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1975/08/05 SJR23 Citizenship for General Robert E. Lee
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1975/08/05 SJR23 Citizenship for General Robert E. Lee
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The original documents are located in Box 28, folder "8/5/75 SJR23 Citizenship for General
Robert E. Lee" of the White House Records Office: Legislation Case Files at the Gerald R.
Ford Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Exact duplicates within this folder were not digitized.
Digitized from Box 28 of the White House Records Office Legislation Case Files at the Gerald R. Ford Presidential Library
APPROVED AU65- 1975
ACTION
Last Day: August 5
THE WHITE HOUSE
WASHINGTON
August 4, 1975
ceramony, (2:12pm)
MEMORANDUM FOR: THE PRESIDENT
Greengton, &
FROM:
JIM CANNON
SUBJECT:
S.J. Res. 23 - Citizenship
for General Robert E. Lee
Attached for your consideration is S.J. Res. 23,
sponsored by Senator Byrd, which would posthumously
restore to General Robert E. Lee full rights of
U.S. citizenship, effective June 13, 1865.
Additional background on the enrolled resolution
is provided in OMB's enrolled bill report at Tab A.
OMB, Max Friedersdorf, Counsel's Office (Lazarus), and
I recommend approval of the enrolled resolution. Paul
Theis will provide you with remarks for your use this
afternoon.
RECOMMENDATION
That you sign S.J. Res. 23 at Tab B.
SERVES N. FORD LIBRARY
OP THE
RESIDENT
EXECUTIVE OFFICE OF THE PRESIDENT
APPROVED
UNITED
OFFICE OF MANAGEMENT AND BUDGET
BECUTIVE
STATE
WASHINGTON, D.C. 20503
AUG 5 - 1975
JUL 3 0 1975
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Resolution S.J. Res. 23 - Citizenship for
General Robert E. Lee
Sponsor - Sen. Byrd (Ind. D) Virginia
Last Day for Action
August 5, 1975 - Tuesday
Purpose
To posthumously restore to Robert E. Lee full rights of U.S.
citizenship.
Agency Recommendations
Office of Management and Budget
Approval (Signing
Statement attached)
Department of Justice
No objection
Discussion
This enrolled joint resolution, would, pursuant to Section 3
of the 14th Amendment to the U.S. Constitution, remove the legal
disabilities placed upon General Lee as a result of his Civil
War military service and posthumously restore to him the full
rights of citizenship, effective June 13, 1865. Section 3 of
the 14th Amendment prohibits any person from holding office as
a member of Congress, as a civil or military officer of the
United States, or as an executive, legislative, or judicial
officer of any State if that person has previously taken an
oath as such an officer to support the Constitution and later
engaged in an insurrection, rebellion, or treasonous action
against the United States.
The history of General Lee's bid for restoration of full citizen-
ship is complicated by a series of intervening events affecting
his eligibility for amnesty.
2
Following General Lee's surrender of the Army of Northern
Virginia at Appomatox on April 9, 1865, President Andrew Johnson
issued four Proclamations of Amnesty, the first of which, dated
May 29, 1865, contained exceptions applicable to people of General
Lee's rank. Facing an indictment for treason, General Lee applied
on June 13, 1865 to the President, through General Ulysses S. Grant,
for restoration of full citizenship. However, General Lee's appli-
cation was defective in that the oath of allegiance required, by a
subsequent Presidential order, to accompany such applications was
not included in Lee's petition. It was not included because the
order requiring it had not reached Richmond in time. General
Grant nevertheless endorsed Lee's application and recommended that
amnesty and pardon be granted.
On October 2, 1865, General Lee executed an oath of allegiance
which met the conditions of President Johnson's first Proclamation
of Amnesty. However, it is reported that Secretary of State
William H. Seward gave Lee's application to a friend as a souvenir
and the oath of allegiance was apparently pigeonholed.
The second and third amnesty proclamations issued by President
Johnson in 1867 and 1868 also excepted people in categories in-
cluding General Lee -- namely, those of high military rank and
those under indictment for treason.
On February 15, 1869, the indictment for treason against General
Lee was dismissed. However, General Lee died on October 12, 1870
without action having been taken on his petition for restoration
of his citizenship. President Johnson's fourth proclamation of
amnesty on December 25, 1875 was unconditional and without excep-
tion and it would have posthumously restored full rights of citi-
zenship to Lee had not the ratification of the 14th Amendment
intervened.
In 1970, General Lee's oath of allegiance was discovered among
old State Department records located in the National Archives.
In response to this discovery, joint resolutions were introduced
in the 92nd and 93rd Congresses. These resolutions were not
passed by Congress.
Your approval of the enrolled resolution would complete the
action that President Johnson presumably would have taken but
3
for the misdirection of General Lee's application and would
restore to General Lee full citizenship.
We have attached a signing statement for your consideration.
James m. Director Trey
for Legislative Reference
Enclosures
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
a.m.
11:00
JUL 3 0 1975
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Resolution S.J. Res. 23 - Citizenship for
General Robert E. Lee
Sponsor - Sen. Byrd (Ind. D) Virginia
Last Day for Action
August 5, 1975 - Tuesday
Purpose
To posthumously restore to Robert E. Lee full rights of U.S.
citizenship.
Agency Recommendations
Office of Management and Budget
Approval (Signing
Statement attached)
Department of Justice
No objection
Discussion
This enrolled joint resolution, would, pursuant to Section 3
of the 14th Amendment to the U.S. Constitution, remove the legal
disabilities placed upon General Lee as a result of his Civil
War military service and posthumously restore to him the full
rights of citizenship, effective June 13, 1865. Section 3 of
the 14th Amendment prohibits any person from holding office as
a member of Congress, as a civil or military officer of the
United States, or as an executive, legislative, or judicial
officer of any State if that person has previously taken an
oath as such an officer to support the Constitution and later
engaged in an insurrection, rebellion, or treasonous action
against the United States.
