Edward Vernon Whiton (June 2, 1805 – April 12, 1859) was an American lawyer, jurist, and Wisconsin pioneer. He was the first elected Chief Justice of the Wisconsin Supreme Court (3rd overall), serving on the Supreme Court from its creating in 1848 until his death in 1859. He had previously served in the Wisconsin Territory legislature and was a framer of Wisconsin's constitution.
From 1838 to 1842, he served as a Representative to the Legislative Assembly of the Wisconsin Territory, and served as speaker for the 3rd Session of the 2nd Assembly (1840). From 1842 through 1846, he served in the Wisconsin Territorial Council (Upper House).[1][3][2]
In 1847, Whiton was elected to the second Wisconsin Constitutional Convention. In the 1848 election in which Wisconsin voters ratified the new constitution, Whiton was also elected to become one of the first Wisconsin Circuit Court judges under the new constitution. This also made Whiton a member of the first Supreme Court of Wisconsin, which was at that time composed of the state's elected Circuit Court Judges.[1] On January 3, 1852, the circuit court judges together elected Judge Mortimer M. Jackson as the next chief justice, but when he declined the office, Whiton was chosen.[2]
In 1852, the Wisconsin Legislature voted to create a new Supreme Court, distinct from the Circuit Courts.[4] Later that year, Whiton was elected the first chief justice of that newly formed Supreme Court, defeating Democrat Charles H. Larrabee.[1] Whiton served as chief justice until his death in 1859, having been re-elected in 1857.[5][6]
Supreme CourtEdit
In the "Booth cases" of 1854 (Ableman v. Booth) and 1855 (In Re: Booth and Ryecraft), Whiton issued significant opinions in favor of states' rights to nullification of federal laws. The Booth cases centered on MilwaukeeabolitionistsSherman Booth and John Ryecraft, who were charged under the Fugitive Slave Act of 1850 with aiding the escape of Joshua Glover to Canada. Booth was arrested by U.S. Marshall Stephen Ableman, but sought a writ of habeas corpus from a Wisconsin court. The court granted the writ, and Ableman appealed the ruling to the Wisconsin Supreme Court. Whiton wrote in the majority, with Justice Abram D. Smith, that the Fugitive Slave Act was unconstitutional, and affirmed that Booth should be released.[7] The U.S. Supreme Court overruled the Wisconsin decision, asserting the supremacy clause and ruling that the power of the State of Wisconsin "is limited and restricted by the Constitution of the United States." The Wisconsin Supreme Court refused to file the U.S. Court's mandate—and never has.[8] The case significantly inflamed abolitionist passions in Wisconsin in the run-up to the American Civil War. Booth was ultimately pardoned in the final days of the presidency of James Buchanan.
In the 1856 Bashford v. Barstow case, Whiton effectively decided the outcome of the 1855 Wisconsin gubernatorial election. Initially, Democrat William A. Barstow, the incumbent Governor, appeared to be the winner by a mere 157 votes. His opponent, Republican Coles Bashford challenged the result as fraudulent, an allegation which was borne out by the discovery of fabricated votes from non-existent precincts. Barstow argued that as head of the executive branch, he had the authority to count the votes and certify the results, and that the legislative and judicial branches could not interfere. The Court ruled that, according to the Wisconsin Constitution, it was the election, not the canvass, which determined the right to the office. After the ruling, Barstow's militia, which had been prepared to enforce his election with violence, began to disperse. Barstow relented, and Bashford was eventually allowed to take office as the 5th Governor of Wisconsin. The case was an important precedent for the Supreme Court as the ultimate arbiter of the law in Wisconsin.[9]
In 1859 his health began to fail. He took a leave from the Court in the spring of 1859 and died at his home in Janesville on April 12, 1859.
Personal life and familyEdit
Whiton married Amoret Dimock in 1847. They had four children together, but only one survived to adulthood.
^ abcd"Biographical Sketches - Edward V. Whiton". Proceedings of the State Bar Association of Wisconsin. 1: 116–120. 1905. Retrieved June 18, 2019.
