Andreas Atlas Index

A. T. Andreas Illustrated Historical Atlas of the State of Iowa, 1875.
Published by Andreas Atlas Corp., Chicago.

S

Unless otherwise noted, biographies submitted by Dick Barton.

Colonel WILLIAM H. SHUEY, of Western Linn County , Iowa , was born in Augusta County , Virginia , August 11, 1823 . His father, Jacob Shuey, was born on the same farm June 20, 1797 , and died at Shueyville , Iowa , in 1867. His mother's maiden name was Elizabeth Lowman, daughter of Bernard Lowman, of Middlebrook , Virginia . She was born June 13, 1804 , and resides in Western Iowa . The grandfather, Lewis Shuey, was born near Lebanon , Pennsylvania , in 1754; was a soldier in the Revolutionary war; removed to Virginia in 1795, and died in 1839. Lewis Shuey's father and grandfather, whose name was Philip Shuey, were born in France - were Huguenots, and on account of persecutions in that country, came to America about the year 1699.

William H. Shuey, the subject of this sketch, was raised on a farm, and like most of farmer's sons in that day, worked through the Summer, and attended school in Winter. He attended a classical school one year, and gave special attention to the study of land surveying, and has been for the last thirty years a practical surveyor. In the early part of his life he gave some attention to school teaching in his neighborhood during the winter months.

On the 20th of April, 1847 , he was married to Catherine V. Baker, daughter of Frederick Baker, of Boonsborough , Washington County, Maryland . By this union there are four children living, Frederick B., Ann E., Ella V., and William H.

In the days of Virginia militia, when "big musters" were the days for which all others were made, he took his part in home military duty. At the age of twenty-one he was elected captain of an armed and uniformed company, called the Middlebrook Rifles, and at the age of twenty-seven colonel of the 93d Reg. of Virginia Militia, and still has the original commission signed by John B. Floyed, then Governor of Virginia. All able-bodied men from the age of twenty-one to forty-five in that state, were compelled to do military duty, and on the parades and drills of that time, he was frequently associated with men who afterwards became noted in the Confederate service, such as Generals Stonewall Jackson, Imboden, Magruder and Baldwin.

In 1852 he became editor of the North-Western Observer, a Whig paper at Buchanan, Upsheer County , West Virginia , and in 1854 settled at Shueyville, Johnson County , Iowa , and engaged in farming. In 1861 he went into the army, and served as Captain of Co. F, 14th Iowa Infantry. This regiment commenced active duties at Donaldson, then Shiloh , and at the battles of Corinth , October 3d and 4th, 1862. Captain Shuey was the senior officer of his regiment. He was with his regiment in the campaign in Tennessee and Mississippi , and in Banks' Red River expedition in 1864. For a good part of this year he was on General A. J. Smith's staff, and won his respect as a brave and efficient officer. Captain Shuey served his three years in the army, and was honorably discharged November, 1864.

From 1865 to 1868, he served as a member of the Board of Supervisors of Johnson County , and one of the years as chairman, and in the two following years he was a member of the Board of Supervisors of Linn County. He has been residing in Western since 1868.

Colonel Shuey was connected with the Western College Advocate and Reporter as one of the editors, the most of the time from 1856 to 1864, and with the Western Gazette from its first number in 1869 till the time of its discontinuance, with the exception of one year, when it was edited by A. H. Neidig, now of the Cedar Rapids Republican. In politics he is a Republican. He has been a member of the U. B. Church for over thirty-seven years. His father and mother and grandparents on both sides, were members of that church. He is one of the incorporators of Western College , and much is due to his exertions and influence for the present location of the college, and he has been ever since one of its warmest friends.

Having given his attention to the study and practice of law, he was admitted to practice at Marion in 1874, and has established an office at Western, where he attends to all business pertaining to his profession. He is also engaged in mercantile pursuits. Full of business, he is always willing to assist in every enterprise which has for its object the material, intellectual and moral advancement of the community. He shares in a large degree the confidence and respect of his fellow citizens.

PLATT SMITH

The subject of this sketch was born in the town of Hoosick , Rensselaer County , New York , May 6, 1813 . His parents were in rather moderate circumstances, and when he was about two years of age they removed to Central New York , and finally settled in Chenango County , on a new farm. The country was new, and the soil was rather poor and covered with heavy timber. Until he was about fourteen years of age there was no school in the district; a warfare was waged about the school house site; one house was built, and burned, as was supposed, by one of the contending parties. A school house was finally built, and a school was kept three months in the Winter, and about the same length of time in the Summer, of each year. He attended this school, off and on, during a year or two, and acquired sufficient information to read a newspaper. Work was plenty, and he did whatever was required; there was hardly a branch of business carried on in the neighborhood that he did not understand. After he was 21 years of age he engaged in merchandising, with some success at first, but failed in the universal crash of 1837. The merchandizing affair cost him all he made, and left him forty-seven dollars in debt. During the next two years he worked at the millwright and carpenter business, and whatever else he found to do.

