The Constitution, Censorship and the Schools: Tennessee v. John Thomas Scopes
Peter Neal Herndon
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Teaching Materials Useful in teaching Scopes
DOCUMENT 1: The Butler Act, 1925:
Section 1.Be it enacted by the General Assembly of the State of
Tennessee, That it shall be unlawful for any teacher in any of the
Universities, Normals (high schools) and all other public schools of
the State...to teach any theory that denies the story of the Divine
Creation of man as taught in the Bible, and to teach instead that man
has descended from a lower order of animals.
Section 2.Be it further enacted, that any teacher found guilty of the
violation of this Act shall be guilty of a misdemeanor and upon
conviction, shall be fined not less than One Hundred ($100.00) Dollars
nor more than Five Hundred ($500.00) Dollars for each offense...
(Grebstein, 3)
DOCUMENT 2:Governor Austin Peay's special message to Tennessee
legislature, March 21, 1925: (excerpts)
After a careful examination I can find nothing of consequence in the
books now being taught in our schools with which the bill will
interfere in the slightest manner. Therefore, it will not put our
teachers in any jeopardy (legal danger). Probably the law will never
be applied. It may not be sufficiently definite to permit of any
specific application or enforcement. Nobody believes that it is going
to be an active statute... (quoted in Ginger, 7)
DOCUMENT 3:Excerpts from Genesis, chapter one:
"In the beginning God created the heaven and the earth..." (v. 1)
And God said, Let us make man in our image, after our likeness: and
let them have dominion over the fish of the sea, and over the fowl of
the air, and over the cattle, and over all the earth, and over every
creeping thing that creepeth upon the earth. (v. 26)
So God created man in his own image, in the image of God created he
him; male and female created he them. (v. 27)
And God saw every thing that he had made, and, behold, it was very
good. And the evening and the morning were the sixth day. (v. 31)
And on the seventh day God ended his work which he had made; and
he rested on the seventh day from all his work which he had
made."(Chapter 2, verse 2)
DOCUMENT 4:Excerpts from George W. Hunter, A Civic Biology.
The Doctrine of Evolution. We have now learned that animal forms
may be arranged so as to begin with very simple one-celled forms
and culminate with a group which contains man himself. This
arrangement is called the evolutionary series. Evolution means
change, and these groups are believed by scientists to represent
stages in complexity of development of life on the earth. Geology
teaches that millions of years ago, life upon the earth was very
simple, and that gradually more and more complex forms of life
appeared, as the rocks formed late in time show the most highly
developed forms of animal life. The great English scientist Charles
Darwin, from this and other evidence, explained the theory of
evolution. This is the belief that simple forms of life on the earth
slowly and gradually gave rise to those more complex and that thus
ultimately the most complex forms came into existence. (page 194 of
text)
Man's Place in Nature. If we attempt to classify man, we see at once
he must be placed with the vertebrate animals because of his
possession of a vertebral column. Evidently, too, he is a mammal,
because the young are nourished by milk secreted by the mother
and because his body has at least a partial covering of hair... We
must place him with the apelike mammals, because of these
numerous points of structural likeness. The groups of mammals
which includes the monkeys, apes and man we call the "primates."
Monkeys certainly seem to have many of the mental attributes of
man...(and therefore) the monkey justifies his inclusion with man in
a separate mental genus." (page 195 of text)
(Grebstein, 28)
DOCUMENT 5:Dayton, Tennessee, Friday, July 10, 1925
State of Tennessee v. John Thomas Scopes
Nos. 5231, 5232
In the Circuit Court of Rhea County, Tennessee
Hon. J. T. Raulston, Judge
Counsel for the State Counsel for the Defendant
A.T. Stewart, Attorney General John R. Neal
William J. Bryan Clarence Darrow
William J. Bryan, Jr. Dudley Field Malone
B. G. McKenzie Arthur G. Hays
J. G. McKenzie W.O. Thompson
H. E. Hicks
W. C. Haggard
FIRST DAY
THE COURT:The court will come to order. The Reverend Cartwright
will please open court with prayer.
THE REV. CARTWRIGHT:We beseech Thee, our Heavenly Father, that
Thou will grant unto every individual that share of wisdom that will
enable them to go out from this session of the court, with the
consciousness of having under God and grace done the very best
thing possible, and the wisesth thing possible... Hear us in our
prayers, our Father, this morning, for the cause of truth and
righteousness... that the affairs of church and state may be so
administered that God may beget unto Himself the greatest degree of
honor and glory.
THE COURT:Seat everyone you can, Mr. Sheriff, and those that can't
get seats, let them stand around the wall.
THE COURT:Mr. Attorney General, come right up here, please. let me
have my docket, Mr. Clerk.
9:22 A.M.--Mr. Attorney General I am calling the case of the State v.
John Thomas Scopes...
THE ATTORNEY GENERAL:If the Court please, in this case we think
that it is proper that a new indictment be returned.
THE COURT:Do you want a jury empaneled?
THE ATTORNEY GENERAL:Yes, sir, and a new indictment.
THE COURT:Yes, sir.
THE ATTORNEY GENERAL:This indictment has been returned by
agreement on both sides, but both sides are anxious that the record
be kept straight and regular, and that no technical objection may be
made in the appellate courts.
