Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1877-06-06
EVENING, JUNE G, 1877.
The New York Herald, 10 an editorial Oh

Arlington, says:-
I'VE doubt if Mr.. Lee has any claim which
a court of law will sanction. In the early years
of the war, when. that part OF Virginia was 10
military possession of the government, the mil
itary authorities administered therein the laws
of Virginia, collecting and conGscatiDg such
taxes as were due On the property. When
the taxes we're not paid the lands were liable to
sale, and the Arlington property was actually
offered for sale, finding no bidders who, we're
Wiling to pay the amount of the taxes. 1t was
accordingly bid in by the government. which
acquired title 10 accordance with the statutes
Of Virginia relating to tax sales. This title
seemed so uruues,ionablc that neither General
Lee during his life, nor Mrs. Lee after bis
death, made any attempt to recover the prop
erty. The estate was willed by its prior owner
to Mrs, Lee for life and to her eldest son on
her decease. He DOW asserts his claim chiefly
on the ground that his reversonary interest
could not be impaired by tax SALE He main
tains that as no tax was ever levied on MIN he
never failed 10 pay one, and that his rights
were not subject to forfeiture BY the neglect OF
temporary posscssors OF the property. 1t the
tax laws of Virginia resemble those OF New
York this is an utterly untenable position.
Property is sold for taxes without regard to
complications of ownership, but mortgages and
persons having future contingent interest are
permitted to redeem it within limited time.
By failure to do SO they forfeit all their pre-
existing rights. Surprising this TO be the law
OF Virginia, as it certainly is of most Of the
States. we do not see that Mr. Lee has shred
of legal title to the Arlington estate
The Herald's errors 10 this paragraph seem
to embrace all the questions of fact as we'll as
all the questions of law 10 reference to the mat.
ter The military authorities never did lad.
minister the laws Of Virginia" iu this county.
They never COLLECTED and cou6soa,ed any"
tax whatever The taxes for the so-cal[ed
arrears which the Arlington estate was sold for,
were taxes levied by the United States, and the
inyslidiy Of the sale Of the whole of an estate OF
great value for i few dollars taxes, under such
circumstances as those under which the Airing
ton estate was sold, has been repeatedly de-
termned by tho courts. 1t is also contended
that the tax was rendered, but Judge johnson
holds that such tcoder was unnecessary in.
the face Of the known rule Of the commission
e!s to receive the tax from no one but the own
er. 1t is, also, urged that the tax sale did not
pass the reversionary interest, and lastly,
that the United States could acquire no title
to land 10 the State without tho consent Of the
State, aud so far from any attempt having been
made to recover The property BY Mrs. Lee, that
she did make such attempts the proceedings OF
Congress will prove.
That Gen. Lee will recover bis right is AS sure
as that civil courts have been re-established
but that he would in any event disturb Airing
ton cemetery no one believes, aud ho has re.
pestedly announced his intention not to do So.
The Herald is probably right 10 its anticipa-
ton of what will OCCUR when the courts shall
have sustained Gea. Lees title. 1t says
Whatever may be the result of this suit moth
ing is more absolutely certain than that the Ar
lington grounds will remain forever 10 posses
sion OF the United States and Of the dead who
repose in them. The act of Congress relating
to national cemeteries, passed 10 1867, author
ICES the Secretary of War 10 select for that pur-
pose such sites as he deems suitable, and &C
quire them by purchase. If the Secretary and
the owners cannot agree % a price be is au
thorized to take the property without their
consent, and provision is made for the appoint.
meat Of appraisers, ADD on payment of the sum
awarded the fee simple vests 10 the United
States. Even if Mr.. Lee should gain his suit he
willncver recoverpossession of Arlington. In that
event the Secretary of War will exercise the
power conferred on him by statute, aud if he
and the heir cannot agree as to proper COM
pensaton for the property the United States
will continue to hold it, and he can apply for
the appointment of appraisers. Ii the appel
late courts decide that he is legally entitled to
the estate be will recover not it, but reasona.
bic compensation. The rcposo of the dead
the patriotism of the people and the dignity of
the nation will not be disturbed by any posi-
bic result Of this suit"
How can Mr.. Hayes or any Of bis friends