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467:
votes cast at the election. Downer agreed with
Gillespie and his attorney, Byron Paine, writing for the majority that the success or failure of a referendum should only count the votes for and against that specific measure, and should not factor in the number of votes for other candidates or questions on the ballot. Although the case revolved around a technical issue, Downer's decision had the effect of extending voting rights to all African Americans in the state.
478:
for having him arrested for resisting the draft during the Civil War. Downer held that the draft was lawfully constituted and that conspiracy to resist the draft was akin to levying war against the United States, and thus the governor was within his rights to arrest the plaintiff for insurrection.
450:
Downer stood for election the next spring and won a full term on the court without facing opposition. Downer did not enjoy judicial duties, however, and resigned from the court in
September 1867. This also allowed Byron Paine—by then returned from the war—to reclaim his seat, as the
466:
to
African Americans. At the time, the referendum was considered to have failed, because although the majority of those voting on the referendum were in favor, a large number of voters at that election simply did not vote on the referendum question, meaning it did not obtain the majority of all
400:, becoming a partner of John S. Fillmore. Downer began working as editor of the paper, which had just begun issuing a daily edition the prior December. He only remained with the paper for seven months, however, resigning and selling his share of ownership in September 1845 to
528:
When Downer died, he left an estate worth about $ 250,000 ($ 8.18 million in 2023 dollars). He gave away about $ 150,000 to friends and institutions, and left the rest to his wife, Alcy. Alcy made a $ 5,000 donation to the
Wisconsin Female College at
516:
Downer married twice but had no known children. His first wife was Eliza Dunbar, who he married on
December 28, 1847. After her death, he married Alcy Eliza Miner on February 2, 1864. His second wife survived him.
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Downer Avenue in
Milwaukee was named in his honor in 1898. Several additional Milwaukee landmarks bear the "Downer" name—such as the Downer Woods neighborhood and the
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Huntington). The
Downers were descended from Robert Downer, who emigrated from Salisbury, England, to the Massachusetts Bay Colony in the 1630s.
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After leaving the
Supreme Court, Downer was briefly induced to return to the bench in 1869 when he was appointed to fill the last few months of
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1109:
561:
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sued for his right to vote in
Wisconsin, based on an 1849 Wisconsin referendum in which the majority of votes were in favor of extending
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1094:
463:
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220:
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684:
Trial of
Impeachment of Levi Hubbell, judge of the Second Judicial Circuit, by the Senate of the State of Wisconsin, June 1853
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Jason Downer died on September 1, 1883, at his home in Milwaukee. His body was interred at Milwaukee's historic
359:, in September 1813. He was raised and worked from his youth on his father's farm until age 19, when he entered
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and began a law practice there. Milwaukee would remain his primary residence for the rest of his life.
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571:—but those are due to their association with Downer Avenue, not specifically for Downer himself.
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For the next 15 years, Downer distinguished himself as an attorney in Milwaukee and a member of the
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Downer's most noteworthy act as a member of the court was likely his opinion in the 1866 case of
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judge for the 2nd circuit. Otherwise, he devoted the rest of his life to his legal practice.
459:
378:, where he read law and was soon after admitted to the bar. In November 1842, he came to the
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in 1845, but quit after a half year to return to his legal career. He was the namesake of
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Jason Downer was the second of seven children born to Solomon Downer and his wife Martha (
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325:(September 9, 1813 – September 1, 1883) was an American lawyer, judge, and
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870:
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447:, chose Downer. Downer was described at the time as highly qualified and impartial.
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from 1864 to 1867. Earlier in his life, he was one of the earliest editors of the
443:. Several candidates applied for appointment to succeed Paine, but the governor,
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432:
419:, testifying to Hubbell's financial involvement in some cases he presided over.
83:
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436:
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16:
19th century American lawyer and judge, justice of the Wisconsin Supreme Court
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326:
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political minority in the state. In 1853, he became a witness in the
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778:
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In February 1845, Downer purchased a share of the ownership of the
519:
545:. Milwaukee-Downer College was ultimately integrated into
537:, in memory of her husband. The school eventually became
552:
Downer's former home in Milwaukee (whose address is now
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November 15, 1864 – September 11, 1867
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resigned from the court to accept a commission in the
474:, in which Druecker sued former Wisconsin governor
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470:He also wrote the court's opinion in the case of
796:"Famous Cases - Gillespie v. Palmer and others"
458:, in which African American Milwaukee resident
61:November 15, 1864 â September 11, 1867
990:Fall 1869 – December 31, 1869
8:
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882:
880:
847:
845:
843:
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588:
586:
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451:governor appointed him to succeed Downer.
278: 1864–1883)
32:
18:
594:"Former Justices - Justice Jason Downer"
1085:Justices of the Wisconsin Supreme Court
580:
648:
646:
644:
642:
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374:Shortly after graduating, he moved to
118:Fall 1869 â December 31, 1869
558:First Ward Triangle Historic District
533:, on the condition that they name it
507:
7:
917:"Judge Jason Downer's Home Restored"
562:National Register of Historic Places
371:from 1834 until graduating in 1838.
1050:People from Windsor County, Vermont
1105:19th-century American male writers
329:pioneer. He was a justice of the
14:
1100:19th-century American journalists
915:Horne, Michael (March 19, 2018).
415:of Wisconsin circuit court judge
382:. He settled in the village of
1090:Editors of Wisconsin newspapers
887:Downer, David Robinson (1900).
275:
254:
1080:Wisconsin circuit court judges
861:. September 1, 1883. p. 1
720:. November 24, 1864. p. 2
656:The Bench and Bar of Wisconsin
1:
1115:19th-century American lawyers
982:Wisconsin Circuit Court Judge
853:"Death of Judge Jason Downer"
257: 1847, died)
102:Wisconsin Circuit Court Judge
1110:19th-century American judges
653:Reed, Parker McCobb (1882).
