Smith Thompson

Smith Thompson
Smith Thompson
Born	17 1, 1768
Birthplace	Amenia, New York, British America
Died	Template:Death date and age Poughkeepsie, New York, U.S.
Nationality	American
Occupation	Jurist, politician, public official
Known for	Associate Justice of the Supreme Court of the United States; 6th United States Secretary of the Navy
Education	Princeton University (BA)
Spouse(s)	Sarah Livingston Elizabeth Davenport Livingston

Smith Thompson (January 17, 1768 – December 18, 1843) was an American jurist and statesman who served as the sixth United States Secretary of the Navy from 1819 to 1823 and as an Associate Justice of the Supreme Court of the United States from 1823 until his death in 1843. Born in the rural hamlet of Amenia, New York, during the waning years of British colonial rule, Thompson rose through the legal and political ranks of the early American republic to become one of the longest-serving justices on the nation's highest court, occupying his seat for over two decades. Before his appointment to the Supreme Court by President James Monroe, Thompson had already compiled a distinguished judicial record in New York, serving as an Associate Justice and later Chief Justice of the New York Supreme Court. His tenure on the Supreme Court was marked by notable opinions on questions of federal and state power, including a significant dissent in Cherokee Nation v. Georgia (1831), in which he argued that the Cherokee Nation constituted a foreign nation with standing to bring suit before the Court. Thompson's career spanned a transformative era in American constitutional law, and his jurisprudence contributed to ongoing debates about sovereignty, federalism, and the rights of Native Americans.

Early Life

Smith Thompson was born on January 17, 1768, in Amenia, a small community in Dutchess County, New York, which at the time of his birth was part of the Province of New York under British colonial administration. He was raised in a family with deep roots in the region. His father was Ezra Thompson, a farmer and a figure of some local standing who had served in public roles within the community. The elder Thompson placed a strong emphasis on education and moral instruction, values that would shape his son's later career in the law and public service.

Growing up in the Hudson Valley during the era of the American Revolution, Thompson came of age during a period of profound political upheaval. The revolutionary conflict and the subsequent founding of the new American republic provided the intellectual backdrop for his formative years. Dutchess County itself was a contested area during the war, and the experience of living through that turbulent period left a lasting impression on Thompson and his generation.

Little detailed documentation survives regarding the specifics of Thompson's childhood beyond these broad contours. What is known is that he demonstrated academic aptitude from an early age and was directed toward higher education—an opportunity not widely available to young men in rural New York during the late eighteenth century. His path from the farmlands of Dutchess County to the halls of Princeton University reflected both his family's aspirations and his own intellectual promise.

Education

Thompson attended the College of New Jersey (now Princeton University), where he earned his Bachelor of Arts degree. Princeton was at the time one of the premier educational institutions in the young nation, and its curriculum emphasized classical studies, rhetoric, moral philosophy, and the foundations of law and governance. The college had produced many of the leading figures of the revolutionary and early national periods, and Thompson's education there placed him firmly within the intellectual mainstream of the American elite.

After completing his undergraduate studies at Princeton, Thompson pursued legal training by reading law under Gilbert Livingston, a prominent New York attorney and political figure who had served as a delegate to the New York Ratifying Convention of 1788. Through his apprenticeship with Livingston, Thompson gained practical legal experience and also forged connections with the influential Livingston family of New York—connections that would prove significant both personally and professionally throughout his career. He was admitted to the bar and began practicing law in New York, quickly establishing himself as a capable attorney.

Career

New York Legal and Political Career

Thompson entered political life in 1800 when he was elected to the New York State Assembly, serving a single term as a member of that body. His brief legislative tenure provided him with firsthand experience in the workings of state government, though his ambitions and talents were oriented more toward the judiciary than toward legislative politics.

In 1802, Thompson was appointed as an Associate Justice of the New York Supreme Court, beginning a long and consequential judicial career at the state level. He served as an Associate Justice for twelve years, during which he developed a reputation as a careful and capable jurist. His decisions contributed to the development of New York's common law tradition during a period when the state's legal system was rapidly evolving to meet the needs of a growing and increasingly complex society.

In 1814, Thompson was elevated to the position of Chief Justice of the New York Supreme Court, the highest judicial office in the state. He held this position until 1818, presiding over the court during a period of significant legal and economic development in New York. His tenure as Chief Justice further enhanced his reputation and positioned him as one of the leading jurists in the country. During this time, Thompson became closely associated with the Democratic-Republican Party, the dominant political organization of the era, and developed ties to national political figures, including James Monroe, who would later appoint him to two significant federal positions.

