UPHOLD SPIRIT JOURNEY OF WHITE EAGLE ANCESTORS

On the back bench of a chancery courtroom Tuesday (October 12, 1999), Luther Medicine Bird White Eagle sat expressionless, with a white ceremonial robe draped from his shoulders and an eagle feather clutched against his chest.

But his fellow American Indians and Tennesseans were smiling.

They were hearing what centuries of ancestors had longed to hear, seeing what centuries of descendants had longed to see.

The law- with its protections of conscience, religion and the right to live free without government abuse-was being cited in their defense by someone in authority.

No one could have predicted this historical ripple, begun in June in Chancellor Russ Heldman’s court in Williamson County.

No one could have predicted a Davidson County judge would issue a temporary injunction last month against the Indians’ adversary, the Tennessee Department of Transportation.

Chancellor Ellen Hobbs Lyle forbade road-widening work near the roots of the ripple: Indian graves south of the intersection of Hillsboro Road and Old Hickory Boulevard in Brentwood.

No one could have predicted the growing unity among Tennesseans of Indian ancestry to protect the graves, except an expressionless Cheyenne priest.

"A lot of praying, a lot of praying," replied White Eagle when asked about the reason for this historical turnabout.

Tonight, White Eagle again will be praying, with a group of 50 people at the graves. These religious rites have become weekly events.

And they are winning converts with their beauty and the display of commitment to values and tradition by worshipers.

"We are trying to uphold the spirit journey of our ancestors," he said.

White Eagle lives in Hermitage. But he makes the trip each week to the graves. Tuesday, he traveled here for a court hearing. Heldman allowed favorable evidence for the Indians to be included in the record of the case. That record is before a state appeals court, which must determine whether to uphold Heldman’s previous rulings that the Indians have legal and religious standing to protect the graves.

It was during one of the prayer rites in September that Indians spotted TDOT again working near the site.

In August, TDOT told Hobbs through its attorneys that work would not begin again in the foreseeable future. Hobbs asked that 15 days’ notice be given to all parties if work was to restart. Notice was not given. So the judge slapped an injunction on TDOT.

Just after her ruling, during another religious rite, a Metro policeman drove up. Worshipers feared the worst. Instead, the officer spoke of his Indian ancestry and joined in the prayers.

The ripple continued to spread.

After centuries of despair, the past few months have brought a rich season of hope and healing to Tennesseans of Indian ancestry.

An appeals court could end it. But proof that a season exists will keep the smiles and faith turned toward its righteous return.

Nashville Tennessesean's Commentary

By Tim Chavez