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The legal materials presented in this document are for educational purposes only. This article should not be considered as legal advice. All readers are advised to check all references on their own. Although all attempts have been made to report accurate information, no such accuracy is guaranteed. Please report any errors to the author of the text for correction. Daniel Towers Lewis, The Jural Society of Tennessee, and lewisdt.com do not encourage the use, or assume any liability for individuals who use any of the educational materials presented below. The quotation of the privately copy written statutory legislatively created case law and state and federal statutes and regulations is done without intent to create a use, WITHOUT INTENT TO VIOLATE THE PRIVATE COPYRIGHT, OF PRIVATE INTERNATIONAL LAW UNDER THE AUTHORITY OF PL 88-244 DECEMBER 30, 1963, and stands so unless lawfully protested by the concerned parties.

Before one can understand what the presence of certain flags signifies one must gain a basic understanding of flags in general. One can begin with simply defining the term and some related terms.

Flag A national standard on which are certain emblems; an ensign; a banner. It is carried by soldiers, ships, etc., and commonly displayed at forts, businesses and many other suitable places [Henry-Campbell: Black, Blacks Law Dictionary®, Sixth Edition, West Publishing Co. St. Paul Minnesota, 1990].

Nationa Pertaining or relating to the nation as a whole. Commonly applied in American law to institutions laws, or affairs of the United States or its government, as opposed to those of the several states [Henry-Campbell: Black, Blacks Law Dictionary®, Sixth Edition, West Publishing Co. St. Paul Minnesota, 1990].

Standard An ensign or flag used in war [Henry-Campbell: Black, Blacks Law Dictionary®, Sixth Edition, West Publishing Co. St. Paul Minnesota, 1990].

Ensign The flag or banner of a company of soldiers, an army, or vessel; the colors; a standard. Any signal to assemble or give notice [Webster’s Universal Dictionary of the English Language, The World Syndicate Publishing Company, New York, 1937].

Banner A flag; a military ensign or standard; an official emblem; as the star-spangled banner; an army with banners. A streamer, formerly borne at the end of a lance or spear, as the standard of a military chief, to mark a rallying pint [Webster’s Universal Dictionary of the English Language, The World Syndicate Publishing Company, New York, 1937].

All of the above definitions show flags, banners, or ensigns being used in a military context. This view of the use of the flag is reflected in its history. Milo Milton Quaife writes in The Flag of the United States [1942, Grosset & Dunlap, New York] about how flags came to be used. He begins by explaining that the basic social unit, the family, organizes itself into the sovereign state. All social groups seek some way of identifying themselves. When states go to war or are at sea the identification of members of that social structure becomes paramount. Sine the very beginning of history, warring nations have used symbols as a means of identifying their army. Egypt and the ancient Semitic countries used solid objects as a standard for battle. Among the Greeks the standard became the symbol of naval authority, and was thus the forerunner of the Admirals flag. About 400 B.C. the Athenian navy began using a primitive flag to distinguish the Admirals ship or as a call to battle. As the Roman Empire grew its armies advanced under a small square flag called the vexillum. These armies first introduced the use of the flag to the British Isles. In 1066, William the Conquer led his charge on England under a banner given to him by the pope. It was the Italian City states in the twelfth century that first used the flag as a symbol of the state. In Genoa one flag was employed by the commander-in-chief of the state and another by the common people. By the time of the exploration of the New World, the use of admiralty flags on ships had become common practice throughout Europe. The planting of a flag in the Americas was the way in which European Nations laid claim to the lands that they sought to conquer. From the definitions and history above we see that flags have traditionally been used in a military context.

Historically we see that flags around the world have been used in a military context. Tennessee state law actually specifies that flags must be displayed in courtrooms. Let us take a look at these laws. Under the authority of T.C.A. 5-7-108. Courthouse - Sheriff's power and duties.

(b) It is further the duty of the sheriff to see that the state and national flags as provided for in § 5-7-109 are properly displayed in each courtroom while such county legislative body is in session.

[Code 1858, § 413; Shan., § 505; Code 1932, § 757; Acts 1961, ch. 244, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 5-708.]

Under the authority of T.C.A. 5-7-109. Flags.

(e) Every county shall provide a flag of the United States and a flag of the state of Tennessee to be displayed in the courtroom of every court of record of the county while such court is in session. [Acts 1937 (3rd E. S.), ch. 20, § 1; C. Supp. 1950, § 102.1 (Williams, § 771.1); Acts 1961, ch. 244, § 2; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), § 5-709.]

T.C.A. 5-7-109 specifies that a flag of the United States and a flag of the state of Tennessee is to be displayed in the courtroom of every court of record of the county while such court is in session. The implications of the law only become apparent as one learns about the origin of the flag of the United States and the flag of the state of Tennessee.

