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 The 
 
 United States 
 
 Laws and Customs 
 Concerning It 
 
 
LAWS AND CUSTOMS 
 
 REGULATING THE USE OF 
 
 THE FLAG 
 
 OF THE 
 
 UNITED STATES 
 
 PREPARED BY 
 
 PROFESSOR BERNARD J. CIGRAND 
 
 FORMER PRESIDENT CHICAGO PUBLIC LIBRARY 
 
 Copyright, 1917, Marshall Field & Co. 
 PUBLISHED AND DISTRIBUTED BY 
 
 MARSHALL FIELD & COMPANY 
 CHICAGO 
 
■©CI.A479020 
 
 NOV 10 1917 
 
INTRODUCTION 
 
 THIS brief treatise on the laws, cus- 
 toms and usages of the American 
 flag is published in response to daily in- 
 quiries requesting authoritative answer. 
 
 Such an authority, according to federal 
 government officials, is Prof. Bernard J. 
 Cigrand, of the University of Illinois, and 
 an authority on heraldic Americana. It 
 is to him that we are indebted for the 
 accuracy and comprehensiveness of the 
 regulations given in these pages. 
 
 In presenting to the public this book- 
 let for distribution it is with the hope 
 that it may prove of service in making 
 readily available such information as 
 will tend to increase the evidences of 
 public respect for our national emblem. 
 
 Marshall Field & Company 
 
CONTENTS 
 
 Days for Displaying the Flag. 5 
 
 Laws Establishing the Flag 6 
 
 Laws Protecting the Flag . . . . 7 
 
 Customs Concerning the Flag 8 
 
 Pledges of Allegiance to the Flag 9 
 
 Usages Concerning the Flag 10 
 
 Flag Raising Programs 10 
 
 Carrying the Flag in a Parade. 10 
 
 How to hang the Flag in a window. 11 
 
 Perpendicular draping of a large Flag 11 
 
 Manner of using the Flag as a badge 12 
 
 Using Flags of other Nations with Ours 12 
 
 Coloring the Flag on the skin 12 
 
 Laws against using the Flag on merchandise. 12 
 
 Manner of draping two Flags together. ..... 12 
 
 On flying the Flag in stormy weather 13 
 
 On flying the Flag at night 13 
 
 Position of the stars in the Flag 13 
 
 Nothing to be placed above the Flag 13 
 
 Blue to be on top in use of Bunting 13 
 
 Correct form of the Shield 14 
 
 What tassels on the Flag signify 14 
 
 Manner of disposing of Flag when Old or 
 
 Torn 14 
 
 The Legal Name of the Flag 14 
 
 Permissible Names for the Flag , 14 
 
 Comparative Age of Our Flag 15 
 
 Interpretations of the Flag 15 
 
 The Star Spangled Banner . 16 
 
 (4) 
 
LAWS AND CUSTOMS 
 
 REGULATING THE USE OF THE 
 
 FLAG OF THE UNITED STATES 
 
 Days for Displaying the Flag 
 
 It is the accepted custom among civilians to 
 display the national flag on all patriotic occasions, 
 especially on the following days : 
 
 Lincoln's Birthday February 12 
 
 Washington's Birthday February 22 
 
 Mothers' Day Second Sunday in May 
 
 Memorial Day May 30 
 
 Flag Day June 14 
 
 Independence Day July 4 
 
 In certain localities other special days are 
 observed in the same manner. 
 
 Other such days include : 
 
 Battle of New Orleans January 8 
 
 Inauguration Day, every fourth year March 4 
 
 Andrew Jackson's Birthday March 15 
 
 Thomas Jefferson's Birthday April 13 
 
 Anniversary of the Battle of Lexington April 19 
 
 U. S. Grant's Birthday ". April 27 
 
 Anniversary of the Battle of Manila Bay May 1 
 
 Perry Day May 29 
 
 Anniversary of the Battle of Bunker Hill June 17 
 
 Labor Day First Monday in September 
 
 Lake Erie Day September 10 
 
 Lake Champlain Day September 1 1 
 
 Emancipation Proclamation September 22 
 
 Columbus Day October 12 
 
 Anniversary of the Battle of Saratoga October 17 
 
 Anniversary of the Surrender of Yorktown October 19 
 
 Anniversary of the Evacuation of Yorktown . . . November 25 
 All Election Days. 
 
 Many of the above anniversaries have a local, 
 rather than a national observance. 
 
 Upon any appointed day for the public demonstra- 
 tion of patriotism it is customary to display the flag. 
 
 (5) 
 
Laws Establishing the Flag 
 
 The Continental Congress, on June 14, 1777, 
 adopted the United States flag, the resolution 
 reading: "That the flag of the 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 ORIGINAL RESOLUTION CREATING THE FLAG 
 OF THE UNITED STATES 
 
 The Congress of the United States in May, 
 1795, added two more stripes and two more stars, 
 fifteen in all, the additional stripes and stars to 
 represent two new states: Vermont, admitted to 
 the Union in 1791, and Kentucky, 1792. 
 
