Abram D. Smith
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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 The Hunters' Lodge was the last of a series of secret organizations formed in 1838 in the United States during the Rebellions in Upper and Lower Canada. The organization arose in Vermont among Lower Canadian refugees (the eastern division or F ...
, he was elected President of the
Republic of Canada The Republic of Canada was a government proclaimed by William Lyon Mackenzie on December 5, 1837. The self-proclaimed government was established on Navy Island in the Niagara River in the latter days of the Upper Canada Rebellion. History In t ...
in the midst of the Canadian
Rebellions of 1837–1838 The Rebellions of 1837–1838 (), were two armed rebellion, uprisings that took place in Lower Canada, Lower and Upper Canada in 1837 and 1838. Both rebellions were motivated by frustrations with lack of political reform. A key shared goal was r ...
. Later, he became a prominent lawyer in the
Wisconsin Territory The Territory of Wisconsin was an organized and incorporated territory of the United States that existed from July 3, 1836, until May 29, 1848, when an eastern portion of the territory was admitted to the Union as the State of Wisconsin. Belm ...
, and was one of the first justices of the
Wisconsin Supreme Court The Wisconsin Supreme Court is the Supreme court, highest and final court of appeals in the state judicial system of the U.S. state of Wisconsin. In addition to hearing appeals of lower Wisconsin court decisions, the Wisconsin Supreme Court also ...
, where he authored a major opinion against the
Fugitive Slave Act of 1850 The Fugitive Slave Act or Fugitive Slave Law was a law passed by the 31st United States Congress on September 18, 1850, as part of the Compromise of 1850 between Southern interests in slavery and Northern Free-Soilers. The Act was one ...
.


Early life

Smith was born in
Lowville, New York Lowville is a Administrative divisions of New York#Town, town in Lewis County, New York, United States. The population was 4,888 at the 2020 census,
. He eventually settled in
Sackets Harbor, New York Sackets Harbor (earlier spelled Sackett (surname), Sacketts Harbor) is a village in Jefferson County, New York, United States, on Lake Ontario. The population was 1,450 at the 2010 census. The village was named after land developer and owner Augus ...
, where he read law. Smith was a fervent member of the Equal Rights Party (also known as the
Locofocos The Locofocos (also Loco Focos or Loco-focos) were a faction of the Democratic Party in American politics that existed from 1835 until the mid-1840s. History The faction, originally named the Equal Rights Party, was created in New York City as ...
) an anti-
Tammany Tamanend ("the Affable"; ), historically also known as Taminent, Tammany, Saint Tammany or King Tammany, was the Chief of Chiefs and Chief of the Turtle Clan of the Lenape, Lenni-Lenape nation in the Delaware Valley signing the founding peace t ...
faction of the Democratic Party in New York. They emphasized economic justice, and equal rights for all. He married Mary Augusta Reed (1811-1866) of
Westford, Massachusetts Westford is a town in Middlesex County, Massachusetts, Middlesex County, Massachusetts, United States. The population was at 24,643 at the time of the 2020 United States census, 2020 Census. History Westford began as 'West Chelmsford,' a villag ...
, in the fall of 1832. Mary's family settled in
Tyngsboro, Massachusetts Tyngsborough (also spelled Tyngsboro) is a town in northern Middlesex County, Massachusetts, United States. Tyngsborough is from Boston along the Route 3 corridor, and located on the New Hampshire state line. At the 2020 census, the town popul ...
, then at
Castleton, Vermont Castleton is a town in Rutland County, Vermont, United States. Castleton is about to the west of Rutland, the county's seat and most populous city, and about east of the New York/Vermont state border. The town had a population of 4,458 at the ...
. Smith probably met her there when he was attending Castleton Medical School, graduating in 1831. The Smiths moved to
Cleveland, Ohio Cleveland is a city in the U.S. state of Ohio and the county seat of Cuyahoga County, Ohio, Cuyahoga County. Located along the southern shore of Lake Erie, it is situated across the Canada–United States border, Canada–U.S. maritime border ...
, in 1836 or 1837, and he was elected a justice of the peace in Cleveland in March 1837.


Canadian Rebellion

In Cleveland, Smith was a prominent leader of the Hunters' Lodge, a paramilitary organization which aligned itself with Canadian anti-royalist
rebellions Rebellion is an uprising that resists and is organized against one's government. A rebel is a person who engages in a rebellion. A rebel group is a consciously coordinated group that seeks to gain political control over an entire state or a ...
taking place in 1837 and 1838. After the rebels declared a new
Republic of Canada The Republic of Canada was a government proclaimed by William Lyon Mackenzie on December 5, 1837. The self-proclaimed government was established on Navy Island in the Niagara River in the latter days of the Upper Canada Rebellion. History In t ...
, Smith was elected its president at a convention of Hunters' Lodges in Cleveland in September 1838. The Lodges were organized much like the
Freemasons Freemasonry (sometimes spelled Free-Masonry) consists of fraternal groups that trace their origins to the medieval guilds of stonemasons. Freemasonry is the oldest secular fraternity in the world and among the oldest still-existing organizati ...
, of which Smith was also a member. In sympathy with the Canadian rebellion, the Hunters' Lodges launched the
Patriot War The Patriot War was a conflict along the Canada–United States border in which bands of raiders attacked the United Kingdom of Great Britain and Ireland, British colony of Upper Canada more than a dozen times between December 1837 and Decemb ...
against Canada in 1838, but it was ultimately unsuccessful due to the combined efforts of both the American and British governments.


