Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1877-12-26

by Robert E. Lee, and bounded as loio"o
north by the land of = Ross; east by the fol9-
mac river south bv the land Of James Roach,
- Johnson, ard Guy Henry west oy thc rllu ~
-- Elliott, Columbus Alexander ana John l"chc'
containing eleven hundred acres, be the same iho,I
or less, said to have belonged 10 Mary ~. nce az"
charged 10 her on the land book OF Inc otatG aio'e
said for the year 1900 and valued on saia oooh '
S34l 100. Said sum of S92.07 bearing Inc same ul-
rect proportion TO the whole amount Oh orcct taA,
| namely, S937,550 G65, apportoned 10 salu Staso
the act OF Congress Of August ., loOl, as 'nc 'au
of said parcel of land estimated 10 Dea " 'I
whole valuation of the real estate i'll said STATE OF
Virpinla, subject to said direct tax, ACCORDING W
the last assessment and valuation OF SAID real cste
and the several parcels thereof, maze unucr lc u
thorty of said State previous to the LIST day OF JAN
uary, A. D. 1861, to wit, the assessment ana Vaut
lion for the year 1860, whereby in addition TO salu
tax charged upon said parcel Of land, sum OF hlly
ner ccntum of said tax became charged thereon, ana
that no owner or owners of said lot or parcel OF lu
did within sixty days after the commissioners ald'
| on the aforesaid 18th day of September, lS63, SO
fix said amount, pay the tax thus charged upon Tue
said lot or parcel Of land into the Treasury Oh Tue
United States to the commissioners holding salu
Office during said term, or to any such commits
sioncrs at any time, by reason OF which non-pay-
ment said piece or parcel Of land became forfeited
to the United States and according the said com.
mlssoncrs caused the same 10 be advertised Tor sale,
describing in said advertisement the aforesaid par
eel OF land and distinctly stating therein saiu
amount of $500 as the amount OF direct tax assessor
on said tract or parcel, in a newspaper published IN
said county of Alexandria, where said land Is Sit
nate, namely, in the newspaper called the Virginia
State Journal, published in the city OF Alexandria,
in said county, for four weeks previous to tho day
of sale and did further advertise as above, by post
Ing notice Of said sale in three public places in said
county four weeks previous to said day OF sale,
which day of sale advertised by said publication
and said posting to take place Oh the lLh Day OF
January, A. d. lSG4 and thereafter on said day last
named so advertised and at the place OF sale so adj
yertiscd to Wit iu said city and county of AlcXan-
dria said commissioners did cause the same to be
offered for sale to the highest bidder who would
bid sum not less than the tax and penalty aorc'
said, with the lawful costs, and ten per cent per
annum interest on said tax then accrued; and no
person bidding the same, or larger sum IMAM The
sum hereinafter named, and said tract, lot or par
eel of land having been selected under the direction
Of the President, in pursuance OF an ORDER oil which
the following is copy;
s:Whereas by the act of 1862, chapter -, entitled
sAn act for the cocc ion Of direct taxes in insur
| rcctionary districts within the United States, and
for other purposes it was enacted that certain land
in said insurrectionary districts should be charged
with taxes, and that said land should be sold foI
| non -pyamcnt thereof, as therein provldcdi and
whereas by the act Of 1863, chapter Il, approved
| February & said act Of 1852 was amended and
whereas by virtue Of the power in said acts con
fcrred a any such SALE any tracts parcels, or lots
land which might be selected under the direction
the President for Government Use, for war, military
naval, revenue, charitable, educational, or police
nurposcs might at said sale be bid in lby the COM
missoncrs appointed under said act under direc
tons Of the President, lOr anu struck OH 10 lhV
| United States
uAnd whereas the President, with the advice and
, consent Of the Senate, has, In pursuance ol law.
| appointed John HawXhurst, William l. Foreman,
J and G. +. Watson as tax commissioners within aho
for the Stale of Virginia. and whereas the real cS
ate hereinafter described has become charged with
taxes TO the United States, and by reason OF tht
| non payment thereof, and of the penalty lawfully
assessed thereon, is forfeited TO the Unltet
States and has become liable to be solo
, under the provisions of the acts aforesaid; ant
whereas the said estate has been advertised to b'
sold for non. payment Of said taxes and penalty OF
the llth day of January, lSjl, according to law
and whereas the President of the United States, by
ri virtue of the authority vested in him as aforesaid
has selected for Government use for war; military
charitable, and educational PURPOSES lne lahu he'c
, matter described:
"Now therefore, /, Abraham Lincoln, Presldcn
of the United States, have ordered and directed
and hereby order and direct, said commissioners to
| following described tract Of land for the purposes
aforesaid, and in pursuance OF the statutes on tina
behalf provided, namely the Arlington estate, lately
| occupied by Robert K. Lee, bounded as follows
north, by the land of - Ross east by the Poto
mac river; south, by the land Of James Roach
- Johnson, anu Guy Henry; west by the land O
- Elliot, Columbus Alexander, and John Tucker
containing eleven hundred acres, be the same more
| or less.
"ABRAIIAM LINCOLN,
''Prcsidcnt Of the United States.
,sExRCUTlvE MANSION,
"Washington, 9TH JAM, 1851
| For Government use, for war, military charta
bic, and educational purposes, said commissioners
, did bid in the same to the United States for thu
sum of s2GSO0 being not LESS than the taxes, pen
| atty, and cost, and ten per cenlum per annun III
| tercst said taxes
In testimony whereof said commissioners have
hercunto affixed their signatures on this 25th day OF
September, a. d. 1866.
. JNO HAWXHURST,
GILLET +. WATSON,
A. LAWRENCE FOSTER,
U. s. Direct Tax Commissioners for Virginia.
STATE or VIRGINIA,
Aicrundrm C1unty to nit:
Personally appeared before me Justice Of the
Peace for the State and county aforesaid, John
y | Hawxhurst Gillett F. Watson, and A. Lawrence
Foster, parties signing the above paper, and they
scverally acknowledged the same to be their act and
deed
Given under my hand this 7lh day of March, ISL
ROBERT BELL, j. 7.
VIRGINIA,
| Alec Co. Court Clerks Office, Mnrch +, 1867
The foregoing certificate Of sale, with the ac-
acknowledgements was this day admitted to record.
Teste: JEFFERSON TACEY, Clerk.
The State of Virginia was not admitted to repre-
sentaon in Congress until January, 1870, and in
consequence the claim of Mrs. Lee to Arlington
could not be brought before that body prior TO that
time. On the 22nd January, ISL, the petition of
Mary A. K. Lee, prepared by her legal counsellor,
Francis L. Smith, (now dcccased) of AL Alexandria,
Fa.,was presented by Senator Johnston,of Virginia,
to the United States senate. This petition set out the
facts of the casc and gave reasons for the belief
that the claim Of the Government was invalid. 1t
was referred to the Judiciary Committee, Int no
report ,cas erer made upon it.
1t is objected in Mrs. Lees memorial that the
act of Congress under which tho sale Of Arlington
was made was not authorized by the Constitution.
BY section eight Of the first article Of the Constu-
ton of the United States the power is given TO Con-
gross to exercise exclusive jurisdiction over all
places purchased by the consent Of TIC Legislature
of the State in which the same shall be- ''for The
erection Of forts, magazines, arsenals dock yards,
and other needf buildings" For these objects, and
these alone, Congress possesses the power to pur-
chase property over which to exercise exclusive
jurisdiction, and then only by the consent of the
Legislature of the State in which such property is
situated. AS in the sale Of Arlington the President