623:Wisconsin Historical Society
367:. He subsequently attended
681:Leland, T. C., ed. (1853).
618:"Downer, Jason 1813 - 1883"
1136:
1060:Politicians from Milwaukee
942:"History of Downer Avenue"
750:. June 21, 1865. p. 2
1095:American male journalists
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1010:Associate Justice of the
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1000:
992:
978:
970:
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714:"Judge Paine's Successor"
543:Milwaukee-Downer Seminary
316:
156:
111:
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45:Associate Justice of the
40:
31:
1055:Dartmouth College alumni
539:Milwaukee-Downer College
501:Personal life and legacy
341:Milwaukee-Downer College
1013:Wisconsin Supreme Court
833:Wisconsin Supreme Court
783:Wisconsin Supreme Court
659:. P. M. Reed. pp.
524:Downer's Milwaukee home
488:Wisconsin circuit court
429:Wisconsin Supreme Court
331:Wisconsin Supreme Court
48:Wisconsin Supreme Court
1065:Lawyers from Milwaukee
946:Historic Downer Avenue
890:The Downers of America
803:Wisconsin Court System
598:Wisconsin Court System
525:
390:Milwaukee legal career
1075:Wisconsin Republicans
718:The Telegraph-Courier
556:) is now part of the
554:1201 N. Prospect Ave.
523:
427:In the Fall of 1864,
361:Kimball Union Academy
343:and Downer Avenue in
974:Arthur MacArthur Sr.
858:Oshkosh Northwestern
748:The Weekly Wisconsin
495:Forest Home Cemetery
439:in the midst of the
376:Louisville, Kentucky
345:Milwaukee, Wisconsin
207:Forest Home Cemetery
196:Milwaukee, Wisconsin
141:Arthur MacArthur Sr.
986:for the 2nd Circuit
835: January 1867).
829:21 Wis. 621
824:Druecker v. Salomon
785: January 1866).
779:20 Wis. 544
774:Gillespie v. Palmer
547:Lawrence University
472:Druecker v. Salomon
456:Gillespie v. Palmer
380:Wisconsin Territory
355:Downer was born in
106:for the 2nd Circuit
1120:Wisconsin pioneers
526:
441:American Civil War
397:Milwaukee Sentinel
336:Milwaukee Sentinel
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1021:Succeeded by
993:Succeeded by
460:Ezekiel Gillespie
413:impeachment trial
369:Dartmouth College
320:
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303:Dartmouth College
244:Eliza Jane Dunbar
189:September 1, 1883
176:September 9, 1813
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541:and spawned the
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265:Alcy Eliza Miner
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161:Personal details
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129:Lucius Fairchild
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1070:Wisconsin Whigs
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921:Urban Milwaukee
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484:Arthur McArthur
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423:Judicial career
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357:Sharon, Vermont
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966:Legal offices
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871:Newspapers.com
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569:Downer Theatre
535:Downer College
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445:James T. Lewis
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365:New Hampshire
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203:Resting place
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53:
49:
43:
39:
35:
30:
23:The Honorable
20:
1009:
979:
949:. Retrieved
945:
936:
924:. Retrieved
920:
910:
898:. Retrieved
889:
869:– via
863:. Retrieved
856:
823:
818:
806:. Retrieved
802:
790:
773:
768:
758:– via
752:. Retrieved
747:
744:"State News"
738:
728:– via
722:. Retrieved
717:
708:
696:. Retrieved
689:Beriah Brown
683:
676:
664:. Retrieved
655:
627:. Retrieved
621:
612:
601:. Retrieved
597:
566:
551:
527:
515:
506:
504:
492:
481:
471:
469:
455:
453:
449:
426:
417:Levi Hubbell
406:
395:
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373:
354:
334:
323:Jason Downer
322:
321:
191:(1883-09-01)
148:Succeeded by
124:Appointed by
113:
91:Succeeded by
67:Appointed by
56:
26:Jason Downer
1045:1883 deaths
1040:1813 births
1023:Byron Paine
1004:Byron Paine
951:October 15,
926:October 15,
900:October 15,
893:. pp.
865:October 15,
808:October 15,
754:October 15,
724:October 15,
698:October 15,
691:. pp.
666:October 15,
629:October 15,
486:'s term as
433:Byron Paine
209:, Milwaukee
136:Preceded by
95:Byron Paine
84:Byron Paine
79:Preceded by
1034:Categories
603:2011-11-02
575:References
437:Union Army
402:Rufus King
351:Early life
309:Profession
298:Alma mater
221:Republican
172:1813-09-09
384:Milwaukee
327:Wisconsin
114:In office
57:In office
531:Fox Lake
431:justice
289:Children
693:108â112
560:in the
280:
272:
268:
259:
251:
247:
236:Spouses
831: (
827:,
781: (
777:,
312:Lawyer
198:, U.S.
181:, U.S.
895:94â95
799:(PDF)
661:72â73
274:(
270:
253:(
249:
953:2023
928:2023
902:2023
867:2023
810:2023
756:2023
726:2023
700:2023
668:2023
631:2023
409:Whig
404:.
292:none
226:Whig
186:Died
166:Born
509:nÊe
363:in
1036::
944:.
919:.
879:^
855:.
840:^
801:.
746:.
716:.
687:.
639:^
620:.
596:.
583:^
549:.
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347:.
276:m.
255:m.
955:.
930:.
904:.
873:.
812:.
762:.
732:.
702:.
670:.
633:.
606:.
174:)
170:(
Text is available under the Creative Commons Attribution-ShareAlike License. Additional terms may apply.
