Evening star., 1935-10-06

That Martha Washingtons will was
"a chattel which has such special.
extraordinary, uncommon and unique
value that it cannot be replaced by
means Of money"
That the will twas illegally alb.
stracted from the possession and con-
troll OF the Commonwealth Of Virginia
and has come into the possession and
control of the said defendant, j. P.
Morgan, although he has no title to it."
That said defendant had been duly
requested to return the will, but had
refused.
That the Supreme Court, therefore,
should enjoin said defendant from dis
posing of said will and should require
him to deliver it to the Commonwealth
of Virginia.
The Supreme Court several months
later ordered Morgan to file an
answer.
Morgan engaged legal talent and
prepared to defend himself before the
high court. Pollard engaged assistants
on behalf of the Commonwealth.
AS THE proceedings developed it
became apparent that major legal
questions were involved in the con-
troversy-concerning the status Of the
States during the Civil War.
Perhaps" Pollard said recently,
"the court would have been called
upon to decide whether Virginia's Sc
cession put her out of the Union, and,
therefore, deprived her of protection
of the Constitution"
Constitutional lawyers informally
debated the respective merits of Vir-
ginia's claim and Morgan's rejection.
While citizens generally seemed un-
aware of the grave questions which
loomed for possible decision by the SUI
preme Court, there were rumors that
members of the court and other high
officials having the welfare Of the
Nation at heart were deeply concerned
over the prospect of reopening OF
long-dormant internecine strife.
Morgan, himself, became disturbed
at the turn which the controversy
was taking. From dignifed legal
battle over personal rights the suit
fast was developing into another
North-South conflict of far-reachinS
implications.
Two weeks before the date fixed by
the Supreme Court for Morgan's re-
ply to Virginia's suit, the New York
financier, after final consultation with
his attorneys, ran up the white flag
to signify his surrender.
Morgan's dignity was preserved in
the surrender. Disdaining to COM
municate his peace proposal to Vir-
ginia's Governor, Morgan called in his
good friend, Fairfax Harrison, and
asked him to deliver the will and an
explanatory letter to Judge James
Keith, president of the Virginia Su-
preme Court of Appeals. The letter
read:
you are, of course, aware Of the
unfortunate controversy which has
arisen as to the ownership and pos
session of the original will of Martha
Washington.
when I was first approached on
this subject, an imputation seemed to
me to be involved which was most un-
just in character and deeply painful
to me; this caused me at the time
to determine to stand upon what
seemed to be my legal rights. and to
make no concessions in regard to
them.
THE facts in regard to this case
have been submitted to eminent
counsel and I am advised that the
title of my fathers estate is. on WELL
recognized legal principles, perfect
and unaSSailable. An answer to the
suit of the Supreme Court of the
United States has been prepared and
is ready to be filed.
Should the case, however, come to
trial, issues will be raised as to the
late war and the status of the par
ticipantS therein which, 1t seems to
me, better should not be raised, in
view Of the so years Of peace and
unity which have elapsed since the
termination of the war. do not wish
that, through any act of mine, differ.
ences long since settled should be re.
called.
% ATHER than revive the memories
of ancient strife, long since con.
signed to oblivion by the good sense
and good feeling and patriotism Of ths
people Of the United States, ! greatly
prefer to waive such personal rights as
believe I have in this matter.
Moreover, have the highest re.
gard for the people of Virginia and
the pride of all Americans in their
splendid traditions and lofty spirit.
have good reason to believe that
their sentiment and interest have
been aroused in respect to this docu-
ment and feel that it would be q
proper act on my part to return 1t
to their safekeeping. &.
"In view Of the foregoing and Of
your eminent position as presiding
justice of the Supreme Court Of Vir-
ginia, and of the confidence and es.
TEEN in which you are justly held by
that Commonwealth, hand you here
with the original will of Martha
Washington, with request that it be
disposed Of by you in such way as
will best meet the approval and graft
fly the sentiment Of Gov. Stuart and
the people Of Virginia.
"If I might be allowed to offer a
suggestion, it would be that, because
of my fathers well-known interest in
Mount Vernon and of my own con.
nection with 1t as a member Of the