Formation of Arlington National Cemetery and Fort Myer
Submitted by Alice Warner
Book Title: United States Military
Reservations, National Cemeteries And Military Parks
Arlington.
This reservation is situated on the west bank of
the Potomac River, opposite
Washington, D.C., and, together with
an area between the Georgetown and
Alexandria road and the
Potomac River of about 330 acres, jurisdiction as to
which is in
the Department of Agriculture (act of Apr. 18, 1900 as amended June
3, 1902; 32 Stat., 293), contains, according to survey, about 1,046
acres, with
metes and bounds as given in G. O. 27, W.D., Feb 10,
1909. To this was added, in
1913, 3.7165 acres for a road between
the Potomac Highway Bridge and the
reservation, making the total
area of the reservation about 1,050 cres. The
following statement
under "Title" contains a full description of the title,
etc., to
the reservation:
Title.-- This tract of land, improved by
sundry buildings, etc., the legal title
to which, under the will
of George W. Parke Custis, who died in 1857, was in
Mrs. Mary Ann
Randolph Lee, the wife of Gen. Robert E. Lee, for life, with
remainder over to George Washington Custis Lee in fee conditional,
was taken
possession of by the United States in the spring of
1861 as within their
military lines and the immediate scene of
important military operations against
an enemy then in arms
against the Government, and so continued in possessions
for such
purposes after the course of events had carried military occupation
and
operations elsewhere, as a defensible position for
fortifications to command the
capital. Subsequently, under a
certain direct tax act of June 7, 1862 (12 Stat.,
422), and
February 6, 1863 (12 Stat., 640), a tax was assessed against the
property, and, in default of payment, the usual sale was had, when
the United
States, pursuant to authority of law, bid in the
property at the tax sale "for
Government use for war, military,
charitable, and educational purposes," and
under this title
continued in possession until 1883. During this period a
considerable part of the property was devoted to a cemetery for
deceased
soldiers of the United States under the style of the
"Arlington National
Cemetery"; another considerable part for the
erection of a fort and the works
connected therewith, under the
name of "Fort Whipple," subsequently changed to
"Fort Myer"; and
a third and smaller part for the occupation of homeless and
destitute freedmen and colored refugees.
After the close of
the war, Mrs. Lee having deceased, the remaining underman,
George
W.P.C. Lee, claiming that the tax sale was defective, brought and
action
of ejectment in the circuit court for the county of
Alexandria, Va., which was
removed by a writ of certiorari into
the circuit court of the United States,
where it was heard and
determined in favor of the claimant. From this decision
the case
was taken to the Supreme Court on writs of error, and the latter
court,
at its October term, 1882, affirmed the judgement in favor
of Mr. Lee, on the
ground that the tax certificate and sale did
not divest the plaintiff of his
title to the property. (See U.S.
v. Lee; Kaufman v. Lee, 16 Otto, 196.) Under
this new condition
of affairs, involving a possible removal of thousands of
bodies
from the cemetery, the dismantling of a fort, and the dispossession
of
many colored people whom the United States had permitted to
reside on a part of
the tract, and in order to secure a complete
title to the property, the United
States, under authority of an
act approved March 3, 1883 (22 Stat., 584),
accepted an offer of
Mr. Lee to convey the same, with covenant of general
warranty
against every manner of claim against or in respect of said
property,
in rem or in personam, and also against all and every
claim for damages on
account of the use or occupation of said
property, for the sum of $150,000.
Accordingly, on the 31st
of March, 1883, for and in consideration of $125,000 in
hand paid
($25,000 being retained until jurisdiction should be ceded by the
State of Virginia with perpetual exemption from taxation), the
estate all and
singular was conveyed to the United States by deed
in fee simple by George W. P.
C. Lee for himself, his heirs, and
assigns forever (deed recorded in book F 4,
records of Alexandria
County, Va., p. 257, May 14, 1883); and on the 25th of
March
1884, the General Assembly of the State of Virginia having, by act
approved February 23, 1884, ceded its jurisdiction over the said
land and
exempted the same from taxation, the final payment of
$25,000 was made, and the
Arlington estate became the property of
the United States.
Title to tract acquired in 1913 for road
from reservation to Highway Bridge:
Deed from H. Rozier
Dulaney, and R. Walton Moore, trustees, dated April 2, 1913,
conveying a strip of land 70 feet in width leading from near the
southeast
corner of the reservation to the Highway Bridge
containing 3.7165 acres.
Recorded in deed book 137, page 586,
land records of the county of Alexandria.
By order of the
Secretary of War, dated January 11, 1897, the limits of the
national military cemetery within the foregoing described estate
were defined
and the area fixed at 408 1/30 acres.
My
order of the Secretary of War, dated February 8, 1889, the limits of
the post
of Fort Myer within the aforesaid-described estate were
defined and the area
fixed at 186 acres, and the remainder of the
estate placed in charge of the
Quartermaster's Department.
Esements.-- Act of Congress approved February 28, 1891 (26
Stat., 789), granted
a right of way through the reservation to
the Washington & Arlington Railway Co.
Location approved by the
Secretary of War December 12, 1891.
Act of Congress approved
March 3, 1893 (27 Stat., 747), granted a right of way
66 feet
wide through the reservation to the Washington Southern Railway Co.
Location approved by the Secretary of War June 1, 1893.
Act
of Congress approved December 8, 1894 (28 Stat., 593), granted a
right of
way 50 feet in width through the reservation to the
Washington, Alexandria &
Mount Vernon Railway Co.
Revocable licenses.-- February 27, 1889, to the board of supervisors
of
Alexandria County to open and maintain a road 40 feet wide
upon the reservation.