In November, 1839, he emigrated to Jackson County, Iowa, where he had the ague and fever for the first two years. During this time he was cared for by John E. Goodenow and family, the first settlers in the Town of Maquoketa . The kindness of Mr. Goodenow and wife will never be forgotten.

In November, 1842, a controversy arose between Curtis M. Doolittle, an intelligent bookseller then recently from Cincinnati , and an old gentleman by the name of David Harrington; the dispute was about a "claim." Harrington had built a small cabin on the land; Doolittle undertook to drive him out, and with a stick of brace timber knocked off some of the siding. Harrington struck Doolittle; a row ensued; Doolittle sued Harrington before a justice of the peace for forcible entry and detainer. This action was then regarded by the community as an action to test the title, or right of possession. Doolittle was a man of good education, was rather a fine public speaker, and fancied he knew considerable law. There were no lawyers nor law books in the neighborhood. Harrington asked Smith to assist him in the case, to which he assented, which was tried before a justice and a jury. The evidence was submitted. Doolittle addressed the jury. Harrington trembled. Smith replied to Doolittle, saying that he would meet the issue as Doolittle had made it, which was a question of title of ownership of the claim to the premises and cabin. The justice had sworn the jury on a Bible. Smith picked it up, and read from the 3d chapter of 1st Kings, where Solomon asked of the Lord wisdom to judge his people, and the Lord answered, "I have done according to thy word. Lo I have given thee a wise and understanding heart, so that there was none like thee, before thee, neither after thee, shall any arise like unto thee." Immediately after this there came before Solomon a controversy between two harlots as to who was the true mother of a child. The evidence and assertion of each was equally strong. Solomon called for a sword that he might divide the child between them. One of the claimants favored the division - the destruction - the other yielded her claim, and begged that the child might be spared. Solomon immediately decided the case in favor of the one who wanted no destruction, and they heard of the decision and wisdom of Solomon, and he became famous throughout the land for his wisdom.

That precedent and that decision is as good law to-day as it was when it was made. Doolittle sought to destroy the cabin. Harrington objected, and struck Doolittle. It is unnatural for the owner of property to seek its destruction. Harrington naturally sought to stay destruction, being the true owner of the cabin. It will be remembered that the wisdom of Solomon was given him that he might be able to judge his people.

The speech was brief; the jury thought it to the point, and the people who heard it were of the same opinion. Harrington ever afterwards, on all proper occasions, related the story with great satisfaction. Doolittle, the next day, came to Smith, and proposed that he should study law; he stayed several hours, and that was the principal theme of conversation. Others concurred with him. Doolittle offered to send to Cincinnati for books for him. Smith felt gratified by the good opinions that had been expressed by his friends in regard to the late trial, and finally consented to Doolittle's proposition. At that time there were no railroads in the country; the books came to hand on the 12th day of December. He had already obtained the consent of Henry Hopkins, a lawyer of Bellevue , to study law in his office. On the 13th of December he took his books to Bellevue and commenced. Harrington had previously resided in Bellevue, and was there on the 14th, and told the story of his previous trial with so much enthusiasm, that it was not more than two days afterwards until he (Smith) was engaged in another forcible entry and detainer case, this being the only action that was then usually brought to recover the claims of the settlers on the public lands, and there no other lands in the country at that time. The amount involved was frequently of the value of five hundred dollars, and sometimes several thousand dollars. The trial of the first action in Bellevue took place within the first ten days; the case was an important one. Hopkins and James K. Moss, the only regular attorneys in Bellevue , were the opposing counsel. The trial resulted in a verdict for Smith's client. There was a large number of people present, and the enthusiasm of the people was such that from thenceforth he was almost uniformly the first choice in nearly every suit that was brought, and was usually opposed by Hopkins & Moss, and was generally paid a fee of from fifteen to twenty- five dollars in each case, and received twenty-five dollars for the first case which he tried in Bellevue. This was a capital such as he had not before had since he came to the territory. He had previously engaged his board with Hopkins , and was to saw wood for him and others to pay for it. The first cord of wood was finished, and that was the last. His time was divided between the study of his books and the practical business outside in attending to cases until the first Monday in February, when in view of the approaching term of the District Court, he went to Dubuque, for the purpose of being admitted to the bar. The court in Dubuque at that time was held in the Stone Church on Locust Street . He listened to the cases for about four days, and then applied for admission. The court and lawyers had a consultation, and there was then rather a strong bar at Dubuque . The result was that they denied an examination, saying that he had not studied long enough. One of the attorneys, who was a very kind and humane man, recommended that he would apprentice himself to a harness maker, and proffered any assistance in his power. This proposition was made in good faith, and was no doubt done with the best of motives. Smith thanked the gentleman, and replied he was coming to Dubuque to practice law, and his mind was then made up to do so; and before leaving the city he inquired into the price of board, rent of houses, etc.