THE COURT:Very well...
THE COURT:Now let's proceed to draw the jury, gentlemen...
(Grebstein, 32,33)
DOCUMENT 6:The Judge's Charge to the Grand Jury:
"Gentlemen of the grand jury...the statute which it is alleged that
John T. Scopes violated, is Chapter 27 of the acts of 1925 which
makes it unlawful to teach...any theory that denies the story of
divine creation of man as taught in the Bible and instead thereof that
man descended from a lower order of animals. (the judge reads
Section 1 of the Act)
(the judge reads first chapter of Genesis)
Therefore, the vital question now involved for your consideration is,
has the statute been violated by the said John T. Scopes?...
If you find the statute has been thus violated, you should indict the
guilty person...
You will bear in mind that in this investigation you are not interested
to inquire into the policy or wisdom of this legislation...
The policy and wisdom of any particular legislation addresses itself
to the legislative branch of government, provided the proposed
legislation is within constitutional limits.
Our constitution imposes upon the judicial branch the interpretation
of statutes and upon the executive branch the enforcement of the
law...
You may proceed with your investigation. (Grebstein, 34)
DOCUMENT 7:Darrow Challenges a Jury Member
(After the prospective jury member is questioned by the judge and
the Attorney General for approval, the Defense is allowed determine
whether or not the person is suitable)
(Questions by Mr. Darrow):
Q:What is your business?
A:I am a minister.
Q:Where abouts?
A:I live in the second district of Rhea County, twenty miles north.
Q:Ever preach on evolution?
A:I don't think so, definitely; that is, on evolution alone.
Q:Did you ever preach on evolution?
A:Yes. I haven't as a subject; just taken that up; in connection with
other subjects. I have referred to it in discussing it.
Q:Against it or for it?
A:I am strictly for the Bible.
Q:I am talking about evolution, I am not talking about the Bible. Did
you preach for or against evolution?
A:Is that a fair question, judge?
THE COURT:Yes, answer the question.
A:Well, I preached against it, of course! (Applause)
THE COURT:Let's have order.
MR. DARROW:Your honor, I am going to ask to have anybody
excluded that applauds.
THE COURT:Yes, if you repeat that, ladies and gentlemen, you will be
excluded. We cannot have applause. If you have feelings in this case
you must not express them in the courtroom. If you do, I will have to
exclude you.
Q:Have you formed a strong conviction against evolution?
A:Well, I have.
Q:You think you would be a fair juror in this case?
A:Well, I can take the law and the evidence in the case, I think, and
try a man right...
Q:Have you heard of Mr. Scopes?
A:Yes, Sir; yes.
Q:You have heard that he is an evolutionist, haven't you?
A:Yes, sir, I have heard that...
Q:You now have the opinion that evolution is contrary to the Bible
and that my client has been teaching evolution; as you stand there
now, that is your opinion?
A:Sure it is.
Q:You could change it if you heard evidence enough to change it on?
A:Yes, sir.
Q:Otherwise you couldn't?
A:I have no right to; I don't think.
MR. DARROW:I challenge for cause.
THE COURT:Well, I want every juror to start in with an open mind. I
will excuse you, Mr. Massingill.
(After a total of seven additional challenges by Darrow, the Court,
and the prosecution, the jury was completed.)
(Grebstein, 40-42)
DOCUMENT 8:The Court Questions Darrow
B:Do you believe that the Bible is the revealed will of God, inspired
and trustworthy?
D:I think there is much of value in the Bible, but I do not believe it is
written or inspired by God. I believe it should be taken as every
other book, and that the portions in it that are sublime, like such
portions of every other great book, might be called inspired...
B:Do you believe in the miracles recorded in the Old and New
Testaments?
D:I do not believe in miracles. I believe the universe acts and always
has acted according to immutable law, and that whatever may be
back of the universe, it has never violated these laws.
B:Do you believe in the immortality of the soul?
D:I have been searching for proof of this all my life with the same
desire to find it that is incident to every living thing, and I have
never found any evidence on the subject. (Grebstein, 132-133)
DOCUMENT 9:Quotation Sheet: Evolution and the Bible
As you read the following statements, ask yourself which of the
following might agree with each one: John Scopes, William J. Bryan,
Clarence Darrow, Judge Raulston.
1."Evolution has no purpose; man must supply this for himself."
2."The Butler Act rested on the belief that truth can be determined
by taking a vote."
3."Parents should not be deprived by Government of the right to
direct the lives and education of their own children."
4."If I lose faith in Genesis,I'm afraid I'll lose faith in the rest of the
Bible, and if I want to commit larceny I'll say I don't believe in the
part of the Bible that says 'thou shalt not steal.' The same thing
applies to murder."
5."In a democracy issues of policy must be resolved by the elective
process, not by appointive judges."
6."In the history of the world there has been nobody who has dealt
scientifically with all questions."
7."Morality depends on religion. Government cannot be indifferent to
religion."
8."Apart from human purposes, no Purpose exists."
9."Human life is nothing without purpose. Read the Bible to
determine God's purpose for you."
10."Man has no real freedom of will; he is a machine; a product of
heredity and environment."
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