New-York tribune., 1869-01-04
HOW GOVERNOR WAS OUSTED BY 4
COTKT


The question of submitting the official returns OF
a State election to judicial inquiry has been some-
what discussed since the ventilation of some of the
frauds whereby John T. Hoffman has received an Of
fetal certificate Of his election Governor of this
State There are many who seem to think that such
certificate is final and conclusive, especially since
his Inauguration. Practically it may prove so in the
case of Mr. Hoffman but 1t may be well 10 remind
those who issued the secret circular" which Mr..
Tden was so anxious to disavOw that there is such
thing as legal remedy against the stuling of bal
lot-boxes and the making of false returns.
For this purpose desire to call attention to re-
markabIe case of the ousting Of Governor of Wis
co-sn declared duly elected by the Board of State
CanvasSer and in the possession and exercise of the
powers of his Office by the judgment of the Supreme
Court of that State. The unique in our his
tory. having no precedent while similar case has
since occurred 1t occasoned much local excitement
at the time, anu small civil war between the sup
porters Of the rival claimants seemed to nervous peo
ple Mt one time probable. It marked the end Ot the
dominancy of the Democratic party IN Wisconsin.
and the ascendancy lever since heidi of the Republ-
cans in that State. In its character incidents, and
importanCa il was of the most memorable cases
ever tried before n State tribunal but the renoteness
of the State and the events Of the war-whleh separ
ated us from our preceding history by the breadth OF
a whole generation OF experlencc-haVe practlcaily
put il ont Of memory. -
The case IN o few words. was this: William A.
Barstow, who had been Governor for nearly two
wears was the Democratic candidate for that Office
in 1875. His opponent was Coles A. Bashf0rd, Re.
publican. The campaign was very warmly ana
closely fought, and the result was. for some time
after the election left in dOubt. The Board OF state
CanvasseIs, consisting of the Secretary OF state,
State Treasurer, and Attorney; General. were all
Democrats, having been elected at the same illns
with Barstow. The usual course, and that provided
by the law, for the Board to receive only the re-
turns sent certified by the Boards OF County Can
vassers The State Board however, i'll this instance,
oil nxtraHN fac off
been sent 10 the County Boards. In some coun-
ties. also. supplemental returns were made by
County Boards. and allowed. The State Board,
unanimous, in some instances, went behind the re-
turn Of the Comfy Boards, and allowed votes thrown
ont by the latter Other instances of alleged illegal
action were specified, but these are not 10 our pur
pose which is mainly TO review the main features OF
the case--the Ousting of q Governor by Court. On
the basis Of these 9egei frauds, Mr. Bashford, who
had been sworn in rs Governor by the Supreme Court
on tine first day of the term of the Office having made
due applicatOn 10 the Attorney-General the latter
filed, on the 18th of January, 1856, an information
In the nature Of writ OF quo rdTdnfO, to the elect
that Mr. Bashford was the duly elected Governor OF
Wisconsin, that from the th of that month Mr. Bars,
tow had ntruded into and usurped that otice, and
praying for due process of law againt the latter.
Without following the intermediate steps OF the
case 1t is sufficient to that on the 2d OF February
Barstows counsel moved to dismiss the proceedings
on the ground of want Of jurisdiction. The argu.
ment Of this motion, the bOldneSs OF which excited
the admiration of the Democrats and the horror of
the Republicans, was set down for the 18th Of the
month, and then the interest in tho case began to be
intense all over the State. II was the alabsorblng
topic ia the papers, in political gatherings, and in
private halls Wild threats were met by threats
equally wild. II was reported that the Governor
had all of the Democratic militia companies in
readiness for resistance TO adverse decision Of tho
Supreme Court; that he had proyisioned the Execu@
tive Chamber for prolonged siege that the Secre-
iary of State and State Treasurer would refuse to
recognize any other Governor than Barstow; that
the Democratic Assembly would receive no official
messages from Bashford, in any event. and that, in
case Of serious conflict. the United States forces
wond be sent by q Democratic President TO uphold
the de faco Governor So deep and universal an ex-
element had never before been known in the his
case bnetned c0nspicuously in all OF the larger
towns. The lawyers engaged were the ablest in the
State. Judge Howe, now United States Senator. Mr..
f. g. Ryan, then considered the first lawyer in Wis
cousin. and Dir. A. w. Randall. our Postmaster
General. were employed by Dir. Basllford. On tho
side Of Mr. Barstow were: Mr.. Matt II. Carpenter.