Staunton spectator, and general advertiser. [volume] (Staunton, Va.) 183?-1849, 1848-08-16
rHo aM whom it may concern

In the Staunton Spectator Of the 18th of July,
there appeared card Of Major j. Marshall Cue,
which, owing to my absence from home, have
not been able to notice sooner.
am unable to perceive what interest the public
can have in the subjects of controversy between
Maj. McCue and myself, or how he expects to
bring that controversy to satisfactory conclusion
through the medium of the public newspapers /;
but he has thought proper to drag me before the
notice Of the public in order to crafty his morbid
craving for notore,y, suppose it will be expected
that shall reply. IT, i'll the progress Of the con-
trcversy, the Major shall be enlightened as to the
difference between notoriety and good fame, he has
no one to blame but himself.
regret as much as the Major can, that the Go
vernon did not think proper to order Court Mar
tial for relied upon decision of such body, as
the farest and satisfactory mode of ascertain
ing who has been right and who wrong, in
this controversy.
1t is known to all who have felt any interest in
the matter, that election was recently held for a
Colonel of the l60th Regiment, to supply the va
caucy caused by the resignation Of Col. Rankin
In that election Lit. Col. Bell, Maj. McCue and
myself were candidates, and upon the first trial,
which took place on the 18th Of December, lS47 !,
Mai. McCue was elected
This election was set aside by the Governor and
new one was ordered. The same persons were
again candidates until just the voting was about
to begin, when Bell withdrew and left McCue and
myself the only competitors.
This election, which took place on the | lth day
of March, 1913, resulted in my favor by majority
of two votes. AS soon the election was over
sat down in the presence ofthe superintendent of
election and wrote the certificate, which they sign
cd and delivered to me. So the certificate was not
"already prepared"
understand Maj. McCue to complain, lst That
he was fairly and legally elected on the 18th of
December, and that it was gross outrage upon his
rights to set that election aside. This outrage he
seems to think perpetrated by the joint agency
of Gov. Smith, Capt. Burke and myself.
Gov. Smith had certainly tho legal right 10 de-
eide upon the validity of the election, and can i'm
agine no possible motive he could have had to de-
eide otherwise than according to the right of the
case certain it is he had no partiality for me, per-
sonal or political
He decided against the legality of the election,
and Maj. McCue thinks he decided wrong. Gen.
Richardson, we are informed, thought the election
valid, and it may be- that the General is better
Judge of such matters than the Governor. The
Major thinks he is.
Was this decision Of the Governor fairly obtain
eds This is the only question in which Captain
Burke and myself are interested
The election was superintendent by Capt. Burke,
who voted for me, Capt. Hogshead, who voted for
Bell, and Capt. Hotel, who voted for McCue.-
men applied to me to draw the certificate and con-
scented to do so; but as it late, ii was agreed
that they should come TO my office, in Stauuton,
upon day appointed. On that day, Capts. Burke
and Hogshead both came, and was about to draw
the certificate when they stated to me that they
had some doubts to the regularity of the election
and would like to have my opinion upon several
questions about which they had some difficulty. |
replied that having been a candidate in that cleo
ton would prefer not expressing any opinion on
the subject, and advised them TO write to the Adju-
tant General and ask instructions from him. They
determined to take this advice and left my office
with that understanding. Some time in the course
Of the same day, Capt Burke returned and stated
that as he unaccustomed TO the preparation OF
such papers, he would be glad fl would write such
letter as i thought would be proper, and there
upon wrote letter giving statement of the facts
as he directed, and asking instructions upon such
points as he indicated. That letter he approved
adopted, and sent to the Adjutant General 1t was
IS follows:
SrAUNroN, December 9th, I94S.
DEAR Sir: The resignation Of Armstrong Ran
kin, late Col. Of the l60th Regiment, has been
communicated to your Department and an order
has been issued by you directing the COmmandant
OF the Regiment to cause election to be held 10
supply the vacancy occasioned. Your order was
dated on the Both Of November, l847, but was moi
tSCciNeu ny ulltl %Olu vi LIE
cember. In the meantime, the Lieut.. Col, VIM
A. Bell, published an order in the newspapers print
ed in Staunon, directing the officers Of the Regi
ment To assemble at the usual place of mastering
the Regiment on the 18th of December, to hold an
election for Colonel of the Regiment. No other
notice was given that am aware Of (See order
enclosed) On the 18th of December, the election
was held at the place appointed and the attendance
OF the officers pretty full though from the in
cIemPncV of tho Iypo .hor
OF the companies wholly unrepresented and an
other nearly so. The Lieut.. Colonel and Majo
being both candidates for promotion, the election
was superintendent by three Captains Of highes
grade, of whom the undersigned was senior. The
elections having resulted in the election of the Ma
Jor, the Lieut.. Colonel rendered his resignation t
the superintendent, and elections were immediate
~ held TO supply the vacancy occasioned by the re-
egnation Of the Lieut.. Colonel and the promotion
Of the Major.
The superintendent of election appointed day
OF meeting, in order to prepare the certificate Of o
lection but in the meantime, the order from you
Department was received, directing that an cleo
ton should be held, and that every officer entitled
20 Uote should be summoned TO attend. This orde
eas induced some persons to doubt the legality O
the proceedings had in the matter, and entertain
doubts myself, have concluded TO write for instruc
Sion before proceeding farther.
should be glad to hear from your Department
AZ as early day as convenient, upon the following
pola's'-lst Had the Lieut. Colonel right to o.
oer an election and hold it without orders from thu
Eohmanoant-in-chief,- Officially informing him o
the vacancy.
"a Is notice in public newspaper such al
order as IS contemplated by the 9Th Section of tn
Militia Law Of 1884.
Bird. Were the superintendent Of election an
thorlsed to receive the resignation of the I,ient
Colonel See Act Of 1884, Section H.
4th. Was the vacancy occasioned by the Lien,
Coouel's resignation, such an one as could be file
forthwith under the Act Of March lth, 1885. See