Group of UNC Alumni Say Pro-Confederate Group Had No Standing in Silent Sam Lawsuit

A group of UNC alumni and donors filed court documents into the lawsuit between the UNC System and a pro-Confederate group on Wednesday, arguing there was no standing for the lawsuit that led to a $2.5 million settlement.

88 alumni of the university, including 14 members of the UNC Black Pioneers, entered a brief to provide information arguing the Sons of Confederate Veterans had no claim to the Confederate monument known as Silent Sam because it was a gift to the university. The United Daughters of the Confederacy, who sold the rights to monument to the SCV, gave the monument to the university in the early 20th century. The SCV filed a lawsuit in November claiming the university system violated North Carolina’s law against the removal of objects of remembrance, with court documents showing UNC System leadership had approved of a settlement before the lawsuit was filed.

But according to an affidavit written by Cecelia Moore, which was filed alongside the UNC alumni’s brief, a deed of gift document or formal agreement between the UDC and university has not been found. In addition, when the UDC failed to raise sufficient funds to construct a monument, university president Francis Venable began his own fundraising to pay for it, even asking for donations during commencement activities during 1911.

In its argument that the SCV did not have standing to file its original lawsuit, the group of UNC alumni alleges the university had the rights to the monument, not the Confederate groups. The brief also argues even if determined as a gift, the Confederate monument had no conditions attached to its display on campus, leaving its future to the university’s disposal.

Moore served as the project manager of former chancellor Carol Folt’s task force on university history starting in 2015 before doing further research into the Confederate monument in June 2019. Many documents Moore archived, which were compiled into a UNC Libraries website, were used in the original lawsuit filed by the SCV. According to her affidavit, Moore reviewed her research when the case and which documents were used became public in November.

In addition to the 14 UNC Black Pioneers in the brief, there are many other UNC alumni of note. Author and historian Taylor Branch, former North Carolina Supreme Court Chief Justice James Exum Jr., state senator Valerie Foushee, former United States Solicitor General Walter Dellinger and former UNC women’s soccer star and World Cup champion Carla Overbeck are among the names in the motion that claims the establishing of a fund for Silent Sam’s upkeep damages the reputation of the university.

The SCV also filed a brief, defending its lawsuit by saying the transfer of rights from the UDC to the group solidifies its standing.

A court hearing to review the Sons of Confederate Veterans’ standing in the original lawsuit is scheduled for February 12.

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