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VOLUMN XLV. ? LOUISBURO, N. O., FRIDAY, JUNE 18, 191b. ? , NUMBER 18.
MAJ. ORREN RANDOLPH SMITH DESIGNER OF STARS-AND BARS
THE REUNION DID CREDIT TO ITSELF
To Major Orren Smith, To North Carolina And To
Louisburg In Its Decision in Richmond, June 1-3
1861-1865.
Roll of honor for the Tar-Heels.
North Carolina grave to the Con
federacy, The Star? and Bars.
WItli a population of 115,000
(military age) She tarnished
127,000 troops.
Lost 40,375 of her brave sons,
double'' the -loss of any other
State, with 5,000 to spare.
First at Bethel;
Foremost at Gettysburg,
Furthest at Chlcamauga,
The last at Appomattox,
"(Jod bless North Carolina."
K. E. Lee.
To the United Confederate Veterans,
In convention assembled, at_ Rich
mond, Va., June 1-8, 1915:
Comrades?Your commlttec, ap
pointed by Special Order No. 30,
September 14, 1914, In accordance
with resolutions passed at the Jack -
sonvllle Reuhlon, "to investigate the
designing of the '?tars and Bars' Flag
of the Confederacy," have, as therein
directed, made a most thorough and
exhaustive examination of the whore
matter?It gave all possible publi
city?and your committee beg leave
to submit the following report:
The Hon. Wm. Porcher Miles, for
the Committee on Flag and Seal ,?t
the Confederacy, made report to the
Provisional Congresb of the Confeder
ate States, March 4, 1861; with tills
report was submitted the selected
design. Mr. Miles reported "that
something was conceded by the com
mittee to what seemed a strong
cleslre ,io retain, at least a suggestion
of the Stars and Strlpos." The design
so submitted by tli? committee, and
subsequently approved by the Con
gress, was, however, so suggestive of
the old "Stars and Stripes" that it
Was practically the same, except the
barsr^Red, White and Red," were sub
stituted for the thirteen stripes.
The report brings out the fact
which, for the.truth of history, shootd
be ever remembered, that the South
ern people earnestly and devotedly
loved the Union; that they seceded
therefrom with deep regret when
forced to'do so to maintain their rights
as a free people; and this attach
ment was so strong that the Con
gressional Committee was obliged to
recommend a flag closely resembling
"Old Glory," which had ever been
cherished by the Southern people.
The decision of the Flag Com
mittee evidently eliminated all other
designs and limited them in their
selection to the most practicable of
the designs, which "assimilated to the
United States Flag." There Is not "a
wbrd in the said report which justi
fies the statement of a local news
paper In saying, "The Flag of the
Confederate States was the work of
the committee appointed by Con
gress?none of the liesigns sent by
Individuals as models having been
thought suitable." The committee
says "thatj the mass of models of
designs were, more or less, copied
from or assimilated to the United
States Flag," and they reported a
design almost the same as the United
States Flag?a deSIgn practfcaTly like
what Is claimed to have been sub
mitted by two of our comrades." Why
should the committee attempt to
design a flag when It thus had tho
model of the flag decided on in their
possession? Moreover, the report to
Congress does not claim that the com
mittee designed, but only submitted a
Model.
Two claimants have filed their
claims with your committee, and sub
mitted evidence which each honestly
believes substantiates the claim made,
to wR: 1 ~
Maj. Orren Randolph Smith, of
Loulsburg. N. C., presented by his de
voted daughter, Miss Jessl?a R. Smith.
Mr. Nicola Marschall (in 1861), Of
Marion, Ala., Blnce 1873 a resident of
Louisville, Ky., submitted by his wife
and afterwards, with her consent, en
larged and added to by Mrs. Chap
pell Cory, of Birmingham, Ala.
There has "been some evidence of
""State rivalry being injected into this
contention. Your commlttec deplores
this. It has eliminated such In form
ing judgment, and desired only to as
certain the truth.
