Thomas J. Smith (judge)
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Thomas J. Smith (July 26, 1838 – June 29, 1918)Col. Tom Smith Laid To Rest
, ''Norfolk Ledger-Star'' (July 3, 1918), p. 3.
was chief justice of the
New Mexico Territorial Supreme Court The New Mexico Supreme Court () is the highest court in the U.S. state of New Mexico. It is established and its powers defined by Article VI of the New Mexico Constitution. It is primarily an appellate court which reviews civil and criminal de ...
from 1893 to 1898.


Early life

Born in
Culpeper County, Virginia Culpeper County is a county located along the borderlands of the northern and central region of the Commonwealth of Virginia. As of the 2020 United States census, the population was 52,552. Its county seat and only incorporated community is ...
, to
William Smith William, Willie, Will, Bill, or Billy Smith may refer to: Academics * William Smith (Master of Clare College, Cambridge) (1556–1615), English academic * William Smith (antiquary) (c. 1653–1735), English antiquary and historian of University C ...
, once governor of Virginia, and a descendant of Sir Sidney Smith of England. He was a graduate of the
College of William & Mary The College of William & Mary (abbreviated as W&M) is a public university, public research university in Williamsburg, Virginia, United States. Founded in 1693 under a royal charter issued by King William III of England, William III and Queen ...
and obtained his education in the law at the
University of Virginia The University of Virginia (UVA) is a Public university#United States, public research university in Charlottesville, Virginia, United States. It was founded in 1819 by Thomas Jefferson and contains his The Lawn, Academical Village, a World H ...
. He began practice in
West Virginia West Virginia is a mountainous U.S. state, state in the Southern United States, Southern and Mid-Atlantic (United States), Mid-Atlantic regions of the United States.The United States Census Bureau, Census Bureau and the Association of American ...
. When 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 ...
broke out he entered the
Confederate States Army The Confederate States Army (CSA), also called the Confederate army or the Southern army, was the Military forces of the Confederate States, military land force of the Confederate States of America (commonly referred to as the Confederacy) duri ...
, eventually becoming Colonel of the 36th Virginia Infantry Regiment. At the close of the war he resumed his law practice, locating in
Fauquier County, Virginia Fauquier County is a county (United States), county in the Commonwealth (U.S. state), Commonwealth of Virginia. As of the 2020 United States census, 2020 census, the population was 72,972. The county seat is Warrenton, Virginia, Warrenton. Fa ...
. On one occasion, William Elam, editor of the ''Richmond Whig'', severely criticized Governor Smith editorially, leading Smith to challenge Elam to a duel, in which Elam was wounded in the chin. Smith served one term as judge of Fauquier County, and was later a member of the
Virginia House of Delegates The Virginia House of Delegates is one of the two houses of the Virginia General Assembly, the other being the Senate of Virginia. It has 100 members elected for terms of two years; unlike most states, these elections take place during odd-numbe ...
. In 1884, President
Grover Cleveland Stephen Grover Cleveland (March 18, 1837June 24, 1908) was the 22nd and 24th president of the United States, serving from 1885 to 1889 and from 1893 to 1897. He was the first U.S. president to serve nonconsecutive terms and the first Hist ...
appointed Smith
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 ...
for New Mexico, an office he filled four years, when he returned to Virginia to resume private practice. In 1893, Smith was appointed by President Cleveland as chief justice of the
New Mexico Territorial Supreme Court The New Mexico Supreme Court () is the highest court in the U.S. state of New Mexico. It is established and its powers defined by Article VI of the New Mexico Constitution. It is primarily an appellate court which reviews civil and criminal de ...
, presiding over the fourth district for five years; he was succeeded in both posts by Chief Justice William J. Mills. Smith "gained a reputation for courage and fairness in the performance of his duties on the bench", and was described as "a fine classical scholar and a man of varied accomplishments". While serving as chief justice, Smith once ordered a sheriff to arrest a certain lawyer, and when the sheriff failed to follow instructions Smith "left the bench and arrested the attorney himself". Following his service on the bench, Smith moved to
Warrenton, Virginia Warrenton is a town in Fauquier County, Virginia, United States. It is the county seat. The population was 10,057 as of the 2020 United States census, 2020 census, an increase from 9,611 at the 2010 United States Census, 2010 census and 6,670 at ...
. Smith died in
Richmond, Virginia Richmond ( ) is the List of capitals in the United States, capital city of the Commonwealth (U.S. state), U.S. commonwealth of Virginia. Incorporated in 1742, Richmond has been an independent city (United States), independent city since 1871. ...
, at the age of 84. He was buried in Hollywood Cemetery.


References

{{DEFAULTSORT:Smith, Thomas J. 1838 births 1918 deaths People from Culpeper County, Virginia College of William & Mary alumni University of Virginia alumni Confederate States Army officers Virginia state court judges Members of the Virginia House of Delegates United States attorneys for the District of New Mexico Justices of the New Mexico Supreme Court United States Article I federal judges appointed by Grover Cleveland Burials at Hollywood Cemetery (Richmond, Virginia)