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

above offer
Respectfully submitted
(SGned) MANY u. i'' LEE.
it would seem to be greatly to the interest of the
Government to have this question settled airing
ton has now passed from the realm Vi nereulla.y
estates, and become the possession OF the people
IT'S a spot where more sad associations with Inc
war cluster, and which holds tue history or |
greater number who fell in "the place OF slaugnler
than any similar on this continent. IL is tnc
great bvouac of dead army, and shall they whose
serried ranks tell of battle and siege and victory
shall they whose whitening bones form this vast and
tender monument of fidelity to tho Union shall
| Ties: rest in ground that bears u tainted tHc7
The noble Capitol rises across the river in unim-
paired perfection, and throws from its marble walls
| upon the hills of Arlington the last rays OF each
setting sun. Such gentle benedietlon 10 daily re-.
proach to the legislators who have filled and still
do fill its halls But for that silent host at Airing
ton, the Capitol might have been ashes, and the
living, breathing men within it now might nave
swelled the list Of 'slan' on many tar-oh teld.,
But TO return to the proceedings Of the claimants
Mrs Mary Lee died in November, 1873 and
| George Washington Gusts Lee took an estate IN
remainder in Arlington. Whether it was vested
or u contingent remainder upon the true conStruc-
ton Of the will is now an lmmacrlal question, as
since the death Of Mrs. Lee all the heirs of &. W.
Z. Gusts have united in an absolute deed releasing
and conveying to g. w. T.. Lee all their right, title
and interest in "lrlingto house estate at law or
in equity.
On the 9th April, Is74, the Hon. j. W. Johnston,
OF Virginia, presented the memorial Of &. w. Z.
Lee (preparcd by the same eminent counsel as had
been his mothcr'S) to the United States Senate,
setting forth his claim to darlington" This was
referred in like manner to the Judiciary Committee
Mr. Lee rccapitnlates many Of the points made in
the first memorial, and adds Wclghty arguments IN
favor of his own valid title.
IT'S true that reasons arc urged in Justification Of
the law Of 1862, based the relations Of Virginia
to the Federal Government at that time. The c
reasons, however, cannot apply to law for the COL
lection OF tax. The property in this instance was
within the Union lines and no resistance was or
could have been offered.
Again, the land WIS assessed, taxed and sold as
} the ropcrty of the le.tenant. The sale could
by the terms Of the law only be prevented by the
owner paying the tax. The ta1.sae certificate re.
cites the property as owned by Mrs Mary A. Il.
Lee If the sons remainder was contingent, it was
no estate in the land, and he was in no sense an
owner; if rested, it estate not IN pos
: session, but in expectancy
When the property offered for sale, Mr.. Lee
was not an owner (within the meaning Of the law
4 who could tender the tax. His right not being
taxed could not be forfeited for its non-paymcnt
The sale could only pass at the utmost the title Of
i the life tenant.
4 Mr. Lee concludes his petition as follows:
= The Government by it's agents is in possession OF
the "Arlingt house estate" claiming title under
the tax sale certificate. 1t has been devoted, as
your petitioner is informed, to the purpose, in part
at least, OF national ccllCICTy LOT W Ho
= died during the civil war. Your petitioners rem
cdy through the courts of the country Isl as he is
advised, clear and complete. But while the asso-
Citations of his early life would make the recovery
of the estate peculiarly agreeable to him. he IS frank
to say that, as Congress has devoted it TO the pur
nose of q national cemetery, and naturally desires
TO preserve in their graves, under the guard OF the
Federal authority, the remains OF those who lost
their lives in the service Of the country your petit
toner Is willing to avoid litigation, by the release
of his title to the estate. upon the payment OF just
d compensation. Such o purpose was expressed by
d Mrs Mary A. 4. Lee, the life tenant, and your Pc
titioncr the proposal to release and convey
c TO the United States, by valid decd his fecsimple
title Of the estate upon the payment to him OF lis
!: fair and lust value. Your petitioner hos thus can
ddly presented his views Of his claim, and respect
, fully asks for the passage OF law making the ne
cessary appropriation for the purchase or SAID estate
. by Congress, upon the execution of legal Gced
| conveying complete and valid title to the same to
t the United States.
, | All Of which is respectfully submitted.
, (SiyneJl g. W. G.. LEE.
. a. Tue sauc lime The following bill was prepared
bill to give jurisdiction the Court Of Claims to
t hear the claim of g. w Gusts Lee TO Arlington.
y BE II enacted By the Senate mt House Of Rep
les.lltuiires Of the Tntci States Of 1u'crtca IN
j. C6nyrcss assembled, That jurisdiction be, and
, is hereby, conferred the Court of Claims to hear
and determine the claim OF &. W. Gusts Lee against
the United States Of America for the tract of land
called Arlington, in the county Of Alexandria, and
State OF Virginia, formerly the property Of George
W. p. Gusts, and by him devised TO the said G. w.
Gusts Lee, for the moncycd value Of said estate.
SEC > That the proceedings for the recovery of
said tact Of land or the money valne thereof. shall
be by suit in the nature Of 4 bill in equity, and
shall be conducted and determined in all respects
as near may be according to the rules and prin-
ciplcs OF equity practice in other courts of the
United States Prorided horcrcr. That said court
shall have power TO grant foil relief in the premises
SEC. g. That the suit authorized by this act shall
be commenced by petition in writing, true copy of
which shall be delivered to the Attorney General Of
the Uutcd States, whose duty shall be, for and in
behalf of the United States, to demur TO or answer
the same within thirty days after service Of copy
thereof upon him, unless the court shall, for good
cause shown, grant further time for filing the same
Proridct ho,cecer That no plea OF limitation
shall be allowed or relied on as defense to said suit
SEC T. That if upon the final hearing Of the
cause the court shall decide in favor of the United
States it shall order the said tract Of land to be de-
liyrrcd to the possession of the Secretary of the
Treasury for the time being, to hold the same for
! the United States subject to disposition by Con-
cress but if the court shall be Of opinion that the
said tract of LAID is the property OF the said e. w.
Gusts Lee, it shall proceed to determine what will
be Just compensation therefor, and shall receive
evidence hy dispositions, to be taken by either party
to said suit, upon due notice TO the opposite party,
and shall decree accordingly.
SEC ). That upon the production by the said g.
w Gusts Lee Of certified copy OF the decree of
the Court Of Claims asccrtaining the value OF said
tract Of land the Secretary Of the Treasury shall
+ pay the said amount to the said &. W. Custis Lee,
or his legal representatives, out Of any money in
the Treasury not otherwise appropriated.
Sec. Il. That either party to Said suit may take
an appeal to the Supreme Court of the United
States, which is vested with full Jurisdiction to hear
and determine the same on appeal in the same
manner and with like effect as in other equity
from the Circuit Courts of the United States.
Sec. That the taking of an appeal in such suit
shall operate supcrsedeas to the decree Of the
Court Of Claims until the final hearing and decision
thereof by the Supreme Court Of the United States
SEC s. That all acts and parts of acts in conflict
with this act be- and the same are hereby, repealed.
When Senator Johnston presented Mr.. Lees
memorial, he also offered this bill in the United
States Senate, which was consigned to the same
silent bourn which much resembles those
ssFrcczlng founts where all that's thrown
Within their currents turn to stone ~
Thus denied for years the relief to which the
humblest citizen in the land is entitled, Mr. Lee
has at last been forced to institute suit for the re-