Whichever it was, the snake and motto appear on both the Gadsden Flag and the First Naval Jack. The background of the Gadsden Flag is yellow; that of the Naval Jack is red and white stripes. Interstingly, when the first Marines sailed on the Alfred, their drums were painted yellow, with the snake and motto. See these sites: http://www.navyjack.info/history.html; http://www.united-states-flag.com/dont-tread-on-me.html; http://www.gadsden.info/history.html Stan