Federal sources mistakenly claimed that on
April 6, 1865, at Sailor’s Creek, two Federal cavalrymen of Custer’s division captured
flags that belonged to the 12th Virginia Infantry.[1] Neither banner belonged to the 12tb. Its battle line did not participate in the
battle of Sailor’s Creek. Custer/s
troops charged “the enemy’s wagon train” and captured 300 wagons and much of
Ewell’s command.[2] The flags that Custer’s men allegedly
captured from the 12th bore neither unit designation nor battle honors. On June 4, 1892, before any controversy
regarding the regiment’s banner had arisen, Phillips wrote: “The Flag we had at Appomattox was not
surrendered but cut up in places….”[3]
In 1905, the United States
government returned to Virginia the flags that now hang as WD 333 and WD 437 in
the American Civil War Museum (formerly the Museum of the Confederacy). Their misidentification as banners of the
12th touched off a flurry of letters from the regiment’s veterans. “The 12th Virginia infantry flag was not
surrendered,” wrote Phillips after explaining that the 12th had not become
engaged at Sailor’s Creek. “I with my
own hands tore it to pieces….”[4] He stated that he still had the star he had
taken for himself. Phillips’
granddaughter had it in her possession when I photographed it years ago in
Arlington Heights, Illinois. Attached to
it is Phillips’ inscription, which states that the star is “from the Battle
Flag of the 12th Va Infantry, which I with my own hands tore it up at
Appomattox when we surrendered on the 9th of April 1865….”[5] Another source corroborates Phillips. “The regimental flag…was not surrendered,”
wrote Birdsong, who also insisted that the 12th did not fight at Sailor’s
Creek. “When the regiment stacked arms
after surrender, the flag was cut up by the boys….”[6]
Conclusive evidence came from
Corporal Francis C. Stainback of Company A, the Petersburg City Guard. It is the portion of the flag that reads
“12th. Va.” and it rests in the Museum of Virginia Military Institute. His inscription, which accompanies the
fragment, states that he brought it away from Appomattox in his shoe, that the
flag was divided to keep the enemy from getting it, and that the 12th never
lost a flag.[7]
In response to an email about a
captured flag identified as that of the 12th at the American Civil War Museum
(formerly the Museum of the Confederacy), Robert Hancock of the museum emailed me
the following:
…The flag long
associated with the 12th Virginia Infantry and captured at Sailor’s Creek is
listed in the records as WD 437. However,
subsequent research has determined that there is not enough evidence to
designate this flag as that of the 12th Virginia.
The only evidence we have that the
flag captured by Lt. James Gibben, 2nd NY Cavalry, at Sailor’s Creek is that of
the 12th Virginia Infantry i[n] the Register of Captured Flags which also assigned
the flag its WD number. As you state,
further evidence indicates that the 12th was not engaged at Sailor’s Creek and
subsequently tore up their flag to prevent its surrender at Appomattox. WD 437 is without unit identification or
battle honors, but testimony states that the one torn up at Appomattox
certainly had battle honors. I believe
that the fragment containing the unit ID is at VMI. If WD 437 is a retired flag of the 12th, it
would probably have been festooned with battle honors and unit ID as was the
one at Appomattox. This is just
speculation.
As a point of pride, a unit would
keep its flag until they had to get a new one due to excessive damage or
loss. There is very little damage to WD
437, so probably would not have been retired. Off the top of my head, I cannot think of any
unit that surrendered two flags at the same, or approximately the same, time;
one that was being actively used and one in the baggage. For these
reasons, we have decided to list this flag as belonging to an unknown unit. There was so much confusion, and things were
happening so quickly, that we may never sort out most of the unmarked flags
captured at Sailor’s Creek and Appomattox….
Sincerely,
Robert F. Hancock
Senior Curator
& Director of Collections[8]
In response to an email about
another captured flag identified as that of the 12th at the Petersburg Siege Museum, Harold
Jacobson of the museum emailed me the following:
…The flag…has been
tentatively identified as belonging to the 12th NC Infantry but was once
thought to be from the 12th VA. The American Civil War Museum has the complete
catalog record and image online, located at:
http://moconfederacy.pastperfectonline.com/webobject/89A3BB42-E30C-46AA-BA08-473522773733
They have a second flag, also
incorrectly identified from the 12th VA infantry, which can be found here: http://moconfederacy.pastperfectonline.com/webobject/6E20E5E0-9720-4C0A-9936-439248005641....
Harold Jacobson
Curator of
Collections
City of Petersburg[9]
In conclusion, I think it is possible that the wagons captured by the
Federals at Sailor's Creek contained a retired battle flag of the Petersburg
Regiment, but the 12th Virginia's last battle flag was torn up at Appomattox.
[1] OR 46:1, 591-592, 1258-1259
[2] Ibid., 1:1132, 1136.
[3] Letter, James E. Phillips to
George S. Bernard, June 4, 1892, Bernard Papers, SHC.
[4] “Capt. Jim Has A Star From
Flag: Tore Up Twelfth Virginia Colors to
Prevent Their Surrender at Appomattox,” unidentified newspaper clipping, n.d.,
Phillips Papers, Private Collection of Elise Phillips Atkins.
[5] Star Fragment, Phillips Papers,
Private Collection of Elise Phillips Atkins.
[6] James C. Birdsong, “Error As To
Flags Of 12th Virginia: That Regiment
Fought Its Last Battle Near Farmville, Not at Sailor’s Creek,” Richmond Times-Dispatch, March 31, 1907.
[7] Francis Charles Stainback
Collection, Virginia Military Institute Museum, VMI.
[8] Email, Robert Hancock to John
Horn, January 6, 2016, Private Collection of John Horn.
[9] Email, Harold Jacobson to John
Horn, January 14, 2016, Private Collection of John Horn.
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