The story of the American Flag actually begins in the middel of the story of the English flag. In 1606 when England and Scotland were united, a new flag called the Union Flag, combining the red cross of St. Gorge and the white cross of St. Andrew was created. In 1634 the King prohibited merchant ships from flying the Union flag, and a jack was developed to replace it. By the time of the Stuart Restoration it had developed the form of a red flag with the union flag in the first canton. From 1707 on the Union Flag and the red ensign were used aboard English ships at sea. The English army used these flags on land. The military use of the Union Flag in the colonies prior to the revolution was very common. About this same time the British East India Company began using the flag pictured below.

The Great Union Flag soon became known in the colonies as the “Union Flag,” the “Congress Fag,” and as the “Colours” of the United Colonies. In early 1776 the use of the Union flag had become standard among the colonial military. Revolution made the use of the Union Flag among the colonial army obsolete, for the army needed a way to distinguish itself on the field of battle.

On June 14, 1777 the Continental Congress passed a number of naval appropriations and a small resolution that simply read:

“Resolved that the flag of the United States be 13 stripes alternated red and white, that the Union be 13 stars white in a blue field representing a new constellation.”

With this resolution, the Continental Congress adopted a flag that varied only slightly from the Union Flag. The crosses of St. Andrew and St. Gorge were replaced with “13 stars white in a blue field.” The resolution did not specify specifics about the flag, so any number of variations was possible. An early version of the flag was that allegedly sown by Betsy Ross.

The flags used in the colonies at this time were designed out of the necessity of war. Every army needs a flag by which it can be identified. Ships at sea must be able to identify each other as well during a war. The Stars and Stripes was designed as a marine flag. It was not intended to be used as a battle flag on land. The American Army would not used the flag until several decades after its creation. On May 10, 1779 the Board of War decided that every regiment in the army should have tow colours—one the Standard of the United States, which should be the same throughout the Army, and the other a regimental colour. The board asked Washington to have Congress establish what the Standard of the United States and regimental flags should be. The Board of war desired that the army use a distinct flag from the Stars and Stripes adopted as the Marine Flag on June 14, 1777. The original flag contained thirteen stars and thirteen stripes, a obvious reference to the thirteen states in the Union. The addition of Vermont in 1791 and Kentucky in 1792 to the Union brought into question the validity of the use of a flag representing only thirteen states.

So on January 13, 1794 Congress passed a law modifying the flag of the United States:

Be it enacted by the Senate and the House of Representatives of the United States in Congress Assembled, That from and after the first day of May, Ano Domini, one thousand seven-hundred and ninety five, the flag of the United States, be fifteen stripes alternated red and white. That the Union be fifteen stars, white in a blue field.

The law was not without debate. Members of the House argued for a permanent flag, in light of the expected continued addition of states to the Union. Other members saw the whole issue as trivial. In short, the flag was not considered an important issue at this time. At this time most Americans had never seen the Stars and Stripes due to its restricted use in the military and as a marine flag. Tradition caused horizontal stripes to be adopted for use over military posts and vertical stripes adopted for use over civilian posts. The law of 1794 allowed for flags with both vertical and horizontal stripes. The number of stripes, and not their orientation were regulated by law. Most flags used were the military flags used by the Federal government. The use of civil flag was almost non-existent as it was cost prohibitive for most Americans. The Civilian Flags were rarely seen until U.S. Customs adopted the Civil Flag in it's enforcement of tax collection and inspection in ports as opposed to acts of war against merchant ships.

In 1790 Congress $10,000 to maintain 10 revenue cutters (ships) to enforce customs duties in the nations shipping ports. These ships were placed under the charge of customs collectors. Congress authorized the custom cutters to fire upon other vessels a gun shot warning if such vessels did not respond to a cutter's flag on March 2, 1799. This prompted Oliver Wolcott to submit to President John Adams a design for a new Custom Flag. The proposal defined the new Customs Flag with 16 stripes, one stripe for each State that had joined the Union by 1799 and turned the stripes vertical to show the civil nature of it's use as opposed to a military nature. For the Union, Wolcott proposed using the Arms of the United States, the American Bald Eagle, over a white field. The final version was approved on August 1st, 1799.

