This sentence was, afterwards, though with some hesitation, approved, almost unanimously, by congress.

The court softened, in some degree, the severity of the second charge, by finding him guilty, not in its very words, but "of misbehaviour before the enemy, by making an unnecessary, and, in some few instances, a disorderly retreat." Lee defended himself with his accustomed ability.

He proved that, after the retreat had commenced, in consequence of General Scott's repassing the ravine, on the approach of the enemy, he had designed to form on the first advantageous piece of ground he could find; and that, in his own opinion, and in the opinion of some other officers, no safe and advantageous position had presented itself until he met General Washington; at which time it was his intention to fight the enemy on the very ground afterwards taken by that officer.

He suggested a variety of reasons in justification of his retreat, which, if they do not absolutely establish its propriety, give it so questionable a form as to render it probable that a public examination never would have taken place, could his proud spirit have stooped to offer explanation instead of outrage, to the Commander-in-chief.
His suspension gave general satisfaction through the army.

Without being masters of his conduct as a military man, they perfectly understood the insult offered to their general by his letters; and, whether rightly or not, believed his object to have been to disgrace Washington, and to obtain the supreme command for himself.