USA > New York > Albany County > Albany > Albany bi-centennial. Historical memoirs > Part 31
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50
Day Line Steamboats 100
Gideon Lodge
25
Delavan House.
350 | Granger & Story
100
Devine, Thomas J
50 | Gaus, C. H. 5
Dey Ermand, Wm.
50 | Gay & Quinby. 25
Dickson, W. J., Jr
5 Gregory, Geo. Stuart. 5
Dearstyne, C. F
Io Gick & Sayles 10
Deitz, Lewis
Io Gazeley, James 25
Day, John H
25 | Gips & Bro., E IO
De Witt, A. V.
20 Gray, S. R. 25
Davenport, S. J
5 Gregory, C. D
Delehanty, M. & Son
25 'Geer, Robert.
20
Devine, J. H.
5 Gibson, R. W
10
De Witt, Ira.
5
Globe Hotel.
100
Dawson, George S. Post
10 | Gloeckner, S
5
Davidson, G. G
IO Goldsmith, S
2
Danaher, Franklin M.
5 Guion, William 5
Dwight, Harvey A
10 | Goold, J. & Co. 25
Dorr, Henry.
50
Gould, Wm. Jr. & Co 25
Dumary & Farrell
50 Gould, Anthony. 50
Dobler Brewery.
100 Gomph, William C. 2
Dun, R. G., & Co.
25 Guthmann & Bro., R 10
25
Doane, Rt. Rev. Wm. C.
10 : Hackett, Edward F 50
20
Durant, E. P
IO Hale & Bulkley. 25
Dugan, John.
15 Harris, Hamilton 20
Evertsen, Evert. 5 Harris, Samuel C. 5
Exchange Bank, Nat'l. 250 Hall, Parker IO
396
Dyer, Bradbury
25 Groesbeck, A. E.
Dunham, J. W. & Co. 20 Hackett, T. M. & Company,
10
Delaware & Hud. Canal Co .. 1,000 ; Gannon, John G
5
Fuller & Wheeler 10
Cash
10
Hickey, S. M. $750 |
Lee, James $2
Heiser, M. & Co. IO
Lewis, R. P. & Son 25
Hein, Morris 20 " Legislative Ball Match " 32
Hinckle, F., estate 250 Littlefield, H. C
Hendrick, James
25 Lansing, A. 50
Heusted, A. B.
5 Little, W. C. & Co 25
Hedrick, John F
50
Hill, D. B.
10
La Grange, S. D IO
Hess, Isban.
Hamlin, C. J
5 Lawson, Isaac 5
Hobbs, E. A.
5 Lawson, J. M 5
Hodgkins, S. C
5 Lansing, Richard IO
Howell, E. W.
Liscomb, O. P. 10
Hoy, John.
10 | Lansing, G. Y.
5
" Huylers "
25
La Moure, U. B., Dr IO
Hussey, W. M.
10 Lawrence R. & Bro 10
5
Hyatt, Chas. M
5
Lyon, J. B. & Co
5
Hudson Valley Paper Co Hun, M. T
25
Long & Silsby IO
Hun, L. G.
25 Mechanics & Farmers' Bank, 250
Hurlburt, G. D. W
2 Merchants' National Bank.
250
Hydeman, M. M.
10| Meneely, George R
25
Huyck & Argersinger
25 Mather Bros.
100
Hughson & Company .
50 Mansion House
50
Hun, Thomas ..
25 Messenger House
50
Hun, Dr. Henry
15 Mitchell, William 50
Hunter, H. Hoff.
5 Mack & Company 50
Isaacs, J.
2 Miller, L. & Bro. 5
Industrial School
125 : Marshall & Wendell Piano Co. 50
Johnston & Reilly
250 Mann, Waldman & Co 50
" Journal Company "
100 Mix, James 25
Johnston, W. S. & Bro
50 Marvin, S. E 25
Jones, Charles E.
25 Miller, G. D.
5
Johnson & Johnson
25 Mead, J. H. & F. A IO
Johnson, B. W.
5
Mayell, H. & Son 20
Kenmore Hotel 200
Mead & Hatt. 10
Keeler, W. H
25
Meegan, E. J 25
King, Rufus H
250
Miller, A. R. 5
King, J. Howard.
250
Manning, James II 25
Kinnear, Peter.
25 Mattoon & Robinson 25
Kip, Leonard
IO Miller, S. Ed., Jr 5
Killeen, William M
5 Marx Brothers. 25
King, W. H
10 Miller, Charles, Jr
5
Laventall, J.
