A Wilson Family Tree
Notes for Daniel Smith
From the Parks manuscript:
Daniel Smith studied law, and though not brilliant, he stood high as a lawyer. At about thirty years of age, he ran as a Republican against Jacob Swope, a Federalist, and though a very popular man, suffered defeat as a consequence of the strength of the Federal party in the district. He was a great favorite among his relations on account of his ardent attachment to all who partook of his blood. Indeed, so strong was his family attachment that it extended even to the inanimate objects; so that, if he found any utensil, however homely, that had belonged to Grandfather or Grandmother, he would buy it at any price and lay it up as a souvenir. Not long after his defeat as a candidate for Congress, he was appointed Judge of the Supreme Court in Virginia, and continued on the bench until late in life, highly respected for his profound legal knowledge and clearness of judgment. He lived to the age of 77 or 78.
"Gleanings of Virginia History, An Historical and Genealogical Collection, Largely from Original Sources", by William Fletcher Boogher (Washington, DC, 1903), pp. 339-40:
Daniel Smith, 2d of John and Margaret (Davis) Smith, born 1779 ; at the age of 21 years came into possession of his interest in his grandfather's estate, inherited through his father; studied law under Judge Bushrod Washington; began the practice of his profession at his old home in Harrisonburg; was a member of both houses of the Virginia Legislature; first a member of the House of Delegates in 1805; passed his life on his estate known as "Waverly," where he generously dispensed his hospitality; was Judge of the Circuit and Supreme Courts for over forty years; his portrait can be seen in the Court House at Harrisonburg, Va., the only one the county officials will permit in the building; married, June 10, 1809, Frances Strother Duff, b. Feb. 11, 1792, d. Oct. 4, 1849.
"A History of Rockingham County Virginia" by John W. Wayland (Ruebush-Elkins Company, Dayton, VA, 1912), p. 352:
Daniel Smith, “a learned, pure judge and good man,” was born at or near Harrisonburg, in 1779, son of John and Margaret Davis Smith, grandson of Justice Daniel Smith (pp. 54, 68); he married Frances Strother Duff, June 10, 1809; children, Margaret, Elizabeth, Lucius, Frances, Marie, John, Daniel; he died Nov. 8, 1850. In 1805 he was a member of the Virginia House of Delegates; from 1804 to 1811 he was commonwealth’s attorney for Rockingham; on April 10, 1811, he was appointed a judge of the General Court, and from the same date till his death (1850) he was judge of the circuit superior court for Rockingham County. He succeeded Judge Hugh Holmes, and was succeeded by Judge Green B. Samuels. His portrait now adorns the Rockingham County courtroom. Judge John Paul said of him:
"No judge, perhaps, who ever presided on the Circuit Court bench in Virginia exerted a better or more lasting influence on the people within his jurisdiction. He was not only a great man intellectually, but he was great in the moral attributes necessary to the perfection of judicial character."
In the celebrated case of the National Bank against Steinbergen and others, involving over half a million of dollars, he gave a decision on Saturday in favor of the plaintiff; on Monday morning following he came into court and announced from the bench that he had erred in his former conclusions, and proceeded to reverse his decision.
I have been told that Judge Smith’s residence was a short distance northeast of Dayton, near the Shrum brick factory.
Note: Some of the information in these pages is uncertain. Please let me know of errors or omissions using the email link above. ...Mike Wilson
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