William Smith (18 June 1728 – 6 December 1793) was a

lawyer A lawyer is a person who is qualified to offer advice about the law, draft legal documents, or represent individuals in legal matters. The exact nature of a lawyer's work varies depending on the legal jurisdiction and the legal system, as w ...

historian A historian is a person who studies and writes about the past and is regarded as an authority on it. Historians are concerned with the continuous, methodical narrative and research of past events as relating to the human species; as well as the ...

, speaker,

loyalist Loyalism, in the United Kingdom, its overseas territories and its former colonies, refers to the allegiance to the British crown or the United Kingdom. In North America, the most common usage of the term refers to loyalty to the British Cr ...

, and eventually the loyalist Chief Justice of the

Province of New York The Province of New York was a British proprietary colony and later a royal colony on the northeast coast of North America from 1664 to 1783. It extended from Long Island on the Atlantic, up the Hudson River and Mohawk River valleys to ...

from 1780 to 1782 and Chief Justice of the

Province of Quebec Quebec is Canada's largest province by area. Located in Central Canada, the province shares borders with the provinces of Ontario to the west, Newfoundland and Labrador to the northeast, New Brunswick to the southeast and a coastal border ...

from 1786, later

Lower Canada The Province of Lower Canada () was a British colonization of the Americas, British colony on the lower Saint Lawrence River and the shores of the Gulf of Saint Lawrence established in 1791 and abolished in 1841. It covered the southern portion o ...

, from 1791 until his death.

Early life

Born in

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 ...

on June 18, 1728, he was the son of Judge William Smith. His brother, Joshua Hett Smith was notable as the supposed "dupe" of

Benedict Arnold Benedict Arnold (#Brandt, Brandt (1994), p. 4June 14, 1801) was an American-born British military officer who served during the American Revolutionary War. He fought with distinction for the American Continental Army and rose to the rank of ...

and Major

John André Major John André (May 2, 1750 – October 2, 1780) was a British Army officer who served as the head of Britain's intelligence operations during the American War for Independence. In September 1780, he negotiated with Continental Army offic ...

when they collaborated during the

American Revolution The American Revolution (1765–1783) was a colonial rebellion and war of independence in which the Thirteen Colonies broke from British America, British rule to form the United States of America. The revolution culminated in the American ...

. Smith graduated from

Yale University Yale University is a Private university, private Ivy League research university in New Haven, Connecticut, United States. Founded in 1701, Yale is the List of Colonial Colleges, third-oldest institution of higher education in the United Stat ...

in 1745, studied law with

William Livingston William Livingston (November 30, 1723July 25, 1790) was an American politician and lawyer who served as the first governor of New Jersey (1776–1790) during the American Revolutionary War. As a New Jersey representative in the Continental Congr ...

, and was admitted to the bar in 1750.

Family

His brother, Doctor Thomas Smith, was the owner of the " treason house" in West Haverstraw,

Rockland County, New York Rockland County is the southernmost county on the west side of the Hudson River in the U.S. state of New York. It is part of the New York metropolitan area. As of the 2020 U.S. census, the county's population is 338,329, making it the state' ...

that was being occupied by his other brother, Joshua Hett Smith, at the time that Benedict Arnold and Major John André planned their conspiracies.

Career

During the

, he was referred to as "the weathercock" because his contemporaries were not able to understand which side he was on. Basically, though, he was neither friend to Revolutionary nor Loyalist and was one of the main reasons that the loyalists themselves declared that they did never trust the family of Smith. In 1752, along with

and

John Morin Scott John Morin Scott (1730 – September 14, 1784) was a lawyer, military officer, and statesman before, during and after the American Revolution. Early life Scott was born in Manhattan, Province of New York in 1730. He was the only child of John ...

he founded a weekly journal, the Independent Reflector. He and his brother Joshua Hett Smith escaped prosecution and probable execution by the Commission for Detecting and Defeating Conspiracies in the State of New York in 1778 for the crime of

treason Treason is the crime of attacking a state (polity), state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to Coup d'état, overthrow its government, spy ...

