From the 19 March 1878 issue of The New York Times.
THE ARLINGTON ESTATE.
HISTORY OF ITS OCCUPATION BY THE UNITED STATES GOVERNMENT—THE UNION DEAD BURIED UPON IT.
From the Baltimore American, March 18.
For nearly 14 years the United States Government has held possession of the Arlington estate, on the Virginia side of the Potomac, oposite Washington. The property belonged to the wife of Gen. Robert E. Lee, and was inherited by her from her father, George Washington Parke Custis. When the war broke out Mrs. Lee left her home, and retired within the Confederate lines. One of the first points occupied on Virginia soil by the Union troops was "Arlington 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 acquired 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 aggregate sum claimed to be due on account of taxes at the time of the sale was less than $100. This tax title is the frail tenure under which the Government has held an estate of more than 1,200 acres from the close of the war to the present time.
For a long time there was an impression abroad in the North tht the Arlington estate belonged to Gen. Lee, and that it had been confiscated on account of his participation in the rebellion. In point of fact, however, Gen. Lee did not own the property, and no proceeding against him could have affected 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 "no attainder of treason shall work corruption of blook of forfeiture except during the life of the person attainted." The Government, therefore, never attempted to fortify its tenue of the Arlington estate by trying Gen. Lee for treason.
As is well known, one of our great national cemeteries, in which many thousands of deceased Union soldiers are buried, is located on the Arlington estate. We believe only about 20 acres are actually occupied by the graves, but we think that the plat of the cemetery takes in 100 acres or more. Strange as it may seem, the Government has absolutely no title to this precious ground, in which the ashes of its fallen soldiers repose, save such as was derived from the tax sale in 1864. Judge Hughes, in an opinon delivered in the United States Circuit Court at Richmond on Friday, informs us that the Supreme 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 in their heirs at law. That part of the farm not occupied by the cemetery is tenanted by a 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. Lee) brought a suit in ejectment a year or two ago in the Alexandria County Court. At the suggestion of the Government the case was removed to the United States Circuit Court, where it is now pending. The Attorney-General interposed a 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 overruled, and the case must now be heard on its merits. We have no expectation 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 Arlington estate on which the national cemetery is located, and to allow them to take peaceable possession of the remainder on the condition that no claim shall ever be presented for rent or damages growing out of the 17 years' occupation.