He had formed quite a favorable opinion of the Dubuque bar notwithstanding their refusal to give him an examination for admission; he concluded that it would require five or six months to practice in Dubuque to get even with Davis and Crawford, whom he regarded as the most formidable of the Dubuque attorneys. He then returned to his old friend Goodenow, at Maquoketa. The idea that he had been refused an examination at Dubuque seemed to shock and astonish his friends in Jackson County . He paid Doolittle for the books, and a few days afterwards took passage on a raft of lumber that ran out of the Big Maquoketa, destined for Muscatine . He worked his passage and acted as pilot in running the raft over the Rock Island Rapids, having first tied up and run a small boat down to see the channel. At Muscatine he hired a horse to go to Tipton, where Judge Williams' Court was then in session. He changed his clothes and left his pocket-book by accident in Muscatine ; when he got to Tipton he discovered the mistake. He viewed the court and lawyers a few moments, then introduced himself to Ralph P. Lowe, since Governor and Chief Justice of the state. He related to him the circumstances; asked him for the loan of ten dollars, which he said would be a great favor; told Mr. Lowe that he wanted to be examined and admitted. Lowe immediately advanced the money and told Smith to pay it to Deshler, his partner, in Muscatine . The examination was satisfactory; he obtained a certificate of admission, which was dated the 27th of March; returned to Muscatine , paid Deshler the ten dollars, and returned home. On the first Monday , the court sat at Andrew, the county seat of Jackson County . The judge, who a few days previously had denied an examination at Dubuque , was surprised to find Smith's name marked as counsel in thirty-five cases out of a total number of forty-two on the docket, and took the first opportunity to suggest to Smith that he ought be admitted to the bar before he could attend to those cases. The judge seemed quite willing that Smith should be examined. Smith assured him that he was admitted at Tipton and offered to show the judge the certificate, which he declined to look at. The judge was ever afterwards a good friend of Smith's, and, in fact, in refusing the examination he only did what nearly any other judge would do under the circumstances. But Smith was not as frank at Tipton in stating the length of time that he had studied law as he was at Dubuque ; he only said that he had studied law sufficiently to qualify himself for admission, as he had been advised by Hopkins and Moss. The cases at Andrew were disposed of in about five days. Smith met the Dubuque bar there, and when Court adjourned they all professed, and no doubt sincerely, to regret their course of action, and thought that Smith must have been studying law for the last five or six years.