10 Miller, Wm. D.
5
Livingston, W. H
25 Merrill, C. S. IO
Levy, S. & Bro.
5 Mills, Arthur D
5
Lansing, J. Townsend
50 : Martin, E. P. 10
Lansing, Charles B.
150 | McElveny, D. 25
Leonard & Youngman
25 Mckinney, J. & Son 100
Larrabee, E. J. & Co.
50 McClure, Archibald. 100
Jermain, James
20
Mills, C. H. 5
Keeler, John. 100
Marsh & Hoffman
25
Hutman, John S
5 Lord, E. J.
25 Lodge, Gideon. 25
Lansing, E. Y 5
Hotaling, L
Lawrence & Stewart 5
10 Learned, Wm. L. 25
397
McElroy, J. E. $25
Parker, A. J., Jr. $25
McCredie, Thomas
50
Parker, Amasa J. 25
McCurdy, John A 25 Patton & Company 25
McArdle, John .. 5 Patterson, P. J.
IO
McNamara, M. G IO
Prentice, E. P., estate 100
McClure, W. H 25
Payn's, B. Son 5
McArdle, P. J.
25
Parsons, J. D 5
Mc Hench, D. B.
IO
People's Line Boats 500
McCall, H. S., Jr
5
Pladwell, J. & Son
5
McHugh, J. H.
5 Paige, Leonard ..
3
McQuade, James.
25
Pruyn, Robert C.
250
McEwen, John.
IO Pohly & Company
25
McHaffie, L., Miss
5 Price, Joseph J
25
McDonough, M.
10 Pruyn, Charles L
100
Mckinlay & Co
25 Pierson, H. R.
50
McElroy, James
5
Pike & Capron
50
Mount Vernon Lodge.
50
Potts, Jesse C.
20
Moore, R. H. & Zimmerinan,
25
Pruyn, J. V. L.
25
Mordecai Lodge, No. 96.
IO
Public School 25
$3.75
Morris, R. S
10
Porter, C. H.
IO
Moir, James.
25
Pohlman, J. D
50
Morange, J. W
10
Quinn, B. 5
Quinn & Nolan. 500
IO
Municipal Gas Company. 250
Quayle, R. K.
30
Muller, W. L. (Elmira) 25
Quinby, John H
25
N. Y. State National Bank ..
250 ' Rathbone, Clarence.
25
National Commercial Bank ..
250
Rathbone, Sard & Co 100
Newman, Charles
25
Raynsford, G. W.
Newman, John L.
25
Reed & Knickerbocker 25
Nusbaum, Myer 5
Rathbun, J. & Co. 100
Nott, John C. 25
Read, Harmon P 20
25
National Express Company .. 100
Reese, Rev. J. L.
IO
Nellis, T. W. 10
Reilly & Hamilton
25
Nichols, W. R. 5
Rooney, James W 50
Olcott, Dudley 250
Russell, Henry 25
O'Brien, D. A
50
Roach, Mrs. James 25
O'Byrne, T. E
50 Rosendale, S. W 25
O'Brien, B.
5 Russell, Geo. L. 10
25
Odell, j. W.
IO
Rowland, Henry
20
O'Leary, D. V.
IO
Ronan, Patrick
25
Order of the Iron Hall.
25
Ronan, E. D.
15
O'Brien, Philip
IO
Romeyn, T. F
5
Ortton, John.
5
Robbins, John S
IO
Parsons, S. H.
25
Rodgers & Ruso 15
Patterson, H
2 Ruggles, W. B. IO
IO
Page, Isaiah & Son
25
Robinson & Dayton
IO
Pratt, James H
100 Stanwix Hall
150
Peckham, R. W
25 Santter, L ..
IO
Palmer, John. IO
Stark, B. & Co. 50
" Press and Knickerbocker " 225 Sanders, G. V. S 25
Munson, S. L. 50
Myers, John G. 250
Quinn, James
N. Y. Cen. & H. R. R. Co .. 1,000
Rawson & Colburn
Olcott, John J 150
Russell, Joseph W
Perry & Company
100
Russ, H. H.
398
Strasser, M. & Company.
$20 Thacher, R. W. $10
Saul, Julius 50 Tracey, Wilson & Co. 25
Strain, Robert
5 Taylor, J. E. & Company IO
Sage, H. W. & Co 100 Tremper, Captain J. H 25
Shaw & Robinson
IO Tebbutts, M. Sons IO
Shattuck, J. A
10 Thieson, J. L.
5
Sanders, B. & J. B
20 Tillinghast, J. W 25
Sanders, Jacob G.
