The Supreme Court of Wisconsin. coming to Milwaukee, and in his youth, he was justice of the peace in Cleve land, Ohio. During a " scare " in regard to the small-pox, a person afflicted with that disease had been placed in an isolated build ing, and there left alone, no one being al lowed to visit him. A humane and highspirited physician, in violation of municipal regulations, broke into the building and min istered to the sick man. For this humane but lawless act he was brought before Jus tice Smith, who imposed a heavy fine. In the office of this doctor was a young Irish student, William H. Fox, who afterwards became an excellent and influential physi cian in Dane County, Wisconsin. When Mr. Smith became a candidate for circuit judge, Dr. Fox took the field against him, having stored away a grudge for this sever ity to the Good Samaritan, his medical teacher. By his activity in Dane County the scales were turned, and Smith was de feated by a few votes, and Dr. Fox declared "the account settled." In 1852, when the Separate Supreme Court was created, Smith was easily elected. As a judge he was fearless and decisive in his opinions. He wrote fluently and grace fully, in a luminous, attractive style. He came into great prominence in his judicial career by his bold action and able opinion in the habeas corpus case growing out of the "Glover Rescue," in 1854. Sherman M. Booth had been arrested, and was in cus tody of the United States marshal, for aid ing in the escape of a fugitive slave. Ap plication was made to Justice Smith, then in Milwaukee in vacation, for a writ of habeas corpus. It was granted, and, after hearing, Booth was discharged, Justice Smith, in a well-written and forcible opinion, taking the ground that the fugitive-slave law was void; that Congress had no power to legislate on the subject, and that the warrant under which Booth was arrested was issued without jurisdiction. The decision caused a great sensation in legal and political circles.
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It was heartily applauded by Charles Sumner. " He has placed the lovers of Consti tutional freedom under reлewed obligation." His " opinion showed the true metal." " It will live." " He has been making history." Thus wrote the great champion of the slave; and it is said he went a long distance out of his way to visit and congratulate the Judge. The antislavery press of the North was loud in congratulation. The court in bane sus tained Smith's action, which came before it on certiorari. Again, after Booth and Rycraft had been convicted before the District Court of the United States for aiding in the rescue, they were discharged by the Supreme Court of the State on habeas corpus; and, in these cases, Justice Smith again delivered exhaustive opinions on the subject, taking the views that began in the Kentucky Reso lutions of 1798, and had their run up to the time of the Rebellion. But, strong as Judge Smith's following seemed to be in 1854, his radical state-rights views cost him his seat upon the bench. When his term was about to expire, in 1859, the Democracy, contrary to usage, called a convention and nominated William Pitt Lynde, an able, conservative lawyer, who did not entertain Judge Smith's extreme opinions. Judge Smith much desired re election. But a very considerable element in the Republican party dissented from the "state-rights " stand the court had taken; and this led a caucus of the Republican members of the Legislature and many lead ing men of the party to join in the call on Byron Paine, the able young lawyer who had argued the cases before Judge Smith, and in the courts, State and Federal; and Judge Smith did not become a candidate. Upon the close of his term he resumed practice at the bar in Milwaukee. His health being impaired, he was appointed by the authorities at Washington to some offi cial position in the revenue service in South Carolina during the war, and entered upon that field of duty. His arduous labors there
