Tide Turns Case 6
Judge Underwood’s Mission
General Robert E. Lee surrendered at Appomattox Court House on April 9, 1865. Lt. General U.S. Grant offered paroles to Southern soldiers if they surrendered their weapons and military property and promised not to take up arms against the U.S. government. In return, the federal government would not prosecute them. But on June 7, 1865, U.S. Virginia District Judge John Underwood, a Lincoln appointee and abolitionist, issued indictments for thirty-two leaders, including Lee. Underwood charged him with “ ‘wickedly, maliciously, and traitorously’ carrying on war against the Constitution.” The judge demanded justice, advising the grand jury that Lee was not protected from prosecution based on his surrender agreement. Here, Lee wrote Grant, who then urged Secretary of War Edwin Stanton to quash the treason indictment. Still, the grand jury’s decision was unchanged until July 4, 1868, when President Andrew Johnson administered a second round of pardons that dismissed Lee’s indictment.
Label Audio
MS-SC902.1865.06.13
Robert E. Lee to Ulysses S. Grant, 13 June 1865
Richmond 13 June ‘65
Genl
Upon reading the Presidents proclamation of the 29 Ulto: I came to Richmond to ascertain what was proper or required of me to do; when I learned that with others, I was to be indicted for treason by the Grand Jury at Norfolk. I had supposed that the officers & men of the Army of N. Virga were by the terms of their surrender protected by the U.S. Govt; from molestation, so long as they conformed to its conditions.
I am ready to meet any charges that may be preferred against me, & do not wish to avoid trial, but if I am correct as to the protection granted by my parole–, am not to be prosecuted; I desire to comply with the provisions of the Presidents proclamation & therefore enclose the required application, which I request in that event, will be acted on–
I am with great respect
Your Obt Servt
R E Lee
Lt Genl U. S. Grant
Comms the Armies of the U. States–
Ulysses S. Grant to Edwin M. Stanton, 13 June 1865
Respectfully forwarded to the Secry of War.
In my opinion the officers and men paroled by Appomattox C.H. and since upon the same terms given to Lee, cannot be tried for treason so long as they observe the terms of their parole. This is my understanding. Good faith as well as true policy dictates that we should observe the conditions of that convention. Bad faith on the part of the Governm’t or a construction of that convention subjecting officers to trial for treason, would produce a feeling of insecurity in the minds of all the paroled officers and men If so disposed they might even regard such an infraction of the terms by the Government as an entire release from all obligations on their part.
I will state further that the terms granted by me met with the hearty approval of the President at the time, and of the country generally. The action of Judge Underwood in Norfolk has already had an injurious effect, and I would ask that he be ordered to quash all indictments found against paroled prisoners of war, and to desist from further prosecutions of them
U.S. Grant
Lieut. General
Hdqrs A US. June 16. 65
S. 29, A US 1865
Richmond, 13 June ‘65
Lee, R. E.
Understanding that, with others, he is to be indicted for treason by the Grand Jury of Norfolk, states his readiness to meet any charges that may be brought forward. Had supposed that the terms of his surrender protected him. If they should, he desires to comply with provisions of the amnesty proclamation and therefore encloses the required application which in that event he requests may be acted on.
one enclosed
Recd A US. June 16 1865
Letter Audio