U.S. 33 Star "Eagle Canton" Militia National Color

33 Star "Eagle Canton", US Militia National Color, Evergreen Home Guard.
One of the few ante-bellum California militia flags to survive. Its silk canton is double-sided. The (visible) obverse of the canton bears 33 silver stars around a painted rendition of the United States coat of arms. The practice of combining the national arms and the stars in the canton of a U.S. flag began immediately after the War for Independence and were in continuous (if infrequent) use on militia flags through the Civil War. The same emblems also appeared on flags that the government distributed to American Indian tribes in its efforts to obtain Indian loyalty during the first quarter of the 19th century.

This flag, like a number of others, bears a different design on the obverse and reverse of its canton. (The obverse is the principal side of a flag, normally the one seen when the staff is to the viewers left.) On the obverse of the canton, the artist - who signed his name "Claveau" (Antoine Claveau) as part of the artistic design - also incorporated an inscription in gilt letters. Among the 33 silver stars appears EVER GREEN HOME GUARD NO. 2, the unit designation for militia company from Santa Clara County adopted when they formed. On the reverse side of the canton, the artist expressed the sentiments of the company's men who were willing to fight for SETTLERS RIGHTS & UNION FOREVER. The Stars and Stripes forms the basic design; a distinctive canton differing in design on each side represents the unit that carried the flag. Adaptation of the national flag to serve as a flag for an individual organization was a common theme in American history.

This flag was made for and carried during the so-called "Settlers War" of 1861. In the spring of 1861 settlers in the Evergreen Valley - or squatters, as they were called - made their voices heard by publishing a "Squatters Declaration of Rights" and distributing copies through-out Santa Clara Valley. The land owner, Antonio Chabolla, a native Californio, who held a patented Mexican land grant, asked the Americans to leave. The squatters refused and armed themselves. Chaoblla's lawyer obtained writs of eviction which were to be served by the sheriff.

On the morning of 9 April 1861, three days before the firing at Fort Sumter, a crowd of several hundred had gathered in downtown San Jose. Many in the crowd had been present earlier in front of city hall, when Sheriff John Murphy gave a roll call for a posse to enforce the eviction writ. The crowd responded that they would not assist the sheriff who then dismissed them.

According the journalist Alf Doten, the crowd dispersed and reassembled some 6 miles away at the "Seat of the War", at the Evergreen School House, near the Chabolla Ranch. The squatter/settler army had grown to over 2,000 men, all mounted and armed, including a band, several cannon, several flags and this "Stars & Stripes." Besides the Ever Green Home Guard No. 2, the squatter army included The Berryessa Home Guards and Santa Clara Home Guards. They all agreed to defy the writ and an "Ambrotype Man" recorded the scene while the farmers waved other banners bearing oaths such as "Resistance to Fraud is Obedience to God" and "The Welfare of the People is the Supreme Law of God." There was no violence, bloodshed, and at approximately 1:00 P.M. the settlers returned to their homes, and the Squatter Army returned to San Jose, demonstrating loudly that they meant business!

Doten described that besides the horsemen, there were many buggies and large wagons and the flags were all carried on the wagons for the return to San Jose. This explains the use by the Ever Green Home Guards of so large a flag. The crowd now returned to the streets of San Jose. Sheriff Murphy drove his buggy into the center of Washington Square (now the site of San Jose State), and surrounded by all, gave a speech. He said he derived his power from the people, but the people had resisted him. The people had taken his power away, what could he do? If they were right, go ahead, but if they were wrong, he wasn't responsible. He was cheered, and the crowd dispersed peacefully; thus ended the "Settlers War," three days before the firing at Fort Sumter.

It is presumed that the Ever Green Home Guards carried this color again during the Civil War. The Guards were formed to defend the land grants made under Spanish & Mexican rule, but they also acted in defense of the Union at the time of the Civil War, relieving regulars fro mservice ion the East. The dark blue fringe (hand-sewn at the fly end only) is unusual; it may originally have been black and it might have been added as a symbol of mourning after the time of construction or added at a later date. Because of the star count this flag would have been made circa 1858 - 1860 before the 34th star was added in July of 1861.

The Stars and Stripes forms the basic design; a distinctive canton differing in design on each side represents the unit that carried the flag. Adaptation of the national flag to serve as a flag for an individual organization is a common theme in American history.

This flag is a striking example of mid-19th century workmanship; and likely one of the oldest surviving United States Flags made in California. This 33-star American flag circa 1859-1861 in good condition; discoloration of top three white stripes to yellow other white stripes lower section remain virgin white due to no exposure to light. The fabric is silk; gold and silver paint used on canton; machine-stitched.

Exhibition History:

De Young Museum, Flag Room, Golden Gate Park, San Francisco, CA.