United States Secretary of the Navy

On January 1, 1819, Thompson assumed office as the sixth United States Secretary of the Navy, appointed by President James Monroe. He succeeded Benjamin Crowninshield in the position. Thompson's appointment reflected Monroe's desire to bring experienced and capable administrators into his cabinet during the so-called "Era of Good Feelings," a period of relative political unity and national expansion following the War of 1812.

As Secretary of the Navy, Thompson oversaw the operations of the United States Navy during a period of postwar consolidation and modest growth. The Navy during this era was tasked with protecting American commercial interests abroad, suppressing piracy in the Caribbean and the Gulf of Mexico, and enforcing the prohibition on the international slave trade. Thompson's tenure also coincided with increased naval activity along the coasts of Africa and South America as the United States sought to assert its influence in accordance with the principles that would soon be articulated in the Monroe Doctrine.

Thompson served as Secretary of the Navy for over four years, from January 1, 1819, to August 31, 1823. During this period, he also harbored political ambitions beyond the cabinet. He was at one point considered as a potential candidate for the governorship of New York, reflecting his continued prominence in state politics even while serving in a federal capacity. His departure from the Navy Department came when President Monroe nominated him to the Supreme Court of the United States. He was succeeded as Secretary of the Navy by Samuel L. Southard.

Associate Justice of the Supreme Court

President James Monroe nominated Smith Thompson to the Supreme Court of the United States to fill the vacancy created by the death of Associate Justice Henry Brockholst Livingston—who was, notably, a member of the same Livingston family into which Thompson had married. Thompson was confirmed and took his seat on the Court on September 1, 1823.

Thompson served on the Supreme Court for more than twenty years, from 1823 until his death on December 18, 1843. His tenure spanned a critical period in the development of American constitutional law, overlapping with the chief justiceships of both John Marshall and Roger B. Taney. During this era, the Court grappled with foundational questions regarding the scope of federal power, the limits of state sovereignty, the rights of corporations, and the legal status of Native Americans.

Cherokee Nation v. Georgia (1831)

Thompson's most notable contribution to Supreme Court jurisprudence came in his dissenting opinion in Cherokee Nation v. Georgia (1831). The case arose when the Cherokee Nation sought an injunction against the state of Georgia, which had passed laws extending state jurisdiction over Cherokee lands and effectively nullifying Cherokee sovereignty within its borders. The Cherokee argued that they constituted a foreign nation and therefore had standing to bring an original action before the Supreme Court under Article III of the Constitution.

Chief Justice John Marshall, writing for the majority, held that the Cherokee Nation was not a "foreign nation" within the meaning of the Constitution but rather a "domestic dependent nation," and therefore the Court lacked original jurisdiction to hear the case. Thompson dissented from this holding, arguing in a lengthy and carefully reasoned opinion that the Cherokee did indeed constitute a foreign nation for purposes of the Court's jurisdiction. He pointed to the history of treaties between the United States and the Cherokee, the Cherokee's maintenance of their own government and laws, and the recognition of Cherokee sovereignty in prior federal legislation and diplomatic practice.

Thompson's dissent was joined by Justice Joseph Story and has been recognized by legal scholars as a significant articulation of the view that Native American nations possessed a degree of sovereignty that the federal courts were obligated to respect. While it did not carry the day in the immediate case, the reasoning in Thompson's dissent influenced subsequent jurisprudence, including the Court's decision the following year in Worcester v. Georgia (1832), in which Marshall adopted a more expansive view of Cherokee sovereignty.

Other Jurisprudence

Beyond the Cherokee case, Thompson participated in numerous significant decisions during his two decades on the bench. He was involved in cases addressing the Commerce Clause, the Contract Clause, and the powers of the federal government relative to the states. Thompson generally adhered to a jurisprudential philosophy that sought to balance federal authority with respect for state sovereignty, a position consistent with the Democratic-Republican tradition from which he emerged.

Thompson also participated in the early stages of the Amistad case, one of the most celebrated legal proceedings in American history. The case involved a group of Mende Africans who had been illegally enslaved and who seized control of the Spanish schooner La Amistad in 1839. The case raised complex questions of international law, property rights, and human freedom. Thompson played a role in the circuit court proceedings related to the case before it reached the Supreme Court.

Throughout his time on the Court, Thompson was regarded as a competent and industrious justice, though he did not achieve the level of public prominence enjoyed by some of his contemporaries such as Marshall or Story. His opinions tended to be methodical and grounded in precedent rather than marked by rhetorical flourish, reflecting the practical legal training he had received in New York.

