The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1877-04-14
ANOTHER CHANCE FOR THE NORTH
ERN METHODISTS.
General Custis Lee Sues for Arlington.
rr,o,, .he AIo,apdr,a Gazette. 12th.1


We understand that General Il. w. Gus
It's Lee has instituted an action OF electmenC
for the recovery OF the Arlington estate I'm
The county of Alexandria and State of Vir-
pinia). devised to him by his grandfather,
G. w. Parke Custis. When the facts which
have induced this action on the part OF
General Lee shall become known, we are
convinced that it will not subject him 70
the slightest censure by any honest or right
thinking man in the country.
The facts are, in 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 1or the
collection Of direct taxes in the insurrec-
tionary States the tract OF land called "Ar-
lington," containing about eleven hundred
acres, was sold to pay tax Of S92.0l, 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 the United States for the sum OF $500.
No portion of the purchaSe-money was paid,
as it would have been an idle ceremony for
the Government to have paid the amount
into its own 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.
In the opinion OF eminent counsel the act
of Congress under which this sale was made
is utterly unconstitutional, and the sale
consequently void. But even had the law
been constitutional, the sale, on various
grounds, was invalid under decisions OF the
Supreme Court of the United States in like
cases.
Under these decisions all the owners Of
real estate in the city and county OF Alex
andria ,pho hare sued hare recovered their
property. General Lee himself has re-
covered (from the Wor purchaser) the Wash
ington Forest estate.
The Arlington estate was given by the
will OF G.. w. Parke Custis to Mrs. Mary
A. r. Lee, his only child, during her natural
life, and upon her death it was devised to
his eldest grandson, G. W. Custls Lee.
The mansion was vacated at the COM
mencement of the late civil war, as Mrs.
Robert e. Lee followed the fortunes Of her
husband in the South. e. ,.
After peace was declared it was not
doubted that the Government would be
willing to pay q reasonable price for the
property, and that it would scorn to retain
eleven hundred acres OF land in full sight
of the national capitol seized FOR the petty
sum OF S92.07. ...,.
But in these expectations the parties en-
titled to the property have been sadly dis
appointcd. On the 22d OF January, 1872,
the petition of Mrs. Mary A. r. Lee was
presented to the United States Senate, ask
ing Congress not to deliver to her posses
sion Of the Arlington tract OF land lin
which, by the will Of her father, she had a
life estate), but to make an appropriation in
payment OF the property.
The petition stated the various grounds
on which it was supposed the Government
had no valid claim, legal or equitable
On behalf of herself and her son, G. W.
c. Lee (the owner Of the reversionl, Mrs.
Lee offered to execute all necessary releases
and conyeyances to validate the title OF the
Government. No action, however, could
be obtained on this petition, and it was per-
mitted to 1inger in the files OF the Senate
unit! the death OF Mrs. Lee, which occurred
on the 5th of November, 1873.
On the 9th Of April, 1874, the petition OF
G. w. G. Lee was presented to the United
States Senate, referred to the Judiciary
Committee, and ordered to be printed. 1t
presents all the facts connected with the
sale of Arlington, expresses an earnest de-
sire to auoid litigation, and Willingness to
release to the United States Government his
title to the estate upon receiving just COM
pensation for the same. 49,. ..s.l:.-.
Regardless OF the earnest efforts OF Sena-
tor Johnston, of Virginia, no action could
be obtained in the Senate on this petition, and
if vet remains pigeon-holed in the archives
of that honorable body.
In order to present the application before
Congress in form which it was supposed
would satisfy the most determined oppo-
nent of the measure, Senator Johnston
offered bill to the Senate giving lurlsdic-
ton to the Court Of Claims to decide on the
title OF Arlington, and likewise to deter
mine the value Of the property, with the
right OF appeal to the supreme Court OF the
United States.
Thus guarded, in submitting the matter
to two courts OF the United States 1t was
that the bill would pass without
difficulty. This expectation again proved
delusiye. The bill shared no better fate
than the petitions, and remains dead let
fer in the Senate. Failing to meet or re-
cognize the offers Of Mrs. Lee and General
Lee to receive fair compensation Tor
Arlington, the amount to be ascertalned by
it's own courts. the Government OF the
United States seems determined to hold by
mere force this estate, in violation OF right,
Justice, and legal precedent.
In the face, then, OF the decisions OF the
Supreme Court OF the United States, and
denied for years the relief to which the
humblest citizen in the land is entitled, the
owner OF Arlington has been forced to in.
stitute suit fordts recovery. -
1t is alone by pursuing this course that
he can protect himself from enormous loss
from the unlawful seizure and
wrongful holding Of the same. s
Notice OF the suit was served to-day upon
the officers in charge OF Arlington and Fort
Whipple, and upon the other occupants OF
the estate. a&sa
AS this suit will be liable to great critl-
cism, and possible, misrepresentation, we.
publish the above statement OF the facts that
induced the commencement OF the legal