The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1870-12-30
THE JEFFERSON AND BERKE-
~ LEY SUIT.
A Gard from GOV. Stanton.

A Card from Gov. Stanton.
From he BsrkeIty Union.
On my return from Washington City on
Saturday last, alter an absence OF some
ten days, found two numbers OF the
Berkeley Union and one OF the NeD Era
containing several articles In relation to
the employment Of Mr.. Faulkner rs coun'
sci for West Virginia, in the case Of Viz
ginia vs.. West Virginia, in relation 10 the
status of the counties Of Berkeley and JEFF
fersOn.
With this controversy 1 have no con-
cern, except with the assumption that II
had become necessary for other counsel
to be employed, because the counsel who
were originally employed, and had been
paid for their services, had neglected and
abandoned the case. So far as am con-
cerned, this imputation is wholly false
and groundless. When the Court an
nounced In 1868, that the Judges were
equally divided In opinion on the demur.
rer, believe it was understood On all
hands, that 1t was not advisable to make
any further movement in the case until
there was full Bench, or some change
in tue members OF the Court. Judge
Grier, who was known to be in favor o.
West Virginia, afterwards retired, leaving
but seven Judges. Judges Bradley md
Grenn were appointed in the place o.
Judges Grier and Wayne. In the mean
time Judge Chase's health failed, so that
he has not been upon the Bench for some
months. In this condition OF things, the
counsel for West Virginia did not think il
prudent to press for II rehearing Of the
case, 90 Judge Chase was in favor of West
Virginia on the former hearing. But the
State of Virginia, supposing the condition
of the Bench was such as 10 afford them
some prospect OF success, moved the Court
for re.argument of the case some time
in May last. Upon this motion the Couri
ordered re.argument on the first Tues
day of this month. On my return from
the Circuit Court OF Jefferson county, or
the oath of November, 1 Immediately de-
voted myself 10 preparation for the argu'
menJ OF tne cause. Having applied my
self industriously for upwards Of week
In the preparation, about the LIST Of Deem
Der received note from the Clerk OF the
Supreme Court, informing me that the
case was postponed until the LIST Tuesday
In February. This postpOnemCnt wa
made by the Court, in the hope that by
that timeNthe Chief Justice would be able
TO resume his place upon the Bench. ex
pect to be fully prepared to argue the
cause at that time, and expect 10 argue
it, unless the Governor, or other proper
authorities of the State shall advise me
that my SERVICES arc not desired. Judge
Lee writes me That his health Is so pre-
carious that he. fears he will not be able
to argue 1t. What Mr.. Reverdy Johnson's
purpose is, l do not know. Having been
connected with the controversy from the
time 1t originated, in 1855, l feel deer
interest In It, and desire to sec 1t out.
If it is believed by the State authori.
ties that Mr.. Faulkner can render more
valuable service in the cause, l am viii,
ling to retire at any moment, though !
confess, l should do so with reluctance.
have no doubt Of the ultimate success oI
West Virginia in tho controversy, and
feel anxious TO have whatever OF prestige
may be acquired by successful defence
Of her claims. B. STANTON
Rheeliug, Dec. 10, 1870.