50 Toedt, E. B.
25
Sweney, P. J.
2 Townsend, Franklin 50
Sleeping Car Co., N. Y. C ... 300
Townsend, Rufus K 25
Townsend, Frederick 50
Stedman, Thompson & An- drews
25 Tucker, L. & Son. 25
Stevens, J. W
25
Thornton, William
5
Schell, E
IO Turner, H. L.
5
Stevens, Ed.
5 Townsend, J. D. P.
5
Stevens, George H
5 Townsend, Theo.
5
Stevens, Thomas
10 Thomson, L. & Company
25
Seaman, J. F.
3 Towner, Samuel B 25
Stevens, A. P
10 Tibbits, Bleecker. 20
Speir, S. T.
3 Trask, Spencer & Co 100
Stewart, C. M
5 Tucker, Willis G. IO
Strevel, W. D
IO Thorn, R. P. & Son 10
Stephenson, Samuel
IO Union Clothing Company ...
50 2
Schermerhorn, B. S
Stevens, Samuel.
10 Van Gaasbeek, A. B. & Co .. 25
Skinner, John W.
25 Van Antwerp, J. H. 50
Shiloh Lodge, I. O. B. B
25 Valkenburgh, S. M. & Co 15
Shields, Frank.
50 Van Antwerp, D .. L. 20
Skinner & Arnold.
25 Van Denburgh, R. L. 50
Sickles & Miller
25
Van Antwerp, William M 25
Simpson, Alex
IO Vrooman, Sanford. 10
Smith, Craig & Company .
25 Viele, M. E.
50
Smith, Cornelius.
10 Van Slyke, G. A. & Co. 50
Smith, Covert & Co
25
Van Wormer, J
25
Shoemaker & Pabst.
25 Visscher, John B.
20
Strong, Wm. N
50
Van Vechten, Abm.
20
Spoor, C. T. F
10 Van Vliet, Dudley IO
25
Sumner, Chas., Benefit Ass'n,
25
Van Alstyne, J. B 5
Stone & Shanks
25 Van Allen, C. H. 5
Snow, H. N.
5 Van Rensselaer, P IO
500
Schuyler, Samuel
50 Van Allen, G. A.
25
Schuster, Harry.
Io |Van Gaasbeek, W.
5
Tenth Regiment Band 25 Van Alstyne, W. C.
5
Treadwell & Co 250 Vrooman, J. H. 5
Thacher, John Boyd.
100 Van Rensselaer, heirs W. P .. 100
Thacher, George H., Jr
100 | Walsh, William E. & Son ... 50
Ten Eyck, J. H
20 | Waldman, S. M. IO
Tracey, Charles 50 Ward, Samuel B. 25
20
Van Der Veer, A.
25 Vint, James 10
Sumner & Hascy.
100 Van Rensselaer, William B .. 100
Sullivan & Ehlers
5 Underhill, E.
Scherer, R. G.
5 Van Heusen, Charles & Co .. 25
Smith, Henry L
25 Van Benthuysen, C. 50
Sporborg, Joseph, & Son
St. Agnes' School
25 Van Ness, Edward
399
Watervliet T. & H. R. R. Co. $100 | Wilson, Lansing & Co.
$50
Wadhams, F. E.
5
Wright, H. K ..
5
Ward, W. J.
15
White, J. G. & Co. 50
Waterman, J. & Son 25
White, Isaac & Sons, Co 25
Walter, Joseph
IO
Wilber, R. G
IO
Walker, J. E.
25
Wiley, Ignatius
IO
Washburn, H. L., Jr.
IO
Winchell & Davis
25
Ward, C. M.
5
Williams, R. D.
25
Weller, Anton
20
Winne, C. H.
IO
Wendell, C. E. & Co.
25
White, D. S. & Co
25
Weed, Parsons & Co
100
Whitney, S. W.
3
Weaver, George S.
25
Winship, W. F
5
Weaver, William J
IO Whitney, W. M., Jr
10
Wheeler, C. F.
IO
Wing, R. B.
20
Wemple, D. W.
25
Wickham, Richard
5
Weber, George
15
Willard, Thomas.
IO
Weaver, W. HI. & Co.
25
Woodward & Hill
IO
Wendell, J. I
10
Woodruff, C. L. 10
Weir & Chism
10
Woolverton, George A
20
Weidman & Kelly.
25
Woodward, James O
25
Western Union Tel. Co.
