Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1875-03-06

pllcatlOnS were made 10 SAID commissioners ny
the agents and friends of absent owners to pay
the tax upon advertised property and save 1t
from sale; which applications, under the opera
ton of SAID rule and practice, were uniformly
refused by the commissioners. No note record,
or memorandum of such applications WAS kept
or made by the commissioners, though sucn ap-
pl cations were frequent. The premises In the
declaration mentioned were sold as aforesaid by
the commissioners without tho knowledge or
consent of the said l,ixon, he being absent from
Alexandria, and within the Confederate militia
ry lines, from the - day of -, 1851, coniln.
premises, however were advertised for sale, his
brother in.la law went to the office of the commits,
sioncrs to after the payment ct the tax on the
propcrty but II: d.. TO formal offer or tender OF
payment, he cause such uter or tender was, Iii
elect, waived by sui commissioners, they de-
clnlng u recognize any tender unless made py
the owner in proper person.
Judgment
Wherefore it is considered by the court that
the plaintiff do recover OF the defendant the
prt misses in the declaration mentioned according
to the fuding of the court, and that they recover
also their costs by them about their suit IN This
behalf expended. HUGH l.. BOND.
November 23, 1871. Judge, &c.
As Mrs Lee did not appear iu person TO pay
the TAX Arlington was svld; not so much OF the
land as was necessary to pay the small SUN OF
S92. OF. but the whole estate, containing eleven
hundred acres, aud worth many thousands OF
dollars.
The act of February 6, 1868, contained,
among others, the following provisions, VIZ:
And provided further, That at such sale any
tracts, parcels or lots OF land which may he Sc
| lected under the direction of the President Tor
Government use, for war, military, naval, re-
venue, charitable, educational, or police pur-
| noses may at said sale, be bid IN by said COM
t,r,It +ba
for, and struck of, to the Uniied States, &c.
Uuder this provision the President directed
| the purchase of Arlington ''lor Govern ment
use, for war, military, charitable, and educa'
| riopul purposes, and it was struck OFT to the
| United States for sum of SIG, SUI. The Presl-
dent did not seem 10 be conteut TO designate
Que use to which the property should be ap'
piled, but wanted it for the various aud con-
hctiug uses ''of war, military, charitable, and
educational purposes.
The purchase having been made, the Gov
ernmeDt at once took possession OF the prop
erly, and has held 1t ever siuce. About two hun
| drcd acres have been made rational cemetery
| and the remainder has been leased to freedmen
and is otherwise used by the Government.
| The State of Vlrg mia was not admitted to
| representation 10 Congress till January, 1870,
aud in consequence the claim OF Mrs. Ice was
not brought before that body prior to that time.
General Lee died 18th October, 1870; aud on
the 22d January, 1872, | presented to this body
the respectful petition Of Mary Auu Rondoph
Lee setting out the facts OF the case, giving
| her reasons for believing the claim OF the Gov
ernment to Arlington TO be Invalid, and closing
| With this statement:
But assuming the mos! favorable view for the
| United States possible under tue circumstances
| ~ he Inuhtp, buI thai cloud
| rests upon the title. To remove this cloud and
quiet the title to the properly would appear to be
the evidont interest of the Government of the
| United states.
! Your petitioner and her son, u w: Custls
Lee (the owner of the reversiOn,) are willing to
avoid, however, all litigation the subject, and
| to have amicabe settlement OF this matter
| With this in view, they now offer TO the Govern
ment Oh the United States, though your honora-
BILE bodies, that upon the receipt OF three nun
| dred thousand dollars they will execute and de-
liver such necessary. releases and conveyances
| as may be sdjudged sufficient to sanction and
| quiet any claim which the Government may
now have by III king legal and valid title to
the property.
Your petitioner therefore prays your bonora-
able bodies for the passage of q law making the
necessary appropriation to secure and ehectuste
the above cntr.
| Respectfully submitted.
MARY A. Z. LEE.
The petition, upon my motion, was referred
to the Committee on the Judiciary, but no re-
port was ever made upon it.
Mary Ann Randolph Lee died in November,
1873, aud the claim to Arlington vested In her
Oldest SOD, q. w. Gusts Lee, and on the 9th
of April, 1874, | presented memorial from
him. which was also referred to the Committee
Oh the Judiciary. He also set forth the facts
and gave his reasons for believing the sale void
and that the property belonged, in law and
equity, to himself. His memorial ends as fol-
lows:
The Government by its agent is in possession
of the 'Arlington- house estate, claiming Title
under the tax-sale certificate 1t has been de-
voted, rs your petitioner is Informed, to the pur
pose, In part at least, Of national cemetery for
soldiers who died during the civil war. Your
petitioner remedy through the courts OF the
country is, rs he is advised, clear and complete
But while the associations of his car. y life would
make the recovery of the estate peculiarly agree
able TO him, he is frank to say that, as Congress
has devoted it to the purpose of national Come
terry, and naturally desires to preserve IN their
graves, under the guard Of the Federal authorl-
ty, the remains Of thoss who lost their lives IN
the service Of the country, your petitioner Is
willing to avoid litigation, by the release OF his
title to the estate upon the payment OF just
compensation. Such purpose was expressed
by Mrs Mary a. L. Lee, the life tenant and
your petitioner reneWS Inc proposal 10 Ieloaso
and convey to the United States BY valid deed,
his fee simple title of the estate upon tho pay
ment to him of its fair and just value Your
petitioner has thus canddly presented his views
of bis claim, and respectfully asks for the pas
sage OF q law making the necessary approprls-
ton for the purchase of said estate by Congress,
upon the execution OF legal deed conveying a
complete and valid title to the same to the Uni
ted States. All Of which ls respectfully sub
mitted, G. w. G. LEE.
Aud in presenting the memorial, after stat
iug briefly its conteutS, [ suid for him and by
his authority
Mr.. Lee has been advised that his claim could
be enforced in the courts, but he states in his
III EN- Jrisl, and 1 now say for him, that he is not
in the least inclined to disturb the purposes to
which tae pr1p rly is devoted, and therefore ne
Comes before the Congress of the United States
and asks that the Government will cause his
claim to be examined, and, if found good. pay
him a fair end reasonable price for the estSte.