Although intended just for the Customs Office, the new civilian flag became adopted by customhouses and merchants to show their civilian nature as opposed to being under military control. The flag the Congress adopted in 1794 lacked any character of permanence. Obviously a more permanent design for the national banner was needed. Two years latter the admission of Tennessee to the Union made the flag of 1794 obsolete. The admission of Tennessee is reflected in the design of the United States Custom Flag seen above. By 1816 three more states had been added to the Union. The flags in use lacked uniformity, and all but ignored the proper design stipulated by the law of 1794. This lead to Congress passing the flag act of 1818, which was signed into law by President James Monroe on April 4, 1818:

Section 1. Be it enacted by the Senate and the House of Representatives of the United States in Congress Assembled, That from and after the fourth day of July next, the flag of the United States be thirteen horizontal stripes, altered red and white; that the union have twenty stars, white in a blue field.

Section 2 And be it further enacted, That on the admission of every new State into the Union, one star shall be added to the union of the flag; and that such addition shall take effect on the fourth of July next succeeding such admission.

The flag resulting from this law was primarily a naval flag. It was designed to be recognized at sea. The debates that occurred in congress concerning the passage of the law show this very clearly. The committee that devised the flag decided to represent the thirteen original states with a stripe, and each state in the Union with a star.

The law of 1818 specified the orientation of the stripes as horizontal. The placement of the stars and proportions of the flag were still left to the individual flag manufacture. It was in 1834 that the Army first began to carry the Stars and Stripes, used as a garrison flag. This event marked the first time a government agency prescribed specific details about the flag. These specifications arose from the army or the military branch of government, not the civil branch of government, the Congress. These regulations only applied to the army

The flag was to be made of bunting, and have thirteen horizontal stripes of red and white, beginning with a stripe of red. The blue union in the upper quarter near the staff, was to extend one-third the length of the flag, and downward to the lower edge of the fourth red stripe, counting from the top; in it was to be a star for each existing state.

The "Cartel for the Exchange of Prisoners of War between Great Britain and the United States of America," dated May 12, 1813 mentions a flag called the American Ensign. The exact origin and use of this flag is not known. A picture of the American Ensign may be found in Illuminated History of North America (1860). The American Ensign incorporates the blue stars similar to those of the Revolutionary war era Guilford Flag and the vertical stripes of the Civil Flag of the United States.

The Civilian Flag of the United States of America was flown, for over 100 years, by a select citizenry that could afford to buy them. Most used the design of the Customs Bureau and it's American Eagle, many used the design of the American Ensign. These were not official flags like those created by Congress for military use, but existed more or less by custom.

Nathaniel Hawthorne describes the Civil Flag of the United States for us in a chapter of the Scarlet Letter titled “The Custom House”. As Hawthorne gives a description of the Custom House in Salem he writes:

“From the loftiest point on its roof, during precisely three and a half hours of each forenoon, floats or droops, in the breeze or calm, the banner of the republic; but with the thirteen stripes turned vertically, instead of horizontally, and thus indicating that a civil, and not a military post of Uncle Sam’s government, is here established.”

Some historians believe that the Civil Flag was discontinued after the Civil War when the federal government imposed military governments in the States and disbanded civilian government. As a show of it's power over the States, Civil Flags were discontinued and Old Glory became the sole emblem representing the People of the United States of America, united under military (or admiralty) rule. This is illustrated by the mention in Andrew Johnson’s appeal to the people of Tennessee on March, 18, 1862, when he said in part “.... the President conducted this mighty contest, until as Commander-in chief of the Army, he has caused the national flag again to float undisputed over the Capitol of our State.”

The practice of using the Customs Flag as a Civil Flag became encoded in law in 1874 when Treasury Secretary William. A. Richardson required all customhouses to fly the Civil Flag. The Civil Flag had all but disappeared, by 1900, except for the occasional use by the government's revenue cutters and more recently, the Coast Guard with a modified design in 1915. At that time the U.S. Coast Guard became an independent bureau from the Treasury Department, absorbing the Revenue Cutter Service. The Civil Flag used by the cutter service was modified and adopted under Coast Guard authority, losing it's original significance of civilian authority, which by then, had been long forgotten as the Federal government acquired more control over the States and their citizens.

From the time of the Civil War onward, the government of the United States continued under military rule. All subsequent actions of congress and the President were carried our under the War Powers. The President acted under the authority of his office as Commander-in-Chief of the Armed forces. It was in this capacity that William Howard Taft issued his Executive order of June 24, 1912 specifying the size and demotions of the Flag of the United States. The Executive Order reads:

Executive Order.

It is hereby ordered that all National Flags and Union Jacks for the Department of the Government, with the exception noted under (a), shall conform to the following proportions:-

Hoist (width) of Flag -------------- 1

Fly (length) of Flag ---------------- 1.9

Hoist (width) of Union ------------ 7/13

Fly (length of Union --------------- .76

Width of each stripe --------------- 1/13

(a) - Exceptions: The colors carried by troops, and camp colors, shall be the sizes prescribed for the Military Service (Army and Navy).

