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The1859 Wisconsin Supreme Court election was held on Tuesday, April 5, 1859, to elect a justice to theWisconsin Supreme Court for a full term.Byron Paine was elected to succeedAbram D. Smith.
Incumbent justiceAbram D. Smith (elected in 1852 as aDemocrat) was not re-nominated. However,Republican nomineeByron Paine –who won election– was ideologically aligned with Smith. Smith's most notable opinion had been the majority opinion inIn Re: Booth, which ruled against the constitutionality of theFugitive Slave Act of 1850 (but was overturned by theUnited States Supreme Court inAbleman v. Booth). In that case, Paine had represented the appellant to the state court (Sherman Booth), whom Smith's decision had found in favor of.[1]
| Party | Candidate | Votes | % | ±% | |
|---|---|---|---|---|---|
| General Election, April 5, 1859 | |||||
| Republican | Byron Paine | 40,500 | 51.36 | ||
| Democratic | William Pitt Lynde | 38,355 | 48.64 | ||
| Plurality | 2,145 | 2.72 | |||
| Total votes | 78,855 | 100 | |||
| Republicangain fromDemocratic | |||||
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