Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1878-04-04
The Arlington Estate.

For nearly fourteen years the United
States Government has held possession
of the Arlington estate, on the Vir-
ginia side of the Potomac, opposite
Washington. The property belonged
to the wife of Gen. Robert E. Lee, and
was inherited by her from her father,
George Washington Parke Custus.
When the war broke out Mrs. Lee left
her home and retired within the Con-
federate lines. One of the first points
occupied on Virginia soil by the Union
troops was darlington Heights" The
possession acquired by the Union
troops on the night of the 23d of May,
1861, has been maintained ever since.
For three years the Government had
no title to the property save that ac-
quired by military occupation. In
May, 1864, the property was sold to
satisfy certain taxes levied under an
act of Congress upon persons residing
in "insurrectiOnary DISTRICTS" and was
bid in for the Government. The ag-
gregate sum claimed to be due on ac-
count 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
the close of the war to the present time.
For long time there was an impress
sion abroad in the North that the Ar
lington estate belonged to Gen. Lee,
and that it had teen cOnfiscated on ac-
count of his participation in the rebel
lion. In point of fact, however, Gen.
Lee did not own the property, and no
proceeding against him could have af-
fected the title, which vested in his
wife. But even if the title had been
in him the most that could have been
done would have been to sell his life
estate. The Constitution expressly
provides that mo attainder of treason
shall work corruption Of blood or for
feiture except during the. life of the
the person attainted." The Govern
ment, therefore, never attempted to
fOrtify its tenure of the Arlington eS-
tate by trying G, u. Lee for treason.
AS ia well known, one of our great
national cemeteries, in which many
thousands or deceased 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 cemetery takes in hundred acres
or more. Strange as it may seem, the
Government has absolutely no title to
this precious ground in which the ash
es of its fallen soldiers Tepose, save
such rs was derived from the tax sale
in 1864. Judge Hughes, in an opinion
delivered in the United States Circuit
Court ON Friday informs usthat the Su-
preme Court of the United States has
already decided that these tax titles
are worthless. Gen. r. E. Lee and his
wife are both dead and whatever estate
they had in the Arlington farm vested
farm not occupied by the cemetery is
tenanted by number of people who are
'squatters,' and are presumed to have
no right of possession, whether derived
from the Government or any other
source. Against these tenants Custis
Lee "a son of Gen. Robert E. Leg
brought suit in ejectment year or
two ago in the Alexandria County
Court. At the suggestion of the Gov
ernment the case was removed to the
United States Court, where il is now
pending. The Attorney General in
terposed 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
overruIed, and the case must now be
heard on its merits. We have no ex-
pectation that the validity of the tax
title will be maintained, and it seems
to US that it would be highly proper
for the Government to purchase from
the Lee heirs the part of the Airing.
ton estat tie on which the national cem-
etery is located, and to allow them to
take peaceable possession of the re-
mainder on the condition that no claim
shall ever be presented for rent or
damages growing out OF the seventeen
years occupation.