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Steve Scroggins
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Steve Scroggins lives in Macon and serves as the GHC webmaster. He is the
deranged creative force behind the X-Files parody and satire feature.
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Flags Memorialize Military Service – Commentary by Steve Scroggins
When I heard about the heritage violation at the Augusta Riverwalk, like most people, my first reaction was anger. Then
next it was realized that this was a violation of Georgia law. When it was decided to file a lawsuit against the City of Augusta, everyone pretty
much saw it as a slam-dunk no-brainer, an open and shut case. We figured they’d stall and then put the flag back where it belongs before the case
went to trial.
This is because we read the Georgia
code 50-3-1 (see text below) and, in our minds, there was never a question that the flag display on the Riverwalk---depicting all the historical
flags that ever claimed authority over Augusta----was a monument and memorial to military personnel.
Other courts have stated:
"The [United States] flag is itself a monument." [Emphasis added]
[In Monroe v. State, 250 Ga. 30, 295 S.E.2d 512 (1982) a prosecution was
brought under flag desecration statute.]
The City’s defense, in a nutshell, was their assertion that the flags on the Riverwalk did not constitute a monument
or memorial to military service. That’s it. Looks like they brought a butter knife to a gun fight.
Surprise! Superior Court Judge Duncan Wheale brought another butter knife and smeared it on even thicker. Wheale’s
remarks about flags and the Riverwalk that directly apply are:
“Flags at the Bay Street Esplanade do not honor the past or present service of military personnel."
"Temporal proximity to armed conflict and a tenuous connection to military personnel who presumably lived during a certain period do not make a series of flags a memorial."
As Woody Highsmith points out in
his commentary, who was it that brought
the various flags to Augusta in the first place? DeSoto’s Spanish soldiers. French soldiers. English soldiers brought British flags and built and
garrisoned Fort Augusta. General “Lighthorse Harry” Lee and his patriots brought the first 13-star U.S. flag. Georgia Militia brought their State
flag when they seized the federal arsenal in Augusta after Georgia seceded in 1861.
 Seal of the State of Georgia (front)
Look at the official
seal of the State of Georgia. This seal is visible on the 1956 Georgia flag and on the
2003 Perdue counterfeit flag. The Three columns
representing the three branches of government (executive, legislative, judicial) support the overarching Constitution. And between those columns on the right is
the guardian of Liberty, a soldier holding a sword.
Governments derive their just powers from the consent of the governed. That was a concept of government put into
practice as a ‘grand experiment’ by the Founding Fathers of our country. In all of history before and since, it has been the soldier who gave the
various governing authorities the force of authority and who defended against any forces that would seize that authority and take possession of the
land and all the people and property located thereon.
The significance of flags in military tradition and customs would be difficult to overstate. The flag's importance
is much more than a symbolic representation of the land, people, and principles for which one fights -- the flag is a marker of territory, a
proclamation of authority, a symbol of resistance, and its capture, lowering, or absence is an indicator of defeat.
The presence of the U.S. flag over Fort McHenry the morning
after a British attack on Baltimore's harbor in 1814 inspired Francis Scott Key to write the words to what is now America’s national anthem.
(Ironically, Key’s son would later become a Confederate soldier and be held as a POW in Fort McHenry..."...in the home of the free.")
One of the best known military photographs in the world depicts U.S. Marines erecting a U.S. flag on Mount Suribachi
during the Battle of Iwo Jima in the Pacific during WWII. Following the terrorist attacks on the World Trade Center, photographs circulated by email
showing the similarity of the firemen erecting U.S. flags over the rubble with the Marines on Suribachi.
Military traditions of using flags dates back to the earliest recorded history. There are numerous references in the
Scripture to banners and flags.
In western cultures, a variety of unique military customs all revolve around the significance of flags. In particular,
we should review the customs associated with military funerals and memorials to fallen soldiers.
As Jeff Davis points out in
his commentary, the flag removed from the
Riverwalk was the official flag of the CSA when General Thomas “Stonewall” Jackson was killed in 1863. The flag sent from Richmond to cover his
casket was the Second National Flag, also known as the “Stainless Banner.”
As you’ll see below, there is symbolic meaning in every aspect of military ceremonies with respect to flags,
particularly funerals and the folding of the flag. The folded flag is presented to the widows, mothers or other next of kin “as a token” of a
grateful nation, as a memorial to the departed soldier’s service.