25
Wooster, F. & Co.
25
Wheeler, F. F.
5
Woodruff, W. H. D
5
Whitney, W. M. & Co
250
Yerks, George W
20
Wilson & Gross
25
Young, H. G. 25
" Windsor, The "
100 | Zelie, Rufus 50
400
13
14
THE FLAGS OF ALBANY.
From time immemorial, flags have been used to determine rank, to mark organization, and to distin- guish tribe and nationality.
At first they were personal to the king, commander or chief, or local with reference to district or tribal relations, and only national when they represented symbolically the religion or the gods of the people who fought under them.
In battle they were rallying points for defence or attack.
In time some particular emblem having been con- nected with deeds of national valor, or historical from association or tradition, or being the insignia of a conquering tribe or chieftain came to be recog- nized as the symbol of the country, a representation of its power and majesty to be guarded with reverence, to be defended to death, and so personal that an insult offered to it was and is considered an insult to the people whom it represented and a casus belli at all times.
This idea of the personality of a flag and as standing for the people who adopted it, best finds expression in modern times, in national apologies being made by saluting the flag of the nation to whom reparation is due ; by indicating surrender by striking the flag, and conquest by raising that of the victor over or in the place of the flag of the defeated.
401
The early discoverers in America formally took possession of new found lands by raising the flag of their country to denote the new sovereignty, and the transmutations of government were completed by changing them.
For an American colony, New York saw many changes in government and ownership, and as the dom- inant power was always evidenced by its flag which floated over its cities and fortifications, Albany's po- litical vicissitudes make the subject of the colors which have floated over it, or which have been con- nected with its history both interesting and pictur- esque.
For historical purposes Henry Hudson is con- sidered the first white person to have ascended the Hudson River. We may safely set aside as with- out foundation in fact the tradition, that the French visited the site of Albany before Hudson did, and it is not even claimed that the Norsemen or Icelanders were ever near us.
From the journal of Robert Juet, the master's mate of the Half Moon, Hudson's ship, it appears that he " and foure more of the Companie went up with our Boat to sound the river higher up," and visited the present site of Albany on September 22d, 1609, receiving visits from the neighboring Indian chiefs, and people.
Hudson was an English mariner in the service of the Dutch East India Company, then under the pro- tection of the government of the Netherlands, and floated the flags of both from the masts of the Half Moon.
402
After the treaty at Utretch and in 1582, the United Netherlands adopted as its flag, to denote its union, a banner of three equal horizontal stripes, alternately yellow, white and blue, represented in the illustra- tions as figure I, and that was its flag in 1609.
The flag of the East India Company was the flag of the Netherlands, with the letters A. O. C. in the center of the white stripe, the letters being the abbre- viation of the name of the company, "Algeemene Oost Indise Compagnie." "The general East India Com- pany " (figure 3).
The East India Company, under the protection of the general Government, ruled over Albany until 1622, when the control of the colony fell into the hands of the " Gooctroyeerde West Indise Compagnie," or " The privileged West India Company," whose flag was the national ensign, with the letters " G. W. C." in mono- gram, as represented in figure 4.
In 1650, after the death of William II, the Nether- lands changed the national flag by substituting a red stripe for the orange (fig. 2), and it is fair to presume that the West India Company altered its flag to cor- respond.
The flag of the West India Company, under the protection of the national flag, floated over Albany's battlements until the English conquered the province in 1664.
On the 29th day of July, 1673, a Dutch fleet of twenty-three vessels, carrying 1,600 men, forced the resurrender of New York, and three days later Lieu- tenant Salisbury, the English commandant, surren- dered Fort Albany to the victors. It was at once
403
renamed Willemstadt, and the presence of its new masters made known by the red, white and blue flag of the States General again floating over its battle- ments.
A year later, in November, 1674, the Dutch Gov- ernor, Colve, surrendered the province of New York to his English successor, Major Edmond Andros. Willemstadt submitted to the inevitable, and the flag of the India Companies and of the United Nether- lands that bore testimony of their dominion and gov- ernment for 65 years, were forever furled, and that of England appeared, to have in time an equally inglori- ous exit.
The early English flag was called the flag of St. George, and without reference to technical descrip- tion was a red cross on a white field.
The Scotch flag was the Cross of St. Andrew, a white saltaire on a blue field.
On the union of the crowns of England and Scot- land, James I. issued a proclamation that "all the subjects of this isle and the kingdom of Great Britain should bear in the main-top the red cross, commonly called St. George's Cross, and the white cross, com- monly called St. Andrew's Cross, joined together ac- cording to the forms adopted by our own heralds."
