Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1871-01-07
Virginia VS.. West Virginia.

Virginia VS.. West Virginia.
The Berkeley Union OF last week con-
tains the following letter written 10 that
paper by Hon. B. Stanton
Mr.. 'EDiroR On my return from
Washington City on Saturday, last. after
an absence Of some ten days. ! found two
numbers Of the Berkeley Union and one
Of the Nep Era, containing several arii.
cles in relation to the employ men. OF MIR.
Faulkner as counsel for West Virginia, in
the ca.e OF Virginia vs.. West Virginia. in
relation 10 the status Of the counties Of
Berkeley and Jefferson.
With this controversy | have no con-
cern, except with the assumption that 1t
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 aud
abandoned the csse. So far as am con
cerned, this ippuia,ion is false and Who'll
ly Rrouudless. When The Cour, sDnoune.
ed IN 1868, that the Judges were equally
divided in opinion on The demurrer. / be-
lie,e il was understood on all bsnds. that
i, was moi advisable 10 make any further
movement in The case unlil there wss Q
full Bench, or some change in The mem.
bers Of The Court. Judge Grier, who
was xnown to BIZ in favor Of West Vir.
ginis. afterwards retired. leaving but 'er.
en- Judges. Judges Bradley and Green
were appointed in the place Of Judges
Grier and Wayne. 10 the meantime.
Judge Chase's health failed, SO that he
has no. been upon the Bench for some
monhs. In this condition OF things. the
counsel for West Virginia did not think
i, prudent to press for rehesring Of the
case, 40 Judge Chase was in favor of
West Virgins on the former hearing.
Bu, The State OF Virginia, supposing The
condition of The Bench was such ss 10
afford them some prospect OF succfss.
moved the Goun Tor q re-argumeDi OF the
case some lime in May last Upon this
motion the Court ordered re-Mgumeot
on The FIRST Tuesday Of this month. On
my return from ihe Circui, COun Of JET.
ferson county, on the 24th Of No'eDber.
| Immediately devoted myself 10 pnPJs.
non for the argument Of the cause. Hay
ing applied IN. sell indusrTiously for up.
wards OF week 10 III" preparation. sboul
tie lsi Of December l-i OF December
received a note from The Cle'k Of tie Su-
preme Cour,, informing me that the case
was postponed until The fret Tuesday in
February. This puslponemeni was made
by The Court, in the hope that by ibs,
time the Chief Justice would he able to
resume his place upon The Bench. ex-
pee, be fully prepared 10 srgue The
cause at that time. and expect 10 argue IL.
unless the Governor. or other proper su
thoriiies Of The SIste shall advise me thai
my services are no, desired. Judge Lee
writes me that hrs heslih 10 so precsrious
that he fears he will not be able to srgue
IT. What Mr. Re'srdy Johnson's pur-
pose is. ] do not know. Having be.n
connected with the controversy from the
time il originated, in 1865. | feel deep
interest in il. and desire 10 zee il out
Il III. believed BY the State auihori.
ties tbs, Mr.. Faulkner can render more
valuable service in the Cause. am will
ing 10 retire al any moment, though | con-
Tess. | should do so with reluctance.
lsve M doubt Of the Ultimate success 81
West Virgins 10 The controversy. and
feel anxious TO have Whatever of prestige
may be acquired by sucee'sfui defence
OF her claims. B. STANTON.
Wheeling. Dec. 10. 1870.