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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.
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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
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him before he
The 1118 application. Upon his inauguration as President of Washington
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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.
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"ocrText": "The original documents are located in Box 28, folder \"8/5/75 SJR23 Citizenship for General\nRobert E. Lee\" of the White House Records Office: Legislation Case Files at the Gerald R.\nFord Presidential Library.\nCopyright Notice\nThe copyright law of the United States (Title 17, United States Code) governs the making of\nphotocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United\nStates of America his copyrights in all of his unpublished writings in National Archives collections.\nWorks prepared by U.S. Government employees as part of their official duties are in the public\ndomain. The copyrights to materials written by other individuals or organizations are presumed to\nremain with them. If you think any of the information displayed in the PDF is subject to a valid\ncopyright claim, please contact the Gerald R. Ford Presidential Library.\nExact duplicates within this folder were not digitized.\nDigitized from Box 28 of the White House Records Office Legislation Case Files at the Gerald R. Ford Presidential Library\nAPPROVED AU65- 1975\nACTION\nLast Day: August 5\nTHE WHITE HOUSE\nWASHINGTON\nAugust 4, 1975\nceramony, (2:12pm)\nMEMORANDUM FOR: THE PRESIDENT\nGreengton, &\nFROM:\nJIM CANNON\nSUBJECT:\nS.J. Res. 23 - Citizenship\nfor General Robert E. Lee\nAttached for your consideration is S.J. Res. 23,\nsponsored by Senator Byrd, which would posthumously\nrestore to General Robert E. Lee full rights of\nU.S. citizenship, effective June 13, 1865.\nAdditional background on the enrolled resolution\nis provided in OMB's enrolled bill report at Tab A.\nOMB, Max Friedersdorf, Counsel's Office (Lazarus), and\nI recommend approval of the enrolled resolution. Paul\nTheis will provide you with remarks for your use this\nafternoon.\nRECOMMENDATION\nThat you sign S.J. Res. 23 at Tab B.\nSERVES N. FORD LIBRARY\nOP THE\nRESIDENT\nEXECUTIVE OFFICE OF THE PRESIDENT\nAPPROVED\nUNITED\nOFFICE OF MANAGEMENT AND BUDGET\nBECUTIVE\nSTATE\nWASHINGTON, D.C. 20503\nAUG 5 - 1975\nJUL 3 0 1975\nMEMORANDUM FOR THE PRESIDENT\nSubject: Enrolled Resolution S.J. Res. 23 - Citizenship for\nGeneral Robert E. Lee\nSponsor - Sen. Byrd (Ind. D) Virginia\nLast Day for Action\nAugust 5, 1975 - Tuesday\nPurpose\nTo posthumously restore to Robert E. Lee full rights of U.S.\ncitizenship.\nAgency Recommendations\nOffice of Management and Budget\nApproval (Signing\nStatement attached)\nDepartment of Justice\nNo objection\nDiscussion\nThis enrolled joint resolution, would, pursuant to Section 3\nof the 14th Amendment to the U.S. Constitution, remove the legal\ndisabilities placed upon General Lee as a result of his Civil\nWar military service and posthumously restore to him the full\nrights of citizenship, effective June 13, 1865. Section 3 of\nthe 14th Amendment prohibits any person from holding office as\na member of Congress, as a civil or military officer of the\nUnited States, or as an executive, legislative, or judicial\nofficer of any State if that person has previously taken an\noath as such an officer to support the Constitution and later\nengaged in an insurrection, rebellion, or treasonous action\nagainst the United States.\nThe history of General Lee's bid for restoration of full citizen-\nship is complicated by a series of intervening events affecting\nhis eligibility for amnesty.\n2\nFollowing General Lee's surrender of the Army of Northern\nVirginia at Appomatox on April 9, 1865, President Andrew Johnson\nissued four Proclamations of Amnesty, the first of which, dated\nMay 29, 1865, contained exceptions applicable to people of General\nLee's rank. Facing an indictment for treason, General Lee applied\non June 13, 1865 to the President, through General Ulysses S. Grant,\nfor restoration of full citizenship. However, General Lee's appli-\ncation was defective in that the oath of allegiance required, by a\nsubsequent Presidential order, to accompany such applications was\nnot included in Lee's petition. It was not included because the\norder requiring it had not reached Richmond in time. General\nGrant nevertheless endorsed Lee's application and recommended that\namnesty and pardon be granted.\nOn October 2, 1865, General Lee executed an oath of allegiance\nwhich met the conditions of President Johnson's first Proclamation\nof Amnesty. However, it is reported that Secretary of State\nWilliam H. Seward gave Lee's application to a friend as a souvenir\nand the oath of allegiance was apparently pigeonholed.\nThe second and third amnesty proclamations issued by President\nJohnson in 1867 and 1868 also excepted people in categories in-\ncluding General Lee -- namely, those of high military rank and\nthose under indictment for treason.\nOn February 15, 1869, the indictment for treason against General\nLee was dismissed. However, General Lee died on October 12, 1870\nwithout action having been taken on his petition for restoration\nof his citizenship. President Johnson's fourth proclamation of\namnesty on December 25, 1875 was unconditional and without excep-\ntion and it would have posthumously restored full rights of citi-\nzenship to Lee had not the ratification of the 14th Amendment\nintervened.\nIn 1970, General Lee's oath of allegiance was discovered among\nold State Department records located in the National Archives.\nIn response to this discovery, joint resolutions were introduced\nin the 92nd and 93rd Congresses. These resolutions were not\npassed by Congress.\nYour approval of the enrolled resolution would complete the\naction that President Johnson presumably would have taken but\n3\nfor the misdirection of General Lee's application and would\nrestore to General Lee full citizenship.\nWe have attached a signing statement for your consideration.\nJames m. Director Trey\nfor Legislative Reference\nEnclosures\nEXECUTIVE OFFICE OF THE PRESIDENT\nOFFICE OF MANAGEMENT AND BUDGET\nWASHINGTON, D.C. 20503\na.m.\n11:00\nJUL 3 0 1975\nMEMORANDUM FOR THE PRESIDENT\nSubject: Enrolled Resolution S.J. Res. 23 - Citizenship for\nGeneral Robert E. Lee\nSponsor - Sen. Byrd (Ind. D) Virginia\nLast Day for Action\nAugust 5, 1975 - Tuesday\nPurpose\nTo posthumously restore to Robert E. Lee full rights of U.S.\ncitizenship.