Tribune and telegraph. [volume] (Kenosha, Wis.) 1855-1856, 1856-03-13
MESSAGE OF WIN. A. BARsTow.
Defying the Supreme Court.
EXECUTIVE DEPARTMENT

Defying the Supreme Court.
/ EXECUTIVE DEPARTMENT.
Madison, March 8, 1856.
To Mc Legislature
On the seventeenth day of January last I
was served, in the Executive Chamber, and
while employed in the discharge Of Executive
duties, with the following writ:
STATE OF WISCONSIN,
SUPREME COURT, SIS
The State of Wisconsin to the Sheriff of the
County of Dane, in said State. Greefng
You are hereby commanded to summon Will
Dam A. Barstow. to appear before the Supreme
Court of the State of Wisconsin,, at the capitol
i'll Madison, the seat of Government of said
State, on Tuesday, the fifth day of February. A.
ID. 1856, at ten o'clock A. NJ, of that day, then
and there to answer unto the State of Wiscon-
sin, and to an information upon the relation of
Coles Bashford, filed by the Attorney General Of
said State, in the nature of "Quo Warranto,
by what warrant, he, the said William A. Bar
stow, Claims to hold, use, enjoy, and exercise
the office of Governor of the of State Wiscon-
sin, and to stand to and abide by the order,
judgment or decree of the said Supreme Court,
in the premises upon what shall then and there
be made to appear.
Hereof fail not, and have you then and there
this writ
Witness the Hon. Edward V Wilton,
RI Chief Justice of our said Court at
Madison this 18th day of January,
A. ID. 1856
(Signcd,) LA FAYETTE KELLOGG, CLERK
WIN. X. SMITH, Atty General.
| was we'll satisfied when this writ was seI-
we'd upon me that the Supreme Court had trans
cended its constitutional powers and jurisdio
ton in issuing the same, and | am still OF Opt
Mon that l should have been fully justified in
disregarding the writ. But to avoid any seem
ing disrespect for co ordinate department of
the Government, employed as my counsei Hon.
Jonathan E. Arnold, of Milwaukee, Harlow S.
Orion, Esq, of Madison, and Mat III. Carpenter
of Beloit, to take such steps as should be neces-
sary to bring the question of jurisdiction to the
notice of the court. The proceedings taken on
the part of my counsel are sufficiently stated in
a communication / have this day received from
them as follows
Supreme Court Room,
Madison, March 8, 1856 )
To His Excelency,
WILLIAM A. BARSTOW,
Governor of Wisconsin.
IR:-Having been retained by your Excel
lency to appear counsel, and take proper pro-
ceedings in the matter to the writ of "quo war
ranto," issued from the Supreme Court calling
you to its bar to show cause to the Judge why
you presume to exercise the duties of depart
ment of the government, to which, it has alrea-
dy been determined by the proper authorities,
you were elected by the people of the State, at
the last general election, deem it proper to
inform you, that we have argued, at length but
in vain, again,t the right of the Court, to inter
fere with you while discharging Executive du-
ties by removing you from your Department
On the motion to dismiss the proceedings we
argued that the Court must iudicially know that
you were the Governor of the State; and that
the Court had the same knowledge of your of
fetal character, as you had of theirs, since III
your Case, as in theirs, the same officers had
determined and officially proclaimed the fact.
| But the Court held that the effect of the mo-
ton 20 dismiss was to confess the averments OF
the information that the court could know
nothing outside of it and must conclude that you
held office without "color of right" as mere
wrong doer and usurper. We certainly did not
| suppose, when we filed the motion, that it
would, or that any pleading or proceeding could
! deprive the Court of this judicial knowledge OF
| your official character. But as the Court held
otherwise, we went beyond what we as counsel
| thought you were bound to, and presented to the
Court copies of the determination OF the State
Canvassers that you had been duly elected, by
receiving the greatest number of votes cast for
Governor at the last general election, the GER
tificate of election, and your oath of office, all
authenticated under the great seal OF the State,
and submitted to the Court that they had no
right to entertain further jurisdiction of these
proceedings.
We regret to say that the court held against
us in this; and assert fully and absolutely the
right to remove you from your department. BE
ieving,as counsel, that the court has no author
| ity whatever to entertain these proceedings :;
that we have done for you out of courtesy to the
court all that the honor of your position will per-
mit we submit that you have no further need
of our services.
We think the question has always been politi
cal in substance, and that it is assuming the po-
| litcal form also.
The friends and partizans of the re!ator evil
IDENTIFY so regard it, if we may judge from the oft
repeated never punished applause with which,
in open court, they greet the remarks of his
counsel.
And as the judges i'll canyassing the votes to
ascertain who is the Governor of the State
performing no judicial function, of course you
need no professional aid.
j. +. ARNOLD,
HARLOW $. ORION,
NAT. ii. CARPENTER,