Limitation of the number and size: With the exception of colors under note (a), the size of flags manufactured or purchased for the Government Department will be limited to those of the following hoists:

(1) - - - 20 feet

(2) - - - 19 feet (standard)

(3) - - - 14.35 feet

(4) - - - 12.19 feet

(5) - - - 10 feet

(6) - - - 8.94 feet

(7) - - - 5.14 feet

(8) - - - 5 feet

(9) - - - 3.52 feet

(10) - - - 2.90 feet

(11) - - - 2.37 feet

(12) - - - 1.31 feet

When in the manufacture of any flag under these specifications the resulting dimensions appear as fractions of an inch, such fractions shall be taken as the nearer inch. In the event of a fraction of one half inch, the whole inch greater shall be adopted.

Union Jacks: The size of the Jack shall be the size of the Union of the National Flag with which it is flown.

Number of Stars All National Flags having a hoist less than five (5) feet, except colors to be carried by troops, and the corresponding Jacks, shall have only thirteen (13) stars in the Union, in order that the identity of the stars may be plainly distinguishable.

Position and size of Stars: The position and size of each star for Unions of forty-eight (48) and thirteen (13) stars respectively, shall be a indicated on blueprint of a plan which will be furnished tot he Departments by the Navy Department. From this plan can be determined the location and size of stars for flags of any dimension. Extra blueprints of this plan will be furnished upon application to the Navy Department.

Order Effective: All National Flags and Union Jacks now on hand or for which contracts have been awarded shall continue in use until unserviceable, but all those manufactured or purchased for Government use after July, 4, 1912 shall conform strictly tot he dimensions and proportions herein prescribed.

William H. Taft

THE WHITE HOUSE

June 24, 1912

In 1959 President Dwight D. Eisenhower as Commander in Chief of the armed forces issued Military Executive Orders modifying the Flag of The United States to account for the admission of Hawaii and Alaska tot he Union. These specifications and orders became codified under the authority of 4 U.S.C. § 1, CHAPTER 1 - THE FLAG

Sec. 1. Flag; stripes and stars on The flag of the United States shall be thirteen horizontal stripes, alternate red and white; and the union of the flag shall be forty-eight stars, white in a blue field. (July 30, 1947, ch. 389, 61 Stat. 642.)

EXECUTIVE ORDER NO. 10798

Ex. Ord. No. 10798, Jan. 3, 1959, 24 F.R. 79, which prescribed proportions and sizes of flags until July 4, 1960, was revoked by section 33 of Ex. Ord. No. 10834, set out as a note under this section.

b EX. ORD. NO. 10834. PROPORTIONS AND SIZES OF FLAGS AND POSITION OF STARS

Ex. Ord. No. 10834, Aug. 21, 1959, 24 F.R. 6865, provided:

WHEREAS the State of Hawaii has this day been admitted into the Union; and WHEREAS section 2 of title 4 of the United States Code provides as follows: ''On the admission of a new State into the Union one star shall be added to the union of the flag; and such addition shall take effect on the fourth day of July then next succeeding such admission.''; and WHEREAS the Federal Property and Administrative Services Act of 1949 (63 Stat. 377), as amended (see Short Title note under section 471 of Title 40, Public Buildings, Property, and Works) authorizes the President to prescribe policies and directives governing the procurement and utilization of property by executive agencies; and WHEREAS the interests of the Government require that orderly and reasonable provision be made for various matters pertaining to the flag and that appropriate regulations governing the procurement and utilization of national flags and union jacks by executive agencies be prescribed:

NOW, THEREFORE, by virtue of the authority vested in me as President of the United States and as Commander in Chief of the armed forces of the United States, and the Federal Property and Administrative Services Act of 1949, as amended (see Short Title note under section 471 of Title 40, Public Buildings, Property, and Works), it is hereby ordered as follows:

PART I - DESIGN OF THE FLAG

Section 1. The flag of the United States shall have thirteen horizontal stripes, alternate red and white, and a union consisting of white stars on a field of blue.

Sec. 2. The positions of the stars in the union of the flag and in the union jack shall be as indicated on the attachment to this order, which is hereby made a part of this order.

Sec. 3. The dimensions of the constituent parts of the flag shall conform to the proportions set forth in the attachment referred to in section 2 of this order.