Your committee desires to state
that It has no Intention of doubting,
or In the slightest degree impugning;
the veracity of either claimant, or of
those' testifying. It believes each is
endeavoring to tell the truth. But
memory, after the lapse of fifty years,
Is most unreliable. It respects the
claimants' veracity, even if it Is
forced to doubt the reliability of th'i
memory of either.
To reach the truth the claimants'
personal statements should therefore
be corroborated by additional testi
mony. *
The testimony submitted will be
considered from three standpoint.",
which your committee thinks exhaus
tive :
First. That of contemporaneous or
local opinion of the facts. On this
point both claimants submit testi
mony, of more or less strength, that
It was the belief in 1861 of persons
residing in the immediate vicinity of
the residence of the claimants that
each of said claimants had submitted
the chosen design. The evidence i*>
so even, and the point of so little
value, in view of other evidence, that
we need not follow It.up further.
Second. That of the direct evi
dence of parties, other than the claim
ants, as to such designing and sub
mission thereof to the.-Flag Com
mittee of the Confederate Congress.
There is no evidence whatever sub
mitted to show that any person, ex
cept Mr. Marschall himself, ever sa-v
his design, or knew it was submitted
to the Congressional Committee. Even
were it proven, as stated in evidence,
as the belief of some of the witnesses,
submitted by Mrs. Cory, that Mr. Mnr
schall made a design for Mrs. Lock
ett, and that she gave said design io
Governor Moore, Governor of Ala
bama, this would not warrant any
assumption that Governor Moore gavo
it to the Confederate Congressional
Committee, for this Com&ittec was
one of a Congress with whose dutiii
the Governor of Alabama had nothing
whatever to do.
On the part of Major Smith, the
lady who made his model, and fo ??.
parties who each saw hor making
it. testify that it was the design of
Major Smith which was so made, and
that it was sent to the Confederate
authorities at Montgomery, and
adopted as the "Stars and Bars Flag."
MrB. Cory states that she does not
deny that Major Smith submlttod a
design.
Besides thlB, nine parties testify as
to a flag-raising, in Louisburg, N. C.,
on March 18, 1861, before North
Carolina had seceded, which '- Mrs.
Cory also states she does not deny.
The bearing of this flag-raising on
this contention is, that the flag do
raised Is sworn to by the maker* of
the model, sent to Montgomery, ar|l
by one who saw her making both, as
an exact copy, except to the size, of
the^piodel flag ?he made for Major
Smith, and which had beon adopts
by Congress as the "8tnrs and Bars."
The evidence on this second point
overwholmingjy favors the claim of
Major Smith.
Third. That of statements per
sonally made . by the claimants. No
evidence la submitted which throws
a shadow of doubt on the accuracy of
Major Smith's memory, and much Is
given as to high character. But very
important evidence is submitted Im
peaching the recollections of Mr.
Marschall. f in his affidavit Mr. Mar
schall alsofcclalms to have designed
- MAJ. OEKEN RANDOLPH SMITH
Who was the designer of the Stars and Bars and to whom the credit was
given In Richmond at the Bennton June 1-3..1915.
the Confederate uniform, as well as
the flag. But our gallant comrade,!
Major Lamar Fontaine, of Lyons,,
Miss., submits an affidavit,accompany- j
ing the samo with photographs, giv- i
ing suclv circumstantial and most
plausible .details', aaf to add to the con- i
viction of it3 reliability, that he gave '
to the Confederate Committee ol
"Uniform" a model; that this was the
.uniform of .the Russian Kioski Cos
packs Regiments, who were the body-:.
guard of Prince Gortschalcoff. This
uniform Major Fontaine wore when a
member of said command, during the
siege of Sevastopol, and that was
adopted as the basis for the Confeder
ate uniform.
If Mr. Marschall's memory .fails
to designing the uniform, it is not
unlikely that it has also failed him
as to designing the flag. r
Therefore; we cannot plice" thai
reliance, which we otherwise wouM
upon his statement, based on a
memory which is- thu3 proved not
reliable.
The evidence of this point alone,
without regard to No 2, above, is con
vincing as to Major Smith's claim.
