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Private Calendar No. 778. 
 
 I No. 2179. 
 
 61sT Congress, | HOUSE OF REPRESENTATIVES, i Report 
 
 3d Session. ( 
 
 ESTATE OF GEN. GEORGE WASHINGTON. 
 
 February 16, 1911. 
 
 -Committed to the Committee cjf the Whole House and ordered 
 to be printed. 
 
 Mr. Morse, from the Committee on Private Land Claims, submitted 
 
 the following 
 
 REPORT. 
 
 [To accompany H. R. 5266.] 
 
 The Committee on Private Land Claims, to which was referred the 
 bill (H. R. 5266) to reimburse the estate of Gen. George Washington, 
 havmg had the same under consideration, report it back to the House 
 with an amendment which strikes out the preamble and the first 
 section, and in lieu of the first section inserts the following: 
 
 That the Secretary of the Interior be, and he is hereby, authorized and directed to 
 issue patent to Robert E. Lee, junior, administrator de bonis non, with the will 
 annexed, of the estate of General George Washington, three thousand one hundred 
 acres of the public lands of the United States, to be selected by the said administrator, 
 or his assigns, from the unreserved and nonmineral public lands of the United States; 
 which shall be taken and received by said administrator as full compensation to the 
 estate of General George Washington for the loss of his three thousand one hundred 
 acres of land warrants and grants" made thereunder, and for any and all claims which 
 his estate might or could make against the United States on account of land warrants 
 or grants held by him, or his estate, upon warrants locateable northwest of the Ohio 
 River, and for every and all claims whatsoever. 
 
 The committee recommends that the bill as amended do pass. 
 
 The claim of the heirs of George Washington against the United 
 States for reimbursement for the loss of lands of his in the State of 
 Ohio is one of absorbing interest. 
 
 At the close of the Revolutionary War, Gen. George Washington 
 was the owmer of a 3,000-acre land warrant, purchased by him from 
 one John Rootes. 
 
 On December 7, 1763, Lord Dunmore, then governor of the royal 
 colony of Virginia, issued a land warrant to John Rootes for 3,000 
 acres'of land to be located by him on the lands of the colony north- 
 west of the Ohio River. This warrant was issued in accordance with 
 the proclamation of King George III in 1763. 
 
 On January 5, 1785, the Legislature of the State of Virginia passed 
 a joint resolution which provided that all persons who had served in 
 
2 . ESTATE OF GEX. GEORGE WASHIXGTOjST. 
 
 • 
 
 the Armies of the United States from May 1, 1779, until the close of 
 the Revolutionary War, and had a land warrant in his possession by 
 right or by assignment before May 1, 1779, might exchange the same 
 with the register of the land office for a warrant; that he should be 
 permitted to locate on vacant land reserved on the western side of 
 the Ohio River for officers and soldiers of the Continental Army. 
 
 Gen. Washington, on February 14, 1785, changed his old warrant 
 for a new one under this joint resolution and obtained a 3,000-acre 
 continental line land warrant from the land office of the State of 
 Virginia. 
 
 Some time during or before the summer of 1787, Gen. Washington 
 purchased another small land warrant, one for 100 acres of land, 
 which had been issued to one Thomas Cope for services in the conti- 
 nental fine from Virginia. 
 
 In the summer of 1787, Gen. Washington placed these two warrants 
 in the hands of Col. John O'Bannon, a deputy surveyor of the Vir- 
 ginia military district of Ohio, for location, and directed their location 
 in tiie Virginia military district northwest of the Ohio River. 
 
 Col. John O'Bannon entered land for Gen. Washington as follows: 
 On January 17, 1788, by survey number 1650, 839 acres, in what is 
 now Franklin ToMiiship, Clermont County, Ohio. On May 13, 1788, 
 he entered 1,235 acres in the same county; on May 12, 1788, he 
 entered 977 acres, 926 acres of which was made on the 3,000-acre 
 warrant and 51 acres of which was made on the Thomas Cope warrant 
 of 100 acres. 
 
 Thus it will be seen that entries were made for 3,051 acres of the 
 3,100 acres which Gen. IVashington was entitled to patent. 
 
