Luther Swift Dixon (June 17, 1825 – December 6, 1891) was an American lawyer and judge, and was the 4th Chief Justice of the Wisconsin Supreme Court.[1]
Dixon was born in Milton, Vermont, the son of Luther and Sarah (Seeger) Dixon.[2] After obtaining a common school education, he studied law under Luke P. Poland, a judge on the Supreme Court of Vermont, who would later represent Vermont as a United States Senator and Congressman. Dixon was admitted to the bar in 1850.[3]
In 1850,[3] Dixon traveled to Wisconsin and settled in Portage, in Columbia County, and started a legal practice. In 1851, Dixon was elected District Attorney of Columbia County, for a two-year term commencing January 1, 1852.[3] He was re-elected for a two-year term in 1854.[4]
State of Wisconsin vs. John B. DuBayEdit
In the year after his term as District Attorney expired, Dixon earned wide recognition for his prosecution of John Baptiste DuBay in his murder trial. DuBay had been involved in a property dispute with William Reynolds, and killed him after a confrontation.[5] DuBay was a prominent character in the Wisconsin Territory and the early years of statehood. He was a celebrated pioneer character, connected to the American Fur Company, which was one of the most powerful businesses in the Wisconsin Territory. He was part French Canadian, part Menominee Indian, and served as an interpreter for many important negotiations with Wisconsin's Native American communities.[5]
DuBay's attorneys were both esteemed lawyers and prominent politicians—Moses M. Strong had been Speaker of the Wisconsin Assembly, and had famously secured the acquittal of James Russell Vineyard after he had killed a fellow representative on the floor of the territorial legislature; Harlow S. Orton had been an attorney for Governor Coles Bashford when he successfully challenged the results of the 1855 Wisconsin gubernatorial election. The judge in the case, Wisconsin Circuit Court Judge Alexander L. Collins, gave wide deference to the defense to bring in a number of prominent Wisconsin pioneers and statesmen to testify to the character of the defendant.[5]
DuBay was ultimately acquitted, but Dixon's reputation was secure. Within a year, he would take the place of the judge who had presided over the case, and within two years he would be Chief Justice of the Wisconsin Supreme Court. Dixon later summarized that the real defendant in the trial was the "pioneer spirit," and that DuBay's crimes went unpunished due to a parade of prominent Wisconsin pioneer character witnesses, which muddied the facts of the crime.[5]
In 1858, Alexander Collins resigned his seat as Judge of the 9th Circuit. The new Governor, Alexander Randall, appointed Dixon to the seat, which had jurisdiction over Columbia, Dane, Jefferson, and Sauk counties.[3]
Less than a year later, in April 1859, Chief Justice Edward V. Whiton died suddenly. Governor Randall again turned to Dixon, naming him Chief Justice of the Wisconsin Supreme Court at the age of 33.[3][6]
Only months after his appointment as Chief Justice, Dixon ran into controversy when he dissented from the majority of the court which had voted to ignore the ruling of the United States Supreme Court in the case of Ableman v. Booth. The Wisconsin Supreme Court had previously ruled that the federal Fugitive Slave Act of 1850 was unconstitutional, a position which was popular with the ascendant abolitionist Republican party in Wisconsin. The Supreme Court overruled the Wisconsin Court, ruling that state courts could not annul federal laws. Dixon wrote in favor of accepting the decision of the U.S. Supreme Court, stating that while he personally believed the Fugitive Slave Act was unconstitutional, he agreed with the federal court's interpretation of their jurisdiction.[7]
His dissent resulted in him losing the support of the Republican Party for his re-election in 1860. Nevertheless, he was able to obtain re-election as an independent. And was re-elected two more times after that.
Dixon resigned from the court in 1874 to return to private legal practice.[3] He distinguished himself again in this phase, representing the State of Wisconsin in upholding the constitutionality of the state's railroad regulation "Granger" laws.[7]
Family and personal lifeEdit
Luther Dixon married Mary Eliza Woods. They had five children together, though only four survived to adulthood.