The criminal cases in which he was engaged were severely contested. He assisted Hopkins in the prosecution of a man named Jackson who was indicted for the murder of Zopher Perkins. Jackson was convicted and hung. Smith soon regretted that he had assisted Hopkins at all, because, on reflection, it was extremely doubtful whether Jackson did not kill Perkins in self defense. Be that as it may, he never prosecuted another man for murder. During the next eight years he was engaged to defend a great majority of all criminals that were tried in the district and some in the adjoining states - States of Illinois and Wisconsin, - and in no case was any one ultimately convicted and sentenced, not even to pay a fine. Two of the judges who presided in the district are still living and many lawyers who practiced during that time, but no one can mention a case where a man ever paid a penalty of a dollar or was hung or imprisoned, except the imprisonment usual before the ultimate trial. He sometimes tried seven or eight murder cases in one year; in one instance there were four such cases in four successive weeks in four different counties - three white men and one Indian, - and frequently he defended two or three Indians in the same week. The excitement in some of these murder cases ran very high. Public meetings were frequently held, especially in Jackson County , to denounce Smith and his clients; but it was all of no avail - the supposed culprit was always set free. One reason why this was so was that he always gave the case a careful examination before he engaged as counsel. If there was no fair ground to doubt the guilt of the prisoner, he would leave the matter in the hands of others; but it there was a high probability of guilt, yet still there was room for a doubt, though the probabilities might preponderate in the ratio of ninety-one to a hundred, that doubt formed in law and practice a ground for acquittal. About one half of these criminal cases paid very small fees; a large proportion of them nothing. A few paid well; but if there was a reasonable doubt about the guilt of the prisoner, even though he had nothing, the case was attended to the same as though he could pay a good fee. About the year 1850, he began to get tired of criminal cases, and from that time turned his attention to civil cases. In the year 1853, the Dubuque and Pacific Railroad Company was formed. Smith drew the articles and presented them to his friends; was the first attorney of the company; got up the stock subscriptions; procured the right of way in person. In the fourth volume of G. Greene's report it will be seen that the first case was a case about the validity of Dubuque County 's subscription to the stock of the road. In that volume the firm of Smith, McKinlay and Poor is reported in thirty-six cases; George G. Wright, late Chief Justice and United States Senator, had sixteen cases; the other lawyers in the state each had a less number. Smith argued the thirty-six cases in person, his partners frequently assisting, of course, in a portion of the Dubuque cases. But it may be remarked that he made no pretentions to ability to win a civil case; all he could do was to argue and submit them, and take his chances. The change of practice from criminal to civil cases greatly increased the annual compensation; but the change from the law to the railroad business was unfortunate so far as compensation was concerned. He remained with the first formed company until the road reached Iowa Falls , and was generally Vice-President and Attorney of the company, and a part of the time President. He then organized the Iowa Falls and Sioux City Company, and was one of the four directors that had the management of the road until it was completed to Sioux City , in 1870. He was also a director in the Sioux City and Pacific, and was one of the first to organize and help to start four or five other roads. He was one of the directors and helped to plan the Dubuque bridge, which was a work of short duration and very successful. He was almost entirely disconnected with the law for about fifteen years, but occasionally took a case, and usually received a fee varying from one thousand to as high as sixteen thousand dollars in each case.

In 1853 he tried his first case in the Supreme Court of the United States ; the case of Chotau v. P. Malony. That was a test case brought to try the validity of the Dubuque claim, which was a grant by the Spanish Governor to Dubuque , of a tract of land nine miles wide by twenty miles in length. It included the City of Dubuque , and was supposed to be of the value of fourteen million dollars. Hon. T. S. Wilson and Platt Smith represented the settlers. In opposition, Chotau, who claimed under Dubuque ; Reverdy Johnson and Mr. Cornick were counsel for Chotau. The documents were written in French and Spanish. The claim was situate in Louisiana at the time the grant was made. The law that applied to the case was also French and Spanish. A very unusual interest was shown by all concerned, especially those living on the tract, not only on account of the large amount involved in the case, but the novelty of the questions also made the case interesting.

Hon. A. C. Dodge and George W. Jones, the two United States Senators, were present at the argument. At the close of the case, C. J. Taney and several other of the judges, spoke in complimentary terms of Smith's speech, and congratulated the Senators. This was regarded as a good omen by Smith and his friends, but was looked upon as rather a backhanded compliment by the opposite counsel. Mr. Charles Gregoire, who had a very important ferry case pending in the same court at the same term, was there to employ counsel for his case. He consulted Reverdy Johnson about it, who spoke so highly of Smith's speech that Gregoire concluded to commit the whole case to Smith's hands - both cases were decided in his favor; but one point which was argued for Gregoire was overruled. Justice Grier especially complimented Smith for his effort in Gregoire's case, and said he would lay the brief away for reference in some future case. In Conway et al. v. Tayar's Executors, the 1st of Black's Reports, a similar question arose eight years afterwards in which the same question was involved. Mr. Justice Swayne, in delivering the opinion of the court, refers to the brief in Fanning v. Gregoire, and says, "The arguments on file show that this objection was pressed with learning and ability." This shows that Justice Grier must probably have called the attention of Justice Swayne to the brief as the latter was not on the bench at the time the Gregoire case was tried. In the case of The Dubuque and Pacific Railroad Company v. Litchfield, Mr. Justice Catron refers to Smith's brief, and quotes a half page from it on pages 88 and 89. This case was a test case involving the title of several million dollars worth of land. It was also decided in favor of Smith's client, but was afterwards practically overruled in subsequent cases, in which Smith was not counsel. In one of those cases he filed a brief which presented the case in a light that did not suit his associate counsel; they withdrew and suppressed it, and stated the case on their own points, and were beaten. The case might have resulted differently if the brief had been left in. In the case of Sanders v. The State of Iowa , reported in the 2d Iowa Reports, page 251, will be found the only reported speech made by Smith in a law case. As he was about leaving Iowa City , he was asked to assist William E. Leffingwell in a small case involving an important constitutional question. James M. McKinlay, Smith's partner, who was an expert shorthand writer, reported the speech for Mr. Clark, the reporter, who inserted it verbatim.

