The Last Battle of the Civil War

Shortly after the outbreak of the Civil War, the US Army seized the estate of Mary Lee, wife of Robert E. Lee, situated on high ground overlooking Washington, DC, on land that would later become Arlington National Cemetery. The government would a few years later claim title to the land on the grounds that Lee had not paid federal property tax, in spite of the fact that relatives had offered to pay it for her (the tax commissioners insisted on payment in person by the wife of the Confederate general herself, a requirement not found in statute). In 1877, after the death of Robert E. and Mary Lee, their son, George Washington Custis Lee, brought suit to claim formal legal recognition of the estate in hopes of persuading Congress to pay compensation. The case eventually made it to the Supreme Court because the government, rather than contest the title issue, sought to claim that the principle of sovereign immunity extended to the War Department officials occupying the land and therefore Lee had no standing to sue under the Fifth Amendment's takings clause. In this work, attorney and historian Guaghan narrates the case and the issues involved as Lee successfully pursued his claim to Arlington's title. Annotation c2011 Book News, Inc., Portland, OR (booknews.com)

Anthony J. Gaughan is an attorney and historian. He received his Ph.D. in history fromthe University of Wisconsin--Madison and his J.D. from Harvard Law School.