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.
Public-domain text, read in full here on John Shaqi.
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