The history of General Lee's bid for restoration of full citizen-
ship is complicated by a series of intervening events affecting
his eligibility for amnesty.
2
Following General Lee's surrender of the Army of Northern
Virginia at Appomatox on April 9, 1865, President Andrew Johnson
issued four Proclamations of Amnesty, the first of which, dated
May 29, 1865, contained exceptions applicable to people of General
Lee's rank. Facing an indictment for treason, General Lee applied
on June 13, 1865 to the President, through General Ulysses S. Grant,
for restoration of full citizenship. However, General Lee's appli-
cation was defective in that the oath of allegiance required, by a
subsequent Presidential order, to accompany such applications was
not included in Lee's petition. It was not included because the
order requiring it had not reached Richmond in time. General
Grant nevertheless endorsed Lee's application and recommended that
amnesty and pardon be granted.
On October 2, 1865, General Lee executed an oath of allegiance
which met the conditions of President Johnson's first Proclamation
of Amnesty. However, it is reported that Secretary of State
William H. Seward gave Lee's application to a friend as a souvenir
and the oath of allegiance was apparently pigeonholed.
The second and third amnesty proclamations issued by President
Johnson in 1867 and 1868 also excepted people in categories in-
cluding General Lee -- namely, those of high military rank and
those under indictment for treason.
On February 15, 1869, the indictment for treason against General
Lee was dismissed. However, General Lee died on October 12, 1870
without action having been taken on his petition for restoration
of his citizenship. President Johnson's fourth proclamation of
amnesty on December 25, 1875 was unconditional and without excep-
tion and it would have posthumously restored full rights of citi-
zenship to Lee had not the ratification of the 14th Amendment
intervened.
In 1970, General Lee's oath of allegiance was discovered among
old State Department records located in the National Archives.
In response to this discovery, joint resolutions were introduced
in the 92nd and 93rd Congresses. These resolutions were not
passed by Congress.
Your approval of the enrolled resolution would complete the
action that President Johnson presumably would have taken but
3
for the misdirection of General Lee's application and would
restore to General Lee full citizenship.
We have attached a signing statement for your consideration.
James m. Director Trey
for Legislative Reference
Enclosures
STATEMENT BY THE PRESIDENT
I have today signed S.J. Res. 23, restoring posthumously
full rights of citizenship to General Robert E. Lee.
General Lee was a widely respected military figure and
a person whose dedication to duty has never been questioned.
During his distinguished career, he honorably served both the
United States and his native State of Virginia. However, as
a result of his service as General of the Army of Northern
Virginia, his citizenship had been forfeited. He faced defeat
at the close of the Civil War with dignity and he later humbly
sought to regain his full rights of citizenship in accordance
with the Proclamations of Amnesty of President Andrew Johnson.
This resolution responds to the formal application of
General Lee to the President on June 13, 1865 for the restora-
tion of full rights of citizenship. Although this petition was
endorsed by General Grant and forwarded to the President through
the Secretary of War, Lee's application did not include his
oath of allegiance, simply because notice of this additional
requirement had not reached Richmond prior to the forwarding of
his application. Upon his inauguration as President of Washington
College on October 2, 1865, General Lee executed a notarized
oath of allegiance. However, his application was never acted
upon by the President apparently since the oath of allegiance
had been lost only to be discovered over 100 years later in 1970
in the National Archives.
In passing and approving this joint resolution, the Congress
and the President, respectively, have removed the legal dis-
abilities placed upon General Lee as a result of his Civil War
2
military service in accordance with Section 3 of the 14th Amend-
ment and in recognition that General Lee had, in the course of
his petition for restoration of full rights of citizenship,
fulfilled the conditions for amnesty and pardon contained within
President Andrew Johnson's Proclamations of Amnesty.
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.:
RRR
Date: July 30
Time: 11:30am
FOR ACTION: Dick Parsons
Max Friedersdorf
RETURN CC (for information TO RESEARCH 123
Jim Cavanaugh
Jack Marsh
Ken Lazarus
Paul Theis
ROOM
FROM THE STAFF SECRETARY
FP
DUE: Date: August 1
Time:
400pm
SUBJECT:
S.J. Res. 23 - Citizenship for General Robert E. Lee
ACTION REQUESTED:
For Necessary Action
X
For Your Fecommendations
Prepare Agenda and Brief
Draft Reply
X
For Your Comments
Draft Remarks
REMARKS:
Please return to Judy Johnston, Ground Floor West Wing
1975 JUL 30 PM 29
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
Jenus 11. Covauaugh
telephone the Sraff Secretary immediately.
For the President
insert
ral Lee was a widely respected leader
dedication to duty has never been
icant role in unifying the nation
ioned. He played a particularly
e years immediately following the
1 War.
insert
General Lee was a widely respected leader
whose dedication to duty has never been
questioned. He played a particularly
signficant role in unifying the nation
in the years immediately following the
Civil War.
Revised seremarks
STATEMENT BY THE PRESIDENT
I am pleased to have signed today S.J. Res. 23, restoring
posthumously the long overdue full rights of citizenship to General
Robert E. Lee.
insert General Lee was a widely respected military figure whose
dedication to duty has never been questioned. During his
distinguished career, he honorably served both the United States
and his native State of Virginia. However, as a result of his
service as General of the Army of Northern Virginia after having
served in the Union Army, his full rights of citizenship had
been forfeited. He faced defeat at the close of the Civil War
with dignity and he later humbly sought to regain his full
rights of citizenship in accordance with the Proclamations of
Amnesty issued by President Andrew Johnson.
This resolution responds to the formal application of
General Lee to the President on June 13, 1865, for the restoration
of full rights of citizenship. Although his petition was
endorsed by General Grant and forwarded to President Andrew
Johnson through the Secretary of War, General Lee's application
did not include his oath of allegiance because notice of this
additional requirement had not reached him before he forwarded
the application. Upon his inauguration as President of Washington
College on October 2, 1865, General Lee executed a notarized
oath of allegiance. However, his application was never acted
upon by the President apparently because the oath of allegiance
was lost. It was discovered in the National Archives more than
100 years later in 1970.