The British flag as it appears to-day never floated over the American colonies.
The banner of St. Patrick was a " saltaire gules on a field argent," a red St. Andrew's Cross on a white field, and was not added to the British flag until 1801.
404
Figure 10 represents the British flag from the time of James I. (1606) until 1707.
On January 16, 1707, the union of England and Scotland was finally ratified, and the national flag changed to the form depicted in figure II - the red or " meteor flag," with the Union Jack, so called from Jacques (James I.) who ordained it, in the upper canton, and that was the flag nailed to the staff in 1783, when the British evacuated New York, and which, when it came down, represented the last act in the drama of the Revolution, and the surrender of British sovereignty over the American colonies.
The history of the so-called Colonial flags cannot be written.
They appear depicted in old prints and books but their special significance is past finding out, and their origin as a rule unknown.
It is neither within the limits nor purposes of this article to enumerate all the colonial flags, but only those which are specially connected with New York's history.
The Van Rensselaers, patroons of Albany, early arrogated to themselves feudal honors and privileges, and their historic fort on Baern Island, and brave attempts to levy tribute from the Dutch skippers and dominate the upper Hudson, are graphically described in Irving's Knickerbocker's History of New York.
That they had a flag is certain. In the Historical Documents of New York (vol. I, p. 522) there is a record of a " petition of the Patroon and co-directors of the Colonie of Rensselaer's Wyck," to the East India Company, dated January 17, 1653, which among
405
other grievances speaks of men "coming into the colonie of Rensselaer's Wyck aforesaid, and there causing the petitioners' flag to be hauled down, in opposition to the will and protest of the officers."
The design of the Van Rensselaer flag is lost to history, for the most careful research made for years has failed to discover a specimen or description of it.
In 1688, after the Duke of York became King of England, Sir Edmond Andros, its Governor, was com- missioned as the Governor of New England in America, with instructions to destroy the seal of New York, to annex its government and territory to New England, and to use the seal appointed for New England on all New York documents.
The King at the same time sent over a special flag for the Provinces of New England in America, being the flag proper of England before the union, the red cross of St. George on a white field, charged with the kingly crown and monogram J. R. " Jacobus Rex" (figure 5).
Figures 6, 7 and 8, are different forms of a com- mon colonial flag.
It appears occasionally green, sometimes red, prin- cipally with a blue fly, but always with the flag of St. George, forming a canton in the upper corner next to the staff. Some were depicted with a tree, usually denominated a pine tree, in the upper left-hand cor- ner of the canton, sometimes it is vacant and often with a globe, with a small section cut out representing a hemisphere discovered.
A view of New York harbor in 1697, from the journal of Jasper Dankers and Peter Sluyter, is copied
406
EXCELSIOR
15
16
in the reprint of the journal published by the Long Island Historical Society, in 1867. It shows the Union flag (No. 10) floating over the fort, and the Colonial flag (No. 8) flying from a vessel at anchor.
On November 13, 1696, Messrs. Brooke and Nicoll made application to the Home Government, among other requisites for the defence of the forts in New York, for " six large Union flags " (No. 10), and they were sent on February 1, 1696-7.
Lieutenant-Governor Nanfan, who succeeded the Earl of Bellemont as Governor of New York in 1701, in a letter to the Lords of Trade, of date of Decem- ber 29, 1701 (Historical Documents of New York, vol. 4, p. 927), speaks of a special " flag distinct from his majesty's ships of war to be worn by all ships that shall be commissionated by the governor of his majesty's plantations." We cannot describe that flag but believe it to be a flag similar to 6, 7. or 8.
When Robert Hunter was made Governor, the draft of his instructions, dated December 27, 1709 (vol. 5 Documents relating to Colonial History of New York, p. 137), among other things reads as follows :
"85. Whereas, great inconveniences do happen to merchant ships and other vessels in the plantations wearing the colours borne by our ships of war, under pretence of commissions granted to them by the governors of the said plantations, and that by trading under those colours, not only amongst our own sub- jects, but also those of other princes and states, com- mitting divers irregularities, they do much dishonour our service, for prevention whereof you are to oblige the commanders of all such ships to which you shall
407
grant commissioners, to wear no other Jack than ac- cording to the sample here described, that is to say : Such as is worn by our ships of war, with the distinc- tion of a white escutcheon in the middle thereof, and that the said mark of distinction may extend itself one-half of the depth of the Jack and one-half of the fly thereof."
