Ohio Biographies

Hon. Henry W. Smith

Hon. Henry W. Smith, Lawyer, was born on April 6th, 1814, in the town of Whitestown, Oneida county, New York. His ancestors were from Great Briatin, and settled in Massachusetts and Connecticut in the early days of our colonial history. He was educated in the common schools principally, although he attended the academy at Champion and the Rensselaer Oswego Academy in New York. When he was three years old his father, who was a farmer, moved to Jefferson county, in the State of New York. Henry was raised on a farm, working summers and going to the common schools in the winters. His leisure time was spent in study and reading while on the farm. In May, 1838, he emigrated to Ohio, and stopped at Circleville. In June following he commenced the study of law with H. N. Hedges, Esq., with whom he remained about one year. He completed his study of law with G. W. doan, Esq. In June, 1840, he was admitted to the bar by the Supreme Court, at Delaware, Ohio. Shortly afterwards he settled in London, in Madison county, Ohio, where he has resided ever since and has been engaged in the practice of his profession. He was elected Prosecuting Attorney in the fall of 1840, in 1842 and in 1844, thus holding the office for six consecutive years, the last term expiring in 1846. In 1858 he was appointed to fill a vacancy in the same office, by the court; in the fall of 1860 he was again elected thereto for two years, and yet again in 1864. The duties were performed by him during all that time to the satisfaction of the court and the people. His business in his profession has been extensive and lucrative; he has acquired a compentence and has raised a large family. He commenced poor, without money or frineds, but he soon acquired both. In his politics, Mr. Smith belonged to the old Whig party as long as it lasted, and in 1856 he became a member of the Republican party, and has always remained a consistent and active member of that party to the present time. In the fall of 1848 he was elected a member of the House of Representatives of the General Assembly of Ohio, for the counties of Madison, Clarke and Champaign, and was re-elected in 1849. During his legislative service, in the winters of 1848-49 and in 1849-50, he was an active and useful member, and originated and carried through a great reform in the law of evidence. Prior to that time, by the law of evidence, neither parties in an action at law, nor any person, having any pecuniary interest, in the event of a suit could be witnesses. The law seemed to be based on the theory, that a witness who had a pecuniary interest, large or small, in the event of a suit, would be tempted to, and often would, commit perjury, and hence parties to a suit could not testify, nor any person having a pecuniary interest, in the event of a suit at law. Mr. Smith, early in the session of 1848-49, introduced a bill "To improve the law of evidence," providing that partis to actions at law might call each other as witnesses, and that a pecuniary interest, in the event of a suit, should not disqualify a person from being a witness. The bill, after its second reading, was referred to Mr. Smith and the Hon. George E. Pugh as a select committee. On the 21st of February, 1849, Mr. Smith of said committee made an elaborate report on the bill, which was ordered to be rpinted. The report can be found in the "Appendix to the House Journal," session of 1848-49, page 185. The proposed reform was so bold and radical, in striking down rules venerable for their antiquity, that many members hesitated, although the report in favor of said measure was unanswerable and absolutely convincing. finally it was proposed, in order to give the bar time for reflection and consideration, to postpone the measure till the next session, which was done. During the next session, 1849-50, the measure was passed into a law with remarkable unanimity (vide vol. xlviii., page 33, session laws of 1849-50). This was a great advance in law reform. This remained to be the law till the adoption of the Code in Ohio, when the same principle was carried into the Code, extended a little on one point by allowing parties to volunteer as witnesses. In the session of 1848-49 Mr. Smith introduced a bill to amend the law of descents, by providing that husband and wife, in default of children, should be heirs to each other. Prior to that time, adn for a short time after, the act regulating descents postponed the heirship of husband and wife to the last degree before property escheated ot the State. The bill was referred to Mr. Smith as a select committee, and on the 24th of February, 1849, he made an exhaustive report thereon, which was ordered to be printed. The report is in the "Appendix to the House Journal" for 1848-49, page 198. This bill did not then pass; and, as it proposed such a radical change in the rules of descent, a great many of the members were afraid to support it, not because it was not reasonable and equitable, but because it was a great innovation; the seeds were sown, however, and produced fruit in due time. In the session of 1851-52 the principle was adopted, and ever since that time husband and wife, in default of children, have been heirs to each other. At the same session he introduced a bill to punish the stealing of a will, after the death of the testator, or a testamentary paper before his death. The bill was enacted into a law, February 23d, 1849 (vide S. and C. "Statutes," vol. ii., page 1632). Thus a great omission in our criminal law was supplied in the State. In the fall of 1853 Mr. Smtih was elected to the Senate of Ohio from the district composed of Madison, Clarke and Champaign