Marshall County Democrat. (Plymouth, Ind.) 1855-1859, 1856-04-03
Message of Gov. Barstow, of Wisconsin
Resigning his Office.
STATE OF WISCONSIN, ExEcUTIvEl

risdiction In the case of the State on the
relation of Coles Bashford against myself,
and decided that they have the constitu-
tional right to determine who shall exercise
the powers of the Executive Department of
this State, l have deemed it proper to COM
municate to the Legislature what l under
stand have been the proceedings of the
Court slice making my official protest
against their jurisdiction, on the 9th inst,
and also what course l have determined to
pursue. after full and mature deliberation
in relation to the same.
Having held jurisdiction in the case in
defiance Of the most manifest constitutional
reasons against it, and asserted power
which, if carried into execution. necessari-
" brings into dangerous conflict the CO.
ordinate departments of the government,
ana constitutes that tribunal the absolute
and exclusive political power of the State,
it was to be expected that proceedings so
outrageous in their inception should pro-
yress to the end in violation of every prin
ciple of law and judicial usage.
On the 18th inst, the Attorney General,
as he had full right and power to do. and
believing the Court had no jurisdiction in
the case, entered a discontinuance of the
suit. The Court have decided that he had
no right to dismiss the information, and
still hold the case in spite of the Attorney
General. Whereupon that officer, in the
name and on behalf of the people of the
State, demanded that, if the Court will still
proceed with the case, they shall make a
full investigation of the returns of the pop
ular vote for Governor, and proposed to
make an issue upon which the right of Mr..
Bashford to the Executive Department
might be fairly and fully tried and deter
mined. This also the Court has refused.
and have raled that, although the determin-
alton Of the Board Of Canvassers is prma
tacie evidence of my right to that depart
ment, yet that the counsel of Mr.. Bashford
might present to the Court, or rather the
Judges, without even the Intervention of a
jury, er parte evidence to impeach the State
canvass. Accordingly The Court Is now
engaged in hearing parte afhdavits and
evidence from the friends of the relator,
without notice to any other person or per-
sons interested, and without cross-examina-
ton, and are presuming to pass upon the
grave questions of forgery, perjury and
fraud in the election returns, upon such ev
Hence and upon bare inspection of papers,
without a jury, and in the absence and
without the knowledge of the parties i'm
plcated by such criminal investigation.
On such testimony taken in violation of
law. from witnesses prejudiced in favor of
the relator, and in this unheard of and ex-
tra-judicial method Of procedure, In viola
ton of the constitutional right Of trial by
jury, the Court are about to enter a judg
ment in favor of the relator Such judg-
ment Is now, and in my opinion has been,
from the time Of the commencement of this
proceeding, a foregone conclusion with the
Court
When such a judgment is fully entered,
the Executive and Judiciary Departments
will be in open. direct dangerous conflict.
/ can see no other method or means Of its
final settlements except in the exercise Ct
the respective powers, or in the excrtion of
the legitimate force of these Departments.
Such a trial and such an issue are to be re-
GREETED by every citizen IL the State, as the
most dangerous and destructive contingent
cy that could possibly happen in repub-
lican government.
to the peace, character and welfare Of the
State, one Of the Departments, so arrayed
in hostile opposition and defiance of each
other, must yield.
While administering the Executive De-
partment should consider yself recreant
to the high duties imposed upon me by the
constitution, and SO sacrificing the indepen-
dence of the Executive. to yield one jot to
such high-handed usurpation of judicial
power, and as the Governor of the State
shall never acquiesce or submit to it. This
leaves me but one alternative. Although
believe myself to have been fairly and du
Nv elected AS Governor, and have no knowl-
edge or suspicion of any frauds in the re-
turns or canvass Of the vote by which this
result has been ascertained and declared by
the State Canvassers, have no ambition
or desire to hold and exercise the Executive
Department, or any personal honor or en-
olumcnts which it can confer.
Every citizen of this State has, with me,
an equal interest in the preservation of the
government in its integrity, and in the pub
lie peace and welfare. The known polite
al and personal hostility of a majority of
the members Of the Senate will operate to
divert from me. AS the Governor, the nee