David Allen Smalley (April 6, 1809 – March 10, 1877) was a

United States district judge The United States district courts are the trial courts of the U.S. federal judiciary. There is one district court for each federal judicial district, which each cover one U.S. state or, in some cases, a portion of a state. Each district cou ...

of the

United States District Court for the District of Vermont The United States District Court for the District of Vermont (in case citations, D. Vt.) is the United States district court, federal district court whose jurisdiction is the federal district of Vermont. The court has locations in Brattleboro, ...

Education and career

Smalley was born in

Middlebury, Vermont Middlebury is the shire town (county seat) of Addison County, Vermont, United States. As of the 2020 U.S. Census, the population was 9,152. Middlebury is home to Middlebury College and the Henry Sheldon Museum of Vermont History. History On ...

, on April 6, 1809. He graduated from the academy in

St. Albans St Albans () is a cathedral city in Hertfordshire, England, east of Hemel Hempstead and west of Hatfield, north-west of London, south-west of Welwyn Garden City and south-east of Luton. St Albans was the first major town on the old Roman r ...

, read law with his uncle's firm, Smalley & Adams, and was

admitted to the bar An admission to practice law is acquired when a lawyer receives a license to practice law. In jurisdictions with two types of lawyer, as with barristers and solicitors, barristers must gain admission to the bar whereas for solicitors there are dist ...

in 1831. He practiced in Jericho, Vermont, where he was also postmaster from 1831 to 1836. He subsequently relocated, first to Lowell, Vermont in 1836, and then to

Burlington Burlington may refer to: Places Canada Geography * Burlington, Newfoundland and Labrador * Burlington, Nova Scotia * Burlington, Ontario, the most populous city with the name "Burlington" * Burlington, Prince Edward Island * Burlington Bay, no ...

, Vermont from 1836 to 1857. He was a member of the

Vermont Senate The Vermont Senate is the upper house of the Vermont General Assembly, the state legislature of the U.S. state of Vermont. The senate consists of 30 members. Senate districting divides the 30 members into three single-member districts, six two-m ...

from 1843 to 1844. He practiced law in Burlington with different partners at different times. One partner was Edward J. Phelps, and the firm of Smalley & Phelps included George F. Edmunds among those who studied law in their offices. At the

1852 Democratic National Convention The 1852 Democratic National Convention was a presidential nominating convention that met from June 1 to June 5 in Baltimore, Maryland. It was held to nominate the Democratic Party's candidates for president and vice president in the 1852 electi ...

he was Vice Chairman of the Vermont delegation, a member of the platform committee and was selected to serve as Vermont's member of the Democratic National Committee. President Franklin Pierce appointed him Collector of Customs for the District of Vermont on April 6, 1853, and he served until February 16, 1857. Again a delegate at the

1856 Democratic National Convention The 1856 Democratic National Convention was a presidential nominating convention that met from June 2 to June 6 in Cincinnati, Ohio. It was held to nominate the Democratic Party's candidates for president and vice president in the 1856 election ...

held in

Cincinnati Cincinnati ( ) is a city in the U.S. state of Ohio and the county seat of Hamilton County. Settled in 1788, the city is located at the northern side of the confluence of the Licking and Ohio rivers, the latter of which marks the state line wit ...

Ohio Ohio () is a state in the Midwestern region of the United States. Of the fifty U.S. states, it is the 34th-largest by area, and with a population of nearly 11.8 million, is the seventh-most populous and tenth-most densely populated. The sta ...

, he was reappointed to the National Committee, and he served as Chairman from 1856 to 1860.

1860 Democratic National Convention

As Chairman of the Democratic National Committee it was Smalley's task to open the ill-fated

1860 Democratic National Convention The 1860 Democratic National Conventions were a series of presidential nominating conventions held to nominate the Democratic Party's candidates for president and vice president in the 1860 election. The first convention, held from April 23 t ...

in Charleston,

South Carolina )'' Animis opibusque parati'' ( for, , Latin, Prepared in mind and resources, links=no) , anthem = " Carolina";" South Carolina On My Mind" , Former = Province of South Carolina , seat = Columbia , LargestCity = Charleston , LargestMetro = ...

Federal judicial service

Smalley was nominated by President Franklin Pierce on February 2, 1857, to a seat on the

vacated by Judge Samuel Prentiss. He was confirmed by the

United States Senate The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and pow ...

on February 3, 1857, and received his commission the same day. His service terminated on March 10, 1877, due to his death in Burlington. He was buried at Greenmount Cemetery in Burlington.

Honor

Smalley received an honorary

Master of Arts A Master of Arts ( la, Magister Artium or ''Artium Magister''; abbreviated MA, M.A., AM, or A.M.) is the holder of a master's degree awarded by universities in many countries. The degree is usually contrasted with that of Master of Science. Th ...

degree from the

University of Vermont The University of Vermont (UVM), officially the University of Vermont and State Agricultural College, is a public land-grant research university in Burlington, Vermont. It was founded in 1791 and is among the oldest universities in the United ...

in 1846.

Family

In 1833, Smalley married Laura Barlow, the daughter of Bradley Barlow (1770–1836), and sister of Congressman

Bradley Barlow Bradley Barlow (May 12, 1814 – November 6, 1889) was a nineteenth-century banker and politician who served as a U.S. Representative from Vermont. Early life and career Barlow was born in Fairfield, Vermont, son of Colonel Bradley and Deborah ...