 On April 4, 1818, the Congress added five more 
 stars for five new states which had been admitted, 
 as follows: Tennessee, 1796, Ohio, 1802, Louisiana, 
 
1812, Indiana, 1816, Mississippi, 1817. This made 
 twenty stars. Illinois, admitted in 1818, did not 
 receive her star on the flag until July 4, 1819. 
 The law in 1818 also ordered that the number of 
 stripes be thirteen horizontal stripes, alternate 
 red and white. 
 
 Section 2 of this same law provided, "That on 
 the admission of every new state into the Union, 
 one star be added to the union of the flag ; and that 
 such addition shall take effect on the 4th of July 
 next succeeding such admission." This fixed the 
 date for the perfecting of the flag — a date that will 
 be one hundred years passed on April 4, 1918. 
 
 Laws Protecting the Flag 
 
 A Federal law, approved February 20, 1905, 
 provides : That a trade-mark cannot be registered 
 which consists of or comprises, inter alia, "the 
 flag, coat-of-arms or other insignia of the United 
 States, or any simulation thereof." 
 
 A Federal law, approved February 8, 1917, 
 applying only to the District of Columbia, provides 
 certain penalties for the desecration, mutilation 
 and improper use of the national flag. 
 
 Several states of the Union have enacted similar 
 laws upon the subject, as also have many counties 
 and municipalities. 
 
 The Department of Justice has issued a warning 
 against the desecration of the American flag by 
 aliens, in the following words: 
 
 (7) 
 
"Any alien enemy tearing down, mutilating, 
 abusing or desecrating the United States flag in 
 any way will be regarded as a danger to the public 
 peace or safety within the meaning of regulation 12 
 of the proclamation of the President, issued April 6, 
 1917, and will be subject to summary arrest and 
 punishment." 
 
 In the meaning of the Federal law regarding the 
 use of flags in connection with trade-marks it has 
 been determined that the flag must not be used 
 in connection with advertising matter of any kind. 
 This applies equally to the coat-of-arms of the 
 United States. It does not, however, apply to the 
 use of the colors, red, white and blue, concerning 
 which there are no statutes. 
 
 The Post-office Department does not object to 
 the use of envelopes bearing pictures of the flag, 
 when placed upon the back of the envelope. When 
 on the face of the envelope in most cases the 
 stamp cannot be cancelled, nor the letter post- 
 marked, without defacing the flag. 
 
 v 
 
 Customs Concerning the Flag 
 Saluting the flag, by individuals and organized 
 
 civic or military bodies, is an almost universal 
 
 custom in every country. 
 
 In the United States Army there are prescribed 
 
 rules for the salute of the flag, but such rules do 
 
 not apply to civilians. 
 
 Lowering the flag to half mast — that is, putting 
 
 it at or near the center of the staff — is universally 
 
 (8) 
 
recognized as a symbol of mourning. But before 
 placing the flag at half mast it must have been 
 raised to top of pole or staff. This is done on the 
 forenoon of Memorial Day, or upon the death of 
 any great statesman, or whenever officially re- 
 quired. At twelve o'clock, sharp, on Memorial 
 Day the flag is raised to the top of the pole. 
 
 Pledges of allegiance to the flag, while prescribed 
 in some counties, are unofficial by the United 
 States, except the oath of allegiance to the United 
 States. 
 
 Many expressions of loyalty to the flag have 
 been used in unofficial ceremonies. One form often 
 used are lines from Oliver W. Holmes, and read: 
 
 "One flag, one land, 
 One heart, one hand, 
 One nation evermore." 
 
 Another form often used is : 
 
 "The union of lakes, the union of lands, 
 The union of states none can sever; 
 
 The union of hearts, the union of hands, 
 And the Flag of our Union forever." 
 
 The following pledge, approved by the Board of 
 Education, is used in the schools of Chicago, and 
 in schools of many other communities: 
 
 " I pledge allegiance to the American Flag, 
 and to the Republic for which it stands; 
 one nation, indivisible, with liberty and 
 justice for all." 
 