In passing and approving this joint resolution, the Congress
and the President have has removed the legal disabilities placed
upon General Lee as a result of his Civil War military service.
I am delighted to sign this - resolution.
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.:
Date: July 30
Time: 11:30am
FOR ACTION: Dick Parsons on
CC (for information): Jim Cavanaugh
Max Friedersddrf
Jack Marsh
Ken Lazarus on dont change 5.5-
Paul Theis oh
FROM THE STAFF SECRETARY
DUE: Date: August 1
Time:
400pm
SUBJECT:
S.J. Res. 23 - Citizenship for General Robert E. Lee
ACTION REQUESTED:
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X
For Your Comments
Draft Remarks
REMARKS:
Please return to Judy Johnston, Ground' Floor West Wing
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
K. R. COLE, JR.
telephone the Staff Secretary immediately.
For the President
ROOM 128 ....k
RETU.
slark Senatov Bynd offer
STATEMENT BY THE PRESIDENT J
RETURN am pleased to have signed today
ROOM signed S.J. Res. 23, restoring posthumously the
long overdue
full rights of citizenship to General Robert E. Lee.
General Lee was a widely respected military figure and
- whose dedication to duty has never been questioned.
after having served in
During his distinguished career, he honorably served both the
in shanks
this sentance
United States and his native State of Virginia. However, as is
ok starks
It misleading was
the Union Army
a result of his service as General of the Army of Northern
because he
Virginia, his citizenship had been forfeited. He faced defeat the lemo
full rights of
been a word in
pad also
at the close of the Civil War with dignity and he later humbly the
Army In before
began
sought to regain Shanks his full rights of citizenship in accordance
4)
issued by
April
4
with the Proclamations of Amnesty of President Andrew Johnson.
This resolution responds to the formal application of
wsta
General Lee to the President on June 13, 1865, for the restora-
tion of full rights of citizenship. 6/22/78 Although his petition was
wste
andrew
Johnson
endorsed by General Grant and forwarded to the President through
Stanto
the
Slanks Bids office
the Secretary of War Lee S application did not include his
water
oath of allegiance simply because notice of this additional
requirement had not reached Richmond prior to the forwarding aled of
him before he
The 1118 application. Upon his inauguration as President of Washington
College on October you 2, 1865, General Lee executed a notarized
oath of allegiance. However, his application was never acted
upon by the President apparently since monthen the oath of allegiance
was
IT w us
had been lost, only to be discoveredPover 6/22/75 100 years later in 1970.
We
star
in the National Archives
In passing and approving this joint resolution, the Congress
have result
and
the
Drocidont
2
the President
and respectively, have removed the legal disabilities placed
upon General Lee as a result of his Civil War
military service. in accordance with Section 3 of the 14th Amend-
ment and in recognition that General Lee had, in the course of
his petition for restoration of full rights of citizenship,
fulfilled the conditions for amnesty and pardon contained within
President Andrew Johnson S Proclamations of Amnesty
d an delighter to sign
This fill.
THE WHITE HOUSE
WASHINGTON
July 30, 1975
MEMORANDUM FOR:
JIM CAVANAUGH
FROM:
MAX L. FRIEDERSDORF M.6.
SUBJECT:
S.J.Res. 23 - Citizenship for General Robert E. Lee
The Office of Legislative Affairs concurs with the agencies
that the
subjec t resolution be signed.
Attachments
I recomment signing
Ceremony - mart
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.:
Date: July 30
Time: 11:30am
FOR ACTION: Dick Parsons
CC (for information): Jim Cavanaugh
Max Friedersdorf
Jack Marsh
Ken Lazarus
Paul Theis
FROM THE STAFF SECRETARY
DUE: Date: August 1
Time:
400pm
SUBJECT:
S.J. Res. 23 - Citizenship for General Robert E. Lee
no objection. Richard D Parsons med.
ACTION REQUESTED:
For Necessary Action
X For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X For Your Comments
Draft Remarks
REMARKS:
Please return to Judy Johnston, Ground Floor West Wing
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
James 11. Davauaugh
For the Provident
telephone the Staff Secretary immediately.
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.:
Date: July 30
Time: 11:30am
FOR ACTION: Dick Parsons
CC (for information): Jim Cavanaugh
Max Friedersdorf
Jack Marsh
Ken Lazarus
Paul Theis
FROM THE STAFF SECRETARY
DUE: Date: August 1
Time:
400pm
SUBJECT:
S.J. Res. 23 - - Citizenship for General Robert E. Lee
ACTION REQUESTED:
For Necessary Action
X For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X
For Your Comments
Draft Remarks
REMARKS:
Please return to Judy Johnston, Ground Floor West Wing
This bill is offensive to certain Members of Congress who
consider it to be presumptuous and reflective of Northern
dominance of the South. The draft signing statement is very
artfully drafted to meet this minor problem and should not
be changed.
KEN LAZARUS 7/31/75
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required moterial, please
Janes 11. Dovrenugh
For the President
telephone the Staff Secretary iminediately.
ASSISTANT ATTORNEY GENERAL
LEGISL ATIVE AFFAIRS
Department of Justice
Washington, D.C. 20530
JUL 2 5 1975
Honorable James T. Lynn
Director, Office of Management
and Budget
Washington, D.C. 20503
Dear Mr. Lynn:
In compliance with your request, I have examined a
facsimile of the enrolled resolution S.J. Res. 23,
"To restore posthumously full rights of citizenship to General
R.E. Lee."
Clearly, the purpose of the resolution is to remove,
in accordance with section 3 of the Fourteenth Amendment,
the legal disabilities placed upon General Lee as a result
of his service as General of the Army of Northern Virginia,
and to posthumously restore to General Lee the full rights
of citizenship effective June 13, 1865.
