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Confederate Group: Capitol Commission Has No Say on Second Floor … of the Capitol

State Capitol building

The Tennessee Capitol Commission had no business trying to remove the bust of slave owner and disgraced Confederate general Nathan Bedford Forrest from the Tennessee State Capitol, according to the group who donated the bust in the first place.

The Nashville-based Joe Johnston Camp of the Sons of Confederate Veterans sued the commission and the state of Tennessee Monday to stop the removal of the bust.

The suit claims the state owns the Capitol building. It also claims the Capitol Commission is tasked with the preservation of the Capitol, “including the building and contiguous grounds.” But the suit contends the “Capitol Commission lacks any jurisdiction over the Forrest bust or as to other matters related to the second floor of the Capitol,” which is where the Forrest bust is placed.

The group has legal interest in the Forrest bust saga, as it raised the funds to create the bust.
[pullquote-1-center] “Lt. General Nathan Bedford Forrest was one of America’s most remarkable men and is considered by many to be this country’s most outstanding cavalry commander,” reads the camp’s website. “During Forrest’s military career he captured 31,000 prisoners, came under the fire 179 times, and had 29 horses shot from under him. Forrest reportedly said, ‘They got 29 of my horses but I am one up on them.’ With his own hands he had killed 30 of the enemy.”

To raise the funds for the bust, the camp commissioned a painted portrait of Forrest. Raising the money took five years, according to the suit. On their site, the camp still offers a 3’X2’ print of that portrait of Forrest for purchase. It’s “suitable for framing” and costs $20 with $6 shipping and handling.

Joe Johnston Camp 28, Sons of Confederate Veterans (Johnston, left)

The suit claims the bust is protected by a 1971 joint resolution from the Tennessee House and Senate. Only state lawmakers can determine whether or not the bust can go anywhere, the camp claims.

“As set forth herein, the Capitol Commission is not a ‘public entity’ that has control over either the Forrest bust nor the contents or composition of the second floor of the Capitol and there lacks authority and it is not a proper party to adopt any action to see a waiver from the Tennessee Historical Commission,” reads the suit.

That is exactly what the Capitol Commission did last month. But the commission also asked for two other busts — of historical Navy officers — to be removed from the floor as well. The Historical Commission could take up a vote on the waiver later this year.

Read the suit here:

[pdf-1]

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News News Blog

Confederate Statues Gone for Good

Crowds gathered in Health Sciences Park to support the removal of the Nathan Bedford Forrest statue.

Confederate statues removed from Memphis parks in 2017 have now been removed from Memphis and Shelby county, never to return.

The statues of Nathan Bedford Forrest, James T. Mathis, and Jefferson Davis were removed from parks here in late 2017. That removal came after Memphis Mayor Jim Strickland struck a deal to sell the parks and the statues to Greenspace, a then newly created nonprofit parks organization headed up by Shelby County Commissioner Van Turner. The Memphis City Council approved the deal and the statues came down just a few hours later.

At the time, all parties made an agreement with then-Governor Bill Haslam that the statues would be preserved and relocated.

Minutes before Nathan Bedford Forrest’s statue was removed from Health Sciences Park

The Sons of Confederate Veterans (SCV) filed suit against the removal but it was struck down last year. The group appealed the decision, but the Supreme Court of Tennessee denied the appeal earlier this year.

On Tuesday, Bruce McMullen, the city’s chief legal officer, said the statues are now permanently gone.

“In accordance with that promise [to Haslam] and the agreement between Greenspace, SCV, and the Forrest family descendants, the statues of Nathan Bedford Forrest, James T. Mathis, and Jefferson Davis have been permanently removed from Memphis and Shelby County,” McMullen said in a statement. “They have been released to the custody of the descendants and/or SCV to display them as they wish.”

The remains of Forrest and his wife remain entombed inside the base of the now-removed equestrian statue at Health Sciences Park.