Wisconsin

Smith moved to
Milwaukee Milwaukee is the List of cities in Wisconsin, most populous city in the U.S. state of Wisconsin. Located on the western shore of Lake Michigan, it is the List of United States cities by population, 31st-most populous city in the United States ...
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. He was a candidate for Mayor of
Milwaukee Milwaukee is the List of cities in Wisconsin, most populous city in the U.S. state of Wisconsin. Located on the western shore of Lake Michigan, it is the List of United States cities by population, 31st-most populous city in the United States ...
in 1851, but was unsuccessful.


Supreme Court

In 1853, he was elected to the newly established
Wisconsin Supreme Court The Wisconsin Supreme Court is the Supreme court, highest and final court of appeals in the state judicial system of the U.S. state of Wisconsin. In addition to hearing appeals of lower Wisconsin court decisions, the Wisconsin Supreme Court also ...
. One of his most famous decisions was the case ''In Re: Booth'', in 1854, in which
abolitionist Abolitionism, or the abolitionist movement, is the political movement to end slavery and liberate enslaved individuals around the world. The first country to fully outlaw slavery was Kingdom of France, France in 1315, but it was later used ...
Sherman Booth Sherman Miller Booth (September 25, 1812August 10, 1904) was an American abolitionist activist, newspaper editor, and politician in Wisconsin. He was instrumental in forming the Liberty Party in 1840, the Free Soil Party in 1848, and finally the ...
was charged with assisting the escape of former slave
Joshua Glover Joshua Glover was a fugitive slave who escaped from the United States to Canada in the 1850s. His escape from recapture was part of the chain of events that led to the Civil War and the end of slavery in the U.S. Originally from the state of M ...
in violation of the
Fugitive Slave Act of 1850 The Fugitive Slave Act or Fugitive Slave Law was a law passed by the 31st United States Congress on September 18, 1850, as part of the Compromise of 1850 between Southern interests in slavery and Northern Free-Soilers. The Act was one ...
. Booth's attorney,
Byron Paine Byron Paine (October 10, 1827January 13, 1871) was an American lawyer, judge, and Wisconsin pioneer. He was a justice of the Wisconsin Supreme Court from 1867 until his death in 1871, and also served on the court from 1859 to 1864, interrupting ...
, sought relief from the
Wisconsin Supreme Court The Wisconsin Supreme Court is the Supreme court, highest and final court of appeals in the state judicial system of the U.S. state of Wisconsin. In addition to hearing appeals of lower Wisconsin court decisions, the Wisconsin Supreme Court also ...
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 United States attorneys are officials of the U.S. Department of Justice who serve as the chief federal law enforcement officers in each of the 94 U.S. federal judicial districts. Each U.S. attorney serves as the United States' chief federal ...
John Sharpstein John Randolph Sharpstein (May 3, 1823 – December 28, 1892) was an American lawyer and judge. He was an associate justice of the Supreme Court of California for twelve years, and previously served as a member of the Wisconsin State Senate an ...
, 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 Nullification may refer to: * Nullification (U.S. Constitution), a legal theory that a state has the right to nullify any federal law deemed unconstitutional with respect to the United States Constitution ** Nullification crisis, the 1832 confron ...
of federal law in the years leading up to the American Civil War. The decision, however, did not stand, as it was then challenged in federal court. It eventually reached the
Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all Federal tribunals in the United States, U.S. federal court cases, and over Stat ...
in the 1859 case of '' Ableman v. Booth''. The Supreme Court overturned the Wisconsin decision and asserted the
Supremacy Clause The Supremacy Clause of the Constitution of the United States ( Article VI, Clause 2) establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the "supreme Law of the Land", and th ...
required that state courts could not be allowed to invalidate the decisions of federal courts. Booth was ultimately pardoned by President
James Buchanan James Buchanan Jr. ( ; April 23, 1791June 1, 1868) was the 15th president of the United States, serving from 1857 to 1861. He also served as the United States Secretary of State, secretary of state from 1845 to 1849 and represented Pennsylvan ...
at the request of
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. Each district covers one U.S. state or a portion of a state. There is at least one feder ...
Andrew G. Miller. 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.


Later years

He continued to reside in Milwaukee and practiced law until 1861, when, at the outbreak of the
American Civil War The American Civil War (April 12, 1861May 26, 1865; also known by Names of the American Civil War, other names) was a civil war in the United States between the Union (American Civil War), Union ("the North") and the Confederate States of A ...
, he was appointed to the federal
revenue service A revenue service, revenue agency or taxation authority is a government agency responsible for the intake of government revenue, including taxes and sometimes non-tax revenue. Depending on the jurisdiction, revenue services may be charged wit ...
in
South Carolina South Carolina ( ) is a U.S. state, state in the Southeastern United States, Southeastern region of the United States. It borders North Carolina to the north and northeast, the Atlantic Ocean to the southeast, and Georgia (U.S. state), Georg ...
, where he worked until his death. He became ill in the spring of 1865 and traveled to
New York City New York, often called New York City (NYC), is the most populous city in the United States, located at the southern tip of New York State on one of the world's largest natural harbors. The city comprises five boroughs, each coextensive w ...
by steam boat from
Hilton Head, South Carolina Hilton Head Island, often referred to as simply Hilton Head, is a Lowcountry resort town and barrier island in Beaufort County, South Carolina, United States. It is northeast of Savannah, Georgia (as the crow flies), and southwest of Charles ...
. 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.


Electoral history


Milwaukee Mayor (1851)

, colspan="6" style="text-align:center;background-color: #e9e9e9;", General Election


Wisconsin Supreme Court (1852)

, colspan="6" style="text-align:center;background-color: #e9e9e9;", General Election, September 1852


References


External links

* * , - {{DEFAULTSORT:Smith, Abram D. 1811 births 1865 deaths People from Lowville, New York Lawyers from Milwaukee Justices of the Wisconsin Supreme Court 19th-century Wisconsin state court judges 19th-century American lawyers