PART II - REGULATIONS GOVERNING EXECUTIVE AGENCIES

Sec. 21. The following sizes of flags are authorized for executive agencies:

Dimensions of Flag [Hoist (width) X Fly (length) in Feet]

(1) 20.00 x 38.00

(2) 10.00 x 19.00

(3) 08.95 x 17.00

(4) 07.00 x 11.00

(5) 05.00 x 09.50

(6) 04.33 x 05.50

(7) 03.50 x 06.65

(8) 03.00 x 04.00

(9) 03.00 x 05.70

(10) 02.37 x 04.50

(11) 01.32 x 02.50

Sec. 22. Flags manufactured or purchased for the use of executive agencies:

(a) Shall conform to the provisions of Part I of this order, except as may be otherwise authorized pursuant to the provisions of section 24, or except as otherwise authorized by the provisions of section 21, of this order.

(b) Shall conform to the provisions of section 21 of this order,except as may be otherwise authorized pursuant to the provisions of section 24 of this order.

Sec. 23. The exterior dimensions of each union jack manufactured or purchased for executive agencies shall equal the respective exterior dimensions of the union of a flag of a size authorized by or pursuant to this order. The size of the union jack flown with the national flag shall be the same as the size of the union of that national flag.

Sec. 24. (a) The Secretary of Defense in respect of procurement for the Department of Defense (including military colors) and the Administrator of General Services in respect of procurement for executive agencies other than the Department of Defense may, for cause which the Secretary or the Administrator, as the case may be, deems sufficient, make necessary minor adjustments in one or more of the dimensions or proportionate dimensions prescribed by this order, or authorize proportions or sizes other than those prescribed by section 3 or section 21 of this order.

(b) So far as practicable, (1) the actions of the Secretary of Defense under the provisions of section 24(a) of this order, as they relate to the various organizational elements of the Department of Defense, shall be coordinated, and (2) the Secretary and the Administrator shall mutually coordinate their actions under that section.

Sec. 25. Subject to such limited exceptions as the Secretary of Defense in respect of the Department of Defense, and the Administrator of General Services in respect of executive agencies other than the Department of Defense, may approve, all national flags and union jacks now in the possession of executive agencies, or hereafter acquired by executive agencies under contracts awarded prior to the date of this order, including those so possessed or so acquired by the General Services Administration, for distribution to other agencies, shall be utilized until unserviceable.

PART III - GENERAL PROVISIONS

Sec. 31. The flag prescribed by Executive Order No. 10798 of January 3, 1959, shall be the official flag of the United States until July 4, 1960, and on that date the flag prescribed by Part I of this order shall become the official flag of the United States; but this section shall neither derogate from section 24 or section 25 of this order nor preclude the procurement, for executive agencies, of flags provided for by or pursuant to this order at any time after the date of this order.

Sec. 32. As used in this order, the term ''executive agencies'' means the executive departments and independent establishments in the executive branch of the Government, including wholly-owned Government corporations.

Sec. 33. Executive Order No. 10798 of January 3, 1959, is hereby revoked.

Dwight D. Eisenhower.

Standard proportions

Hoist (width) of flag 1.0 A

Fly (length) of flag 1.9 B

Hoist (width) of Union 0.5385( 7/13) C

Fly (length) of Union 0.76 D

0.054 E

0.054 F

0.063 G

0.063 H

Diameter of star 0.0616 K

Width of stripe 0.0769 (1/13) L

A recent theory among researchers on the has been that the flag described in 4 U.S.C § 1 and following sections is a civilian flag. However the actual history of the Flag of the United States tells an entirely different story.

Since its inception in 1777 the Stars and Stripes has been used as a military flag. The flag with horizontal stripes described under the authority of 4 U.S.C. § 1, CHAPTER 1 was authorized by Executive Military Order and codified into law by a Congress, which since March 28, 1861 has been acting under Military Rule or Martial Law. As, such the flag of 4 U.S.C. § 1 is a Military Flag representing Martial Law and the suspension of Constitutionally guaranteed rights, including the common-law trial by jury. Flags act as heralds, announcing to others what their bearers represent. Only the long forgotten civil flag of the united States of America represents the Constitution and its guaranteed rights. A modern version of the civil flag of the united States is pictured below.

The State Flag of Tennessee

Unfortunately, the history of the Tennessee state flag is not as well known as that of the flag of the United States of America. Prior to 1861 no effort was made to adopt a state flag. It was common among the militias of the nineteenth century to carry blue flags decorated with the state seal. Such a militia flag may have been used by military troops in Tennessee.

The state government of Tennessee used the Civil Flag of the united States, whenever it was necessary to use a flag. Customarily a flag (usually the Civil Flag of the united States) was flown over the state capital when the legislature was in session. When the legislature met in special session in 1861, after Lincoln’s call for troops to invade the Confederate States, the legislature was unsure which flag to fly. Even the Civil Flag of the united States appeared inappropriate, as Tennessee might soon choose to join the Confederacy. The Confederate flag was considered inappropriate since Tennessee was still technically in the Union. On April 25, 1861, the first day of the special session, Tazwell B. Newman, Speaker of the Senate, introduced a resolution for the legislature to adopt a state flag. The design was similar to the Confederate Flag with the state seal replacing the circle of stars. This flag was never adopted by the legislature, as some felt it an obvious secession flag. However the flag experienced some limited use mainly in the regiments of Tennessee’s army.