\nAgency Recommendations\nOffice of Management and Budget\nApproval (Signing\nStatement attached)\nDepartment of Justice\nNo objection\nDiscussion\nThis enrolled joint resolution, would, pursuant to Section 3\nof the 14th Amendment to the U.S. Constitution, remove the legal\ndisabilities placed upon General Lee as a result of his Civil\nWar military service and posthumously restore to him the full\nrights of citizenship, effective June 13, 1865. Section 3 of\nthe 14th Amendment prohibits any person from holding office as\na member of Congress, as a civil or military officer of the\nUnited States, or as an executive, legislative, or judicial\nofficer of any State if that person has previously taken an\noath as such an officer to support the Constitution and later\nengaged in an insurrection, rebellion, or treasonous action\nagainst the United States.\nThe history of General Lee's bid for restoration of full citizen-\nship is complicated by a series of intervening events affecting\nhis eligibility for amnesty.\n2\nFollowing General Lee's surrender of the Army of Northern\nVirginia at Appomatox on April 9, 1865, President Andrew Johnson\nissued four Proclamations of Amnesty, the first of which, dated\nMay 29, 1865, contained exceptions applicable to people of General\nLee's rank. Facing an indictment for treason, General Lee applied\non June 13, 1865 to the President, through General Ulysses S. Grant,\nfor restoration of full citizenship. However, General Lee's appli-\ncation was defective in that the oath of allegiance required, by a\nsubsequent Presidential order, to accompany such applications was\nnot included in Lee's petition. It was not included because the\norder requiring it had not reached Richmond in time. General\nGrant nevertheless endorsed Lee's application and recommended that\namnesty and pardon be granted.\nOn October 2, 1865, General Lee executed an oath of allegiance\nwhich met the conditions of President Johnson's first Proclamation\nof Amnesty. However, it is reported that Secretary of State\nWilliam H. Seward gave Lee's application to a friend as a souvenir\nand the oath of allegiance was apparently pigeonholed.\nThe second and third amnesty proclamations issued by President\nJohnson in 1867 and 1868 also excepted people in categories in-\ncluding General Lee -- namely, those of high military rank and\nthose under indictment for treason.\nOn February 15, 1869, the indictment for treason against General\nLee was dismissed. However, General Lee died on October 12, 1870\nwithout action having been taken on his petition for restoration\nof his citizenship. President Johnson's fourth proclamation of\namnesty on December 25, 1875 was unconditional and without excep-\ntion and it would have posthumously restored full rights of citi-\nzenship to Lee had not the ratification of the 14th Amendment\nintervened.\nIn 1970, General Lee's oath of allegiance was discovered among\nold State Department records located in the National Archives.\nIn response to this discovery, joint resolutions were introduced\nin the 92nd and 93rd Congresses. These resolutions were not\npassed by Congress.\nYour approval of the enrolled resolution would complete the\naction that President Johnson presumably would have taken but\n3\nfor the misdirection of General Lee's application and would\nrestore to General Lee full citizenship.\nWe have attached a signing statement for your consideration.\nJames m. Director Trey\nfor Legislative Reference\nEnclosures\nSTATEMENT BY THE PRESIDENT\nI have today signed S.J. Res. 23, restoring posthumously\nfull rights of citizenship to General Robert E. Lee.\nGeneral Lee was a widely respected military figure and\na person whose dedication to duty has never been questioned.\nDuring his distinguished career, he honorably served both the\nUnited States and his native State of Virginia. However, as\na result of his service as General of the Army of Northern\nVirginia, his citizenship had been forfeited. He faced defeat\nat the close of the Civil War with dignity and he later humbly\nsought to regain his full rights of citizenship in accordance\nwith the Proclamations of Amnesty of President Andrew Johnson.\nThis resolution responds to the formal application of\nGeneral Lee to the President on June 13, 1865 for the restora-\ntion of full rights of citizenship. Although this petition was\nendorsed by General Grant and forwarded to the President through\nthe Secretary of War, Lee's application did not include his\noath of allegiance, simply because notice of this additional\nrequirement had not reached Richmond prior to the forwarding of\nhis application. Upon his inauguration as President of Washington\nCollege on October 2, 1865, General Lee executed a notarized\noath of allegiance. However, his application was never acted\nupon by the President apparently since the oath of allegiance\nhad been lost only to be discovered over 100 years later in 1970\nin the National Archives.\nIn passing and approving this joint resolution, the Congress\nand the President, respectively, have removed the legal dis-\nabilities placed upon General Lee as a result of his Civil War\n2\nmilitary service in accordance with Section 3 of the 14th Amend-\nment and in recognition that General Lee had, in the course of\nhis petition for restoration of full rights of citizenship,\nfulfilled the conditions for amnesty and pardon contained within\nPresident Andrew Johnson's Proclamations of Amnesty.\nTHE WHITE HOUSE\nACTION MEMORANDUM\nWASHINGTON\nLOG NO.:\nRRR\nDate: July 30\nTime: 11:30am\nFOR ACTION: Dick Parsons\nMax Friedersdorf\nRETURN CC (for information TO RESEARCH 123\nJim Cavanaugh\nJack Marsh\nKen Lazarus\nPaul Theis\nROOM\nFROM THE STAFF SECRETARY\nFP\nDUE: Date: August 1\nTime:\n400pm\nSUBJECT:\nS.J. Res. 23 - Citizenship for General Robert E. Lee\nACTION REQUESTED:\nFor Necessary Action\nX\nFor Your Fecommendations\nPrepare Agenda and Brief\nDraft Reply\nX\nFor Your Comments\nDraft Remarks\nREMARKS:\nPlease return to Judy Johnston, Ground Floor West Wing\n1975 JUL 30 PM 29\nPLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.\nIf you have any questions or if you anticipate a\ndelay in submitting the required material, please\nJenus 11. Covauaugh\ntelephone the Sraff Secretary immediately.\nFor the President\ninsert\nral Lee was a widely respected leader\ndedication to duty has never been\nicant role in unifying the nation\nioned. He played a particularly\ne years immediately following the\n1 War.\ninsert\nGeneral Lee was a widely respected leader\nwhose dedication to duty has never been\nquestioned. He played a particularly\nsignficant role in unifying the nation\nin the years immediately following the\nCivil War.\nRevised seremarks\nSTATEMENT BY THE PRESIDENT\nI am pleased to have signed today S.J. Res. 23, restoring\nposthumously the long overdue full rights of citizenship to General\nRobert E. Lee.