Reviewing the evidence, it is
shown I that in the place of residence
cf each claimant, the people gave
cach of said claimants the credit of
('.esisning the flag. This is very natur
al. Many historical truths, and
many historical myths, arc supported
by like beliefs.
Evidence is presented of the lady who
made Major Smith's model, and others
who saw her at work, making the
same. The evidence shows- that the
flag was Major Smith's design?that
it was sent to Montgomery, and it wa3
the same as the "Stars and Bars"
adopted by the Confederate Congress.
~~ The claimants for Mr. Marschall
voluntarily state that they do not
STARS ASH BARS.
This Is the Stars and Bars, so dearly lored by ejery Confederate Veteran
and wlileh was designed by MaJ, Smith.
A NUMBER OF ARTICLES OF INTEREST
Concerning The Making Of The Stars And Bars
And Establishing Major Orren Smith's Contention
deny tbat Major Smith sent a model
to Montgomery. ?? -
There la no 'evidence to show, tKat
anyone testifying, saw Mr. Marschall's
model, or of their own. knowledge
knew that sttch was made, or that
It was handed to tile Confederate Con
gressional Committee. It It was han
ded to Governor Moore, of Alabama,
it by no means indicates that It ever
reached, or even was Intended for, th i
Congressional Committee.
The memory of Major Smith stands
unchallenged, while that of Mr. Mar
schall is undoubtedly incorrect, as to
his recollection of designing the uni
form, and is not therefore inapt to be
as to designing the flag.
Your committee is not, from the
evidence before it, convinced that Mr.
Marschall ever submitted a design for
the-flag. The evidence does show that
Major Smith did submit a design,
which is admitted by Mri. Cory.
Your Committee Is convinced tbat
Major Smith did submit a.deslgn. A.s
the design which the Congressional
Committee submitted, with Its report,
which was adopted, as the evidence
most clearly shows, to be the s^me
as Major Smith's design, It Is reason
able to conclude tbat Major Smith
submitted the design of the "Stars and
Bars Flag" of the Confederate States.
Your .Committee would therefore re
port, after a most careful considera
tion, and thorough investigation, that
the honor of having designed the first
flag of the Confederate States, known
as the "Stars and Bars," Is due and
rhould be awarded, by the United
Confederate Veterans, to MAJOR
CRREN RANDOLPH SMITH, LATE
OF LOUISBURG, NORTH CARO
LINA.
Your Committee beg to transmit
herewith the entire evidence submit
ted to it, which It fear3 Is too lengthy
for publication in our minutes, but It
appears, as Exhibits, a brief synopsis
thereof. <
Respectfully submitted,
(Signed) C. Irvine Walker, Chairman,
Thomas Green. Sr.,
. Jno. P. Hickman, Secretary.
Exhibit I.
Claim of Miss Jessica II. Smith, as
to l'.fr father, Major Orren Randoph
Smith, having designed the Stars and
Bars Flag of the Southern Confeder
acy:
Generals C. Irvine Walker, John P.
Hickman and .Thomas Green, Sr.,
Committee C. C. V.
Gentlemen?I respectfully submit
this, my claim, that the honor of
designing the Stars and Bars flag of
the Southern Confederacy, is due to
my father, Major Orren Randolph
Smith, of Loulsburg, Franklin. coun
ty, North Carolina. Evidence proving
this claim is herewith submitted.
First Major O. R. Smith, during
his life, clearly claimed the honor and
described In detail Its conception,
what it stoood for and how made. His
high character and truthfulness is
evident In Exhibits 10, 11, 19.
For Major Smith's Statement see
Exhibit 1.
Secpnd, The model for the flag,
which model was sent to the Con
federate Congress, at Montgomery,
Alabama, was designed by Major O.
R. Smith and made, under his di
rection, by Nlrs. Catherine Rebecca
Wlnborne. She testifies as to making
this model and that said model was
sent to the Confederate Congress, at
Montgomery, Alabama. See Exhibit
2.
Mrs. Sue Jasper Sugg testifies sh 3
saw Mrs. Wlnborne making the flag
for Major Smith, which he had
designed to be sent as a model for
the Confederate flag, to Montgomery,
and also the large flag of the same
design, which was raised at Louls
burg. See Exhibit 3..
