Daughters of Confederacy allege ownership of Franklin public square in court filing

Emily R. West | The Tennessean

FRANKLIN — In a newly filed court argument, the Franklin Daughters of the Confederacy chapter alleged it wasn't possible for the city of Franklin to own the entire public square.

In documents filed in Williamson County Chancery Court, the group argues they own the land that makes up the monument site around their Confederate statue in the middle of downtown.

Ownership came into question after a group of pastors and historians wanted to place new markers on the square depicting African-American history. After Franklin considered their proposal, the Daughters of the Confederacy legal team said they would sue the city if anything was placed on their land. Hours after, Franklin decided to file a judgement suit to determine who owned the land.

Daughters of the Confederacy lawyer Doug Jones wrote their public square ownership claim stemmed from 1899 county court documents and a previous case against Franklin.

"The city of Franklin's claim of ownership is barred as a matter of contract law based upon the agreement between the UDC-Franklin and the County Court of Williamson County, acting as the party having authority and jurisdiction over the matter at that point in time," Jones wrote.

The current dispute

In August, Franklin pastors and leaders from the Battle of Franklin Trust brought forward a plan to place four new markers depicting African-American history on the steps beside the Confederate monument.

After the Daughters of the Confederacy threatened to sue over the plan, the city filed a lawsuit to determine who owns what on the public square.

In late September, the city voted to approve the use of public land for the project "in and around the city square."

The exact location of the markers has not been determined.

The arguments

Jones went line by line in the Daughters of the Confederacy's argument filed in mid-November in response to the city's lawsuit.

The city argued that the local chapter Daughters of the Confederacy no longer existed in its filing in Williamson County Chancery Court in late August.

"The defendant, Franklin Chapter No. 14 United Daughters of the Confederacy, was organized on Sept. 6, 1989, but was dissolved and terminated on Jan. 8, 1990. It is not a recognized legal corporation," the city's filing stated.

While the city argued the Daughters of the Confederacy wasn't an organization, it also attached its contract with the group to maintain the monument. The contract was from 2010.

Jones said the Daughters of the Confederacy still existed and disagreed on its founding date, saying the local chapter organized on Oct. 28, 1895.

The city also argued in its filing that the public square was drawn out on a map in 1878. No monument is pictured in the map. The monument was installed in 1899, when it was paid for by the Daughters of the Confederacy.

Jones wrote that the minutes from an 1899 meeting speak for themselves as to whether the Daughters of the Confederacy own the public square and that maps from 1878 were irrelevant.

He added that it wasn't true that the Daughters of the Confederacy hadn't made efforts to maintain or develop the monument.

"It is admitted that UDC-Franklin asserts that it is the owner not only of the historical monument in question, but all land in the vicinity thereof that constitutes part of the monument site," Jones wrote.

More: Franklin Confederate statue: See how the square has evolved since 1799

About the Confederate monument

The Daughters of the Confederacy placed the Confederate soldier statue on the square to remember those who died in the Battle of Franklin.

Around Franklin, the statue's nickname is Chip, after a chunk of the soldier's hat that disappeared during his installation.

"In legend and lay, our heroes in gray shall ever live over again for us," part of the inscription reads.

The Daughters of Confederacy spent nearly $2,700 to erect the monument.

After the monument went up, the Daughters of the Confederacy placed a small fence around the monument along with a flag.

Reach Emily West at erwest@tennessean.com; at 615-613-1380; or on Twitter at @emwest22.