Robert Stiles, Four years under Marse Robert

[353] myself voluntarily control their operations or conclusions; that I would never take an oath of the character of that demanded, and did not feel disposed to take any oath whatever under duress and imprisonment; that, in fact, I questioned whether an oath exacted under such circumstances was legally valid; but that I preferred not to subject myself to the moral strain of toning down and whittling away the obligation of any oath I might take; that, indeed, as the war was, or seemed to be, practically over, with no organized Confederate force in the field, I ought to be released upon indefinite parole not to take up arms against the United States; but that I was willing to accept a brief parole, say of thirty days, conditioned at the expiration of that time to take the simple oath of allegiance or leave the country; that as at present advised and inclined, I would join any nation, or government, or people under Heaven-even the Hottentots — to fight against the United States, if there was a fair chance of success; but if allowed to go out and mingle freely with the people of the South, and especially of Virginia, for a short time, and to see for myself that they had, as he assured me, given up all purpose and hope of independence, I might then be able to take the simple oath of allegiance intelligently and honestly, and in case I did so might well prove a better, that is, a more reliable, citizen than some who had raised no such question of conscience.

Major Lee was very kind and considerate. He attempted at first to reason me out of my position, and failing in that said he would incorporate the substance of what I had said in his report to the Government, and ask my release on parole; which he did, but the application was refused. He then suggested that perhaps I could formulate my own position more clearly and strongly than he had done, and said he would forward any paper of that character I might prepare, and he furnished me with writing materials for the purpose. Of course, with my comrades all departed, there was a great calm, a melancholy stagnation in “the prison pen,” and I revelled for days, almost weeks, in applying my little knowledge of law and my large sympathy with “general principles” to the preparation of paper after paper on the laws of war, as related to my case, and bearing on my