When war broke out between the United States and the Confederate states in 1861, all those who served the Confederacy lost their citizenship with the United States, and were considered guilty of treason. When the war was over, with the United States triumphant, Robert E. Lee, the Commander of the Army of Northern Virginia, worked to support reconstruction and reunification between the states, even testifying before congress.
On December 25th, 1868 President Andrew Johnson granted an unconditional pardon to those who directly or indirectly rebelled against the United States. In order to regain citizenship an oath of amnesty had to be taken and submitted to the State Department. Lee's oath was pigeon holed, likely by one who remembered the damage Lee inflicted on the Union, possibly by Secretary of State William H. Seward. Without the oath, a pardon was never officially granted, and Lee did not regain citizenship. Lee had no country, since the Confederacy no longer existed, and the United States had not taken him back. In 1970 an archivist found Lee's oath in the National Archives.
A campaign started to posthumously restore Lee's full citizenship rights, and five years later, Senate Joint Resolution 23, A joint resolution to restore posthumously full rights of citizenship to General R. E. Lee, was introduced by Senator Harry F. Byrd, Jr.
On August 5th 1975 President Gerald Ford signed the resolution returning Lee's citizenship at Arlington House, Arlington, VA. The house was formerly known as the Custis-Lee Mansion, and was the home of General Lee. Before signing he had these words,
"I am very pleased to sign Senate Joint Resolution 23, restoring posthumously the long overdue, full rights of citizenship 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 rights 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. ...
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 citizenship 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."
Lee's legacy as a tactician, college president, general, and American was restored. Lee had opposed the war, but found a need and desire to support his home of Virginia. Afterwords he supported the efforts to heal the wounds and rebuild America. Restoring his citizenship, as legally promised, was the least that we could do.
-Professor Walter


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