Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1871-02-11
( From he Richmond Wing Of FEB. Z, lS7l.l
Berkeley and Jefferson.

1t will be remembered that to-day was fixed
BY the Supreme Court Of the United States
for hearing the argument in the case of
Berkeley aud jefferson, claimed by the States
Of Virginia and West Virginia.
Yesterday Governor Walker and Attorney
General Taylor left for Washington to look
after the rightful claim Of our Commonwealth
to these rich aad populOus counties.
1t will be further remembered by those who
have followed the course of this controversy
since the day, when, by the force of bayonets,
which silenced the voice Of the real people Of
these Nirginian counties, and permitted but
the baldest farce of an election, they were de-
clartd a part Of West Virginia that their case
was first argued, and at very great length, by
Judge Curtis Of Boston, and Andrew Hunter,
Of Jeft,rso1 on behalf of Virginia, at the May
term oi jac Supreme Court in 1867.
TIE arg'w'4t came mp on demurrer, on
the part 90. the West Virginia counsel. to our
bill. which demurrer it is conceded by eminent
lawyers substantially involves the whole mat
ter ju coutrrersy between the two States.
AT this period Of the controversy the court
consisted Ht nine judges and the case was held
over iur olviSemeut In the meanwhile Judge
Wayne died, and when the court reaSsembled,
no the following December term, Chief Justice
Chase announced from the bench that the
court stood four to four The consequence of
this las been that the case has remained until
now precisely as at the close Of the argument
Then Congress asserted autocratic power
and the Supreme court seemed likely to lose
its Independence Since then judge Grer.
who was against us, has resigned and died, and
Judges Bradley and Strong been appointed TO
the bench. So the court, as at present conSti-
tItel consists of Chief Justice Chase aud
Judges Nelson, Clifford, Davis, Field Miller,
Swayne, Bradley and Strong. The Chief JUS
tice, WHO'S now very much iudiSpOScd, it was
currently stated at the time Of the argument
was also against us.
judges Bradley and Strong have never yet
been called upon TO give any opinion in regard
t1 the case. or any issue collateral to it hence
.t Is all speculation as TO how they stand in re-
htion % this interesting and 10 us important
question The data, however, furnished Suf-
noes 70 show that the chances in our favor are
Egh.y encouraging.
Che deadlock in the case, occaSioned by a
divided court woCld have continued but for
the act Of Congress passed early last year, re-
constructing the court, and resulting in the
two new Judges taking their seats. As soon as
this occurred, our counsel promptly urged a
rc-argumeut and decision of the case. The
session, however. being near its close, the case
was set for the lSt Tuesday in December last
ana then postponed owing to tho absence and
sickness of Chief Justice Chase until to-day
Our counsel We're very hopeful, at latest ac-
counts, that the case would be argued at this
sitting Of the court and the fact that the Gov
eruor and Attorney General are now in Wash
iugton, looking after the case. shows that they
are oflike opinion the demurrer he over
ruled. the counsel for West Virginia can de-
lav by dilatory action the final determination
of the case. but this will be all. for if we beat
them on the demurrer, the rest Is only qucs-
ton Of time, and ia due course Of events
Berkeley and Jefferson will be again ours.
10 Is gratifying % know that our claims 20
Berkeley and Jefferson are in the hands Of
coGusc. euiCenty adequate o. the task. Judge
Curtis is one Of the abcst Of the able lawyers
o., the alton, and his argument in % in this
ease was pronounced 10y one of the Judges Of
the Supreme Court who Le.d opposite views
the ajl,st Le had beard during twenty years
service ON the bench. The ability Of Andrew
Hunter at this late day is not question for
discussion. and Virginia has at the polls given
beer favorable verdict in regard to the capacity
NC Attorney General Taylor
ON the other hand the Hon. Charles James
Faulkner is engineering the case in behalf Of
West Virginia which is an assurance that all
SSH, be done that can lie done to defeat our
claim. Let US however, hope that right in
t.., instance may prevail, and that these two
counties, whose rea' people are thoroughly Nir-
-uiau ). habit. thought. principles aud blood
wcy soon be restored 20 the embrace Of their
loving ola mother