 On and between April 4, 1788, and May 26, 1788, these entries 
 were surveyed by Col. John O'Bannon, and were duly recorded in 
 the books of Col. Richard >.nderson, the surveyor of the Virginia 
 military district of Ohio. The}' were made under a law of the State 
 of Virginia enacted in 1783, and Gen. Washington and his agents 
 believed that the warrants, entries, and surveys before mentioned 
 should for that reason be returned to the land office of the State of 
 Virginia, and this was done on April 20, 1790. 
 
 On December 1, 1790, grants were made by Beverly Randolph, the 
 governor of the State of Virginia, to Gen. George Washington, for each 
 of said three survey's, under the belief, that, according to the terms of 
 the reservation, it was incumbent on the State of Virginia to complete 
 the title. 
 
 Congress, on August 10, 1790, confirmed these surveys and again on 
 May 13, 1800, Congress confirmed them by an act entitled "An act to 
 authorize the issuing of certain patents." 
 
 It would seem from the foregoing that the title to these lands had 
 been confirmed in Gen. Washington and that he could not possibly 
 lose them by fraud on the part of the officers of the Government of the 
 United States, but such is not the case. He did lose them and an 
 officer of the Government was a party to the transaction. A man by 
 the name of Joseph Kerr, who was a deputy surveyor of the Virginia 
 military district of Ohio, being well acquainted with the Washington 
 entries, his warrants and his surveys, and also knowing that by inad- 
 vertence or through ignorance of the law, Gen. Washington had not 
 filed these surveys with the Secretary of War, the said Kerr proceeded 
 to secure the legal title of these lands. He covered Gen. Washington's 
 
 riE:'-^ i9:i 
 
-«-' ESTATK OF GEN. GEORGE WASHTXGTON. 3 
 
 • _entiy and survoy with i.tlior entii s and in so doing hud the audacity 
 
 •^to use Gen. Washington's field notes for this purpose. He die' not 
 
 --*even take the trouble to go out in tlie field and resurvey the land, but 
 
 ^ appropriated the field notes as lie found them of recordj in the land 
 
 ^-ofhce. 
 
 "^ There were rumors that an effort was being made to steal these 
 
 s lands, and this rumor reached Gen. Washington. He wrote to the 
 
 ^local land office and said tliat he proposed to defend his title and would 
 
 jstand a lawsuit before he would lose the land, and the local land 
 
 officer assured him that he was safe and promised to notify him if 
 
 anything occurred. 
 
 Den. Washington died on the 14th day of December, 1799, and on 
 the 26th day of February, 1806, this man Kerr, who afterwards 
 became a Senator of the United States, made his entry and he made 
 it with malice aforethought. 
 
 On the 4th day of Marcli Judge Bushrod Washington sent a letter 
 by Chief Justice Marshall to Richmond, asking for these papers, and 
 on the 14th day of March a petition of the executors was introduced 
 in Congress. These two petitioners were Judge Washington, a 
 member of the Supreme Court, and Col. Lawrence Lewis, who was a 
 nephew of George W^asliington's, and who had married Nellie Custis. 
 This petition was referretl to the Committee on Public Lands, dis- 
 cussed in the Committee on the Whole, and Congress concluded that 
 it could confirm Gen. Washington's title by general law instead of 
 a special law, and with that end in view passed the act of March 3, 
 1807. The trouble with this law was that it had no retroactive 
 effect. Congress should have cured the cases of conflict between 
 locators made between August 10. 1790, and March 2, 1807, but it 
 did not, because of the fact that Kerr, on April 20, 1806, had two 
 of the surveys patented, and on January 8, 1808, had the third one 
 patented, notwithstanding the act of March 3, 1807, giving the 
 executors of George W^ashington five years from March 23, 1807, to 
 return their surveys and obtain their patents. 
 
 Thus it is seen that the act of March 3, 1807, was of no benefit to 
 the estate of Gen. Washington whatever, but was defeated by the 
 action of the officers of the United States in issuing patents to Kerr's 
 principals. 
 
 Every effort of the heirs of the estate of Gen. W^ashington to secure 
 relief has met with failure. 
 
 Your committee is, therefore, of the opinion that the bill should 
 pass as amended. 
 
 The executors are of the opinion that the land is, at the present 
 
 time, even with all tlie timber removed, worth more than $100 an 
 
 « acre, and that they are entitled to compensation for it at this rate. 
 
