Stories of the Badger State

by Reuben Gold Thwaites

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.

WILLIAM A. BARSTOW

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 fête. 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.