Section 3 of the Fourteenth Amendment provides that no
person shall hold federal or state office, who, having
previously sworn to support the Constitution of the United
States, has engaged in insurrection or rebellion against the
United States. The last sentence of section 3 is explicit:
"But Congress may by a vote of two-thirds of each House,
remove such disability." Although the President would not
have to approve a joint resolution to remove the section 3
disabilities, S.J. Res. 23 would require such Executive
approval because, by posthumously restoring the full rights
of citizenship, it purports to do more than remove the
section 3 disabilities.
We note that the enrolled resolution lacks any express
indication of passage by a two-thirds vote of each House.
Although the House of Representatives on July 22, 1975,
passed the resolution by a recorded vote of 407 to 10, 121
Cong. Rec. H7195 (daily ed. July 22, 1975), the vote in the
Senate was not recorded, 121 Cong. Rec. S5785 (daily ed.
April 10, 1975). The attestation clause in the Senate-passed
version that was referred to the House fails to indicate
two-thirds passage in the Senate.
RECEIVED
'75 you 25 PM 3:34
OFFICE OF MANAGEMENT
AND DUDGET
- 2 -
The resolution itself, while not reciting the two-thirds
vote requirement, does state that the legal disabilities
placed upon General Lee as a result of his Civil War military
service are removed "in accordance with section 3 of amendment
14." This reference to article 3 of Amendment Fourteen and
the lack of any evidence that the resolution passed the Senate
by less than a two-thirds vote is sufficient, we believe,
for Executive approval.
Accordingly, the Department of Justice has no objection
to Executive approval of S.J. Res. 23.
Sincerely,
Michael M Michael M. Uhlmann
FOR IMMEDIATE RELEASE
AUGUST 5, 1975
OFFICE OF THE WHITE HOUSE PRESS SECRETARY
THE WHITE HOUSE
REMARKS OF THE PRESIDENT
AT THE
SIGNING CEREMONY FOR S.J. RES. 23,
RESTORATION OF CITIZENSHIP RIGHTS
TO GENERAL ROBERT E. LEE
LEE MANSION
ARLINGTON, VIRGINIA
2:12 P.M. EDT
Governor Godwin, Senator Byrd, Congressman Butler,
Congressman Harris, Congressman Satterfield, Congressman
Downing and Congressman Daniel, distinguished guests,
ladies and gentlemen:
I am very pleased to sign Senate Joint Resolution 23
restoring posthumously the long overdue full rights of citizen-
ship to General Robert E. Lee. This legislation corrects a
110 year oversight of American history. It is significant
that it is signed at this place.
Lee's dedication to his native State of Virginia
chartered his course for the bitter Civil War years causing
him to reluctantly resign from a' distinguished career in
the United States Army and to serve as General of the Army
of Northern Virginia. He, thus, forfeited his right to
U.S. citizenship.
Once the war was over, he firmly felt the wounds
of the North and South must be bound up. He sought to show
by example that the citizens of the South must dedicate their
efforts to rebuilding that region of the country as a strong
and vital part of the American Union.
In 1865, Robert E. Lee wrote to a former Confederate
soldier concerning his signing the Oath of Allegiance, and
I quote, "This war, being at an end, the Southern States
having laid down their arms, and the questions at issue between
them and the Northern States having been decided, I believe
it to be the duty of everyone to unite in the restoration
of the country and the reestablishment of peace and harmony."
MORE
- 2 -
This resolution passed by the Congress responds
to the formal application of General Lee to President Andrew
Johnson on June 13, 1865, for the restoration of his full
right of citizenship.
Although his petition was endorsed by General Grant
and forwarded to the President through the Secretary of War,
an Oath of Allegiance was not attached because notice of
this additional requirement had not reached Lee in time.
Later, after his inauguration as President of Washington
College on October 2, 1865, Lee executed a notarized Oath of
Allegiance. Again his application was not acted upon because
the Oath of Allegiance was apparently lost. It was finally
discovered in the National Archives in 1970.
As a soldier General Lee left his mark on military
strategy. As a man he stood as the symbol of valor and of
duty. As an educator, he appealed to reason and learning to
achieve understanding and to build a stronger nation. The
course he chose after the war became a symbol to all those
who had marched with him in the bitter years towards
Appomattox.
General Lee's character has been an example to
succeeding generations, making the restoration of his citizen-
ship an event in which every American can take pride.
In approving this Joint Resolution, the Congress
removed the legal obstacle to citizenship which resulted from
General Lee's Civil War service. Although more than a century
late, I am delighted to sign this Resolution and to complete
the full restoration of General Lee's citizenship.
END
(AT 2:17 P.M. EDT)
S. J. Res. 23
Ainety-fourth Congress of the United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday, the fourteenth day of January,
one thousand nine hundred and seventy-five
Joint Resolution
To restore posthumously full rights of citizenship to General R. E. Lee.
Whereas this entire Nation has long recognized the outstanding virtues
of courage, patriotism, and selfless devotion to duty of General R. E.