 This would mean an appropriation out of the Federal Treasury of 
 
 $305,100. 
 
 We can not take this view of the case. In the first place, the 
 Government very seldom pays interest on these old claims, and we 
 do not feel like establishing a precedent in this case. Attention is 
 also called to tlie fact that while Gen. AVashington probably paid 
 taxes on this land for the first 18 years, his estate lias not paid taxes 
 since that time. He valued the land in his will at $5 per acre. 
 
 Hon. Kobert E. Lee. jr., has made such a clear and concise state- 
 ment of this case that your committee has decided to add the same 
 ' to this report, and make it a part thereof. 
 
4 ESTATE OF GEN. GEORGE WASHIXGTOIS". 
 
 THE FACTS. 
 
 The undersigned, Robert E. Lee, jr., a citizen and resident of Burke, Fairfax 
 County, in the State of Virginia, was, on the 29th day of October, 1907, duly appointed 
 and qualified as administrator de bonis uon. with the will annexed, upon the estate of 
 Gen. George Washington, of Mount Vernon, and said trust is in full force and unad- 
 ministered. 
 
 That Gen. \\'ashington completed the preparation of his last will and testament 
 on the 9th day of July, 1799, and with it he prepared an inventory and schedule of 
 his estate and a document explanatory of the situation of the various parts of his 
 estate. That this inventory and schedule was filed with his will by his original 
 executors for probate, and on their motion was accepted and recorded as the proper 
 inventory and schedule of his estate. That in said inventory he mentioned and 
 stated that he owned 3,051 acres of land in the Northwest Territory, in the Virginia 
 military district, and that its value was $16,251. That that was its value at that time 
 when it stood in unbroken forest, and it has constantly increased in value until the 
 present time when, estimating only the naked value of the land without improvements, 
 and including the value of the original timber which stood thereon, it is worth over 
 $100 per acre. 
 
 That the history of Gen. Washington's title to said real estate and the account of 
 the loss to his estate of the same is as follows; 
 
 On December 7, 1763, Lord Dunmore, then royal governor of the colony of Virginia, 
 issued a land warrant to John Rootes, for 3,000 acres of land, locatable on the lands of 
 the colony northwest of the Ohio River. That this warrant was issued in accordance 
 with a proclamation of His Majesty, George III, King of England, in 1763. That 
 prior to May 1, 1779, Gen. George Washington purchased this warrant of John Rootes, 
 and took an assignment thereof. That on January 5, 1785, the Legislature of the 
 State of Virginia passed a joint resolution which provided that all persons who had 
 served in the armies of the United States from May 1, 1779, until the close of the war 
 between Great Britain and America and had a land warrant in his own right, or by 
 assignment, before May 1, 1779, issued agreeable to the proclamation of the King of 
 Great Britain in 1763, might exchange the same with the register of the land office for 
 a warrant, which he should be permitted to locate on vacant land, reserved on the 
 western side of the Ohio River, for officers and soldiers on Continental line. 
 
 That in pursuance of said resolution Gen. Washington, on February 14, 1785, ob- 
 tained a 3,000-acre Continental line land warrant from the land office of the State of 
 Virginia in exchange for the John Rootes warrant. 
 
 That some time prior to the summer of 1787, Gen. Washington purchased of one 
 Thomas Cope, a warrant for 100 acres of land issued to him for services in the Conti- 
 nental line from Virginia and took a proper assignment thereof. That in the summer 
 of 1787, Gen. Washington placed these two warrants in the hands of Col. John O'Ban- 
 non, a deputy surveyor of the Virginia military district of Ohio, for location, and 
 directed their location in the Virginia military district, northwest of the Ohio River. 
 That Col. John O'Bannon made the following entries of land on said warrant: 
 
 On January 17, 1788, No. 1650, 839 acres in what is now Franklin Township, Cler- 
 mont County, Ohio. 
 
 On May 13, 1788, No. 1765, 1,235 acres on the Little Miami River, 3^ miles above the 
 mouth of its east fork, in what is now Miami Township, Clermont County, Ohio. 
 
 These two entries were made on the warrant for 3,000 acres, numbered 3753. On 
 May 12, 1778, Col. O'Bannon entered for Gen. Washington No. 1775, for 977 acres, 848 
 acres of which now lies in Union Township, Clermont County, Ohio, and 129 acres of 
 which now lies in Anderson Township, Hamilton County, Ohio, and 926 acres of which 
 was made on warrant No. 3750 for 3,000 acres, and 51 acres of which was made on the 
 Thomas Cope warrant for 100 acres. 
 
