National Republican., 1882-12-06
THEY MAY REST IN PEACE.
No Danger That the Arlington Dead Will be
Disturbed.
The Nations Title viii Not Long Re-
main in Private Hands.
How the Government Became Possessed Of the
Property.
Measures Taken by the Heirs to Recover
Their Lost Land.


The decision of the United States Supreme
Court in reference to the Arlington estate,
which was published in THE REPUBLICAN
yesterday, is not only of interest to the parties
to tho suit, but it establishes a precedent in
reference to lands acquired by the government
by purchase at tax sale which is far reaching
and will probably be taken advantage of in
many Of the States which seeded in1S61. In
the matter of Arlington the whole country has
a direct and personal interest, for among the
thousands who lie silent beneath the green
sward of that beautiful spot, or are
clustered together beneath the sim
pie monument which marks the grave
of the two thousand unknown dead, are
the brothers and fathers, the husbands and
lovers of some in every State and Territory
in the land. This beautiful city of the dead,
which has been laid out by the government
and so carefully improved at great cost, to
which strangers in the city make pilgrimage
that they may see how the government cares
for those who fell in defense of the Nation, is
now declared to be the property of the son of
the man who led the armies Of the rebellion.
The property known as
ARLINGTON
embraces about LOO acres, and including not
only the National Cemetery, but Fort Whipple
and the adjacent grounds and the Freedmen's
Village. This property was bequeathed to
Mrs. Robert L. Lee during her lifetime, and at
her death to go to Mr.. George Washington
Parke Custis Lee, her son. When the State of
Virginia seeded and Gen. Lee cast his for
tunes with the confederacy, the government
took possession of Arlington, and the old man
sion was used as the headquarters of the gen.
eral in command of the defenses of the Capt.
tai. 1t has been generally supposed that the
Arlington estate was contiscatcd by the gov
ernment on account of the t-eason of Gen.
Lee, but this is not fact. The property was
not owned by the general, but by Mrs. Lee,
and no sequestration could take place because
she could not, in tie eye of the law, be guilty
of treason. On August 5, 1861, an act was
passed by Congress- imposing
DIRECT TAX
of twenty millions of dollars, and when it
was found that the sums apportioned to the
insurrectionary States could not be collected
by the means provided in that act a special
act was passed June z, 1869, providing for the
appointment of board of three tax commits
sioners to execute the provisions of the law,
and declaring the principles upon which the
property should be assessed by such cemmis-
sioncrs, making the tax and penalty of 30
per cent. a lien upon the property and pro-
viding further that the owner of lands could
discharge such lien by a payment of the tax
within sixty days after tho amount
should be so fixed by the said commits
sionery. Section of this act provided
that in default of the payment of the
tax the land should be forfeited to the United
Statcs and, upon sale, should vest to the United
States, or in the purchasers at such sale, in
fee simple, free and discharged from all prior
liens, membranes, right, title, and dclaim
whatsoever There was also u provision.
which was amended by the act of February 9
1868. that if prior to the sale the owner did
not
APPEAR IN PERSON
before the commissioners and pay the amount
Of tax with 10 per cent. interest and the cost
of advertising, or requested the property tC
be struck off to n purchaser for sum less than
two. thirds of the assessed value, then the com
misstoners should bid off the property for the
United States, &C., and also that at such sale
any tracts, parcels, or lots of land which may
be selected under the direction of the Presi
dent for government use for war, military
naval revenue, charitable educational ol
police purposes may, ut said sale, be bid in by
said commissioners under the direction of tht
President for and struck off to the United
States." The commissioners appointed by
President Lincoln to collect the tax in
the insu1rectionary districts of the State
of Virginia were John HawXhurst, Gillet
Il. Watson, and William l. Boreman, who
on September Is, 1868, fixed the tax upor
the Arlington property at $92.07, and, as nc
payment was made, the property was duly ad
vertised, and then, under instructions of the
President, on January II, 1864, it was struck
of GO the United States for the sum of S26, 800
The certificate of sale is dated September %
1895. and is signed by Messrs. Hawxhurst and
Watson and A. Lawrence Foster, who was
81, tAI ola nfM tl,g
latters resignation, January %, 1864. Before
President Lincoln decided to give these in
stSuctons in regard to Arlington to the taA
commissioners he consulted with Hon. L. NJ
Stanton, Secretary of War, and Hon. S. p
Chase. then Secretary of the Treasury and
subsequently Chief-Justice of the United
States. both of whom were eminent legal au
thcrities ana who iully agreed with the Pres
ident as to the construction of the law of IS:
and the amendment of 90 above referred to
and until this decision of the Supreme Cour
the government has been believed to be in alb
eolute possession and ownership of the prop
erty as acquired under those acts. |'
THE HISTORY OF THE PROCEEDINGS
on tho part of Mr. George W. p. c. Lee thu
plaintiff, is somewhat interesting. He com
menced by a suit of ejectment in the county
court of Alexandria County, Virginia, in 1877
against Frederick Kaufman, the superintend
ent of Arlington Cemetery, and r. p. Strong
in command of Fort Whipple, and about TIVE
hundred Others freedmen who live in thu
village near the fort. The case was trans
ferred to the United States circuit court
~nere the then Attorney-Goncral Hon
charles Devens, made suggestion
that the proceedings be dismissed
because the property was held and had beeI
so held for over ten years by the United
States through its officers and agents, VIII,
were in possession thereof as public property
of the United States for public uses in tht
exercise of their sovereign and constitutions
powers as a military station aud as a nationa
cemetery, established for the burial of de
ceased soldiers and sailors, and known ant
designated as the Arlington Cemetery" ant
in accordance with the certificate ofsale. Thi
suggestion was not acted upon and the cas-
was tried, Judge Robertson and Messrs Beach
Francis Smith, and Lee Page being the coun
sci for Mr.. Lee, and tho government being rep
resented by Judge w. Willoughby. Judg
Hughes delivered the opinion, sustaining tn
claim of the plaintiff, and the case then cam,
to the Supreme Court, where it was argued TO
the plaintiff by Judge Shipman, of New York
Judge Willoughby still representing the gov
ernment, As has already been shown the en-
tire property contains about ], 100 acres, an
at the time of the secession of Virginia
ITS VALUE
was probably about 100000. The improve
ments made by the government have great,
enhanced its value, and Mr.. Lee now claim
it is worth 100000; at least that is what h
is willing to sell it to the government for. |
Is not likely that any such price will be paid
but that provision will be made for n jury q
condemnation, who will assess the amount I
be paid. The only ones to be benefited b.
the decision of Monday are Mr. George w, !
Z. Lee and his family. Mr.. Lee owned othe