Winfield Smith: Difference between revisions

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'''Winfield Smith''' (August 16, 1827 – November 8, 1899) was Attorney General of [[Wisconsin]] and a member of the [[Wisconsin State Assembly]].
{{Short description|19th century American lawyer, 8th Attorney General of Wisconsin}}
{{Infobox judge
|honorific-prefix =
|name = Winfield Smith
|image = Winfield Smith.png
|imagesize =
|alt =
|caption =
|order = 8th
|office = Attorney General of Wisconsin
| term_start = October 7, 1862
| term_end = January 1, 1866
| governor = [[Edward Salomon]]<br />[[James T. Lewis]]
| predecessor = [[James Henry Howe]]
| successor = [[Charles R. Gill]]
|state1 = Wisconsin
|state_assembly1 = Wisconsin
|district1 = [[Milwaukee County, Wisconsin|Milwaukee]] 7th
| term_start1 = January 1, 1872
| term_end1 = January 1, 1873
| predecessor1 = [[Matthew Keenan]]
| successor1 = [[Henry L. Palmer]]
|birth_name = Winfield Smith
| birth_date = {{Birth date|1827|8|16}}
| birth_place = [[Fort Howard, Wisconsin]]
| death_date = {{Death date and age|1899|11|8|1827|8|16}}
| death_place = [[London]], [[United Kingdom of Great Britain and Ireland|UK]]
| death_cause = [[Angina|Angina pectoris]]
| restingplace =
|party = [[Republican Party (United States)|Republican]]
|spouse =
|children = {{unbulleted list
| Mrs. (Emerson)
| Grace Smith
| Harry Smith
| Winfield Smith, Jr.
| Mrs. (Adsit)
| Evelyn (Stafford)
| ''1 other daughter''
}}
|father = Henry Smith
|mother = Elvira Foster
|alma_mater =
|religion =
|website =
}}
'''Winfield Smith''' (August 16, 1827{{spaced ndash}}November 8, 1899) was an American lawyer and politician. He was the 8th [[Attorney General of Wisconsin]] and served one term in the [[Wisconsin State Assembly]].


==Early life and career==
==Biography==
Smith was born in [[Fort Howard, Wisconsin]] on August 16, 1827.<ref>{{cite book|title=THE LEGISLATIVE MANUAL OF THE STATE OF WISCONSIN|edition=11th|location=Madison, Wis.|year=1872|page=452}}</ref> He attended the [[University of Michigan]]. Smith died of [[angina pectoris]] in London on November 8, 1899.<ref>{{cite news|title=Died in London |url=https://www.newspapers.com/clip/2313224/winfield_smith_18271899/|newspaper=The Weekly Wisconsin|date=November 11, 1899|page=4|via = [[Newspapers.com]]|accessdate = April 29, 2015 }} {{Open access}}</ref>
Smith was born in [[Fort Howard, Wisconsin]], near [[Green Bay (Lake Michigan)|Green Bay]], on August 16, 1827, then a part of the [[Michigan Territory]], where his father was stationed. He was named in honor of General [[Winfield Scott]], who his father had served under.<ref name="bench">{{cite book|url= https://archive.org/details/historyofbenchba01berr/ |title= History of the Bench and Bar of Wisconsin |volume = vol. 1|year= 1898 |publisher= H. C. Cooper, Jr. |editor-last= Berryman |editor-first= John R. |location= [[Chicago]] |pages= 550-566 }}</ref>


His father was Captain Henry Smith of the [[United States Army]] [[6th Infantry Regiment (United States)|6th Infantry Regiment]]. His father was born in [[New York (state)|New York]], and came west with the army. He fought in the [[Black Hawk War]] in Illinois in the 1830s, after which he remained in the region and worked on harbor improvements on [[Lake Erie]]. He served two terms in the [[Michigan Legislature]], and, at the outbreak of the [[Mexican–American War]], returned to service as a quartermaster. He died of [[Yellow fever]] while on campaign in [[Mexico]].<ref name="bench"/>
==Career==

Smith was Attorney General from 1862 to 1866. Later, he was a member of the Assembly during the 1872 session.<ref>{{cite book|editor=Lawrence S. Barish|year=2007|title=State of Wisconsin Blue Book 2007 – 2008|page=177}}</ref> He was a [[Republican Party of Wisconsin|Republican]].
When he was six, his family relocated to [[Monroe, Michigan]], where his father was working. As a newly established state, there were few schools or formal education opportunities. Thus he was mostly educated by his parents until age 17, when he was able to attend the [[University of Michigan]], where he graduated in 1846. He returned to Monroe and ran a school for a year, before becoming a private tutor. He was intent on becoming educated in the law, and, in 1848, began study in the offices of [[Isaac P. Christiancy]], who would later serve as a justice of the [[Michigan Supreme Court]] and a [[United States Senator]].<ref name="bench"/>