1828 Gubernatorial Campaign

In a notable departure from judicial convention, Thompson ran as a candidate for governor of New York in 1828 while still serving as an Associate Justice of the Supreme Court. He sought the nomination of the anti-Jackson faction within New York politics, positioning himself against the Jacksonian Democrats who were gaining strength in the state. Thompson's gubernatorial bid was ultimately unsuccessful, and his decision to seek political office while serving on the Court attracted criticism from some quarters who viewed such activity as incompatible with judicial independence. He returned his full attention to the Court following his defeat and continued to serve as an Associate Justice for the remaining fifteen years of his life.

Personal Life

Smith Thompson's personal life was closely intertwined with the prominent Livingston family of New York, one of the most influential families in the state's history. His first wife was Sarah Livingston, through whom he gained connections to a powerful network of political and social elites in the Hudson Valley and beyond. The marriage strengthened his professional standing and provided him with entry into circles that would prove instrumental to his career advancement.

Following Sarah's death, Thompson married Elizabeth Davenport Livingston, also a member of the extended Livingston family. These marital connections placed Thompson at the center of one of the most important kinship networks in early American politics. His predecessor on the Supreme Court, Justice Henry Brockholst Livingston, was himself a member of this same family, a coincidence that underscored the interconnected nature of the American legal and political elite during this period.

Thompson resided in Poughkeepsie, New York, for much of his life, maintaining his roots in the Hudson Valley even as his career took him to Washington, D.C., and to courts throughout the country. He died on December 18, 1843, in Poughkeepsie at the age of 75, having served on the Supreme Court until the very end of his life. He was succeeded on the Court by Samuel Nelson, another New York jurist.

Recognition

Thompson's contributions to American law and governance have been recognized in various ways. The United States Navy honored his service as Secretary of the Navy by naming a warship after him. The USS Smith Thompson (DD-212) was a Clemson-class destroyer that served in the Navy during the interwar period and World War II.

The Federal Judicial Center, which serves as the research and education agency of the federal judiciary, maintains a biographical profile of Thompson as part of its comprehensive database of all federal judges in American history. His judicial opinions, particularly his dissent in Cherokee Nation v. Georgia, continue to be studied in law schools and cited by legal scholars engaged in the study of federal Indian law, constitutional law, and the history of the Supreme Court.

Thompson's portrait, painted during his tenure as Secretary of the Navy, is preserved in the collections of the Naval History and Heritage Command, which maintains photographic and artistic records related to the leaders of the United States Navy.

Biographical treatments of Thompson appear in several reference works on the Supreme Court, including The Oxford Companion to the Supreme Court of the United States and The Supreme Court Justices: Illustrated Biographies. Henry Flanders included a discussion of Thompson in his nineteenth-century work The Lives and Times of the Chief Justices of the United States Supreme Court.

Legacy

Smith Thompson's legacy rests primarily on his two decades of service on the Supreme Court and his role in shaping early American jurisprudence on questions of sovereignty, federalism, and Native American rights. While he is not counted among the most famous justices in the Court's history, his contributions to the development of constitutional law during the formative antebellum period were substantial.

His dissent in Cherokee Nation v. Georgia represents his most enduring judicial contribution. By arguing that the Cherokee Nation possessed the attributes of a foreign sovereign and therefore had standing to invoke the Court's original jurisdiction, Thompson articulated a legal framework for Native American sovereignty that was ahead of its time. The reasoning in his dissent influenced the majority opinion in Worcester v. Georgia the following year and has continued to resonate in subsequent federal Indian law jurisprudence. Legal scholars have noted that Thompson's willingness to recognize Cherokee sovereignty stood in contrast to the prevailing political currents of the era, which favored Indian removal and the assertion of state authority over Native lands.

Thompson's career also illustrates the fluid boundaries between judicial, executive, and political roles in the early American republic. His service as both a state chief justice and a federal cabinet officer before joining the Supreme Court, as well as his unusual decision to run for governor while sitting on the bench, reflect the less rigid separation of powers that characterized the period. His career trajectory—from a rural New York upbringing to the highest levels of the federal judiciary—exemplifies the opportunities available to educated men of ambition in the young republic, particularly those with connections to established families such as the Livingstons.

Thompson served on the Supreme Court from 1823 until his death in 1843, a span of over twenty years that made him one of the longer-serving justices of the antebellum era. During that time, he participated in decisions that helped define the constitutional architecture of the United States during a period of rapid territorial, economic, and political change.