Lee, and has recognized the contribution of General Lee in healing
the wounds of the War Between the States, and
Whereas, in order to further the goal of reunion of this country,
General Lee, on June 13, 1865, applied to the President for amnesty
and pardon and restoration of his rights as a citizen, and
Whereas this request was favorably endorsed by General Ulysses
S. Grant on June 16, 1865, and
Whereas, General Lee's full citizenship was not restored to him subse-
quent to his request of June 13, 1865, for the reason that no accom-
panying oath of allegiance was submitted, and
Whereas, on October 12, 1870, General Lee died, still denied the right
to hold any office and other rights of citizenship, and
Whereas a recent discovery has revealed that General Lee did in fact
on October 2, 1865, swear allegiance to the Constitution of the
United States and to the Union, and
Whereas it appears that General Lee thus fulfilled all of the legal as
well as moral requirements incumbent upon him for restoration of
his citizenship: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That, in accordance with
section 3 of amendment 14 of the United States Constitution, the legal
disabilities placed upon General Lee as a result of his service as Gen-
eral of the Army of Northern Virginia are removed, and that General
R. E. Lee is posthumously restored to the full rights of citizenship,
effective June 13, 1865.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
Calendar No. 44
94TH CONGRESS
SENATE
REPORT
1st Session
No. 94-44
RESTORING POSTHUMOUSLY FULL RIGHTS OF CITI-
ZENSHIP TO GEN. R. E. LEE
MARCH 19 (legislative day, MARCH 12), 1975.-Ordered to be printed
Mr. EASTLAND, from the Committee on the Judiciary,
submitted the following
REPORT
[To accompany S.J. Res. 23]
The Committee on the Judiciary, to which was referred the joint
resolution (S.J. Res. 23) to restore posthumously full rights of citi-
zenship to Gen. R. E. Lee, having considered the same, reports favor-
ably thereon, without amendment, and recommends that the joint
resolution be agreed to.
PURPOSE
rights of citizenship to Gen. R. E. Lee.
The purpose of the joint resolution is to restore posthumously full
STATEMENT
In introducing S.J. Res. 189, a similar resolution in the 93rd Con-
gress, Senator Harry F. Byrd, Jr. on February 21, 1974, said on the
Senator floor:
Mr. President, nearly 3 years ago, on March 10, 1971, I in-
troduced legislation to restore posthumously the full rights
of citizenship of Gen. Robert E. Lee. That legislation was
prompted by the discovery in the National Archives in 1970
of the bona fide amnesty oath signed by General Lee. The res-
olution, unfortunately, was not acted upon before the 92d
Congress adjourned.
38-010
3
2
On October 2, 1865, General Lee, as an example to the
I am reintroducing this measure today.
people of the South, laid aside his role as a military leader
Again I can say, as a Virginian, I take this step with
and became a leader of young men. On that day he was in-
much pride, and I call to the attention of the Senate that
augurated president of Washington College and dedicated
this belated action is not sectional in nature, but rather is a
the remaining years of his life to preparing young men to
step that should have been taken by the Nation as a whole
be servants of the reunited States of the Union.
On that same day, General Lee, apparently having become
long ago.
I could, of course, speak at great length on the subject of
aware of the requirement of an amnesty oath, appeared in
General Lee's ability as a military commander and his deeds
Lexington before Charles A. Davidson, a notary public for
in the service of Virginia and the South. I would rather
the county of Rockbridge, Va., to whom he gave the follow-
emphasize to the Senate the sterling character of General
ing oath:
Lee, which has stood as an unequaled example of gentle-
I, Robert E. Lee, of Lexington, Virginia, do solemnly
manly demeanor, both in victory and adversity.
swear, in the presence of Almighty God, that I will hence-
Historians have long recognized the beneficial effects of
forth faithfully support, protect and defend the Constitution
General Lee's conduct subsequent to the War Between the
of the United States, and the Union of the States thereunder,
States. Instead of harboring bitterness in his heart, General
and that I will, in like manner, abide by and faithfully sup-
Lee, both by word and deed, put his full effort into healing
port all laws and proclamations which have been made dur-
the wounds of that tragic conflict. His actions represented
ing the existing rebellion with reference to the emancipation
the noblest attributes of our national character and were in
of slaves, SO help me God-Signed, R. E. Lee.
full accord with the fervent desire for peaceful reunion so
I believe we can safely assume that had this oath reached
eloquently expressed by President Lincoln.
the hands of the President, that General Lee's citizenship
I regard President Lincoln and General Lee as two of our
would have been restored in full. But it was lost for quite
greatest Americans. Their character, their leadership, their all
some period of time, and was discovered only a few years ago.
courage and their ability will stand as a monument for
In the 1970 winter issue of Prologue, the journal of the Na-
tional Archives, Mr. Elmer O. Parker wrote an excellent
time. Only 2 months after the surrender of the Army of Northern
article describing the discovery of General Lee's oath among
Virginia at Appomattox Court House, General Lee and on
the State Department records of the National Archives. Ap-
June 13, 1865, applied to President Johnson for amnesty
parently the oath was submitted separately and was never
restoration of his rights as a citizen, pursuant to the Presi-
joined to General Lee's request of June 13, 1865.
dent's Amnesty Proclamation of May 29, 1865.
I recite these facts again to the Senate in order to show that
In furtherance of the conciliatory spirit and fairness he
General Lee fulfilled every requirement for the restoration of
displayed to General Lee and his soldiers at Appomattox
his citizenship.
Court House, Gen. Ulysses S. Grant graciously forwarded
As is known to many, on February 15, 1869, the outstand-
the request to the President on June 20, 1865. Always have
ing treason indictments against General Lee, his sons, and
I been impressed with the magnanimity of General Grant.
14 other general officers of the Confederacy, were dismissed
The endorsement of General Lee's application for amnesty
by the United States. Thus, the only bar to the citizenship of
General Lee is the 3d section of the 14th amendment to the
and pardon follows:
Respectfully forwarded through the Secretary of War to
Constitution, which provides that no person who has previ-
the President, with the earnest recommendation that this
ously taken an oath as an officer of the United States and is
application of General R. E. Lee for amnesty and pardon
subsequently engaged in rebellion against the same, can hold
be granted him. The oath of allegiance required by recent
office. The amendment provides that Congress, by a two-thirds
may order of the President to accompany applications does not
vote of each House, can remove such a disability.
accompany this for this reason, as I am informed by General
Mr. President, I feel that Congress should act now to re-
Ord, that the order requiring it has not reached Richmond
store the full rights of citizenship to one of the greatest
Americans of all time.
when this was forwarded.