Flags are inextricably a part of memorials for soliders. The explanatory markers on the riverwalk flag terrace are
there to explain the flags and the military/governmental entities they represent. The flags are a memorial to the governments and to the soldiers
that gave them the force of authority and defended those government claims to juridiction over the Augusta area. There is no convincing
argument to the contrary.
Lacking an argument with any logical merit, we might presume some form of bias or other motive behind the assertion that
the flags on the Riverwalk are not memorials to military service. Perhaps Judge Wheale's own words might reveal such a motive.
From the trial transcript:
"The Second National Flag is a symbol of hate, unfortunately." --Judge Duncan Wheale
Such a bigoted statement of opinion can only come from ignorance of history or malicious sophistry. Which do you think
it is? Can you say "viewpoint discrimination?" We see no movement to remove the U.S. flag from the Riverwalk despite its appearance in thousands of KKK photographs.
What
would General Stonewall Jackson or his widow have to say about Wheale's opinion of
the flag that draped his casket?
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U.S. Military custom includes a flag-folding ceremony and the following text is but an example of the meaning
ascribed to the flag folding relevant to military service {bold emphasis throughout is mine}.
In the Armed Forces of the United States, at the ceremony of retreat the flag is lowered, folded in a triangle fold and
kept under watch throughout the night as a tribute to our nation's honored dead.
The third fold is made in honor and remembrance of the veteran departing our ranks who gave a portion of life for the
defense of our country to attain a peace throughout the world.
The seventh fold is a tribute to our Armed Forces, for it is through the Armed Forces that we protect our country
and our flag against all her enemies, whether they be found within or without the boundaries of our republic.
After the flag is completely folded and tucked in, it takes on the appearance of a cocked hat, ever reminding us
of the soldiers who served under General George Washington and the sailors and marines who served under Captain John Paul Jones who were followed
by their comrades and shipmates in the Armed Forces of the United States, preserving for us the rights, privileges, and freedoms we enjoy today.
Sources:
American Legion
www.usflag.org/foldflag.html
www.ushistory.org/betsy/more/folds.htm
Blue Jacket - U.S. Navy
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Georgia Code 50-3-1 begins
by describing and specifying the State Flag of Georgia in Section A. Section B, paragraphs 1 and 2 are the relevant parts quoted below {bold emphasis is mine}:
(b)(1) It shall be unlawful for any person, firm, corporation, or other entity to mutilate, deface, defile, or abuse
contemptuously any publicly owned monument, plaque, marker, or memorial which is dedicated to, honors, or recounts the military service of any past
or present military personnel of this state, the United States of America or the several states thereof, or the Confederate States of America or the
several states thereof, and no officer, body, or representative of state or local government or any department, agency, authority, or instrumentality
thereof shall remove or conceal from display any such monument, plaque, marker, or memorial for the purpose of preventing the visible display of the
same. A violation of this paragraph shall constitute a misdemeanor.
(2) No publicly owned monument or memorial erected, constructed, created, or maintained on the public property of
this state or its agencies, departments, authorities, or instrumentalities in honor of the military service of any past or present military
personnel of this state, the United States of America or the several states thereof, or the Confederate States of America or the several states
thereof shall be relocated, removed, concealed, obscured, or altered in any fashion; provided, however, that appropriate measures for the
preservation, protection, and interpretation of such monuments or memorials shall not be prohibited.
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Related Links
Veterans and Flags: A connection that's anything but 'tenuous' – Commentary by Woody Highsmith
The Real Issue At Riverwalk---It's NOT just another flag fight - Commentary by J. A. Davis
Georgia Heritage Council Appeals ‘AUGUSTA FLAG’ Case to Supreme Court of Georgia - Press Release
Augusta Riverwalk Violation in Review - Chronological Listing
Augusta Monument Desecration - Commentary by Frank Gillispie
Republican Mayor of Augusta Openly Violates Georgia Law - spofga.org
Augusta City Commission Presentation (by Woody Highsmith)
Augusta Mayor Flagged After Riverwalk Inspection – Commentary by Billy Bearden
Augusta Taliban 'Clears' Riverwalk - X-Files
Steve Scroggins is a member of the Sons of Confederate Veterans and he's the creative (if somewhat deranged) force behind the X-Files.
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