Smith Thompson (January 17, 1768 – December 18, 1843) was a
US Secretary of the Navy from 1819 to 1823 and a
US Supreme Court Associate Justice
Associate justice or associate judge (or simply associate) is a judicial panel member who is not the chief justice in some jurisdictions. The title "Associate Justice" is used for members of the Supreme Court of the United States and some sta ...
from 1823 to his death.
Early life and the law
Born in
Amenia, New York
Amenia is a town in Dutchess County, New York, United States. The population was 4,436 at the 2010 census. The town is on the eastern border of the county.
History
Amenia is one of the original towns formed by act of March 7, 1788. It compris ...
,
Thompson graduated from
Princeton University
Princeton University is a private research university in Princeton, New Jersey. Founded in 1746 in Elizabeth as the College of New Jersey, Princeton is the fourth-oldest institution of higher education in the United States and one of the n ...
(then known as the College of New Jersey) in 1788, taught for a short period thereafter, then studied law under
James Kent and subsequently set up a law practice.
He practiced in
Troy, New York from 1792 to 1793, and in
Poughkeepsie, New York from 1793 to 1802.
Smith Thompson's father Ezra Thompson (1738-1816) and grandfather Samuel Thompson (1696-1768) were part of a family group that moved from New Haven, Connecticut to
Dutchess County
Dutchess County is a county in the U.S. state of New York. As of the 2020 census, the population was 295,911. The county seat is the city of Poughkeepsie. The county was created in 1683, one of New York's first twelve counties, and later or ...
, New York by the time of the Revolution. His father's first cousins
Israel Thompson and
Jesse Thompson were both prominent citizens who served multiple terms in the
New York State Assembly
The New York State Assembly is the lower house of the New York State Legislature, with the New York State Senate being the upper house. There are 150 seats in the Assembly. Assembly members serve two-year terms without term limits.
The Assem ...
.
Politics and the court
Smith Thompson was elected to the
New York State Assembly
The New York State Assembly is the lower house of the New York State Legislature, with the New York State Senate being the upper house. There are 150 seats in the Assembly. Assembly members serve two-year terms without term limits.
The Assem ...
in 1800, and attended the
New York Constitutional Convention of 1801.
He was appointed to the
New York State Supreme Court in 1802, serving as associate justice from 1802 to 1814, and chief justice from 1814 to 1818.
In 1819, Thompson achieved national prominence when he was appointed the 6th
Secretary of the Navy by
U.S. President James Monroe, and then again in 1823–1824, when he campaigned for the
Democratic-Republican Party presidential nomination for the
1824 U.S. presidential election
The 1824 United States presidential election was the tenth quadrennial presidential election. It was held from Tuesday, October 26 to Thursday, December 2, 1824. Andrew Jackson, John Quincy Adams, Henry Clay and William Crawford were the primar ...
. He would withdraw from his presidential campaign when outcompeted by other candidates.
Thompson only reluctantly accepted his
recess appointment to the
United States Supreme Court
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 U.S. federal court cases, and over state court cases that involve a point ...
from President
James Monroe on September 1, 1823. He was to fill a seat vacated by
Henry Brockholst Livingston.
Formally nominated on December 5, 1823, Thompson 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 ...
on December 9, 1823, and received his commission the same day.
Throughout his time on the court he was a staunch opponent of Chief Justice
John Marshall.
In a move now considered unusual, but then quite common, Thompson continued his political ambitions by running for other political offices while still on the bench. However, his
1828 bid for
Governor of New York was unsuccessful, unlike the example of Chief Justice
John Jay
John Jay (December 12, 1745 – May 17, 1829) was an American statesman, patriot, diplomat, abolitionist, signatory of the Treaty of Paris, and a Founding Father of the United States. He served as the second governor of New York and the fir ...
, who successfully ran a three-year campaign while still a Justice, ultimately winning election as New York State governor in 1795. Thereafter, Thompson mostly exited political life.
