New-York daily tribune., 1856-03-22
FROM WISCONSIN.
BASHFORD Vs. BARSTOW-THE DEFAULT
ING TREASURER-THE PIONEERS.
of The N. Y. Tribune.

Correspondence of The N. Y Tribune.
MADISON, Wis, Monday, Feb. 1e, 1856.
The last week has been one of more than usual
interest with us. Last Monday was the day set
down for the argument of the case of the GoyeH
orshp before our Supreme Court As you know,
the counsel of Mr.. Barstow, before arguing the
question as to the issue by the Court of the writ
of quo toarranto, asked for by Mr.. Bradfords
counsel nterposed plea as to the Jurisdiction OF
the Court in the case. The hearing of this plea
took place last week, consuming four days, during
which the courtroom was thronged with interested
spectators. Mr.. Barstow's counsel argued that
the Legislative, Judicial and Executive Depart
ments of the Government, were coordinate and
coequal. and. therefore, the Judicial could not
assume power or Jurisdiction over the Executi9e;
and secondly that as the Executive must execute
the decisions of the Judiciary, this would be for
the Executive to execute the law against himself,
which was absurd. To this it was replied very
forSibly by Mr. Bashfords counsel, that this was
not a question of jurisdiction in regard to the
Executive or coordinate department OF the
Government but only question of Jurisdiction In
regard to an tndtridudt wrongruiy In or usurPlug
the Executive Office
To-day the Court gave it's decision, affirming,
without hesitation, its unqualified jurisdiction In
the case The announcement OF this decision was
received with cheers by the assembled crowd; the
conviction having apparently become general, that
Barttow has no better claim to his Office than LOUIS
Napoleon has to his In fact his counsel have thus
far intimated no readiness or ability to prove him
lawfully entitled to hold the Executive ofice, and
have themselves put the case just about on a par
allel with that of Napoleon the Little, treating
as case of successful usurpaton, and
claiming for Bsrstow sort OF divine
right because he has been thus far sue
csssfHl In their argument before the Court
last week they did not hesitate to intimate that
Barstow would rely upon his power as head of the
military force Of the State to keep bis office; and
not few of our people thinking thata civil war
may break out in Wisconsin as well as In Kansas.
Others think that after the sufficient amount OF
bluster has been expended and the bets are all
collected. Barstow will yield to the simple force
of the decision of the highest legal trouRai and
retire to private life.
On the announcement Of the decision OF the
Court this morning, Mr.. Barstows counsel asked
for further space in which to get ready to plead
to the question of the issue OF the quo fedrrdHo.
They should have pleaded TO this question, ac-
cording to the rule of the Court, week ago, and
Bashford's counsel very properly resisted the mo-
tsn for delay and claimed that Il was proper for
the Court at once to pass upon the question OF the
issue of the writ. The Court however, was In
dulcent and granted until Thursdsy next for Bar
stow's counsel to prepare themselves. Ihen We
expect another phase of the all-absokbing case.
Meanw hie Bsrstow is losing his case outside Of
the Court by the established fact that the Treasury
is minus some 1886, 600, of which not cent prob
ably will be recovered Of the Treasurer or his
boDdsmen. 1t is made the duty of the Governor
TO examine the accounts Of the Treasurer once In
three months; but IL does not seem that Barstow
has ever troubled himself with the matter. What
will turn up next we wait 10 see.
On Wednesday last there was, for the first time,
a general meeting Of the early settlers OF this
State, and about seventy persons were IN attend
npce. The occasion was one of so much interest
as for the time 10 divide attention with the pend
inc Guberpstorial contest. Those were recog-
nized as pioneers who were residents of Wiscon-
sin Territery previous 10 July A, lc3o, when the
Territory of Wisconsin was set of and separated
from that OF Michigan. | was struck with the
hale. hearty look OF these pioneers. Most OF
them looked as able as any body OF men TO go out
now and undertake the laying of the foundations
of new State. saw but one in the entire coui-
pany who seemed enfeebled by age or labor Very
few of the heads were whitened. On the whole,
they looked in the very prime of vigorous active
life. And vet these were the men who, twenty
thirty and thirty-fve years ago, stood up IN tais
then wilderness, and with Ak and gun commenced
life where now dwell more than Six hundred
thousand human beings, and where the arts and
refnements Of civilized life abound In a measure
TO satisfy the cravings of almost any.
The Assembly reinqushed its Hall to the old
pioneers; and as we sat there aud listened TO the
simple narratives Of early toll and peril and at-
venture which fel from the lips of the hardy
forefathers Of this growing State, the close con-
uection OF past, present and future was painfully
impressive.
The Old Pioneers Deated Young America 10 q
pretty severe scoring, ia aR address prepared for
the occasion hv cpe 81 or foremost members of