Tribune and telegraph. [volume] (Kenosha, Wis.) 1855-1856, 1856-03-13

Executive Department, and submitting to a
transfer of the Sovereign powers of that De-
partment to whom soever the Judiciary might
deem the proper or the favorte person to adj
minister it,
Whatever my political opponents may have
charged as to the frauds in the township and
county returns of the vote of the State, to meet
the emergencies and accomplish the ends of a
defeated party, the law at least presumes and the
Court ought to presume, that all the officers of
the State have done their duty until the con-
trary appears How far the court have been
governed by this obvious principle of law in
these proceedings, or yielded to political exigen-
cies, shall leave those to judge who have
had personal cognizance of their peculiar de-
ciSlons and rulings in the progress of the
case.
1t is enough for me to know, and say, that |
have no knowledge of any unfairness, much less
of any frauds in the vote or canvass, by which
have been declared the elected Governor of
the State; and am clearly satisfied that | was
elected by an unquesti0nable majority If | be-
lieved the constitution had created any tribunal
to revise the proceedings of the State Canvas
sers | should cheerfully meet any issue of law
or fact which might arise in the fullest invest-
cation of the election, from ;the decision of the
State Canvassers to the real vote and will of
every elector of the State.
But believing as do, that no such tribunal
does, or, without doing violence to the Govern
ment, could exist, | most respectfully decline
submitting my official rights and powers to the
determination of coordinate department,
USuping n jurisdiction unprecedented in the
history of our country, without legal or consti-
tutional warrant, and fraught with the greatest
danger to our institutions. | therefore respect
July, but per-emptorily, and officially, protest
against any further interference with the depart
ment under my charge as the Governor of the
State, on the part of the Court, either by at
tempting to transfer its powers to another, or
direct the course of executive action.
Deeply impressed with the responsibilities I'M
der which act and OF the solemnty of the
oath which | have taken to support the Consti-
tuition of the State, to no infractien Of which l
can submit or consent, and believing that the
Supreme Court will best subserve the interests
of the people of the State and answer the con-
stitutional purpose of its creation, by discharg-
ing its legitimate functions without arrogatng
to itself the high prerogatve Of transferring the
sovereign powers of the government to partizan
claimants, l hereby take my leave of the court
and of these unwarrantable proceedings, in
which the court seem but too willing to receive
my full and unreserved submission and shall
deem it my imperative duty to repel, with all Of
the force vested in this department, any infringe
ment upon the rights and powers which l exor
else under the Constitution.
(Sgned) WILLIAM A. BARSTOW.
Governor of the State of Wisconsin.
I deem this proceeding of the Court to be a
bold and dangerous assumption and usurpaton
of power, which, whether dictated by honest but
misguided Judgment, or by a reckless and parti-
Fan spirit, is equally illegal, and it is the duty
ofevery department of the government and of
every good citizen III the State, to resist it to
the last
Any encroachment by one department of the
government upon or interference with another
department, is a step so destructive to the har-
mony and balance of our Republican system,
that | have felt it to be my duty to call the at
tention of the Legislature to it, and submit to
them whether any, and if any, what proceed
ings should be taken by the Legislature in re-
lation to this assumed jurisdiction of the SUI
preme Court.