STORIES OF THE BADGER STATE. A FIGHT FOR THE GOVERNORSHIP ==================================================================== USGENWEB ARCHIVES NOTICE: In keeping with our policy of providing free information on the Internet, data may be used by non-commercial entities, as long as this message remains on all copied material. These electronic pages may NOT be reproduced in any format for profit or for presentation by other persons or organizations. Persons or organizations desiring to use this material for purposes other than stated above must obtain the written consent of the file contributor. This file was contributed for use in the USGenWeb Archives by: Tina S. Vickery ==================================================================== STORIES OF THE BADGER STATE by Reuben Gold Thwaites New York Cincinnati Chicago American Book Company Copyright, 1900, by Reuben Gold Thwaites. Sto. Badger Sta. W. P. 7 page(s) 216-221 A FIGHT FOR THE GOVERNORSHIP BETWEEN the time when Wisconsin became a state (1848), and the opening of the War of Secession (1861), party feeling ran high within thee new commonwealth. Charges of corruption against public officials were freely made; many men sought office for the plunder supposed to be obtained by those "inside the ring"; newspaper editors appeared to be chiefly engaged in savage attacks on the reputations of those who differed from them, and general political demoralization was prevalent. When, however, important issues arose out of the discussions of the strained relations between North and South, a higher and more patriotic tone was at once evident, and this has ever since been maintained in Wisconsin politics. The most striking event of the years of petty partisan strife which preceded the war, was the fight for the governorship of the State, between William A. Barstow and Coles Bashford. Barstow, a Democrat from Waukesha county, bad been secretary of state during Governor Dewey's second term (1850-51). Owing to bitterness occasioned by the rejection of the first State constitution, the Democratic party in Wisconsin was torn into factions, at the head of one of which was Barstow. While serving as secretary of state, he made many enemies, who freely accused him of rank official dishonesty, and associated him with the corrupt methods of the early railway companies which were just then seeking charters from the legislature. Nevertheless, like all strong, positive men, he had won for himself warm friends, who secured his election as governor for the year 18 54-55. His enemies, however, grew in number, and their accusations increased in bitterness. His party renominated him for governor; but he had lost ground during the term, and could not draw out his full party strength in the November election of 1855. Besides, the new Republican party, although as yet in the minority, was making rapid strides, and voted solidly for its nominee, Bashford, a Winnebago county lawyer. As a result, the voting for governor proved so close that for a full month no one knew the outcome. Meanwhile there was, of course, much popular excitement, with charges of fraud on both sides. Finally, in December, the State board of canvassers met at Madison. It consisted of the secretary of state, the State treasurer, and the attorney- general, all of them Barstow men. Their report was that he had received one hundred fifty-seven more votes than his opponent. The Republicans at once advanced the serious charge that the canvassers had deliberately forged supplemental returns from several counties, pretending to receive them upon the day before the count. Large numbers of people soon came to believe that fraud had been committed, and Bashford prepared for a contest. Upon the day in early January when Barstow was inaugurated at the capitol, with the usual military display, Bashford stepped into the supreme court room and was quietly sworn in by the chief justice. Thereupon Bashford appealed to the court to turn Barstow out, and declare him the rightful governor. There followed a most remarkable lawsuit. The constitution provides that the State government shall consist of three branches, legislative, judicial, and executive. It was claimed that never before in the history of any of the States in the Union had one branch of the government been called upon to decide between rival claimants to a position in another branch. Barstow's lawyers, of course, denied the jurisdiction of the court to pass upon the right of the governor to hold his seat ; for, they argued, if this were possible, then the judiciary would be superior to the people, and no one could hold office to whom the judges were not friendly. There was a fierce struggle, for several weeks, between the opposing lawyers, who were among the most learned men of the State, with the result that the court decided that it had jurisdiction; and, on every point raised, ruled in favor of the Bash-nearly ford men. Before the decision of the case, Barstow and his lawyers withdrew, declaring that the judges were influenced against them by political prejudices. However, the court proceeded without them, and declared that the election returns had been tampered with, and that Bashford really had one thousand nine majority. He was accordingly declared to have been elected governor. This conclusion had been expected by Barstow, who, determined not to be put out of office, resigned his position three days before the court rendered its decision. Immediately upon Barstow's resignation, his friend, the lieutenant governor, Arthur McArthur, took possession of the office. He claimed that he was now the rightful governor, for the constitution provides that in the event of the resignation, death, or inability of the governor, the lieutenant governor shall succeed him. But the supreme court at once ruled that, as Barstow's title was worthless, McArthur could not succeed to it, a logical view of the case which the Barstow sympathizers had not foreseen. It was upon Monday, March the 24th, that the court rendered its decision. Bashford announced that he would take possession of the office upon Tuesday. There had been great popular uneasiness in Madison and the neighboring country, throughout the long struggle, and the decision brought this excitement to a crisis. Many of. the adherents of both contestants armed themselves and drilled, in anticipation of an encounter which might lead to civil war within the State. There were frequent wordy quarrels upon the streets, and threats of violence; and many supposed that it would be impossible to prevent the opposing factions from fighting in good earnest. Affairs were in this critical condition upon the fateful Tuesday. Early in the day people began to arrive in Madison from the surrounding country, as if for a popular fete. The streets and the capitol grounds were filled with excited men, chiefly adherents of Bashford; they cheered him loudly as he emerged from the supreme court room, at eleven o'clock, accompanied by the sheriff of the county, who held in his hand the. order which awarded the office to Bashford. Passing through. the corridors of the capitol, now crowded with his friends, Bashford and the sheriff rapped upon the door of the, governor's office. McArthur and several of his friends were inside; a voice bade the callers enter. The new governor was a large, pleasant-looking man. Leisurely taking off his coat and hat, he hung them in the wardrobe, and calmly informed McArthur that he had come to occupy the ,governor's chair. "Is force to be used in supporting the order of the court?" indignantly asked the incumbent, as, glancing through the open door, he caught sight of the eager, excited crowd of Bashford's friends, whose leaders with difficulty restrained them from at once crowding into the room. "I presume," blandly replied Bashford, "that no force will be essential; but in case any is needed, there will be no hesitation whatever in applying it, with the sheriff's help." McArthur at once calmed down, said that he "considered this threat as constructive force," and promptly left his rival in possession. As he hurried out, through rows of his political enemies, the corridors were ringing with shouts of triumph; and in a few moments Bashford was shaking hands with the crowd, who, in the highest glee, swarmed through his office. The legislature was divided in political sentiment. The senate received the new governor's message with enthusiasm, and by formal resolution congratulated him upon his success. The assembly at first refused, thirty eight to thirty-four, to have anything to do with him; but upon thirty of the Democrats withdrawing, after filing a protest against the action of the court, the house agreed, thirty-seven to nine, to recognize Governor Bashford. Thereafter he had no trouble at the helm of State.