Unknown to General Lee on June 13, when he requested
Mr. President, I ask unanimous consent that the text of this
amnesty and restoration of citizenship, was the requirement
joint resolution which I send to the desk for appropriate
that an oath of allegiance accompany such a request.
reference be printed in the RECORD at this point.
The next several months in General Lee's life were busy
*
*
*
*
*
during this period, he moved to Lexington, Va., and the
Mr. President, I also ask unanimous consent that a copy of
ones; became president of what was then Washington College,
General Lee's letter of June 13, 1865, to President Johnson;
institution which is now Washington and Lee University.
his letter of the same date to General Grant; General Grant's
S.R. 44
S.R. 44
4
5
endorsement of June 16, 1865; General Grant's letter to Gen-
eral Lee of June 20, 1865 a copy of the oath itself, and a copy
of all the paroled officers and men. If SO disposed they might
of the article by Mr. Parker be printed in the RECORD.
even regard such an infraction of terms by the Government
There being no objection, the material was ordered to be
as an entire release from all obligations on their part. I will
printed in the RECORD, as follows:
state further that the terms granted by me met with the hearty
RICHMOND, Va., June 22, 1865.
approval of the President at the time, and of the country
His Excellency ANDREW JOHNSON
generally. The action of Judge Underwood, in Norfolk, has
DEAR SIR: Being excluded from the provisions of the am-
already had an injurious effect, and I would ask that he be
ordered to quash all indictments found against paroled pris-
nesty and pardon in the proclamation of the 29th ult., I here-
oners of war, and to desist from further prosecution of them.
by apply for the benefits and full restoration of all rights and
U. S. GRANT,
privileges extended to those enclosed in its terms. I graduated
Lieutenant-General.
at the Military Academy at West Point in June 1829; re-
signed from the United States Army, April, 1861; was a
general in the Confederate Army, and included in the sur-
HEADQUARTERS ARMIES OF THE UNITED STATES,
render of the Army of Northern Virginia, April 9, 1865. I
Washington, June 20, 1865.
have the honor to be, very respectfully.
General R. E. LEE,
Your obedient servant,
Richmond, Va.:
R.E.LEE.
Your communications of date of the 13th instant, stating
the steps you had taken after reading the President's proc-
lamation of the 29th ultimo, with a view of complying with
RICHMOND, June 13, 1865.
Lieut. Gen. U. S. GRANT,
its provisions when you learned that, with others, you were
Commanding Armies of the United States.
to be indicted for treason by the grand jury at Norfolk; that
GENERAL: Upon reading the President's proclamation of
you had supposed the officers and men of the Army of North-
the 29th ultimo, I came to Richmond to ascertain what was
ern Virginia were by the terms of their surrender protected
by the United States Government from molestation SO long
proper or required of me to do, when I learned that with
as they conformed to its conditions; that you were ready to
others I was to be indicted for treason by the grand jury at
meet any charges that might be preferred against you, and
Norfolk. I had supposed that the officers and men of the Army
did not wish to avoid trial, but that if you were correct as to
of Northern Virginia were, by the terms of their surrender,
the protection granted by your parole, and were not to be
protected by the United States Government from molestation
prosecuted, you desired to avail yourself of the President's
SO long as they conformed to its conditions. I am ready to meet
amnesty proclamation, and enclosing an application there-
any changes that may be preferred against me. I do not wish
for, with the request that in that event it be acted on, has
to avoid trial, but if I am correct as to the protection granted
been received and forwarded to the Secretary of War, with
by my parole, and am not to be prosecuted, I desire to comply
the following opinion endorsed thereon by me:
with the provisions of the President's proclamation, and
"In my opinion that officers and men paroled at Appo-
therefore inclose the required application, which I request in
that event may be acted on.
mattox Court-House, and since, upon the same terms given to
Lee, cannot be tried for treason SO long as they observe the
I am, with great respect, your obediant servant.
terms of their parole. This is my understanding. Good faith,
R. E. LEE.
as well as true policy dictates that we should observe the
[Indorsement]
conditions of that convention. Bad faith on the part of the
Government, or a contraction of that convention subjecting
the officers to trial for treason, would produce a feeling of
HEADQUARTERS ARMIES OF THE UNITED STATES,
insecurity in the minds of all the paroled officers and men.
June 16, 1865.
If so disposed they might even regard such an infraction
In my opinion the officers and men paroled at Appomatox
of terms by the Government as an entire release from all obli-
Court House, and since, upon the same terms given to Lee,
gations on their part. I will state further that the terms
cannot be tried for treason SO long as they observe the terms
granted by me met with the hearty approval of the President
of their parole. This is my understanding. Good faith, as well
at the time, and of the country generally. The action of Judge
as true policy, dictates that we should observe the conditions
Underwood, in Norfolk, has already had an injurious effect,
of that convention. Bad faith on the part of the Government,
and I would ask that he be ordered to quash all indicts found
or a construction of that convention subjecting officers to trial
against paroled prisoners of war, and to desist from the fur-
for treason, would produce a feeling of insecurity in the minds
ther prosecution of them."
S.R. 44
S.R. 44
6
7
This opinion, I am informed, is substantially the same as
General Grant attempted to justify the absence of the oath.
that entertained by the Government. I have forwarded your
He explained to the President that Gen. E. O. C. Ord, com-
application for amnesty and pardon to the President, with
manding the Department of Virginia at Richmond, informed
the following endorsement thereto:
him that the order requiring it had not reached the city when
"Respectfully forwarded through the Secretary of War to
Lee's application was forwarded. Grant, therefore, earnestly
the President, with the earnest recommendation that this
recommended that amnesty and pardon be granted the old
application of General R. E. Lee for amnesty and pardon
warrior.
may be granted him. The oath of allegiance required, by
Meanwhile, Lee had been elected president of Washington
recent order of the President to accompany applications does
College and had proceeded on "Traveller" by easy paces to
not accompany this for the reason, as I am informed by
Lexington where he was inaugurated on October 2. This was
General Ord, the order requiring it had not reached Rich-
an important day in his life. Not only did he take up the life
mond when this was forwarded.
of a useful citizen, he also subscribed to the amnesty oath,
U. S. GRANT,
thereby complying fully with the provisions of Johnson's
Lieutenant-General."
proclamation. Thus, Lee had every reason to expect he would
OFFICE OF
be pardoned and restored to full citizenship.
