The morning news. [volume] (Savannah, Ga.) 1887-1900, 1888-02-21

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puonc place, nor was any appropriation made
Tor the execution of the requirements of the act
The law of lsl4 was not followed in the dIspo-
Sitlon OF these flags by any of my predecessors
IN the war office 1t is not to be presumed that
! tins was an intended violation of the law, but
rather that the provisions of the act of 1914 were
not TO be considered applicable to the flags
taken from the Confederates in the war of the
rebellion, but applied only to flags taken from
foreign enemies. 1t is also to be noticed that
the Navy Department has made no attempt to
preserve or display the flags taken by the navy
during the war of the rebellion and that no ac-
tion was taken in accordance with the statute of
1914 by the President.
WHERE THEY ARE.
There are few in the naval academy at An
napollS; some were retained by officers who
captured them, and others are in possession of
historical societies. 1t is to be presumed that
the same construction was given by the Navy
Department to the act of 1914 as by the War
Department. The revised statutes approved
June p, 1874, re-enacted so far as this depart
ment is concerned the first section only of the
act of 1914, as follows
The Secretary of War shall from time to
time cause to be collected and transmitted to
him at the seat of government all such flags,
standards and cOlors as are taken by the army
from the enemies of the United StateS.'
This section is named in the resolutions of the
House, but it is to be observed that the other
sections named therein, viz: sections 42s, 1854
and ,555 of the revised statutes are applicable
not to the army, but to the navy alone. Since
the enactment of the revised statutes in 1874,
section 21S has been the only law upon this sub
Ject applicable to the army or War Depart
ment.
EXHIBITION NOT REQUIRED.
1t requires no exhibition or display of any
flags taken in the war; in any public place, and
open to the inspection of the public,
quire1 by the act of 1914, which was superseded
by the provisions OF the Revised Statutes. There
is now no law in the statute books requiring the
Secretary of War to display and open to the in
specton of the public flags Captured in the war,
for section 21S merely provides for their collec-
ton at the seat of government. In the autumn
of 1874, a portion of the flags were removed
from the office of the Superintendent of the
War Department Buildings, it is presumed by
oral direction Of the then Secretary of War, to
the ordnance museum in the Winder's building
and there placed on exhibition, and others were
sent TO the same place in 1873. The larger part
of the flags, however, still remained in the Office
of the Superintendent. Such was their custody
and place of deposit until October, 1889,
when all the flags, including those in the museum,
were, by direction of the Secretary of War boxed
and stored III room in the sub-basement of
the new State, War and Navy Building, then
first occupied by the War Department, where
they remained until January, 1887
AN INACCESSIBLE DEPOSITORY.
They were quite inaccessible in this place
and difficult to find and identify when it became
necessary to do so. 1t was also found that they
were decaying rapidly, and by direction of the
present Adjutant General they were taken from
their boxes and placed in room in the upper
sSs sfy can Of 5o s9 this visited Sudg anS exawheG %heo
1t is well known that in many cases United
States troops with the implied if not the ex-
press, consent of the War Department retained
the flags taken from Confederates in battle and
during the progress of the war. the Secretary
of War ordered several captured flags to be
stored to their captors. The list of the recap
tured Union flags given up TO their former own
ers is made part Of this report. Twenty-one
Confederate flags were given up prior to May,
1867, a list of which is annexed. Ten of those
were taken from the custody of the War Depart
ment and delivered to individuals. associations,
or States upon the written order of Mr.. Stan
ton, Secretary of War; two were given up on
an order signed by Assistant Adjt. Gen. Nichols
and nine were disposed of under instructions
not now ascertanable, but probably originating
with Mr.. Stanton.
BROKEN PROMISES.
Some of these were given up on promises
that they would be returned, which appeared
not to have been kept In January, 1887, q
Confederate flag was lent by Gen. Benet, acting
Secretary of War to W. T. Clark late Brigadier
GeneraI of limited States Volunteers
who had originally deposited it
at the War Department, and who promised in
writing to return it, but has not done so. Since
the date last mentioned no Confederate or re-
captured Union flag has been issued or lent by
this department and no Confederate flag has at
any time passed from the custody of the latter
to any of the States lately in rebellion. In
April, 1887, the Adjutant General addressed a
letter to the Secretary of War in which he sug-
gested the propriety of returning all flags
Union and Confederate) to the authorities of
the respective States in which the regiments
which bore these colors were organized for such
final disposition as they may determine.
APPROVED BY THE PRESIDENT.
This proposition was submitted to the Presi-
dent and was approved by him. Orders were
thereupon issued that letters be sent to the
Governors of the States whose troops carried
the flags deposited in the War Department,
proposing to return the same Such letters
sent to the Governors of the States referred
to in the order, but before any of these
flags were sent or delivered under the order
thus issued, the President upon further consd-
Grafton determined. THAT the return of these
flags in the manner contemplated is not author
lied by the existing law, nor justified as an ex-
ecutive act" The order of the department was
at once revoked and notice thereof duly issued.
None of the flags were given up. Several orders
and letters above mentioned are annexed to
this reply.