Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1888-09-22

!
OFFICE COMMONWEALTH ATTORNEY,
ALEXANDRIA COUNTY, VIRGINIA,
September Goth, 1883
IL MI Edwin Ball. Il gistrqr of arlington Di,trict,
Alexandria county, Va:
Dear Sir-ln reply TO your letter of yesterday
asking my opinion, rs Commemorative Attorney
of said county as to the right of persons residing
on the Government reservation known as the Ar
lington estate in Alexandria county, 10 register as
voters If said county desire to say that the Gen.
eral Assembly of Virginia passed an act, approved
February Esd, 1884, entitled IAN act consenting
to the purchase of the Arlington estate by the
United States, ceding Jurisdiction and remittipg
taxes tlereop," (see chapter 151, page lS6 Acts
of the General Assembly of Virginia, 1888 "a
from which quote the following:
Whereas Robert T. Lincoln, Secretary of War
of the United States, has made application to this
| General Assembly ior its consent TO the purchase
by the authorities OF the United States of b tract
of land described IS follows: All that certain
trsct of land, situate in Alexandria county in the
State OF Virginia, commonly known as the Ar
liHgton House estate, containing eleven hundred
| acres % 3 r which was conveyed by George w. =.
Lee to tho United Sites by deed bearing date the
31st day of March, 1873 = and whereas the
United States authorities held possession vi said
real estate, claiming absolute ownership thereof.
from January 1ith, 1864. until March 3lst, 1855
and used the same as national cemetery for the
burial OF deceased soldiers and sailors and for
other purposes, during which period no taxes
p were paid thereon therefore
l. Be it enacted, &C.. That the consent of this
State is hereby given to the purchase OF tad Tract
of land by the Government OF tue United States
of America.
80 The said tract Of land and tho buildings
now or that may hereafter be erected thereon and
any property of the United States on said tract
are hereby exempt from ali taxes imposed by this
State or by the constituted authorities OF Alexan
| dris county, and this exemption shall be in force
s no 6ata &c phaca nv IInitad State5.'
| 1t is clear that tho consent of the Legislature
was given, and such Jurisdiction was coded to the
| United States over said Arlington estate as is
| contemplated in the Sth section 18th clause OF
tho first article Of the constitution OF the United
States which reads rs follows: Congress shall
have power to exercise exclusive legislation in all
| cases whatsoever over places purchased by
| the consent of the Legislature OF tho State IN
which the same shall be, for the erection OF forts,
| magazines, arsenals and other needtul buildings
1t will thusebe seen that the United States Gov
eminent acquired title to the Arlington estate by
purchase and by the consent of Virginia. given
| The 23d day OF February, 1884, and therefore
since that date said Arlington estate has been and
| is now under the exclusive jurisdiction OF the
| United states.
1t has been decided by the Supreme Court OF
| Msssa -h,lsetts, reported in ! Metcslf, page 5SO,
| that where land has been cedeG to the United
| States Government Is was the Arlington estate
that persons residing thereon were not entitled 10
| the beneht OF the otate cOmtnOn scnooiS lol thei
! children; nor did they acquire by residing on
such land any electric franchise political prtui-
leqes as ctizsns OF the State. This decision is con-
Cured in by the Supreme Court of Ohio in the
| case of Sinks vs.. Reese, reported IN 18TH ONO,
page 3O6
| in decision rendered the 10Th day Of March,
1886 in the case of Foley Shriver, reported in
81 Virginia, page 56S, the question being ss to
the Jurisdiction of the State over persons residing
upou land held by the United States government
! in exactly the same manner in which the Airing
| ton estate is now held said:
"In this case the state Legislature having given
the required consent and the United States hav-
ing purcha ed the land in question, the United
| Ststes have acquired under the Federal Constitu-
ton exclusive jurisdiction over the cedeo
lands and they no longer part OF the State OF
| Virginia. That persons residing thereon
| are not citizens of Virginia"
"That persons residing Merson are not citizens of
Tirginia" this language is clear and admits of no
| doubt upon the subject, and with this conclusive
and unanimous decision by our Court of Appeals,
backed by concurring decision from other States
of the Union sustained by the Constitution OF the
United States and the Statutes Of Virgins. am
of the opinion that no persons residing upon the
Arlington estate have legal right to register as
voters of Alexandria county aud that no persons
are entitled TO register who have resided on the
said Arlington e,tate within twelve months next
preceding any election at which they may offer to
vote no matter where they may reside at this
time, or at the time of Offering to register See
section 70, Code OF Virginia, 1887. g.
In connection with this opinion, l desire to say
that all persons Offering to register, and who may
be rejected by you as registrar, are entitled to an
appeal the courts to have their right to regis
ter judicially decided, in the mode prescribed by
section 81 of the Code of Virginia. 1887.
Very respectfully submitted,
JAMES f. CLEMENTS.
| CON- Atty Alexandria county, Va.