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A Life of Gen. Robert E. Lee Part 30

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Q. Are you prepared to say that they respect the Government of the United States, and the loyal people of the United States, so much at the present time as to perform their duties as citizens of the United States, and of the States, faithfully and well?

A. I believe that they will perform all the duties that they are required to perform; I think that is the general feeling so far as I know.

Q. Do you think it would be practicable to convict a man in Virginia of treason for having taken part in this rebellion against the Government by a Virginian jury without packing it with direct reference to a verdict of guilty?

A. On that point I have no knowledge, and I do not know what they would consider treason against the United States-if you refer to past acts.

Mr. Howard: Yes, sir.

Witness: I have no knowledge what their views on that subject in the past are.

Q. You understand my question. Suppose a jury was impanelled in your own neighborhood, taken by lot, would it be possible to convict, for instance, Jefferson Davis, for having levied war upon the United States, and thus having committed the crime of treason?

A. I think it is very probable that they would not consider he had committed treason.

THEIR VIEWS OF TREASON.

Q. Suppose the jury should be clearly and plainly instructed by the Court that such an act of war upon the part of Mr. Davis or any other leading man const.i.tuted the crime of treason under the Const.i.tution of the United States, would the jury be likely to heed that instruction, and, if the facts were plainly in proof before them, convict the offender?

A. I do not know, sir, what they would do on that question.

Q. They do not generally suppose that it was treason against the United States, do they?

A. I do not think that they so consider it.

Q. In what light would they view it? What would be their excuse or justification? How would they escape, in their own mind? I refer to the past-I am referring to the past and the feelings they would have?

A. So far as I know, they look upon the action of the State in withdrawing itself from the Government of the United States as carrying the individuals of the State along with it; that the State was responsible for the act, not the individuals, and that the ordinance of secession, so called, or those acts of the State which recognized a condition of war between the State and the General Government stood as their justification for their bearing arms against the Government of the United States; yes, sir, I think they would consider the act of the State as legitimate; that they were merely using the reserved rights, which they had a right to do.

Q. State, if you please-and if you are disinclined to answer the question you need not do so-what your own personal views on that question are?

A. That was my view; that the act of Virginia in withdrawing herself from the United States carried me along as a citizen of Virginia, and that her laws and her acts were binding on me.

Q. And that you felt to be your justification in taking the course you did?

A. Yes, sir.

Q. I have been told, general, that you have remarked to some of your friends, in conversation, that you were rather wheedled or cheated into that course by politicians?

A. I do not recollect ever making any such remark; I do not think I ever made it.

Q. If there be any other matter about which you wish to speak on this occasion, do so, freely.

A. Only in reference to that last question you put to me. I may have said and may have believed that the positions of the two sections which they held to each other was brought about by the politicians of the country; that the great ma.s.ses of the people, if they understood the real question, would have avoided it; but not that I had been individually wheedled by the politicians.

Q. That is probably the origin of the whole thing.

A. I may have said that, but I do not even recollect that; but I did believe at the time that it was an unnecessary condition of affairs, and might have been avoided if forbearance and wisdom had been practised on both sides.

Q. You say that you do not recollect having sworn allegiance and fidelity to the Confederate Government?

A. I do not recollect it, nor do I know it was ever required. I was regularly commissioned in the army of the Confederate States, but I do not really recollect that that oath was required. If it was required, I have no doubt I took it; or, if it had been required, I would have taken it.

Q. Is there any other matter which you desire to state to the committee?

A. No, sir; I am ready to answer any question which you think proper to put to me.

NEGRO CITIZENs.h.i.+P.

Q. How would an amendment to the Const.i.tution be received by the secessionists, or by the people at large, allowing the colored people, or certain cla.s.ses of them, to exercise the right of voting at elections?

A. I think, so far as I can form an opinion, in such an event they would object.

Q. They would object to such an amendment?

A. Yes, sir.

Q. Suppose an amendment should nevertheless be adopted, conferring on the blacks the right of suffrage, would that, in your opinion, lead to scenes of violence or breaches of the peace between the two races in Virginia?

A. I think it would excite unfriendly feelings between the two races; I cannot pretend to say to what extent it would go, but that would be the result.

Q. Are you acquainted with the proposed amendment now pending in the Senate of the United States?

A. No, sir, I am not; I scarcely ever read a paper. [The substance of the proposed amendment was here explained to the witness by Mr.

Conkling.] So far as I can see, I do not think that the State of Virginia would object to it.

Q. Would she consent, under any circ.u.mstances, to allow the black people to vote, even if she were to gain a large number of representatives in Congress?

