The times. [volume] (Richmond, Va.) 1890-1903, 1898-03-13

ers OF General Lee should correctly state
the rank he held in the United States
army when he resigned his commission.
although they professsd to give record
OF all his military life from the date OF
hfs appointment as West Point cadet
II Is the more remarkable az two or tins
biographers were West Pointers and OLD
army officers. II Is the prevailing impress
sion that when General Lee resigned ne
was Lieutenant Colonel OF the Second
Cavalry. OF which Albert Sidney John
ston was Colonel Near the close OF the
Buchanan administration. General
Twiggs was dismissed from the army for
surrencering Unised States trops 20 the
Texans about the same time Lieutenant.
Colonel Lee. who was with bis regiment
at Fort Mason. Texas, was ordered on
duty By General Scott 10 Washington
He arrived there a few days before tho
inauguration OF Lincoln. Scott was old
and infirm. The present law for reur'
ing officers at certain age had not been
passed. Lee had always been In close
personal ard official relations with Scott.
In Mexico he mad been on SCOTS stan.
his abest and confidential adviser. Scott
wanted HIM In Washington as COUNSEL
lor IN the storm no saw coming. Airing
ton. HIS home. was on the opposite bank
Of the Potomac. He was known TO be
strong Union man. On January q. 1851.
he had written secession Is nothing but
revolution. The trainers OF our consti-
tuition never exhausted so much LABOR.
wisdom. forbeerance In its formation.
and surrounded It with so many guards
and securities, II II was intended TO he
broken by every member OF the Confed-
eraey at will.
NO TEMPTING OFFER
Mr. Lincoln In March 1851 appointed
Sumner. who was Colonel OF tho First
Cavalry. 70 be Brigadler- General TO I'LL
tho vacancy caused by the dismissal OF
TwIeg: and Lieutenant Colonel Robert
f. Lee OF the Second Cavalry. TO the
Ffrsa cavalry. vice Sumner promoted.
He held this commission over a month
and then resigned IT, In his memoir or
his uncle, Fitz Lee published the letter
OF resignation OF two lines IN foot note,
but Judging from the silence OF the text
the inference Is he had not read Il and
did not know that General Lee ever &C
ccpted an appointment from Lincoln.
The truth is. Mr. Lincoln. after that also
promoted Second Lieutenant Fftzhugh
Lee TO be First Lieutenant. The letter
OF resignation. OF course. Goes not dis
close the fact that Abraham Lincoln ap-
pointed HIM. While this Ia an interesting
fact in history there 10 nothing In II dis
creditable TO General Lee. As long as
ne couid conscienclously hold a commits
sion IN the United States army. It was
iust as proper for him TO accept promo
ton. as 10 retain what ne had. Nor do
I agre> with Fitz Lee that when war was
declared and Mr.. Lincoln offered to Coll
onel Lee the command OF the army In the
field, he did so ito secure him by
tempting offer" General Scott knew
that no such offer would be even temp
tntlon 10 General Lee to swerve from
performing what he regarded as duty.
There hau been no change In his opinions
as TO the folly of secession since he
wrote the letter have quoted in jar
uary: but there had been great change
In political conditions since the firing on
Sumter
The long conflict over slavery had at
last eliminated and risen to the propo-
rtions Of a great territorial war. As tho
Supreme Court said in the prize cases.
"Tis greatest OF civil wars was not grad
ually developed by popular commotion.
umultuous or local unorganized insur-
rectIons; however long may have been
its previous conception II sprung forth
from the parent brain, a Minerva In the
full panoply OF war"
TERRITORIAL WAR.
The act OF Congress and Mr.. Lincolns
proclamation prohibiting all intercourse
between people living on opposite banke
OF the Potomac. recognized the fact thai
Virginia was no longer in the iurisdictios
of the Union. but foreign and hostile ter
ritory and her citizens allen enemisA
The political status OF men In sues
a contest is not determined by their per-
sonal sentiments. but by their domicileA
A Virginia Quaker at home becomes In
law az much a public enemy OF the United
States as n soldier In arms. All on ono
side OF the line were enemies OF all on
the other. BY the terms OF the pro-
clamation a ship captured on the high
seas. tho property OF a Union man In
Virginia. was Forfeited to tho United
States I'm pursuance OF the laws OF
the United States, and OF the law OF
nations in such case. provided" The
law OF nations does not regulate the re-
lations between government and Its citt-
gems. but between independent nations.
The proclamation itself Is an acknowledge
ment that this was not domestic iasur-
rection but a great territorial war Tho
Southern Confederacy has passed away,
so did tho empires u Alexander and the
Caesars.
Its origin Is immaterlai, II is all tho
same whether II sprung from tho right
OF secession or revoution-lt existed.
Lee accepted the inevitable. and fought
for his own SOIL not on any States
rights theory but in obedience TO an In
stinct OF nature which Is a higher law
than any that man can make. The fact
is that when General Lee took command
of the Virginia troops. although the or
dinance OF secession had been submitted
by the convention 10 n popular vote.
It was no. ratified at an election until
a month afterwards. SO far as the Sc
cession ordinance IS concerned II could
not ba operative I'll ratified. Even X
constitutional. IT was a mere proposal.
like the draft OF deed that has not been
delivered Writing with a broken heart
to his sister I'm Baltimore, the day he
resigned. General Lee said: THE whole
South is in a state OF revolution, with
all my devotion to the Union. and feel
ing OF loyalty and duty OF an American
citizen. have not been able 70 make up
my mind 20 raise my hand against my
relatives, my children. my home"
JOHN 5. MOsBY,
San Francisco Cal February 49,.