The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-03-18
Eup nJpFCULFY IN WISCONSIN. ATTEMPTED
IuauppATION OF POWER BY THE SUPREME
SnfiRf OF THAT STATE,--G0Y. BARSrO rows MES

SAGE.
We have already been advised by telegraph Of the at
smp TO Dust r Barstow from the gubernaoria chair Of
Wisconsin through the action Of the supreme court of that
State The case as it stands is thus briefly and plainly
stated by the Cleveland (oho) Plain Dealer
ale Governor Barstow) elected BY an undoubted
aorty Of the legal voters Of the State The eanyassers
anonied by law aud n accordance with The constitution
nave examined and duly certified 70 his election
He was sworn ill., and has since been exercising The rights
and dischargng the duties Of the chief executive Of the
State -,
him the legal governor Coles Bashford fusion know
nodina candidate for The eihce applies to fusion
know-notbing State court for a writ OF custer.
aMr Barstow receives notice Of said application, and
out Of respect TO coordinate branch OF the state gov
eminent appoints counsel 10 wait upon It's deliberations
But when lie fads this court looking beyond The legal
form and effect OF his certificate OF election, attending TO
duties belonging exclusively 10 the State eanvassers and
usurpng powers belonging to the legislature and The
ecuye be retires by counsel from this Shanghai court
and gives these modern Jees TO understand that IT they
want Coles Bashiord governor they must first manage to
elect him by the people, and quay him or SAID executive
position by due course or law.
aThe court however have decided to go for Bashford
The legislature aud the people go for Barstow The ssue
Is thus made up Both have been sworn INTO omee-bar-
stow first Bashford last"
We have before us the special messageo Gov. Barstow
to the legislature Of Wisconsin, in which he informs that
body of the action taken by the supreme court The mes
sage covers the following firm and temperate communiea-
ton from Gov Barstow 10 the supreme court: -.
ait is of course known you that the l7th day Of
January last, summoned by writ issued out OF
your honorable court TO appear in said court and show by
what warrant hold and exercise the Office OF governor Of
the State OF Wisconsin. ..a
"At that time firmly Of the opinion that the court
had Jurisdiction whatever 10 entertain such proceed
ing against the person in whom the constitution had vested
the executive power of the State and then dschargng the
duties of that department of the government which, by
the and necessity of the government ITSELF is CO.
anAin Aan 1anf Will pnnrn
that seeming dsrespect to your department might be
chargeabe 10 the executive at employed able legal
counsel to examine the question OF your jurisdiction in the
premises and to take such steps they may deem visa
Bile fully present the question and urge the legal and
constitutional why the court should dismiss the
proceedings.
without conserving TO Jurisdiction which, If exercised by
the court must be obvious to any impartial mind would
a once destroy the harmony and datance Of the three
sovereign departments OF the State government and con-
ceutrae in the Judiciary imperial poSer which would
be the end Of republican government in any FORM The
and determination OF the vote OF the State for gov
erno the last general election by the board OF State
Ganvasers the tribunal in which the legislature have
vested the fullest Judicial power and discretion in the mat
ter their decision and certificate declaring duly elected
the governor of the State together with my oath of Of
fee been twice presented and spread the records
of the courtfrst by stipulation and consent and after
wards by plea inform the court OF official character
as governor by the evidence by which the supreme
court itself is known to the other departments to be in
legal existence and the present neumbens On the bench
to be the judges. " @s
at has been properly urged to the that these pub
lie records and the action Of the constituted authorities OF
the Sateare within the judicial knowledge Of The court
without plea proofs but TO leave no doubt upon the sub
iec they have first been twice submitted 20 the court
authenticated by the great seal of the STATE.
This was all that could do without compromising the
integrity and independence OF the executive department.
and submitting transfer of the sovereign powers OF
that department TO whomsoever the Judiciary might deem
the proper or the fayorte person to administer it,
"Whaever my political opponents may have charged as
the frauds in the township and county returns of the
Of the State meet the emergencies aud accomplish
the ends of defeated party the law at least pesune and
the ought presume that all the officers of the
State have done their duty until tho contrary appears How
far the court have been governed by this obvious principle
of law in these proceedings, yielded political exgeD
ces shall leave those Judge Who have had personal
eognianee Of their peculiar decisions and rulings in the
progress OF the case.
at 10 enough for TO know and my that have no
knowledge Of any untairness much lees Of frauds in
the by which have been declared the elected gov
ernor of the State and clearly satisfied that was
elected BY unqnestonable majority. II believed the
constitution bad created any tribunal 10 revise the pro-
ceedngs Of the State canvassers should cheeruly meet
any issues Of law fact which might arise IN The fullest
investigation OF the election from the decision OF the State
canvasses 10 the real vote and will Of every ectOr in the
State.
But believing do that no such tribunal does, or,
without doing violence 10 the government could exist
most respectfully decline submitting my Official rights and
powers the determination of coordinate department
usurpng jurisdiction unprecedented in the history of
country, without legal or constitutional warrant and
frsught with the greatest danger to institutions
therefore respectfully, but peremptoriy and officially
protest against any further interference with The depart
ment under my charge the governor Of the State the
part Of the court either by attempting to transfer s pow
ers to another direct the of executive action
Deeply impressed with the responsibilities under which
act and Of the solemuy Of the oath which have taken
10 support the Constitution Of the State to inracuon Of
which can submit consent and believing that the
preme court viii best subserve the OF the people
Of the State and the constitutional purpose Of It's
Creation by dscsrging lis legitimate functions without
arrogang to itself the high prerogaye Of transferring the
sovereign powers Of the government TO partisan claimants
hereby take leave OF the court and Of these
able proceedings in which the but willing
TO receive my foil and uBreserved submission and shall
deem my imperative duty repe with all Of the force
vested 10 this department. any infringement upon the
rights and powers which exercise under the constitution"
After reviewing whole Of the proceedings in this
traOrdinary case, the last Madison Argus says:
The issue is joined. 0eY Larstow does not I'M
der no circumstances Ee acknowledge the power Of
the court to dispose Of the department Of The executive
70 dispose the chief magistrate Of the State and place
their avorite and instrument In his place Commanding
the executive power Of the State without exercise OF
which no judgment Of the court itself DO enforced he
places himself upon he hts vested In him under the
sutuon and with dignity with frrHcss aud with oonci
sire daerEaqiion ury and 10 ne lat uiH rspd epery
Esuypqt'oH Of he supreme eoprcpcry htgL-k0sded ossup
ton Of porT and spory mondas directed against him.
LITERARY NDTICEG