WILSON, Thomas S.

Thomas S. Wilson

WILSON, Thomas S. (Steubenville, OH, Oct. 13, 1813-Dubuque, IA, May 16, 1894). Wilson graduated from Jefferson College, Pennsylvania in 1832, and, after studying law two years, was admitted to the bar by the Supreme Court of Ohio in 1834. (1) He immediately began practice with General Stokely, at Steubenville.

Determined to go west and having a brother, Capt. George Wilson, of the 1st U.S. Infantry, under command of Col. Zachary Taylor, at Prairie du Chien, Wilson went there with his wife. In October 1836 when they moved to Dubuque.

In the spring of 1837, Wilson was elected President of the Board of Trustees of the town of Dubuque. Iowa was then a part of Wisconsin Territory, and contained two counties - Dubuque and Des Moines. Until July 4, 1838, he practiced law in Dubuque, Mineral Point, Lancaster and Prairie du Chien. (2) In January 1838 he was appointed by the Wisconsin territorial legislature as one of three commissioners to settle the titles and claims to the Half-Breed Tract in far southeastern Iowa. (2) The first court ever held in Iowa Territory was held by Judge Wilson at Prairie la Porte, now Guttenburg, on the second Monday in September, 1838. (3)

The controversy concerning the right of the Government to lease the lead mines of Dubuque was brought before the District Court. Judge Wilson decided against the right of the Government to lease the mines, claiming that, while there had been an act of Congress in reference to mines in Indiana Territory, there had been none respecting those west of the MISSISSIPPI RIVER. As soon as the judge's decision had been sent to Washington, the Secretary of War, Honorable John C. Spencer, wrote Wilson a sharp letter, threatening that he would speedily be removed from office.

In June, 1838, Wilson was nominated to become a delegate to Congress. While taking a steamer, to canvass the southern part of the state, he was informed by the captain that a St. Louis paper, which he had on board, contained the announcement of his (Mr. Wilson's) appointment, by President Van Buren, as one of three judges of the Supreme Court of Iowa.

In 1839 the first case heard before the court involved Ralph MONTGOMERY. The decision of the court to free the slave who was living in Iowa was later overruled by the Dered Scott Case decision of the United States Supreme Court.(4)

Wilson's appointment was renewed by Presidents Tyler and Polk. He continued on the Supreme Court until a year after the admission of Iowa into the Union as a State in 1846. (5) When the first Legislature met and went into joint ballot, he came within one vote of being elected United States Senator. (6)

In October 1847, Wilson resigned from the bench and entered into private law practice with his brother David S. WILSON and Platt SMITH, a man with whom the judge had financed the construction of the Globe Building in downtown Dubuque. (7) In 1853 Thomas Wilson and Smith successfully argued the landmark case of CHOUTEAU vs MOLONY before the United States Supreme Court. He later remarked that for the two years of work on the case, he received the enormous fee of two hundred dollars. (8) The same year Wilson presented the case of FANNING V. GREGOIRE AND BOGY before the Supreme Court.

Having lost the chance to serve as an Iowa senator, Wilson resumed his interest in politics once off the judicial bench. He campaigned against George Wallace JONES in 1853 and 1858. In the latter election, neither Jones or Wilson could overcome the division of the Democratic Party over slavery. Jones and Wilson received votes in the legislature, but James W. Grimes, the Republican, went to the Senate. (9)

In April 1852, he was elected, without opposition, Judge of the District Court, and by successive elections, held the office until January 1, 1863. Wilson, a Democrat, was defeated for re-election to the bench in the fall of 1862 by the soldiers' vote. (10) He held the first courts ever held in the counties of Clayton, Delaware, Jones, Allamakee, Winneshiek, Black Hawk, Bremer, Chickasaw, Fayette and Clinton. (11) Judge Wilson never had ten cases reversed during all the time he was on the bench. (12)

Judge Wilson was elected to two consecutive terms to the Legislature, in 1866 and 1868. At the session in 1866, he was offered by the Democratic members, the nomination of United States senator, which he declined. (13) He was also a member of the Cincinnati convention, and took and active part in the nomination of Mr. Buchanan for the presidency.

Judge Wilson has been twice married; his first wife, whom he married in Ohio before he came west, was Miss Anna Hoge, daughter of David Hoge, of Steubenville, Ohio. He married Miss Mary Stokely, his second wife, in 1864; they had five children.

At the time of his death, it was pointed out the Wilson had a continuous service as lawyer and judge of sixty years--1834 to 1894. (14)

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Source:

1. Hoffman, M. M. "The Wilsons of Dubuque," Des Moines: Annuals of Iowa, Vol.XXI No. 5, July 1938, p. 323

2. Oldt, Franklin T., History of Dubuque County, Iowa. Chicago: Western Historical Association, 1880, p. 900

3. Ibid.

4. Hoffman, p. 326

5. Portrait and Biographical Record of Dubuque, Jones and Clayton Counties, Iowa. Chicago: Chapman Publishing Company, 1894, p. 247

6. Oldt.

7. Hoffman, p. 326

8. Hoffman, p. 327

9. Ibid.

10. Hoffman, p. 328

11. Oldt.

12. Portrait and Biographical Record of Dubuque, Jones and Clayton Counties, Iowa

13. Hoffman, p. 328

14. Ibid.

Andreas, A. T. Illustrated Historical Atlas of the State of Iowa, 1875, Online: http://files.usgwarchives.net/ia/state/history/andreas/bios/wilsont.txt

The Iowa Legislature. "Thomas S. Wilson," Online: https://www.legis.iowa.gov/legislators/legislator/legislatorAllYears?personID=6062