Abram Daniel Smith (June 9, 1811 – June 3, 1865), often abbreviated A. D. Smith, was an American lawyer, politician, and pioneer. As a leader of the Hunters' Lodges, he was elected President of the Republic of Canada in the midst of the Canadian Rebellions of 1837–1838. Later, he became a prominent lawyer in the Wisconsin Territory, and was one of the first justices of the Wisconsin Supreme Court, where he authored a major opinion against the Fugitive Slave Act of 1850.[1]
The Honorable Abram D. Smith | |
|---|---|
 Smith in 1856 | |
| Justice of the Wisconsin Supreme Court | |
| In office June 1853 – June 1859 | |
| Preceded by | Position established |
| Succeeded by | Byron Paine |
| Personal details | |
| Born | June 9, 1811 Lowville, New York, U.S. |
| Died | June 3, 1865 (aged 53) New York, New York, U.S. |
| Resting place | Forest Home Cemetery Milwaukee, Wisconsin, U.S. |
| Political party | Democratic |
| Spouse | Mary Augusta Reed (m. 1832; died 1866) |
| Children |
|
| Relatives |
|
Early life edit
Smith was born in Lowville, New York. He eventually settled in Sackets Harbor, New York, where he read law. Smith was a fervent member of the Equal Rights Party (also known as the Locofocos) an anti-Tammany faction of the Democratic Party in New York. They emphasized economic justice, and equal rights for all.[2]
He married Mary Augusta Reed (1811-1866) of Westford, Massachusetts, in the fall of 1832. Mary's family settled in Tyngsboro, Massachusetts, then at Castleton, Vermont. Smith probably met her there when he was attending Castleton Medical School, graduating in 1831. The Smiths moved to Cleveland, Ohio, in 1836 or 1837, and he was elected a justice of the peace in Cleveland in March 1837.[3]
Canadian Rebellion edit
In Cleveland, Smith was a prominent leader of the Hunters' Lodge, a paramilitary organization which aligned itself with Canadian anti-royalist rebellions taking place in 1837 and 1838. After the rebels declared a new Republic of Canada, Smith was elected its president at a convention of Hunters' Lodges in Cleveland in September 1838. The Lodges were organized much like the Freemasons, of which Smith was also a member. In sympathy with the Canadian rebellion, the Hunters' Lodges launched the Patriot War against Canada in 1838, but it was ultimately unsuccessful due to the combined efforts of both the American and British governments.[3]
Wisconsin edit
Smith moved to Milwaukee around 1842, and established a law practice. In December 1844, he was elected High Priest of the Milwaukee Royal Arch Chapter. The Grand Lodge of Wisconsin was formed on December 18, 1843, composed of three lodges (Warren, Madison, and New Diggings). By 1845, Smith was appointed deputy Grand Master of the Grand Lodge.[4] He was a candidate for Mayor of Milwaukee in 1851, but was unsuccessful.
Supreme Court edit
In 1853, he was elected to the newly established Wisconsin Supreme Court.[5] One of his most famous decisions was the case In Re: Booth, in 1854, in which abolitionist Sherman Booth was charged with assisting the escape of former slave Joshua Glover in violation of the Fugitive Slave Act of 1850. Booth's attorney, Byron Paine, sought relief from the Wisconsin Supreme Court and obtained an order from Judge Smith freeing Booth and ruling that the Fugitive Slave Act was an unconstitutional usurpation of state authority. His decision was challenged before the full Wisconsin Supreme Court by United States Attorney John Sharpstein, but the full court unanimously concurred that the arrest order for Booth was defective, and, in a 2-1 decision, concurred that the Fugitive Slave Act was unconstitutional. Wisconsin was the first state to declare the Fugitive Slave Act to be unconstitutional, and the case was an important precedent in state attempts at nullification of federal law in the years leading up to the American Civil War.[1][6]
The decision, however, did not stand, as it was then challenged in federal court. It eventually reached the Supreme Court of the United States in the 1859 case of Ableman v. Booth. The Supreme Court overturned the Wisconsin decision and asserted the Supremacy Clause required that state courts could not be allowed to invalidate the decisions of federal courts. Booth was ultimately pardoned by President James Buchanan at the request of United States district judge Andrew G. Miller.[1][6]
Smith was not renominated for another term on the Court, though he was replaced by ideological ally Byron Paine, who had been the attorney for Sherman Booth.[1]
Later years edit
He continued to reside in Milwaukee and practiced law until 1861, when, at the outbreak of the American Civil War, he was appointed to the federal revenue service in South Carolina, where he worked until his death.[1]
He became ill in the spring of 1865 and traveled to New York City by steam boat from Hilton Head, South Carolina. He arrived in an exhausted and deteriorating condition and died in New York on June 3, 1865; his remains were returned to Milwaukee for interment.[7]
Electoral history edit
Milwaukee Mayor (1851) edit
| Party | Candidate | Votes | % | ±% | |
|---|---|---|---|---|---|
| General Election | |||||
| Democratic | George H. Walker | 1,841 | 55.19% | ||
| Democratic | Abram D. Smith | 1,495 | 44.81% | ||
| Plurality | 346 | 10.37% | |||
| Total votes | 3,336 | 100.0% | |||
| Democratic hold | |||||
Wisconsin Supreme Court (1852) edit
| Party | Candidate | Votes | % | ±% | |
|---|---|---|---|---|---|
| General Election, September 1852 | |||||
| Democratic | Abram D. Smith | 10,837 | 51.00% | ||
| Independent | Marshall Strong | 10,410 | 49.00% | ||
| Plurality | 427 | 2.01% | |||
| Total votes | 21,247 | 100.0% | |||
| Democratic win (new seat) | |||||
References edit
- ^ a b c d e "Smith, Abram Daniel 1811 – 1865". Wisconsin Historical Society. 8 August 2017. Retrieved May 22, 2020.
- ^ Dunley, Ruth (2019). The Lost President: A. D. Smith and the Hidden History of Radical Democracy in Civil War America. University of Georgia Press. ISBN 9780820354545. Retrieved May 22, 2020.
- ^ a b Dunley, Ruth (2005–2006). "In search of A.D. Smith: A History Detective's Quest". The Wisconsin Magazine of History. 89 (2). Wisconsin Historical Society: 19–21.
- ^ American Masonic Register and Literary Companion: 115. 6 June 1845.
{{cite journal}}: CS1 maint: untitled periodical (link) - ^ "Abram D. Smith (1811-1865)". Wisconsin Court System. Retrieved May 22, 2020.
- ^ a b "In Re: Booth" (PDF). Wisconsin Court System. Retrieved June 10, 2020.
- ^ "Death of Judge A. D. Smith". The Daily Milwaukee News. Milwaukee. July 28, 1865. p. 4. Retrieved June 10, 2020.
- ^ "Charter Election Returns". Daily Free Democrat. May 21, 1851. p. 3. Retrieved May 22, 2020 – via Newspapers.com.
- ^ "Judicial Election". Racine Advocate. October 13, 1852. p. 2. Retrieved April 7, 2023 – via Newspapers.com.