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The Last Battle of the Civil War: United States versus Lee, 1861-1883, by Anthony J. Gaughan
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Seventeen years after Robert E. Lee's surrender at Appomattox, one final, dramatic confrontation occurred between the Lee family and the United States government. In The Last Battle of the Civil War, Anthony J. Gaughan recounts the fascinating saga of United States v. Lee, known to history as the "Arlington Case."
Prior to the Civil War, Mary Lee, Robert E. Lee's wife, owned the estate that Arlington National Cemetery rests on today. After the attack on Fort Sumter, however, the Union army seized the Lees' Arlington home and converted it into a national cemetery as well as a refugee camp for runaway slaves.
In 1877 George Washington Custis Lee, Robert and Mary's eldest son, filed suit demanding that the federal government pay the Lees just compensation for Arlington. In response, the Justice Department asserted that sovereign immunity barred Lee and all other private plaintiffs from bringing Fifth Amendment takings cases. The courts, the government claimed, had no jurisdiction to hear such lawsuits.
In a historic ruling, the Supreme Court rejected the government's argument. As the majority opinion explained, "All the officers of the government, from the highest to the lowest, are creatures of the law and are bound to obey it." The ruling made clear that the government was legally obligated by the Fifth Amendment to pay just compensation to the Lees.
The Court's ruling in United States v. Lee affirmed the principle that the rule of law applies equally to ordinary citizens and high government officials. As the justices emphasized, the Constitution is not suspended in wartime and government officials who violate the law are not beyond the reach of justice. Ironically, the case also represented a watershed on the path of sectional reconciliation. By ruling in favor of the Lee family, the justices demonstrated that former Confederates would receive a fair hearing in the federal courts.
Gaughan provides a riveting account of the Civil War's final battle, a struggle whose outcome became a significant step on the path to national reunion.
- Sales Rank: #1643021 in eBooks
- Published on: 2011-05-02
- Released on: 2011-05-02
- Format: Kindle eBook
About the Author
Anthony J. Gaughan is an attorney and historian. He received his Ph.D. in history from the University of Wisconsin-Madison and his J.D. from Harvard Law School. He will begin teaching law at Drake University in August 2011.
Most helpful customer reviews
6 of 6 people found the following review helpful.
An interesting and readable book
By James W. Durney
The official name is Arlington National Cemetery. This is the name used in documents, records and formal correspondence. Arlington, just that one word, is all that needs to be said. Arlington, floods us with vivid images; the Tomb of the Unknowns, JFK's grave, lines of white crosses each with a small American Flag. Since 1861, America buries her honored dead there. To be buried at Arlington is an honor and a privilege reserved for a select few. Arlington celebrated in song and the centerpiece of novels holds a unique place in America's heart.
In 1861, Arlington is a 1,100-acre hillside estate located in Virginia dominating Washington City in the District of Columbia. From the main house you can see the White House, the Washington Monument and the Capitol building. The estate is owned by Mary Custis Lee, wife of Colonel Robert E. Lee, who is on extended leave settling his Father-in-laws estate. Under the terms of the will Mary Custis Lee owns the estate. After her death of Lee's wife, George Washington Custis Lee inherits Arlington. The American Civil War upsets this line of secession when the Lees join the Confederacy and Arlington is occupied by the Federal Government.
War brings out both the best and the worst of human nature; heroics and sacrifice vie with hate revenge. Civil war intensifies the hate and revenge with families and friends splitting apart. Arlington is an example of this, as the Federal Government passed laws to punish rebels by seizing their property for a variety of reasons. Laws were passed and procedures established to facilitate these seizures. During the war, people applauded the government's seizing property. In the years after the war these actions acquired a different perspective. Courts ruled against the government awarding compensation for these seizures. Turning over a farm or paying compensation to the average ex-Confederate is one thing. Returning a national cemetery and a Freeman's village to Robert E. Lee's son is a different story entirely! George Washington Custis Lee understood that he would never own his Grandfather's estate. He had no expectation or desire of exhuming the dead soldiers or evicting the Freeman from their homes. However, he did want compensation and tried to secure it through political channels. The simple truth is that no Republican controlled Congress would pass legislation paying a Lee for anything. Reluctantly, as time was running out, George Washington Custis Lee sued the United States Government.
Post Civil War America is about property. The public demands law respects and protects personal property. If property is lost or damaged, by the government, the owner has the right to compensation. Their is almost no question in the public's mind on this point. While the government is sovereign and not subject to being sued persons occupying the property can be sued. Legal history is difficult and tricky. The author has to make the laws understandable while capturing the difference between then and now. If they fail, the result is an incomprehensible book that cures insomnia. Success opens a door to the past showing application of law and the workings of the judicial system.
This book is a unique look at America in the years after the war. Reconstruction is dead. America in the early stages of Reconciliation, neither side is sure if this is possible or wanted. Republicans still control national politics but Democrats are changeling this. Anthony J. Gaughan succeeded in showing this America through one interesting lawsuit. The book clearly explains the law, court procedures and politics making an interesting, readable book.
2 of 5 people found the following review helpful.
Interesting and relevant
By Benjamin Martin
Anthony Gaughan is able to present the case of United States v. Lee in a compelling manner. The message of Gaughan's work is surprisingly relevant to America and its leader's today. A must read.
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