\ninsert General Lee was a widely respected military figure whose\ndedication to duty has never been questioned. During his\ndistinguished career, he honorably served both the United States\nand his native State of Virginia. However, as a result of his\nservice as General of the Army of Northern Virginia after having\nserved in the Union Army, his full rights of citizenship had\nbeen forfeited. He faced defeat at the close of the Civil War\nwith dignity and he later humbly sought to regain his full\nrights of citizenship in accordance with the Proclamations of\nAmnesty issued by President Andrew Johnson.\nThis resolution responds to the formal application of\nGeneral Lee to the President on June 13, 1865, for the restoration\nof full rights of citizenship. Although his petition was\nendorsed by General Grant and forwarded to President Andrew\nJohnson through the Secretary of War, General Lee's application\ndid not include his oath of allegiance because notice of this\nadditional requirement had not reached him before he forwarded\nthe application. Upon his inauguration as President of Washington\nCollege on October 2, 1865, General Lee executed a notarized\noath of allegiance. However, his application was never acted\nupon by the President apparently because the oath of allegiance\nwas lost. It was discovered in the National Archives more than\n100 years later in 1970.\nIn passing and approving this joint resolution, the Congress\nand the President have has removed the legal disabilities placed\nupon General Lee as a result of his Civil War military service.\nI am delighted to sign this - resolution.\nTHE WHITE HOUSE\nACTION MEMORANDUM\nWASHINGTON\nLOG NO.:\nDate: July 30\nTime: 11:30am\nFOR ACTION: Dick Parsons on\nCC (for information): Jim Cavanaugh\nMax Friedersddrf\nJack Marsh\nKen Lazarus on dont change 5.5-\nPaul Theis oh\nFROM THE STAFF SECRETARY\nDUE: Date: August 1\nTime:\n400pm\nSUBJECT:\nS.J. Res. 23 - Citizenship for General Robert E. Lee\nACTION REQUESTED:\nFor Necessary Action\nFor Your Recommendations\nPrepare Agenda and Brief\nDraft Reply\nX\nFor Your Comments\nDraft Remarks\nREMARKS:\nPlease return to Judy Johnston, Ground' Floor West Wing\nPLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.\nIf you have any questions or if you anticipate a\ndelay in submitting the required material, please\nK. R. COLE, JR.\ntelephone the Staff Secretary immediately.\nFor the President\nROOM 128 ....k\nRETU.\nslark Senatov Bynd offer\nSTATEMENT BY THE PRESIDENT J\nRETURN am pleased to have signed today\nROOM signed S.J. Res. 23, restoring posthumously the\nlong overdue\nfull rights of citizenship to General Robert E. Lee.\nGeneral Lee was a widely respected military figure and\n- whose dedication to duty has never been questioned.\nafter having served in\nDuring his distinguished career, he honorably served both the\nin shanks\nthis sentance\nUnited States and his native State of Virginia. However, as is\nok starks\nIt misleading was\nthe Union Army\na result of his service as General of the Army of Northern\nbecause he\nVirginia, his citizenship had been forfeited. He faced defeat the lemo\nfull rights of\nbeen a word in\npad also\nat the close of the Civil War with dignity and he later humbly the\nArmy In before\nbegan\nsought to regain Shanks his full rights of citizenship in accordance\n4)\nissued by\nApril\n4\nwith the Proclamations of Amnesty of President Andrew Johnson.\nThis resolution responds to the formal application of\nwsta\nGeneral Lee to the President on June 13, 1865, for the restora-\ntion of full rights of citizenship. 6/22/78 Although his petition was\nwste\nandrew\nJohnson\nendorsed by General Grant and forwarded to the President through\nStanto\nthe\nSlanks Bids office\nthe Secretary of War Lee S application did not include his\nwater\noath of allegiance simply because notice of this additional\nrequirement had not reached Richmond prior to the forwarding aled of\nhim before he\nThe 1118 application. Upon his inauguration as President of Washington\nCollege on October you 2, 1865, General Lee executed a notarized\noath of allegiance. However, his application was never acted\nupon by the President apparently since monthen the oath of allegiance\nwas\nIT w us\nhad been lost, only to be discoveredPover 6/22/75 100 years later in 1970.\nWe\nstar\nin the National Archives\nIn passing and approving this joint resolution, the Congress\nhave result\nand\nthe\nDrocidont\n2\nthe President\nand respectively, have removed the legal disabilities placed\nupon General Lee as a result of his Civil War\nmilitary service. in accordance with Section 3 of the 14th Amend-\nment and in recognition that General Lee had, in the course of\nhis petition for restoration of full rights of citizenship,\nfulfilled the conditions for amnesty and pardon contained within\nPresident Andrew Johnson S Proclamations of Amnesty\nd an delighter to sign\nThis fill.\nTHE WHITE HOUSE\nWASHINGTON\nJuly 30, 1975\nMEMORANDUM FOR:\nJIM CAVANAUGH\nFROM:\nMAX L. FRIEDERSDORF M.6.\nSUBJECT:\nS.J.Res. 23 - Citizenship for General Robert E. Lee\nThe Office of Legislative Affairs concurs with the agencies\nthat the\nsubjec t resolution be signed.\nAttachments\nI recomment signing\nCeremony - mart\nTHE WHITE HOUSE\nACTION MEMORANDUM\nWASHINGTON\nLOG NO.:\nDate: July 30\nTime: 11:30am\nFOR ACTION: Dick Parsons\nCC (for information): Jim Cavanaugh\nMax Friedersdorf\nJack Marsh\nKen Lazarus\nPaul Theis\nFROM THE STAFF SECRETARY\nDUE: Date: August 1\nTime:\n400pm\nSUBJECT:\nS.J. Res. 23 - Citizenship for General Robert E. Lee\nno objection. Richard D Parsons med.\nACTION REQUESTED:\nFor Necessary Action\nX For Your Recommendations\nPrepare Agenda and Brief\nDraft Reply\nX For Your Comments\nDraft Remarks\nREMARKS:\nPlease return to Judy Johnston, Ground Floor West Wing\nPLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.\nIf you have any questions or if you anticipate a\ndelay in submitting the required material, please\nJames 11. Davauaugh\nFor the Provident\ntelephone the Staff Secretary immediately.\nTHE WHITE HOUSE\nACTION MEMORANDUM\nWASHINGTON\nLOG NO.:\nDate: July 30\nTime: 11:30am\nFOR ACTION: Dick Parsons\nCC (for information): Jim Cavanaugh\nMax Friedersdorf\nJack Marsh\nKen Lazarus\nPaul Theis\nFROM THE STAFF SECRETARY\nDUE: Date: August 1\nTime:\n400pm\nSUBJECT:\nS.J. Res. 23 - - Citizenship for General Robert E. Lee\nACTION REQUESTED:\nFor Necessary Action\nX For Your Recommendations\nPrepare Agenda and Brief\nDraft Reply\nX\nFor Your Comments\nDraft Remarks\nREMARKS:\nPlease return to Judy Johnston, Ground Floor West Wing\nThis bill is offensive to certain Members of Congress who\nconsider it to be presumptuous and reflective of Northern\ndominance of the South. The draft signing statement is very\nartfully drafted to meet this minor problem and should not\nbe changed.\nKEN LAZARUS 7/31/75\nPLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.\nIf you have any questions or if you anticipate a\ndelay in submitting the required moterial, please\nJanes 11. Dovrenugh\nFor the President\ntelephone the Staff Secretary iminediately.