Since the legislature never adopted the flag proposed by Newman, the flag pole on the capital remained empty until Tennessee finally voted to join the Confederacy. At this point the General Assembly authorized the National Confederate Flag to be displayed at the state capital. Although Tennessee was at war, a properly elected representative body took these measures. In this way the National Flag of the Confederacy actually became the flag representing Civil Government in Tennessee. The flag itself was of course never officially adopted to represent the state of Tennessee.

The take-over of Tennessee’s civil government was detailed above. While the state legislature did not adopt a state flag after the war, the Military Department did. On June 13, 1886 General R. W. Cantrell described the state flag in use by the Tennessee Militia at that time. It was similar to the Militia flags used prior to 1861.

On June 1st 1896, Tennesseeans celebrated the 100th anniversary as a member state of the American Union. The state did not begin its great Centennial Exposition until almost a year later. On April 30, 1897 the legislature finally adopted a state flag. The new flag represented the Grand Divisions of the state. The number “16” toward the end of the flag, represented Tennessee’s numerical order among the states. While the states nickname “THE VOLUNTEER STATE” was placed in the center section of the flag. The reader should recall, that in 1897 the legislature was still a military legislature, and as such the flag they authorized represented a military state under Martial Law. The flag was used at the 1897 Exposition and experienced some ceremonial use after 1897. The flag never became very popular. This accounts for the fact that many Tennessee historians do not know about the flag of 1897.

LeRoy Reeves, of the Third Regiment, Tennessee Infantry proposed the current design of the state flag of Tennessee. The General Assembly approved the flag as the official state flag by an act passed in 1905. As in 1897, the legislature of 1905 was still a military legislature operating under martial law. The flag they authorized was a military flag. The continued use of this flag represents the continuation of martial law in Tennessee. The description of the flag was codified in T.C.A. 4-1-301.

Under the authority of T.C.A. 4-1-301. State flag or banner.

(a) The flag or banner of this state shall be of the following design, colors and proportions, to wit: an oblong flag or banner in length one and two thirds (12/3) times its width, the principal field of same to be of color red, but the flag or banner ending at its free or outer end in a perpendicular bar of blue, of uniform width, running from side to side, that is to say, from top to bottom of the flag or banner, and separated from the red field by a narrow margin or stripe of white of uniform width; the width of the white stripe to be one fifth (1/5) that of the blue bar; and the total width of the bar and stripe together to be equal to one eighth (1/8) of the width of the flag. In the center of the red field shall be a smaller circular field of blue, separated from the surrounding red field by a circular margin or stripe of white of uniform width and of the same width as the straight margin or stripe first mentioned. The breadth or diameter of the circular blue field, exclusive of the white margin, shall be equal to one half (1/2) of the width of the flag. Inside the circular blue field shall be three (3) five-pointed stars of white distributed at equal intervals around a point, the center of the blue field, and of such size and arrangement that one (1) point of each star shall approach as closely as practicable without actually touching one (1) point of each of the other two (2) around the center point of the field; and the two (2) outer points of each star shall approach as nearly as practicable without actually touching the periphery of the blue field. The arrangement of the three (3) stars shall be such that the centers of no two (2) stars shall be in a line parallel to either the side or end of the flag, but intermediate between same; and the highest star shall be the one nearest the upper confined corner of the flag.

(b) (1) It is an offense to knowingly manufacture or sell a state flag which is not in compliance with subsection (a).

(2) The provisions of this subsection shall apply only to flags that are manufactured, sold or offered for sale as official state flags and shall not apply to miniature flags or flags manufactured, sold or offered for sale as souvenirs, novelties, decorations or toys.

(3) A violation of this subsection is considered a deceptive business practice and punishable as provided in § 39-14-127.

Proper display of flags

Under the authority of T.C.A. 5-7-108 (b) It is further the duty of the sheriff to see that the state and national flags as provided for in § 5-7-109 are properly displayed in each courtroom.

Under the authority of 36 U.S.C., CHAPTER 10 - PATRIOTIC CUSTOMS, § 173 and following Display and use of flag by civilians; codification of rules and customs; definition

The following codification of existing rules and customs pertaining to the display and use of the flag of the United States of America is established for the use of such civilians or civilian groups or organizations as may not be required to conform with regulations promulgated by one or more executive departments of the Government of the United States. The flag of the United States for the purpose of this chapter shall be defined according to sections 1 and 2 of title 4 and Executive Order 10834 issued pursuant thereto.