due to the memory of their father's influence upon the Justice system: the elder William Smith had, despite the efforts of friends and relatives, refused appointment to the Office of Chief Justice of the Province of New York in 1760, which his son William then accepted. In 1776, he moved to Albany to avoid the contentious politics but in 1778 declared his allegiance for the loyalist cause and joined the British in New York City. Smith was escorted across the lines by

Aaron Burr Aaron Burr Jr. (February 6, 1756 – September 14, 1836) was an American politician, businessman, lawyer, and Founding Fathers of the United States, Founding Father who served as the third vice president of the United States from 1801 to 1805 d ...

and became an important adviser and confidant of the military and civilian officials including both Governor

William Tryon Lieutenant-General William Tryon (8 June 172927 January 1788) was a British Army officer and colonial administrator who served as governor of North Carolina from 1764 to 1771 and the governor of New York from 1771 to 1777. He also served durin ...

and General Sir Henry Clinton. In 1780, he was appointed Chief Judge of

New York New York most commonly refers to: * New York (state), a state in the northeastern United States * New York City, the most populous city in the United States, located in the state of New York New York may also refer to: Places United Kingdom * ...

but by this time the office only related to the small part of the Province that was still in British hands. The real judicial power was held by Daniel Horsmanden. He published the first history of New York, ''The History of the Province of New-York, from the First Discovery to the Year M.DCC.XXXIII. To which is annexed, A Description of the Country, with a short Account of the Inhabitants, their Trade, Religious and Political State, and the Constitution of the Courts of Justice in the Colony.'' in 1757 (London: Thomas Wilcox). Smith returned to England in 1783 and then came to

Quebec City Quebec City is the capital city of the Provinces and territories of Canada, Canadian province of Quebec. As of July 2021, the city had a population of 549,459, and the Census Metropolitan Area (including surrounding communities) had a populati ...

in 1786, when he was named Chief Justice for the province and also named to the legislative council. In 1791, he became chief justice for

and was appointed to the

Legislative Council of Lower Canada The Legislative Council of Lower Canada was the upper house of the Parliament of Lower Canada from 1792 until 1838. The Legislative Council consisted of appointed councillors who voted on bills passed up by the Legislative Assembly of Lower Canad ...

, serving as its first speaker.

Personal life

He married Janet Livingston, of the

Livingston family The Livingston family of New York (state), New York is a prominent family that migrated from Scotland to the Dutch Republic, and then to the Province of New York in the 17th century. Descended from the 4th Lord Livingston, its members included s ...

of New York. In 1770, he built a manor house in

West Haverstraw, New York West Haverstraw is a Administrative divisions of New York#Village, village incorporated in 1883 in the town of Haverstraw, New York, Haverstraw, Rockland County, New York, Rockland County, New York (state), New York, United States. It is located n ...

. From July 15 to July 18, 1778, while his sister Martha and her husband Col. Ann Hawkes Hay were living in the house, it served as headquarters for General

George Washington George Washington (, 1799) was a Founding Fathers of the United States, Founding Father and the first president of the United States, serving from 1789 to 1797. As commander of the Continental Army, Washington led Patriot (American Revoluti ...

. The house burned down and the Fraser-Hoyer House later built on the site. He died in Quebec City in 1793. He was buried at Mount Hermon Cemetery in Sillery. Smith's diary and selected papers were compiled and edited in two volumes by L.F.S. Upton in 1963 as part of the Champlain Society's General Series.

References

* * {{DEFAULTSORT:Smith, William 1728 births 1793 deaths Members of the Legislative Council of Lower Canada Chief justices of Lower Canada Rockland County, New York Livingston family People from colonial New York Yale University alumni New York (state) lawyers Province of Quebec (1763–1791) judges Burials at Mount Hermon Cemetery 18th-century American judges

Early life

Family

Career

Personal life

See also

References