Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1871-01-28
TELEGRAPHIC.
DISPATCHES TO THE GAZETTE.
From Washington.
CONGRESS.

WASHINGTON, Jan. 2S-The Senate was
not in session to-day, having adjourned until
Monday.
TheHouse of Representatives inc Committee of
the v hole was devoted to debate upon general
subjects.
MISCELLANEOUS.
The Reconstruction Committee of the House
of Representatives are considering the proprie-
ty of reporting in favor Of abolishing the test
cath, and will meet on Tuesday next for the
purpose of coming to final decision. There
seems to be little doubt that the committee
will report in favor of abolishing the test-oath
except as to those persons who are embraced III
the disqualifying clauses of the 18th amend
ment.
In the House of Representatives yesterday
after the close of our report the following pro-
ceeding took place in reference to the property
of Rev. James #. Johnston, on Prince street,
near Columbus, in Alexandria
Mr.. Kerr also, from the Committee ON the
Judiciary, reported u joint resolution ii. X.
No. ABB for the relief Of James L. Johnston
which was read first and second time.
The Joint resolution empowers and directs
the Secretary of the Treasury to pay to James
II. Johnston, of Alexandria, Virginia, without
interest, the proceeds of the sale for taxes due
to the Government of lot No. l63 on Prince
street, Alexandra, less all taxes costs, and le
cal charges, the said sale having been made by
the tax Commissioners of the United States un-
der the laws for the collection Of direct taxes.
MIR. Kerr | ask that the report of the
committee on this subject be printed In the
Globe
The Speaker. If there be no objection it
will be SO ordered.
There was no objection and it was ordered
accordingly
The report is as follows
The Committee on the Judiciary to which
was referred the memorial OF james i. John
ston, and House bill No. 2l97, for his relief,
have had the same under consideration. and
respectfully report that
The memorialist is a citizen Of Virginia, and
has been for more than thirty Years last past,
and is minister the Episcopal church, over
sixty years of aye, and the evidence accompany
ing his memorial conclusively shows that he
was at all times during the late war faithful and
loyal to the United States In 1861. by force
of circumstances not necessary to be detailed
here he was compelled to leave his home in
Alexandria and 60 to the interior OF Virginia
and not long thereafter to remove to Chester,
South Carolina, where he remained until the
cessation of hostilities, having meanwhile made
numerous Intellectual efforts to obtain permis-
sion to enter the Union lines.
At the commencement of the war he was the
owner of lot No. lG3 Prince street, Alexandria,
Virginia Under the acts of Congress of Au-
gust ;, 1861, February 6, 1868. and June !,
1862 imposing direct tax on the States OF the
Union, and prescribing the manner Of its col
lection in States in rebellion, his said real estate
became subject to the payment OF tax OF
S43 GO. For the non payment OF this tax the
commissioners, on January IL, 1864, sold his
property at public auction, and it was purchased
by Hon. J.. f. Chittenden for the SUM OF
81. 1926, which was paid into the Treasury of the
United States Being convinced of the truth
of the foregoing facts, and of the meritorious
character Of the memorialist, Mr.. Chittenden,
on repayment to him Of the purchase-lnoney,
reconveyed the property to Mr.. Johnston; put
before this was done Mr. Johnston made for
NAL application to the commissioners Tor per.
mission to redeem his property on payment OF
the taxes and costs under the law. This appli-
cation was oyerruled by them because it was not
made within one year after date of the sale. 1t
was made, however, within two years after the
sale; yet is was overruled by them because it
was not shown that the applicant was beyond
SEAS, and therefore unable to make it earlier;
1t is provided in section seven OF the act OF
June /, 1862 ''that if the owner OF said lots OF
ground shall be minor, nonresident alien, a
loyal citizen beyond seas, person OF unsound
mind or under legal disability, the guardian,
trustee or other person having charge OF the
person or estate Of such persons may redeem
the same at any time within two years after the
sale thereof, in the manner above provided. and
with the like effect" (U. S. Statutes-at-
Large, VOL r. pages 424 and 64l')
The evidence in this case satisfactorily estab-
fishes the fact that although Mr.. Johnston was
not literally beyond seas, yet he was, by cir
cumstances beyond his control, by his poor situa-
ton and condition in life and. by the condition
of public affairs kept and compelled to remain
beyond the jurisdiction and limits Of Virginia.
SO that his inability, his disability to give earlier
attention to his property, was as real and sub
stantial as if he had in fact been at the time
'beyond seas Ass as he could, under the
circumstances return to Virginia and give the
needful attention to his property and take steps
to secure it against sale tor taxes, he did so.
Besides, it would not be a strained construc,,
ton of the law to hold that the terms beyond
seas do not necessarily require literal absence
from the continent, but may, IN case ike tnis,
be held only to mean beyond the limits and juris-
diction of the State of Virginia. In many
States the same provision has been construed
iudicially to man without the limits Of the
State. & Wheat. r. 54l J and the same con-
struction prevails in Maryland, Il Har. y
John. r., $50 } and in several other States, Y
McCord r., 33l !; Mass r., 27l; Pick. T..
2G3; 3 Bibb R., 5l0.) =.
Uy.xla,,4 on opinion whether this
precise construction should be applied to the
language in question, your committee are of
opinion that, under the peculiar circumstances
of this case, the law should be literally constru-
ed in favor of the memorialist It would be
grossly unjust to enforce the law with such
harshness in cases OF this kind. 1t is not re-
quired by thepublic welfare, or by any conside-
rations Of public policy The liberalinterpreta
ton of this law is fully justified by the decision
of the Supreme Court of the United States in
Bennett VS.. Hunter 70 Wallace r., p 1872