Dixon suffered from asthma and moved to Denver, Colorado, in 1881[3] for the health benefits, although he maintained a home in Wisconsin as well. He died in 1891 while visiting Milwaukee on his way back from a trip to Washington, D.C.[8]
ReferencesEdit
^"Dixon". Political Graveyard. Retrieved 2011-11-01.
^"Luther S. Dixon". Wisconsin Court System. Retrieved 2011-11-01.
^ abcdefg"Death of Judge Dixon". Portage Daily Register. Portage, WI. December 7, 1891. p. 3. Retrieved August 18, 2021 – via Newspapers.com.
^The History of Columbia County, Wisconsin. Western Historical Company. 1880. pp. 92, 93, 101, 103, 387, 447. Retrieved June 20, 2019.
^ abcdStark, Jack (1992). "A Case of Frontier Justice: The State of Wisconsin v. DuBay". Wisconsin Academy Review. 38 (3). Retrieved June 18, 2019.
^Proceedings of the State Bar Association of Wisconsin (Report). 1901. p. 242. Retrieved June 18, 2019.
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For the songwriter see Luther Dixon Luther Swift Dixon June 17 1825 December 6 1891 was an American lawyer and judge and was the 4th Chief Justice of the Wisconsin Supreme Court 1 The HonorableLuther S Dixon4th Chief Justice of the Wisconsin Supreme CourtIn office April 19 1859 June 17 1874Appointed byAlexander RandallPreceded byEdward V WhitonSucceeded byEdward George RyanWisconsin Circuit Court Judge for the 9th CircuitIn office September 5 1858 April 19 1859Appointed byAlexander RandallPreceded byAlexander L CollinsSucceeded byHarlow S OrtonDistrict Attorney of Columbia CountyIn office January 1 1853 December 31 1856Preceded byAmasa G CookSucceeded byLevi W BardenPersonal detailsBorn 1825 06 17 June 17 1825Milton Vermont U S DiedDecember 6 1891 1891 12 06 aged 66 Milwaukee Wisconsin U S Resting placeForest Hill CemeteryMadison WisconsinPolitical partyRepublican until 1860 IndependentSpouseMary Eliza Woods died 1893 ChildrenHenry Woods Dixon b 1853 died 1888 Luther Swift Dixon b 1860 died 1860 William A Dixon b 1862 died 1909 Edward L Dixon b 1864 died 1904 Daisy Dixon b 1866 died 1906 ParentsLuther Dixon father Sarah Seeger Dixon mother Professionlawyer judge Contents 1 Early life and career 1 1 State of Wisconsin vs John B DuBay 2 Wisconsin judiciary 3 Family and personal life 4 ReferencesEarly life and career EditDixon was born in Milton Vermont the son of Luther and Sarah Seeger Dixon 2 After obtaining a common school education he studied law under Luke P Poland a judge on the Supreme Court of Vermont who would later represent Vermont as a United States Senator and Congressman Dixon was admitted to the bar in 1850 3 In 1850 3 Dixon traveled to Wisconsin and settled in Portage in Columbia County and started a legal practice In 1851 Dixon was elected District Attorney of Columbia County for a two year term commencing January 1 1852 3 He was re elected for a two year term in 1854 4 State of Wisconsin vs John B DuBay Edit In the year after his term as District Attorney expired Dixon earned wide recognition for his prosecution of John Baptiste DuBay in his murder trial DuBay had been involved in a property dispute with William Reynolds and killed him after a confrontation 5 DuBay was a prominent character in the Wisconsin Territory and the early years of statehood He was a celebrated pioneer character connected to the American Fur Company which was one of the most powerful businesses in the Wisconsin Territory He was part French Canadian part Menominee Indian and served as an interpreter for many important negotiations with Wisconsin s Native American communities 5 DuBay s attorneys were both esteemed lawyers and prominent politicians Moses M Strong had been Speaker of the Wisconsin Assembly and had famously secured the acquittal of James Russell Vineyard after he had killed a fellow representative on the floor of the territorial legislature Harlow S Orton had been an attorney for Governor Coles Bashford when he successfully challenged the results of the 1855 Wisconsin gubernatorial election The judge in the case Wisconsin Circuit Court Judge Alexander L Collins gave wide deference to