counties. He made a useful and active member, and assisted in enacting a great deal of useful legislation, including the Liquor law, the Ten Per Cent. law, the Fee bill, etc., etc., and aided in reforming abuses and in reducing taxation. He discovered, at the end of his term in the Senate, in the spring of 1854, that he could not live very high and support his family by going to the Legislature (as many more have before and since discovered), and he determined to abstain therefrom in the future and to devote his time exclusively to his profession. This determination he rigidly adhered to until 1864, when he was nominated and elected a Presidential Elector by the Republicans, when the Hon. A. Lincoln was a candidate for re-election to the Presidency. He met the Electoral College of ohio at the capital of the State in December, 1864, and voted for Mr. Lincoln for President and Andrew Johnson for Vice-President of the United States. In the spring of 1865 he aided in establishing the Madison National Bank, of London, Ohio, and he was elected President thereof, so continuing for two and one-half years, when he sold his stock and invested the proceeds in land. In 1870 he was appointed Assessor of Internal Revenue by President Grant, and confirmed by the Senate of the United States, for the Seventh Collection District of Ohio, and he held the office for nearly three years, when, the taxes having all been taken off by Congress except upon whiskey, beer and tobacco, the assessors of internal revenue were abolished by a law of congress. During his term as Assessor nearly $2,000,000 internal revenue was raised in the district, comprising the counties of Franklin, Madison, Green and Clarke. He administered the office prudently and honestly, and to the satisfaction of the government and the people. Mr. Smith is still engaged in the practice of law. He supported the war of 1861 strenuously, but did not go into the service, as he was over the military age when the war commenced. He did, however, go into the service for ten days, at Camp Chase, during the Morgan raid, as Captain of a company. He was married in June, 1844, to an estimable lady, Jennette Smith, in Whitestown, Oneida county, New York. She is a descendant of the celebrated Otis family, of revolutionary memory, in Massachusetts. She has been a model wife and an ornament of her sex. Mr. Smith is still hale and vigorous, and stands a fair chance to live beyond the allotted age of man.

Hon. Henry W. Smith, the nestor of the Madison County bar, was born at Whitestown, Oneida Co.. N. Y., April 6, 1814. His ancestors were from Great Britain, and located in Massachusetts and Connecticut at an early day in our colonial history. He was educated at the common schools principally, although he attended the academy at Champion, and the Rensselaer Oswego Academy in New York. When he was three years old, his father, who was a farmer, moved to Jefferson County, N. Y. Henry was reared on a farm, working in the summers and going to the common schools in the winters. His leisure time was spent in study and reading while on the farm. In May, 1838, he emigrated Ohio, and stopped at Circleville. In June, following, he commenced the study of law with H. A. Hedges, Esq., with whom he remained about one year. He completed his study of law with G. W. Doane, Esq. In June, 1840, he was admitted to the bar by the Supreme Court, at Delaware, Ohio. Shortly afterward, he settled at London, where he has since resided and engaged in the practice of his profession. He was elected Prosecuting Attorney in the fall of 1840, in 1842 and in 1844, thus holding the office for six consecutive years, the last term expiring in 1846. In 1856, he was appointed to fill a vacancy in the same office by the court; in the fall of 1860, he was again elected thereto for two years, and yet again in 1861. The duties were performed by him during all that time to the satisfaction of the court and the people. His business in his profession has been extensive and lucrative; he has acquired a competence and raised a large family. He commenced life poor, without money or friends, but he soon acquired both, by energy and perseverance. In his politics, Mr. Smith belonged to the old Whig party as long as it lasted, and in 1856 he became a member of the Republican party, and has always remained a consistent and active member of that party to the present time. In the fall of 1848, he was elected to represent Madison, Clark and Champaign Counties in the General Assembly of Ohio, and re-elected in 1849. During his legislative service—the winters of 1848-49 and 1849-50—he was an active and useful member, and originated and carried through a great reform in the law of evidence. Prior to that time, by the law of evidence, neither parties in an action at law, nor any person, having any pecuniary interest in the event of a suit, could be witnesses. The law seemed to be based on the theory, that a witness who had a pecuniary interest, large or small, in the event of a suit, would be tempted to, and often would, commit perjury, etc. Mr. Smith, early in the session of 1848-49, introduced a bill "To improve the law of evidence," providing that parties to actions at law might call each other as witnesses, and that a pecuniary interest in the event of a suit should not disqualify a person from being a witness. The bill, after its second reading, was referred to Mr. Smith and the Hon. George E. Pugh, as a select committee. On February 21, 1849, Mr. Smith, of said committee, made an elaborate report on the bill, which was ordered to be printed. (The report is found in the "Appendix to the House Journal," session of 1848-49, page 185.) This proposed