence and inaction," said Barry Isenhour with the Virginia Flaggers. "We are reminded of a quote by Confederate Admiral Raphael Semmes... 'live asses will kick at dead lions.”' That certainly appears to be the case in the once great Capital city."
"Very disappointing, but not unexpected," added Andrew Morehead, who has been the funeral director working with the descendants for Hill's reinterment. "The city, this entire term, was trying to exercise their authority under 15.2-1812, the monument legislation. And clearly, the reason the monument was still there in the first place is the city knew it was a different status, because the different situation, because the remains were involved."
Morehead said the site should have been ruled a cemetery and the statue a grave marker, giving final say to the family and added the ruling establishes a 'scary' precedent for locality control. "I just think that we've got a manipulation of law that is not accurate. And it's very disappointing. But, not unexpected, given the current environment in the movement."
Morehead said he will still work with the family on moving Hill's remains when that time comes.
"This will be the fourth, and it is the family's intent that it be the final time, that this man's mortal remains be transported," said Morehead.
3rd District Councilmember Ann-Frances Lambert, who represents the area where the statue is located welcomed the ruling as well — for both contextual and safety reasons.
"I'm very happy that it's gotten to this point. It's been a very patient process, but we're closer to the end and I'm just excited," said Lambert. "It is a two-fold win, because that intersection is one of the most dangerous ones we have here in the city. This is an inherited issue that I received and coming into the seat. But that's been one of the main issues north siders want to see changed, is having the last statue come down here in the city, as well as us having some type of traffic calming measure to decrease all of the accidents that have occurred in that intersection."
Lambert said a final decision has not been made on what the design of the intersection will be.
"Right now, it will probably, definitely be an intersection. But, long term, we're looking at a roundabout, if there's a nice fountain, crosswalks. I would like a big huge crosswalk to be there and with artwork from the students — that's something to be creative in that intersection," said Lambert.
