A good question. Some years ago when a group in Virginia tried to go after the 28th Virginia flag taken at Gettysburg by the 1st Minnesota and properly sent to, and logged in by, the US War Department. It was loaned to the Minnesota vets for a reunion and never returned. The flag remains in Minnesota today; in my opinion stolen Federal property.

What this group found was that the Secretary of War, who ended up loaning out a number of captured CS flags (many of which were not returned), did not have the legal authority to do so. This was government property in general and I would assume that this would pertain to the giving of a flag as well - but then again I am sure some Fed lawyer would come up with some reason that a president could give away anything he wanted.

I know that many British Army color are in various cathedrals around the nation, many falling into shreds from what I have been told. I know of one flag sold by an American auction house a few years ago, issued just after the Napoleonic Wars I believe. I am sure that is not the only flag out there either.

Greg Biggs