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State Supreme Court Denies Sons of Confederate Veterans’ Petition to Review Lower Courts’ Decision

Minutes before Nathan Bedford Forrest’s statue was removed from Health Sciences Park

The Supreme Court of Tennessee denied the Sons of Confederate Veterans’ (SCV) petition to review the dismissal of its case against the city of Memphis for the removal of three confederate monuments from former city-owned parks.

The SCV sought a temporary injunction in 2018 to preserve the monuments that were removed in 2017 by Memphis Greenspace, the nonprofit that purchased the two Memphis parks and subsequently removed the statues.

Last year, the Davidson County Chancery Court determined that the monuments were no longer on public property and therefore were not covered under the Tennessee Historical Protection Act (THPA) of 2013.

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The court also determined that the city acted legally in its efforts to remove the monuments.

That decision was upheld first in June by the Tennessee Court of Appeals and then again this week by the Tennessee Supreme Court.

Here is what the city’s chief legal officer, Bruce McMullen said about the court’s decision:

“We’re pleased with the Supreme Court’s denial of the application of the Sons of Confederate Veterans petition to review the dismissal of this case in the lower Courts. This decision effectively ends this litigation and allows Memphis Greenspace to relocate the statues to an appropriate venue outside of Shelby County. Every decision the city of Memphis has made throughout this process has been thoughtful and most importantly, legal.”

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Appeals Court Sides With City in Confederate Statue Suit

Minutes before Nathan Bedford Forrest’s statue was removed from Health Sciences Park

The Tennessee Court of Appeals upheld a decision made by Davidson County Chancery Court denying the Sons of Confederate Veterans (SCV) a temporary injunction against the city of Memphis for removing Confederate statues from formerly city-owned parks.

The SCV sought a temporary injunction in 2018 to preserve two Memphis parks that were the home of three Confederate monuments, until they were removed in 2017.

Last year, the Davidson County Chancery Court determined that the monuments were no longer on public property and therefore were not covered under the Tennessee Historical Protection Act (THPA) of 2013.

In a decision filed Tuesday, Judge Frank Clement Jr. upheld that ruling, saying that SCV cannot seek an injunction because the Forrest statue is no longer on public property and “thus was no longer a memorial whose status could be preserved.”

“Thus, our purpose is not to address the merits of SCV’s underlying claim or whether, in an enforcement action, the trial court might have jurisdiction under the THPA to enjoin a private entity from further disposing of memorials or issue a mandatory injunction to restore memorials already removed,” Clement wrote. “Rather, we are called upon to decide whether the trial court erred in denying SCV’s request for a preliminary injunction.

“We affirm the trial court’s judgment and dissolve the trial court’s stay of its decision pending this appeal.”

The THPA prohibits removing any monuments or memorials in public spaces without being granted a waiver from the Tennessee Historical Commission (THC).

The city sought a waiver in 2017, but the THC denied it. The THPA doesn’t prohibit the city from selling the parks to a private entity, which the city did in December 2017.

The same night that the city sold the two parks containing statues of Jefferson Davis and Nathan Bedford Forrest, as well as a bust of James Harvey Mathes, to the nonprofit Memphis Greenspace for $1,000 each, the city removed the statues.

Members of the SCV could now take the case to the Tennessee Supreme Court.

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News The Fly-By

Update on Removal of Forrest Statue

The Memphis City Council voted this week to remove the statue of Nathan Bedford Forrest from Health Sciences Park, even though the next steps to make that happen remain murky.

The proposal to remove the statue surfaced in June, part of a national movement to remove Confederate symbols after a white supremacist shot nine African Americans at a church in Charleston, South Carolina. 

Toby Sells

Confederate supporters at a rally on Saturday

The move also ratifies a 2013 resolution to rename Forrest Park to Health Sciences Park, Confederate Park to Memphis Park, and Jefferson Davis Park to Mississippi River Park. A separate but related proposal to move Forrest’s remains and those of his wife from the park and back to Elmwood Cemetery was approved by the council in early July.

Council chairman Myron Lowery sponsored the ordinance for the statue’s removal.

