, 1866-03-30
SUFFRAGE In WISCONSIN.

EoncurFfnE Opinions Of CHIEF Juattce
Dixon and Judge Cole on the Right
OF Colored Men to Vote In Wisconsin.
l1he opinion Of The court, delivered By 8r. Jus;
nee Doxn~r, in the case Of Gilispie .B. Palmer ct
H. in the Supreme Court Of Wisconsin, will be
found On the second page Of this paper.]
Especial Despatch to the Chicago Tt1bune.l i
~ MADISON, March, %.
The following arc the concur7ing opinions Of
Ehief Justice Dixon and Justice Cole, in The case
involving The right Of colored men to vote In this
State:
DIxoN, Cal.
I. fully agree With Ms. Juftice Downef, IN the
su6di1is,on seeitsn a1rele fioi he oa Coa.ti
tution- Without the determination OF the boafu
Of eanv&sseTs IN 1919 and the consequent action Of
1sh,e6 may Se SUD 70 ssve tsEea place wisoat 1t Sc
Hous thought md dehbefatfop, and certainly WITH
out dehs'e upon The meaning Of this peosi%o,
have ben tho subject Of doubt OF controversy.
To me, to whom he question WIS new, when
he very itrss that The meaning ~ns . majority Of
III 1he votes cast npon The subject. The verr able
arguments Of counsel upon both eides and Bubee-
no. s .s, imE.etsian, derived rnm he ansrace III q
The .proviso ltkelE It il obvious from The very
teadfng that three and bnt thfrc principles OF
trainers OF persons who prepared the. pros1so:
FIrst, that iha right Of suffrage enould not be
extended TO persons not AleRdJ enumerated
L. a1nre .pe Se esidsnee II Sy Isw enacted ior
that purpose. Second, that such Law should
rot be in force mil submitted to vote Of the
nst M Ani ,hird, thst sueh Submission 10 vote Of
1ne people and mAjonty Of ali tie yotes ca>t should
be ii some general election. According TO the lan-
eusee employed, ~ taiesu,rds, a., intended y he
fecf Of the e1teE sion Of suffrage are obviously
b1aced in the.e snsee principles; Any o.ncf con.
Of the language. and. wherr that Is ciess,
as l think it ia here, It must govern,
AID there is really no room fos conttr7,c.
e sp sp spp as aseone na
subject natter or person to whicn they .eate."
This max,m IL Of very great weight In all easez
srp1ed N lie tex 10 he saDject matter Or psr:on
under consideration. II applies with peculiar force
to the words in tnis pEoyiso, ''voies cast" which
snhtsct which ,he iramefs md in mind. namel;, Tie
The only wofds which c.n. as ii seems to me,
he ao;s ~ al I.1 s1eh = eioson." found ii lie end q
The clause. with those words omitted, II seems to
ne That no one could hesitate, but that gil must
ready esld hat one Of The principles manifested BY
the provision VAS, that the question should only
be Submitted and the yoses taken 1t some
eI.aF ek" Al '1 sass IN e,eei}oa lie w voters ~
more generally At she poll.. Other questions
ale to be acted upon. and measures adopted or re-
ION tecl an interest Al snch IN election mose
10 oo:aned upon The auestion Of extension Of suf-
@ T. sabtsd It @ speei. tecioa e1ae1ed for a'i TIT
e, I IN il Would attend. nd the messnls might
Se,ea 20 % at, VI Whist % il lid be%en % It eenelsl
! election. with all OF nearly all the qualified
sotels present at the poIlt with N opportunity to
4l14f RAk+ 4AatA tAnt
expression Of public opinion the olhe9 wsy. such
at general election" md 50 prominent was .be
Il The eDd ct lha clause after the words s'Folee
caft." The words 'at such election were H.
serted, as 1t we're Il Lndusffd the more carefully
election should suffice. such Fepetition4 a1e
1.oi unfnqueut IN lexi:la.iTe ensetneats, and ase
souaeune: found IN written Consultations. Tosay
~ majority Of all tho Eotes cArt At such election
H. no more thanti The tHmeft had ea:d majority
Of Ill the roles ca.t ut general election tnns re-
case Tho sense would have been the came II the List
words had BEEN omitted bat the repetition ex-
ptesses or keerns 10 t1psets the intention ol the
t!smets wi.h greater certainty t.. and Pc"
n,eut, docs The addition afford the slight
e* ground for saying that the framers Intended that
votes cast Al the election upon other subjects,
should be counted elthcf for or against The Law for
exit rdlng the night Of suffrage. Such provision
IN The Constitution ol State would be an auoualy
tra1y 10 the fundan.ental Amertcan Idea. which is
shat tn Ill popular elections the win Of The naony
hs p9svs us Ss
| lhe Convention acted upon this idea in torm-
| inE and submit 1ng, md the people In sasify-
tnx ths qonsiita11o1 and ~ lanSnase must be T.
.tntion il clearly exrteseed. II nc look to ofher
similar provtrIon+ Of the Constitution AID esp=cl-
nlly thoee which eticted debate and careful exAn-
/ MT thR we'd