The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1879-03-27

Will d0uGrdl JOuuSOus sr
',-'7s $500. Z Respectfully ". JOHN s. WISE.
80 Z, --'-1 RICHMOND, March 4, 1870
To His Ercelzercy F..W N. Holiday, Governor o
Dear Sir,-For your reply to my inquiry thanl
YOU but the response is not quite to the question
have, under the Joint resolution, employed tt
assist the Attorney-G General, is Judge Robertson
acting W rs aa e
and it is asserted that his doing so Is by you
suggestion, appointment aud request. I there
fore respectfully repeat the inquiry whether this
Yours respectfully, JOHN s, WISE.
s---e-.. =. -, {. ~. $751;. $50. 4=-, i
COMMONWEALTH OF VIRGINIA.
- ''|s' ~ 49, '--s Governors Office, --~
Richmond, Va, March !, 1879. ~
Dear Sir,-Yours of this date received. My an
to Of % as d
spond equally in full to this - 1855 -,
= By the Joint resolutions of the Legislature the
Attorney General Is directed to institute and per
BY the second resolution ''the Governor is au
thorized to employ necessary counsel to assist
under the direction OF this resolution
:. By virtue of this authority employed Judge
Robertson, after consulting the wishes of the At
resolution, the responsibility of the conduct OF
the business being with the Attorney General
You say in this last letter: 1.-THE fact is that
General B. +. Johnson is acting with General
Field and Judge Robertson and it is asserted that
his doing so is by your suggestion, appointment
orrequest' i; and you ask whether this be true
answer that it is not true that suggested
appointed, requested or recommended General
B. T. johnson or anybody else to General Field
and Judge Robertson to aid them in the conduct
OF this business. L thought them quite able to
manage it themselves. My duty was discharged
when employed Judge Robertson as counsel to
aid the attorney General. Thereafter the care.
management, and responsibility was with them.
-. Yours truly, FRED w. NJ. HOLIDAY.
VI.
-..4.,. a..- RICHMOND, VA, March 8, 1870
TO His Escellency F. W. NJ. Holiday, Governor Of
Dear Sir,-Your note has just been received,
and thank you for the promptness and fullness
one could DESIRE Regretting that troubled you
to write so much. am yours respectfully,
COMMONWEALTH OF VIRGINIA,
'.' ~ Attorney Generals Office, e.. a
Richmond, March II, 1879.
=. Upon my return from Washington last night
find there has been much discussion and talk
about General B. 7. Johnson's appearing as asso
ciate counsel, behalf of the State, in the Rives
imbroglio. In your paper OF Monday last there
are several paragraphs upon the subject. with
quotations from Two letters from the f
evening my hasty note to General Johnson, invi-
ting him to a conference with Judge Robertson
much regret that this discussion has arisen, and
should not add word or line to it but from
sense OF duty, and in justice to all parties and in
thoush the heavens fall" If the appearance OF
GEN johnson in the great fight which Virginia is
now making for constitutional liberty is cruelty
ing any one, lei the malefactor bear the cross.
submit the following statement as substanti-
allytrue. Its details are true to the extent that
the imperfections OF human memory enables me
to recall what was said and done some week or
The day after the passage of the Joint resolu-
lions authorizing the Governor to employ coun-
sci to assist the Attorney-General in defending
the judges Indicted by the United States Court at
Danville and to protect the interests OF the State
in all matters growing out OF the alleged usurpa-
ton on the part OF Judge Rlves, the Governor
sent for me. went to his office; He called my
ed, and very courteously and generously said that
as the subject matter related more directly to my
department, he proposed to leave the selection
of counsel to myself. thanked him for the con-
sideration, and fold him that if the privilege OF
selecting counsel was accorded to me, that the Sc
Robertson, of Charlottesville was my choice
My selection OF Judge Robertson was influenced
by long acquaintance, close and lntlmate person
al and professional relations, and large admira-
tion for his learning and ability as a lawyer and
advocate, and his devotion to his State. The
Governor promptly responded that betterse-
lection could not have been made, and that he
would .cheerfully make the appointment. He,
however, said that he had been thinking about
the policy of employing counsel beyond the linn
its OF Virginia more intimately connected with
the practice of the Supreme Court and connected
with the dominant political party.