\nASSISTANT ATTORNEY GENERAL\nLEGISL ATIVE AFFAIRS\nDepartment of Justice\nWashington, D.C. 20530\nJUL 2 5 1975\nHonorable James T. Lynn\nDirector, Office of Management\nand Budget\nWashington, D.C. 20503\nDear Mr. Lynn:\nIn compliance with your request, I have examined a\nfacsimile of the enrolled resolution S.J. Res. 23,\n\"To restore posthumously full rights of citizenship to General\nR.E. Lee.\"\nClearly, the purpose of the resolution is to remove,\nin accordance with section 3 of the Fourteenth Amendment,\nthe legal disabilities placed upon General Lee as a result\nof his service as General of the Army of Northern Virginia,\nand to posthumously restore to General Lee the full rights\nof citizenship effective June 13, 1865.\nSection 3 of the Fourteenth Amendment provides that no\nperson shall hold federal or state office, who, having\npreviously sworn to support the Constitution of the United\nStates, has engaged in insurrection or rebellion against the\nUnited States. The last sentence of section 3 is explicit:\n\"But Congress may by a vote of two-thirds of each House,\nremove such disability.\" Although the President would not\nhave to approve a joint resolution to remove the section 3\ndisabilities, S.J. Res. 23 would require such Executive\napproval because, by posthumously restoring the full rights\nof citizenship, it purports to do more than remove the\nsection 3 disabilities.\nWe note that the enrolled resolution lacks any express\nindication of passage by a two-thirds vote of each House.\nAlthough the House of Representatives on July 22, 1975,\npassed the resolution by a recorded vote of 407 to 10, 121\nCong. Rec. H7195 (daily ed. July 22, 1975), the vote in the\nSenate was not recorded, 121 Cong. Rec. S5785 (daily ed.\nApril 10, 1975). The attestation clause in the Senate-passed\nversion that was referred to the House fails to indicate\ntwo-thirds passage in the Senate.\nRECEIVED\n'75 you 25 PM 3:34\nOFFICE OF MANAGEMENT\nAND DUDGET\n- 2 -\nThe resolution itself, while not reciting the two-thirds\nvote requirement, does state that the legal disabilities\nplaced upon General Lee as a result of his Civil War military\nservice are removed \"in accordance with section 3 of amendment\n14.\" This reference to article 3 of Amendment Fourteen and\nthe lack of any evidence that the resolution passed the Senate\nby less than a two-thirds vote is sufficient, we believe,\nfor Executive approval.\nAccordingly, the Department of Justice has no objection\nto Executive approval of S.J. Res. 23.\nSincerely,\nMichael M Michael M. Uhlmann\nFOR IMMEDIATE RELEASE\nAUGUST 5, 1975\nOFFICE OF THE WHITE HOUSE PRESS SECRETARY\nTHE WHITE HOUSE\nREMARKS OF THE PRESIDENT\nAT THE\nSIGNING CEREMONY FOR S.J. RES. 23,\nRESTORATION OF CITIZENSHIP RIGHTS\nTO GENERAL ROBERT E. LEE\nLEE MANSION\nARLINGTON, VIRGINIA\n2:12 P.M. EDT\nGovernor Godwin, Senator Byrd, Congressman Butler,\nCongressman Harris, Congressman Satterfield, Congressman\nDowning and Congressman Daniel, distinguished guests,\nladies and gentlemen:\nI am very pleased to sign Senate Joint Resolution 23\nrestoring posthumously the long overdue full rights of citizen-\nship to General Robert E. Lee. This legislation corrects a\n110 year oversight of American history. It is significant\nthat it is signed at this place.\nLee's dedication to his native State of Virginia\nchartered his course for the bitter Civil War years causing\nhim to reluctantly resign from a' distinguished career in\nthe United States Army and to serve as General of the Army\nof Northern Virginia. He, thus, forfeited his right to\nU.S. citizenship.\nOnce the war was over, he firmly felt the wounds\nof the North and South must be bound up. He sought to show\nby example that the citizens of the South must dedicate their\nefforts to rebuilding that region of the country as a strong\nand vital part of the American Union.\nIn 1865, Robert E. Lee wrote to a former Confederate\nsoldier concerning his signing the Oath of Allegiance, and\nI quote, \"This war, being at an end, the Southern States\nhaving laid down their arms, and the questions at issue between\nthem and the Northern States having been decided, I believe\nit to be the duty of everyone to unite in the restoration\nof the country and the reestablishment of peace and harmony.\"\nMORE\n- 2 -\nThis resolution passed by the Congress responds\nto the formal application of General Lee to President Andrew\nJohnson on June 13, 1865, for the restoration of his full\nright of citizenship.\nAlthough his petition was endorsed by General Grant\nand forwarded to the President through the Secretary of War,\nan Oath of Allegiance was not attached because notice of\nthis additional requirement had not reached Lee in time.\nLater, after his inauguration as President of Washington\nCollege on October 2, 1865, Lee executed a notarized Oath of\nAllegiance. Again his application was not acted upon because\nthe Oath of Allegiance was apparently lost. It was finally\ndiscovered in the National Archives in 1970.\nAs a soldier General Lee left his mark on military\nstrategy. As a man he stood as the symbol of valor and of\nduty. As an educator, he appealed to reason and learning to\nachieve understanding and to build a stronger nation. The\ncourse he chose after the war became a symbol to all those\nwho had marched with him in the bitter years towards\nAppomattox.\nGeneral Lee's character has been an example to\nsucceeding generations, making the restoration of his citizen-\nship an event in which every American can take pride.\nIn approving this Joint Resolution, the Congress\nremoved the legal obstacle to citizenship which resulted from\nGeneral Lee's Civil War service. Although more than a century\nlate, I am delighted to sign this Resolution and to complete\nthe full restoration of General Lee's citizenship.\nEND\n(AT 2:17 P.M. EDT)\nS. J. Res. 23\nAinety-fourth Congress of the United States of America\nAT THE FIRST SESSION\nBegun and held at the City of Washington on Tuesday, the fourteenth day of January,\none thousand nine hundred and seventy-five\nJoint Resolution\nTo restore posthumously full rights of citizenship to General R. E. Lee.\nWhereas this entire Nation has long recognized the outstanding virtues\nof courage, patriotism, and selfless devotion to duty of General R. E.