Byron Paine

Byron Paine (October 10, 1827 – January 13, 1871) was an American lawyer and Justice of the Wisconsin Supreme Court. His successful representation of Ezekiel Gillespie in the 1866 case of Gillespie v. Palmer resulted in the legal recognition of voting rights for African Americans in Wisconsin.[1]

The Honorable Byron Paine
Justice of the Wisconsin Supreme Court
In office June 1867 – January 13, 1871
Appointed by	Lucius Fairchild
Preceded by	Jason Downer
Succeeded by	William P. Lyon
In office June 1, 1859 – August 1864
Preceded by	Abram D. Smith
Succeeded by	Jason Downer
Personal details
Born	Byron Paine October 10, 1827 Painesville, Ohio
Died	January 13, 1871 (aged 43) Monona, Wisconsin
Resting place	Forest Hill Cemetery Madison, Wisconsin
Spouse(s)	Clarissa R. Wyman
Children	Arthur Norman James Percy Wendell W. Byron Dixon
Mother	Marilla Paine
Father	Gen. James H. Paine
Military service
Allegiance	United States
Branch/service	United States Army Union Army
Years of service	1864–1865
Rank	Lt. Colonel, USV
Unit	43rd Reg. Wis. Vol. Infantry
Battles/wars	American Civil War Franklin–Nashville Campaign Battle of Johnsonville Battle of Nashville

Early life and career

Paine was born in Painesville, Ohio, to General James H. Paine and Marilla Paine.[2] He moved to Milwaukee in 1847 with his father and studied law. He was admitted to the bar in 1849, and entered a legal partnership, Jas. H. Paine & Sons, with his father and his brother, Hortensius.[3]

As a young lawyer, he was a close friend of the abolitionist Sherman Booth. And in 1854, when Booth was on trial for violating the Fugitive Slave Act, Paine represented him as his lawyer without compensation. Paine argued on his behalf in front of the Wisconsin Supreme Court, in the case of Ableman v. Booth.[2]

At Paine's funeral, Justice Harlow S. Orton remarked that he had, "made one of the clearest, most conclusive and most eloquent arguments against the constitutionality of the fugitive slave law made in any court in the country." Paine won the case and became the only lawyer to successfully argue that fugitive slave laws violated the sovereignty of the northern states. Although the United States Supreme Court did eventually overrule the Wisconsin decision.[2]

Wisconsin Supreme Court Chief Justice Edward George Ryan, who had opposed Paine in the Booth case as attorney for the United States, said of him, "The first opportunity I had of forming an estimate of his high ability, was in the famous case under the fugitive slave act, in 1854 and 1855. He was employed for the defendant; I, for the United States. We both brought to the case, not only ordinary professional zeal, but all the prejudices of all our lives. He was a frank and manly abolitionist. I was as decidedly what was called pro-slavery. We were both thoroughly in earnest...I thought him a fanatic. He probably thought me one. Possibly we both were."[2]

In the 1856 session of the Wisconsin State Senate, Paine served as Chief Clerk. In 1857 he was elected Judge in Milwaukee County, where he served until his election to the Wisconsin Supreme Court in 1859.[2][4]

Civil War Service

Paine's term on the Supreme Court was set to expire in 1865, but in the midst of the American Civil War, in 1864, Paine chose to resign from the Court and enlist with the Union Army.[4][5] He was commissioned as lieutenant colonel for the newly raised 43rd Wisconsin Volunteer Infantry Regiment, serving under Colonel Amasa Cobb.[4] The regiment was assigned to Tennessee to defend railroad and supply lines, and saw some combat during the Franklin–Nashville Campaign near the end of the war.[2][6]

Later years and 2nd Supreme Court term

After the Civil War, Paine returned to Milwaukee and resumed practicing law. During this period, he participated in another significant civil rights case, when he represented Ezekiel Gillespie in the 1866 case of Gillespie v. Palmer. Gillespie was a former slave who attempted to vote in Milwaukee in 1865, but was turned away. Paine argued that Wisconsin had granted voting rights to African Americans through an 1849 law and referendum, which had been ignored for the previous 17 years. The Wisconsin Supreme Court ruled in Gillespie's favor, ruling that African Americans had the right to vote in Wisconsin.[7][8]

In 1867, Jason Downer, who had succeeded Paine on the Wisconsin Supreme Court, resigned. Wisconsin Governor Lucius Fairchild appointed Paine to fill the vacancy. Paine served on the Supreme Court until his death in January 1871.[4]

Family and personal life

Paine married Clarissa Wyman. They had five sons, though only three survived infancy. He was an avid reader and enjoyed studying theology.

Paine died on January 13, 1871, in Monona, Wisconsin.[4]

Electoral history

Wisconsin Supreme Court (1868)

Wisconsin Supreme Court Election, 1868[9]

Party		Candidate	Votes	%	±%
General Election, April 7, 1868
	Nonpartisan	Byron Paine (incumbent)	71,908	52.09%
	Nonpartisan	E. Holmes Ellis	66,143	47.91%
Plurality			5,765	4.18%
Total votes			138,051	100.0%

References

1. Ranney, Joseph (November 1, 2002). "Concepts of Freedom: The Life of Justice Byron Paine". Wisconsin Lawyer. Vol. 75. Wisconsin Bar. Retrieved May 25, 2019.
2. "Byron Paine". Wisconsin Court System. Retrieved 2011-11-01.
3. "Byron Paine". Wisconsin Historical Society. Retrieved 2011-11-01.
4. "Death of Byron Paine". The Watertown News. Watertown, WI. January 18, 1871. p. 3. Retrieved August 1, 2020 – via Newspapers.com.
5. "Judge Byron Paine". The Wisconsin Lumberman. Stevens Point, WI. August 17, 1864. p. 3. Retrieved August 3, 2020 – via Newspapers.com.
6. Quiner, Edwin Bentley (1866). "Regimental History – Forty-Second to Forty-Third Infantry". The Military History of Wisconsin. Chicago: Clarke & Co. pp. 859–860. Retrieved January 12, 2021.
7. "Ezekiel Gillespie: The Man Who Wanted to Vote". February 18, 2013. Retrieved May 25, 2019.
8. Gillespie v. Palmer, 20 Wis. 544 (Wisconsin Supreme Court January 1866).
9. "Official Vote". Semi-Weekly Wisconsin. June 13, 1868. p. 1. Retrieved January 12, 2021 – via Newspapers.com.

External links

• Byron Paine at Find a Grave