The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1875-04-22
The Arlington Estate.

A correspondent of the New York World
gives an interesting account of the Arlington
estate, across the Potomac from Washington,
and shows how the government got possession
of it by illegal means:
In 1857 Mr.. George Washington Park Custis
died at Arlington. Mr.. Custis was the favor
ite grandchild of Mrs Martha Washington, a
scion of what is strictly entitled to be called
one of the first families of Virginia, and him
self an eleue of the father of his country, who,
never the father of family, was remarkably
fond of children, perhaps because it was per-
mitted him to unbend sometimes from his aw'
full dignity in their presence. These various
honors were somewhat an incumbrance to MIR.
Custis, it is probable. At any rate, he did no
more in life than attempt, with more or less
success to sustain them keeping up labori:
Gus and garrulous hospitality at Arlington, and
painting some immense historical pictures,
which not even the allembracing charity of
Mr.. Benson j. Losing can redeem from the
suspicion of hideousness. 1t is probable that
Mr.. Custis never sought greatness, but if he
had done so he would have been debarred by a
stroke of fortune similar to that of the insig-
ni6cant but witty Mendelssohn, who was the
son of one great Mendelssohn, aud the father
of still greater Mendelssohn. Mr.. G. W. ?.
Custis was sandwiched between George Wash
ington and Robert Edmund Lee, and his posi-
ton in history is necessarily that of very
small conjunction between two very large sub
stantives
Be this as it may, Mr.. Custis had quite a
firm sense of his own Importance, and natu-
raj desire to transmit the memory OF it to fu-
ture ages At the end of his blameess life he
bequeathed his darlington estate, in the county
&c A | n
"dearly beloved daughter and only child, Mary
Ann Randolph Lee, during the term of her
natural life" Mary Ann Randolph Lee was
the wife of Robert Edmund Lee. Custis' will
further provided that, ION tue death of my
daughter, Mary Ann Randolph Lee, all the
property left to her during the term of her
natural life I give and bequeath to my eldest
grandson, George Washington Custis Lee, to
him and his heirs forever, he, my said eldest
grandson, taking my name and arms" No
matter whether this gave Mrs. Lees son
vested or contingent right, it is quite apparent
that the intention of his venerable and estima-
BILE grandfather was to transmit, as far as he
could, to his descendants for several genera
tons the possession of an estate which was
much more valuable in the eyes of its histori-
cal associations than for its returns in money.
AS Mr.. Custis died in 1857, it is scarcely posi-
BILE that even member of the Philadelphia
Union League would endeavor to attach the
suspicion of "dsloyalty" to his skirts.
Mrs. NJ. A. R. Lee, femme couert, thus had
life estate in this property in August, 1861,
when Congress passed the bill imposing di-
rect tax upon insurrectionary districts. Under
that act Virginia was taxed S937 ,522, and the
tax levied upon the Arlington estate was set at
S92O7. Further acts of Congress and regula-
tions of the tax commissioners under these acts
were promulgated, and finally, in 1864, the
Arlington estate, long since in possession of
the government was sold for this tax bill of
SsS o.. by order of President Lincoln, bought
in for the government for "war, military, char
liable, and educational purposes under the
act of February 6, 1862 which, however, was
never paid nor even rendered to any person.
Mrs. Lee at the time of sale, as also at the
time of advertisement, was inside the Confed-
crate lines, where her duty as femme cocert
constrained her to be. Nevertheless, when the
Arlington property was offered for sale in de-
fault Of taxes, tender of the amount due was
made by Mrs. Lees connections in Baltimore
and Washington. This tender the commits
soners refused to accept having ruled that 70
taxes under the act of August S, 1864, could
be paid unless the tender was made by the
immediate owner of the property in person.
So, that, under this preposterous ruling, if
property belonging to an infant three weeks
old was taxed, he could not appear by guardi
an, but must be fetched up mewling and puking
in his nurses arms, with the taxi bill and the
money grasped in his chubby fist.
In this way the government got possession of
this estate, worth 100000. 1t has held pos
session of it ever since About two hundred
acres of the estate has been converted into
national cemetery the remainder has been
leased to freedmen or otherwise used by the
government
1t is a matter of record that the United
States courts have set aside every sale of prop.
erty and declared every title to be worthless,
which was acquired under the rulings of these
Virginia tax commissioners. 1t is certain, and
has been so decided by the Supreme Court,
that no law is operative because no law is
constitutional which requires the entire tract
to be sold for taxes when it can be divided and
the taxes and the charges realized by the sale
of part of the tract.
1t is certain, and matter of record, that no
tax title can be made valid where the proof is
wanting that the amount OF tax due was ten
dered and refused to be received by the COM
missioners because not rendered by the owner
in person.
IL Is Cei IudI any ouOb 40 oAiio
makes all sales under it null and void.
1t is certain that the United States cannot
acquire title to land in any State and jurisdic-
ton over it without first obtaining the consent
of that State.
1t is certain that, even if it were possible for
the United States to do all these impossible,
because unconstitutional, things, the only
thing which the United States could acquire
title to, because the only thing vendible, was
Mrs Mary Ann Randolph Lees life estate in
Arlington. But the estate expired with Mrs;
Lees death in November, 1873, and the United
States is now, without law, decency or common
sense, Withholding from MIR. e. W. Custls Lee
what was once his remainder of reversion, but
is now his absolute property for himself and
heirs in the estate of his forefathers.
Mr.. Lee does not wish to regain the property,
but to exchange for quit-c!aim title reason
able sum representing its value at the time of
seizure and this the Judiciary Committee of
g., baro cd hoc