porations for injuries for negligence of their employees; of the relation of the State and Federal judiciary; soon to be followed by the supremely important questions growing out of the Rebellion, such as the power of the President to suspend the writ of habeas corpus; the validity of the law authorizing the draft, and one permitting the soldiers in the field to exercise the elective franchise; the validity of the legal tender acts; the right of Congress to tax the process of State courts; and other kindred questions of transcendent interest to the people of the State and nation — were before the Court or soon to come before it for decision. Judge Dixon, in the disposal of these cases, played no subordinate part. It was not in his nature to rely on others in the examination and decision of causes. -He must form his own opinions by his own study and research, master the facts of the case and the princi ples of law applicable to it for himself, think his way through and over whatever obstacles and difficulties were presented, by the light of his own judgment; and he always did so." Very soon after his appointment his judi cial fearlessness and stamina were put to the test. The Court had previously decided the fugitive slave law unconstitutional, and that the State courts and judges could issue writs of habeas corpus and discharge pris oners from custody who were arrested by Federal authority for violating it. Booth, as previously narrated, had been convicted in the United States District Court, under Judge Andrew G. Miller, for assisting in the rescue of Glover, the fugitive slave, and had been convicted, and the Supreme Court of Wisconsin had, upon habeas corpus, dis charged him. The Court had also, in 1857, disregarded the writ of error sent down by the Supreme Court of the United States to call up the record for review, and had di rected its clerk to make no return to it. In 1859 the Supreme Court of the United States, having obtained a copy of the record unauthenticated, proceeded to review and
reverse the decision, in the case of Ableman v. Booth, 21 How. 506, and sent down its mandate and remittitur. A motion was made to file them. On this motion Chief-Justice Dixon filed a lengthy opinion in support of the appellate jurisdiction of the Federal Su preme Court over the case. (11 Wis. 498.) This raised a storm of censure in the Repub lican party, to which Dixon belonged. The Republican press opposed his election, which must be held in the spring of 1860. A "state-rights " candidate was put in nomina tion. Chief-Justice Dixon was called out to " run independent." The Republican press quite generally opposed his election, though a very considerable portion of the Republican party did not endorse the ultra "state-rights " position of the court in deny ing the appellate jurisdiction of the Federal court of last resort in the fugitive slave law cases. Judge Dixon received his first elec tion from the people by a majority less than 400, in a vote of about 113,000. The cam paign was quite spirited, especially in the newspapers. A notable event of the elec tion was a speech by Hon. Abram D. Smith, ex-judge, in support of the decisions he had made, and an answer to it by Hon. Timothy O. Howe. These speeches were an elaborate discussion of the aspect of the "state-rights " doctrines, which had attract ed such wide attention. The war came on, and the " state-rights" question soon became, to use the familiar phrase of the politician, " a dead issue." Judge Dixon's subsequent elections were without opposition, except one which sig nally demonstrated his strength with the people. He found it hard to support his family on the small pay allowed. In 1867, the salary was raised by law from $2,500 to $3,500, but by the Constitution this increase could not apply to his then present term. He resigned, and the governor at once ap pointed him till the vacancy could be filled by election. The Democracy were then organizing for the presidential campaign of