 That afterwards, on April 4, 1788, there was made for Gen. Washington a survey, 
 No. 1650, for 839 acres on the entry 1650. That on May 27, 1788, there was made for 
 Gen. Washington a survey, No. 1765, on his entry of that number, for 1,235 acres. 
 
 On May 26, 1788, there was made for Gen. Washington a survey, No. 1775, on the 
 entry of that number, for 977 acres. That these three'entries and surveys were made 
 by Col. John O'Bannon and were duly recorded in the books of Col. Richard Ander- 
 son, the surveyor of the Virginia military district of Ohio. 
 
 That said entries and surveys were made under a law of the State of Virginia enacted 
 in October, 1783, and Gen. Washington^ and his agents were under the impression 
 that the warrants, entries, and surveys before mentioned should, for that reason, be 
 returned to the land office of the State of Virginia, which was done some time prior to 
 April 20, 1790. 
 
 That on December 1, 1790, grants were made by Beverly Randolph, the governor 
 of the State of Virginia, to Gen. George Washington for each of said three surveys. 
 
ESTATE Ul' GEX. GEOKGE WASlllNGTOX. i) 
 
 under the belief that, accordiuii to the terms of the reservation, it was incumbent on 
 the State of Vii-ginia to complete the title. 
 
 That these entries and surveys were well known to the locators and iSurveyoi"s in the 
 Virginia military district of Ohio, and also the fact.s that they were made on a resolu- 
 tion warrant. 
 
 That these surveys were confirmed by Congress, in the act of August 10, 1790 (vol. 
 ] , p. 182), entitled "An act to enal)le the officers and soldiers of the Virginia military 
 line, on Continental establishment, to obtain titles to certain lands lying northwest of 
 the Ohio River, between the Little Miami and Scioto" in its reference to section 3, 
 to lands already located. 
 
 That these locations of Gen. Washington were also confirmed on May 13, 1800, by 
 the act of Congress of that date (vol. 2, p. 80), entitled " An act to authorize the issuing 
 of certain patents." 
 
 That notwithstanding these facts, one Joseph Kerr, a deputy sin-veyor of the Vir- 
 ginia military district of Ohio, well knowing that the Washington entries, warrants, 
 and surveys, before described, had not l)een filed with the Secretary of War, on Feb- 
 ruary 26, 1806, made three entries, completely covering the said Washington locations, 
 and in making said entries used the field-note descriptions in the three Washington 
 surveys. 
 
 That said Joseph Kerr, deputy siuve\or, covered Gen. Washington's entry and sur- 
 vey No. 1650 with one for the same number of acres, No. 4847, on part of Gen. John 
 Nevill's warrant No. 937, belonging to his estate. He covered Gen. Washington's 
 entry and survey No. 1765 with one for 1,066§ acres on part of the same warrant No. 937, 
 belonging to the estate of Gen. John Nevill and numbered 4848. 
 
 He covered Gen. Washington's survey No. 1775, for 977 acres, with one numbered 
 4862 for the same number of acres on a part of a warrant. No. 107, the property of Henry 
 Massie. 
 
 On May 20, 1806, Joseph Kerr, deputy surveyor, made a survey, No. 4847, for 839 
 acres covering Nevill's said entry of the same number, and in so doing used Gen. Wash- 
 ington's field notes for his survey No. 1650. 
 
 On May 22, 1806, the same Joseph Kerr made a siu-vey. No. 4848, on his entry of that 
 number for 1,066^ acres of land and thereby covered Gen. Washington's entry and sur- 
 very No. 1765 and used his field notes for that purpose. 
 
 That said two siu-veys purported to have been made for Gen. John Nevill, who had 
 departed this life testate Jtily 20, 1803, having his domicile in Pittsburg, Allegheny 
 County, Pa., leaving his son Presley Nevill, and his daughter, Amelia Craig, wife of 
 Isaac Craig, his residuary devisees. 
 