(June 22, 1942, ch. 435, Sec. 1, 56 Stat. 377; Dec. 22, 1942, ch. 806, Sec. 1, 56 Stat. 1074; July 7, 1976, Pub. L. 94-344, Sec. 1(1), 90 Stat. 810.)

Under the authority of 36 U.S.C. § 175. Position and manner of display

(c) No other flag or pennant should be placed above or, if on the same level, to the right of the flag of the United States of America, except during church services conducted by naval chaplains at sea, when the church pennant may be flown above the flag during church services for the personnel of the Navy. No person shall display the flag of the United Nations or any other national or international flag equal, above, or in a position of superior prominence or honor to, or in place of, the flag of the United States at any place within the United States or any Territory or possession thereof: Provided, That nothing in this section shall make unlawful the continuance of the practice heretofore followed of displaying the flag of the United Nations in a position of superior prominence or honor, and other national flags in positions of equal prominence or honor, with that of the flag of the United States at the headquarters of the United Nations.

(d) The flag of the United States of America, when it is displayed with another flag against a wall from crossed staffs, should be on the right, the flag's own right, and its staff should be in front of the staff of the other flag.

(e) The flag of the United States of America should be at the center and at the highest point of the group when a number of flags of States or localities or pennants of societies are grouped and displayed from staffs.

(f) When flags of States, cities, or localities, or pennants of societies are flown on the same halyard with the flag of the United States, the latter should always be at the peak. When the flags are flown from adjacent staffs, the flag of the United States should be hoisted first and lowered last. No such flag or pennant may be placed above the flag of the United States or to the United States flag's right.

(g) When flags of two or more nations are displayed, they are to be flown from separate staffs of the same height. The flags should be of approximately equal size. International usage forbids the display of the flag of one nation above that of another nation in time of peace.

(i) When displayed either horizontally or vertically against a wall, the union should be uppermost and to the flag's own right, that is, to the observer's left. When displayed in a window, the flag should be displayed in the same way, with the union or blue field to the left of the observer in the street.

Under the authority of 36 U.S.C. § 176. Respect for flag

No disrespect should be shown to the flag of the United States of America; the flag should not be dipped to any person or thing. Regimental colors, State flags, and organization or institutional flags are to be dipped as a mark of honor.

(a) The flag should never be displayed with the union down,except as a signal of dire distress in instances of extreme danger to life or property.

(g) The flag should never have placed upon it, nor on any part of it, nor attached to it any mark, insignia, letter, word, figure, design, picture, or drawing of any nature.

(j) No part of the flag should ever be used as a costume or athletic uniform. However, a flag patch may be affixed to the uniform of military personnel, firemen, policemen, and members of patriotic organizations. The flag represents a living country and is itself considered a living thing. Therefore, the lapel flag pin being a replica, should be worn on the left lapel near the heart.

(June 22, 1942, ch. 435, Sec. 4, 56 Stat. 379; Dec. 22, 1942, ch. 806, Sec. 4, 56 Stat. 1076; July 7, 1976, Pub. L. 94-344, Sec. 1(12)-(16), 90 Stat. 812.)

THE LAW OF THE FLAG and the Identification of Military Courts in the county of Hamilton, in the State of Tennessee

Under the authority of HAMILTON COUNTY COURT RULE 4.01,

"The space within the bar in the courtroom is reserved for attorneys and for litigants actually engaged in trial. All other persons will be seated outside the bar."

Under the authority of Article 94 of the UNITED NATIONS CONVENTION ON THE LAW OF THE SEA Signed at Montego Bay, Jamaica, 10 December 1982 Entry into force: 16 November 1994:

Duties of the flag State 1. Every State shall effectively exercise its jurisdiction and control in administrative, technical and social matters over ships flying its flag. 2. In particular every State shall: (a) maintain a register of ships containing the names and particulars of ships flying its flag, except those which are excluded from generally accepted international regulations on account of their small size; and (b) assume jurisdiction under its internal law over each ship flying its flag and its master, officers and crew in respect of administrative, technical and social matters concerning the ship.