In 1849, moved west to [[Milwaukee]], and was employed in the office of Emmons & Van Dyke, where he continued to study. In February 1850, he was admitted to the [[State Bar of Wisconsin]] in the presence of Judge [[Edward V. Whiton]]. He maintained a private law office for the next five years, before forming a partnership with [[Edward Salomon]], who would later become [[Governor of Wisconsin]]. He remained associated with Salomon for fifteen years, before and after their time in public office, until Salomon's departure to New York.<ref name="bench"/>

Shortly after his admission to the bar, he was appointed by [[United States federal judge|United States District Judge]] [[Andrew G. Miller]] as a court commissioner and master of chancery in Milwaukee. In 1859, he was offered the [[Republican Party (United States)|Republican Party]] nomination for [[Wisconsin State Senate]], but declined.<ref name="bench"/>

==Public office==

In 1862, when [[James Henry Howe]] resigned his office to volunteer with the [[Union Army]], Smith's former law partner, Governor Edward Salomon, appointed him to fill the vacancy as [[Attorney General of Wisconsin]]. Smith was elected to remain in office for a full term in 1863, and left office in January 1866.<ref name="bench"/>

As Attorney General, Smith settled the decade old case of the Milwaukee and Rock River Canal Company's claims against the state, which arose from an abandoned canal plan on lands granted from the United States to the Wisconsin Territory. It involved extensive research and litigation, and was culminated in a negotiated agreement at [[Washington, D.C.]]<ref name="bench"/>

The [[American Civil War]] also loomed over his term as Attorney General, as he had to defend the constitutionality of the [[Conscription|draft]], and the Governor's powers to enforce it. There had been [[Opposition to the American Civil War|draft riots]] in Milwaukee and Ozaukee counties, and Smith successfully argued to the [[Wisconsin Supreme Court]] in favor of Governor Salomon's acts to imprison these dissenters at a military camp in [[Madison, Wisconsin]].<ref name="bench"/>

He returned to private practice after 1866, and, in 1869, formed a partnership with Joshua Stark, known as Smith & Stark. In 1871, he was elected to the [[Wisconsin State Assembly]] from [[Milwaukee County, Wisconsin|Milwaukee County]]'s 7th district on the Republican ticket,<ref>{{cite report|url= http://digital.library.wisc.edu/1711.dl/WI.WIBlueBk2007| title= State of Wisconsin 2007-2008 Blue Book |editor-first=Lawrence S. |editor-last= Barish|year= 2007|location= [[Madison, Wisconsin]] |publisher = State of Wisconsin |chapter = Feature article: Those who served: Wisconsin legislators, 1848-2007 |page=177}}</ref> though he did not actively pursue the office. In the 1872 session, he was chairman of the committee on the judiciary.<ref name="bb1872">{{cite report|url= http://digital.library.wisc.edu/1711.dl/WI.WIBlueBk1872|title= The legislative manual of the state of Wisconsin |year= 1872 |editor-last= Turner|editor-first= A. J. |chapter= Official directory |page= 452}}</ref> His chief legislative accomplishment was the passage of a law which enabled the state school trust fund to loan money to the city of Milwaukee for the construction of water works, thus putting money to use that was otherwise sitting idle in state accounts, and enabling an important public improvement in the city. He was also a supporter of an increased appropriation to the [[University of Wisconsin]], and an act which enabled soldiers serving outside the state to cast votes in state elections.<ref name="bench"/>

==Later years==

After leaving the Assembly, Smith determined to remain in private practice and refused several opportunities for further public office. He declined the United States District Court judgeship in the [[United States District Court for the Eastern District of Wisconsin|Eastern District of Wisconsin]] in 1872, on the retirement of Judge Andrew G. Miller, and again in 1875, on the resignation of Judge James Henry Howe. In 1876, he was offered appointment as [[United States Attorney]] in Wisconsin, to succeed Judge [[Levi Hubbell]], but declined. He was urged to seek election to the [[Wisconsin Supreme Court]] on the death of Chief Justice [[Edward George Ryan]], in 1880, but again declined.<ref name="bench"/>

In business, Smith was a successful investor. He had a large stake in the Cream City Street Railroad and was president of the company for a number of years. In 1890, the company sold its assets and Smith returned a large profit, which he further invested into the Menominee Falls Quarry and the Milwaukee & Superior Railway Company, of which he also became president.

