ERECTING NEW CSA MEMORIALS: GUIDANCE FOR DO IT THE RIGHT WAY

Since the 2017 "Unite the Right" rally in Charlottesville, S.C. incident involving members of the SCV and the opposition. One-hundred and ten CSA memorials have been removed from in the South since then; seventy-three alone since 2021. Despite a few honorable civil officials in local and state governments who have decided to allow monuments to remain as symbols of history and a reminder of their significance. The opposition continues with their delusional and misguided attacks on American history. Several attempts to save CSA monuments that a majority belong to the United Daughters of the Confederacy via state-by-state legislation have failed or died in committee. However, SCV Camps across the confederacy have found a new way to erect new memorials and cenotaphs as replacements for the ones that have been taken. Most have been placed on empty plots in cemeteries that have Confederate Veterans interred within their grounds and are designated as private property where local and state laws are extremely limited when it comes to their removal. But there is a right way to do it while being respectful.

PROPER PLANNING: Each memorial is dedicated to a specific unit or Confederate hero who has local significance due to either a familiar connection or local history, as well as differences in artistry. Still, the fact remains that several organizations get involved as it does take tens of thousands of dollars and years of fundraising to accomplish. Fostering cooperation and open communications is key when several heritage organizations and their respective chapters are involved. Remember, donors have the right to limit what organizations can do with their donations and can insist on being updated on the progress of the project. This is generally stated in a signed written agreement or letter between the donor and the heritage group that is the principal of the project.

PUT IT IN WRITING: If the monument is being placed on land that is being donated and the title is not transferred to the heritage group, a written agreement should be strongly advised. Most heritage groups have legal experts to facilitate this, should it become an obstacle. The written agreement should only designate what the land is being used for and only for its intended purpose. In the State of Texas, verbal agreements are considered a contractual arrangement, however, they can easily be challenged and can be overturned by judicial authority in property court or by local civil legislative powers. Written agreements, depending on the way they are drafted, can be ironclad. A Cemetery Association whose members work collectively to maintain the cemetery as a whole, also have full parliamentary rights granted to them by the associations ' bylaws and Roberts Rules of Order.

   If said Cemetery Association votes to withdraw from any signed written agreements and dissolve any cooperative projects, Texas State Laws and property courts generally will side with whoever is the deeded owner of the property. However, if all mutual respect, cooperation, and communications have been properly maintained throughout the stages. Then the project will come to its function.

TEXAS CEMETRY LAWS: Texas Health and Safety Code, Chapter 711 states that cemeteries in the State of Texas are considered private property but must have open access during daylight hours for the descendants of those buried within their grounds. Texas cemetery laws do not restrict or invalidate a decedent's right to maintain the graves of their ancestors. If certain items such as flags, or markers are placed on the graves of a family's ancestor without their permission, the family reserves the right to have them removed. It is always proper etiquette and legal to have the family's permission when placing a marker or conducting a memorial at the cemetery.

The Sons of Confederate Veterans, Texas Society Order of Confederate Rose, Inc., and the Military Order of the Stars and Bars camps and chapter make it a general policy to always seek permission beforehand when installing Iron Crosses of Remembrance or flagging cemeteries.

OPPOSITIONAL UPRISING: With anything that has to do with Confederate, the opposition is inevitably going to rear its many heads like the hydra and make attacks on different fronts. The Court of Public Opinion has been a heavy influence in matters of local civil legislation at the city and or county level. We all know that members of the opposition will use blatant lies, and half-truths based on secondhand knowledge to influence the decisions of civil officials and the mass portion of the local population. But when it comes to erecting monuments in cemeteries, generally they have little to no rights, except for their first amendments. In the State of Texas, State laws supersede local city & county mandates, ordinances, codes, and laws in the event of a legal conflict.

Unless a member of the opposition has an ancestor buried in the cemetery, the same laws that allow SCV, MOS&B, & TSOCR members to maintain the graves of their ancestors also apply to them. If they also happen to a member of a Cemetery Association whose members work collectively to maintain the cemetery as a whole, they also have full parliamentary rights granted to them by the associations ' bylaws and Roberts Rules of Order.

IN CONCLUSION: One should never take this undertaking lightly, half-cocked or with half-baked plans. Respecting the rights of your donors, and the rights of the family whose ancestors are interred within the cemetery grounds is critical. It is always best to have a carefully crafted written agreement among all parties to avoid any potential legal matters that could arise. When properly organized, planned, and executed, as well as fostering cooperation and open communications, the placement of newer CSA memorials in cemeteries should have fewer obstacles.