Smith Thompson
Smith Thompson was an influential American lawyer and judge who began his legal career in 1793 and served on the New York State Supreme Court from 1802 to 1818. He was appointed as the Secretary of the Navy by President James Monroe in 1818 and later nominated to the U.S. Supreme Court, where he took office in 1824. Throughout his judicial career, Thompson was involved in several notable cases that shaped American law. In *Ogden v. Saunders* (1827), he upheld a state's right to establish its own bankruptcy laws, reflecting a strong stance on states' rights. Conversely, in *Kendall v. United States ex rel. Stokes* (1838), he wrote a significant opinion that curtailed the power of the executive branch, emphasizing the accountability of government officials. Thompson also took a progressive view in *Cherokee Nation v. Georgia* (1831), where he recognized the sovereignty of the Cherokee Nation, a perspective that later gained traction in subsequent rulings. His contributions highlight important themes in American legal history, particularly concerning the balance of state and federal authority as well as the rights of Native American nations.
Subject Terms
Smith Thompson
Supreme Court Justice
- Born: January 17, 1768
- Birthplace: Amenia, New York
- Died: December 19, 1843
- Place of death: Poughkeepsie, New York
Nominated by: James Monroe
Significance: As a Supreme Court justice, Thompson defended states’ rights against the power of the federal government. He also defended the right of groups of Native Americans to be considered sovereign nations.
Thompson began practicing law in 1793 and served on the New York State supreme court from 1802 to 1818. President James Monroe appointed him secretary of the navy in 1818 and nominated him to the Supreme Court on December 8, 1823. He was confirmed by the Senate on December 19 and took office on February 10, 1824.
![Smith Thompson, Secretary of the Navy. By Portrait by an unidentified artist. [Public domain], via Wikimedia Commons 95330349-92516.jpg](https://imageserver.ebscohost.com/img/embimages/ers/sp/embedded/95330349-92516.jpg?ephost1=dGJyMNHX8kSepq84xNvgOLCmsE2epq5Srqa4SK6WxWXS)

In Ogden v. Saunders (1827), Thompson joined with the majority in defending the right of a state to follow its own rather than federal bankruptcy laws, until the two systems actually conflicted. In Kendall v. United States ex rel. Stokes (1838), Thompson wrote the majority opinion, upholding the right of a District of Columbia court to order an official of the executive branch to perform a duty. This decision limited the authority of the president.
In Cherokee Nation v. Georgia (1831), Thompson dissented from the majority by regarding the Cherokee as a sovereign nation, with the right to be heard in the Court. Although initially rejected, this idea was soon accepted by the Court in Worcester v. Georgia (1832).