There is a point of honor as old as organized warfare, that in the presence of danger or threatened danger it is an act of cowardice for an officer to resign for any but a good physical cause.
The better way is to justify, or if that cannot be done, to excuse as far as possible, the desertion of the Union by army and navy officers on the ground that the times were revolutionary, when precedents could not be followed, and legal and moral rights were generally disregarded. Such periods come occasionally in the history of nations. They are properly called rebellions, when they fail.
"Rebellion, indeed, appears on the back of a flying enemy, but revolution flames on the breastplate of the victorious warriors."(15)
Robert E. Lee, born in Virginia, of Revolutionary stock, had won reputation as a soldier in the Mexican War. He was fifty-four years of age, a Colonel of the First Cavalry, and, though in Washington, was but recently under orders from the Department of Texas. There is convincing evidence that General Scott and Hon. Frank P. Blair tendered him the command of the army of the United States in the impending war. This is supposed to have caused him to hesitate as to his course. In a letter (April 20, 1861) to a sister he deplores the "state of revolution into which Virginia, after a long struggle, has been drawn," saying:
"I recognize no necessity for this state of things, . . . yet in my own person I had to meet the question whether I would take part against my native State. With all my devotion to the Union, and the feeling of loyalty and duty of an American citizen, I have not been able to make up my mind to raise my hand against my relatives, my children, my home. I have, therefore, resigned my commission in the army, and, save in defence of my native State, with the hope that my poor services will never be needed, I hope I may never be called on to draw my sword."
On the same day, in a letter to General Scott accompanying his resignation, he says: "Save in defence of my State, I never desire to draw my sword."
Lee registered himself, March 5, 1861, in the Adjutant-General's office as Brevet-Colonel and Lieutenant-Colonel Second Cavalry.(16) He was nominated, March 21, 1861, by President Lincoln, Colonel First Cavalry, and on March 23d the nomination was confirmed by the Senate. He was then commissioned by the President, Colonel, March 25th, to rank from March 16, 1861; he received this commission March 28th, and accepted it by letter March 30, 1861. Seven States had then seceded from the Union, and the Confederate States of America had existed since February 8, 1861.
Three weeks after (April 20th) Lee accepted this last commission he tendered his resignation in the United States Army. It did not reach the Secretary of War until April 24th, nor was it accepted until April 27th, to take effect April 25, 1861.(17)
Lee, however, accepted, April 22nd, a commission as Major-General in the "Military and Naval Forces of Virginia," assuming command of them by direction of Governor John Letcher, April 23, 1861.
It thus appears that two months and a half after the Confederate States were formed Robert E. Lee accepted President Lincoln's commission in the U.S.A.; then twenty-four days later, and pending the acceptance of his resignation, took command of forces hostile to the Federal Union. He, April 24th, gave instructions to a subordinate: "Let it be known that you intend no attack; but invasion of our soil will be considered an act of war."