October 99
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Rutherford Institute and SCV
file suit against Tennessee
Memphis-The Rutherford Institute of Charlottesville, VA and the Tennessee Division of the Sons of Confederate Veterans has filed a lawsuit against the State of Tennessee over last year's refusal by the House Calendar and Rules Committee to issue a specialty license plate bearing the 103-year-old SCV logo, which incorporates the Confederate battleflag.
   Rutherford Institute affiliate attorney Terry Beasley of Memphis asks in the suit that the Tennessee SCV be permitted to include their logo on a license plate and also asks the court for Declaratory Judgement, Injunctive Relief and Damages. In addition to asking the plate be approved, Beasley is asking for a judgement that permits the SCV the same privileges as other groups in the state.
   In 1997, The Rutherford Institute was involved in a similar license plate case on behalf of the Maryland Division of the SCV. The Maryland Motor Vehicles Administration attempted to recall SCV plates because of controversy surrounding the logo. However, a federal district court judge ruled that confiscating the plates violated SCV members' First Amendment rights.
   "Speech, whether it be a logo on a license plate or a conversation in a public park, is protected by the U.S. Constitution," said legal coordinator for the Rutherford Institute Ron Rissler. "If there is a bedrock principle underlying the First Amendment, it is that the government may not censor speech that some in society find offensive or disagreeable."
   The issue started in the legislature this past session when members of the Tennessee Black Legislative Caucus led the fight against the Tennessee Sons of Confederate Veterans to block the committee from issuing the plate. The National Association for the Advancement of Colored People also weighed in on the issue saying they would "do what is necessary" to stop the state from issuing the plate. The Rutherford Institute says there has been an increase in the last two to three years from organizations trying to ban the Confederate flag.
   "These organizations are trying to portray the battleflag as offensive hate speech" said Rissler, "and the arguments are not justified. The U.S. Supreme Court has ruled consistently that so-called 'offensive speech is protected because all speech can be seen as offensive by someone."
   The Tennessee Division is also keeping an eye on situations in Maryville and Crockett County, where an assistant principal reportedly searched student's cars looking for Confederate symbols.

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Army honors Tennessee
Medal of Honor recipient

North Las Vegas, Nevada-This past July the United States Army renamed a facility and a street in Nevada after Tennessee Medal of Honor recipient Sgt. George Jordan, who received the nation's highest award while serving in the cavalry units known as "Buffalo Soldiers" in the American west. Jordan is one of three minorities from Tennessee to receive the nation's highest military award.
   George Hill, who works in the logistics division of the 6th U.S. Army Recruiting Brigade, was responsible for coming up with a new name for the facility and says Sgt. Jordan exemplified the traditional American soldier and justly deserved having the facility named after him.
   "Sgt. Jordan appealed to us," said Hill, "because he performed his duties in the highest tradition and never sought the medal for himself. While that would have been perfectly normal in those days, it was his commanding officer who kept urging Jordan to let him put his name in for it. Sgt. Jordan's actions under fire show that good leadership principals never change."
   Hill also said that the facility is the closest Army installation to the Fort Tularosa region where Jordan, after a long day's march in the New Mexico desert, rallied his men into a night march to relieve the Fort and nearby city from Apache warriors, who were attacking the white settlements in retaliation for the government's Indian removal policies in the southwest. The unit arrived just in time to fortify the position and withstand the Apache attack. Jordan's actions under fire at Carrizo Canyon were also mentioned in his Medal of Honor citation, where he led his men against Apache Chief Nana in one of the toughest battles fought against the warring tribe.
   Pentagon historian and author of three books on the Buffalo Soldiers, Frank Schubert, says he is glad the Army is recognizing Sgt. Jordan's service. Before the subject became popular in American culture, Schubert was working to collect photographs and battle reports on the often overlooked military units. His books, which are available through local bookstores, are regarded as the best documentary works done on the Buffalo Soldiers in the American West.
   "This is good to see because there are few public facilities named after Buffalo Soldiers," said Schubert. "Sgt. Jordan was the model noncommissioned officer in the old west cavalry, which meant he was respected by both his men and his superior officers. It is legitimate that Sgt. Jordan should have a facility named after him in the region he helped to defend."
   Knoxville attorney and Franklin native Nick McCall worked to get a Franklin monument erected to honor the Williamson County soldier, who enlisted in the cavalry following his emancipation from slavery. "The movement to honor him in Franklin got started after my father and I saw a documentary on the A&E cable station mentioning a Buffalo Soldier from Williamson County who had received the Medal of Honor," said McCall. "After collecting information from Frank Schubert's books and some other sources, I wrote a letter to the editor of the Franklin Review Appeal and they got involved in helping to bring some long overdue recognition to Sgt. Jordan that resulted in the city erecting a monument to honor him. I'm excited to see that the Army is doing the same in Nevada."
   McCall aided the Army in sending them the numerous papers and documents he has collected on Jordan's life and service to help with the ceremonies. McCall said during the course of he and his father's research they discovered that a number of middle Tennesseans had enlisted in the all-black cavalry units following the War Between the States. Some have descendants who still live in the state and attended the dedication ceremony in Franklin.
   The new Army designation of the facility will replace Fort Baker in North Las Vegas, which has been in the region since the Spanish-American War era. The official dedication service will be held on Tuesday, July 13, at 9 a.m.
   The National Medal of Honor Museum of Military History in Chattanooga also sent a museum quality Medal of Honor citation that will be displayed among the photographs and bronze plaque that will be placed in the commemoration hall of the facility.