“It’s important because Memphis is not the same city it was in 1905, when the statue was put in place,” Lowery said. “It is wrong to honor a slave trader on public property in 2015.”

But Lee Millar, a leader of the local Sons of Confederate Veterans group, said Saturday he didn’t see it that way. He and about 100 others gathered around Forrest’s statue, hoisting, waving, and wearing Confederate flags, their conversations about Southern heritage and the council vote only interrupted by a bullhorn that sporadically belted out “Dixie.”

“We’ll be there Tuesday to let the council know they’re doing the wrong thing,” Millar said. “They don’t need to erase Memphis history.”

Millar said removing the statue is a “waste of time,” that it wouldn’t “solve a single problem with gangs and crime and all of that,” and that it would only “add to the division in Memphis.” Forrest was a “prominent Memphian,” Millar said, as a city council member and an executive in an insurance company and a railroad who “hired blacks and whites alike” to help “rebuild Memphis after the [Civil War].”

Allan Wade, the city council’s attorney, said last week that he was still working on a plan for the statue’s removal and would reveal the details to the council. An official in Memphis Mayor A C Wharton’s office said the city has had “several offers” for the statue, including a very public one from the mayor of Savannah, Tennessee, who told news outlets last month his city would pay for the statue and its relocation.

“But there is still a lengthy process that has to take place before the statue and graves can be removed from the public space,” said Dewanna Smith, a Wharton spokesperson. “At this point, it would be premature to respond to any offers.”

Relocating the graves will also be a lengthy process. The matter will be decided in Shelby County Chancery Court in a case between the city and Forrest’s descendants. Millar said he has located eight Forrest descendants in the area and that “every one of them is steadfastly against moving the statue or the grave.”

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Cover Feature News

Into The Sunset

The once — and seemingly future — gravesite of General Nathan Bedford Forrest and his wife is on a promontory at Elmwood Cemetery called Chapel Hill. Dominated at its apex by a statue of Jesus, the hill slopes down on its western side to a grassy area containing several graves adorned with the name “Forrest,” — four of them in a row belonging to his brothers, all of whom, according to the stones’ modest inscriptions, served as cavalry officers for the Confederate States of America. In front of these modest markers is a plain grassy area that appears vacant and undisturbed — but that is somewhat misleading, for this earth has been turned more than once, the last time, some 110 years ago, in 1905, so that General Forrest and his wife, Mary, could be disinterred and reburied a mile and a half north, under a splendid bronze statue of the general on horseback. And there it has remained, the centerpiece of an urban park named for a man who was regarded for many decades as a local hero of heroes: Nathan Bedford Forrest, whose military tactics are so highly regarded that they are taught at West Point, whose exploits were countless, and whose valor was marked by the many horses that were shot out from under him in battle.

Jackson Baker

The Forrests would occupy the space in front of the general’s brothers at Elmwood Cemetery.

A month ago, during the whiplash of worldwide revulsion that followed the gunning down in Charleston, South Carolina, of nine African Americans engaged in bible study by a delusional white youth who embraced Confederate imagery, the rebel battle flag began being hauled down from its official places everywhere, as a symbol of an idea whose time had not only come and gone but had clearly become toxic.

And, as Southerners, dazed and horrified by the tragedy like everyone else, looked closer at a venerated Confederate heritage they had long taken for granted, it began to dawn on many that the poison may always have been there. As they read the published manifestoes of the secessionist states, one after another of them proclaiming as their casus belli the need to defend white supremacy and the God-given right to subjugate blacks, the rhetoric of those forefathers could not be cleanly disentangled from the recent ravings of the lunatic Dylann Roof.

Nor could absolution from the legacy of this racial hubris be conferred on the persona of General Forrest — a slave trader before the war, a commander accused during the war of responsibility for the massacre of black Union troops trying to surrender at Fort Pillow, and the documented founder and first Grand Dragon of the Ku Klux Klan after the war.

