Born 6 August 1820, on Forres High Street, in Moray, Scotland, he was the second son of Alexander Smith (1786-1841) and his wife Barbara Stuart, daughter of Donald Stuart (b.c.1740) of Leanchoil, Upper Strathspey, descended from Murdoch Stewart, 2nd Duke of Albany [REF].
Smith was educated at Anderson's Free School and on leaving at age sixteen he was apprenticed to become a lawyer in the offices of Robert Watson, Town Clerk of Forres.