Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1877-03-16
Death OF Judge Smnlley.


We have to chronicle the death CT Judge
DAVID \. SMALLEY,-for twenty years past
Judge OF the United States District Court
for the District of Vermont, which took
place at his residence, in this city, Saturday
evening, at halfpast ten O'Clock, in the
6Sth year of his age.
David Allen Smalley was born in Mid
dlebury, on the 9th Of April 1909. lie pass
ed portion of his boyhood's years in the
town of Charlotte, in this county. lie re-
ceived an Academical education. and COM
menced the study of the law with his uncle.
Hon. B. Ii. Smalley, of st. Adams. In
1881, he was admitted to the Bar Of Franklin
County. Removing to Jericho. in this
County. Immediately after, he commenced
the practice of his profession. In the year
1886. no removed from Jericho to Lowell,
VT. and in the same year came thence to
Burlington to reside. He room acquired
prominence as an able and successful jury
lawyer. He mingled also actively in poll
tics. and in 1872 he was elected to the State
Senate, on the Democratic ticket, though
the county had Wing majority. lie held
the Office of Senator one year.
In 1874, he was admitted to the bar of the
United States Supreme Court. About this
time be became Chairman of the Democrat
ic State Committee, which position he held
for ten years. He was at this time, doubt
less, the most prominent Democrat in Yer
mont. He was several times a delegate TO
the Democratic National Conventions, and
an influential member of the same lie be-
came member of the Democratic National
Committee, and in 1856 was advanced to
the important post of chairman of that
committee. He was appointed Collector OF
Customs, for Vermont. in April, 1858, by
President Franklin Pierce, ard held that
Office, continuing also the practice Of the
law, till February, 1857, when be was ap-
pointed, by President Pierce, United States
District Judge. He held that office until
his death, discharging its duties with an
ability to which due tribute will doubtless
be paid by filter pens than ours. lie was
frequently called to New York, up to some
ten years ago, to assist the United States
Judges, and presided at some important
trials there. He was Douglas Democrat.
and staunch Union man throughout the |
war.
In July ,ls74. Judge Smalley hads stroke
of apoplexy, resulting in partial paralysis |
of the left side, which incspscitated him to
Chambers and discharged many of the
duties Of his office. Two years ago, at the
close of the Forty, third Congress, an act
was passed permitting him to retire on full |
pay. His resignation, however, was not
sent in till the 24,h of February last. 1t
was accepted by the President, February
osth. 1877, to take effect upon the appoint
mcnt of his successor.
Judge Smalley was married on the 22d of
May, 1888 to Laura, daughter of the late
Col. Bradley Barlow. of Fairfield, VT, and
sister Of Hon. Bradley Barlow. OF St. Al
bans. His widow survives him. together
with three sons. Col. Henry A. Smalley, of
New York; Bradley B. smalley, Esq. and
Mr.. Eugene Smalley, of this city.
Judge smalley's physical powers have
been gradually failing during the past year.
hough he did not seem to be conscious of
t, and as late as last Fall had planned to
AXE q sea voyage. to Nassau, Bahama
Stands, for his health, plan which his
friends saw was not destined to be realized.
lie had been about as well as usual, of late,
md on Friday last received visit from an
I'D friend. and seemed unusually bright and
heeriul. On Saturday forenoon he was
AIKEN with commissions. but obtained re-
ief from them. when it became plain that
lie was sinking. lie passed quietly away,
$ if in sleep, on Saturday evening, at the
lour mentioned.
His funeral will take place tomorrow
Tuesday,. at $50 p. m. from the house,
Rev. Mr.. Atwill officiating. The interment
will be in the family lot in Green Mount
cemetery.