Governor Francis P. Fleming (1841–1908)

The original Florida state flag was totally white with the circular state seal in the middle from when Florida became a state until 1900 when two red bars were added. These solid red diagonal stripes (known as a red saltire or St. Andrew’s cross) criss cross the flag providing a subtle reminder of time when the United States was divided.

The Governor responsible for this addition, Governor Francis Fleming, requested that State adopt this change in order to avoid its flag from appearing like a white flag of surrender. He may have had an ulterior motive since he was a proud Confederate Veteran. Requesting that the red saltire not include white stars or remain solid red suggests that the Governor could have predicted the day when someone might challenge flags’ associated with the Confederacy. And with these minor modifications, Florida’s flag would remain intact.

Today, the only state flag containing a full Confederate battle flag is the state flag of Mississippi. Though attempts have been made to remove it, the latest referendum (in 2001) failed to achieve the necessary votes.

Arkansas’ flag contains a portion of the Confederate battle flag. It avoids criticism because its blue-striped white-starred ribbons are not crossed but form a diamond. Also, the shade of blue is darker than the Confederate battle flag’s shade of blue.

South Carolina, Alabama and Florida raised the actual Confederate battle flag over their statehouses almost 100 years after the Civil War. South Carolina placed the Confederate battle flag on its statehouse in 1962. It remained there in defiance of boycotts until it was finally removed in 2000. Alabama flew the Confederate flag from 1963. Once it was lowered for renovations to the statehouse (1992), it was never raised again. Florida was still flying the Confederate battle flag on its capitol building in 2000. Raised in 1978, it flew alongside the Spanish flag, the French flag and the British flag, historically the four flags that had flown over the state. When the Confederate flag was removed for renovations, Governor Jeb Bush suggested that it never fly over the capitol again. It has not been flown since.

While State flags bearing portions of the Confederate Flag are being challenged, modified or mothballed, Florida’s state flag remains unchallenged.

Buried in the Old City Cemetery just a mile east of Hemming Plaza, lies the body of the 15th Governor of the State of Florida (1889 – 1893), Francis Philip Fleming. He was a member of the famous Fleming family who owned 1000 acres of the area known as Fleming Island, just south of Orange Park, Florida. This property was part of a Spanish land grant presenting in 1790, to the Governor Flemings’ paternal grandfather, George Fleming (a descendant of the barons of Slane) for his “distinguished and extraordinary service, to which he contributed both his property and person in defense of the said province at different periods, sacrificing and abandoning his property, as a faithful subject, worthy of every recompense for his love, fidelity, and patriotism.”

George married Sophia, a wealthy Swiss immigrant “of wealth and prominence.”

Their son Lewis Fleming (the Governor’s father), was born in 1798, distinguished himself as a Major on the staff of Governor Richard K. Call. Lewis was mentioned in the Indian War battle of Wahoo Swamp for his “gallantry.” He died in 1862.

Miraculously, the family’s plantation estate home (built in 1825), known as “Hibernia” escaped destruction during the Civil War. It was described in one writing as “a white structure on the river … with square columns, two stories high, support galleries on its north and east sides, and the high gabled roof is shaded by a patriarchal oak.”

Against all odds, the officer sent to destroy “Hibernia”, Colonel Guy V. Henry, 1st Massachusetts Calvary, was a distant relative of the family. In April 1864, disobeying direct orders, he spared the property leaving this residence as the only Civil War era plantation homes which survived destruction in North Florida.

Fleming’s father, Colonel Lewis Fleming, was married twice. His first wife, Augustina, was a direct descendant of the Conqueror of Mexico, Hernando Cortez. They had three children, George, Sophia, and Lewis I. Fleming. His second wife Margaret Seton Fleming, Governor Fleming’s mother, was of the Irish Seton family.

