Tribune and telegraph. [volume] (Kenosha, Wis.) 1855-1856, 1856-02-21
Madison Correspondence.
Contested Case i'm the Supreme Court
MADISO on, Feb. II. 1856

MAIDS ON, Feb. IA, 1886.
EDS TRIB & TEL:
Arnold, the last on the list of Attorneys has
just concluded his argument before the Supreme
Court, on the question of the Jurisdiction of the
Court in the contested Governorship. Carpen-
ter, of GAINESVILLE; Orion of Madison, and Arnold
of Milwaukee, were the attorneys of Barstow.
and denied the jurisdiction of the Court Ran.
dali of Waukesha, Knowlton of Lafayette, and
Howe Of Green Bay, were the Attorneys OF
Bashford and affirmed the authority of the Court.
The argument commenced on Monday last, and
as l stated, was concluded this Thursday af-
ternoon by Air. Araold. When the Court will
announce its decision, presume it had made
up its mind before the argument commenced, ]
is not known. Probably seon.
/ The position of Barstow's Attorneys-as they
say in the play bills--was novel and startling.
/ In brief it denied entirely any Authority on the
part of the Court, to enquire into the right OF
the individual who occupied the Gubernatorial
chair. to occupy said chair The Executive de-
partment was equal to the judicial, and it was
Just as competent for the Executive to enquire
into the right of the Judges, as of the latter to
enquire into the right of the Executive. The
Executive was the Judge of his own election,
and a successful usurpation even, could not be
canvassed in the Court There was no remedy
but revolution. This was the position in brief
And in conclusion one of them stated in effect,
that BarStow himself was in the opinion that
the Court has no Jurisdiction in the premises,
and should the Court decide that it had jursdic-
tion-unlcss he changed his opinion he would
not appear before the Court to contest the case,
but whatever might be the utimote decision of
the Court, he wouG defend and maintain HIM
self in his place with all the power of the Stale,
for the time being under his command, and wo'd
also call upon the United States for help should
it be required This sounds very warlike and
Defiant and perhaps the Governor means it. If
he does, inasmuch as it is more than probable the
Court will exercise jurisdction-and more than
probable also, that it will decide against him,
there is a prospect Of lively times ahead. pre-
dict that the decision Of the Court will be entor-
ced notwithstanding his Exccliency is acting
Commander-in-chiefo of the Militia.
The Attorneys on the side of Bashford on the
other hand, claimed distinction between the
office and the man. The question did not involve
the Erecutire Department, but simply
question between two men as to which had
right to occupy that departmcnt-which might
be tried and determined as a contest for any 9TH
or office This, it viii be seen, involves, one of
the points in dispute between myself and your
correspondent -. | claimed distinction as
existing between the Government and the Cor
ernor, and that while the Senate recognized the
former, it did not recognize the latter Your
correspondent = 8, denied any such distinction
BIZ the following extracts from the speeches of
the several attorneys of Ba>hford, it will be seen
that their whole reliance r.aitavorablc decision
on the point in dispute, is in the view of the
case taken by myself.
Said Knowlton:
at seemed to him that it did not require any
crest amount OF discrimination 10 distinguish
hatseen the individual and the office and yet
gentlemen here have seemed unable to make the
distinction.
Said Howe:
1T appeared to him that their arguments pre-
scented an almost inexpressbIe confu- on 81 two
IDEAS They blended the person occupy ing the
office, with the office itself.
Said Randall:
3 - his was not q contest between an lnul Nltu'
al and the Executive Department. and whelbcr
this Court decided Bashtord OF Barstow to be
the Governor it in no way intertered with the
Executive Department.
I 1t will readily be seen, that it is one on the
! view of the case taken by these Attorneys that
the Court can exercise jurisdiction or that the
case can be reached. II Barstow really is the
Erceutirc Department, then as the Court cannot
Interfere with that Department, it cannot inter
fcrc with him But he is simply an individual
whose seat for the place is contested, and when
the legislature took at the CONNIE cement OF the
session the usual steps for proceeding with busi-
ness, it dil not recognize Barstow any more
than the Coanty Treas..r Of your County, rec
ognises Chas kpeLn, when lie pays money iatq
the Treasury. 1t SIMPLY recognized the sym
bols and insignia Of otice-as it would be obi
red to do, in whose ever hands those symbols
and insignia might be, leaving the proper tri
5unal to determine between the iadiridUatS wh'
might be scrambling for their possession.
The impression appears to be that the Cour
will decide in favor Of exercising jurisdiction
and that after the decision the matter VIII b'
, pushed forward with as little delay as possible
Il is the opinion of Bashford and his friends, tina
If the matter is tried at all, it will be finally ter
minated before the close of the June term Of III,
Court ;.
SELF REuAxcE-As the culture, esq all,