All this was hard to explain away, although the general’s defenders certainly tried, as the Memphis statue increasingly became a provocation — not only to the city’s African-American population, now a political majority, but to business interests and civic-minded folk who saw the official veneration of Forrest as an embarrassment and a hindrance to civic progress.

Mayor A C Wharton responded to the outrage in Charleston by calling for the expedited removal of the statue and gravesites from what was now called Health Sciences Park. It was the culmination of a process that had long been building.


• Anti-Confederate sentiment first flared in Memphis in earnest in 2005. The Forrest statue was directly assailed by a group of African-American dignitaries, including Shelby County Commissioner Walter Bailey and the Rev. LaSimba Gray, while the Center City Commission (now the Downtown Memphis Commission) petitioned the City Council to consider renaming not only Forrest Park but Jefferson Davis Park and Confederate Park downtown.

Influential businessman Karl Schledwitz, a trustee of the University of Tennessee, whose medical-school buildings surround the park property, made the first proposal for an outright removal of the statue and the return of the Forrests’ remains to Elmwood Cemetery. City Councilman Myron Lowery made a more modest suggestion to add a monument to Ida B. Wells and perhaps other heroic black figures and to give the park a different name.

Justin Fox Burks

Myron Lowery and youthful demonstrators at the general’s statue last week.

In the middle of all this ferment, the Rev. Al Sharpton came down to add his two cents. But then Mayor Willie Herenton held a news conference to denounce “outside agitators” and scotch what he considered the wild talk of name changes and tampering with monuments. The mayor did propose transferring maintenance of Forrest Park to UT, however, and, after all the fuss, that change was made.

Further defusing the situation had been advice from then state Senator Steve Cohen. Minutes of the climactic meeting of the Center City Commission in 2005 record Cohen’s position this way: “There have been things that have offended him as a minority, but he has learned to overcome those personal offenses and see things in a bigger light. … He asked for the board to reconsider this issue and not pass it forward, for it will do no good and will only do harm.”

In the end, the then Center City Commission’s resolution for name changes of the downtown parks, spearheaded by then chairman Rickey Peete and board member (later director) Paul Morris, was ignored by the council, as well as by the Chamber of Commerce, the Landmarks Commission, and the Convention & Visitors Bureau. Even Bailey would say, “I think we’re at a point where until such time as we see some concern by our city leaders, we have to continue to pause.”

An extended pause did ensue, during which, in 2009, over objections from Bailey, state Representative G.A. Hardaway, and others locally, Forrest Park was added to the National Register of Historic Places. That was something of a coup for N.B. Forrest Camp 215, the local unit of the Sons of Confederate Veterans, which had submitted the nomination to the National Register and which had been assisting in routine maintenance of the park for years.


• Things had cooled off and settled into something of a détente between contending parties until 2011, when the Sons of Confederate Veterans, confident that the moment of danger had passed, arguably overplayed their hand.

Lee Millar, an officer of N.B. Forest Camp 215, had written a letter to Cindy Buchanan, then city parks director, proposing to place a new sign with the name “Forrest Park” on the Union Avenue side of the park. Millar had signed his letter, however, not as an officer of the Sons of Confederate Veterans but as chairman of the Shelby County Historical Commission, a post he held at the time.

Buchanan responded with a letter that said, in part, “We appreciate the commission’s offer to provide this important signage for one of the city’s historic parks. … The proposal to create a low monument style sign of Tennessee granite with the park name carved in the front was reviewed by park design staff and found to be appropriate in concept … similar to the monument style signage placed by the city at Overton Park.”

The letter directed Millar to meet with Mike Flowers, administrator of park planning and development, to follow through on the construction and installation of the sign. Copies of Buchanan’s letter were apparently sent to Flowers and then city CAO George Little.

That is as far as the process went, when N.B. Forrest Camp 215 (not the Shelby County Historical Commission), apparently acting on the strength of Buchanan’s letter and dispensing with the suggested further meeting with city officials, raised $9,000 — enough to pay for a large granite sign saying “FORREST PARK.”

