Tribune and telegraph. [volume] (Kenosha, Wis.) 1855-1856, 1856-03-27
rarswen" MESSAGE OF BARsrow,
STATE OF WISCONSIN. )

STATE OF WISCONSIN, .
EXECUTIVE DEPARTMENT. March 81, 1856
To The Legislature:
The Supreme Court having assumed jurisdiction
in the Of the State on the relation of Coles Bash
ford against myself and decided that they have the
Constitutional right to determine who shall exercise
the powers Of the Executive Department OF thls Stare
have deemed it proper TO communicate 10 the Leg
slature what understand TO have been the proceed
ngs of the Court since making my official protest
against their jurisdiction, the Sth inst and also
what course have determined to pursue after full
and mature deberation IN relation 20 me same.
Having held jurisdiction in the case in defiance of
tho most manifest constitutional reasons against il
and asserted power, which, ifcarred into execution
necessarily brings into dangerous conflict the coor
dnate departments OF the Government and cOnsti-
tuts that tribunal the absolute and exclusive polit
zeal power of the State it was to be expected that
proceedings Outrageous in their inception should
progress 70 The end, ii violation every principle of
law and j; dici6 usage.
On the 18Th instant the Atty. Gen, as he had the
full right and power to do, and believing the Court
have no jurisdiction III the case, entered dscontn
ofthe suit The Court have decided that he had
right dismiss the information and still hold the case
in spite of the Attorney General. Whereupon that
officer III the and ON behalf of the people of the
State, demanded that if the Court VIII still proceed
with the case they shall make full nvest CATION of
the of the popular vote for Governor, and
proposed to make an issue upon which TIC ght OF Mr.
Bashford to the Executive Department might be fair
" and fuvtred and determined This also the Court
has refused and has ruled that allho the determina
tion of the Board of Canvassers is priIna facie evil
dence 81 my right that department; yet that the
counsel of Mr.. Bashflrd might present to the Court
rather to the judges without the intervention
of jury, parte evidence to Impeach the State
Canvass Accordingly the Court is now engaged in
hearing parte aft davs and evidence from The
political friends of the Reator without notice to any
other person persons interested and without
cross examination and are presGming 10 pass upon
the grave questions of forgery perjury and fraud
the eieoton returns, upon such evidence and upon
of E.F,rtf no
absence aud withOu. the knowledge of The parties
implicated by such criminal investigation.
On such testimony taken in violation Of law, from
Witnesses preiud ced in favor Of the keat0r and IN
this unheard OF and extra udicial method of pro
cedure, in violation Of the constitutional right OF
trial by jury the Court are about to enter judy
ment in favor OF the keiator. Such judgment is
now, and in my opinion has been from the time Of
the commencement Of this proceeding fOle9one
conclusion with de Court.
When such judgment is fully entered the Exc
cutive aud JUDICIARY Departments VIII be in open,
direct and dangerous conflict | can other
method means of its final sci cmeut except i'm e
exercise o the respective powers, or Ill the eXcrtou
ef the legitimate force OF the Departments. Such
trial am such issue tn be regretted by every
citizen of the State, the most dangerous and dc
slructve contingency that could possibly happen III
Kepuul can Government.
10 avoid such a contest so destructive to the
peace, character aud welfare of die State one OF tie
Departments, afrayed III hostile opposition and
defiance Of each other> must yield
WI e administering tire Executive Department,
shoud consider myscf TeCreant TO the hirh dnties
imposed upon me by the CONSTITUTIONS and so sacri-
ficiug the independence of tire Executive, yield
one lot to such high handed usurpation OF judicial
power, and as the Governor of the State | shall
never acquesce or submit to H. This leaves me but
one alternative Although believe myself to have
been fairly and duly eocCed as Governor and have
no knowledge CIR suspicion Of any frauds in the re
turns Of the vote by which this result has
been ascehaned ami declared by The State canvas
have ambition desire to hold and
eise ne EXecut We Department for any personal
5t.ar afao Uucs = v 'ch II can confer.
LFcty li}len or Tins state has with Inc an equal
nieiest III Inc preaervaron OF the G 5vernment in
"a me -riiy, aHd y liz public peace and welfare
Iue known poluical and personal hostility of a ma
u ~ % The Jacmbcrs of the Senate will operate to
divert from the Governor, the necessary
means 90 bear the public bur hens and meet the
necessary expenses OF conducting This conflict to
fine. ,s.ue ana result, tha | W ouId be compelled
H. rely upon my own personal resources 10 meet
crs,s which threatens to be turbulent. belligerent
and continued
In this alarming and perilous emergency of the
State Government the public demands sacrifice to
save the State from the calamity of civil strife and
to preserve the public peace.
l have no doubt whatever that the people would
eventually sustain me IN the independent discharge
OF the duties Of the Executive Department against
this extra Judicial proceeding, but have no dis
position TO call them to the support of my personal
claim to that official station TO hazard in so doing
their own peace and the public tranquility. Feeling
have constituonGlly and lie gally received The Exc
cutlye authority of the Government, in tho present
dangerous attitude of tic case chall return to them
the power they have so conferred upon me and in
doing shall seek the best good of the State and
consult my own personal convenience and interests
| am positive that when the political feeling and
excitement with which this proceeding has been in
vested, and cannot but believe by which it has nj
been instggted and influenced shall haveieft the
public mind free 10 an impartial and candid inves-
tiGaton, shall be fully vindcated both as TO the
law aud the facts. And shall adopt the means at
some early day, to place the whole case before the
people in its true bearings and position and await
their Judgment with full confidence
With these views and influenced by these considc
ratons herewith tender to the Legislature my re-
signation Governor
WIN A. BARSTOW,
STATE OF WIscoNsIN, EXECUTIVE DEPT,
Madison, March 81 1856 {
To the Legislature As the Governor of The S ate
Of Wisconsin, hereby resign to you the Execut We
Department.
WV. A. BARsrow.