 (9) 
 
Usages Concerning the Flag 
 The following usages, sanctioned by custom and 
 common consent, are generally accepted: 
 
 Flag raising programs may vary greatly with 
 local circumstances. It is preferred to have a 
 Liberty pole. Before the flag is raised there should 
 be prayer or blessing on the flag by some minister 
 of the Gospel, paying tribute to the emblem for its 
 guarantee of freedom of religion and liberality of 
 its political principles. In the actual honor of rais- 
 ing the flag, preference is given to military or naval 
 men who have personally defended the flag. In 
 the absence of such, the honor may fall to any 
 distinguished man or woman or group selected 
 for the honor, or a chosen group of boys and girls. 
 The flag should be raised slowly. All men should 
 remove their hats, placing same over left breast, 
 and stand at attention. Music, preferably the 
 "Star Spangled Banner," " America," or other 
 national songs, should be played at the time. When 
 the flag is at the top one person, representing the 
 entire audience, may repeat the pledge of allegiance, 
 using the word "we" instead of the usual pronoun 
 "I." If the audience is familiar with the pledge 
 all should repeat it with some person acting as 
 leader or prompter. This should be followed 
 immediately or later, by an address relative to the 
 American flag. 
 
 When the American flag is carried in a parade it 
 should always precede all other flags that may be 
 
 (10) 
 
carried; and state, municipal and other subordinate 
 flags should be at the left of the national flag. The 
 flag should be on a staff, raised at more than 45 
 degrees. In memorial or funeral parade the flag 
 may be either dipped or drooped forward, or may 
 have a shroud tied about it as it is wrapped about 
 the staff. In a military, naval or civic parade it 
 is permissible to have, on the same staff, but lower 
 down, a pennant denoting the character of the 
 regiment or divisions. When a regimental flag 
 in a parade passes, it is a mark of personal respect 
 for men to remove their hats, and women to bow 
 their heads. All military men are required to stand 
 at salute. 
 
 When a flag is placed in a window it should be 
 so placed that it will be viewed with the starry 
 field in the upper left hand corner, with the stripes 
 horizontal. The person hanging the flag thus will 
 have the stars on his right side, while to the 
 viewer it will be on the left. 
 
 When a flag is projected from a window, on a 
 pole, or on a wire or rope, the starry field is placed 
 furthest from the house displaying it, except when 
 facing a parade, with the flag suspended across the 
 street, with the stripes perpendicular, in which case 
 the starry field goes in the upper left hand corner 
 as viewed by the parade. 
 
 When it is expedient it is permissible to drape 
 a large flag with the stripes perpendicular, with the 
 starry field at the top and to the left of the more 
 conspicuous view. While raising or while lowering 
 
 (ii) 
 
the flag it must not touch the ground; care for it 
 tenderly and respectfully. 
 
 When a flag is made up as a badge the blue 
 union with the stars is on the right side, and is 
 viewed as from the lef t — the same position as if the 
 flag were displayed to public view, The G. A. R, 
 badge has it correctly displayed. 
 
 When decorating a picture with three flags the 
 American flag goes to the top and the foreign flags 
 on either side. If French and English flags are 
 used the French is shown on the right side of the 
 picture, the English on the left. 
 
 Governments have encouraged sailors and sol- 
 diers to have their national flag colored into the 
 skin as a means of identification. But for unen- 
 listed persons to execute this is considered disre- 
 spectful to the flag. 
 
 The flag, or any painted or printed representa- 
 tion of it, should never be placed where it can be 
 stepped upon or sat upon; or any object, especially 
 merchandise for sale, placed upon it. 
 
 The flag in any form should never appear on 
 towels, handkerchiefs, aprons or other utilitarian 
 clothes of any kind. In some states such desecra- 
 tions of the flag are prohibited by statutes, and 
 shipping or traveling in these states with such 
 desecrations would make one liable to law. 
 
 When two flags are draped together the unions 
 should be placed together, and not separate. One 
 may drape the flag into many forms, but keep the 
 
 (12) 
 
union on top. Driving nails in the flag to hold it 
 in place is considered wrong. Preferably it should 
 be tied with red, white or blue cord; or use the 
 tri-colored cord. 
 
 In stormy weather it is considered unkind to 
 permit the flag to fly, except in battle, where it 
 may wave night and day, without regard for the 
 weather. 
 
 The flag, in times of peace, is not permitted by 
 correct usage to float all night, except at the grave 
 of Francis Scott Key, author of "The Star Spangled 
 Banner." The War Department has ruled that 
 during war, the American flag may float all night, 
 if intended for patriotic and not advertising 
 purposes. 
 
 When stars are placed on the blue field, in 
 making or painting a flag, one point of each star 
 should point to the zenith. 
 
 The stars in the flag are always white; never 
 gold. 
 
 When a flag is worn as an emblem on the coat 
 or other garment no other token should ever be 
 worn above it. 
 
 For one hour every Sunday morning every 
 American battleship floats above the stars and 
 stripes the sign of the cross, a white pennant with 
 blue cross, during devotional service. This is the 
 only occasion when any emblem may be put above 
 the flag. The War Department has issued a rule 
 
 (13) 
 
that no object or emblem (picture or sign) of any 
 kind shall be placed above or upon the United 
 States flag. 
 