The sign sat there for some weeks until its presence was brought to the attention of Little, who insisted that the sign was unauthorized — as, from his point of view, it was: no city permit having been issued.

Little had the sign removed early in 2013, and the simmering crisis was reignited. It was fired up even further when, amid a new groundswell for changing the names of the three Confederate-tinged downtown parks, two state legislators — state Representative Steve McDaniel of Parkers Crossroads and state Senator Bill Ketron of Murfreesboro — rushed into passage HB553, a bill declaring that “[n]o statue, monument, memorial, nameplate, or plaque which has been erected for, or named or dedicated in honor of …” [the bill then names a seemingly complete list of America’s wars, including the Civil War] “… located on public property, may be relocated, removed, altered, renamed, rededicated, or otherwise disturbed.”

The bill went even further, prohibiting name changes to any “statue, monument, memorial, nameplate, plaque, historic flag display, school, street, bridge, building, park preserve, or reserve which has been erected for, or named or dedicated in honor of, any historical military figure, historical military event, military organization, or military unit” on public property.

Though the bill created obstacles to altering the status of the general’s statue and the downtown parks and provided grounds for litigation that still exist, it also inflamed sentiment on the Memphis City Council, which saw this maneuver as an outright transgression by the legislature against local sovereignty. The council’s reaction was further stoked by counsel Allan Wade’s statement that McDaniel and Ketron had been acting on a suggestion by Millar.

Councilman Shea Flinn referred to “the ironic war of aggression from our northern neighbor in Nashville,” while Councilman Harold Collins said, “We will never let the legislature in Nashville control what we in Memphis will do for ourselves.”

Thereupon the council, hesitant to act in 2005, voted 10-0, with three abstentions, for name changes in three downtown parks: Forrest Park would become Health Sciences Park; Jefferson Davis Park would become Mississippi River Park; and Confederate Park was renamed Memphis Park.

And there matters stood until the awful events in Charlleston June 17th.


• Wharton’s demand for the removal of the statue and graves from what was now Health Sciences Park followed quickly upon the atrocity, and council chairman Lowery’s authorship of a resolution to return the remains to Elmwood and an ordinance to remove the statue was announced almost immediately afterward. Unlike the cases of 2005 and 2013, there was no hint of a contrary view on the council.

A quantum leap in consciousness had occurred in Memphis, as elsewhere. In South Carolina, Governor Nikki Haley and a suddenly compliant legislature agreed to lower the capitol’s ceremonial Confederate battle flag. In Mississippi, official action was begun to remove Confederate imagery from that state’s flag.

Justin Fox Burks

A protestor taunts a Forrest loyalist.

On July 7th, Lowery’s proposals were approved unanimously by the council.

The issue was spoken to succinctly on that Tuesday night by, of all people, Bill Boyd, the venerable survivor of the old white-tinted South Side who can, as he did that night, cite the fact that Marcus Winchester, the first Mayor of Memphis, was his great-grandfather, and who had offered words of praise for Forrest in the parks-naming debate of 2013. 

Defenders of Forrest, a handful of whom testified before the council, deny Forrest’s complicity in the massacre of surrendering black Union troops at Fort Pillow in 1864, and maintain that the general was not really the founder of the Ku Klux Klan. Or that, if he was, it was not a viciously intended organization with racist terror at its core. Or that, if other sorts allowed it to become that, Forrest expeditiously dissociated himself from it. Or whatever.

Justin Fox Burks

Children wonder what all the fuss is about.

Boyd made allowance for all these attempted exculpations in his remarks, but, as he noted, they all ignored the one fact of Forrest’s life that was undeniable: that he made his living before the war as a slave trader. That was something Forrest did of his own free will, for personal gain, said Boyd. Slavery was the stain on him, it was the stain on the Confederacy, and there was no defending it. And that was why Boyd was willing to see the general’s statue and remains removed from a place of official honor in downtown Memphis.

