, 1866-03-30
THE SUFFRAGE IN WISCON-
SIN. /:
COIored Men Entitled to Vote,
Important DecfaIon Of the Supreme
Court.

Court.
[Frotn The MI Wsukee senttne11
"A despatch from Madison annountes th:
the suffrage case Of Gillespie rs. e. L. Paint
| ct al, has been decided BY the Supreme Cou
| Ii favor Of the appellant The pctlon W.
| brought by Gillespie, colored man, on q.
( count Of the refusal OF the board OF eIectio
OF the Seventh Ward Of this city to receive.
ballot presented by haH last fall. He elaine
thst he was entitled to vote by virtue Of th
amendment Of the Constitution OF the Stat
passed by the Legislature in I64S, and ratfe
BY the people At the reEalar esectiou 10 lsN
con1er1lng the franchise upon colore,
men II has been hAherto considcre,
that the amendment 10 the Constitu
did NOT recciFe a majority Of all the vote
cast, although It received majority Of thos,
cast on that subject. The cssewas arunri
for the sppelfaat, Gillespie, By Hon. B7rnu
Paine, Of this city, add for the respondents by
D. G. Hooker, Of this city, End. Gen. B
Smith, Of Madison. The counsel for lhe an.
pellant took the ground that 1t Is Impossible
for the state canvassers to detesmfne the
highest number Of vptes cast at IN electiN.
and although they c1n tell what candidate
receives the MOTT Totes, they cannot necess>
r1ly soy be has received the highest humber
The Constitution ID requiring minority Of
the highest number Of Iotes cast al an eler-
tioa to be given for uegro suffrage to extend
| the franchise, merely means the highest nrm.
ber cast on The subject.
/ The opposing counsel Urged that the mi.
L versaS acqufescenae ID the decision of tie
! hoard Of Stnte cnnvassers OF 1849, and the
/ legislature repeatedly Submitting the question
!: since, Is evidence that The geaezal mterpreta-
( tion Of the Constitution. REQUIRES a nnr,her
equal to the majority OF rha hlehest nnmher
oi. votes east on anT suhkct It the runerul
election where the QUESTION Of coloSed snC.
frage ia voted on.
This decision will do away with the peces-
sity Of agaIn presenting the: question to the
people; aud viii secure TO tte: colored NOM.
luticn Of the State the fightsand immunities
10 which they are entltleS. 0 '''''-'''1-'''-'
ApsTnAcr ri, TtIc nrer,,,~
Icn.s..' 80. ~ -. - Ns1Nos. 1o
l-p'~A p"~A '" ,1.ssaaa no ss.t.J FL
rh. an,. cu.. ooH' aAus.@ asten =. =
e,o,, - th. y aas IenosE9a rs 9eel.
cas ;n r., III ieo1tx III ~ the ot,aant AM me tGss
cn3orct, e1,fIr3 ec - ~ sGc ~
c;ssar ~ sati .ha oaa neau@enI o. l lne de.
osISa ~ ~ aa,.san ~! ~ ~ ~ % ocasr aoa SET
~ 4Sso ~ iaoiaxsna " that s ~ :" SaYassefs
Ua+ rat,1ag IN ~. nn;., sne amgnaasnt ~ "as
.s,,o,, ~ I.,..,a ~ uP.nou " l4e court as
ss,s;a 'u ~ ,t, gnmnes, se.s 10TH tae pro-
cnr5 ~ fbs s~ts,s;n, ~ cosu.,ou ..,tE' - WIZ 1e
1srsane ~ anJ o-ena"Is ~ " suus ". Ceaoleu
r.. fe.son', auo F1oeetns W saJ 4ne Mst 4les-
Henntu r1un toa osl ,h eeas,osaaaon ~ whas h the
snai nrannd - ~ snu ~nius ~ iMs pfovision, ap-
pobed no ny ~ o191y o. @ tne votes eaSt at
81 th1a einmts ,asa % uuetsnS coos!ruetlons
.. ants East Eiase & ns.e sug:sested on the. aFgu-
tn1uio, 81 ss, s-a. .na1 - le4unsa tnat tne &
o;a.;t W eutu saou1o oe approved. ny
~ Maa ~ a. .ne sot on az sapJecL, -ana
tnat Gi ~ omIs Gst ~ such eiecuon. second
ai1at a ~ s.alo a,sas os aoptosea y majority q
~ sn ~ spse5s vp1ha u sucn election. Ihtrd,
tUA1Qf1kF
a. me s4tss % On Ioat sae)ess cast At snch siec.
