Title: The last battle of the Civil War : United States versus Lee, 1861-1883 /
Authors: Gaughan, Anthony J., 1970-
Publisher: Louisiana State University Press,
Year: 2011
Subjects: Lee, George Washington Custis, Trials, litigation, etc.; Arlington National Cemetery (Arlington, Va.) History.; Tax-sales Virginia Arlington History.; Possessory actions Washington (D.C.) History.; Tax-sales United States History.; Arlington National Cemetery (Arlington, Va.) History.; United States Trials, litigation, etc.
Abstract: "This book tells the story of the Arlington case. Although the case's origins arose during the Civil War, the legal issues at stake concerned neither slavery or secession. The fundamental question posed by the Arlington case was simple: do the courts have jurisdiction over government officials who violate the law, or are those officials beyond the reach of justice? The answer to that question would go far in determining the Civil War's legal legacy for the nation ... In 1877, after his parents died, [George Washington Custis Lee] ... brought suit to vindicate the family's claim to the [Arlington] estate. [His] lawsuit alleged that the government's officers has violated the Fifth Amendment's due process clause by claiming title to Arlington on the basis of an invalid tax sale ... He hoped that a victory in the courts would finally persuade Congress to pay compensation to him in accordance with the government's constitutional obligations"--Introduction.
Contents: Introduction : creatures of the law -- A party in interest -- A shocking and abhorrent proposition -- The privilege of paying by the hands of another -- Ready again to meet the traitorous foe -- The natural feebleness of the judiciary -- A reproach to American jurisprudence -- We are all Union men now -- No man is above the law -- The passions of the war in a tribunal of justice.