Luther S. Dixon

State of Wisconsin vs. John B. DuBay

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. 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.

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.

His dissent resulted in him losing the support of the Republican Party for the election in the Spring of 1860, when he was scheduled to run for a full term on the court. Dixon opted to run as an independent. Republicans instead supported A. Scott Sloan, who ran on an extreme state's rights platform against the federal slavery laws. The issue of state's rights thus loomed large over the entire election, animated by a celebrated debate at the state Republican convention, between justice Abram D. Smith, speaking out for his majority opinion against recognizing the authority of the U.S. Supreme Court, and former justice Timothy O. Howe, speaking in defense of Dixon's position that the state court must recognize the appellate authority of the federal court.

While serving on the court, Dixon was active in the Wisconsin militia as captain of the Madison militia company, the "Hickory Guards". At the outbreak of the American Civil War, Dixon attempted to enter the military service but was dissuaded by Governor Randall, who said he could do more for the country from his position as chief justice than he could on a battlefield. Nevertheless, Dixon did work to recruit and drill troops to prepare them for service in the Union Army. Cothren actually won the majority of votes cast by voters in Wisconsin, but Dixon's seat was saved by the absentee votes of Wisconsin's Union Army soldiers in the field.

The salary for a Wisconsin Supreme Court justice was quite small in that era, at just $2,500 (about $50,000 adjusted for inflation to 2023 dollars). In 1867, the legislature voted to increase the salary to $3,500 (about $70,000, adjusted). However, the Constitution of Wisconsin prohibited Dixon from receiving the new salary until he started a new term, so he resigned in March 1867 and was immediately re-appointed by the governor. Dixon had to run for re-election again in 1869 when his regularly scheduled election was up, but faced no serious opposition that year.

Dixon continued to struggle, however, with the low pay of the state court, and resigned from the court in 1874 to return to private legal practice.

In 1875, as the United States Senate election in the Wisconsin Legislature was deadlocked over Republican opposition to their incumbent, Matthew H. Carpenter, Dixon was approached as a potential compromise candidate. But he declined, saying that he could not afford it. He was buried at Forest Hill Cemetery in Madison.

Family and personal life

Luther Dixon was a son of Colonel Luther Dixon with his second wife, Sarah Seegar ( Pearl).

Luther Swift Dixon married Mary Eliza Woods, of Colchester, Vermont, in November 1852. They had five children together, though one died in infancy and all of the children died relatively young. Their eldest son, Henry Woods Dixon, became a lawyer but died of a sudden heart attack at age 33 while sitting in a restaurant in 1888. Edward Luther Dixon also became an attorney and partnered with his father in his Colorado law firm, but died of a brain ailment in 1904 at the relatively young age of 39. Their only daughter, Daisy, died of a stroke at age 40 in 1906. Their last son, William A. Dixon, suffered from depression and committed suicide in 1909.

Electoral history Wisconsin Supreme Court (1860, 1863, 1868, 1869)