Honorable WILLIAM SMYTH

Probably no more complete sketch of the life and public services of this gentleman, who was one of Iowa's most prominent men, can be given that to reproduce a portion of the remarks made by Hon. James Harlan in the Senate of the United States, December 22, 1870, upon introducing the usual resolutions of respect, after the adoption of which the Senate adjourned.

The late Hon. William Smyth was born Jan. 3, 1824 , of Scotch parents, in Tyrone County, Ireland. When about fifteen years of age he emigrated to the United States ; resided a few years in Pennsylvania , but ultimately settled in Linn County , Iowa , where he spent some time in agricultural pursuits. In 1845 he commenced the study of law in the office of Judge James P. Carlton, in Iowa City . Three years afterwards he was admitted to the bar, and commenced the practice of his profession in Marion , Linn County , where he continued to reside until the day of his death.

He soon took rank with the ablest members of the profession, and was almost immediately designated as Attorney for the State in his judicial circuit, in which office he was continued by the suffrages of the people for about five years, when a vacancy having occurred in the office of judge of the district court by the death of his old law preceptor, Judge Carlton, he was, by the unanimous recommendation of the bar, first appointed by the Governor, and afterwards elected by the people, without opposition to fill this high office. He served with great acceptability to the bar and people about three years, when, in 1857, he resigned and resumed the practice of his profession. In 1858 he was chosen by the Legislature chairman of a commission to revise and codify the laws of the state, which resulted in what is known in Iowa as the code of 1860. At the end of this service he was appointed chairman of "the commission of legal inquiry," a position requiring the highest order of practical legal learning.

In 1861, immediately after the commencement of the rebellion, he was selected by the Legislature as a member of a commission to negotiate the Iowa was loan, to be used in putting the state in a condition to repel a threatened rebel attack on the southern border, and to equip the first regiment of Iowa troops, raised for the national defense. August 10, 1862, he was appointed Colonel of the 31st Iowa Infantry, with which he marched to the front, encountering, with his comrades in arms, the perils and toils of the field until Dec. 15, 1864, when, on account of what proved to be permanent loss of health, he resigned his command, and again returned to the practice of law. In 1868, he was elected to a seat in the forty-first Congress, and in the Autumn of 1870, a short time before his death, was nominated by the Republican Convention of his district without opposition for re-election.

These almost continuous employments in judicial, legislative, financial and military positions, commencing with the office of prosecuting attorney, and culminating in his elevation to a seat in the national councils, will afford an intimation of the estimation in which he was held by the people among whom he lived, and by the Legislature and Executive of the state of his adoption.

It is impossible to present thus briefly a critical analysis of his mental and moral character. But his rapid advancement in his profession, and his early elevation to the highest position of honor and trust in the various departments enumerated, notwithstanding the severe competition and earnest rivalry which must always be encountered by a young man without wealth or family influence, in a new and vigorous community in a frontier state, sufficiently attests his capacity and sterling qualities of head and heart. These qualities did not attract attention so much on account of striking brilliancy, as for the harmonious blending of superior mental capacity, moral force and purity of character, resulting in a high order of practical ability which crowned his efforts with almost uniform success. His great qualities and marked success seemed to be more the fruits of correct early training, honest industry, severe study, careful reflection, and persistent effort than of extraordinary native endowment. Hence the comtemplation of his career may be more useful to the youth of the country than that of men of unequaled genius and native brilliancy. The former are self-made, the latter God created; the former invite, the latter forbid imitation.

His parents being of Reformed Presbyterian, he was, of course, brought up in that faith, receiving in his childhood the somewhat severe but thorough Scriptural training peculiar to that Christian denomination which laid the foundation of a purity of life which challenged the approval of the most circumspect. Nor was the culture of his mind neglected.

He enjoyed the advantages of the primary schools and academical instruction of his native country. This mental discipline was supplemented by a three years' course of legal reading under the direction of one of Iowa 's ablest jurists, before his admission to the bar.

It was thus he acquired the studious habits and that capacity for sustained laborous research which secured professional eminence, and crowned his public career with marvelous success.

He was modest and retiring almost to a fault; he did not think of himself more highly than he ought; and yet he had that self-respect and confidence in his own capacity which prompted him to undertake to do whatever was necessary to be done without much regard for the character of the obstacles in his pathway. But this confidence seemed to be the outgrowth of an abiding faith in the capacity of humanity, as a common endowment of the individuals of the race rather than self-esteem. He seemed to expect a large degree of personal success, as the legitimate reward of persistent and well directed effort, and the confidence and approval of mankind as the just reward of merit.