And that is why city government and state government and regional and national sentiment, across ideological and party lines, are all moving so deliberately and definitively to distance themselves from the likes of General Forrest and the whole panoply of the Confederacy — that once vaunted “heritage” now seen as a cover for what had been racial despotism.


• Not everywhere and by everyone, however. As the fates would have it, General Forrest’s birthday celebration occurred on schedule this past Sunday, with a formidable and impressive display of Confederate colors and a large and devoted crowd of celebrants. The turnout dwarfed a modest demonstration of youthful anti-Forrest protesters held earlier in the week. Ironically, a proclamation in General Forrest’s honor from Governor Bill Haslam was read to the appreciative crowd. State law requires such a thing, Forrest’s birthday being one of six recognized state holidays. The governor, who has since advocated the removal of a bust of General Forrest from the state capitol, had penned the required accolade in early June, pre-Charleston.

The keynote speaker at Sunday’s celebration was one Ron Sydnor, an African American from Kentucky who serves as superintendent of Jefferson Davis State Historic Site there. He spent an hour providing biographical details about Davis, concluding with a story involving a congenial time spent together by the Confederate president and the “wizard of the saddle,” then a city alderman and, like Davis, involved in the insurance business in Memphis.

After Sydnor’s address, which was warmly applauded, came the ceremonial laying of wreaths at the base of the Forrest statue and a musket salute to the general by members of “the 17th Mississippi and 51st Tennessee Infantry, C.S.A.”

Jackson Baker

The general’s supporters at his birthday celebration Sunday.

But clearly, as they say, events are now in the saddle, despite the efforts of Forrest’s defenders, who have included esteemed deceased Memphis novelist/historian Shelby Foote, who in his monumental trilogy, The Civil War, lionized Forrest and discounted tales of his misconduct at Fort Pillow. If and when Nathan Bedford Forrest comes to rest again in his family plot at Elmwood Cemetery, he and his wife, Mary, will be reburied in their old vacated spot, immediately to the right of the graves of Foote and his wife.

The writer, as renowned a chronicler as Forrest was a warrior, was given his pick of sites at Elmwood, and this is the spot he chose.

That is one last tribute that, come what may, cannot be taken away from the general. 

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News News Blog

Council Committee Agrees On Relocating Forrest Statue and Remains

The Memphis City Council Parks Committee on Tuesday approved an ordinance allowing the city to move the Nathan Bedford Forrest statue out of Health Sciences Park, and they also approved a resolution to move the remains of Forrest and his wife, which are buried at the park.

The ordinance and resolution came on the heels of a national movement to remove symbols of the Confederacy after a reported white supremacist, Dylann Roof, allegedly murdered nine church members at the historically black Emanuel AME Church in June.

The ordinance to transfer ownership of the statue and to remove and relocate it will be required to pass three readings of the full council before it would go into effect. The resolution to remove the Confederate general’s remains only requires one reading, and the council agreed this morning to move it to tonight’s full council agenda.

But even if that resolution passes, state law would require that the city bring a lawsuit in Shelby County Chancery Court to have the remains removed and relocated. State law requires a Chancery Court decision for the removal and reburial of remains, and any remaining relatives of the deceased must be made a party in the lawsuit.

City Councilmember Janis Fullilove questioned whether the decision to move the statue and remains were related to recent news of the University of Tennessee’s planned expansion. Fullilove said, if UT wanted to purchase the Health Sciences Park land, there could be an ulterior motive for moving the statue. But Myron Lowery, who said he proposed the move before Mayor A C Wharton held a press conference about it two weeks ago, said the move was discussed before he learned of UT’s expansion plans. 

“And there is no proposal to the city from UT to deal with that land,” Lowery said.

Edmund Ford Jr. said he’d talked to a man who was interested in having the statue moved to Shiloh Military Park in Tennessee. And Lowery said he’d heard from others with interest in the statue. An opinion on the matter written by council attorney Allan Wade said Elmwood Cemetery also had room for the statue. But there’s been no decision yet on where the statue would go.