Testimony as to the veracity of both
>.
t he above affiants are appended to
Bald affidavits.
Mrs. J. A. Jones, Mrs. Emma Spen-^
cer and Mr. Adam Ball gave affidavits
bearing the same testimony as Mrs.
Wlnborne and Mrs. Sugg. See Ex
hibits 4. 6, 6.
Third. The local opinion in and
around Louisburg, N. C., was very
decided and general that Major O. R.
Smith designed the Stars and Bars
Flag. Contemporary evidence of a
fact generally believed Is very apt to
be correct. The existence of general
Bfcllef In Major Smith's having de
signed the Stars and Bars Flag is
shown in the affidavits of Exhibits 7,
S. 9. 10, 11,12, 13, 14, 17, 18. *
Fourth. Major O. R. Smith also
had a large flag made by^Mrs. Wln
borne, such flag being a duplicate of
the model she had previously made,
dnd was sent to Montgomery and was
adopted as the Confederate Stars and
Bars Flag. In evidence of this see
her affidavit. Exhibit 2, and th*t-of
Mrs. Sue Jasper Sugg's, Exhibit 3.
There are quite a number of affi
davits, testfylng to this flag-raising.
They prove that a flag which Mrs.
Wlnborne and Mrs. Sugg (see* Ex
hibits 2 and 3) say was exactly like
the model sent to the Confederate
Congress by Major Smith, was
raised in Louisburg.
They generally prove, in addition
to the fact that the Stars and Bars
Flag was raised in Louisburg, North
Carolina, March 18th, 1861, that the
flag raised was the Confederate flag,
and was believed to have been desig
ned by Major O. R. Smith. S$e Ex
hibits 2. 3. 5, 6, 9, 13, 14, 15, 16.
As corroborative of my claim, I sub
mit the report of a Committee of the
North Carolina Confederate Veterans'
Association. They have carefully re
viewed the testimony In substantia
ting my claim and make an unanimous
report in favor of the claim that my
father, Major O. R. Smith, designed
the Stars aricf Bars flag of the Con
federacy. See Exhibits 19.
The North Carolina Division of tho
United Daughters of the Confederacy
also adopted unanimously the report
of Mrs. Fannie Ransom Williams,
which she read at Tarboro, N. C., His
torical Evening, October, 1913. See
Exhibit 20.
All of which is respectfully sub
mitted, and I trust
submitted will fully suSstantl^^^lio
claim I make in honor of my dear
old -father's memory, that he, Major
Orren Randoph Smith, ,?^jild b?
awarded the distinction ^proving de
signed the Stars and Bars Flag of the
Confederacy.
Sincerely yours,
(Signed) Jessica Randolph Smitln
Brief Synopsis of Evidence Submitted.
Smith Exhibit 1.- Affidavit of
Major Orren R. Smith describing his
designing the flag.
Smith Exhlblt?10. Action of Board
of Commissioners of Franklin county,
North Carolina, September, 1914.
Smith Exhibit No 11. Action of
Commissioners of the Town of Louls
burg, N. C., September 4, 1914.
Smith Exhibit 19. Report of Com
mittee of North Carolina Division U.
C. v.. by Walter Clark, W. Pr Wood
and J. Bryan Grimes.
The above three exhibits, in addition
to Others, heftr witness tn tha hlyh
character of Major O. R. Smith.
Smith Exhibit 2. Affidavit ot Mw,
Catherine Rebecca Winborne that sho
made the model for Major 3mith, and
knows that it was sent to Confederate
authorities at Montgomery, and that
the flag adopted and known as the
Stars and Bars was the same as that
made for Major Smith.
Smith Exhibit 3. Affidavit of Mrs.
Sue Jasper Sugg that she saw Mrs. C.
R. Winborne making the model flag
for Major Smith. ?
Smith Exhibit 4. Affidavit of Mrs.
Molile 8. Jones.
< (Continued on Pse? Two.)
H