Nashville-The Tennessee State Capitol Commission, which oversees the placement of monuments on the capitol grounds, is reportedly going to look into the historical accuracy of a marker commemorating the "Middle Passage". The Tennessee Legislative Black Caucus erected the monument this past July on the capitol grounds beneath the monument honoring Confederate hero Sam Davis.
   Numerous questions were raised by Tennessee historians about the new monument to the trans-Atlantic slave trade concerning the accuracy of the inscription.
   Commission Chairman Sen. Douglas Henry (D-Nashville) said he had mailed copies of news articles to other commission members and will raise the issue at the group's next meeting.
   The problem for many historians with Capitol Hill's newest monument is that it implausibly states the trans-Atlantic "Middle Passage" began in 1444, nearly 50 years before Columbus discovered America. The inscription also exaggerates both the number of slaves taken and the death toll that occurred in the crossing. According to sources in Nashville, a list of references provided to the commission by supporters of the monument turned out to be filled with errors.
   Members of the Tennessee Legislature told the Tennessee Star Journal that the monument is estimated to have cost taxpayers from $15,000 to $20,000 and even some members of the Tennessee Legislative Black Caucus admit the information was wrong.
   "This was a project by an intern and I didn't have anything to do with the research and inscription of the marker," Rep. Armstrong (D-Knoxville) told the Tennessee Star Journal in an earlier interview. "All I did was ensure that it went through the proper committees and gained passage. If it has the dates of 1444 on it, then that has to be rectified and corrected because we surely don't want school kids on the capitol grounds reading something erroneous. I think every one knows that Columbus didn't get here until 1492. If I had seen it, I would surely have said something about it."

Nashville-Nine issues of The Cherokee Phoenix newspaper, published more than 165 years ago, and a book and a map created in 1794 by one of Tennessee's founders, Daniel Smith, were recently purchased by the Tennessee State Museum for its permanent collection. The items were purchased at an auction held by Sotheby's for $23,000. The funds were provided by the museum's foundation.
   "The significance of these items to the history of Tennessee can't be overstated," said Assistant Director of Collections Steve Cox, "The Cherokee Phoenix was the first Native American newspaper ever produced, containing bilingual columns that Sequoyah" Cherokee syllabary. Smith's map was the first to chart the area now occupied by our state with the name Tennessee. The book in which the map is contained was the first to describe in detail the Tennessee country."
   The map and book by Smith will be on display during the forthcoming special exhibition, George Washington: The many behind the Myths, to be presented at a museum from November 2, 1999 to Feb. 1, 2000. The Phoenix newspapers will be placed on exhibit at a later date.
   In a related story, the Tennessee Museum will be displaying a mix of unique artifacts collected by the Tennessee Historical Society over the past 150 years. The display entitled: Preserving Our Stories: 150 years of the Tennessee Historical Society features 60 items representing the diversity of the society's collection. Artifacts range in date from the prehistoric Mississippian period (1000-1650) through the mid-1970s. Some of the unusual items featured include the dried thumb of outlaw John Murrell, a stone from the Red Sea, a death mask of Napolean, a twig cut from a tree that had been carved with the inscription "D. Boone cilled a bar 1760", and a decorative, sword-shaped pin fashioned out of a lock of Andrew Jackson's hair.
   The Tennessee State Museum is located at Fifth and Deadrick streets in the James K. Polk Center in downtown Nashville. Hours are Tues. - Sat 10 a.m. to 5 p.m. and Sunday 1 p.m. to 5 p.m. The museum is closed on Mondays and admission is free.