\nLee, and has recognized the contribution of General Lee in healing\nthe wounds of the War Between the States, and\nWhereas, in order to further the goal of reunion of this country,\nGeneral Lee, on June 13, 1865, applied to the President for amnesty\nand pardon and restoration of his rights as a citizen, and\nWhereas this request was favorably endorsed by General Ulysses\nS. Grant on June 16, 1865, and\nWhereas, General Lee's full citizenship was not restored to him subse-\nquent to his request of June 13, 1865, for the reason that no accom-\npanying oath of allegiance was submitted, and\nWhereas, on October 12, 1870, General Lee died, still denied the right\nto hold any office and other rights of citizenship, and\nWhereas a recent discovery has revealed that General Lee did in fact\non October 2, 1865, swear allegiance to the Constitution of the\nUnited States and to the Union, and\nWhereas it appears that General Lee thus fulfilled all of the legal as\nwell as moral requirements incumbent upon him for restoration of\nhis citizenship: Now, therefore, be it\nResolved by the Senate and House of Representatives of the United\nStates of America in Congress assembled, That, in accordance with\nsection 3 of amendment 14 of the United States Constitution, the legal\ndisabilities placed upon General Lee as a result of his service as Gen-\neral of the Army of Northern Virginia are removed, and that General\nR. E. Lee is posthumously restored to the full rights of citizenship,\neffective June 13, 1865.\nSpeaker of the House of Representatives.\nVice President of the United States and\nPresident of the Senate.\nCalendar No. 44\n94TH CONGRESS\nSENATE\nREPORT\n1st Session\nNo. 94-44\nRESTORING POSTHUMOUSLY FULL RIGHTS OF CITI-\nZENSHIP TO GEN. R. E. LEE\nMARCH 19 (legislative day, MARCH 12), 1975.-Ordered to be printed\nMr. EASTLAND, from the Committee on the Judiciary,\nsubmitted the following\nREPORT\n[To accompany S.J. Res. 23]\nThe Committee on the Judiciary, to which was referred the joint\nresolution (S.J. Res. 23) to restore posthumously full rights of citi-\nzenship to Gen. R. E. Lee, having considered the same, reports favor-\nably thereon, without amendment, and recommends that the joint\nresolution be agreed to.\nPURPOSE\nrights of citizenship to Gen. R. E. Lee.\nThe purpose of the joint resolution is to restore posthumously full\nSTATEMENT\nIn introducing S.J. Res. 189, a similar resolution in the 93rd Con-\ngress, Senator Harry F. Byrd, Jr. on February 21, 1974, said on the\nSenator floor:\nMr. President, nearly 3 years ago, on March 10, 1971, I in-\ntroduced legislation to restore posthumously the full rights\nof citizenship of Gen. Robert E. Lee. That legislation was\nprompted by the discovery in the National Archives in 1970\nof the bona fide amnesty oath signed by General Lee. The res-\nolution, unfortunately, was not acted upon before the 92d\nCongress adjourned.\n38-010\n3\n2\nOn October 2, 1865, General Lee, as an example to the\nI am reintroducing this measure today.\npeople of the South, laid aside his role as a military leader\nAgain I can say, as a Virginian, I take this step with\nand became a leader of young men. On that day he was in-\nmuch pride, and I call to the attention of the Senate that\naugurated president of Washington College and dedicated\nthis belated action is not sectional in nature, but rather is a\nthe remaining years of his life to preparing young men to\nstep that should have been taken by the Nation as a whole\nbe servants of the reunited States of the Union.\nOn that same day, General Lee, apparently having become\nlong ago.\nI could, of course, speak at great length on the subject of\naware of the requirement of an amnesty oath, appeared in\nGeneral Lee's ability as a military commander and his deeds\nLexington before Charles A. Davidson, a notary public for\nin the service of Virginia and the South. I would rather\nthe county of Rockbridge, Va., to whom he gave the follow-\nemphasize to the Senate the sterling character of General\ning oath:\nLee, which has stood as an unequaled example of gentle-\nI, Robert E. Lee, of Lexington, Virginia, do solemnly\nmanly demeanor, both in victory and adversity.\nswear, in the presence of Almighty God, that I will hence-\nHistorians have long recognized the beneficial effects of\nforth faithfully support, protect and defend the Constitution\nGeneral Lee's conduct subsequent to the War Between the\nof the United States, and the Union of the States thereunder,\nStates. Instead of harboring bitterness in his heart, General\nand that I will, in like manner, abide by and faithfully sup-\nLee, both by word and deed, put his full effort into healing\nport all laws and proclamations which have been made dur-\nthe wounds of that tragic conflict. His actions represented\ning the existing rebellion with reference to the emancipation\nthe noblest attributes of our national character and were in\nof slaves, SO help me God-Signed, R. E. Lee.\nfull accord with the fervent desire for peaceful reunion so\nI believe we can safely assume that had this oath reached\neloquently expressed by President Lincoln.\nthe hands of the President, that General Lee's citizenship\nI regard President Lincoln and General Lee as two of our\nwould have been restored in full. But it was lost for quite\ngreatest Americans. Their character, their leadership, their all\nsome period of time, and was discovered only a few years ago.\ncourage and their ability will stand as a monument for\nIn the 1970 winter issue of Prologue, the journal of the Na-\ntional Archives, Mr. Elmer O. Parker wrote an excellent\ntime. Only 2 months after the surrender of the Army of Northern\narticle describing the discovery of General Lee's oath among\nVirginia at Appomattox Court House, General Lee and on\nthe State Department records of the National Archives. Ap-\nJune 13, 1865, applied to President Johnson for amnesty\nparently the oath was submitted separately and was never\nrestoration of his rights as a citizen, pursuant to the Presi-\njoined to General Lee's request of June 13, 1865.\ndent's Amnesty Proclamation of May 29, 1865.\nI recite these facts again to the Senate in order to show that\nIn furtherance of the conciliatory spirit and fairness he\nGeneral Lee fulfilled every requirement for the restoration of\ndisplayed to General Lee and his soldiers at Appomattox\nhis citizenship.\nCourt House, Gen. Ulysses S. Grant graciously forwarded\nAs is known to many, on February 15, 1869, the outstand-\nthe request to the President on June 20, 1865. Always have\ning treason indictments against General Lee, his sons, and\nI been impressed with the magnanimity of General Grant.\n14 other general officers of the Confederacy, were dismissed\nThe endorsement of General Lee's application for amnesty\nby the United States. Thus, the only bar to the citizenship of\nGeneral Lee is the 3d section of the 14th amendment to the\nand pardon follows:\nRespectfully forwarded through the Secretary of War to\nConstitution, which provides that no person who has previ-\nthe President, with the earnest recommendation that this\nously taken an oath as an officer of the United States and is\napplication of General R. E. Lee for amnesty and pardon\nsubsequently engaged in rebellion against the same, can hold\nbe granted him. The oath of allegiance required by recent\noffice. The amendment provides that Congress, by a two-thirds\nmay order of the President to accompany applications does not\nvote of each House, can remove such a disability.