Stars & Bars

The Confederate Flag

If I could get political for a moment….

The Confederate Flag

First of all, I have to say that it blows my mind that a flag associated with a country that hasn’t existed since 1865 is somehow a hot button topic in 2015, almost exactly 150 years later. I realize that there is some wisdom in the George Santayana quote that “Those who cannot remember the past are condemned to repeat it.”

The trouble is that those clinging to the Confederate flag aren’t remembering or repeating the past, it seems they are actively trying to stop the past from being the past and keep it in the present.

There are obviously a lot of issues around the display of the flag in question, notably First Amendment rights. So, yes, under the doctrine of Freedom of Speech, private individuals and entities can absolutely fly the flag if they so desire. I’d just urge them to remember that Freedom of Speech doesn’t mean freedom from the consequences of that speech.

I do feel like this particular flag shouldn’t be flown from government buildings though, as it is a flag of treason, quite apart from the ugly baggage of hate and racism that so resonated with Dylan Roof as an inspiration for his terrorist acts of murder.

I don’t say treason lightly, but that is absolutely what the Confederate States of America did, they committed treason against the United States of America by any reasonable definition, such as this one:

“Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort.”

Which the more astute among you might recognize as the first sentence of Article III, Section 3 of the Constitution of the United States of America. I think it’s pretty darn obvious that by beginning the bombardment of Fort Sumter in Charleston, South Carolina at 4:30AM on April 12, 1861, the Confederate States had begin “levying War” against the United States. So that seems like a very cut and dried definition of treason.

So, I’ll ask again, why would any government organization in the United States (or any truly patriotic individual) want to fly a flag that explicitly supports treason against those very United States?

“It’s about heritage!”

I can kind of understand this argument a little bit, after all, I certainly celebrate my heritage as an Englishman and a Brit. I even do so by flying flags, in fact I have a version of this flag behind me as I type:

United Kingdom Flag

The National Flag of the United Kingdom.

Of course, one difference between the United Kingdom and the Confederacy is that the former is still an extant nation state, as is another region of the area, whose flag I sometimes display during certain sporting events, such as the World Cup, where Britain is split into its constituent countries:

Flag of England

The Flag of England

Again, though, unlike the Confederacy, England is still an existing country, and that is a de facto national flag. England also didn’t try to secede from the larger country it was a part of and then lose a war to the United States as a direct consequence of that secession.

Obviously, Britain did lose a war to the United States in the late 1770’s. I believe that victory in that war was celebrated on the fourth of this very month. This is true, and is one of the reasons I don’t fly this flag, which was the flag of Britain at the time of the American War of Independence:

The King's Colours - The British Flag at the time of the American Revolution

British Flag circa 1776

I don’t fly that flag because 1)it represents a nation that no longer exists (Great Britain pre-Northern Ireland – though that’s a complex enough issue on it’s own), 2) it represents a force that fought a war against the country I currently live in and support, and 3) it represents the losing side of that war. Astute readers will realize that all three criteria equally apply to the Confederate flag.

So, while I understand the heritage argument for the Confederate flag, I have a few issues with it. Firstly, as something of an amateur vexillologist (flag nerd – which is probably obvious from the above), the flag under discussion is not technically the flag of the Confederacy. There’s actually a choice of three different flags that could be considered Confederate national flags and thus might be argued to represent the heritage of the Southern states.

Firstly, there’s the original Confederate national flag – the so-called “Stars & Bars”

Stars & Bars

The First National Flag of the Confederate States of America

This particular flag was used from 1861-1863, with a few variations. Like the flag of the United States, each start represented a state that was a member of the Confederacy, which meant that it started with 7 stars and finished with the 13 you see in the picture. Though, like much else with the American Civil War, there is disagreement on whether the Confederacy had 11 or 13 member states by the end of the war. This would seem like a natural flag to celebrate one’s heritage, though it was disliked at the time for being too similar to the United States flag, leading to battlefield confusion when it was hanging limp on a flagstaff.

Which is why the Confederacy changed to a second flag, the so-called “Stainless Banner,” as designed by William T. Thompson.

Stainless Banner

The Second National Flag of the Confederate States of America

This flag could also be used to celebrate Southern heritage, though it might be a little bit more problematic as in the April 23, 1863 edition of the Daily Morning News, the designer did state that the primarily white field represented

“As a people we are fighting maintain the Heaven-ordained supremacy of the white man over the inferior or colored race; a white flag would thus be emblematical of our cause.”

Which does make the heritage that this version of the flag represent rather more problematic in that the hateful racism is baked into the very intent of the flag itself. This flag was also controversial in that it features a battle flag emblazoned on the white field that’s associated with the flag of truce. And once again, when it was hanging limp on the flagstaff (suggesting that these flags could all do with a Viagra dose) it looked too much like another flag, the white flag of truce or surrender, which caused confusion, and I have to imagine was less than inspiring to those who marched under it. So, a third national flag was employed by the Confederate States of America, the so-called “Blood Stained Banner:”

The "Blood Stained Banner"

The Third National Flag of the Confederate States of America

Granted, this third flag saw very little use as it was only made official in 1865, which students of history might recall as the year that the Confederacy lost the civil war.