In response to this suggestion, said, in sub
stance that preferred Judge Robertson for vari-
Gus reasons, and among them that my opportu-
mites for conference with him would be more
frequent, and such conference less restrained
That portion, at least of the service would have
to be rendered here in Virginia, and that foreign
lawyers would not come for conference or duty
in the State and, besides, said that such for
eign lawyers would expect fee of from $4,000 t.
$So ooo and we ala not have the money tS TO pay
and said he was entirely satisfied to associate
Judge Robertson with me; but said it was mat
ter Of deepest interest to the state, and asked
if had any objection to confer with the chair
man OF the committees OF Courts OF Justice in the
Senate and House. Ireplied none in the world
That would be pleased to have such a confer
ence He sent for these gentlemen the matter
was talked over freely and the result was that fo
the present Judge Robertson should be associated
with me ; and If in the progress Of the contro,
versy Judge Robertson and myself should reacl
the conclusion that the interest OF the State de
manded the employment OF other counsel, thei
we should report to the Governor and he woult
act in the premises. Another subject was dis
cussed which it is not necessary to refer to-
While in the Governors room, received mes
sage that a senator wanted to see me for few
moments Il will not give his name, as it is no
necessary. went out to see him. He asked
me what my personal relations were with Gen
johnson. replied that Gen. johnson and my
| self had, since our acquaintance, uniformly eX
tended to each other the courtesies OF social in
tercourse that had no unkinC feeling for ant
entertained no hostility towards him. and that j
he entertained either hostile or unkind feelings t.
| me had never seen any evidence of it. He sail
| that Gen, Johnson would like to aid the State a
| counsel; that as chairman OF the committee il
| the Investigation of the questions involved; AM
| that he thought he could render valuable assls
| lance; and besides, said the Senator, he will
charge little or nothing for his services. re
| piled that greatly preferred and had selected
| Judge Robertson my associate, and did no
suppose that Ishould have more than one tina
| vent my acting with Gen. johnson, that had n
auth ority to associate him with me returne
to the office of the Governor, and very soon start
| ed to leave for my office. The Governor followe
| me from his table to the window on the east sid
| and near the door. and said in substance, as fol
| lows General, what are the personal relation
| between you and Gen. Johnson? Are there an
feelings OF personal unklndness between yol
growing out of the investigation made by yo
and others some time since and the suit nov
| pending against Gen. johnson g replied ina
was not conscious Of any unkind feeling on PC
| part, and was not aware OF any on his.
The Governor then said that Judge Keith ha
| called that evening to see him and urged him I
employ Gen. johnson as counsel. stating tnat Ge
| Johnson was fine lawyer, active labor1ous an
| we'll posted upon the questions involved. IN
Governor said he would like to oblige Judg
BE to me- replied that while there was nott
ing in my personal relations with Gen. Johnso
| to prevent that greatly preferred Judge Rober
4 son and if only one counsel was to be employed
insisted on Judge Robertson. The Governor RI
marked that Judge Keith said that Gen. Johnso
not charge any fee Tor t ms ~ n IAN
II yer, I replied that If that was his constructio
OF the resolution, would confer with Judge NJ
bertson, and If it was acceptable to him as it W.
70 me TO have Gen, Johnson with us, would il
vite Gen. Johnson to come ln
INVENT Immediately from the Governors OIL
to the Shafer building, where found Judge X
bertson in the office Of Mr.. Wickham. stated
him that the object OF my visit was to secure h
| services in the Rives cases, and stated to him .
that had occurred at the Governors Office in r
lation to the selection of counsel. The Jud!
with Characteristic modesty) said that in tt
course Of his practice he had not been thrown u
on the line of controversy involved in the cas-
and did not feel that he was in position to rend
to the state that efficient service in the particul
, line of controversy, and thought that had bett
, select some one else thanking me for the col
nliment and personal kindness shown him in 4
offer to employ him. insisted that he shou
, not decline, but consider the matter for a VIII
, |. and let me know the result. He said he would
! 30. and call at my office within an hour, tn
told him all that had passed between the Cover
, or and myself in connection with Gen. Johnsc
Judge Robertson called promptly at my Off
. and said that though he was sincere in Doubt
D his ability to render as efficient service as t
9 state ought to have. yet he regarded it as a c
: made by his State which he could not uisob
e and that he called to assure me OF his acceptau
r and readiness to render any service in his pow
a He then appointed conference for o'clock Il
: evening at my office. / then asked what
i Thought about inviting Gen. johnson. He agre
fully with me that. under the circumstances,