MEMOIR

OF THE

HONOURABLE WILLIAM SMITH,

WRITTEN BY HIS SON.

WILLIAM SMITH was born at New-York, on the 25th of June, 1728. His father, a lawyer of eminence in that province, became a member of his majesty's council, and was afterwards appointed judge of the court of King's Bench. Judge Smith left many children, the eldest of whom is the subject of this memoir.

Mr. Smith was thus descended from a respectable family in the province, and his father perceiving he evinced considerable talent in his youth, sent him early to a grammar school at New-York. At school he was an extraordinary proficient; and when sufficiently instructed, was sent to Yale College, at New Haven, in Connecticut, where he distinguished himself so much by his learning and assiduity, that he obtained the degree of A. M. at a very early age.

He was well acquainted with the ancient writers, particularly with the Greek Philosophers, whose history he read in their native language; while he understood sufficient of the Hebrew to become familiar with many things in Rabbinical learning. He made the study of divinity a chief pursuit; and those who read what he had written on this important

B

1

subject, were astonished at his knowledge of the scriptures; while to many it appeared incredible, that one man should have acquired in a few years such variety of knowledge in matters unconnected with his immediate avocations.

He had great readiness in arithmetic, was an excellent mathematician, and in medicine was so well informed, that several eminent physicians of his native state have declared, that in answer to several questions propounded to him on this science, he had discovered great judgment, as well as minute knowledge indeed he understood almost as much of the general principles of the healing art, as speculation without practice could enable him.

He was a devout christian, a sincere protestant, and tolerant and just to those from whom he differed most. He used constantly to worship God in his family, performing its duties always himself.

Having spent several years at college, Mr. Smith repaired to his native city, where he studied law; and after being called to the bar, he entered into a very extensive practice: he was above the mean appetite of loving money, for if he saw a cause was unjust, he would state that it was so, and if the litigant parties persisted in their respective views, he would desire them to seek another counsellor : if he found the cause doubtful, he always advised his client to compromise; when differences were referred to him, which he settled, he would receive no reward, though offered it by both parties, considering himself in these cases as a judge; observing, that a judge ought to take no money. He was an eloquent speaker, remarkable for the soundness of his law opinions,

99

many of which are collected and recorded in a book by Chalmers, entitled, Opinions of Eminent Lawyers." He was the intimate friend of Robertson the historian of America, and of many other literary characters of that day.

He was appointed a member of his majesty's council as early as the year 1769, where his attendance was regular, his integrity unquestioned, and his loyalty firm to his king; and when the lowering clouds caused by the Stamp Act, began to spread over the continent. he saw the danger likely to result from the measure, and drew up a plan of union of all his majesty's colonies, which if it had been then adopted, might have prevented the civil war that ensued, and the dismemberment of the British empire in America.

The direct tax that was devised by parliament in 1764, was the origin of the controversy: both countries resorted to the constitution for arguments in support of tenets diametrically opposite to each other: on the part of America there was a claim set up to all the rights of Englishmen; and it was inferred that no tax could be laid upon them without the consent of their assemblies. Great Britain on the other hand attempted to justify her measures by admitting the principle but denying the consequence; she contending that America was virtually represented by the commons of Great Britain. Mr. Smith proposed a plan of union of all the colonies friendly to the great whole, and linking them and Great Britain together by the most indissoluble ties: all requisitions for aid and supplies for general purposes, had been formerly addressed to the several provincial

assemblies; it was now proposed this should be made to the general government. It was not however intended to annihilate the assemblies, but that there should be a lord lieutenant as in Ireland, and a council of at least twenty four members, appointed by the crown or the house of commons, consisting of deputies chosen by their respective assemblies, to meet at the central province of New-York, as the parliament of North America. To this body it was proposed all the royal requisitions for aids were to be made, and they were to have authority to grant for all; to settle the quotas for each, leaving the ways and means to their separate consideration, unless in cases of default. The members of the council were to depend upon the royal pleasure, but, to preserve independency, they were to be men of fortune, and hold their places for life, with some honorable distinction to their families, as a lure to prevent the office falling into contempt.

The number of deputies was to be proportioned to the comparative weight and abilities of the colonies they represented. The two Floridas, Rhode Island, Nova Scotia, and Georgia, to have five each; New Hampshire, Maryland, North Carolina, and Quebec, each seven; South Carolina and New Jersey, each eleven; New-York, Pennsylvania, and Connecticut, each twelve; and Massachusetts Bay and Virginia, each fifteen. The whole house would thus consist of one hundred and forty-one members, a small number when the importance of the trust was considered, but to be increased when the colonies became more populous and desired it. The crown to retain its ancient negative, and the British Parliament

its legislative supremacy in all cases relative to life, liberty and property, except in the matter of taxations for general aids, or for the immediate support of the American government. A dignified government like this, it was supposed, would produce unspeakable advantages by making the colonies better known, and that it would correct the many disorders that had crept into some of the colonial constitutions, dangerous in some instances to the colonists themselves and their British creditors, and derogative of the first rights, and many of the prerogatives of the crown most friendly to peace and good order.

The minister, G. Grenville, approved of the plan, but never brought it forward in parliament; and thus things remained, until Great Britain, in 1775, determined to tax the colonies without their consent. Mr. Smith deeply deplored the contentions that afterwards took place, and long before the civil war broke out, exerted every means in his power to avert it.

General Tryon, the governor of New-York, finding it no longer safe to remain in the city, embarked on board the Dutchess of Gordon, signifying to the council that he would not meet them again in public business; leaving each member at liberty to retire where he pleased. Mr. Smith then repaired to his country seat at Haverstraw, about forty miles from New-York. He was not long there before he was summoned, 3d June, 1777, to attend the council of safety at Kingston, and being introduced before them, he was asked whether he considered himself a subject of the Independent States of America? to which he replied, that he did not conceive himself discharged from his oaths of fidelity to the crown