61 William Jennings Bryan, “W. G. N. Put ‘On Carpet,’ Gets a Bryan Lashing,” Chicago Tribune, 20 June 1923, p. 14 (contains quote and affirmed that “my views are set forth in” the Florida resolution).
62 Bryan, In His Image, 103—4 (emphasis in original).
63 William Jennings Bryan to Florida State Senator W. J. Singleton, II April 1923, in Bryan Papers.
64 “Memphis This Week Is Baptist Citadel,” Commercial Appeal (Memphis), 11 May 1925, p. I.
65 Edwin Conklin, “The Churches,” in Philip M. Hamer, ed., Tennessee—A History, 1672—1932, vol. 2 (New York: American Historical Society, 1933), 826-27.
66 T. H. Alexander, “Biography,” in Austin Peay: A Collection of State Papers and Public Addresses (Kingsport, Tenn.: Southern, 1929), xxx (quote); Joseph H. Parks and Stanley J. Folmsbee, The Story of Tennessee (Norman, Okla.: Harlow, 1963), 374; Billy Stair, “Religion, Politics, and the Myth of Tennessee Education,” Tennessee Teacher 45 (1978), 19-20.
67 Austin Peay, “Address to Graduation Class of Carson and Newman College,” in Austin Peay, 433-34.
76 This summary of House action was compiled from Journal of the House, 248; “Evolution In Schools Barred by the House,” Commercial Appeal (Memphis), 28 January 1925, p. 1; “Peay Master of Assembly on Tax Plans,” Chattanooga Times, 28 January 1925, p. 1; “Peay Program Is Voted by Solons,” Knoxville Journal, 28 January 1925, p. 12; Ralph Perry, “Bar Teaching of Evolution,” Nashville Banner, 28 January 1925, p. 3.
77 E. M. Matthews to Editor, Nashville Banner, 31 January 1925, p. 4.
78 Lee Wilkerson to Editor, Nashville Banner, 29 January 1925, p. 8.
79 Dillon J. Spottswood to Editor, Nashville Tennessean, 4 February 1925, p. 4.
80 Atha Hardy to Editor, Nashville Tennessean, 4 February 1925, p. 4.
81 Thomas Page Gore to Editor, Nashville Banner, 27 February 1925, p. 6.
82 “And Others Call It God,” Nashville Tennessean, 1 February 1925, p. 4.
83 “Monkey Business,” reprinted in “State Press Comment,” Knoxville Journal, 11 February 1925, p. 6.
84 Louisville Courier-Journal, “Darwinism Done For,” Chattanooga Times, 1 February 1925, p. 16.
85 “Lie Is Passed in Legislature,” Nashville Banner, 5 February 1925, p. 7.
86 “Proceedings in Legislature,” Nashville Tennessean, 11 March 1925, p. 8.
87 “Bill on Evolution Draws Fire Pastor,” Chattanooga Times, 9 February 1925, p. 7.
88 “Baptists for Science in Church Colleges,” Commercial Appeal (Memphis), 5 February 1925, p. 5.
89 Quoted in Kenneth M. Bailey, “The Enactment of Tennessee’s AntiEvolution Law,” Journal of Southern History 41 (1950), 477.
90 Journal of the Senate of Tennessee (1925 Reg. Sess.), 214, 254, 286, 352.
91 Sam Edwards to Editor, Nashville Banner, 4 February 1925, p. 8.
92 J. R. Clerk to Editor, Nashville Tennessean, 5 February 1925, p. 4.
93 J. W. C. Church to Editor, Nashville Tennessean, 8 February 1925, p. 4.
94 Mrs. E. P. Blair to Editor, Nashville Tennessean, 16 March 1925, p. 4.
95 Dan Goodman to Editor, Nashville Tennessean, 6 February 1925, p. 4.
96 John A. Shelton to William Jennings Bryan, 5 February 1925, in Bryan Papers.
97 William Jennings Bryan to John A. Shelton, 9 February 1925, in Bryan Papers.
98 This review and the following summary of Sunday’s crusade was compiled from daily articles in the 6 to 23 February 1925 issues of the Memphis Commercial Appeal, which included both daily news reports and a complete transcript of each sermon.
100 “First Verse of Bible Key to All Scripture,” Commercial Appeal (Memphis), 13 March 1925, p. 11.
101 This summary of Senate action was compiled from “Evolution Is Given Hard Jolt,” Knoxville Journal, 14 March 1925, p. 1; Howard Eskridge, “Senate Passes Evolution Bill,” Nashville Banner, 13 March 1925, p. 1; “Legislators Bar Teaching Evolution,” Chattanooga Times, 14 March 1925, p. 2; “Proceedings,” p. 8; Journal of the Senate of Tennessee (1925 Reg. Sess.), 516—17; Thomas Fauntleroy, “Darwinism Outlawed in Tennessee Senate,” Commercial Appeal (Memphis), 14 March 1925, p. I.