A. That would depend upon her interests; if she had the right of determining that, I do not see why she would object; if it were to her interest to admit these people to vote, that might overrule any other objection that she had to it.

Q. What, in your opinion, would be the practical result? Do you think that Virginia would consent to allow the negro to vote?

A. I think that at present she would accept the smaller representation; I do not know what the future may develop; if it should be plain to her that these persons will vote properly and understandingly, she might admit them to vote.

Q. (By Mr. Blow.) Do you not think it would turn a good deal, in the cotton States, upon the value of the labor of the black people? Upon the amount which they produce?

A. In a good many States in the South, and in a good many counties in Virginia, if the black people were allowed to vote, it would, I think, exclude proper representation-that is, proper, intelligent people would not be elected, and, rather than suffer that injury, they would not let them vote at all.

Q. Do you not think that the question as to whether any Southern State would allow the colored people the right of suffrage in order to increase representation would depend a good deal on the amount which the colored people might contribute to the wealth of the State, in order to secure two things-first, the larger representation, and, second, the influence desired from those persons voting?

A. I think they would determine the question more in reference to their opinion as to the manner in which those votes would be exercised, whether they consider those people qualified to vote; my own opinion is, that at this time they cannot vote intelligently, and that giving them the right of suffrage would open the door to a good deal of demagogism, and lead to embarra.s.sments in various ways; what the future may prove, how intelligent they may become, with what eyes they may look upon the interests of the State in which they may reside, I cannot say more than you can.

The above extract presents the main portion of General Lee's testimony, and is certainly an admirable exposition of the clear good sense and frankness of the individual. Once or twice there is obviously an under-current of dry satire, as in his replies upon the subject of the Confederate bonds. When asked whether he remembered at what time these bonds were made payable, he replied that his "general recollection was, that they were made payable six months after a declaration of peace." The correction was at once made by his interrogator in the words "six months after the ratification of a treaty of peace" etc. "I think they ran that way," replied General Lee. "So that," retorted his interrogator, "the bonds are not yet due by their terms?" General Lee's reply was, "I suppose, unless it is considered that there is a peace now, they are not due."

This seems to have put an abrupt termination to the examination on that point. To the question whether he had taken an oath of allegiance to the Confederate Government, he replied: "I do not recollect having done so, but it is possible that when I was commissioned I did; I do not recollect whether it was required; if it was required, I took it, or if it had been required, I would have taken it."

If this reply of General Lee be attentively weighed by the reader, some conception may be formed of the bitter pang which he must have experienced in sending in, as he did, to the Federal Government, his application for pardon. The fact cannot be concealed that this proceeding on the part of General Lee was a subject of deep regret to the Southern people; but there can be no question that his motive was disinterested and n.o.ble, and that he presented, in so doing, the most remarkable evidence of the true greatness of his character. He had no personal advantage to expect from a pardon; cared absolutely nothing whether he were "pardoned" or not; and to one so proud, and so thoroughly convinced of the justice of the cause in which he had fought, to appear as a supplicant must have been inexpressibly painful. He, nevertheless, took this mortifying step-actuated entirely by that sense of duty which remained with him to the last, overmastering every other sentiment of his nature. He seems in this, as in many other things, to have felt the immense import of his example. The old soldiers of his army, and thousands of civilians, were obliged to apply for amnesty, or remain under civic disability. Brave men, with families depending upon them, had been driven to this painful course, and General Lee seems to have felt that duty to his old comrades demanded that he, too, should swallow this bitter draught, and share their humiliation as he had shared their dangers and their glory. If this be not the explanation of the motives controlling General Lee's action, the writer is unable to account for the course which he pursued. That it is the sole explanation, the writer no more doubts than he doubts the fact of his own existence.

XIX.

GENERAL LEE'S LAST YEARS AND DEATH.

For about five years-from the latter part of 1865 nearly to the end of 1870-General Lee continued to concentrate his entire attention and all his energies upon his duties as President of Was.h.i.+ngton College, to which his great name, and the desire of Southern parents to have their sons educated under a guide so ill.u.s.trious, attracted, as we have said, more than five hundred students. The sedentary nature of these occupations was a painful trial to one so long accustomed to lead a life of activity; but it was not in the character of the individual to allow personal considerations to interfere with the performance of his duty; and the laborious supervision of the education of this large number of young gentlemen continued, day after day, and year after year, to occupy his mind and his time, to the exclusion, wellnigh, of every other thought. His personal popularity with the students was very great, and it is unnecessary to add that their respect for him was unbounded. By the citizens of Lexington, and especially the graver and more pious portion, he was regarded with a love and admiration greater than any felt for him during the progress of his military career.

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