First Presidio Exhibit
33-Star Eagle In Canton U.S. Militia National Color

Second Presidio Exhibit, 2003 Gallery III
33-Star Eagle in Canton U.S. Militia National Color

Publication History:
Madaus, Howard M., Dr, Whitney Smith, The American Flag: Two Centuries of Concord and Conflict. Santa Cruz: VZ Publications, 2006, pp. 64-65.

Provenance:
• Studio of Antoine Claveau, San Francisco, CA, 1858/59.
• Evergreen Hone Guard #2, San Jose, CA, 1859/61.
• Retained as a memento of service by Capt. William Spencer.
• Conveyed to Dr. Angus B. Cowan, Fresno, CA.
• Gifted by Dr. Angus B. Cowan to the deYoung Museum, San Francisco, CA, 29 July 1922.
• Sold via Butterfield & Butterfield Auctions, SF, CA, to the Zaricor Flag Collection, 1997.


ZFC Significant Flag
Item is Framed

Sources:

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Madaus, Howard M.- Whitney Smith, The American Flag: Two Centuries of Concord and Conflict, VZ Publications, Santa Cruz, 2006.

Showdown in Washington Square: The San Jose Settlers War of 1861, San Jose Public Library, 2 November 2011, from:
http://www.sjpl.org/blog/showdown-washington-square-san-jose-settlers-war-1861

Clark, Walter Van Tilburg, The Journals of Alfred Doten, Volume One, April 9, 1861, Reno, University of Nevada Press, 1973.

Cortese, Colleen, Squatters Declaration of Rights led to Squatters War of 1861, January 14, 2005 Paths to Evergreen, Evergreen Times, 2 November 2011, from: http://www.evergreentimes.com/011405/paths2evg.htm

Martucci, David, The Eagle Standard, US Flags, Part 4, 2 November 2011, from: http://www.midcoast.com/~martucci/flags/us-hist5.html

Eagle in Canton Flag, 2 November 2011, from: http://americanhistory.si.edu/militaryhistory/collection/object.asp?ID=241

200 years of Old Glory, 16 January 2003, SFGate.com, 2 November 2011, from: http://articles.sfgate.com/2003-01-16/bay-area/17472159_1_flags-silicon-valley-ben-zaricor

Antoine Claveau, AskART, 2 November 2011, from: http://www.askart.com/askart/c/antoine_claveau/antoine_claveau.aspx

Scott, Amy, editor, Yosemite: Art of an American Icon, Los Angeles, University of California Press and Autry National Center Museum of the American West, 2006.

Palmquist, Peter E. & Thomas R. Kailbourn, Pioneer Photographers of the Far West: A Biographical Dictionary, 1840-1865, Stanford, Stanford University Press, 2000.

Image Credits:

Zaricor Flag Collection
San Francisco Chronicle

CSG
MLC
MLF

Hoist & Fly
Width of Hoist	76
Length of Fly	115

Union/Canton
Width of Union/Canton	38
Length of Union/Canton	38

Stars
Size of Stars	2

Stripes
Width of 1st Stripe	6
Width of 3rd Stripe	6
Width of 8th Stripe	6
Width of Last Stripe	6
Size of Hoist	1

Frame
Is it framed?	yes
Frame Height	86
Frame Length	120

Stars
Number of Stars	33
How are the stars embeded?	Painted
Are there stars on obverse?	no
Are there stars on reverse?	no
Star Pattern	scatter pattern

Stripes
Number of Stripes	13
Color of Top Stripe	Red
Color of Bottom Stripe	Red
Has a Blood Stripe?	no
Comments on Stripes	Stripes have discolored from previous exhibition

Crest/Emblem
Description of Crest/Emblem	Stylized American Eagle

Nationality
Nation Represented	United States

Fabric
Fabric	Silk
Comments on Fabric	Silk is dehydrated and subject to fracture

Stitching
Stitching	Machine
Comments on Stitching	Fringe hand stitched

Thread
Type of Thread	Needs Analysis
Thread Material	Needs Analysis

Weave
Type of Weave	Plain

Attachment
Comments on Method of Attachmen	5 Ties
Method of Attachment	Ties

Applica
Applique Sides	Double Faced = Reads correctly on both sides

Documentation
Documents
Research Documents
Public Copy & Signs

Condition
Condition	Fair
Damage	in good condition; discoloration of top three white stripes to yellow, other white stripes lower section remain virgin white due to no exposure to light. Major damage in canton on obverse side to a lesser degree on reverse Canton unstable (fragmenting) Trending to fair
Displayable	yes