^ abcReed, Parker McCobb, ed. (1882). The Bench and Bar of Wisconsin. Milwaukee: P. M. Reed. pp. 51–53. Retrieved December 18, 2019.
^Wisconsin Legislative Reference Bureau. "Annals of the legislature". The Blue Book of the state of Wisconsin (1881) (Report). State of Wisconsin. pp. 165–171. Retrieved 2019-02-19.
^"An Act to provide for the organization of a separate Supreme Court, and for the election of justices thereof". Act 395 of 1852(PDF). 5th Wisconsin Legislature. pp. 601–604. Retrieved December 18, 2019.
^. Archived from the original on 2008-08-24. Retrieved 2018-07-15.
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Edward Vernon Whiton June 2 1805 April 12 1859 was an American lawyer jurist and Wisconsin pioneer He was the first elected Chief Justice of the Wisconsin Supreme Court 3rd overall serving on the Supreme Court from its creating in 1848 until his death in 1859 He had previously served in the Wisconsin Territory legislature and was a framer of Wisconsin s constitution The HonorableEdward V WhitonEdward Vernon Whiton3rd Chief Justice of the Wisconsin Supreme CourtIn office January 3 1852 April 12 1859Preceded byLevi HubbellSucceeded byLuther S DixonJustice of the Wisconsin Supreme Courtex officioIn office September 1 1848 June 1 1853Wisconsin Circuit Court Judge for the 1st CircuitIn office September 1 1848 June 1 1853Preceded byPosition EstablishedSucceeded byWyman SpoonerSpeaker of the Legislative Assembly of the Wisconsin TerritoryIn office December 2 1839 August 2 1840Preceded byLucius Israel BarberSucceeded byNelson DeweyMember of the Council of the Wisconsin Territory for Rock amp Walworth countiesIn office December 5 1842 January 4 1847Serving with Charles Minton BakerSucceeded byPosition AbolishedMember of the House of Representatives of the Wisconsin Territory for Rock amp Walworth countiesIn office November 26 1838 December 5 1842Personal detailsBornEdward Vernon Whiton 1805 06 02 June 2 1805South Lee Massachusetts U S DiedApril 12 1859 1859 04 12 aged 53 Janesville WisconsinResting placeOak Hill Cemetery Janesville WisconsinPolitical partyRepublicanWhig before 1854 SpousesAmoret Dimock m 1847 died 1902 ChildrenFanny Whiton died young Edward D Whiton died young Catherine Whiton died young Edward Vernon Whiton b 1852 died 1900 Contents 1 Biography 2 Supreme Court 3 Personal life and family 4 Electoral history 4 1 Wisconsin Supreme Court 1852 5 ReferencesBiography EditBorn in South Lee Massachusetts the son of General Joseph Whiton who had served in the American Revolutionary War and the War of 1812 1 Whiton moved to Janesville in the Wisconsin Territory in 1836 where he practiced law 2 From 1838 to 1842 he served as a Representative to the Legislative Assembly of the Wisconsin Territory and served as speaker for the 3rd Session of the 2nd Assembly 1840 From 1842 through 1846 he served in the Wisconsin Territorial Council Upper House 1 3 2 In 1847 Whiton was elected to the second Wisconsin Constitutional Convention In the 1848 election in which Wisconsin voters ratified the new constitution Whiton was also elected to become one of the first Wisconsin Circuit Court judges under the new constitution This also made Whiton a member of the first Supreme Court of Wisconsin which was at that time composed of the state s elected Circuit Court Judges 1 On January 3 1852 the circuit court judges together elected Judge Mortimer M Jackson as the next chief justice but when he declined the office Whiton was chosen 2 In 1852 the Wisconsin Legislature voted to create a new Supreme Court distinct from the Circuit Courts 4 Later that year Whiton was elected the first chief justice of that newly formed Supreme Court defeating Democrat Charles H Larrabee 1 Whiton served as chief justice until his death in 1859 having been re elected in 1857 5 6 Supreme Court EditIn the Booth cases of 1854 Ableman v Booth and 1855 In Re Booth and Ryecraft Whiton issued significant opinions in favor of states rights to nullification of federal laws The Booth cases centered on