\naccompany this for this reason, as I am informed by General\nMr. President, I feel that Congress should act now to re-\nOrd, that the order requiring it has not reached Richmond\nstore the full rights of citizenship to one of the greatest\nAmericans of all time.\nwhen this was forwarded.\nUnknown to General Lee on June 13, when he requested\nMr. President, I ask unanimous consent that the text of this\namnesty and restoration of citizenship, was the requirement\njoint resolution which I send to the desk for appropriate\nthat an oath of allegiance accompany such a request.\nreference be printed in the RECORD at this point.\nThe next several months in General Lee's life were busy\n*\n*\n*\n*\n*\nduring this period, he moved to Lexington, Va., and the\nMr. President, I also ask unanimous consent that a copy of\nones; became president of what was then Washington College,\nGeneral Lee's letter of June 13, 1865, to President Johnson;\ninstitution which is now Washington and Lee University.\nhis letter of the same date to General Grant; General Grant's\nS.R. 44\nS.R. 44\n4\n5\nendorsement of June 16, 1865; General Grant's letter to Gen-\neral Lee of June 20, 1865 a copy of the oath itself, and a copy\nof all the paroled officers and men. If SO disposed they might\nof the article by Mr. Parker be printed in the RECORD.\neven regard such an infraction of terms by the Government\nThere being no objection, the material was ordered to be\nas an entire release from all obligations on their part. I will\nprinted in the RECORD, as follows:\nstate further that the terms granted by me met with the hearty\nRICHMOND, Va., June 22, 1865.\napproval of the President at the time, and of the country\nHis Excellency ANDREW JOHNSON\ngenerally. The action of Judge Underwood, in Norfolk, has\nDEAR SIR: Being excluded from the provisions of the am-\nalready had an injurious effect, and I would ask that he be\nordered to quash all indictments found against paroled pris-\nnesty and pardon in the proclamation of the 29th ult., I here-\noners of war, and to desist from further prosecution of them.\nby apply for the benefits and full restoration of all rights and\nU. S. GRANT,\nprivileges extended to those enclosed in its terms. I graduated\nLieutenant-General.\nat the Military Academy at West Point in June 1829; re-\nsigned from the United States Army, April, 1861; was a\ngeneral in the Confederate Army, and included in the sur-\nHEADQUARTERS ARMIES OF THE UNITED STATES,\nrender of the Army of Northern Virginia, April 9, 1865. I\nWashington, June 20, 1865.\nhave the honor to be, very respectfully.\nGeneral R. E. LEE,\nYour obedient servant,\nRichmond, Va.:\nR.E.LEE.\nYour communications of date of the 13th instant, stating\nthe steps you had taken after reading the President's proc-\nlamation of the 29th ultimo, with a view of complying with\nRICHMOND, June 13, 1865.\nLieut. Gen. U. S. GRANT,\nits provisions when you learned that, with others, you were\nCommanding Armies of the United States.\nto be indicted for treason by the grand jury at Norfolk; that\nGENERAL: Upon reading the President's proclamation of\nyou had supposed the officers and men of the Army of North-\nthe 29th ultimo, I came to Richmond to ascertain what was\nern Virginia were by the terms of their surrender protected\nby the United States Government from molestation SO long\nproper or required of me to do, when I learned that with\nas they conformed to its conditions; that you were ready to\nothers I was to be indicted for treason by the grand jury at\nmeet any charges that might be preferred against you, and\nNorfolk. I had supposed that the officers and men of the Army\ndid not wish to avoid trial, but that if you were correct as to\nof Northern Virginia were, by the terms of their surrender,\nthe protection granted by your parole, and were not to be\nprotected by the United States Government from molestation\nprosecuted, you desired to avail yourself of the President's\nSO long as they conformed to its conditions. I am ready to meet\namnesty proclamation, and enclosing an application there-\nany changes that may be preferred against me. I do not wish\nfor, with the request that in that event it be acted on, has\nto avoid trial, but if I am correct as to the protection granted\nbeen received and forwarded to the Secretary of War, with\nby my parole, and am not to be prosecuted, I desire to comply\nthe following opinion endorsed thereon by me:\nwith the provisions of the President's proclamation, and\n\"In my opinion that officers and men paroled at Appo-\ntherefore inclose the required application, which I request in\nthat event may be acted on.\nmattox Court-House, and since, upon the same terms given to\nLee, cannot be tried for treason SO long as they observe the\nI am, with great respect, your obediant servant.\nterms of their parole. This is my understanding. Good faith,\nR. E. LEE.\nas well as true policy dictates that we should observe the\n[Indorsement]\nconditions of that convention. Bad faith on the part of the\nGovernment, or a contraction of that convention subjecting\nthe officers to trial for treason, would produce a feeling of\nHEADQUARTERS ARMIES OF THE UNITED STATES,\ninsecurity in the minds of all the paroled officers and men.\nJune 16, 1865.\nIf so disposed they might even regard such an infraction\nIn my opinion the officers and men paroled at Appomatox\nof terms by the Government as an entire release from all obli-\nCourt House, and since, upon the same terms given to Lee,\ngations on their part. I will state further that the terms\ncannot be tried for treason SO long as they observe the terms\ngranted by me met with the hearty approval of the President\nof their parole. This is my understanding. Good faith, as well\nat the time, and of the country generally. The action of Judge\nas true policy, dictates that we should observe the conditions\nUnderwood, in Norfolk, has already had an injurious effect,\nof that convention. Bad faith on the part of the Government,\nand I would ask that he be ordered to quash all indicts found\nor a construction of that convention subjecting officers to trial\nagainst paroled prisoners of war, and to desist from the fur-\nfor treason, would produce a feeling of insecurity in the minds\nther prosecution of them.\"\nS.R. 44\nS.R. 44\n6\n7\nThis opinion, I am informed, is substantially the same as\nGeneral Grant attempted to justify the absence of the oath.\nthat entertained by the Government. I have forwarded your\nHe explained to the President that Gen. E. O. C. Ord, com-\napplication for amnesty and pardon to the President, with\nmanding the Department of Virginia at Richmond, informed\nthe following endorsement thereto:\nhim that the order requiring it had not reached the city when\n\"Respectfully forwarded through the Secretary of War to\nLee's application was forwarded. Grant, therefore, earnestly\nthe President, with the earnest recommendation that this\nrecommended that amnesty and pardon be granted the old\napplication of General R. E. Lee for amnesty and pardon\nwarrior.