As for the remains, Wade’s opinion highlights the fact that Forrest’s will, which was probated in Shelby County on December 17, 1877, mentions his request to be buried at Elmwood “among the Confederate dead.” Forrest and his wife were originally buried at Elmwood, but their remains were moved to Health Sciences Park (formerly Forrest Park) on November 11, 1904.

The statue was dedicated there on May 18, 1905 by the Forrest Monument Association. The association paid for the statue with private donations, including the donated salaries of the Memphis City Councilmembers who held office in 1903. On March 25, 1903, the association had petitioned the council to authorize a special tax levy for the statue. The council objected because of the need for funding for streets, sewers, and bridges, but the since the members supported the idea for the statue, they agreed to donate that day’s salaries to the cause.

At today’s council committee meeting, Lee Millar of the Sons of Confederate Veterans expressed disapproval of the proposed move of the statue and the remains.

“We are steadfastly opposed to moving the statue of one of our American heroes,” Millar said. “And it would be an abhorrent thing to dig up the graves in Forrest Park.”

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News The Fly-By

Park Name Change Lawsuit Ruling Expected Soon

A ruling is expected any day now in a lawsuit that will determine the names of three Memphis parks that were changed a year ago in a controversial move by the Memphis City Council that drew emotional debate, criticism, and a visit by the Ku Klux Klan.

The council approved a resolution in February 2013 to change the name of Nathan Bedford Forrest Park to Health Sciences Park, Jefferson Davis Park to Mississippi River Park, and Confederate Park to Memphis Park. 

Some residents and a group called Citizens to Save Our Parks filed a lawsuit in May 2013 to block the new names claiming “it is for the benefit of public interest and welfare that these parks retain their historic and true name.” 

Allan Wade, the City Council’s attorney, moved immediately to dismiss the suit and has done so in court motions several times over the past year as the legal action has played out. He claims the groups don’t have legal standing to trump the council’s action. 

Toby Sells

A place holder sign at the former Jefferson Davis Park

“They argue that they have passionate interest in the parks, and they go out there and clean the parks up and that they had all these agreements,” Wade said. “But standing is based upon injury. In the absence of a recognizable injury, you don’t really have any different standing than anybody else who is interested in a park or street or a building or anything else.”

The plaintiffs’ attorney, Douglas E. Jones of the Nashville firm Schulman, Leroy, and Jones, has countered those moves by amending their original suit, and added new plaintiffs like the Memphis chapter of the Sons of Confederate Veterans (SCV).

Jones said his clients do have legal standing, according to a recent court motion. The SCV group installed Civil War replica cannons in all three parks at a cost of $75,000. Also, he said the SCV lost about $56,000 in revenue when the national SCV organization removed Memphis from its list of possible locations for its national convention in 2016. 

“Clearly, [the national and local SCV groups] have standing because both have suffered a special injury that was casually connected to the [city’s] actions,” the motions said. “[The groups] have suffered a distinct and palpable injury because they funded commemorative markers and statues in the parks to preserve history, they suffered a financial loss due to the parks’ names being changed, and are actively involved in the upkeep of and maintenance of the parks.” 

Wade said he expects the ruling soon because Chancellor Kenny W. Armstrong, the judge presiding over the suit in Shelby County Chancery Court, will take the bench at the Tennessee Court of Appeals on September 1st. The ruling could come “any day now,” he said, but couldn’t say exactly when because “courts do what they do.”

Should the suit be dismissed, the names that remain for the parks will be the purposefully bland, place-holding names the council approved to get ahead of a state law that would have banned the name changes. 

The council assembled and convened a committee of Memphis citizens to come up with new names for the parks. That committee’s meetings hummed with racial tension, but the members agreed to change Nathan Bedford Forrest Park to Civil War Memorial Park, Confederate Park to Promenade Park, and Jefferson Davis Park to Harbor Park. City Councilmember Bill Boyd oversaw those meetings as the chairman of the council’s parks committee.