. They had five children, four of whom lived to adulthood; Henry Adams; Bradley Barlow; Jacob Meack; and Eugene Allen. Henry A. Smalley (1834–1888) attended Norwich University and the

. He was a graduate of the

United States Military Academy The United States Military Academy (USMA), also known metonymically as West Point or simply as Army, is a United States service academy in West Point, New York. It was originally established as a fort, since it sits on strategic high groun ...

and attained the rank of brevet

Brigadier General Brigadier general or Brigade general is a military rank used in many countries. It is the lowest ranking general officer in some countries. The rank is usually above a colonel, and below a major general or divisional general. When appointed ...

during the

American Civil War The American Civil War (April 12, 1861 – May 26, 1865; also known by other names) was a civil war in the United States. It was fought between the Union ("the North") and the Confederacy ("the South"), the latter formed by states ...

. He later worked as an engineer for

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, and was responsible for the construction of the

New Croton Aqueduct The New Croton Aqueduct is an aqueduct in the New York City water supply system in Westchester County, New York carrying the water of the Croton Watershed. Built roughly parallel to the Old Croton Aqueduct it originally augmented, the new sys ...

. Bradley B. Smalley (1835–1909) was a Vermont attorney. He served on the staff of

Governor A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...

Frederick Holbrook Frederick Holbrook (February 15, 1813 – April 28, 1909) was an American farmer, businessman, and Governor of the State of Vermont. Active in politics and government, first as a Whig, and later as a Republican, he was most notable for his serv ...

with the rank of

colonel Colonel (abbreviated as Col., Col or COL) is a senior military officer rank used in many countries. It is also used in some police forces and paramilitary organizations. In the 17th, 18th and 19th centuries, a colonel was typically in charge o ...

during the Civil War. Bradley B. Smalley was later appointed Clerk of the United States District Court and Collector of Customs. He also served on the Burlington City Council and was a member of the Democratic National Committee. Jacob M. Smalley (1837–1874) was a

United States Navy The United States Navy (USN) is the maritime service branch of the United States Armed Forces and one of the eight uniformed services of the United States. It is the largest and most powerful navy in the world, with the estimated tonnage ...

veteran who served in the

Union Navy The Union Navy was the United States Navy (USN) during the American Civil War, when it fought the Confederate States Navy (CSN). The term is sometimes used carelessly to include vessels of war used on the rivers of the interior while they were un ...

during the Civil War. He subsequently served as a Deputy US Customs Collector and Deputy US Marshal for Vermont and engaged in business ventures including an ownership stake in Utah's

Bingham Canyon Mine The Bingham Canyon Mine, more commonly known as Kennecott Copper Mine among locals, is an open-pit mining operation extracting a large porphyry copper deposit southwest of Salt Lake City, Utah, in the Oquirrh Mountains. The mine is the largest m ...

. Eugene A. Smalley (1839–1913) attended the University of Vermont and

Union College Union College is a private liberal arts college in Schenectady, New York. Founded in 1795, it was the first institution of higher learning chartered by the New York State Board of Regents, and second in the state of New York, after Columbia Co ...

. He enlisted for the Civil War as a

Private Private or privates may refer to: Music * " In Private", by Dusty Springfield from the 1990 album ''Reputation'' * Private (band), a Denmark-based band * "Private" (Ryōko Hirosue song), from the 1999 album ''Private'', written and also recorde ...

in the

19th Ohio Infantry The 19th Ohio Infantry Regiment was an infantry regiment in the Union Army during the American Civil War. Service Three-months regiment The 19th Ohio Infantry Regiment organized at Cleveland, Ohio, in April and May 1861 in response to President ...

. He was subsequently commissioned as a

First Lieutenant First lieutenant is a commissioned officer military rank in many armed forces; in some forces, it is an appointment. The rank of lieutenant has different meanings in different military formations, but in most forces it is sub-divided into a ...

in the

United States Marine Corps The United States Marine Corps (USMC), also referred to as the United States Marines, is the maritime land force service branch of the United States Armed Forces responsible for conducting expeditionary and amphibious operations through combi ...

. After his 1866 discharge he was a farmer in

Colchester Colchester ( ) is a city in Essex, in the East of England. It had a population of 122,000 in 2011. The demonym is Colcestrian. Colchester occupies the site of Camulodunum, the first major city in Roman Britain and its first capital. Colch ...

, Vermont, and also worked as Vermont's Deputy Customs Collector and Deputy

United States Marshal The United States Marshals Service (USMS) is a federal law enforcement agency in the United States. The USMS is a bureau within the U.S. Department of Justice, operating under the direction of the Attorney General, but serves as the enforc ...

References

Sources

*
David A. Smalley
a
''The Political Graveyard''
* {{DEFAULTSORT:Smalley, David Allen 1809 births 1877 deaths People from Middlebury, Vermont Democratic Party Vermont state senators Vermont lawyers Vermont postmasters Democratic National Committee chairs Judges of the United States District Court for the District of Vermont United States federal judges appointed by Franklin Pierce 19th-century American judges 19th-century American politicians United States federal judges admitted to the practice of law by reading law