the defense to bring in a number of prominent Wisconsin pioneers and statesmen to testify to the character of the defendant 5 DuBay was ultimately acquitted but Dixon s reputation was secure Within a year he would take the place of the judge who had presided over the case and within two years he would be Chief Justice of the Wisconsin Supreme Court Dixon later summarized that the real defendant in the trial was the pioneer spirit and that DuBay s crimes went unpunished due to a parade of prominent Wisconsin pioneer character witnesses which muddied the facts of the crime 5 Wisconsin judiciary Edit nbsp Bust of Justice Dixon at the Wisconsin State Capitol in Madison Wisconsin In 1858 Alexander Collins resigned his seat as Judge of the 9th Circuit The new Governor Alexander Randall appointed Dixon to the seat which had jurisdiction over Columbia Dane Jefferson and Sauk counties 3 Less than a year later in April 1859 Chief Justice Edward V Whiton died suddenly Governor Randall again turned to Dixon naming him Chief Justice of the Wisconsin Supreme Court at the age of 33 3 6 Only months after his appointment as Chief Justice Dixon ran into controversy when he dissented from the majority of the court which had voted to ignore the ruling of the United States Supreme Court in the case of Ableman v Booth The Wisconsin Supreme Court had previously ruled that the federal Fugitive Slave Act of 1850 was unconstitutional a position which was popular with the ascendant abolitionist Republican party in Wisconsin The Supreme Court overruled the Wisconsin Court ruling that state courts could not annul federal laws Dixon wrote in favor of accepting the decision of the U S Supreme Court stating that while he personally believed the Fugitive Slave Act was unconstitutional he agreed with the federal court s interpretation of their jurisdiction 7 His dissent resulted in him losing the support of the Republican Party for his re election in 1860 Nevertheless he was able to obtain re election as an independent And was re elected two more times after that Dixon resigned from the court in 1874 to return to private legal practice 3 He distinguished himself again in this phase representing the State of Wisconsin in upholding the constitutionality of the state s railroad regulation Granger laws 7 Family and personal life EditLuther Dixon married Mary Eliza Woods They had five children together though only four survived to adulthood Dixon suffered from asthma and moved to Denver Colorado in 1881 3 for the health benefits although he maintained a home in Wisconsin as well He died in 1891 while visiting Milwaukee on his way back from a trip to Washington D C 8 References Edit Dixon Political Graveyard Retrieved 2011 11 01 Luther S Dixon Wisconsin Court System Retrieved 2011 11 01 a b c d e f g Death of Judge Dixon Portage Daily Register Portage WI December 7 1891 p 3 Retrieved August 18 2021 via Newspapers com nbsp The History of Columbia County Wisconsin Western Historical Company 1880 pp 92 93 101 103 387 447 Retrieved June 20 2019 a b c d Stark Jack 1992 A Case of Frontier Justice The State of Wisconsin v DuBay Wisconsin Academy Review 38 3 Retrieved June 18 2019 Proceedings of the State Bar Association of Wisconsin Report 1901 p 242 Retrieved June 18 2019 a b Dixon Luther Swift 1825 1891 Wisconsin Historical Society 8 August 2017 Retrieved June 18 2019 Berryman John R ed 1898 History of the Bench and Bar of Wisconsin Volume 1 H C Cooper Jr amp Co pp 121 133 Retrieved June 18 2019 Legal officesPreceded byAmasa G Cook District Attorney of Columbia County Wisconsin1853 1856 Succeeded byLevi W BardenPreceded byAlexander L Collins Wisconsin Circuit Court Judge for the 9th Circuit1858 1859 Succeeded byHarlow S OrtonPreceded byEdward V Whiton Justice of the Wisconsin Supreme Court1859 1874 Succeeded byEdward George RyanPreceded byEdward V Whiton Chief Justice of the Wisconsin Supreme Court1859 1874 Succeeded byEdward George Ryan Retrieved from https en wikipedia org w index php title Luther S Dixon amp oldid 1171757714, wikipedia, wiki, book, books, library,
