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 the 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, had 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 1854-55.

[Illustration: COLES BASHFORD]

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.

[Illustration: WILLIAM A. BARSTOW]

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

nearly every point raised, ruled in favor of the Bashford 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.

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