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According to the available documentation, this flag may have been issued in the spring of 1864 and bears characteristics similar to the other "Hardee pattern" flags issued to the division of Major General Patrick R. Cleburne, Army of Tennessee. According to W. E. Preston who served with Co. B, 33rd Alabama Infantry, the flag was issued at Dalton, Georgia around March 1864.

This flag was apparently captured by Captain J. H. Brown, Co. D, 12th Kentucky Volunteer Infantry, on November 30, 1864 during the Battle of Franklin. However, some confusion exists as to the location and history of the flag for the next 76 years. In his report concerning the capture of flags (January 31, 1865) Major General J. M. Schofield notes that Captain John H. Brown was among the nine men who would bear their captured flags to Washington to be deposited in the U.S. War Department. The "Register of Captured Flags, 1861-65", Records of the Office of the Adjutant General, Record Group. No. 94, National Archives, lists number "245 Rebel Battle Flag captured by John H. Brown, Co. D, 12th Ky. Infantry."
Alabama Department of Archives and History, Montgomery, Alabama