Lee, Robert E.

Autograph letter signed ("R E Lee"),1 1/4 pages (8 x 5 in.; 204 x 123 mm) on a sheet of blue-ruled stationery, [Richmond, ca. February 1868], to Mr. Macfarland; tiny loss at central intersecting folds, not affecting text.

Autograph letter signed ("R E Lee"),1 1/4 pages (8 x 5 in.; 204 x 123 mm) on a sheet of blue-ruled stationery, [Richmond, ca. February 1868], to Mr. Macfarland; tiny loss at central intersecting folds, not affecting text.
In response to your inquiry, we are pleased to provide you with a general report of the condition of the property described above. Since we are not professional conservators or restorers, we urge you to consult with a restorer or conservator of your choice who will be better able to provide a detailed, professional report. Prospective buyers should inspect each lot to satisfy themselves as to condition and must understand that any statement made by Sotheby's is merely a subjective qualified opinion.
NOTWITHSTANDING THIS REPORT OR ANY DISCUSSIONS CONCERNING CONDITION OF A LOT, ALL LOTS ARE OFFERED AND SOLD "AS IS" IN ACCORDANCE WITH THE CONDITIONS OF SALE PRINTED IN THE CATALOGUE.

Lee's travel plans are modified by his having to testify at the trial of Jefferson Davis for treason.

"I fear that I shall not be able to have the pleasure of seeing you on my return from Brandon [Mississippi] as I had anticipated. I must get back to Lexington as soon as possible, & shall be very busy Wednesday a.m. in completing any business. If I get through in time I will take the afternoon train, but will have to go certainly in the early train thursday. As my separation from one of my sons may be for some length of time, I wish to be with him as long as I can.

"I shall be obliged to return here by the 20th of March to attend the U.S. Court, & should it be convenient to you then, will accept your kind invitation at that time.

"Please present my kindest regards to Mrs. Macfarland & Miss Nannie."

Having spent nearly two years in Federal military prisons, Jefferson Davis was indicted in the U.S. Circuit Court for the District of Virginia for directing an armed rebellion against the United States. His bail of $100,000 was posted on 13 May 1867, with Horace Greeley contributing generously to the bond. Many observers, both in the North and South, wanted to see Davis's case settled quickly so that the country's regional reconcilation could continue. 

The trial was scheduled to begin in November 1867, but it was postponed when Chief Justice Salmon Chase was unable to attend. This was the last time Davis was present at any portion of his trial—and the last time that Davis and Lee met. On 26 March, an expanded indictment against Davis was handed down, based in part on the testimony of Robert E. Lee. It is this court appearance that Lee refers to in the present letter.

Davis's trial was rescheduled for May, but subsequently continued on three occasions. Justice Chase eventually indicated his willingness to let the indictment lapse, reasoning that since Davis had already been punished for making war against the United States by the Fourteenth Amendment (which prevented his holding elective office), he could not be retried for the same cause; in February 1869, the government officially announced that it would not prosecute the case. This official entry of nolle prosequi caused the dismissal not only of the case against Davis, but of potential indictments against many other former Confederate leaders, including Robert E. Lee.