Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-11-25

The eIectment cases of the United States,
plaintiff In error, agt- George Washington
Gusts Lee defendant, and Frederick Kaufman
superintendent OF Arlington National Gem
etery) and r. p. Strong Captain U. S. Signal
Corps. defendants i'm error. involving the title
to Arlington. including Fort Whippie, having
been argued some weeks ago i'm the u. s.
Supreme Court IFS early decision Is expected.
The action originally brought in Virginia
court against Kaufman and Strong and
15J others to tine property.
but before trial was removed to the circuit
court of the United States for the eastern dis
trict of Virginia After such removal and be-
fore the trial. the Attorney General of the
United States filed suggestion. that the prop
erty In question was occupied by the United
States for governmental purposes was being
used by them IS q cemetery and as a fortiica-
tion,and was claimed b. them "a their property.
unter title OF record which was a CONVEYANCE
In pursuance of a sale made under the act of
1867, and the amendments thereto for the col
lection of direct taxes and for other PURPOSES
which conveyance was set forth in full i'm such
suggestion: demurrer was filed to such sugreS-
lion. and upon argument this demurrer was
Oyerruled.
TIE TITLE OF THE UNITED STATES.
The proceedings under which the CONVEYANCE
relied upon by the United States was made
were under acts of Congress of August 5th
1861. Imposing a direct tax of go 600 OO0 and
June 1th 1852 for the collection of direct taxes
In the nsurrect;Onary districts, which provided
Tor the appointment of board of three tax
commissioners to execute the provisions of the
law, and declared the principles upon which the
different parcels Of property should he assessed
Dy such commissioners. making the tax and
penalty of 80 per cent a lien upon the property
and providing that the OwIr.r of lands could
discharge such lien by payment Of the tax
within sixty days after the amount should be
30 fixed by the said commissioners.
TIE HISTORY OF THE PROPERTY
This property, consisting Of leo acres, was
owned before the late war by Mrs Mary A. r.
Lee, the wife of Gen. Robert f. Lee who COM
manded the confederate forces. it having been
wllied TO her by her father, the late George
washington Parke Custis the adopted son of
the first President of the United States. The
mansion was erected i'm 1904. or rather il was
then commenced: but 1t was not completely
finished till after the war of 1872 Excellent
taste was shown in the selection of the site its
location being on the brow of hill some two
hundred feet above the Potomac and distant
perhaps half a mile west of the river The view
from the portico is a charming one. The man
SION Is built on the plans of the Paestum near
Naples and has frontage of 40 feet
with magnificent pOIticO, 60 feet long and p
by eight DOric columns (six on the front five
feet in diameter. of brick, succeed. Through
the center of the mansion runs "A large hail. and
on either side are two spacious rooms, with
lofty ceilings In the wings are conveniently |
arranged suites of rooms. To the west of the |
mansion were the OuthOuses. of a style in keep |
Ing with that of the mansion. In ante-bellum |
days the proprietor. Mr.. Custis.) even when old
age had laid its heavy hand upon him. was wont !
To give his personal supervision to the manage !
ment of the place. He entertained i'm a princely |
manner those who called at the house.
THE ORIGINAL GRANT
The estate has passed through but few hands
since the time 10, the poor Indian" parted
With it, 1t was included in grant of 5000 acres
fronting the Potomac. extending from Hunting |
creek to the Little Falls. made by Sir William |
Berkeley, then governor of Virginia to Robert |
Howsen, in October, 1669-the consideration
being the transportation of number of persons |
70 the colonies. In the same year HOwsen |
Tor and in consideration of six hogsheads of
tobacco, conveyed these lands to John Alex
ander. the apcestOr of Columbus Alexander and
others OF that name in the District
THE ALExANDERs
VINO came over from England were John,
Gerard and Robert, and in the early part of the
last century their descendants were quite
numerous The paternal estate, afterwards
Gen. Hunters place., at FOur-Mile run. was
called Abingdon. Alexandria was then known
as Belle Haven and in compliment to the
family the name was changed to Alexandria A
portion OF this grant-a farm of about $50
acres adjoining Arlington on the sOnth-is i'm
possession of Mr. Columbus Alexander to-day
having never passed out of the family. The
part now known as ArlingtOn-the subject of
the suits came into the possession of John
Parke Gusts on Christmas day, IT'S by virtue
OF the following agreements:
is this day agreed between Ger Alexander OF Fair
5sh e9nn,J OF the one part and Robert Adams. for
s WIN convey 70 the ssia John Parke Gusts
North Six n
tent agreeabe to plat and made lately
for the Of eleven thousand pounds currency
Tor Of which the o. aose @
bound themselves is one thousand pounds.
v,..o.. ROBERT ADAMS.
FAIRFAX, Dec 25 177s.
Then received Of John Parke Gusts the eleven
e .n vpa in fun
mac nser. and in the county Of Fairfax.
This John Parke Gusts was the great-grand
father OF the plaintiff in these cases, and was
one of WashingtOn's aides during the reyolu-
ton. He died at the White House. on the Pa |
munkey river (having contracted the camp fever |
at iorktown), November 5th. 17S1 leaving a |
widow and two small children, Washington |
having at his death-bcd promised to adopt the |
children subsequently Washington married |
the widow. and the children grew Nm TO ma |
turity at Mt. Vernon. After the death of Wash |
ington. in 1879. and Mrs Washington In Nav. |
1901, Nr. Gusts. who was the Youngest child |
having just arrived at manhood remained at !
Mt. Vernon long enough to settle the estate |
and
REMOVED TO ARLINGTON
In 1904. Mr.. Gusts married Hiss Mary A. Fitz-
hugh, who dispensed the Inequalities of the
house for nearly fifty years. her death taking
place in April. 1858. and Mr. Gusts died Octo-
Der 10th. 1857, aged IS years. Mrs. Lee was the
only issue of this marriage. and the will of Mr.
Gusts, bearing the date of March &c 1855. be-
queathed to his daughter, Mary Ann Randolph
Lee. the Arlington house estate, containing
eleven hundred acres more or less, and other
property. and provides:
ION the death Of my daughter Mary Ann Randolph
Lee. s the property left to her durin. the term Of her
natural iie. give and beGueath eldest Grandson
George Washington Gusts Lee, him and his h.irs
forever, he said eldest grandson taking my name
and arms. ' ~
My daughter, Mary 4. r; Lee. has the privilege by
tis viii of devisn2 family Plate among my grand
children; but the Mount Vernon altogether and every