The flag of the United States is the product of three separate flag acts. The First Flag Act in 1777 established the official design for the Stars and Stripes. In 1795 the Second Flag Act provided for the official addition of both a star and a stripe for newly admitted states; and in 1818 the Third Flag Act fixed the number of stripes at 13, while allowing for the official addition of a star for each new state on the 4th of July following that state's admission to the Union. Although this system, at first glance, seems straight forward, it did allow for multiple states to be admitted without sufficient time for that state's star count to become official, thus the possibility for unofficial flags was created.
"The Flags That Never Were" refers to rare United States flags with star counts that were never official. These unofficial flags represent the power of symbol, for sanctioned or not, citizens of certain states wanted to be represented on the flag whether or not it was in compliance with the 3rd Flag Act. Because U.S. flags bearing 14, 16, 17, 18, 19, 39, 40, 41, 42 and 47 stars never enjoyed official status they were never produced in large numbers and are very rare. This did not deter both citizens and entrepreneurs from making these flags. (N.B. There are no period 14 or 19 star flags in the Zaricor Flag Collection.)
The best known of the unofficial flags is the 39 star flag, which were first produced in 1875 in anticipation of statehood for the Dakota Territory. The 39 star flag enjoyed the longest period of unsanctioned use, 14 years. This was unintentionally created by the citizens of the Dakota Territory who squabbled among themselves as to the location for the capital of Dakota, Bismarck in the north or Yankton in the south. Congress rendered the argument moot by splitting Dakota in 1889. In order to avoid controversy and show no favoritism, when the Act of Admission was signed by President Benjamin Harrison he intentionally shuffled the papers, mixing them up, so the true identity of the 39th state will never be known. The subsequent and rapid admission of Idaho and Wyoming in early 1890 created additional unofficial flags.
The Unofficial Flags Grouping deals with those from the late 19th and early 20th centuries as the star counts between 13 and 20 have been presented in previous Groupings. Contained herein are several examples of both vernacular and professionally made examples of the 39 star flag and the rarer 40, 41, 42 and 47 star flags, displaying double ring, rectilinear, staggered and scattered star patterns.
Item Ref | Item Name | Sub-Collection | |
ZFC0627 | U.S. 39 Star Flag - Unofficial. | Mastai - Early American Flags | |
ZFC0592 | U.S. 39 Star Flag - Unofficial. | Judge John T. Ball courtroom & chambers flag collection | |
ZFC0666 | U.S. 39 Star Flag, 1875-1890 - Unofficial. | Mastai - Early American Flags | |
ZFC1100 | U.S. 39 Star Flag - Unofficial. | Star Spangled Banner Flag House | |
ZFC1420 | U.S. 39 Star Unofficial Flag. | U.S. 39 Star Flags | |
ZFC3090 | U.S. 39 Star Flag - Annin & Co. | U.S. 39 Star Flags | |
ZFC0234 | U.S. 39 star flag, made from a scarf. | U.S. 39 Star Flags | |
ZFC0038 | 39 Star Unofficial U.S. Flag. | Star Spangled Banner Flag House | |
ZFC5017 | U.S. 39 Star Flag - Kinetic Star Pattern. | Flag Center | |
ZFC1421 | U.S. 39 Star Flag Print - Unofficial. | U.S. 39 Star Flags | |
ZFC0688 | U.S. 39 Star Homemade Flag - Unofficial. | Mastai - Early American Flags | |
ZFC0643 | U.S. 39 Star Flag - Printed. | Mastai - Early American Flags | |
ZFC0689 | United States // 40 Stars // | Mastai - Early American Flags | |
ZFC0025 | U.S. 40 Star Flag - North Dakota. | Star Spangled Banner Flag House | |
ZFC3231 | United States // 40 Star Flag / 8-8-8-8-8 centere | U.S. 40 Star Flags | |
ZFC0593 | United States/40 Stars/North & South Dakota | Judge John T. Ball courtroom & chambers flag collection | |
ZFC0162 | 41 Star U.S. Flags - Montana. | Star Spangled Banner Flag House | |
ZFC1380 | US // Flag Hat / 41 stars | U.S. Patriotic | |
ZFC1381 | US / Flag Apron / 41 stars | U.S. Patriotic | |
ZFC3109 | U.S. 42 Star Flag - Uncut Running Yardage. | U.S. 42 Star Flags | |
ZFC0295 | U.S. 42 Star Flag - 7-7-7-7-7-7 Star Pattern. | U.S. 42 Star Flags | |
ZFC3230 | U.S. 42 Star Flag with staggered. | U.S. 42 Star Flags | |
ZFC0595 | United States/42 Stars/Unofficial | Judge John T. Ball courtroom & chambers flag collection | |
ZFC0657 | U.S. 42 Star Flag - Unofficial. | Mastai - Early American Flags | |
ZFC0691 | U.S. 42 Star Flag - Unofficial. | Mastai - Early American Flags | |
ZFC1099 | U.S. 42 Star Civil Flag. | Star Spangled Banner Flag House | |
ZFC0039 | U.S. 42 Star Flag. | Star Spangled Banner Flag House | |
ZFC3165 | U.S. 42 Star Flag with 8-9-8-9-8 Star Pattern. | U.S. 42 Star Flags | |
ZFC2282 | U.S. Unofficial 47 Star flag - New Mexico. | U.S. 47 Star Flags |