But this never happened, Secretary of State William H.
NOTARY PUBLIC,
Seward gave Lee's application to a friend as a souvenir and
Rockbridge County, Va., October 2nd, 1865.
his oath was evidently pigeonholed. Although attempts have
been made in recent years to have Congress restore Lee's
AMNESTY OATH
citizenship posthumously, all have come to naught. As far as
I Robert E. Lee, of Lexington, Virginia do solemnly swear,
was known Lee, after laying down his arms at Appomattox,
in the presence of Almighty God, that I will henceforth
had not sworn "to support, protect and defend the Constitu-
faithfully support, protect and defend the Constitution of
tion of the United States." But the discovery of his oath of
the United States, and the Union of the States thereunder,
amnesty proves that he had indeed done SO. Furthermore, he
and that I will, in like manner, abide by and faithfully sup-
had also sworn to "faithfully support all laws and proclama-
port all laws and proclamations which have been made during
tions made during the rebellion with reference to the eman-
the existing rebellion with reference to the emancipation of
cipation of slaves.' Lee's oath was duly executed, signed, and
slaves, SO help me God.
notarized, and for a century it has remained buried in a file
R. E. LEE.
in the nation's archives.
Sworn to and subscribed before me, this 2nd day of
Mr. HARRY F. BYRD, Jr. Mr. President, since I originally
October 1865.
introduced this legislation in the 92d Congress, the alterna-
CHAS. A. DAVIDSON,
tive of present-day Executive pardon has been suggested as
Notary Public.
a means for more expeditious handling of this matter. I am
advised that the necessity for congressional action-by the
legislative process established under the third section of the
WHY Was LEE NoT PARDONED!
14th amendment to the Constitution-has been indicated by
both the White House, through the Office of the Counsel to
(By Elmer Oris Parker)
the President, and by the Department of Justice, through the
Office of the Deputy Attorney General.
Archivists have recently discovered Robert E. Lee's oath
There has been a groundswell of support for my proposal
of amnesty among State Department records in the National
from all over the Nation, which has grown ever since its
Archives. To those historians of the Civil War and Recon-
original introduction 3 years ago. That it has not waned is,
struction who believe that Lee did not satisfy the require-
I believe, amply supported by the recent articles in the Wash-
ments for amnesty this may come as a surprise.
ington Star-News, dated February 10, 1974, and in Time mag-
Facing an indictment for treason, Lee read in Richmond
azine, dated February 25, 1974. I ask unanimous consent that
newspapers President Andrew Johnson's proclamation of
these articles be printed in the Record at this point:
May 29, 1865, "to induce all persons to return to their loyalty."
There being no objection, the articles were ordered to be
Lee immediately informed Gen. Ulysses S. Grant that he
printed in the Record, as follows:
wanted to comply with the provisions of the proclamation
and enclosed "the required application." It was not in order
for it was not accompanied by an oath of allegiance to the
United States. Such an oath was required by an order of
the President. Lee's action was premature.
S.R. 44
S.R. 44
9
8
GENERAL LEE'S LAST BATTLE: CITIZENSHIP
ginia Senate resolution says the Confederate leader "fulfilled
all of the legal and moral requirements incumbent upon him
(By Brian Kelly)
for restoration of his citizenship."
The Virginia resolution also asks Congress to grant the citi-
RICHMOND.-Virginias' State senate has jointed the parade
zenship effective June 13, 1865, the day Lee prepared his am-
of those asking Congress to restore full U.S. citizenship to
nesty petition to Andrew Johnson here in the one-time capital
Confederate Gen. Robert E. Lee, the native son who died 103
of the Confederacy.
years ago with his personal plea to rejoin the Union as a
RESTORING LEE
restored citizen still pending.
Members of the Senate agreed yesterday to a resolution ask-
For more than 100 years, Robert E. Lee has been some-
ing the posthumous action with no audible dissent. Virginia's
thing of a man without a country. Never mind that he was
House of Delegates is expected to concur wholeheartedly.
one of the most illustrious and magnanimous generals in U.S.
Citing Lee's "contribution" in "healing the wounds" of the
history. After he surrendered his sword at Appomattox, he
Civil War, the resolution also took note of the disappearance
apparently failed to take an oath of loyalty to the U.S. Con-
a century ago of an oath of allegiance that Lee swore out in
stitution, which many Confederates were obliged to do if they
1865, after the Civil War, and dispatched to President An-
wished to regain the full U.S. citizenship that they had for-
drew Johnson, Arbaham Lincoln's successor.
feited. Up to his death in 1870, he was denied citizenship.
Why the necessary oath never reached Johnson remains a
Ever since, Southern sympathizers have been trying to recover
mystery. It turned up in the National Archives in 1970, dis-
it for him posthumously.
covered there by military archivist Elmer O. Parker, accord-
Their seemingly lost cause revived in 1970 when a re-
ing to a spokesman of U.S. Sen. Harry F. Byrd Jr., who asked
searcher discovered that there was a Lee loyalty oath, after
Congress in 1971 to restore Lee's citizenship.
all, buried among State Department records in a file at the
The Lee bill, which has been endorsed by Alabama's legis-
National Archives. Initially, before he knew of the oath, Lee
lature and a parade of editorialists, columnists and others,
had written to the White House requesting amnesty. Later
failed to win any action in the Senate Judiciary Committee
he went to a notary and swore his allegiance, but somehow
in the last session of Congress, but Byrd apparently has not
the oath never caught up with the amnesty petition.
given up the cause of Lee's citizenship.
