A History of the County of Westchester, Vol. II
» "This eloquent man," alluding to .Tudge Smith, " having been an adherent to th« royal cause in the Revolution, left the city of New York in 1783, with the British troops, and was afterwards rewarded by his sovereign with a high judiciary office at Quebec. Judge Smith, although thus removed from the place of his origin, always contemplated the politics of his native country with peculiar solicitude. One evening, in the year 1789, when Dr. Mitchell was in Quebec, and passing the evening at the chief justice's house, the leading subject of conversation was the new Federal constitution, then under the consideration of the states, on the recommendation of the Convention which sat at Philadelphia, in 1787. Mr. Smith, who had been somewhat indisposed for several days, retired to his chamber with Mr. Grant, one of the members of the legislative council, at an early hour. In a short time Mr. Grant invited Dr. Mitchell, in Mr. Smith's name, to walk from the parlor into Mr. Smith's study, and sit with them. Mr. Mitchell was conducted to a sofa, and seated beside the chief justice, before whom on a table, was a large bundle of papers. Mr. Smith resumed the subject of American politics, and noticed his papers. After searching among them awhile, he unfolded a certain one, which he said was written about the time the colonial commotions grew violent, in 1775, and contained a plan, or system of government, sketched out by himself then, and which nearly resembled the constitution after-