\nmay be granted him. The oath of allegiance required, by\nMeanwhile, Lee had been elected president of Washington\nrecent order of the President to accompany applications does\nCollege and had proceeded on \"Traveller\" by easy paces to\nnot accompany this for the reason, as I am informed by\nLexington where he was inaugurated on October 2. This was\nGeneral Ord, the order requiring it had not reached Rich-\nan important day in his life. Not only did he take up the life\nmond when this was forwarded.\nof a useful citizen, he also subscribed to the amnesty oath,\nU. S. GRANT,\nthereby complying fully with the provisions of Johnson's\nLieutenant-General.\"\nproclamation. Thus, Lee had every reason to expect he would\nOFFICE OF\nbe pardoned and restored to full citizenship.\nBut this never happened, Secretary of State William H.\nNOTARY PUBLIC,\nSeward gave Lee's application to a friend as a souvenir and\nRockbridge County, Va., October 2nd, 1865.\nhis oath was evidently pigeonholed. Although attempts have\nbeen made in recent years to have Congress restore Lee's\nAMNESTY OATH\ncitizenship posthumously, all have come to naught. As far as\nI Robert E. Lee, of Lexington, Virginia do solemnly swear,\nwas known Lee, after laying down his arms at Appomattox,\nin the presence of Almighty God, that I will henceforth\nhad not sworn \"to support, protect and defend the Constitu-\nfaithfully support, protect and defend the Constitution of\ntion of the United States.\" But the discovery of his oath of\nthe United States, and the Union of the States thereunder,\namnesty proves that he had indeed done SO. Furthermore, he\nand that I will, in like manner, abide by and faithfully sup-\nhad also sworn to \"faithfully support all laws and proclama-\nport all laws and proclamations which have been made during\ntions made during the rebellion with reference to the eman-\nthe existing rebellion with reference to the emancipation of\ncipation of slaves.' Lee's oath was duly executed, signed, and\nslaves, SO help me God.\nnotarized, and for a century it has remained buried in a file\nR. E. LEE.\nin the nation's archives.\nSworn to and subscribed before me, this 2nd day of\nMr. HARRY F. BYRD, Jr. Mr. President, since I originally\nOctober 1865.\nintroduced this legislation in the 92d Congress, the alterna-\nCHAS. A. DAVIDSON,\ntive of present-day Executive pardon has been suggested as\nNotary Public.\na means for more expeditious handling of this matter. I am\nadvised that the necessity for congressional action-by the\nlegislative process established under the third section of the\nWHY Was LEE NoT PARDONED!\n14th amendment to the Constitution-has been indicated by\nboth the White House, through the Office of the Counsel to\n(By Elmer Oris Parker)\nthe President, and by the Department of Justice, through the\nOffice of the Deputy Attorney General.\nArchivists have recently discovered Robert E. Lee's oath\nThere has been a groundswell of support for my proposal\nof amnesty among State Department records in the National\nfrom all over the Nation, which has grown ever since its\nArchives. To those historians of the Civil War and Recon-\noriginal introduction 3 years ago. That it has not waned is,\nstruction who believe that Lee did not satisfy the require-\nI believe, amply supported by the recent articles in the Wash-\nments for amnesty this may come as a surprise.\nington Star-News, dated February 10, 1974, and in Time mag-\nFacing an indictment for treason, Lee read in Richmond\nazine, dated February 25, 1974. I ask unanimous consent that\nnewspapers President Andrew Johnson's proclamation of\nthese articles be printed in the Record at this point:\nMay 29, 1865, \"to induce all persons to return to their loyalty.\"\nThere being no objection, the articles were ordered to be\nLee immediately informed Gen. Ulysses S. Grant that he\nprinted in the Record, as follows:\nwanted to comply with the provisions of the proclamation\nand enclosed \"the required application.\" It was not in order\nfor it was not accompanied by an oath of allegiance to the\nUnited States. Such an oath was required by an order of\nthe President. Lee's action was premature.\nS.R. 44\nS.R. 44\n9\n8\nGENERAL LEE'S LAST BATTLE: CITIZENSHIP\nginia Senate resolution says the Confederate leader \"fulfilled\nall of the legal and moral requirements incumbent upon him\n(By Brian Kelly)\nfor restoration of his citizenship.\"\nThe Virginia resolution also asks Congress to grant the citi-\nRICHMOND.-Virginias' State senate has jointed the parade\nzenship effective June 13, 1865, the day Lee prepared his am-\nof those asking Congress to restore full U.S. citizenship to\nnesty petition to Andrew Johnson here in the one-time capital\nConfederate Gen. Robert E. Lee, the native son who died 103\nof the Confederacy.\nyears ago with his personal plea to rejoin the Union as a\nRESTORING LEE\nrestored citizen still pending.\nMembers of the Senate agreed yesterday to a resolution ask-\nFor more than 100 years, Robert E. Lee has been some-\ning the posthumous action with no audible dissent. Virginia's\nthing of a man without a country. Never mind that he was\nHouse of Delegates is expected to concur wholeheartedly.\none of the most illustrious and magnanimous generals in U.S.\nCiting Lee's \"contribution\" in \"healing the wounds\" of the\nhistory. After he surrendered his sword at Appomattox, he\nCivil War, the resolution also took note of the disappearance\napparently failed to take an oath of loyalty to the U.S. Con-\na century ago of an oath of allegiance that Lee swore out in\nstitution, which many Confederates were obliged to do if they\n1865, after the Civil War, and dispatched to President An-\nwished to regain the full U.S. citizenship that they had for-\ndrew Johnson, Arbaham Lincoln's successor.\nfeited. Up to his death in 1870, he was denied citizenship.\nWhy the necessary oath never reached Johnson remains a\nEver since, Southern sympathizers have been trying to recover\nmystery. It turned up in the National Archives in 1970, dis-\nit for him posthumously.\ncovered there by military archivist Elmer O. Parker, accord-\nTheir seemingly lost cause revived in 1970 when a re-\ning to a spokesman of U.S. Sen. Harry F. Byrd Jr., who asked\nsearcher discovered that there was a Lee loyalty oath, after\nCongress in 1971 to restore Lee's citizenship.