reform was so bold and radical, in striking down rules, venerable for their antiquity, that many members hesitated, although the report in favor of said measure was unanswerable and absolutely convincing. Finally, it was proposed, in order to give the bar time for reflection and consideration, to postpone the measure till the next session, which was done. During the next session, 1849-50, the measure was passed into a law with remarkable unanimity (vide Vol. XLVIII, page 33, session laws of 1849-50). This was a great advance in law reform. This remained to be the law till the adoption of the Code in Ohio, when the same principle was carried into the code, extending a little on one point by allowing parties to volunteer as witnesses. In the session of 1848-49, Mr. Smith introdnced a bill to amend the law of descents, by providing that husband and wife, in default of children, should be heirs to each other. Prior to that time, and for a short time after, the act regulating descents postponed the heirship of husband and wife to the last degree before property escheated to the State. The bill was referred to Mr. Smith as a select committee, and on the 24th of February, 1849, he made an exhaustive report thereon, which was ordered to be printed. (This report is in the "Appendix to the House Journal," for 1848-49. page 198.) This bill did not then pass; and as it proposed such a radical change in the rules of descent, a great many of the members were afraid to support it, not because it was not reasonable and equitable, but because it was a great innovation; the seeds were sown, however, and produced fruit in due time. In the session of 1851-52, the principle was adopted, and ever since that time husband and wife, in default of children, have been heirs to each other. At the same session, Mr. Smith introduced a bill to punish the stealing of a will, after the death of the testator, or a testamentary paper before his death. The bill was enacted into a law February 23, 1849 (vide S. and C.," Statutes," Volume II, page 1632). Thus was a great omission in the criminal law of the State of Ohio very efficiently supplied. In the fall of the year 1853, Mr. Smith was elected to the Senate of Ohio, from the district composed of Madison, Clark and Champaign Counties. He made a useful and active member, and assisted in enacting a large amount of useful legislation, including the liquor law, the ten per cent law, the fee bill, etc., etc., and aided in reforming abuses and in reducing taxation. He discovered, at the end of his term in the Senate, in the spring of 1854, that he could not live very high, and support his family by going to the Legislature (as many more have before and since discovered), and he determined to abstain therefrom in the future, and to devote his time exclusively to his profession. This determination he rigidly adhered to until 1864, when he was nominated and elected a Presidential Elector by the Republicans, when the Hon. A. Lincolin was a candidate for re-election to the Presidency. He met the Electoral College of Ohio at the Capital of the State, in 1864, and voted for Abraham Lincoln for President and Andrew Johnson for Vice President of the United States. In the spring of 1865, he aided in establishing the Madison National Bank of London, and was elected its President. He served in this position for about two and a half years, then sold his stock and invested the proceeds in land. In 1870, he was appointed Assessor of Interval Revenue by President Grant, and confirmed by the Senate of the United States, for the Seventh Collection District of Ohio, and he held the office for nearly three years, when the taxes having all been taken off by Congress except on whisky, beer and tobacco, the Assessors of Internal Revenue were abolished by Congress. During Mr. Smith's term as Assessor, nearly $2,000,000 internal revenue per year was raised in this district, comprising the counties of Franklin, Madison, Greene and Clark. He administered the office prudently and honestly, and to the satisfaction of the Government and the people. He supported the war of 1861 strenuously, but did not go into the service, as he was over the military age when the war commenced. He did, however, go into the service for ten days, at Camp Chase, during the Morgan raid, as Captain of a company. In 1876, he was selected as the delegate from this Congressional district to the National Republican Convention at Cincinnati, and assisted in nominating Gen. R. B. Hayes for President. He was married at Whitestown, Oneida Co., N. Y., in June, 1844, to a most estimable lady, Miss Jennette Smith. She is a descendant of the celebrated Otis family, of Revolutionary memory, in Massachusetts. She has been a model wife, and an ornament to her sex. Mr. Smith is still hale and vigorous, and stands a fair chance to live beyond the allotted age of man. Mr. Smith and wife have been blessed with ten children, five of whom survive. They are as follows: Ellen A., wife of W. S. Squires, of Squires and McCollum, grocers, London; Mary G., wife of G. A. Florence, of Circleville, Ohio; Luke P., a farmer of Deer Creek Township, who married Grace Mayne, of Council Bluffs, Iowa; Palmer C, an attorney at law, and ex Prosecuting Attorney of Madison County, who married Bertha, daughter of Hon. George W. Wilson, of London, and Benjamin P., on the farm with his brother, Luke D. During the summer of 1882, Mr. Smith and his wife made the tour of Europe, and visited Sootland, England, France, Switzerland, Italy, Prussia and Germany, escaping all the dangers, of the sea and land, and arrived home in October, 1882.

From HISTORY OF MADISON COUNTY - W. H. Beers [Chicago, 1883]