This flag is correctly depicted on page 137 of vol. 5 of the Documentary History of New York and is represented by figure 9.
When George Clinton became Governor of the Colony of New York, the draft of his instructions from the Lords of Trade, evidenced by their letter of August 20, 1741, on the subject of the colonial flag, reads as follows : "to wear (for the colonial flag) the same ensign as merchant ships, and a red jack with a union jack in a canton at the upper corner next to the staff, pursuant to the opinion of His Majesty's Commissioners for executing the office of High Ad- miral of Great Britain and agreeable to our repre- sentations to their Excellencies, the Lord Justices, dated August 7, 1740." The last described flag is not illustrated, for the description is very blind, and no copy nor original nor picture of the same is known.
When the war of the Revolution broke out, the idea that the flag of the English represented their sovereignty found immediate and determined expres- sion in its repudiation, and the necessity for a symbol to designate the new dominion resulted in the crea- tion of many strange devices, like the Palmetto flag of the South Carolinians, and various other colors, some
408
bearing a snake with the motto, " Don't tread on me," some crescents, others stars, anything to distinguish those who fought under them from the hated foe.
It is said that at the battle of Bunker Hill the American forces carried the colonial flag represented by figure 8.
No flag was evidently carried at Lexington on April 19, 1775, nor any recognized standard from that time until Washington raised the first general American flag at Cambridge on January 22, 1776.
That was prior to the Declaration of Independence and at a time when the most that any of the patriots expected or demanded was justice and relief from oppression.
Independence was not dreamed of, and the idea of Bristish protection and American dependence is re- presented in the flag (figure 12). It consists of thir- teen stripes of alternate red and white, with the Union Jack of England in a canton in the upper corner.
Where the idea of the thirteen horizontal stripes of alternate red and white had its origin is not known, but the best authorities believe that they were taken from Washington's coat of arms.
The flag was formerly adopted after consultation, and was known as the " Grand Union " flag.
The Grand Union Flag continued to be the official American flag long after independence had been de- clared, and the idea of a British protectorate was abandoned and many bloody battles were fought under its folds.
The necessity of a permanent and distinct flag had long been discussed, but it was not until June 14,
409
1777, that it took definite shape. On that day Con- gress passed a resolution adopting a flag in the fol- lowing words :
" Resolved, That the flag of the Thirteen United States be thirteen stripes, alternate red and white; that the union be thirteen stars, white in a blue field, representing a new constellation."
The flag subsequently used during the war of the Revolution is shown in figure 13, the stars being arranged in the form of a circle.
The design was to add an additional star and stripe to the flag for every new State, but it was neglected until on January 13, 1794, it was resolved by Con- gress " that from and after the first day of May, Anno Domini 1795, the flag of the United States be fifteen stripes, alternate red and white; that the union be fifteen stars in a blue field."
The flag of fifteen stripes and fifteen stars is repre- sented by figure 14, and that was the standard under which the glorious victories of the war of 1812 were won.
No further changes were made in the flag after 1795, until the new States began to clamor for recogni- tion in the National ensign ; the matter was discussed in Congress, the inexpediency of adding a stripe for each new State was conceded, and on April 4, 1818, the flag of these United States was forever fixed at thirteen horizontal stripes of alternate red and white, each State being represented in the blue union by a white star, a star to be added to the constellation for each new State on the 4th day of July next succeed-
410
ing its admission, and that flag as now constituted is represented in figure 16.
The flag of the State of New York is represented in figure 15. We cannot find any legislative act, fix- ing either its size or color.
The earliest record of any such flag is found in the military regulations promulgated during the time when Edwin D. Morgan was Governor of the State (1859), which prescribed that the State flag should be of white bunting, bearing the arms of the State in the center thereof.
Under the general powers given to the military authorities to make regulations that have the force of laws, for the government of the military forces of the State, the designation in the regulations would fix the color and size of the State flag for military, but not for civil, purposes.
In fact, the State flag, as such, is not mentioned in any act of the Legislature, except in chapter 190, of the Laws of 1882, entitled "An act to establish the original arms of the State of New York, and to pro- vide for the use thereof on the public seals."
Section 7 of that act reads: "During the hours when the Legislature is in session, the State flag, bear- ing the arms of the State, shall be displayed from the Capitol together with the flag of the United States."
The act takes it for granted that there is a " State flag."
Except in the military regulations we find no au- thority for this flag, but conceding that by implica- tion the act last cited does establish a State flag for
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