General Lee's supporters are making a drive in this session
In the meantime, it appears Lee took two steps in 1865 to
of Congress to restore his lost citizenship. Last week the
seek presidential amnesty and restoration of his citizenship,
senate in Virginia, where Lee was born and died, passed a
partly as a symbolic gesture designed to encourage a spirit of
resolution calling upon Congress to correct the longstanding
reunion in the shattered nation of that era.
error. It seemed a modest enough request a century after the
First, in June, he sat down here and wrote a petition of
War Between the States.
amnesty to Johnson. Gen. Ulysses S. Grant, Lee's chief Union
Mr. HARRY F. BYRD JR. Mr. President, I point out further
adversary, endorsed the petition and personally forwarded it
that the Virginia Senate just recently unanimously adopted
to Johnson.
a resolution memorializing Congress to take such action.
But Lee didn't know he also was required to swear out an
Subsequently on March 11, 1974, Senator Harry F. Byrd, Jr., said on
oath of allegiance to the U.S. Constitution, as Grant noted in
the Senate floor:
his endorsement.
Finally informed of the added requirement, Lee went on
RESTORATION OF CITIZENSHIP TO ROBERT E. LEE
Oct. 2, 1865, the day he became President of Washington
College in Lexington, Va. (now Washington and Lee Uni-
Mr. HARRY F. BYRD, JR. Mr. President, on Febru-
versity) to notary public Charles Davidson in Lexington and
ary 21, 1974, I introduced Senate Joint Resolution 189, a
swore out the oath.
resolution to restore posthumously full rights of citizenship
"He sent it," George Shanks, a legislative assistant to Byrd,
to Gen. Robert E. Lee. On that day, I indicated that the
said, "and that was the last that anybody saw of it until
Virginia General Assembly had favorably considered related
Parker came up with it in 1970."
legislation.
Three years ago Byrd said, "I think we can safely assume
I have recently received a copy of Virginia Senate Joint
that had this oath reached the hands of the President (John-
Resolution No. 38. Its principal sponsor is Senator Paul W.
son), Gen. Lee's citizenship would have been restored in full."
Manns. His district, the 28th Senatorial District, includes
Introduced by Democratic State Sen. Paul Manns, whose
the counties of Caroline, Essex, King George, Lancaster,
district includes Lee's birthplace at Stratford Hall, the Vir-
Northumberland, Stafford, and Westmoreland, and the city of
Fredericksburg.
S.R. 44
S.R. 44
10
11
As students of Virginia history and admirers of General
Lee know, Westmoreland County is General Lee's birthplace
Whereas, it appears that General Lee thus fulfilled all of
and the location of the Lee family home, Stratford Hall. The
the legal as well as moral requirements incumbent upon him
residents of that county in Virginia's historic "Northern
for restoration of his citizenship; now, therefore, be it
Neck" take a special pride in having in close proximity this
Resolved by the Senate, the House of Delegates concurring,
stately home of one of America's most distinguished families.
That the legal disabilities placed upon General Lee as a result
Virginia Senate Joint Resolution No. 38 was cosponsored
of his service as General of the Army of Northern Virginia
by practically every Senator in that 40 member body. It
should be removed, and that General R. E. Lee should be
passed by acclamation on February 7, 1974, the same date as
posthumously restored to the full rights of citizenship, effec-
its introduction.
tive June thirteen, eighteen hundred sixty-five, by the Con-
Action in the Virginia House of Delegates was completed
gress of the United States.
on February 20, 1974, when the 100 member House passed
Resolved, further, That the clerk of the Senate is directed
the measure unanimously.
to send copies of this Resolution to the members of the dele-
Clearly, both by the explicit language of the resolution
gation to the Congress of the United States of this Common-
and the affirmative acts of both of Virginia's legislative bodies
wealth in order that they may be apprised of the sense of
it is the sense of the General Assembly of the Common-
this Body.
wealth of Virginia that the Congress of the United States
The committee believes that the resolution is meritorious and
restore to General Lee all the rights which he, as a beloved
recommends it favorably.
Virginian and a great American, SO rightly deserves. It is
important to note that General Lee himself requested in
unity the restoration of his rights.
*
*
I ask unanimous consent that text of Senate Joint Reso-
lution 38 of the Virginia Senate be printed in the RECORD.
There being no objection, the text of the resolution was
ordered to be printed in the RECORD, as follows:
SENATE JOINT RESOLUTION No. 38
Whereas, this entire Nation has long recognized the out-
standing virtues of courage, patriotism, and selfless devotion
to duty of General R. E. Lee, and has recognized the contri-
bution of General Lee in healing the wounds of the War
Between the States; and
Whereas, in order to further the goal of reunion of this
country, General Lee, on June thirteen, eighteen hundred
sixty-five, applied to the President for amnesty and pardon
and restoration of his rights as a citizen; and
Whereas, this request was favorably endorsed by General
Ulysses S. Grant on June sixteen, eighteen hundred sixty-
five; and
Whereas, General Lee's full citizenship was not restored to
him subsequent to his request of June thirteen, eighteen hun-
dred sixty-five, for the reason that no accompanying oath of
allegiance was submitted; and
Whereas, on October twelve, eighteen hundred seventy,
General Lee died, still denied the right to hold any office and
other rights of citizenship; and
Whereas, a recent discovery has revealed that General Lee
did in fact on October two, eighteen hundred and sixty-five,
swear allegiance to the Constitution of the United States
and to the Union; and
S.R. 44
S.R. 44
July 24, 1975
Dear Mr. Director:
The following bills were received at the White
House on July 24th:
S.J. Res. 23
H.J. Res. 560
H.R. 6950
Please let the President have reports and
recommendations as to the approval of these
bills as soon as possible.
Sincerely,
Robert D. Linder
Chief Executive Clerk
The Honorable James T. Lynn
Director
Office of Management and Budget
Washington, D. C.