Tribune and telegraph. [volume] (Kenosha, Wis.) 1855-1856, 1856-01-24
For the Tribune &c Tciegrd plt,
Republioanism In the Senate.

For the Tribune .e Telegraph,
Republicanism In the Senate.
There seems to be considerable discussion in poll
tical circles in respect to the consistency of the Re
publican members of the legislature in receiving the
message of w. A. Barsow and thus virtually rscog-
nizing him to be the Governor of the State There
may be honest differences of opinion in this matter,
and the remarks in this article not intended to
eensure, but simply to present some aspects of the
case which seem TO be demanded.
! The term of Office for which Barstow elected
two years ago last November expired by law on the
first day of january, 1856. Whatever rights he &c.
CURED to the office by virtue of his first election of
course avail him nothing, from and after that period.
State and legislative officers not allowed to hold
over until their successors elected and qualified
as in the of county and town officers. The ques-
ton therefore is simply, whether Barstow was elect
ed to the office of Governor at the annual election in
November last by majority of the legal voters of
the State If the republican members of the Senate
were III doubt to the to this question, then
there might perhaps be some apology for recogniz.
ing him as governor But it does not appear that a
single Republican member of the legislature has a
particle Of doubt this points every one is as fully
convinced, as he could be of the truth of a mathe
matical problem that Coles Bashford is the legally
elected Governor by the people. Every republican
member, who has expressed himself on the floor OF
either house. or elsewhere, does not hesitate TO de-
clare that Barstow obtained his certificate of cleo
ton, by frauds unparalleled in the history ofany po-
itlcal contest in this country, and that he is a
per OF the place he now occupies. This then being
publicly confessed where is the consistency of ac-
knowledsing such q man the Governor of Wiscon-
sin.
But 1t is said, il do no harm, it will not pre-
JUDGE the legal right of Bashford TO the office Well
suppose does not is that good reason for recognz
ing man as chief magistrate of the State, whom the
people did not elect but who has managed his way
into the gubernatorial chair by the consumatc
vilainy! But that certificate of election, it 10 said
must be revercnccd, although it is deliberate i'm.
posture owes its importance to forged returns, and
the voice of more than thirtysix thousand Republi
can voters proclaim it le If the simple consdera.
ton of certificate of election is to be deemed sui
fcient passport to the highest office in the State then
1t may so happen that the most consumate traitor
plotting the overthrow of our free institutions, may
succeed in obtaining tie executive chair of State
and the legislature must needs acknowledge him in
his usurpcd position. 1t matters not whether man
| be declared elected by counting for him few hun
dred votes which he received, or by the rciec
ton of twenty five thousand votes given for his pc
litcal opponent; both would be equally Il
fraud and the illcgality would be great i'll the one
case the other.
1t is true the forms of law must be respected but
when the commission of fragrant anG publicly known
wrongs, arc committed upon the rights of the people
under pretence of law, then respect for the mere
techncality of form is questionable. There are Inn
itations to legal observanccs especially when revo
luton is attempted; and what is an effort to usurl
the chief mag tracy of the State but revolution
airy movement! But in the case now under con
sideraton, resistance to law is demanded, nor il
any necessary; all that has been wanted is u little
| back bone"
1t is urged, the legislature have no right to inter
fcre in the contest between Barstow and Baslford
that question by the law belonging TO another tribu
nal; that each house is competent to judge of the
qualification of its own members and that neither
house have the power TO enquire into the legal con
stltution of another department of the government
Without stopping, to notice the exceptions, which
may be taken ~ statements like these, one thing Ii
certain the law imposes necessity the leg
slaturc to shut its eyes to existing facts the republ
can members lgnhesitatnglv declare that Barstow ia
not the legally elected gov crnor tfen by what law
oath of office public Obligation they com pellec
to recognize him suchl Is there such pressing
ccssity TO lcgisate, TO justify acknowledging n
of an executive branch of the government, holding
its place by fraud and usurpatioE! Besides the de
termination of the question by the Supreme Court
as TO who is the legally elected governor, is not
point easily reached. If the law were e1 pcit il
the case, if the mode of procedure were clearly de
fined, in ordinary which come before the
courts, then the matter of redress might be neQuiv
cal and certain. But tie case is extraordinary
one scarcely lawyer i'll the State has been able tC
state explicitly the of procedure for the rca
that a n in this or any other state spicical
| y provides for such villany. Legislatures seen
never TO have contemplated the possibility OF such
wholesale scoundrclism, and hence have never en-
acted laws specifically to meet such an emergency
The following facts stand admitted by all who are
not blinded by p;rtiz0n zeal, or constrained to 81
cncc by party subscrv cncy:-Colc5 BashfOrd re
ccivcd majority of the legal votes ven for the Of
fee of Governors he has takc en- the oath of Office and
/ qualified according to law. W. A. Barstow did MOI
receive majority of the legal votes aud all the
dcncc he has TO show, is a certificate based on fab
r;cntcd and illegal returns. Which, then is the le
gal Governor Darstow or l}ashiord? As the Legis
aurc is now constituted, it was Of course impossible
to recognize Bashford the rgltful Governor
Had ten thousand fabulous votes been conntcd fur
Barstow, from election precincts, which have cl
stencc IN the State it probably woud have matte.
ed but little vita the 2, escnt majority in tie Assem-
bly, Blu. it was possible for one 6ranch Of the Legis
laure to have refused 10 recognize Barstow as the
Governor OF the State 1t is replied, that such q
! course would havo arrested legislation: certainly il
It would, but is there not Pric7p1c above TIE mere
necessity Of gisaton, involved here! Is there not
great right-n right regarded sacred belonging tc
our free Institutions which is tramplcd down for The
consideration of passing few bills The worst
forms of tyranny heve sought justification under col
or Of law. If the State tamcly submits to the huml
aton of acknowledging usurper in one branch q
'the government, then ere long may be required tt
submit to the degradation of further usurpatons
until the right Of self government is entirely wlcsted
from the people. The only safety is in resisting
promptly, the first advances Of Legitimate power
-
MADISON, Jan. 81.
AssEMBLY.-Met at 5 7. NJ. Journal of Sat
urday read and adopted. Several petitions and
memorials were presented and referred 10 ap-
propriate Committees.
! ENROLLED BIILS.-M. Cram made report