Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1878-03-22
The Arlington Estate.

For nearly fourteen years the United States
Government has held possession of the Airing
ton estate, on the Virginia side of the Potomac,
opposite Washingto on. The property belonged
10 the wife of General Robert r. Lee and was
inherited by her from her father, George
Washington Parke Gusts. When the war
broke out Mrs Lee left her home and retired
within The Confederate lines. One of The first
points occupied on Virginia soil by the Union
troops was Arlington Heights.'' The pos
session acquired by the Union troops on the
night Of the Odd of May, 1861, has been maiu-
tanned ever since. For three years the Govern
men had no title TO the property save that ac-
| quired by military occupation. 10 May, 1864.
the property was sold 10 satisfy certain taxes
levied under an act of Congress upon persons
residing in ''insurrectionary districts" and
was bid in for the Government. The aggregate
sum claimed to be due on account of taxes at
the time Of the sale WAS less than a hundred
dollars. This tax title is the frail tenure under
which the Government has held an estate of
more than twelve hundred acres from the colse
of the war to the present time.
Fora long time there was an impression
abroad in the North that the Arlington estate
belonged to General Lee, and that il had been
conhscaied on account Of his participation in
the REBELLION. In point OF fact, however, Gen.
Lee did not own the property, and no proceed
| ing against him could have affected the title
which vested n his wife. But even if the title
hnd been In him The most that could have been
done would have been 10 sell his life estate.
The Constitution expressedlv provides that mo
aiiainer of treason shall work corruption OF
blood or forfeiture except during the life of the
person attained The Government, there
fore, never attempted 10 fortify its tenure of
| the Arlington estate by trying General Lee
| for treason.
AS is we'll known, one of our great ma ional
cemeteries in which many thousands of de-
ceased Union soldiers are buried, is located on
the Arlington estate. We believe only about
twenty acres are actually occupied by the
graves but we think that the plat Of the GEM
eiery takes in hu ndred acres or more. Strange
as il may seem, the government has absolutely
no title TO this precious ground in which the
ashes Of it's fallen braves repose, save such as
was derived from the tax sale in 1864. Judge
Hughes, in an opinion delivered in the United
Stairs Circuit Court in Richmond on Friday,
informs us that the Supreme Court Of the United
States has already decided that these tax titles
are worthless. General R. K. Lee and bis vile
are both dead, and whatever estate they had in
the Arlington farm is vested in their heirs at
law. That part Of the farm not occupied by
the cemetery is tenanted by a number Of people
who are "squattcrs, and are presumed TO
have no right Of possession, whether derived
from the Government or any other source
Against these tenants Gusts Lee Ia son OF Gen
r. L. Lee) brought q suit in ejectmsnt year
j or two ago in the Alexandria County Court.
At the suggestion OF the Government the case
was removed to the United States Circnit Court
where il is now pending. The Attorney Cen
eral interposed plea, which in effect was a
prayer, for the dismissal Of the suit on the
ground that the United States Government was
the real defendant (although not of record
and could not be sued by a subject. This plea
was overruled, and the case must now be
heard on its merits. We have no expectation
that The validity of the tax-iitle will he main
tanned, aud IL seems TO us that IL would be
highly proper for the Government TO purchase
from the Lee heirs the part OF tho Arlington
estate on which the national cemetery is locat.
ed and TO allow them to take peacable posses.
sion Of the remainder on the condition that nc
claim shall ever be presented for rent or dam.
ages growing ont Of the seventeen years oc-
cupation. -Bdlio. American.
The Democrats Of New Hampshire have dem
onsiraied the healthy growth OF sound demo.
cratic ideas among The people, and have so faI
reduced The Republican majority as 10 prove
that The State is theirs with proper effort wher
larger issues shall again stray the united