The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-01-06
How Governor Was Ousted BY q Court.
From The N. Y. Tribune.


From the N. y Tribune.
The question Of submitting the official re-
turns OF State election to judicial inquiry
has been somewhat discussed since the venti-
lation of some of the frauds whereby john T.
Hoffman has received an official certificate Of
his election as Governor Of this State. There
are many who seem to think that such GER
tifcate is final and conclusive, especially since
his inauguration. Practically it may prove
80 in the case of Mr.. Hoffman; but it may be
well to remind those who issued the ''secret
circular" which Mr.. Tilden WAS so anxious
to disavow, that there is such thing as
legal remedy against the stufing of ballot
boxes and the making of false returns.
For this purpose we desire to call attention
to remarkable case of the ousting of Gov
ernor of Wisconsin, declared duly elected by
the Board Of State Canvassers, and in the pos
session and exercise of the powers Of his Office,
by the Judgment of the Supreme Court ofthat
State. The case was unique in our history,
having no precedent, while no similar case has
since occurred. 1t ocoasioned much local ex-
element at the time, and small civil war
between the supporters of the rival claimants
seemed to nervous people at one time probable.
1t marked the end of the dominancy of the
Democratic party in Wisconsin, aud the
ascendancy (ever since heidi of the Republi-
cans in that State. In its character, incidents,
and Importance it was one Of the most memo
but the remoteness of the State and the events
of the war--whiOh separated us from our pre-
ceding history by the breadth of whole gene
ration of experience-have practically put it
out of memory.
The case in few words, was this: William
A. Barstow, who had been Governor for
nearly two years, was the Democratic candi-
date for that Office in 1858. His opponent
was Coles A. Bashford, Republican. The
campaign was very warmly and closely
fought, and the result was for some time
after the election, left in doubt. The Board
Of State Canvassers, consisting Of the Secre
tary of State, State Treasurer, and Attorney
General, were all Democrats, having been
elected at the same time with Barstow. The
usual course, and that provided by the law,
was for the board to receive only the returns
sent certified by the boards of County Can
vassers. The State Board, however, in this
instance, allowed votes Of towns, statements
of which had not been sent to the County
Boards In some counties, also supplemental
returns were made by County Boards, and
allowed. The State Boards, unanimous in
some instances, went behind the return OF the
County Boards, and allowed votes thrown
out by the latter. Other instances of alleged
illegal action were specified, but these are not
to our purpose, which is mainly to review the
main features Of the case-the ousting of q
Governor by Court. On the basis of these
sworn in as Governor by the Supreme Court
on the first day of the term of the Office, having
made due application to the Attorney General,
the latter filed, on the 18th Of January, 1856,
an information in the nature of writ of que
Wdrrdnto, to the effect that Mr. Bashford was
the duly elected Governor of Wisconsin,; that
from the 7th of that mouth Mr.. Barstow had
intruded into and usurped that Office, and
praying for due process of law against the
latter.
Without following the intermediate steps of
the case, it is sufficient to say that on the I'd
of February Barstow's counsel moved to dis
miss the proceedings on the ground of want OF
jurisdiction. The argument of this motion,
the boldness of which excited the admiration
of the Democrats and the horror of the Re-
publcans, was set down for the 1lth Of the
month, and then the interest in the case
began to be intense all over the State. 1t was
the all-absorbing topic in the papers, in
political gatherings, and in private halls.
Wild threats were met by threats equally
wild. It was reported that the Governor had
all of the Democratic militia companies in
readiness for resistance to an adverse decision
of the Supreme Court; that he had provisioned
the Executive Chamber for a prolonged siege;
that the Secretary of State and State Treasurer
would refuse to recognize any other Governor
than Barstow; that the Democratic As
sembly would receive no official messages
from Bashford, in any event; and that, in
case of serious conflict, the United States forces
would be sent by Democratic President to
uphold the de tacto Governor. So deep and
universal an excitement had never before
been known in the history of the State, and
every detail concerning the case was bull
letined conspicuously in all of the larger
towns, The lawyers engaged were the ablest
in the State. Judge Howe, now United States
Senator, Mr.. Z g. Ryan, then considered the
first lawyer in Wisconsin, and Mr.. A. W. Ran
dali our Postmaster General, were employed
by Mr. Bashford. On the side of Mr.. Bar
stow were Mr.. Matt. II. Carpenter, then the
most promising lawyer in the Northwest and
who has since fulfilled his promise; Mr.. Ar
nold the learned and eloquent President oi
the Milwaukee bar for ever twenty years with
ont opposition, and Judge Orton.
Mr.. Carpenter presented the main point o
Mr.. BarstOw's case, in demanding q dismissal
for want of jurisdiction. He held that the
three departments OF the State Government
the legislative, executive, and judicial, were
equal, coordinate, and independent of each
other and that each must be, and is the ult
innate judge of the election and qualification
of its own member or members, subject only
to impeachment and appeal to the people
that the Court was obliged to take offcia
notice of the election, inaugu uration and sigma
ture OF the Governor, and that the State con
stitution provided no means Of ousting sue
cessful usurper. Mr.. Carpenter reviewed all O
the important English and American authori
ties which could be brought to bear on thes
points, and urged that by any other construc
tion the other departments existed but at tn
mercy of the Judiciary. "They live not,
said he Hby drinking at the constitutions