~ ott H. - % .ne st Sonsstne.ioa .l eorrecI: What
$500 - .ns oeaanE oi tus No1u vote: " : the
p;ns, 4.r ~ Luz Snoe 2. tne F9ter 1or o.
" aa.ust ~ nilss a"J -" VI tAe eiect!on
o. any person 70 o1ace' Ata general election
there aEe several officers, both State and coun-
y, 70 oe eieetea, ahd therc may oe measures
tpI 70 " Hotea on. tne oplason goes on % snow
.nat yue Pntase Votes cas1 at sucn e!ec-
tious, m.snt mean e1cal many more t1an
tne nnmner o. votefs, eaeh voter casting
seses ssa So;es !o5 as many 0tesent candldatesi
; o. votes cast. conld not be applied, except as
aenolh 8 the whole number OF votes cast upon
tnsI suo!ec1: 10 aoopt Inc second construc-
lion would oe TO say that votes and voters
mean the same thing, md that such con-
'strnction Is forced and unnatural
The third construction Is the most reasona-
bic, and the Court does not see how any other.
can be given to the clause according to sec. l,
art. II OF the Constitution. The legislature
may propose amendments to It, aud If they
are approved by majority Of the voters vot
sst,s IT, therein tse a s lms BY the
Constitution. The right Of suffrage by such
amendment conld be given toeolofed persons.
Is It probable that the fa1ness OF our Constl-
tuition required more rotes TO extend the
right OF Suffrage In one way than m another!
more votes to approve an act Of the legisla-
IN F4Yh$ Jyhn
proved, than to make and. approve
any and all attentions of the Constitu-
tion,. Including TINT comforting suffrage
On colored personss We Bee: no reason for
such conclusion, nor do We think much
sh9ald BE- attached t9 the action ofthe
clause under consideration. It is sald that no
provision Is made In the act Tor canrassing
the votes on this measure. and that the act
submitting the extension Of suffrage to 3 vote
OF Inc people provides In It also that Tat the
said election majority OF MI the votes cast at
suffrage to colorsd persons, tlen said section
OIL this bill shall be Law. The complaint
a'e1a that majority Of all the votes cast on
that SUBJECT were II fnvor of the extension
o. sqhfsge, aug me demurrer adults the Truth
OF ~ sae eotuplanl. -..
~. me opnion mas me iolio"nE concerning
Ino functions o. tnc board OF caaYasserj'
iney asc mele maistef1M " olnceE@eertanly
1al 1Ftm oe1ns Juaietat 1he registry acs pro
e1oes ~ s1osta1ee lnat any one may nave nts
name reGlstefea as Voter upon taking the
same oaths and giving l4e same information
required to. y9ting: Il IN, the Inspectors are
mere ministerial officers, then We see no good
feasen WY me general pEinc!ple OF Ia" that
q ministerial olncer Is liable tor q wrong done
BY bin acti1g In bis ontci2! character, though
~nnouL malice, should not 9e aPpned. II IL
held otherWise. however, ln England. IN New
York, and some other ssates. The res
ss sss s 81 sss ssses 81 esea' sS q
VIII Discretionary authority and are quast
Judicial officers. In Massachuse;ts and Ohio
y Is neld Inc action WI! bo Without maIce
Lincoln & Is. Haggood, l! Has:achusetts, SN;
?, Nst;, n, ~ Gay, ~ Jeaf1es rs. Anthony,
II Olio, St5; ~ ohto,: ol5. Come Of thes:
decis Ions are based partly on the State statute
law regulating elections IS being different
from the Eneliah Law, but merely upon the :
necessity q protecting the highly valued
privilege OF voting, when the law has provfd:
ed no other remedy. We adopt the rule Of
these decisions It follows that the order Of
ion o. Jns!ice uo"ner was supplemented by
Chicl Justice DtxoR with m opinion, Of which
Inc ioliowhg the substance:
Chlet Justice Dixon's decision will occupy
about column OF the Se"ftne.; 10 hliy
agrees with Justice Do"nes IN the conssFuc-
DIVISION :, section l, ,afi1cic o. me Conslltu.
lion. ds does 1ot see now tae !anguasE o.
We pl4vlso cou!o sses nave RI oetn ~ .ne snDJEct
o. aonol of contIovetsy. 1o nun tlom LUG
nsss, ~ seGh ~ ~ l1a. ena .at ean w, NY
}otasy L. ot ~ tas vvtss cast 4pon Inc soGleets
n ss sr i III anesn inds OF
!Ie lueas, "efc n ne n1in1s ol tne lsamers OF
aat pt9yiso 1;th nsst' 1s 1s sus r. sIouaa no. %
seSonu, !aus suGn "a" snoWu guy nase totcs