Smith Thompson

Smith Thompson (January 17, 1768 – December 18, 1843) was a prominent figure in the early United States, serving first as a state judge and then as Secretary of the Navy before being appointed to the Supreme Court of the United States. His career spanned several branches of government and reflected the fluidity of public service in the young republic.

Early life and legal career

Thompson entered the world in Amenia, New York, into a family that had relocated from New Haven, Connecticut, to Dutchess County during the Revolutionary era. His father, Ezra Thompson (1738–1816), and grandfather, Samuel Thompson (1696–1768), were part of this migration, and the family maintained a tradition of public involvement; Ezra’s first cousins Israel and Jesse Thompson each served multiple terms in the New York State Assembly. This familial background likely influenced Thompson’s later engagement with state politics.

After completing his studies at Princeton University—then called the College of New Jersey—in 1788, Thompson spent a brief period teaching before turning to the practice of law. He studied under the noted jurist James Kent and soon established a private practice. His early legal work began in Troy, New York (1792–1793), after which he moved his office to Poughkeepsie (1793–1802). During this period, Thompson became increasingly involved in public affairs, being elected to the New York State Assembly in 1800 and serving as a delegate at the state constitutional convention of 1801.

In 1802, Thompson was appointed an associate justice of the New York State Supreme Court. He served in that capacity for twelve years, until 1814, when he was elevated to chief justice—a position he held until 1818. His tenure on the state bench provided him with extensive experience in adjudication and a reputation that would later support his federal appointments.

Supreme Court tenure

Thompson’s national prominence grew when President James Monroe (a Jeffersonian Republican) appointed him as the sixth Secretary of the Navy in 1819, a post he held until 1823. During this time, Thompson was noted for initiatives that promoted moral instruction among naval personnel; he arranged for copies of the American Bible Society to be distributed to officers and enlisted men.

In September 1823, President Monroe gave Thompson a recess appointment to fill a vacancy on the United States Supreme Court left by Henry Brockholst Livingston. The formal nomination followed on December 5, 1823, and the Senate confirmed him on December 9, 1823; he received his commission that same day. From 1823 until his death in 1843, Thompson served as an associate justice of the Supreme Court.

While on the bench, Thompson was known for his opposition to Chief Justice John Marshall’s jurisprudence. He also pursued political ambitions during this period: in 1828 he ran for Governor of New York but did not win. After that campaign, he largely withdrew from active politics and concentrated on his judicial responsibilities. His legal work extended beyond the Supreme Court; in 1839 he presided over the Circuit Court trial in Connecticut concerning the Amistad case, a landmark dispute involving enslaved Africans who had seized their captors. Two years later, as a justice of the Supreme Court, he participated in the decision on the same matter.

Thompson remained active on the bench until his death in Poughkeepsie, New York, on December 18, 1843.

Jurisprudence and legacy

One of Thompson’s most enduring contributions to American jurisprudence is his dissenting opinion in *Cherokee Nation v. Georgia* (1831). In that case, Chief Justice Marshall concluded that the Cherokee Nation was not a “foreign nation” and therefore outside the Court’s jurisdiction to grant an injunction against the State of Georgia. Thompson disagreed sharply, arguing that treaties between the United States and the Cherokee were supreme law and that Georgia’s actions violated both those treaties and federal statutes protecting Indian lands. He emphasized that the Constitution and treaty obligations should render any conflicting state laws void, a position that has been cited in discussions of Native American rights and federal authority over states.

Beyond his judicial opinions, Thompson contributed to civic life in other ways. In May 1816 he became a founding vice president of the American Bible Society, reflecting an interest in religious and moral causes. His tenure as Secretary of the Navy also saw him distribute copies of the society’s publications to naval personnel, thereby promoting literacy and moral instruction among sailors.

In recognition of his service, Lt. Commander Matthew C. Perry renamed Cayo Hueso (Key West) to Thompson’s Island in May 1822 during a naval expedition. This act underscored the esteem in which Thompson was held by contemporaries in the Navy.

Smith Thompson’s career illustrates the interconnected nature of early American public service, spanning state and federal courts, executive administration, and civic philanthropy. His legal work, particularly his dissent in *Cherokee Nation v. Georgia*, continues to be referenced in discussions of treaty rights and federal authority over states.