HEADQUARTERS ARMY OF
NORTHERN VIRGINIA,
March 6, 1864.
Secretary of War, Richmond.
SIR: I have just received your letter of the 5th instant
enclosing a slip from one of the Richmond journals giving an account of the
recent attack upon that city, and a copy of some papers found on the dead body
of Colonel Dahlgren disclosing the plan and purpose of the enterprise. I concur
with you in thinking that a formal publication of these papers should be made
under official authority, that our people and the world may know the character
of the war our enemies wage against us, and the unchristian and atrocious acts
they plot and perpetrate. But I cannot recommend the execution of the prisoners
who have fallen into our hands. Assuming that the address and secret orders of
Colonel Dahlgren correctly state his designs and intentions, they were not
executed, and I believe in a legal point of view acts in addition to intentions
are necessary to constitute crime. These papers can only be considered as
evidence of his intentions. It does not appear how far his men were cognizant
of them, or that his course was sanctioned by his Government. It is only known
that his plans were frustrated by a merciful Providence, his forces scattered,
and himself killed. I do not think it is right, therefore, to visit upon the
captives the guilt of his intentions. I do not pretend to speak the sentiments
of the Army, which you seem to desire. I presume that the blood boils with
indignation in the veins of every officer and man as he reads the account of
the barbarous and inhuman plot, and under the impulse of the moment many would
counsel extreme measures. But I do not think that reason and reflection would
justify such a course. I think it better to do right, even if we suffer in so
doing, than to incur the reproach of our consciences and posterity. Nor do I think
that under present circumstances policy dictates the execution of these men. It
would produce retaliation. How many and better men have we in the enemy's hands
than they have in ours! But this consideration should have no weight, provided
the course was in itself right. Yet history records instances where such
considerations have prevented the execution of maurauders and devastators of
provinces. It may be pertinent to this object to refer to the conduct of some
of our men in the Valley. I have heard that a party of Gilmer's battalion,
after arresting the progress of a train of cars on the Baltimore and Ohio
Railroad, took from the passengers their purses and watches. As far as I know,
no military object was accomplished after gaining possession of the cars, and
the act appears to have been one of plunder. Such conduct is unauthorized and
discreditable. Should any of that battalion be captured, the enemy might claim
to treat them as highway robbers; what would be our course? I have ordered an
investigation of the matter, and hope the report may be untrue.
I am, with great
respect, your obedient servant,
R. E. LEE.
SOURCE: John William Jones, Life and Letters of
Robert Edward Lee: Soldier and Man, p. 326-7
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