103 Excerpts from these letters to the governor appeared in “Peay Opens His Ape Law Letters,” Nashville Banner, in Peay Papers, GP 40—13 (including quotation about Middle Ages); James L. Graham to Austin Peay, 18 March 1925, in Peay Papers, GP 40—13; James W. Mayor to Austin Peay, 14 March 1925, in Peay Papers, GP 40—13.
104 H. A. Morgan to Austin Peay, 9 February 1925, in Peay Papers, GP 40-24; “Anti-Evolution Bill Stirs Tennessee,” Atlanta Journal, 24 May 1925, p. 11.
105 W. M. Wood to Austin Peay, 14 March 1925, in Peay Papers, GP 40-13.
106 Austin Peay, “Message from the Governor,” 23 March 1925, in Journal of the House of Representatives of Tennessee (1925 Reg. Sess.), 741-45 (emphasis iadded). In his classic account of the Scopes trial, Six Days of Forever? Tennessee v. John Thomas Scopes (London: Oxford University Press, 1958), Ray Ginger uses this and other evidence to argue that the Tennessee antievolution statute was a symbolic protest rather than a serious law. It is clear to me, however, that antievolutionists took this statute seriously—they expected it to compel compliance. Bryan simply thought that, owing to the law-abiding nature of schoolteachers, the law would be self-enforcing rather than require active monitoring. What he did not anticipate was that some respected citizens would protest the statute by intentionally flaunting it. If there was a symbolic protest here, it was by opponents of the law in disobeying it rather than by proponents of the law in enacting it.
107 “Give Up Schools Before Bible Is Peay’s Attitude,” Nashville Tennessean, 27 June 1925, p. 1; Peay, “Message,” 745.
108 W. J. Bryan to Austin Peay, undated telegram, in Bryan Papers. 109. Peay, “Message,” 743, 745; Bryan to Shelton, 9 February 1925.
CHAPTER THREE. IN DEFENSE OF INDIVIDUAL LIBERTY
1 James Harvey Robinson, The Mind in the Making: The Relation of Intellect to Social Reform (New York: Harper, 1921), 181-86.
2 Woodrow Wilson, “War Message, April 2, 1917,” in Papers of Woodrow Wilson, vol. 41 (Princeton, N.J.: Princeton University Press, 1983), 519-27.
3 Postmaster General Albert S. Burleson, quoted in Paul L. Murphy, World War I and the Origin of Civil Liberties in the United States (New York: Norton, 1979), 98.
4 Roger N. Baldwin to W. D. Collins, 25 January 1918, in ACLU Archives, vol. 26.
5 Norman Thomas, “War’s Heretics: A Plea for the Conscientious Objector,” reprinted in The Survey 33 (1917), 391-94 (quote at 394).
6 Roger N. Baldwin, quoted in Samuel Walker, In Defense of American Liberties: A History of the ACLU (New York: Oxford University Press, 1990), 39.
15 Schenck v. United States, 249 U.S. 47, 51-52 (1919).
16 Oliver Wendell Holmes, quoted in Gerald Gunter, Learned Hand: The Man and the Judge (New York: Knopf, 1994), 163.
17 Abrams v. United States, 250 U.S. 616, 828-30 (Holmes, J., dissenting, 1919) (emphasis added).
18 American Civil Liberties Union, The Fight for Free Speech (New York: American Civil Liberties Union, 1921), 6-8.
19 Roger N. Baldwin, in Walker, In Defense of American Liberties, 52.
20 Arthur Garfield Hays, City Lawyer: The Autobiography of a Law Practice (New York: Simon and Schuster, 1942), 227. Despite this position on free speech, Hays regularly brought libel actions on behalf of his clients and himself.
21 Arthur Garfield Hays, Let Freedom Ring (New York: Liveright, 1928), xi.
25 David E. Lilienthal, “Clarence Darrow,” Nation 124 (1927), 417.
26 In a characteristic comment on the topic, Darrow observed that “the only thing I ever saw that seemed to have free will was an electric pump I had once on a summer vacation. Every time we wanted it to go, it stopped. I couldn’t think of anything except free will, and all of a sudden when we knew nothing about it, it started again.” In Clarence Darrow and Will Durant, Is Man a Machine? (New York: League for Public Discussion, 1927), 51.
27 Will Herberg, Protestant, Catholic, Jew (Garden City: Doubleday, 1960), 259-60.
BOOK: Summer for the Gods: The Scopes Trial and America's Continuing Debate Over Science and Religion