Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1868-01-30
The Counties of jefferson and Berke-
ley. The Case in the Supreme
Court Not Yet Decided.

A great deal Of balierdash and nonsense we
End going the rounds Of the Radical papers as
TO the real status Of the case between Virginia
and West Virginia, now that the Supreme
Court has announced its action or rather non
seton 10 the case. The Wheeling Htteligsn-
Ger, on the authority Of telegram from Rever-
dy johnson, informs its readers that the case
has resulted in favor Of West Virginia" aud
then proceeds to set forth what it is pleased to
term the facts and issues involved in the con-
trorcrsy, in a statement which exhibits quite
as many errors as there are lines.
The despatch Of Mr.. johnson above referred
TO contains the truth as Ear as it goes but does
not contain the rlols truth by a great deal
1.-THE distinguished counsel for West Virginia
means TO say that TIE failure Of the Court 10
reach any conclusion, is favorable to his client
we are not disposed TO object; but il the idea
which be wishes to convey is that the cause is
irrevocably lost TO Virginia and that there
has been a final adjudication Of it against her.
we think he is wholly mistaken as a brief re-
view Of the entire proceedings in the court will
sUundanJly show We cannot doubt. then.
that Mr.. Johosoa's despatch was intended by
him to make the impression which we have inn
Puted to him above Now what are the facts
They are simply these:
Virginia filed a bin for the recovery Of the
counties Of Jefferson and Berkeley. The State
Of West Virginia dsmurred, and as grounds Of
demurrer conteuded principally
list. That the complainant virginia. was
not a State Ia the Union by reason Of the &C
ton Of Congress which declared her to be
territory, and therefore that she was not emit
tied 90 Soe
81 That an electiGs having been held in the
two counties 90 determines the question Of traus-
fer. and the result pursuant 70 the terms Of
submission having been certified 10y the Cover
nor Of Virginia, that that certificate was final
and coHc'Hsire
TIE demurrer contained these o77rma'irs
propositions. But the supreme Court, by a
division Of four to four of the Judges, failef to
sustain them. The demurrer, therefore, in the
opinion Of four Of the Judges, was necessarily
defeated But, on the other hand, an equal
number Of the Judges. held that as Virginia
eyas plaintiff she affirmed that she had been
wronssa1y deprived oF the two counties in con-
t-oEe-sy and sought by her oil, 70 claim them.
and that as she bad failed to secure a majority
Of the court 10 sustain her propositions her bin
must De- dismissed effect Of which would
have been 10 determine the cause in favor Of
West Virginia The result, then, has been
that by divided court the cause remains in
precisely the same position it was in before the
demurrer was fled, viz "a cause still IN court
70 be disposed Of whenever majority Of the
Judges may be able to agree upon a decision.
This eau happen only in one of two ways eli
Their by a change Of opinion OF by the death Of
one oftlc Judges
IN this connection it viii be remembered that
Congress las by a recent act 1867 determined
TO Ie-organize the court by diminishing the
number Of judges from ten to seven, and TO &C
oompiish TINE purpose It has been provided that
20 vacancy shall be filed until the court shall
have been reduced to the latter number.
u IS understood that the court was thus d.
vided on the case. in support Of the demurrer
Chase Grier, Swayne and Miller; in favor Of
dismissing the demurrer. Clifford. Nelson. pa
7.7 and Field