 The blue color in the flag, shield or bunting 
 should invariably be at the top. This accords 
 with the proprieties of heraldry, from which there 
 is no appeal. If the blue in the bunting should 
 contain stars it would emphatically indicate that 
 the stars be on top, for if placed below, it would 
 be equivalent to placing the flag upside down. 
 
 The shield of the United States, contrary to the 
 popular assumption of many, does not contain 
 stars. It has a blue " chief " at the top, and below 
 are red and white stripes, seven white and six 
 red, whereas on the flag there are seven red and six 
 white ones. 
 
 Tassels are properly attached only to flags that 
 have been in battle and returned with victory, 
 or which have been in army and navy service, or 
 have had, or are about to have, a memorable 
 career. The same is true of the fringe on the 
 flags. The chief flag, the general body-guard colors 
 and other important standards are also given the 
 fringe. 
 
 When a flag has become old and torn it should 
 not be allowed to be thrown around and treated 
 with disrespect, but should be burned. Such is the 
 example and the method used by the Government 
 in disposing of outworn flags, except that those of 
 historic worth are encased in metal tubes, sealed 
 and labeled. 
 
 (14) 
 
The legal name for our emblematic cloth is 
 "The United States Flag." Permissible terms: 
 "The American Flag,"- "Our National Flag," 
 "The Star Spangled Banner," "Stars and Stripes," 
 "Old Glory" and "Flag of the Free." In the 
 army it is called "Standard," while in the navy 
 it is known as "Ensign." 
 
 Comparative Age of Our Flag 
 
 While the United States is the youngest among 
 the great nations, yet her flag is one of the oldest 
 in the world. It was adopted June 14, 1777. 
 Other flags were adopted as follows: France, 
 1794; Great Britain, 1801; Spain, 1785; Italy, 1848; 
 Sweden and Norway, 1817; Portugal, 1816; 
 Germany, 1870; Belgium, 1831. China, Japan 
 and the South American Republics all have more 
 recent standards than our own . 
 
 Interpretations 
 
 Many writers and orators have ventured an 
 interpretation or definition of the colors or tinctures 
 in the American flag. Although these imaginary 
 ideas express much poetic beauty and ingenuity, 
 yet such interpretations have no official sanction. 
 
 The Continental Congress bequeathed the inter- 
 pretation in the following order : 
 
 White signifies purity and innocence. 
 
 Red: Hardiness and valor. 
 
 Blue: Vigilance, perseverance and justice. 
 
 (15) 
 
THE AMERICAN FLAG 
 
 By Joseph Rodman Drake 
 
 When Freedom from her mountain height 
 Unfurled her standard to the air, 
 
 She tore the azure robe of night, 
 
 And set the Stars of glory there. 
 
 She mingled with its gorgeous dyes 
 
 The milky baldric of the skies, 
 
 And striped its pure, celestial white 
 
 With streakings of the morning light; 
 
 Then from his mansion in the sun 
 
 She called her eagle bearer down, 
 
 And gave into his mighty hand 
 
 The symbol of her chosen land. 
 * * * 
 
 Flag of the free, heart's hope and home! 
 
 By angel hands to valor given ; 
 Thy stars have lit the welkin dome, 
 
 And all thy hues were born in heaven. 
 Forever float that standard sheet ! 
 
 Where breathes the foe but falls before us, 
 With Freedom's soil beneath our feet, 
 
 And Freedom's banner streaming o'er us? 
 
THE STAR SPANGLED BANNER 
 
 Oh! say, can you see, by the dawn's early light, 
 
 What so proudly we hailed at the twilight's last gleaming, 
 Whose broad stripes and bright stars thro' the perilous fight, 
 
 O'er the ramparts we watch'd, were so gallantly streaming? 
 And the rockets' red glare, the bombs bursting in air, 
 
 Gave proof thro' the night that our flag was still there. 
 Oh, say, does that star spangled banner yet wave 
 
 O'er the land of the free, and the home of the brave? 
 
 On the shore, dimly seen thro' the mists of the deep, 
 
 Where the foe's haughty host in dread silence reposes, 
 What is that which the breeze, o'er the towering steep, 
 
 As it fitfully blows, half conceals, half discloses? 
 Now it catches the gleam of the morning's first beam, 
 
 In full glory reflected, now shines on the stream; 
 'Tis the star spangled banner! Oh, long may it wave 
 
 O'er the land of the free, and the home of the brave. 
 
 Oh! thus be it ever when freemen shall stand 
 
 Between their loved homes and the war's desolation; 
 Blest with vict'ry and peace, may the heav'n rescued land 
 
 Praise the Pow'r that hath made and preserved us a nation. 
 Then conquer we must when our cause, it is just, 
 
 And this be our motto: "In God is our trust!" 
 And the star spangled banner in triumph shall wave 
 
 O'er the land of the free, and the home of the brave. 
 
H 3 78 545 
 

 
 
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