To this terrible letter Lee sent the following impudent answer: "You
cannot afford me greater pleasure than in giving me the opportunity of
showing to America the sufficiency of her respective servants. I trust
that temporary power of office and the tinsel dignity attending it will
not be able, by all the mists they can raise, to obfuscate the bright
rays of truth." Washington replied by putting Lee under arrest. A
court-martial was at once convened, before which he was charged with
disobedience of orders in not attacking the enemy, with misbehaviour on
the field in making an unnecessary and shameful retreat, and, lastly,
with gross disrespect to the commander-in-chief. After a painstaking
trial, which lasted more than a month, he was found guilty on all three
charges, and suspended from command in the army _for the term of one
year_.
This absurdly inadequate sentence is an example of the extreme and
sometimes ill-judged humanity which has been wont to characterize
judicial proceedings in America. Many a European soldier has been
ruthlessly shot for less serious misconduct. A commander can be guilty
of no blacker crime than knowingly to betray his trust on the field of
battle. But in Lee's case, the very enormity of his crime went far to
screen him from the punishment which it deserved. People are usually
slow to believe in criminality that goes far beyond the ordinary
wickedness of the society in which they live. If a candidate for
Congress is accused of bribery or embezzlement, we unfortunately find it
easy to believe the charge; but if he were to be accused of attempting
to poison his rival, we should find it very hard indeed to believe it.
In the France of Catherine de' Medici or the Italy of Cæsar Borgia, the
one accusation would have been as credible as the other, but we have
gone far toward outgrowing some of the grosser forms of crime. In
American history, as in modern English history, instances of downright
treason have been very rare; and in proportion as we are impressed with
their ineffable wickedness are we slow to admit the possibility of their
occurrence. In ancient Greece and in mediæval Italy there were many
Benedict Arnolds; in the United States a single plot for surrendering a
stronghold to the enemy has consigned its author to a solitary
immortality of infamy. But unless the proof of Arnold's treason had been
absolutely irrefragable, many persons would have refused to believe it.
In like manner, people were slow to believe that Lee could have been so
deliberately wicked as to plan the defeat of the army in which he held
so high a command, and some historians have preferred to regard his
conduct as wholly unintelligible, rather than adopt the only clue by
which it can be explained. He might have been bewildered, he might have
been afraid, he might have been crazy, it was suggested; and to the
latter hypothesis his well-known eccentricity gave some countenance. It
Public-domain text, read in full here on John Shaqi.
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