The article that Gail Tatum sent from the Richmond
Times-Dispatch is indeed an interesting application of law.
The argument used was that Greenbaum didn't know it was
illegal to excavate a burial. To mix and mangle metaphors:
"Gee, Officer, I had no idea that drinking a beer and
driving at 80 mph was illegal. I do it all the time and
nobody ever had a problem with it before." How much credence
to you think the legal system would take of that in the real
world? What's really going on here is that the issue was
brought out into the open where it can be evaluated in light
of the law and custom of the land.

With respect to custom, many have claimed to be
archaeologists. However, although I may work on my car on
the weekend, I don't call myself a mechanic. I can't be a
hairdresser without passing a test, but because I have
participated in archaeology at some level and have a passing
interest in it, then I can call myself an archaeologist? I
don't think so. There is a Register of Professional
Archaeologists which sets minimum standards for the
profession. Any claim of archaeological legitimacy in light
of that is bogus, in my view.

Earlier, there had been a rash of these naked soldiers
remains appearing for reburial. The remains had been
deposited on the Capitol steps and were duly buried in a
veterans cemetery with all SCV pomp and ceremony. As an
archaeologist, I translate that as a metal detector find,
stripping the body of the buttons, buckles, etc. and then
moving the bones to the steps.

Let's review that for state law applicability. First, at the
point when it was recognized that a human burial was
present, the digging should have stopped and the appropriate
authorities notified. That was the first illegal action. The
diggers then removed the buttons and other items from the
remains. That's the second illegal action. The diggers then
exhumed the remains and transported them to the steps.
That's the third illegal action. The after the fact reburial
with full SCV support is in my view a somewhat cynical
attempt to lend legitimacy to the action.

The next time one of these soldiers remains are discovered,
the appropriate authorities called, and the appropriate
decisions reached concerning disposition of the remains and
then the actions can be called reasonable. Other than that,
it's grave robbing.

Another case was successfully prosecuted in Wythe County
wherein some folks who called themselves archaeologists
excavated human burials from a prehistoric site, removed
grave goods, but did not disturb the bones. They kept some
of the materials and sold some of the grave goods. They
claimed to be doing it for archaeological reasons. The legal
system didn't buy that one either and they were convicted.
The RPA Code of Ethics forbids such action.

The bottom line is that if a grave is known or suspected and
it's in danger of damage, call the local police, quote the
law and get them to act.

Lyle

To subscribe, change options, or unsubscribe, please see the instructions
at http://listlva.lib.va.us/archives/va-hist.html