Tribune and telegraph. [volume] (Kenosha, Wis.) 1855-1856, 1856-02-21
The Contested covernorgf,jp Case.

The Contested Governorshjp Case.
That cur readers may have some idea of thc
ground held by Mr.. Barstow and his friends. re-
atiye to the great question that is now exciting
the minds Ct the people of Wisconsin, we shall
give few extracts from tie arguments Of BAR
slows counsel, On the motion to qua5h the pro-
cecdings under the writ Of qs0 ,raryH!o fer want
Of jurisdiction in the Court.
Mr.. Carpenter in opening his argument said:
The Chief Executive Magistrate las sent us
into your presence, to make 1t known to yen
that the Attorney General has filed in your court
an information in the nature OF gao 'raffGHfo,
calling him to show cause why he exercises tie
office Of Governor Of Wisconsin. Ills ENce!'cn-
cy cutertains no doubt that your homer cnee
Informed of what has been done, VIII instantly
dismiss the same, and while he knows hat any
such proceeding in this court cannot cohstfu-
tioualy, and therefore will not pass a"% judge
ncut questioning the authority OF an oNicat q
+ State, Of co ordinate and equal co.!lI'''I'vh
vioh this court Yet lie has been pleased to
send us his representatives, and as sucI 70 ans
wcr he Wi. r. His court, King q IN an q
"a merry mood might ans er his own VIII ana
enter his own court, to enjoy the look or sur
prise with which a Mansfield or Kenyon, Den
mon or Broucham, would learn by his pres,
ence that Ike careless nccromaECv.o they hau
called up spirit that would not down ut th' II
bidding "Go saws the Governor and acquaint
my cousins, the judges, what an excellent lo'lc
our subordinate officers have played upon rs.
And the Governor was like the King IN tie
song, in right gracious mood Bat hlhgs,
Princes and Governors clothed with the terriers
and commanding the thUndcrs Of the State are
often calm and confident when their ministers,
coUnscliors and friends are most anxious and
distressed.
The members of our profession are all grave
and earnest men. We make no fcintS we pay
no Jokes. We know too, that the locu!anty
which your honors would return in kind toyonr
cousin the Governor would be never pardUntd III.
us your subordinate officers. We came there
fore, observing tie etiquette of this court. We
enter an appearance as counsel, and to bring
this matter to your honor's notice, we .iic ac-
cording to the practice of the court, motion
1t is with us as it should be grave and serious
subject"
After somewhat lengthy, and hish-wrought
! pcroration, Mr.. Carpenter proceeds to lay down
his points as follows =
Z" shall argue three propositions.
L. The three departments of the state c"v-
crumcnt tie Legislative, the Executive and the
/ Judicial, are equal, coordinate and independent
of each ether; and that each department. must be,
and is tho ultimate judge of the election and
/ qualification of its own members SUBJECT only
/ to impeachment and appeal to the people
/ 2 That this court must take udlcal notice
OF who IS Governor Of the State, when he was
inaUgerated the commences of his signature,
&c. and therefore cannot hear argument oreyi-
dence upon the subject. That who Is right
fully entitled to the Office of Governor can in no
case become judicial question and
g. That the constitution provides no means
/ for BUSTING 4 successful uSurpation of either Of
/ the three departments Of the Government; that