\nall, buried among State Department records in a file at the\nThe Lee bill, which has been endorsed by Alabama's legis-\nNational Archives. Initially, before he knew of the oath, Lee\nlature and a parade of editorialists, columnists and others,\nhad written to the White House requesting amnesty. Later\nfailed to win any action in the Senate Judiciary Committee\nhe went to a notary and swore his allegiance, but somehow\nin the last session of Congress, but Byrd apparently has not\nthe oath never caught up with the amnesty petition.\ngiven up the cause of Lee's citizenship.\nGeneral Lee's supporters are making a drive in this session\nIn the meantime, it appears Lee took two steps in 1865 to\nof Congress to restore his lost citizenship. Last week the\nseek presidential amnesty and restoration of his citizenship,\nsenate in Virginia, where Lee was born and died, passed a\npartly as a symbolic gesture designed to encourage a spirit of\nresolution calling upon Congress to correct the longstanding\nreunion in the shattered nation of that era.\nerror. It seemed a modest enough request a century after the\nFirst, in June, he sat down here and wrote a petition of\nWar Between the States.\namnesty to Johnson. Gen. Ulysses S. Grant, Lee's chief Union\nMr. HARRY F. BYRD JR. Mr. President, I point out further\nadversary, endorsed the petition and personally forwarded it\nthat the Virginia Senate just recently unanimously adopted\nto Johnson.\na resolution memorializing Congress to take such action.\nBut Lee didn't know he also was required to swear out an\nSubsequently on March 11, 1974, Senator Harry F. Byrd, Jr., said on\noath of allegiance to the U.S. Constitution, as Grant noted in\nthe Senate floor:\nhis endorsement.\nFinally informed of the added requirement, Lee went on\nRESTORATION OF CITIZENSHIP TO ROBERT E. LEE\nOct. 2, 1865, the day he became President of Washington\nCollege in Lexington, Va. (now Washington and Lee Uni-\nMr. HARRY F. BYRD, JR. Mr. President, on Febru-\nversity) to notary public Charles Davidson in Lexington and\nary 21, 1974, I introduced Senate Joint Resolution 189, a\nswore out the oath.\nresolution to restore posthumously full rights of citizenship\n\"He sent it,\" George Shanks, a legislative assistant to Byrd,\nto Gen. Robert E. Lee. On that day, I indicated that the\nsaid, \"and that was the last that anybody saw of it until\nVirginia General Assembly had favorably considered related\nParker came up with it in 1970.\"\nlegislation.\nThree years ago Byrd said, \"I think we can safely assume\nI have recently received a copy of Virginia Senate Joint\nthat had this oath reached the hands of the President (John-\nResolution No. 38. Its principal sponsor is Senator Paul W.\nson), Gen. Lee's citizenship would have been restored in full.\"\nManns. His district, the 28th Senatorial District, includes\nIntroduced by Democratic State Sen. Paul Manns, whose\nthe counties of Caroline, Essex, King George, Lancaster,\ndistrict includes Lee's birthplace at Stratford Hall, the Vir-\nNorthumberland, Stafford, and Westmoreland, and the city of\nFredericksburg.\nS.R. 44\nS.R. 44\n10\n11\nAs students of Virginia history and admirers of General\nLee know, Westmoreland County is General Lee's birthplace\nWhereas, it appears that General Lee thus fulfilled all of\nand the location of the Lee family home, Stratford Hall. The\nthe legal as well as moral requirements incumbent upon him\nresidents of that county in Virginia's historic \"Northern\nfor restoration of his citizenship; now, therefore, be it\nNeck\" take a special pride in having in close proximity this\nResolved by the Senate, the House of Delegates concurring,\nstately home of one of America's most distinguished families.\nThat the legal disabilities placed upon General Lee as a result\nVirginia Senate Joint Resolution No. 38 was cosponsored\nof his service as General of the Army of Northern Virginia\nby practically every Senator in that 40 member body. It\nshould be removed, and that General R. E. Lee should be\npassed by acclamation on February 7, 1974, the same date as\nposthumously restored to the full rights of citizenship, effec-\nits introduction.\ntive June thirteen, eighteen hundred sixty-five, by the Con-\nAction in the Virginia House of Delegates was completed\ngress of the United States.\non February 20, 1974, when the 100 member House passed\nResolved, further, That the clerk of the Senate is directed\nthe measure unanimously.\nto send copies of this Resolution to the members of the dele-\nClearly, both by the explicit language of the resolution\ngation to the Congress of the United States of this Common-\nand the affirmative acts of both of Virginia's legislative bodies\nwealth in order that they may be apprised of the sense of\nit is the sense of the General Assembly of the Common-\nthis Body.\nwealth of Virginia that the Congress of the United States\nThe committee believes that the resolution is meritorious and\nrestore to General Lee all the rights which he, as a beloved\nrecommends it favorably.\nVirginian and a great American, SO rightly deserves. It is\nimportant to note that General Lee himself requested in\nunity the restoration of his rights.\n*\n*\nI ask unanimous consent that text of Senate Joint Reso-\nlution 38 of the Virginia Senate be printed in the RECORD.\nThere being no objection, the text of the resolution was\nordered to be printed in the RECORD, as follows:\nSENATE JOINT RESOLUTION No. 38\nWhereas, this entire Nation has long recognized the out-\nstanding virtues of courage, patriotism, and selfless devotion\nto duty of General R. E. Lee, and has recognized the contri-\nbution of General Lee in healing the wounds of the War\nBetween the States; and\nWhereas, in order to further the goal of reunion of this\ncountry, General Lee, on June thirteen, eighteen hundred\nsixty-five, applied to the President for amnesty and pardon\nand restoration of his rights as a citizen; and\nWhereas, this request was favorably endorsed by General\nUlysses S. Grant on June sixteen, eighteen hundred sixty-\nfive; and\nWhereas, General Lee's full citizenship was not restored to\nhim subsequent to his request of June thirteen, eighteen hun-\ndred sixty-five, for the reason that no accompanying oath of\nallegiance was submitted; and\nWhereas, on October twelve, eighteen hundred seventy,\nGeneral Lee died, still denied the right to hold any office and\nother rights of citizenship; and\nWhereas, a recent discovery has revealed that General Lee\ndid in fact on October two, eighteen hundred and sixty-five,\nswear allegiance to the Constitution of the United States\nand to the Union; and\nS.R. 44\nS.R. 44\nJuly 24, 1975\nDear Mr. Director:\nThe following bills were received at the White\nHouse on July 24th:\nS.J. Res. 23\nH.J. Res. 560\nH.R. 6950\nPlease let the President have reports and\nrecommendations as to the approval of these\nbills as soon as possible.\nSincerely,\nRobert D. Linder\nChief Executive Clerk\nThe Honorable James T. Lynn\nDirector\nOffice of Management and Budget\nWashington, D. C."
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