To write that Francis Fleming had a gifted life would be an understatement. From an early age Fleming was schooled at the plantation by private tutors. When war broke out between the states, he served as a Confederate Captain. His brother, Charles Seton Fleming, also a proud Confederate Officer, was wounded and captured in Williamsburg, traded for Union prisoners, recovered from his wounds and finally rejoined his division. Captain Charles Seton Fleming was killed in a skirmish at Gains Farm, Virginia, June 3, 1864, while leading a gallant charge at Cold Harbor. He was buried where he died on the battlefield. Twenty-nine years later on June 3, 1893 (his last year as Governor), Francis Fleming found the burial site, extracted the body and moved it to a new burial plot in Richmond, Virginia. Governor Fleming had
fought in the Gains Farm battle and may have prayed over his brothers remains. This would explain his knowledge of Charles’ burial site.

On May 12, 1868, Francis Fleming passed the Florida bar and began practicing as a lawyer with the firm was known as Fleming and Daniel. His step-brother, Colonel Lewis I. Fleming and Colonel James J. Daniel were law partners in one of the most prominent firms in the state of Florida. It was not long before Francis was promoted the firm became known as Fleming and Fleming.

On May 23, 1871, Francis Fleming married, Florida Lydia Pearson, daughter of Supreme Court Justice Bird M. Pearson. They had three children: Francis Philip, Jr., Elizabeth Fleming, and Charles Seton. Francis, Jr. and Charles Seton both graduated from law school and joined the Fleming and Fleming firm. In 1888, when he decided to run for the state’s highest office the Yellow Fever epidemic struck killing his two law partners. Even with such loss, he drove on and was elected Governor in 1889.

A state-wide census was performed in 1890. It recorded Florida’s population at 391,000, which included 27,000 in Duval County. This made Duval County the largest county in the state.

Governor Fleming took control of the state immediately following the destructive effects of the 1888 Yellow Fever quarantine. He had personally been touched by its death and destruction. The area of North Florida was affected the most by this illness but it killed as far West as Tampa striking fear in Florida citizens and even visiting tourists who provided aconstant form of revenue. The worst part of Yellow Fever was that it was not clear what caused the malady. What was well-known was that it only appeared in the summer months and had never continued past the first freeze. Today, we all are aware that it was carried by the mosquito but in 1888, everyone had a theory of its cause. The most trusted medical and scientific minds of the day believed it to be an airborne epidemic.

Since Yellow Fever struck nearly every summer, Governor Fleming was not about to have a repeat of 1888 during his term. He hired a retired physician and formed the State Board of Health. This was a feat which no one can deny saved thousands of lives in the short term and still saves lives to this day.

In his first year, he was responsible for establishing a new method for assessing property for state taxes, making counties pay for a portion of its criminal court costs, establishing a bureau of immigration, building a state prison, creating a office of state Chemist, establishing a fisheries commission, carefully revising the pension laws, creating a railroad commission, and many other well-needed state overhauls.

The state was teetering on financial ruin when Fleming took over. Luckily, during his reign as Governor, huge Phosphate mines were discovered in Marion County. This proved to be the first natural mineral source located and a much needed vein of revenue. Another tremendous issue of the state when he took office was the housing of dislocated Indians. To solve this issue, he set aside three separate tracts of land and put them in trust overseen by a newly formed Indian Commission made up of three prominent men. The Indians were given this land to live on in perpetuity.

After his Governorship, he was offered many political positions including a seat on the Supreme Court. He turned down them all and returned to private life. He practiced law in his Fleming & Fleming firm until his health failed. On December 20, 1908, Governor Fleming died. He had suffered a slow and painful death.

The Florida Historical Quarterly had this to say of Governor Fleming: He was “a thoughtful and affectionate husband and father, a devoted friend, a brave soldier, a loyal and patriotic citizen, a faithful public officer, a wise counsellor (sic), an ardent and zealous churchman, and a conscientious, charitable, and consistent Christian gentleman, his memory will long survive among those for whom he made the world better for having lived in it.”

God Bless You, Governor Francis P. Fleming and family.