Legislation concerning the display of the Confederate Battle Flag (United States)

Last modified: 1997-11-10 by rob raeside
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• Confederate flags
• Legislation concerning confederate flags
• State usage
• Status of the state usage
• Pro change
• Anti change
• Recent legal actions

See also:

• Confederate Battle Flag
• Historical flags of the United States
• United States of America

There was no one flag of the shortlived Confederate States of America.

The first unoffical one was the "Bonnie Blue", which orginated with the truely short lived Republic of West Florida. I believed that it lasted for a month and a day in 1810. This flag was popularized by the song, The Bonnie Blue Flag, which called for states rights and was one of the three most popular songs of the civil war in the south.

The first National Confederate Flag was called the "Stars and Bars", said to resemble the Austrian flag, designed by a Austrian major. It was a horzional tri-colour red, white, red, with a blue canton containing a varying number of stars, ranging from 7 (the orginal members) to 15, including 11 members, 2 states that had representatives in both congresses, namely Missouri and Kentucky, and 2 representing those states which despite occupation by the federals, rallied to the cause of Southern independence. Most common were 11. Due to it's similarity to the Federal flag, it was one of the factors that led to the death of Thomas "Stonewall" Jackson by his own troops.

The Second Confederate Flag, also called the "Stainless" banner had the Southern Cross as a canton (blue St-Andrew's cross saltire) on a red field. The cross was said to be due to the Scottish ancestry of many Southerners and the popularity of "Ivanhoe" and other novels by Sir Walter Scott. It served for most of the war as the National Flag of the Confederacy. Due to the large expanse of white, it was difficult to see at sea and could be confused for a flag of truce.

For the past several months of the war it was modified by the addition of a red vertical stripe on the hoist. This was called the Third Confederate Flag or Last Confederate Flag. The canton was used as as a Naval Jack. In a square design, with a pink, orange and finally white 2" border, it was used by the Army of Northern Virginia, the main army of the South, led by Robert E. Lee, as a cavalry, artillary and infantry battle flag, depending on size (39",45" or 51" square). This would have been the one that saw the most use as it was employed by the largest number of units and involved in the largest number of battles. The pink and orange borders used bunting captured at the naval yard in Norfolk. Upon production of material in the South, white was used. One of the first two flags given to General Lee was sewn by two sisters from Alexander, Va. They belonged to a well known family and one of the main streets in Richmond, Carey Street bears their name. The other was sewn by their cousin a Miss Carey in occupied territory (Baltimore, Md, where there also exists a Carey Street) So that in the two adjoining cities the women who contributed to the Lost Cause are honored.

In a 3' X 5' shape, the Naval Jack was used by the Army of Tennessee, one of the main forces in the Western field of operations. The Stars and Bars with 18 stars (13 white representing the 13 states and 5 red, representing the five civilized nations, Indians that fought for the confederacy) was the last one to be used in the field by the last Con. General to surrender with the Cherokee brigade.

William M Grimes-Wyatt, 1996-JAN-23

Due to the constitutional rights of freedom of speech (oral and otherwise) there are no laws forbidding the display of any of the confederate flags. An American president attempted to return the captured battle flags to the Southern states in the 1800's but due to opposition from the Grand Army of the Republic, a veterans organization of the federals, the federals did not return them until the twentieth century.

William M Grimes-Wyatt, 1996-JAN-23

The question referred to the use of the flag at state sponsored affairs. In 1879, the state of Georgia adopted a state flag based upon the first national flag, (the Stars and Bars), with the state seal replacing the stars. In 1956, during the intregration problems in the South, some black citizens, believing that the main cause of the War for Southern Independence or The War between the States, as the South calls it, or the Civil War as the North calls it, was slavery called for it's replacement. The blacks adopted the flag of Marcus Garvey, a black seperatist who called for elimination of the white devil. The whites replaced the flag, based upon the offical flag of the confederacy, with the flag based upon the Naval Jack. The difference in names exists in many battles. i.e. Bull Run/Manassas, leading you to think that they are refering to different. The South used the names of towns, while the north used names of rivers, streams or other geographic features.

William M Grimes-Wyatt, 1996-JAN-23

Several Southern states use various of the confederate flags as the basis of their state flags and in addition fly the confederate battle flag along with the state flag. There is a movement afoot to cease this practice. In Georgia, the state most in question, some blacks and anti-southern whites wish to replace the current Georgia flag of 1956 with the flag of 1879. The amusing thing is that they don't realize that this is the one based upon the Stars and bars. The governor of Georgia, Zell Miller attempted to have the law revamped. He changed his mind because he wished to retain his job.

William M Grimes-Wyatt, 1996-JAN-23

It is widely believed that the only reason for the civil war was slavery. As a symbol of abuse of blacks by whites, this emblem of hate must be destroyed. Every usage must be forbidden. As an aside, three blacks were recently convicted of murder for killing a white boy, who had a confederate naval jack on his pick up truck.

William M Grimes-Wyatt, 1996-JAN-23

There are several reasons for people to retain the use of southern emblems.

Hatred of the North

The civil war was the first modern war waged upon civilian population. In an attempt to destroy the ability of the South to resist, their countryside was laid waste. The period of reconstruction (or occupation) lasted in one form or another for up to one hundred years. There are those that believe that the industrial North with many diverse immigrants still lords it over the rural south with its traditional values.

Anti-black sentiment

Just as blacks have rallied against the Southern symbols, whites have resisted just as fiercely.

Pride in the efforts of their forefathers to secure independence

The South has a heritage that is distinct from that of the North and revere the past.

There are those that believe that the Celtic ancestry of many Southerners leads them to glorify lost causes. Just as followers of Bonnie Prince Charlie survived for several generations, (indeed, some Scots still harbor hopes of independence today), there are those who insist that forgive fell. It is quite an affont for a Frenchman or Brit for example to call a Redneck, a Yankee.

William M Grimes-Wyatt, 1996-JAN-23

The only national legislative action ever taken, to the best of my knowledge, was the recent refusal of congress to extend the copyright of the Daughters Of the Confederacy's insignia, which included the Stars and Bars, due to political pressure by the black members of congress.

William M Grimes-Wyatt, 1996-JAN-24