His dissent protesting the State of Georgia invading the lands of the Cherokee Nation, i
''Cherokee Nation v. Georgia'', 30 U.S. 1 (1831) is important to understanding the history of Native American rights. Chief Justice Marshall bega
the main opinionsympathetic to the Cherokee Nation's legal claim:
But Chief Justice Marshall found that the Cherokee Nation was not a "foreign nation" and that the Supreme Cour
had no subject matter jurisdictionto even consider the merits of its petition to enjoin the State of Georgia from invading its territory to possess mining interests. Justice Thompson's dissent stated:
Thompson presided over the
Circuit Court trial in Connecticut in the ''
Amistad'' case in 1839. He would also rule on the same case as a justice of the US Supreme Court in 1841.
Justice Smith Thompson remained on the court until his death in Poughkeepsie, New York, on December 18, 1843.
Legacy

In May 1816, Smith Thompson was a founding vice president of the
American Bible Society and provided a copy to every officer and enlisted man in the
Navy
A navy, naval force, or maritime force is the branch of a nation's armed forces principally designated for naval and amphibious warfare; namely, lake-borne, riverine, littoral, or ocean-borne combat operations and related functions. It include ...
while he was Secretary of the Navy.
In May 1822, Lt. Commander
Matthew C. Perry renamed Cayo Hueso (
Key West) to Thompson's Island in honour of Smith Thompson.
In 1919, the
USS ''Smith Thompson'' (DD-212) was named in honor of him on the occasion of the 100th Anniversary of Smith Thompson becoming the Secretary of the Navy.
Marriages
Smith Thompson married first, Sarah Livingston (1777-1833) daughter of
Gilbert Livingston (1742-1806), a law partner of Thompson, and had four children. Second, he married Elizabeth Davenport Livingston (1805-1886), daughter of
Henry Livingston Jr. (1748-1828), and had three more children. Gilbert and Henry were siblings, making his wives, Sarah and Elizabeth, first cousins. Sarah Livingston and her husband's Supreme Court predecessor,
Henry Brockholst Livingston, were also cousins via their common
Livingston family ancestors,
Robert Livingston, the Elder (1654-1728) and
Alida (née Schuyler) Van Rensselaer (1656–1727) who lived in eastern New York during the 18th century.
One of his sons, Gilbert Livingston Thompson (1796-1874), married Arietta Minthorne Tompkins (1800-1837), daughter of Vice President
Daniel D. Tompkins. Their daughter, Arietta Livingston Thompson (1823-1886), was the mother of
Guy Vernor Henry and grandmother of
Guy Vernor Henry Jr.
See also
*
List of justices of the Supreme Court of the United States
*
List of United States Supreme Court justices by time in office
*
United States Supreme Court cases during the Marshall Court
*
United States Supreme Court cases during the Taney Court
References
Further reading
*
*
* Flanders, Henry
''The Lives and Times of the Chief Justices of the United States Supreme Court'' Philadelphia:
J. B. Lippincott & Co., 1874 at
Google Books
Google Books (previously known as Google Book Search, Google Print, and by its code-name Project Ocean) is a service from Google Inc. that searches the full text of books and magazines that Google has scanned, converted to text using optical ...
.
*
*
*
*
*White, G. Edward. The Marshall Court & Cultural Change, 1815–35. Published in an abridged edition, 1991.
External links
*
Smith Thompsonat the
Naval Historical Center
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, -
{{DEFAULTSORT:Thompson, Smith
1768 births
1843 deaths
19th-century American judges
19th-century American politicians
American Presbyterians
Burials at Poughkeepsie Rural Cemetery
Justices of the Supreme Court of the United States
Lawyers from New York City
Members of the New York State Assembly
Monroe administration cabinet members
New York (state) Democratic-Republicans
New York (state) lawyers
New York (state) National Republicans
New York (state) state court judges
Princeton University alumni
Recess appointments
United States federal judges appointed by James Monroe
United States Secretaries of the Navy