National Republican., 1883-02-16
FAME,s ETERNAL CAMP"

Report OF the Senate Committee ON the
Title 60 tho Arlington Cemetery--A Rec-
onnmendation That the oher OF MIR. Lee
he Accepted.
In accordance with instruction by resolu-
ii on of the senate on the sixth of December,
the senate judiciary committee has investi-
gated tho question of the title to the National
Soldiers cemetery and the site of Fort Myer,
on the Arlington estate, and submitted its re-
port through Mr. Edmunds. The report says:
" The committee finds that prior TO the year
1864 under the will of George w. Parke Gus
tbs, who died in 1851, the apparent and proba-
bly, tho legal title TO the Arlington estate, con-
tanning about l,l00 acres, was in Mrs. Mary
Ann Randolph Lee, then tho wife of
Gen. Robert Il. Lee, for life, with re-
ton Custis Lee in fec conditioned upon
his taking the name and arms of the testator;
that in the military operations consequent
upon the rebellion the forces of the United
States in 1861 took possession of the property
as within their military lines and as the inn
mediate scene of military operations against
the enemy, and so continued in possession for
such purposes after the course of events had
carried over military occupation far to the
southwark that under the direct tax act OF
June z, 1852, and the amendment thereof of
Feb. 6, 1863 q tax was assessed against the
property, which was not paid, and the matter
approaching sale for taxes the pres
idcnt Of the United States pursuant to
the authority of law, directed that the
property should he bid in at the tax sale
for the United States, for government use for
war, military, charitable, and educational
purposes which was accordingly done, and
the United States thereupon continued in pos
session of the property thus devoted to public
uses, and proceeded to use o considerable part
OF the same as n cemetery for deceased SOL
diers of the United States and another con-
siderable part of the same for u fort, and the
works connected Herewith, and another and
smaller part of the same for the occupation
of cOlOred refugees, which occupation for these
public uses has been continued from that time
to this. Under this occupation for public use
an extensive cemetery has been established
and made sacred by the burial of many thou
sands of deceased soldiers of the govern
ment. Afterward Mrs. Lee, having de-
ceased, the romaindeT-man, George WASH
ington Curtis Lee, claiming that
tho tax sale was defective on the ground that
n tender of the taxes was ur might have been
made but for q rulo of the tax commissioners,
that tender must bo made in person. brought
an action of eicctment in tho courts of the
state of Virginia against tho officers of the
United States in charge of the property,
which action was removed to the circuit court
| of tho United States, where ii was heard and
determined in favor Of the claimant. From
this decision writs of error were taken to the
supreme court of the United States, which
court affirmed the Judgment in favor of MIR.
Lee. The committee, without expressing any
| opinion rs to the correctness of this Judgment,
finds that in the present condition of the
affair, this soldiers cemetery is exposed to the
danger of an attempt to take this property,
thus devoted to a sacred public use out of the
possession of the government of the United
States, in execution of this judgment Of tho
| supreme COURT.
The committee recommends that tho PROPOSE
tion of Mr.. Lee to sell the whole property to
the government for $l50,000 be accepted, and
that an Appropriation be made to carry out the
acceptance, for which purpose an amendment
to the deficiency appropriation bill is reported
by the committee, SO conditioned that no
money shall be paid until the attorney gem
eral shall have reported that the deed con-
veys the complete title to the property and
relinquishes claims of every kind by the
grantOr, in rem or in personam, for damages
on account of the occupancy Of the estate by
the government.
The proposition of Mr.. Lee was made with
reservation that if it We're not accepted it was
not to prejudice him in the courts in any pro-
ceeding ho might institute to enforce his
| rights,