New-York tribune., 1869-01-04

and who has since fulfilled his promise; Mr; AIndlu
the learned and eloquent President of the Milwankee
Bar for over twenty years WITHOUT opl0'ii'"'
Ne CaTnenter presented the main point OF Mr;
Raretovy;s case i'm demanding dismissal Tor want VI
iurisdctlon He held that the three department VI
Tho state Government the legislative, eXecntlVe anu
;ndicial were, equal coordinate, and independent OF
each other and that each must De, anu is .he a.
mate Judge of the election ana quaiihcatiol vi ho
own member or members SUBJECT Only 10 iinptuen WI
ment and appeal to the people; that the Court was
Obliged to take official notice OF tle elecuon' ~ III
auguraton and signature OF the IoYeinol, ILL., siI' nf
that the State Constitution provided no means VI
ousting successful usnlper; Sr; Sal 1p orican
viewed all of the important Engsh anu amer. IN
authorities which could be bronght To oear on lht f
points and urged that by any othei eoisuuctVsn ,h
other denartments existed Int at the mercy OF inc
iudciaTy, "They live not" said he 'by drinking at
the constitutional sources OF pOWer' lhey hso ond5
ON the hone that the indges are good men ana uue
that they cOnline themselves WITHIN anilaoIe dhu
good natnred bounds they have no sheld 10 Iaise ~
their own defense; they have no sword 10 slT,ne 1T
encroachment and uslTpatlon they ssau 10 i1Hn i
erect like warriors. they suppllcate ana plead Iko
women for their own existence AT the close oil ms
argument he insinuated III cautious bu nninls hap
language that even If the Court decided IN aNor OF
its own Jurisdiction the Governor might choose 10
adhere to his own opinion, and defy tne court -.
Judge Howe, on the other fside claimed tnat me
three departments were not independent OF ea,h
other and that if they were, they conld nor 10
checks on another that the question WAS noe S aS
TO the office but as to the individual holding H. ana
that the laws and Constitution OF the State. ana pt
the views of political theorists should decide the
Gnestion He closed by saying that the insnuatlons
T the counsel for the Governor dc fdCO were ont ot
place but that If the parties TO tns cass VIZ " =, 20
remitted TO the ancient right of kngs-li thry arc 70
be told by this Court to resort lIke Tue tTanami
of their fights-the relator tBashioid mas no jus
cause TO fear the result of this trial. ne arguent t
on DPt rtnept 70 the case and do TO
Soow tbem any further The Court decided that II
na1 a. th dcvery of this decision which was antci-
mated by both sides the case assumed q nev pnase.
Nr Carpenter, speaking for the connsel OF tne Eo
ernor dc tdcto formally announced lat wen m ,hit
had withdrawn from the case and desired 10 submit
a communication to the Court. ms dOcuinenI rc
hearsed the substance of the pleas OF counsel uov;
Barstow denied the Jurisdlctlon OF tne Co,iIt, "io
aa;I i'm his conclusion: shall deem IL my lnpera-
five duty to repe rih all Of me Jorce res'ed ~ u's
department any infringement npon t9e IlG.us r'
noyyers which exercise under the COnstltutlon.
This was bold plump and To the point, ana was VIII,
ten bv man entirely in earnest ana resolved 70 stnu
by his words When he wrote them he hau ass., esu,
ances that neither the Secretary OF state nor olo
Treasurer nor Assembly would recognize any other
Governor than himself. and he had some reason 10
helieye that the Senate would also uphold him. lie
was prepared TO defend his possession OF the ONCE o
held at all hazards and TO the death llAu Ms lIishus
heen equally bold there probably would have been
a sunday irtcryened. however, and the most of the
members of the Legislature went To their various
homes. They found a rising spirit oi lndigna'o,n i,
among the people at the attude anu ,Iea's - ene
himself above the law They returned to the capital
less disposed to counsel violent resistance ana tOd
the Governor that it would be useless ana
The communication of the Governor was dateu on
the sth of March, On the 18th OF that month INC
Attorney-G General, who was friendly 10 BaietoW'
adopted the last expcdcnt of Withdrawing the case
The counsel for Bashford insisted, however maj the
rights of their client could not thus be sacrhce ana
that the trial must 60 on, and the Court was OF the
same opinion Finally, a Judgment ousting l'aIeto",
was rendered Ii was simply necessary To throw ont
the votes irregulary counted by the State Board OF
Canvassers as the official certificates By when
Barstoy held the Office of Governor gave tho vote at
So 355 for Barstow to &C. 19s fol Bashford.
Even when the final decision was rendered tnere
was much doubt as TO the result anu Bashl9rus b
friends were not over confident. a Governor whose
messages might be rejected by the Legislature, ana
whose signature TO appropriation bills might De
treated as nullity by the State treasurer wond DC
an imaginary and ridicueus official. and such Gov
ernor many feared that BashfOrd might be- foTtu-
nately as we have said, few days adJouinmsht on
abed the legislators 10 learn the temper OF the eo-
ple and when Governor Bashford sent his first com
inunication to the Senate veteran Democrat, the
abst of his party i'm the Senate the first To moN
lis acceptance and the Assembly speedily followed
the example About the same time the taeiurn Sec
refary of State who had kept hs own counsel. also
officially recognized the Governor dcjHre A. no mo-
news could he drawn out of the Treasury without ms
signature his action was decisive. The long agony
Vas over without bloodshed and wthnut STRIFE,
and Governor Bashford took possession OF his office
ns ouetly az any Of his predecessors Barsiow yield
inc 10 constructive force with the utmost prompt
ness And thus ended the first and last case of stc-
cessful Oustng of State Governor by State Court.