Oddly though, when people talk about the heritage and honoring of the Confederacy, they don’t fly any of the actual official flags of the Confederacy, which would make sense. Instead they tend to use this design

The Modern 'Confederate Flag'

Rectangular version of the Flag of the Army of Northern Virginia/Army of Northern Tennessee

Which really only makes sense if the heritage they are honoring is that of the Army of Northern Virginia, or the Army of Tennessee, and even in those cases, this flag is a slightly bastardized version of that, as the proportions are different and the white borders are missing, so not only is it a very strangely specific heritage that is claimed to be celebrated, it’s an inaccurate specific heritage.

And of course it’s worth noting that the Armies in question were fighting a treasonous war against the United States for the ability to keep enslaving human beings.

“The Civil War was About State’s Rights, not Slavery”

Oh, really? Then there wouldn’t be language in the Constitution of the Confederate States of America that would restrict the rights of the member states from doing certain things, such as this:

“No bill of attainder, ex post facto law, or law denying or impairing the right of property in negro slaves shall be passed.”

Article I, Section 9(4) of the Constitution of the Confederacy

Which, in addition to the principles of the United States Constitution that it’s mirroring, prevents the States from abolishing slavery if they so chose. So that’s at least one less right for the States of the Confederacy, and it’s a large one. It’s also concerned with slavery, which isn’t really a surprise, as preserving slavery was a bedrock cause for the Confederacy in the Civil War, as can be ascertained by looking at the various declarations of secession.

Firstly, an extract from the South Carolina Declaration of Causes of Secession:

“We affirm that these ends for which this Government was instituted have been defeated, and the Government itself has been destructive of them by the action of the non-slaveholding States. Those States have assumed the right of deciding upon the propriety of our domestic institutions; and have denied the rights of property established in fifteen of the States and recognized by the Constitution; they have denounced as sinful the institution of Slavery; they have permitted the open establishment among them of societies, whose avowed object is to disturb the peace of and eloin the property of the citizens of other States. They have encouraged and assisted thousands of our slaves to leave their homes; and those who remain, have been incited by emissaries, books, and pictures, to servile insurrection.”

Next up, from Mississippi’s Declaration of Causes of Secession:

“Our position is thoroughly identified with the institution of slavery– the greatest material interest of the world. Its labor supplies the product which constitutes by far the largest and most important portions of commerce of the earth.”

Or perhaps we should look to Florida’s unpublished Declaration of Causes:

“The Congressional halls where the members should meet with fraternal feelings, a just regard for the interests of all the States there represented and respect for the feelings of all its members has been prostituted to the daily denunciation and vituperation of the slave holding States as sanctioning oppression robbery and all villainies, thus subjecting the members from these States to the degradation of gross and constantly repeated insults, and compelling the exclusion from our public press of the debates of our national Legislature or the circulation of the most incendiary matter.”

The fourth State to secede, Alabama, didn’t have a Declaration of Causes, but in the speech that announced the state’s secession, Robert Hardy Smith did say:

“We have now placed our domestic institution, and secured its rights unmistakably, in the Constitution. We have sought by no euphony to hide its name. We have called our negroes ‘slaves’, and we have recognized and protected them as persons and our rights to them as property.”

The fifth seceding state, Georgia, did have a Declaration of Causes, and a rather lengthy one at that which begins with the issue of slavery front-and-center:

“The people of Georgia having dissolved their political connection with the Government of the United States of America, present to their confederates and the world the causes which have led to the separation. For the last ten years we have had numerous and serious causes of complaint against our non-slave-holding confederate States with reference to the subject of African slavery. They have endeavored to weaken our security, to disturb our domestic peace and tranquility, and persistently refused to comply with their express constitutional obligations to us in reference to that property, and by the use of their power in the Federal Government have striven to deprive us of an equal enjoyment of the common Territories of the Republic.”

Louisiana, the sixth state to join the Confederacy, also didn’t have a formal Declaration of Causes but the Inaugural Address of Governor Thomas Overton Moore, the driving force behind the state’s secessionist movement, left no doubt as to his reasoning:

“So bitter is this hostility felt toward slavery, which these fifteen states regard as a great social and political blessing, that it exhibits itself in legislation for the avowed purpose of destroying the rights of slaveholders guaranteed by the Constitution and protected by the Acts of Congress… [in] the North, a widespread sympathy with felons has deepened the distrust in the permanent Federal Government, and awakened sentiments favorable to a separation of states.”

We’re back to Declarations of Causes for Texas, the seventh Confederate State:

“She was received as a commonwealth holding, maintaining and protecting the institution known as negro slavery– the servitude of the African to the white race within her limits– a relation that had existed from the first settlement of her wilderness by the white race, and which her people intended should exist in all future time.”

