The documents shown can be found in General Lees service
record maintained by the Adjutant Generals Office of the United States Army.
1. The Oath of Allegience General Lee executed in
1855, upon being commissioned leuitenant colonel of the Second Cavalry.
2. A diagram of the route of one of General Lees
field trips in Texas.
3. A copy of a letter received by Brigadier General
Twiggs, from General Scott, dated January 1861, ordering Lee to return to Washington by April 1, 1861.
4. Lee accepts Secretary of War Camerons offer of a
commission as colonel of the First Cavalry, March 30, 1861. The commission was signed by both Cameron and Lincoln. Lincoln submitted the commission to
the Senate on March 21. The commission was confirmed by the Senate on March 23.
It was issued on March 25.
5. Lees report of his appearance at Washington, April 1, 1861
6. Lees tender of his resignation as Colonel Second
Cavalry, dated April 20, 1861.
There is no direct evidence in the records of the U.S. War
Department that President Lincoln authorized anyone to offer General Lee
command of the armed forces of the United States, or any army thereof.
7. Lees note of his remarks, made on April 22 in
the Virginia State House, in Richmond, offering his sword in defense of the
state from invasion.
8. The circular issued by the U.S. Adjutant General,
seeking confirmation from the several departments of the army that Lees
accounts are in order; a prerequiste to transmitting the resignation letter to
the Secretary of War for acceptance.
9. War Department documents showing Lees
resignation was formally accepted on April 25, 1861. According to Snow, Southern Generals, their Lives and Campaigns, at pp. 42-44, and Lee by Douglas
S. Freeman, p. 464, General Lee was offered by the State of Virginia the
commission as brigadier general on April 23, 1861. According to notes in Lees
U.S. Army service record, he was notified of the acceptance of his resignation
as colonel First Cavalry by letter dated April 27, 1861, signed by Asst Adj. General Julies P. Garessche. This letter was addressed to him at Washington D.C. (See Vol 3 Comm & return letterbook, page 211.)
10. Lees Service Record
11. General Lees Parole, executed April 9, 1865
12. In the spring of 1865, pursuant to a proclamation
of amnesty issued by President Johnson, Lee submitted to the War Department a
request to be included. The request was not responded to, as the terms of the
amnesty excluded Lee and no oath of allegience, as required, accompanied the
request. It appears that no evidence exists that Lee ever formally executed an
oath of allegience as dictated by the victor.
Examples of the oath process are found in the correspondence
of one of Lees corps commanders, Richard Ewell.
In June 1865, after being held prisoner for a time, Ewell
wrote the following oath and tendered it to the government
I, Richard S. Ewell, do solemly swear that I will
henceforth faithfully support and defend the constitution of the United States and the Union of the states.
Later, on July 19, 1865, Ewell was presented with a printed
form to sign.
The form oath reads, I, Richard S. Ewell, do solemnly swear
that I will support, protect,and defend the Constitution and Government of the United States against all enemies, whether domestic or foreign; that I will bear true
faith, allegience and loyalty to the same. . . .
Since 1955, when the Congress caused the words under God
to be inserted in the oath of allegience recited by school children, the oath
now reads, I pledge allegience to the flag of the United States and the
government for which it stands, one nation, indivisible, with liberty and
justice for all.
These latter day renditions of the Oath of Allegience make
a statement distinctly different in material fact from that which General Lee
executed in 1855. That oath reads, I solemnly swear I will bear true allegience
to the United States of America and that I will serve them against all their
enemies. . .
On July 4, 1868, President Johnson issued a second amnesty
proclamation which included Lee within its terms and did not require an oath of
It would appear that the July 4th amnesty
proclamation operated to pardon General Lee for the alleged offense of
treason (as that term is defined in the U.S. Constitution it does not
encompass resistence to Lincolns invasion of Virginia). Nine days after the
July 4th proclamation was published the 14th amendment to
the Constitution was ratified. The third section of the amendment materially
restricted Lees political rights unless releived by a vote of two thirds of
each house of Congress. Following General Lees death, on October 18, 1870, Congress removed all political disabilities to which he was subject.
It is the opinion of the War Department that full and
complete amnesty was accorded General Lee by these several proclamations and
acts of Congress.