Government. From the Latin gubernaculum. Signifies the instrument, the helm, whereby the ship to which the state was compared, was guided on its course by the "gubernator" or helmsmen, and in that view the government is but an agency of the state, distinguished as it must be in accurate thought from its scheme and machinery the government. [Henry-Campbell: Black, Blacks Law Dictionary®, Sixth Edition, West Publishing Co. St. Paul Minnesota, 1990]

In his appeal to the people of Tennessee on March, 18, 1862, Andrew Johnson said in part:

.... the President conducted this mighty contest, until as Commander-in chief of the Army, he has caused the national flag [Military Flag] again to float undisputed over the Capitol of our State, Meanwhile the State government has disappeared. The Executive has abdicated; the Legislature has dissolved; the Judiciary is in abeyance. The great ship of state, freighted with its precious cargo of interests and human hopes, its sails all set, and its glorious old flag unfurled, has suddenly been abandoned by its officers and mutinous crew, and left to float at the mercy of the winds, and to be plundered by every rover upon the deep.... I have been appointed, in the absence of the regular and established State authorities, as Military Governor for the time being, to preserve the property of the State, to give the protection of law actively enforced to her citizens, and, as speedily as may be, to restore her government to the same condition as before the existing rebellion.... [Graph, LeRoy P, and Ralph W. Haskins, Ed. The Papers of Andrew Johnson, Volume 5, 1861 - 1862, page 211].

Under the authority of Army Regulation 840-10, AR 840-10 Heraldic Activities: Flags, Guidons, Streamers, Tabards, and Automobile and Aircraft Plates.

1-1. Purpose This regulation prescribes the design, acquisition, display, and use of flags, guidons, streamers, automobile and aircraft plates, and tabards by the Department of the Army (DA) organizations and personnel. It is the authority for these items and their basis of issue. It also describes the flags used by the President, Vice President, officials of the Department of Defense (DOD) and Chairman of the Joint Chiefs of Staff (JCS), and other flags.

2-1. Authorization b The Flag of the United States must always be of current design as prescribed by Title 4 U.S.C. 1 and 2 [see above]. The United States flag will always be displayed indoors or carried in ceremonies when any other flags are displayed or carried.

2-3. Size and occasions for display b National flags listed below are for indoor display and for use in ceremonies and parades For these purposes the United States flag will be rayon banner cloth, trimmed on three sides with golden yellow fringe, 2 1/2 inches wide. It will be the same size as the flags displayed or carried with it.

c. Authorization for indoor display. The flag of the United States is authorized for indoor display for:

(4) Each military courtroom.

2-4. Position and manner of display (d) With State flags When the flag of the United States is displayed with State flags, all flags will be displayed from separate staffs of equal height set on the same level.

1-6. Restrictions (e) Unauthorized use of official flags, guidons, and streamers. There is no law that permits the sale, loan, or donations of flags, guidons, or streamers to individuals or organizations not in the military service except as indicated in paragraph (1) [§ 1 refers to the use of flags in educational institutions] and (2) [§ 2 refers to the use of flags by retired general officers] below.

Under the authority of The Liber Code, Washington D.C., April 24, 1863 ARTICLE I:

Martial Law established under the authority of General Orders No. 8, of February 22, 1862, issued by General U.S. Grant for the establishment of Martial Law in West Tennessee,

Extended over the whole State of Tennessee, by the appointment of Andrew Johnson as Military Governor,

And extended to all areas in rebellion by General Orders No. 141, of September 25, 1862, issued by Abraham Lincoln for the establishment of martial law and the suspension of the writ of habeas corpus in the United States,

Martial law continues, as evidenced of the continued presence of the United States Army in Tennessee under the authority of Article I, The Liber Code, Washington D.C., April 24, 1863, AGAINST THE PEACE AND DIGNITY OF THE STATE.

Control of the United States Districts

Under the authority of Executive Order number 6726 of May 29, 1934, the Division of Territories and Island Possessions was established in the Department of the Interior. The Division of Territories and Island Possessions is being administered under the direction and supervision of the Secretary of the Interior.

Under the authority of 43 U.S.C. § 1451 Congress established at the seat of government an executive department known as The Department of the Interior. The Secretary of the Interior is the head of The Department of The Interior.

Under the authority of 43 U.S.C. § 1457 the Secretary of the Interior is supervising the Division of Territories and Island Possessions.

The Presidential administration and military nature of the United States District of Tennessee is further evidenced by the placement of a Flagstaff head (final) upon flags displayed in Tennessee. Under the Authority of Army Regulation 840-10, Chapter 8 FLAGSTAFF AND FLAGSTAFF HEADS (FINALS), § 8-2:

Flagstaff head (final). The flagstaff head (final) is the decorative ornament at the top of a flagstaff.

a. Only the following are authorized:

(1) Eagle -- Presidential flagstaff

(2) Spearhead -- Army flagstaff

(3) Acorn - Markers and marking pennants flagstaffs.

(4) Ball -- Advertising and recruiting flagstaff.

This does not restrict the display of a State flag from a staff bearing a State device, when National and other flags are displayed from adjacent flagstaffs.