In his later years, he made several trips to Europe with his family. On one such trip to [[London]] with his daughter, he was struck by [[Angina|angina pectoris]] and died.<ref name="obit">{{cite news|title=Died in London |url=https://www.newspapers.com/clip/2313224/winfield_smith_18271899/|newspaper=The Weekly Wisconsin|date=November 11, 1899|page=4|via = [[Newspapers.com]]|accessdate = April 29, 2015 }} {{Open access}}</ref>

==Family==

Smith was married and had six children. He was survived by his wife; his daughter who was the wife of Dr. Nathaniel W. Emerson, of Boston; Grace Smith, also in Boston; another daughter living in London; Harry Smith, in Edgewater, Chicago; and Winfield Smith, Jr., in Seattle. His daughter Evelyn was a stage performer who married the actor William Stafford, and preceded her father in death.<ref name="obit"/>


==References==
==References==
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{{s-start}}
{{s-start}}
{{s-legal}}
{{s-legal}}
{{s-bef|before = [[James Henry Howe]]}}
{{succession box | title=[[Attorney General of Wisconsin]] | before=[[James Henry Howe]] | after=[[Charles R. Gill]]| years= 1862–1866 }}
{{s-ttl|title = {{nowrap|[[Attorney General of Wisconsin]]}}|years=1862{{spaced ndash}}1866 }}
{{s-aft|after = [[Charles R. Gill]]}}
{{s-end}}
{{s-end}}
{{Wisconsin Attorneys General}}
{{Wisconsin Attorneys General}}
{{authority control}}


{{DEFAULTSORT:Smith, Winfield}}
{{DEFAULTSORT:Smith, Winfield}}

Revision as of 23:52, 20 January 2020

Winfield Smith
8th Attorney General of Wisconsin
In office
October 7, 1862 – January 1, 1866
GovernorEdward Salomon
James T. Lewis
Preceded byJames Henry Howe
Succeeded byCharles R. Gill
Member of the Wisconsin State Assembly
from the Milwaukee 7th district
In office
January 1, 1872 – January 1, 1873
Preceded byMatthew Keenan
Succeeded byHenry L. Palmer
Personal details
Born
Winfield Smith

(1827-08-16)August 16, 1827
Fort Howard, Wisconsin
DiedNovember 8, 1899(1899-11-08) (aged 72)
London, UK
Cause of deathAngina pectoris
Political partyRepublican
Children
  • Mrs. (Emerson)
  • Grace Smith
  • Harry Smith
  • Winfield Smith, Jr.
  • Mrs. (Adsit)
  • Evelyn (Stafford)
  • 1 other daughter
Parents
  • Henry Smith (father)
  • Elvira Foster (mother)

Winfield Smith (August 16, 1827 – November 8, 1899) was an American lawyer and politician. He was the 8th Attorney General of Wisconsin and served one term in the Wisconsin State Assembly.

Early life and career

Smith was born in Fort Howard, Wisconsin, near Green Bay, on August 16, 1827, then a part of the Michigan Territory, where his father was stationed. He was named in honor of General Winfield Scott, who his father had served under.[1]

His father was Captain Henry Smith of the United States Army 6th Infantry Regiment. His father was born in New York, and came west with the army. He fought in the Black Hawk War in Illinois in the 1830s, after which he remained in the region and worked on harbor improvements on Lake Erie. He served two terms in the Michigan Legislature, and, at the outbreak of the Mexican–American War, returned to service as a quartermaster. He died of Yellow fever while on campaign in Mexico.[1]

When he was six, his family relocated to Monroe, Michigan, where his father was working. As a newly established state, there were few schools or formal education opportunities. Thus he was mostly educated by his parents until age 17, when he was able to attend the University of Michigan, where he graduated in 1846. He returned to Monroe and ran a school for a year, before becoming a private tutor. He was intent on becoming educated in the law, and, in 1848, began study in the offices of Isaac P. Christiancy, who would later serve as a justice of the Michigan Supreme Court and a United States Senator.[1]