And Virginia, state number eight, also has a Declaration of Causes, though it is the one that has least to say about slavery thus far:

“The people of Virginia, in their ratification of the Constitution of the United States of America, adopted by them in Convention on the twenty-fifth day of June, in the year of our Lord one thousand seven hundred and eighty-eight, having declared that the powers granted under the said Constitution were derived from the people of the United States, and might be resumed whensoever the same should be perverted to their injury and oppression; and the Federal Government, having perverted said powers, not only to the injury of the people of Virginia, but to the oppression of the Southern Slaveholding States.”

Arkansas’ secession was a bit more complex, though one of the resolutions passed at the second secession convention makes one of the causes clear:

“1st.  Resolved, That the platform of the party known as the black republican party, contains unconstitutional dogmas, dangerous in their tendency and highly derogatory to the rights of slave states, and among them the insulting, injurious and untruthful enunciation of the right of the African race in this country to social and political equality with the whites.”

So, if the Civil War wasn’t primarily about slavery, why did nine of the eleven member states reference slavery explicitly in the run up to their seceding? I’ll allow that in the cases of North Carolina & Tennessee were likely driven to secession by concerns about internal defense given their locations within the South.

Fundamentally, the Civil War was clearly about slavery, and the Confederacy was pro-slavery, so if you’re flying a flag ito show solidarity and heritage with the Confederacy, that flag is representative of racism, as teh heritage of the Confederate States is slavery and hate.


3 thoughts on “The Confederate Flag

  1. 1.) Your British flag is the flag of a country that introduced opium addiction to China, enslaved the Irish, and invaded America. How dare you fly such an offensive flag anywhere?

    2.) The Constitution allows slavery pre-1808. Just before the Civil War, congress extended an olive branch called the Corwin Agreement. It would’ve allowed slavery to go on indefinitely, but the South refused it. If slavery was the issue, why was the Corwin Agrement offered?

    3.) Lincoln’s own words at the Lincoln-Douglas debates: “I will say in addition to this that there is a physical difference between the white and black races which I believe will forever forbid the two races living together on terms of social and political equality. And inasmuch as they cannot so live, while they do remain together there must be the position of superior and inferior, and I as much as any other man am in favor of having the superior position assigned to the white race.” He was hardly in favor of equal rights, so again, I don’t think slavery was the issue.

    4.) “Do the Germans get to fly Nazi flags?” No, but only because America removed their military and has dominated them ever since. And Germany invaded countries, the South only tried to leave one. And I don’t live in Germany.

    5.) in 1860 people considered themselves a resident of their state, not country. They would write, “The United States are…,” not, “The United States is…” People fought for their homes and states.

    Oh, look. Somebody read and commented on your blog. How exciting.

    • Thanks for taking the time to comment, it is appreciated. As to your points

      1) Oh, I’m not denying that the British flag also represents a whole lot of nasty stuff from the wrong side of history, as does every other flag of existing nations, none are perfect. Though I’d point out that Arab traders had introduced Opium to China back in the 7th Century Tang Dynasty, so the Brits didn’t introduce opium to that country (but yes the Opium Wars and Boxer Rebellion period are not proud moments for Britain), also last I checked, Amerigo Vespucci, Christopher Columbus and/or Leif Erikson beat Britain to America and that whole colonizing/invading thing. As for the Irish, guilty as charged, unfortunately.

      2) & 3) I’m not familiar enough with the Corwin Agreement to be able to answer this accurately, I’ll do some research and maybe a follow up. Though I imagine it was offered to try and preserve the Union. Also, the fact that it was some 50+ years before the establishment of the Confederacy makes me think it’s at best a red herring in regards to the Confederate flag.

      As for Lincoln, yes he was probably a bigot and racist by 21st Century standards, but I would recommend the chapter in James Loewen’s Lies My Teacher Told Me on Lincoln and race for a more in depth look at the man and his private views on slavery et cetera than I can get into on a blog post.

      4) As the territory that the Confederate States of America claimed as their own was part of the United states of America at the time of the Civil War, technically the South was invading another sovereign nation by attempting to leave. If that wasn’t the case, their wouldn’t have been battles after all….

      Also, you don’t live in the Confederate States of America (as that no longer exists) any more than you do Germany.

      5) “The United States are…” vs. “the United States is…” might be me making a mistake using British English grammar vs. American English grammar. It’s one of those two nations divided by a common language bits.

      And I am pleased that you commented on my blog, though not particularly excited. My apology in that it took so long to approve your comment to make it visible, as it tripped my WordPress spam filters.

  2. Good post, nice to see history included, but for me I think you said it all right at the beginning: “Freedom of Speech doesn’t mean freedom from the consequences of that speech”. If you’re flying this hateful flag and are honestly unaware that it’s hateful, that’s your fault. Meanwhile the rest of us will continue to object to it, as is OUR free speech right, because it IS hateful and there is no place for it here.

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