When the family returned that fall it was with Mr. Custis in tow as well as the two girls that had been left behind the year before. Mr. Custis returned home after several months of missing his beloved Arlington.
Lee Had much more time for studies and family during this time. He made it a point to know all the cadets by name and their placement in their classes. He was quite unfortunate that he was superintendent when his nephew was caught off campus and returning from the notorious Benny Haven's Tavern. Lee recommended court-martial so as to not show favoritism to his mischievous Nephew, Fitzhugh Lee, Even though he was the son of his closest brother Sydney Smith Lee.
March of 1855 the congress created two new regiments of Cavalry. Lee was to be Lt. Colonel of the 2nd US Cavalry in Texas. This meant leaving his family behind in Virginia. Lee did not like the change from Engineering corps to line officer. But he was as far as he could go in the engineering corps, so off he went to Texas. Most of his time in the 2nd cavalry was spent being assigned to duty on court-martials. On October 10, 1857 Lee's father-in-law died. Lee returned home to direct the affairs of the estate since there was no male at home to do so. His eldest was assigned to a fort in California, his second son was now commissioned in the army and was out west somewhere, and the youngest boy was too young to deal with these matters.
Lee returned home November 11, 1857 he was shocked at his wife's condition. She was practically an invalid. She got around on crutches or on really bad days a wheel chair and Mr. Custis had left the estate in poor repair. He had left Arlington House to his eldest grandson on the demise of his mother. He also had two other plantations which he deeded to his other two grandsons. To his four granddaughters he had intended to leave $10,000 each, which there was no money to give to the girls. Lee set forth to making Arlington Self sustaining so that his daughters would eventually get their inheritance. During this time even though he was on leave he was still called to duty for court-martials.
On October 17,1859 Lee was called on by JEB Stuart to report to the war department immediately. He decided since they said immediately, he would not change and therefore arrived at the war department in civilian attire. He was then sent to Harper's Ferry to deal with the insurrection of John Brown. JEB Stuart had volunteered to be his aide. He meet up with a detachment of Marines from the Washington Navy yard. Lee sent a note by way of Stuart and when the terms were refused Stuart waved his hat signaling the Marines to break down the door and capture the insurrectionists.
His eldest son soon received a transfer to Washington which enabled Lee to return to his Cavalry. Though he could not leave for several months do to the fact that he had to testify at the trail of John Brown. On February 10, 1860 Lee left for Texas to rejoin his regiment. He returned home to Arlington March 1,1861. He received a promotion to full colonel and later was offered the command of the Federal Army. Lee turned down the offer. On April 20, 1861 he resigned his commission determined to remain out of the struggle as long as Virginia did. The day that Virginia seceded the house at Arlington was unusually quiet. The family mourned as if a family member had died.
Shortly after Virginia seceded Lee was offered the command of the Virginia Military. He saw to it that they were trained, clothed and equipped as best as he could. Weapons were scarce as was ammunition. Considering that the South had little to no factories Lee did his best to outfit as many as he could.
Shortly there after Lee's Virginia Forces were turned over to the Confederate government. He was a General without an Army. He became a military advisor to President Davis. He had a failed campaign in the fall of 1861 in Western Virginia. The failure was not entirely his fought though Lee took the blame for it. Shortly after that campaign he was sent to South Carolina and Georgia to strengthen their coastal defenses as best he could.
In early 1862 President Davis sent for him to return to Richmond. Lee served again as an Advisor to the president. He tried to get good laws passed that would strengthen the army. The congress usually passed the mutilated law so it wouldn't help anybody. Due to the wounding of General Joseph Johnston at seven pines, General Lee took command of the Army of Northern Virginia on June 1, 1862. He would remain in command until he surrendered his army at Appomattox court house on April 9, 1865.
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