I have to-day considered with more care than when the subject was orally presented me the action of your Department directing letters to be addressed to the governors of all the States offering to return, if desired, to the loyal States the Union flags captured in the War of the Rebellion by the Confederate forces and afterwards recovered by Government troops, and to the Confederate States the flags captured by the Union forces, all of which for many years have been packed in boxes and stored in the cellar and attic of the War Department.
I am of the opinion that the return of these flags in the manner thus contemplated is not authorized by existing law nor justified as an executive act.
I request, therefore, that no further steps be taken in the matter except to examine and inventory these flags and adopt proper measures for their preservation. Any direction as to the final disposition of them should originate with Congress.
Yours, truly,
GROVER CLEVELAND.
WAR DEPARTMENT, ADJUTANT-GENERAL'S OFFICE,
Washington, June —, 1887.
Hon. —— ——,
Governor of ——.
SIR: Referring to the letter from this office dated June —, 1887, on the subject of the return to the respective States of the flags now in the custody of the War Department, I am instructed by the Secretary of War to inform you of the withdrawal of the offer made therein, as on a more careful consideration of the legal points involved in the proposed action the President of the United States is of the opinion that the return of these flags is not authorized by existing law nor justified as an executive act, and that any direction as to their final disposition should originate with Congress.
I have the honor to be, very respectfully, your obedient servant,
—— ——, Adjutant-General.