 That on March 14, 1806, Judge Bushrod Washington and Lawrence Lewis, executors 
 of Gen. Washington's estate, filed their petition in Congress (House of Representa- 
 tives) in behalf of his devisees, praying that an act might be ])assed confirming the title 
 of said executors to the Washington survevs herein mentioned as numbered 1650, 
 1765, and 1775. 
 
 This petition was referred to the Committee on Public Lands of the House, which 
 reported and as a result the act of March 3, 1807 (vol. 5, U. S. Stats., p. 437), entitled 
 "An act authorizing patents to issue for lands located and surveyed by virtue of certain 
 Virginia resolution warrants," was passed bj' both Houses and approved by the Presi- 
 dent. That the object and purpose of this act was to enable the executors of Gen. 
 George Washington to perfect their title by patent, to the survej's 1650, 1765, and 1775 
 herein, but notwithstanding this act, the said Joseph Kerr, on April 30, 1807, procured 
 a patent to issue to Presley Nevill and Amelia Craig, devisees of John Nevill, for said 
 survey No. 4847, Gen. Washington's survej- No. 1650, and on the same day procured 
 a patent to issue to Presley Nevill and Amelia Craig, devisees of John Nevill, for said 
 survey 4848, Gen. Washington's survey 1765. 
 
 That on the 8th day of January, 1808, the said Joseph Kerr procured a patent to be 
 issued for said survey 4862, Gen. Washington's survey No. 1775, to Henry Massie. 
 That on the 4th day of March, 1809, the said Joseph Kerr purchased said two sur- 
 veys, 4847 and 4848, of Presley Nevill and Amelia Craig, devisees of John Nevill, and 
 on March 17, 1815, obtained a deed therefor from said Nevill and Craig, which is re- 
 corded in deed book No. 12, pages 89, 90, and 91, of the record of deeds of Clermont 
 County, Ohio. That the present owners of the said two surveys claim and hold theii- 
 title from said Joseph Kerr, who, on December 10, 1814, became a Senator of the United 
 States from the State of Ohio. 
 
 That Henry Massie, the patentee of the said survey 4862, Gen. Washington's survey 
 No. 1775, sold and disposed of the same and the present owners of said survey claim 
 and hold title derived from the said Henry Massie. 
 
 That the said two warrants for 3,000 acres and 100 acres, issued originally to John 
 Rootes and Thomas Cope, respectively, were the property of Gen. Washington at 
 
6 ESTATE OF GEN. GEORGE WASHINGTON. 
 
 • 
 
 the time he relinquished all claim for his services during the Revolutionary War, and 
 when he received the sum of $64,415 for his expenses only during the same war. 
 
 That Gen. Washington died in the belief that the 3,051 acres of land embraced in 
 in said surveys 1650, 1765, and 1775 were his, and that the values thereof would be 
 realized on to his estate and devisees, but in fact nothing was ever realized out of the 
 same to his estate, on account of the operations of the said Joseph Kerr, with the war- 
 rants of John Nevill and Henry Massie. 
 
 That the estate of Gen. Washington has been left with said warrants wholly unsatis- 
 fied, and has wholly lost said lands and the entire value thereof. 
 
 That on August 31, 1852, Congress passed the scrip law of that date (vol. 10, U. S. 
 Stats., p. 143), entitled "An act to make further provisions for the satisfaction of 
 Virginia land warrants." 
 
 That this act was passed in pursuance of a resolution of the Virginia Legislature, 
 adopted April 12, 1852 (Va. Acts 1852, p. 316), which requested the sanie. That 
 after the passage of said act of August 31, 1852, before recited, on December 6, 1852, 
 the Virginia Legislature passed another resolution (Va. Acts 1852-53, p. 357), and 
 accepted said act of Congress of August 31, 1852. 
 
 That by the action of the Virginia Legislature in the two above resolutions and by 
 said act of Congress of August 31, 1852, better known as the scrip law, the obligation 
 of the United States to issue scrip in lieu of said warrants, became a part of the public 
 debt of the United States authorized by law, and as such could not be questioned or 
 affected by any action of Congress. 
 
 That the last action of the original executors of Gen. Washington, in the settlement 
 of his estate, was taken many years prior to the passage of the scrip law of 1852. 
 
