Smith Thompson

(b. Amenia, N.Y., 17 Jan. 1768; d. Poughkeepsie, N.Y., 19 Dec. 1843; interred Poughkeepsie Rural Cemetery), associate justice, 1823–1843. Thompson was a resident of Dutchess County for most of his life. A 1788 graduate of the College of New Jersey (Princeton), he served his legal apprenticeship with Gilbert Livingston and James Kent. His political views coincided with those of the Antifederalist Livingston, but he received most of his legal education from the conservative Kent. In 1795, Thompson replaced Kent as Livingston's partner and married the latter's daughter, Elisha. Livingston was a relatively poor relation of the “manor” Livingstons but enjoyed sufficient political clout to enable Thompson's appointment to the state supreme court (after a term in the assembly) in 1802. He remained there until 1818, serving as chief justice from 1814 to 1818. Thompson was the candidate of Martin Van Buren's Bucktail faction when President James Monroe sought a New Yorker for secretary of the navy in 1818. Monroe apparently was comfortable with Thompson's political views, and when Justice Brockholst Livingston died in March 1823, Monroe literally refused to appoint anyone else.

Thompson's twenty years on the Court mark him as a transitional figure between the Marshall and Taney eras. More inclined to express his differences with his brethren than Livingston, Thompson was one of a 4‐to‐3 majority that forced Chief Justice John Marshall into his sole constitutional dissent in Ogden v. Saunders (1827). The case involved a New York insolvency law, which Marshall felt violated the Constitution's Contract Clause, but which Thompson believed was not only part of any contract negotiated but was essential for any commercial society.

Thompson's major role was in interpreting the Commerce Clause (see Commerce Power). Consistent with his position taken on the New York court, and subsequently taken on the Supreme Court, there is no doubt that Thompson would have dissented in Gibbons v. Ogden (1824), had he sat on the case. Thompson believed that states could regulate commerce unless such acts directly conflicted with congressional laws. For example, in his concurring opinion in New York v. Miln (1837), Thompson agreed with the result but refused to distinguish a New York tax on immigrants as a valid exercise of police powers. Thompson's concurrent position contrasted with the exclusive theory of Marshall and Joseph Story, and later James Moore Wayne and John McLean.

Thompson's position on Native Americans also reflected his New York background, as his dissent in Cherokee Nation v. Georgia (1831), relied upon his former mentor and colleague, James Kent (see Cherokee Cases). Arguably Thompson's finest opinion, his Cherokee dissent set forth the concept that Indian tribes are separate sovereigns despite their conquered position.

Bibliography

• Donald M. Roper, Mr. Justice Thompson and the Constitution (1987)

— Donald M. Roper

• Born: Jan. 17, 1768, Amenia, N.Y.
• Education: College of New Jersey (Princeton), B.A., 1788; read law with James Kent in Poughkeepsie, N.Y.
• Previous government service: New York Assembly, 1800; New York Constitutional Convention, 1801; associate justice, New York Supreme Court, 1802–14; New York State Board of Regents, 1813; chief justice, New York Supreme Court, 1814–18; U.S. secretary of the navy, 1819–23
• Appointed by President James Monroe as a recess appointment Sept. 1, 1823; replaced Henry Brockholst Livingston, who died; nominated by Monroe Dec. 8, 1823
• Supreme Court term: confirmed by the Senate Dec. 19, 1823, by a voice vote; served until Dec. 18, 1843
• Died: Dec. 18, 1843, Poughkeepsie, N.Y.

Smith Thompson served on the Supreme Court for 20 years. During this lengthy period of service, however, he had only a slight impact on constitutional law. He developed a position on regulation of commerce at odds with the prevailing view of the Court, which gave broad powers of commercial regulation to the federal government. By contrast, Justice Thompson held that states could regulate commerce in all cases except those that conflicted with a federal law. This position was known as the doctrine of concurrent commerce powers; that is, the federal government and the state government could act jointly in most cases to regulate commerce. Thompson's position influenced the judicial thought of Roger B. Taney, John Marshall's successor as chief justice.

Justice Thompson's most significant opinion was his dissent in Cherokee Nation v. Georgia (1831). The state of Georgia asserted control over Cherokee lands within the state that had been granted to the Native Americans by a treaty with the federal government. Thompson argued that the Cherokee were an independent and sovereign nation, despite their status as a conquered people, and must be treated like other sovereign nations in legal dealings with the U.S. government. This dissenting opinion became the majority position, expressed by John Marshall, in Worcester v. Georgia (1832).

Smith Thompson served as associate justice of the U.S. Supreme Court from 1824 until his death in 1843. A prominent member of the New York bar and chief justice of the New York Supreme Court, Thompson also served as secretary of the navy during President James Monroe's administration.

Thompson was born on January 17, 1768, in New York City, New York. After graduating from Princeton University in 1788, he studied law with Gilbert Livingston, a member of a politically powerful family, and James Kent, a towering figure in U.S. jurisprudence. Thompson was admitted to the New York bar in 1792. When Kent left the law firm in 1795, Thompson became Livingston's partner and eventually married Livingston's daughter Sarah.

Thompson was elected to the New York legislature in 1800 and then used Livingston's political connections to obtain an appointment to the state supreme court in 1802. He was promoted to chief justice in 1814, in which position he presided until 1818.

