The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-01-06

cause to fear the result Of this trial" The
arguments on both sides covered q great deal
Of ground not strictly pertinent to the case,
and we do not care to follow them any further.
The Court decided that it had jurisdiction.
On the delivery Of this decision, which was
anticipated by both sides, the case assumed
new phase. Mr.. Carpenter, speaking for the
counsel of the Governor de tdcto, formally
announced that their client had Withdrawn
from the case and desired to submit a COM
munication to the Court. This document re-
hearsed the substance of the pleas Of counsel.
Governor Barstow denied the jurisdiction of
the Court, and said, in his conclusions: :-T
shall deem 1t an imperative duty to repel, with
all Of the force vested in this department, any
infringement upon the rights and powers
which I exercise under the Constitution"
This was bold, plump, and to the point, and
was written by man entirely in earnest and
resolved to stand by his words. When he
wrote them he had assurances that neither the
Secretary OF State nor State Treasurer nor
Assembly would recognize any other Governor
than himself, and he had some reason to
believe that the Senate would also uphold
him. He was prepared to defend his posses
sion of the Office he held at all hazards and to
the death. Had his friends been equally bold,
there probably would have been bloodshed.
Sunday intervened, however, and the
most of the members OF the Legislature went
to their various homes. They found rising
spirit OF indignation among the people at the
attitude and threats of the Governor; who, the
people thought, wanted to place himself above
the law. They returned to the capital less
disposed to counsel violent resistance, and
told the Governor that it would be useless aud
dangerous. The communication Of the Gov
ernor was dated on the 9th Of March. On the
18th of that month the Attorney General, who
was friendly to Barstow, adopted the last ex-
pedient of Withdrawing the case. The counsel
for Bashford insisted, however, that the rights
of their client could not thus be sacrificed,
and that the trial must go on, and the Court
was Of the same opinion. Finally, judgment
ousting Barstow was rendered. II was simply
necessary to throw out the votes irregularly
counted by the State Board of Canvassers, as
the official certificates by which Barstow held
the Office of Governor gave the vote at SO, 355
for Bsrstow to &c. 1913 for Bashford.
Even when the final decision was rendered
there was much doubt as to the result, and
Basbford g. friends were not over-confdent. A
Governor whose messages might be rejected
by the legislature and whose signature to
appropriation bills might be treated as a null
lity by the State Treasurer, would be an
imaginary and ridiculous official, and such a
Governor many feared that Bashford might
be. Fortunately, as we have said, few
days. adjournment enabled the legislators to
learn the temper of the people, and when
Governor Bashford sent his first communica-
| tion to the Senate, veteran Democrat, the
ablest OF his party in the Senate, was the first
to move its acceptance, and the Assembly
speedily followed the example. About the
same time the taciturn secretary of State, who
had kept his own counsel, al ofioially ly re-
cognized the Governor de jure. AS nc
moneys could be drawn out of the Treasury
without his signature, his action was de-
cisive. The long agony was over without
bloodshed and without strife, and Governor
Bashford took possession of his Office a:
quietly as any of his predecessors, Barstov
yielding to Constructive force" with the ut
most promptness. And thus ended the frs
and last case OF successful ousting of Stat,
| Governor by State Court.