“I was opposed to [changing the names], and I think we should just leave history as it is and move on,” Boyd said this last week.

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Opinion

A Short History of the Jefferson Davis Statue in Confederate Park

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The statue of Jefferson Davis was erected in Confederate Park in downtown Memphis in 1964, more than half a century after the more famous equestrian statue of Nathan Bedford Forrest on Union Avenue. How and why? I wondered in light of the ongoing controversy over Confederate-named parks. What’s in a name?

Honorary names are something of a Memphis specialty. I drove from my house to “Frances Crain” (N. Avalon) to “Sally Wallace Hook Parkway” better known as East Parkway to the McWherter Library (a nod to former governor Ned) at University of Memphis and the Special Collections department on the fourth floor, where curator Ed Frank kindly pulled the Memphis Press-Scimitar newspaper clippings on Jefferson Davis and his statue.

The statue story is an interesting little yarn. Davis, the first and only president of the Confederacy, lived in Memphis from 1875 to 1878. The drive to honor the “forgotten man” with “a magnificent bronze statue” began in 1956, although the concept was approved by political boss E. H. Crump before he died in 1954. The United Daughters of the Confederacy, later assisted by the Sons of Confederate Veterans, were the driving force. The first donation was $26. City officials blessed the project in 1962, when only $1,138 had been raised, but they changed the location from Jefferson Davis Park on Riverside Drive to Confederate Park on the bluff. It took eight years to raise the $17,473 needed for the eight-foot statue and 11-foot pedestal. These were not the days when wealthy benefactors simply wrote a check as they do today.

“This is a matter of pride for Memphis,” said Mrs. Harry Allen (as the newspaper referred to women), leader of the fund drive. “Memphis is the only major city in the South that does not have a statue of this great man.”

The Press-Scimitar dutifully reported the progress of the fund drive from 1956-1964. The unveiling seems not to have been tied to any Civil War centennial observation, and if it drew any public protest it was not noted by the afternoon newspaper which, of course, was produced and written by white men. (The Commercial Appeal’s archives are not part of the UM collection).

This was probably because Memphians, black and white, had bigger things to worry about than statues and symbolism. City schools were desegregated in 1961. Martin Luther King Jr. was speaking to tens of thousands in Washington D.C. and millions on television. The temper of the times can be felt by reading the front pages of The Commercial Appeal, gathered in a fine collection and coffee table book in 1991 on its 150th birthday. From 1962: “Two Men Are Dead in Campus Rioting After Meredith Is Escorted to Dormitory; Soldiers Try to Restore Order at Ole Miss.” From 1963: “Sniper Assassinates Kennedy in Dallas.” From 1964: “Three Bodies Found by FBI Believed Rights Workers.”

In 1968, the Press-Scimitar reported that “Negro” Aaron Henry of Clarksdale, Mississippi, the state NAACP president, protested the closing of state offices on the anniversary of Davis’s birth. Henry said Davis’s “only claim to infamy was based on his philosophy of human enslavement of black people by white people.” In 1970, the paper reported that Memphis Sesquicentennial Inc. planned to honor both Davis and Robert R. Church Sr., “South’s First Negro Millionaire.” The Davis statue was lighted. Church got a plaque and a park named for him at Beale and Fourth. The “one of you one of us” process continues to this day.

Davis, stripped of his rights after the Civil War, died in 1889. He was gone but not forgotten. His birthday, July 3rd, was a legal holiday in Mississippi and ten other states and known as the Confederate Memorial Day. The exact name, number, and dates of such observances today is a morass into which I do not plan fall. Suffice it to say that Davis’ rights were officially restored in 1978 by President Jimmy Carter, a Southerner.

“Our nation needs to clear away the guilts and emnities and recriminations of the past, to finally set at rest the divisions that threatened to destroy our nation,” Carter said.

This week the City Council, provoked by state lawmakers in Nashville, voted to rename Confederate Park, Jefferson Davis Park, and Nathan Bedford Forrest Park with placeholder names until a committee can come up with permanent ones.