President Monroe appointed Thompson secretary of the navy in 1819. As head of the department, Thompson earned Monroe's trust and respect. Although he had presidential ambitions, Thompson agreed to accept Monroe's offer of a seat on the U.S. Supreme Court, joining the Court in 1824. In 1828, however, he returned to politics, running unsuccessfully for the governorship of New York even though he did not resign from the bench.

As a justice, Thompson believed that the states should be allowed to regulate commerce unless their laws directly conflicted with federal law. This position put him in conflict with Chief Justice John Marshall and Justice Joseph Story, who interpreted the Constitution's Commerce Clause as giving the federal government the exclusive right to regulate interstate commerce. Thompson wrote the concurring opinion in the landmark case of Ogden v. Saunders, 25 U.S. (12 Wheat.) 213, 6 L. Ed. 606 (1827), which held that any law passed after the execution of a contract, in this case a New York insolvency statute, was part of the contract. In another important case, Kendall v. United States ex rel. Stokes, 37 U.S. (12 Pet.) 524, 9 L. Ed. 1181 (1838), Thompson supported the right of federal courts to issue a writ of mandamus to compel a cabinet officer to perform nondiscretionary, ministerial obligations.

Thompson died on December 18, 1843, in Poughkeepsie, New York.

Smith Thompson
6th United States Secretary of the Navy
In office January 1, 1819 – August 31, 1823
Preceded by	Benjamin Crowninshield
Succeeded by	Samuel L. Southard
Associate Justice of the Supreme Court of the United States
In office September 1, 1823 – December 18, 1843
Preceded by	Henry Brockholst Livingston
Succeeded by	Samuel Nelson
Born	January 17 1768(1768--) New York City, U.S.
Died	December 18 1843 (aged 75) U.S.
Political party	Democratic-Republican, National Republican
Profession	Lawyer, Politician, Judge

Smith Thompson (January 17, 1768 New York City - December 18, 1843) was a United States Secretary of the Navy and a United States Supreme Court Associate Justice from 1823 until his death in 1843.

He attended Princeton, taught for a short period thereafter, and subsequently earned a law degree and set up a law practice.

He soon joined the Democratic-Republican Party and served in the New York State Assembly briefly prior to being appointed to the New York State Supreme Court, on which he served for sixteen years (including four as its Chief Justice).

He was appointed Secretary of the Navy by President James Monroe, and campaigned for the Democratic-Republican presidential nomination in 1824. When Andrew Jackson won the nomination, Thompson only reluctantly accepted his appointment to the United States Supreme Court. He did not give up his political ambitions there, and took the - now considered unusual, but then quite common - step of running for political office from the bench; however, his 1828 bid for Governor of New York was unsuccessful, unlike the example of Chief Justice John Jay who had been elected governor in 1795. Thereafter he mostly exited political life, and on the court was a staunch opponent of Chief Justice John Marshall.

USS Smith Thompson (DD-212) was named for him.

External links

• Smith Thompson at Find A Grave
• Smith Thompson at the Naval Historical Center

Preceded by Benjamin W. Crowninshield	United States Secretary of the Navy January 1, 1819 – August 31, 1823	Succeeded by Samuel L. Southard
Preceded by Henry Brockholst Livingston	Associate Justice of the Supreme Court of the United States September 1, 1823 – December 18, 1843	Succeeded by Samuel Nelson

United States Secretaries of the Navy

Cabinet Level: Stoddert • Smith • Hamilton • Jones • Crowninshield • S Thompson • Southard • Branch • Woodbury • Dickerson • Paulding • Badger • Upshur • Henshaw • Gilmer • Mason • Bancroft • Mason • Preston • Graham • Kennedy • Dobbin • Toucey • Welles • Borie • Robeson • R Thompson • Goff • Hunt • Chandler • Whitney • Tracy • Herbert • Long • Moody • Morton • Bonaparte • Metcalf • Newberry • Meyer • Daniels • Denby • Wilbur • Adams • Swanson • Knox • Forrestal Dept. of Defense: Sullivan • Matthews • Kimball • Anderson • Thomas • Gates • Franke • Connally • Korth • Nitze • Ignatius • Chafee • Warner • Middendorf • Claytor • Hidalgo • Lehman • Webb • Ball • Garrett • O'Keefe • Dalton • Danzig • England • Winter

The Marshall Court
1823–1826:	B. Washington | Wm. Johnson | Th. Todd | G. Duvall | J. Story | S. Thompson
1826–1828:	B. Washington | Wm. Johnson | G. Duvall | J. Story | S. Thompson | R. Trimble
1828–1829:	B. Washington | Wm. Johnson | G. Duvall | J. Story | S. Thompson
1830–1834:	Wm. Johnson | G. Duvall | J. Story | S. Thompson | J. McLean | H. Baldwin
1835:	G. Duvall | J. Story | S. Thompson | J. McLean | H. Baldwin | J.M. Wayne
The Taney Court
1836–1837:	J. Story | S. Thompson | J. McLean | H. Baldwin | J.M. Wayne | P.P. Barbour
1837–1838:	J. Story | S. Thompson | J. McLean | H. Baldwin | J.M. Wayne | P.P. Barbour | J. Catron
1838–1841:	J. Story | S. Thompson | J. McLean | H. Baldwin | J.M. Wayne | P.P. Barbour | J. Catron | J. McKinley
1842–1843:	J. Story | S. Thompson | J. McLean | H. Baldwin | J.M. Wayne | J. Catron | J. McKinley | P.V. Daniel

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