 That at any time between August 31, 1852, and March 3, 1900, the estate of Gen. 
 Washington might have commuted said warrants into scrip, but on March 3, 1899, in 
 an act of that date entitled "An act making appropriations for sundry civil expenses 
 of the Government for the fiscal year ending June 30, nineteen hundred, and for other 
 purposes," it was provided that all Virginia military warrants, not surrendered to the 
 Secretary of the Interior within 12 months from the passage of said act, March 3, 1899, 
 should be forever barred and invalid. That Gen. Washington's two warrants herein 
 described, to wit: The Rootes warrant for 3,000 acres and the Cope warrant for 100 
 acres were never presented to or surrendered to the Secretary of the Interior, for the 
 want of any representatives of his to make such surrender. 
 
 Your petitioner respectfully states that in his judgment said act of March 3, 1899, 
 in so far as it attempts to extinguish said warrants, is in violation of section 4 of the 
 fourteenth amendment to the Constitution of the United States. That the estate of 
 Gen. Washington has lost both the lands covered by said warrants, and the warrants 
 themselves, and that by reason of the acts of Joseph Kerr, sanctioned by officers of the 
 United States, his executors were deprived of the right to return his surveys 1650, 
 1765, and 1775 within five years from March 23, 1807, and to obtain patents thereon. 
 
 That had Congress prior to F'ebruary 26, 1806, enacted the famous proviso of the act 
 of March 2, 1807, entitled "An act to extend the time for locating Virginia military land 
 warrants for returning surveys thereon to the office of the Secretary of the Department 
 of War, and appropriating lands for the use of schools in the Virginia military reserva- 
 tion, in lievi of these heretofore appropriated," which forbade, after the passage of said 
 act, locating of lands previously surveyed, the title of Gen. Washington's estate to said 
 three surveys, 1650, 1765, and 1775, would have been preserved and that the lands 
 embraced therein would have been realized to his estate. 
 
 That said proviso remained in force from March 2, 1807, until December 31, 1851, 
 a period of over 44 years, and protected all first locations made after its enactment. 
 That Gen. Washington's locations on surveys 1650, 1765, and 1775 were all first locations 
 and made upon lands which had never been located upon before. 
 
 That in equity and justice the estate of Gen. Washington should be placed in the 
 same position as" though the proviso of the act of March 2, 1807, had been a part of the 
 act of August 10, 1790, which opened the Virginia military district to location, as it 
 was a part of the muniments of title in said district, for over 44 years after March 3, 
 1807. 
 
 That the personal representative of the estate of Gen. George Washington could not 
 recover those lands from the present owners nor would it be right that he should do 
 so. That the estate of Gen. Washington is the only landowner in the Virginia military 
 district of Ohio which lost its lands by reason of the ofliicers of the United States per- 
 mitting other parties to obtain title to his locations during the time his executors had 
 in which to return his surveys for patent. That Gen. Washington was so engaged 
 in public business from the close of the War of Independence until his death, that he 
 was compelled to neglect his private business, or intrust it to agents. That he and 
 they were under the belief that Virginia having made the law for locations in the Vir- 
 
ESTATE OF GEN, GEORGE WASHINGTON. 7 
 
 ginia military district, in what is now the State of Ohio, and having reserved it for her 
 soldiers, would have to (•omj)lete the title to these locations and therefore hu< surveys 
 were not returned to the Secretary of War in his lifetime, nor by his executors i)rior 
 to March 3, 1807. That these omissions, however, were all cured by the act of March 
 3, 1S07, hut at the same time, it was impossible for his executors to have cured their 
 title under the act of March 3, 1807, before referred to, because of the issuing of the 
 patents to the devivsees of John Nevill and to Henry Massie. 
 
 That at the time of the passage of the act of March 3, 1807, Gen. Washington's 
 executors still had two years under the act of March 23, 1804, to return these surveys 
 to the Secretary of War, and were not in any default in respect to these surveys. 
 
 That all the facts herein set forth except the values of the lands in question are 
 matters of record as to which there can be no dispute and controversy whatever. 
 That as to the values herein stated, the same are reasonable and just and can be 
 established by more than 50 of the reputable freeholders of the vicinage, com])etent 
 to judge. 
 
 Wherefore he submits that the bill for the relief of the estate of Gen. Washington 
 should pass. 
 
 Robert E. Lee, Jr., 
 Administrator de bonis non, irith the irlll unnexedofGen. George Washington. 
 
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