Milwaukee abolitionists Sherman Booth and John Ryecraft who were charged under the Fugitive Slave Act of 1850 with aiding the escape of Joshua Glover to Canada Booth was arrested by U S Marshall Stephen Ableman but sought a writ of habeas corpus from a Wisconsin court The court granted the writ and Ableman appealed the ruling to the Wisconsin Supreme Court Whiton wrote in the majority with Justice Abram D Smith that the Fugitive Slave Act was unconstitutional and affirmed that Booth should be released 7 The U S Supreme Court overruled the Wisconsin decision asserting the supremacy clause and ruling that the power of the State of Wisconsin is limited and restricted by the Constitution of the United States The Wisconsin Supreme Court refused to file the U S Court s mandate and never has 8 The case significantly inflamed abolitionist passions in Wisconsin in the run up to the American Civil War Booth was ultimately pardoned in the final days of the presidency of James Buchanan In the 1856 Bashford v Barstow case Whiton effectively decided the outcome of the 1855 Wisconsin gubernatorial election Initially Democrat William A Barstow the incumbent Governor appeared to be the winner by a mere 157 votes His opponent Republican Coles Bashford challenged the result as fraudulent an allegation which was borne out by the discovery of fabricated votes from non existent precincts Barstow argued that as head of the executive branch he had the authority to count the votes and certify the results and that the legislative and judicial branches could not interfere The Court ruled that according to the Wisconsin Constitution it was the election not the canvass which determined the right to the office After the ruling Barstow s militia which had been prepared to enforce his election with violence began to disperse Barstow relented and Bashford was eventually allowed to take office as the 5th Governor of Wisconsin The case was an important precedent for the Supreme Court as the ultimate arbiter of the law in Wisconsin 9 In 1859 his health began to fail He took a leave from the Court in the spring of 1859 and died at his home in Janesville on April 12 1859 Personal life and family EditWhiton married Amoret Dimock in 1847 They had four children together but only one survived to adulthood Electoral history EditWisconsin Supreme Court 1852 Edit Wisconsin Supreme Court Chief Justice Election 1852 10 Party Candidate Votes General Election September 1852Independent Edward V Whiton 11 792 54 60 Democratic Charles H Larrabee 9 806 45 40 Plurality 1 986 9 20 Total votes 21 598 100 0 Independent win new seat References Edit a b c d Biographical Sketches Edward V Whiton Proceedings of the State Bar Association of Wisconsin 1 116 120 1905 Retrieved June 18 2019 a b c Reed Parker McCobb ed 1882 The Bench and Bar of Wisconsin Milwaukee P M Reed pp 51 53 Retrieved December 18 2019 Wisconsin Legislative Reference Bureau Annals of the legislature The Blue Book of the state of Wisconsin 1881 Report State of Wisconsin pp 165 171 Retrieved 2019 02 19 An Act to provide for the organization of a separate Supreme Court and for the election of justices thereof Act 395 of 1852 PDF 5th Wisconsin Legislature pp 601 604 Retrieved December 18 2019 Barstow and the Balance Archived from the original on 2008 08 24 Retrieved 2018 07 15 Edward V Whiton 1805 1859 Wisconsin Court System Retrieved 2019 02 20 Ableman v Booth 3 Wis 1 Wisconsin Supreme Court 1854 Ableman v Booth 11 Wis 501 Wisconsin Supreme Court 1859 Bashford v Barstow 4 Wis 567 Wisconsin Supreme Court 1856 03 24 Judicial Election Racine Advocate October 13 1852 p 2 Retrieved April 7 2023 via Newspapers com Legal officesPreceded byPosition established Wisconsin Circuit Court Judge for the 1st Circuit1848 1853 Succeeded byWyman SpoonerPreceded byLevi Hubbell Chief Justice of the Wisconsin Supreme Court1852 1859 Succeeded byLuther S Dixon Retrieved from https en wikipedia org w index php title Edward V Whiton amp oldid 1148680830, wikipedia, wiki, book, books, library,
