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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 Gerald R. Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections.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.