Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1877-04-12
Published DAILY AND TRIWEEKLY B
E2DGAR SNOwDEN-
THURSDAY EVENING, APRIL IL 1871
ARLINGTON. We understand that Gen.

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ARLINGTON. We understand that Gen. Z.
w. Gusts Lee has instituted 40 action OF eject
mept for the recovery Of the Arlington estate
(ip the county OF Alexandria, aud State oil F'r-
eiaia,) devised to him by his grandfather, u.
W. Parke Custis When the facts which
have induced this action 90 the part OF Gen.
Lee shall become known, we are convinced
that it will not subject him to the slightest CEN
sure by any honest or right-thinking man in the
country.
The facts are, az part, these, as from the
brief nature of this notice it is impossible to
give all the leading points -
Under the several acts Of Congress for the
collection Of direct taxes in the insursectionary
States, the tract of land called "Arllugton,'
containing about eleven hundred acres, was
sold to pay tax of 1922 OF. with which it had
been assessed. The sale was made on the 18th
day of January, 1864, and the property was
bid in to the Government Of tho United States
for the sum of $2G,s00. No portion of the
purchase money aoas paid, as 1t s0ould hare
been an idle ceremony for the Government to
haze paid the amount into its o0n Treasury
The Government Immediately took possession
of the property, and claims to be the owner
thereof By virtue Of its purchase at the tax
sale.
10 the opinion oil eminent cou0sel the act OF
Congress under which this sale was made is
bo
auently, void But, even had the law been
constitutional the sale, on various grounds,
was invalid under decisions Of tho Supreme
Court of the United States in like cases.
Under these decisions all the owners Of real
estate in the city aud county Of Alexandria,
aoho hare sued. haze recouered their property.
Gen. Lse himself has recovered from the aoar
purchaser) the Washington Forest estate.
The Arlington estate was given. by the will
of q. w. Parke Gusts, to Mrs. Mary A. Il.
Lse, This only child) during her natural lite,
and upon her death it was devised to his eldest
grand son. G. ". Gusts Lee.
The mansion was vacated at the commence
meut Of the late civil war, as MIS-. Robert b.
Lee followed the fortunes Of her husband 10
the South.
After peace was declared, it was not doubted
that the government would be willing to pay
reasonable price for the property, aud that it
would scorn to retain eleven hundred acres oil
land 10 full sight Of the National Capitol, seiZ-
ed for the petty sum OF S92.O7.
But IN these expectations the parties entitled
to the property have boon sadly disappointed.
On the 22d January, 1872, the petition OF Mrs.
Mary A. r. Lee was presented to the u, ,.
Senate. asking Congress mot to deliver to her
possession Of Arlington tract Of land, 10 which,
by the will of her father, sue had hte estate
but to. make an appropriation 10 payment OF
the property.
The petition stated the various grounds Oh
which it was supposed the government had no
valid claim, legal or equitable.
Ga behalf of herself and her 500, Il. W. Z.
Lee tthe owner Of the reVerslon.) Mrs. Lee
offered 10 execute all necessary releases and
conveyances to validate the title Of the govern
ment No action, however, could be obtained
in The files of the Senate until tho death OF Mrs.
Lee, which occurred on the 9Th November,
1873.
On the 9th Of April, 1874, the petition
of 6. w. 9. Lee was presented to the United
States Senate, referred TO the Judiciary
Committee and ordered to be printed. 1t pre-.
sents all The facts connected with the sale
OF Arlington, expresses an earnest desire to
ovoid litigation, and a willingness to release to
the U. 8. Government his title to the estate
upon receiving just compensation for the
same.
Regardless of the earnest efforts Of Senator
Johnston Of Virginia, no aclion could be OBJ.
tanned in the Senate on this petition, and it
yet remains pigeon.hoIed in the archives Of that
honorable body.
In order to present the application before
Congress in q form which it was supposed
would satisfy the most determined opponent of
the measure, Senator Johnston offered bill
to the Senate giving jurisdiction to the Court
of Claims to decide on the title of Arlington,
and likewise to determine the value Of the
property, with the right Of appeal to the Su.
preme Court Of the United States.
Thus guarded, in submitting the matter to
two courts Of tho United States it was sup
posed that the bill would pass without diff
Guilty. This expectation again proved delusive
The bill shared no better fate than the petit.
TONS and remains dead letter 10 the Senate
Failing to meet or recognize the offers of Mrs.
Lee and Gen. Lee to receive fair compensa
ton for Arlington, the amount to be ascer-
tanned by its owe courts. the Government of
the United States seems determined 10 hold by,
mere force this estate, 10 violation Of right,