In 1849, moved west to Milwaukee, and was employed in the office of Emmons & Van Dyke, where he continued to study. In February 1850, he was admitted to the State Bar of Wisconsin in the presence of Judge Edward V. Whiton. He maintained a private law office for the next five years, before forming a partnership with Edward Salomon, who would later become Governor of Wisconsin. He remained associated with Salomon for fifteen years, before and after their time in public office, until Salomon's departure to New York.[1]

Shortly after his admission to the bar, he was appointed by United States District Judge Andrew G. Miller as a court commissioner and master of chancery in Milwaukee. In 1859, he was offered the Republican Party nomination for Wisconsin State Senate, but declined.[1]

Public office

In 1862, when James Henry Howe resigned his office to volunteer with the Union Army, Smith's former law partner, Governor Edward Salomon, appointed him to fill the vacancy as Attorney General of Wisconsin. Smith was elected to remain in office for a full term in 1863, and left office in January 1866.[1]

As Attorney General, Smith settled the decade old case of the Milwaukee and Rock River Canal Company's claims against the state, which arose from an abandoned canal plan on lands granted from the United States to the Wisconsin Territory. It involved extensive research and litigation, and was culminated in a negotiated agreement at Washington, D.C.[1]

The American Civil War also loomed over his term as Attorney General, as he had to defend the constitutionality of the draft, and the Governor's powers to enforce it. There had been draft riots in Milwaukee and Ozaukee counties, and Smith successfully argued to the Wisconsin Supreme Court in favor of Governor Salomon's acts to imprison these dissenters at a military camp in Madison, Wisconsin.[1]

He returned to private practice after 1866, and, in 1869, formed a partnership with Joshua Stark, known as Smith & Stark. In 1871, he was elected to the Wisconsin State Assembly from Milwaukee County's 7th district on the Republican ticket,[2] though he did not actively pursue the office. In the 1872 session, he was chairman of the committee on the judiciary.[3] His chief legislative accomplishment was the passage of a law which enabled the state school trust fund to loan money to the city of Milwaukee for the construction of water works, thus putting money to use that was otherwise sitting idle in state accounts, and enabling an important public improvement in the city. He was also a supporter of an increased appropriation to the University of Wisconsin, and an act which enabled soldiers serving outside the state to cast votes in state elections.[1]

Later years

After leaving the Assembly, Smith determined to remain in private practice and refused several opportunities for further public office. He declined the United States District Court judgeship in the Eastern District of Wisconsin in 1872, on the retirement of Judge Andrew G. Miller, and again in 1875, on the resignation of Judge James Henry Howe. In 1876, he was offered appointment as United States Attorney in Wisconsin, to succeed Judge Levi Hubbell, but declined. He was urged to seek election to the Wisconsin Supreme Court on the death of Chief Justice Edward George Ryan, in 1880, but again declined.[1]

In business, Smith was a successful investor. He had a large stake in the Cream City Street Railroad and was president of the company for a number of years. In 1890, the company sold its assets and Smith returned a large profit, which he further invested into the Menominee Falls Quarry and the Milwaukee & Superior Railway Company, of which he also became president.

In his later years, he made several trips to Europe with his family. On one such trip to London with his daughter, he was struck by angina pectoris and died.[4]

Family

Smith was married and had six children. He was survived by his wife; his daughter who was the wife of Dr. Nathaniel W. Emerson, of Boston; Grace Smith, also in Boston; another daughter living in London; Harry Smith, in Edgewater, Chicago; and Winfield Smith, Jr., in Seattle. His daughter Evelyn was a stage performer who married the actor William Stafford, and preceded her father in death.[4]

References

  1. ^ a b c d e f g h i j Berryman, John R., ed. (1898). History of the Bench and Bar of Wisconsin. Vol. vol. 1. Chicago: H. C. Cooper, Jr. pp. 550–566. {{cite book}}: |volume= has extra text (help)
  2. ^ Barish, Lawrence S., ed. (2007). "Feature article: Those who served: Wisconsin legislators, 1848-2007". State of Wisconsin 2007-2008 Blue Book (Report). Madison, Wisconsin: State of Wisconsin. p. 177.
  3. ^ Turner, A. J., ed. (1872). "Official directory". The legislative manual of the state of Wisconsin (Report). p. 452.
  4. ^ a b "Died in London". The Weekly Wisconsin. November 11, 1899. p. 4. Retrieved April 29, 2015 – via Newspapers.com. Open access icon

External links

Legal offices
Preceded by Attorney General of Wisconsin
1862 – 1866
Succeeded by