Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1854-08-02
"nELP ME, cAssiUs, Or i SINK"
To the Editor of the Gazette !:

"HELP DIE, CAsSiUs, Or 1 SINK
To the Editor Of the Gazette:
SIR My attention has just be en- called
tn statemeu. contained in one Of your re-
cent editorials, which in justice to- myself,
and to my late client, Mr. Cushwa, it is pro-
per that I should notice and correct That
statement as furnished to me is as follows:
1.-The decision Of the Court in declaring
the election null and void is known to have
been ia accordance with the advice and as
sent OF the leading counsel Of Mr.. Cushwa at
the June term"
This, if intended to convey to the public
mind correct in preston Of the opinions OF
Mr. Cushwa's counsel, is a most remarkable
statement, aud one certainly not justified by
any thing which occurred at the june Court,
or at any other time. freely acqait you OF
any intention or purpose to misrepresent us,
and am satisfied that you have made the
statement upon what yca seie e.ea u DC rood
authority; you have, nevertheless, been i'm
posee upon, and justice requires correction
1t Is true, there was a time during the
progress Of the case at the June court, when
looking to the political complexion aud char
acter Of the court, and to the possibility that
that body might be so far swayed by its par
tizan feelings as to declare Alexander New
conner Sheriff of Berkeley County that it
became the subject Of private professional
consultation among the counsel Of Mr. Cush
wa, whether it was not better to concur in
the suggestion made to set aside the election,
than to incur the risk of SO violent an outrage
upon the will of the people Of Berkeley
County, This consultation very promptly
resulted in the determination, upon the part
of Mr.. Cushwa's counsel. to leave the ques-
ton in all its bearings to the ACTOR of the
court | participated in this consultation,
and concurred in its conclusions. But that
any of the counsel of Mr.. Cushwa ever be.
leved or expressed the opinion, that there
was any just or legal ground, or even de-
cent or colorado protext for setting that
election aside-and more especially, that any
of the counsel for Mr.. Cushwa ever gave
their assent" to any such lnonstrous and
extraordinary conclusion as that to which the
Court arrived atits July term, is wholely and
ane absolutely untrue, and is contradicted
by their earnest, vigorous aud continued OPP
position to such . course in every form and
shape in which this ISSUE was presented to
the Court, both at its June and July terms.
If this act Of the Court-an act without
parallel or precedent in judicial or paria-
mentary history, requires justification before
the bar of public opinion, that justification
must be found elsewhere than in the pre-
sumed assent OF the counsel of Mr.. Cushwa,
They. both at the June and July terms, pro.
tested against such decision by arg umeut,
by remonstrauce, by expostulation, by bills
of exception aud in every form in which
professional fidelity could declare the rights
of their Client aad professional decency re-
strain the expression of their surprise and
humiliation at the anticipated act of the
Court.
For my own part have no hesitation In
expressing my own opinion-in which | am
sure my colleagues will coneur--that the
decision made by the Court at its July term
was in gross violation Of the legal and con
stitutional rights Of Barnet Cushwa, in des-
polling him Of an Office to which he had beer
fairly elected By the qualified voters Of Berke-
ley County, it was monstrous and
unjusttabe RECESSION of u compact aud agree
ment solemDly and deliberately made by al
the parties to the contest, through their al.
torneys, and entered of record with the as.
sent ,f the Court and that it was al
abandonment by the Court Itself of its owl
high duties assumed by themselves unde
their own construction of the act of 1852
aud from which they subsequently shrunk. Il
give the most charitable construction to thei
conduct, in view Of the enormous labor thu
such a contest would impose upon them, -
thus taking a royal road to results, solving
the Gordian knot Of their perplexities by th
sword of usurped power; aud alfordiug anoth
er illustration Of that selfish administration
Of justice, which as Pope tells us, so ofte
causes
"wretches to hang, that Jurymen may dine"
have no disposition at this time to sa
anything about the action of the Count
Court Of Berkeley beyond what is ueccssar
to the vindicatiOu of my own professions
position in that case; but it were nc
chained to this spot by public engagement
which ! can neither postpone or evade,
would seek to make my voice heard by eve
ry free and independent voter in Berkele
County, and hold up to him, the high an
solemn obligations which appeal to him
rectify the wrong which has been done to ii
laws aud Constitution Of the country, an
TO restore Barnet Cushwa to those rights
which he has been SO uujustly AID 1agrantl
despoiled.
Gil. JAS. FAULKNER.
Washington, July "a, 1854.
Our readers well remember that on the o'
Of the election for Sheriff two years ago,