September 5, 1894, to the Washington,
Arlington, & Falls Church Railway Co.,
owner of railway
constructed by Washington & Arlington Railway Co., to construct
line of double track on the reservation and to erect passenger shed
at its
terminus and at a platform and shed near Fort Myer
Reservoir.
April 20, 1895, to the Washington, Arlington &
Falls Church Railway Co. to
construct, operate, and maintain its
line of railway across the northwest corner
of the reservation.
April 26, 1898, to the Washington, Arlington, & Falls Church
Railway Co. to
extend its line of tracks across the Fort Myer
Reservation. Change in location
authorized May 2, 1908, to make
room for post buildings.
November 26, 1898, to the
Washington, Arlington & Falls Church Railway Co. to
connect with
Government water main and drain pipe at the station building near
Arlington Cemetery gate.
May 4, 1899, to the Home Telephone
Co. to place poles along western boundary of
the reseration.
February 27, 1901, to Washington, Arlington, & Fall Church
Railway Co. to
construct and maintain small shelter station on
the reservation.
July 31, 1902, to Washington, Arlington &
Falls Church Railway Co. to change the
location of its tracks on
the reservation.
February 19, 1904, to the Falls Church
Telephone & Telegraph Co. to erect and
maintain not exceeding 10
poles on the reservation.
April 25, 1906 to Washington,
Arlington, & Falls Church Railway Co. for
extension of tracks to
connect with line of Washington, Alexandria & Mount
Vernon
Railway.
February 11, 1909, to the Falls Church Telegraph &
Telephone Co. for wires on
trolley poles of the Washington,
Arlington & Falls Church Railway Co.
February 27, 1909, to
Washington, Arlington & Falls Church Railway Co. for
double-track
electric railway with loop.
May 22, 1909, to the Falls Church
Telegraph & Telephone Co. for telephone line
along west line of
public road on west side of Fort Myer.
April --, 1910, to
Washington, Arlington & Falls Church Railway Co. to install
additional toilet facilities in its Fort Myer station and to make
connection
with the Government water and sewer main.
February 28, 1911, to the Navy Department to occupy additional area
for its
wireless-telegraph station.
June 12, 1911, to
Arlington Electric Powe Co. to construct electric pole
transmission line on reservation.
November 21, 1911, to
Potomac Electric Power Co., on request of Navy Department,
to
erect poles on reservation in connection with extension of the
wireless
station at Fort Myer.
For further priveleges see
"Aqueduct Bridge."
Jurisdiction.-- Ceded to the United States
by the act of State legislature,
heretofore referred to, which is
as follows:
Whereas, Robert T. Lincoln, Secretary of War of
the United States, has made
application to this General Assembly,
for its consent to the purchse by the
authorities of the United
States of a tract of land, described as follows: All
that certain
tract or body of land, situate in Alexandria County (formerly in
Fairfax County), in the state of Virginia, commonly known as the
Arlington House
estate, containing eleven hundred acres, be the
same ever so much more or less,
being the identical tract or body
of land, which was conveyed by Gerard
Alexander and wife, to John
PArke Custis, by deed bearing date, December
twenty-fifth, A. D.
one thousand seven hundred and seventy-eight, and of him the
said
John Parke Custis, inherited by George W. P. Custice, who devised
the same
to George W. C. Lee, and by him, the said George W. C.
Lee, conveyed to the
United States, by deed bearing date the
thirty-first day of March, eighteen
hundred and eighty three,
recorded in Liber F, number four, folio two hundred
and fifty
seven, one of the land records of Alexandria County, Virginia, and
whereas, the United States authorities held possession of said real
estate,
claiming absolute ownership thereof from January
eleventh, eighteen hundred and
sixty four, until March thirty
first, eighteen hundred and eighty three, and
used the same as a
national cemetery for the burial of deceased soldiers and
sailors, and for other public purposes, during which period no
taxes, or county
or township levies were either demanded or paid
thereon, and for which a claim
has been recently asseted:
therefore,
1. Be it enacted by the General Assembly of
Virginia, That the consent of this
state is hereby given to the
purchase of said tract of land by the Government of
the United
States of America, but this consent is given subject to the
following
terms and conditions, to wit: That this State retains
concurrent jurisdiction
with the United States over the said
tract of land, so that courts, magistrates,
and officers of this
state may take such cognizance, execute such process, and
discharge such other legal functions within the same as may not be
incompatible
with the consent hereby given.
2. That said
tract of land and the buildings now or that may hereafter be
erected thereon, and any property of the United States, on said
tract, are
hereby exempted from all taxes imposed by this state,
or by the constituted
authorities of Alexandria COunty, and this
exemption shall be in force from the
date of said purchase by the
United States, March thirty-first, eighteen hundred
and
eighty-three, and shall continue only so long as the United States
shall be
and remain the owner of said tract of land; and all
taxes, and county, township
and district levies, due or claimed
to be due, for, against, or upon said real
estate since the same
went into possession of and has been held and used by the
United
States authorities, as aforesaid, are hereby released and
discharged.
(See Code of Va., 1904, Sec. 15.)
See also
"General Act of Cession."
---
Arlington National
Cemetery
This reservation contains an area of 408 1/30 acres,
being a portion of the
Arlington estate.
See "Arlington"
for Situation, title, and jurisdiction
Additional Comments:
United States
Military Reservations
National Cemeteries
and Military Parks
Title, Jurisdiction, etc.
Prepared
in the Office of the U.S. Judge Advocate General's Dept. (Army)
United States Army
Revised Edition 1916
Washington,
Government Printing Office 1916
VAGenweb
Arlington County, Virginia
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