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U.S. Constitution Week puts focus
on importance of liberties
Harrogate--Studies recently released in Washington in conjunction with U.S. Constitution Week show that many Americans couldn't properly identify a single Amendment in the historical document or knew that freedom of religion, speech, and the press were all included in the First Amendment. Even with the multi-million dollar campaigns by the National Rifle Association, many couldn't identify the rights guaranteed by the Second Amendment or were aware of those that protect Americans from illegal search and seizure, the illegal quartering of troops or even that Amendment, which guarantees Americans a trial by jury.
   This has many Constitutional scholars worried that Americans do not understand the value of what is universally lauded as one of the greatest documents ever written. Its old enemies are still calling for it to be rewritten because they claim the "antiquated document" wasn't written for current times.
   "You would never hear someone say that about the Bible," said history professor Lowell Lynch," and you are virtually talking about the same thing in the United States Constitution. Without it in present times, the Bible could easily be judged subversive to the national interest and banned as it was in the Soviet Union for years."
   Other historians point to the fact the U.S. Constitution is the most copied document in world history and for good reason.
   "In most major religions," said theological professor David Hyde," we're taught that Moses' law, which we generally know as the 'Ten Commandments' has been the blueprint that showed mankind what laws are needed to build great civilizations. Likewise, The U.S. Constitution has been the blueprint that showed those civilizations what rights individuals must have if those civilizations are to survive and prosper."
   Both professors say they are worried that secondary schools are not properly teaching the U.S. Constitution to students or are focusing on the wrong aspects of the document.
   "Teachers really need to use the Constitution to illustrate to students how American government works," said Lynch. "It's no wonder that we have a debate among the last few generations about the proper role of government. Unless they know and understand this document and why it is written the way it is, they are never going to understand the proper role of government in people's lives. The Constitution is not a buffet line where you can take this and that; it is either all or nothing. The public school system is doing a great injustice to its students by not dedicating classes to the study of the Constitution, which most educated people still regard as one of mankind's greatest achievement."

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Tennessee officials say fall tourism numbers are looking good
Chattanooga-Tennessee is regarded as one of the nation's top destinations in fall and numerous state and national park officials say they numbers have been great so far and the events have been a big draw by themselves.
   Chickamauga National Military Park held a mega-reenactment in September, which attracted thousands of students, historians, and spectators to the Chickamauga Battlefield. The Britton Lane Battlefield reenactment also attracted thousands to Jackson as reenactors from across American and Europe descended on the city to act out the battle. Prior to the reenactment, the John B. Ingram Camp Sons of Confederate Veterans hosted a day long educational classroom at the Battlefield Park for more than 900 Tennessee school students.
   In addition, officials at the Great Smoky Mountains National Park say their numbers may surpass last years even if the fall colors come early and don't last long.
   "The Cities of Gatlinburg and Pigeon Forge always have a variety of special events," said Park spokesperson Nancy Gray, "and that attracts thousands of people to the mountains. The fall colors are not expected to be as bright as they have been in years past because of the lack of rain, but Sevier County's Winterfest celebration kicks off in November and that always brings a heavy number of people into the Smokies to shop and see the sights."
   Other special events are scheduled at state and national parks across the state and visitors are encouraged to check with individual parks to get a list of upcoming events.

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Shop Talk
Gatlinburg-Tennessee Online has been undergoing some changes over the last few months and trying to revamp some of the sections of the site. We are pleased to announce that the Internet web site and Ed Hooper picked up three awards over the summer for excellence in journalism with the site's news page and popular artifacts section. In the meantime, research has continued to locate photographs and other material, which will be included in the site at a later date.
   We have received numerous letters from web site visitors asking us for genealogical, municipal and statistical information that is impossible for us to provide. We try to handle each request individually and respond to each one, but sometimes the information is impossible for us to get. We will continue to forward those letters to the proper agency, but please ask for your patience in getting a reply. As more and more of the state's agencies come on line, we will post them on the site.
   Once again, we would like to thank you for your time and contribution to the site's growing archives. Without it, our jobs would be much harder. If you have any questions or comments, please feel free to contact us by e-mail.

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