Date
Date	1858

Exhibits

Exhibition Copy

Exhibited in the Flag Room of the de Young Museum, San Francisco, CA. First Presidio Exhibit (ZFC0001) 33-STAR "EAGLE IN CANTON" U.S. MILITIA NATIONAL COLOR Date: 1860-1861 Media: Oil paint and gilding on silk Comment: This is one of the few ante-bellum California militia flags to survive. Its silk canton is double-sided. The (visible) obverse of the canton bears 33 silver stars around a painted rendition of the United States coat of arms. The practice of combining the national arms and the stars in the canton of a U.S. flag began immediately after the War for Independence and was in continuous (if infrequent) use on militia flags through the Civil War. The same emblems also appeared on flags that the government distributed to American Indian tribes in its efforts to obtain Indian loyalty during the first quarter of the 19th century. This flag, like a number of others, bears a different design on the obverse and reverse of its canton. (The obverse is the principal side of a flag, normally the one seen when the staff is to the viewer's left.) On the obverse of the canton, the artist - who signed his name (Claveau ) as part of the artistic design - also incorporated an inscription in gilt letters. Among the 33 silver stars appears EVER GREEN HOME GUARD NO. 2, the nickname the militia company from Santa Clara County adopted when they formed. On the reverse side of the canton, the artist expressed the sentiments of the company's men who were willing to fight for SETTLERS' RIGHTS & UNION FOREVER. Provenance: Acquired by the Zaricor Flag Collection (ZFC0001) in 1997 from the De Young Museum Collection through Butterfield & Butterfield Auction House of San Francisco, CA. Second Presidio Exhibit, 2003 - GALLERY III (ZFC0001) 33-Star "Eagle in Canton" U.S. Militia National Color Date: 1860-1861 33 Stars: July 4, 1859-July 3, 1861 (Oregon statehood February 14, 1859) Media: Oil paint and gilding on silk Comment: This is one of the few ante-bellum California militia flags to survive. Its silk canton is double-sided. The (visible) obverse of the canton bears 33 silver stars around a painted rendition of the United States coat of arms. The practice of combining the national arms and the stars in the canton of a U.S. flag began immediately after the War for Independence and was in continuous (if infrequent) use on militia flags through the Civil War. The same emblems also appeared on flags that the government distributed to American Indian tribes in its efforts to obtain Indian loyalty during the first quarter of the 19th century. This flag, like a number of others, bears a different design on the obverse and reverse of its canton. (The obverse is the principal side of a flag, normally the one seen when the staff is to the viewer's left.) On the obverse of the canton, the artist-who signed his name (Claveau) as part of the artistic design-also incorporated an inscription in gilt letters. Among the 33 silver stars appears "EVER GREEN HOME GUARD NO. 2", the nickname the militia company from Santa Clara County adopted when they formed. On the reverse side of the canton, the artist expressed the sentiments of the company's men who were willing to fight for "SETTLERS' RIGHTS & UNION FOREVER." Provenance: Acquired by the Zaricor Flag Collection (ZFC0001) in 1997 from the De Young Museum Collection through Butterfield & Butterfield, SF, CA.

Publications

Publication Copy

Madaus, Howard M., Dr, Whitney Smith, The American Flag: Two Centuries of Concord and Conflict. Santa Cruz: VZ Publications, 2006, pp. 64-65. "33-Star "Eagle in Canton" U.S. Militia National Color This is one of the few ante-bellum California militia flags to survive. Its silk canton is double-sided. The canton bears 33 silver stars-the only one in the exhibition-around a painted rendition of the United States coat of arms. The practice of combining the national arms and the stars in the canton of a U.S. flag began immediately after the War for Independence and was in continuous, if infrequent, use on militia flags through the Civil War. The same emblems also appeared on flags that the government distributed to Native American Indian tribes in its efforts to obtain Native American Indian loyalty during the first quarter of the 19th century. This flag, like a number of others, bears a different design on the obverse and reverse of its canton. The obverse is the principal side of a flag, normally the one seen when the staff is to the viewer's left. On the obverse of the canton, the artist, who signed his name "Claveau" as part of the artistic design, also incorporated an inscription in gilt letters. Among the 33 silver stars appears "Ever Green Home Guards No. 2," the nickname the militia company from Santa Clara County, called today Silicon Valley, adopted when they were formed. On the reverse side of the canton, the artist expressed the sentiments of the company's men who were willing to fight for "Settlers' Rights & Union Forever." Date: 1860 - 1861 Size: 76" hoist x 115" fly 33 Stars: July 4, 1859 - July 3, 1861 (Oregon statehood February 14, 1859) Media: Oil paint and gilding on silk Provenance: Acquired by the Zaricor Flag Collection in 1997 from the De Young Museum San Francisco CA Collection through Butterfield & Butterfield, SF, CA. ZFC0001"