April 27, 1824, and served until March 27, 1845, when his term expired by reason of his having attained the age of sixty-five years. It is worthy of note that there is only one instance in the roll of the court in which a vacancy occurred on this score. Judge Pettibone was succeeded by Robert Wash on Sept. 1, 1825, who served until May 1, 1837, when he resigned. Judge Wash was succeeded by John C. Edwards, who was appointed in May, 1837, during a recess of the General Assembly, until the next meeting of that body. The governor failing to nominate him when it met, his commission expired in February, 1839. In his stead, William Barclay Napton was appointed. On Judge McGirk's resignation, William Scott was appointed, August 10, 1841. Judge Tompkins was succeeded by Priestly H. McBride, March 27, 1845. On March 1, 1849, the offices of Judges Napton, Scott, and McBride were vacated by the provisions of a constitutional amendment adopted in 1848. The chief-justices during the period noted were Judge McGirk, 1820-1841; Judge Tompkins, 1841-1845; and Judge Napton, 1845-1849. The amendment of 1848, besides vacating the offices of the judges as already noted, provided that thereafter the term of that office should be twelve years. The clause providing that the judges should be appointed by the governor was retained; but the one disqualifying them to serve after the age of sixty-five years was omitted. Pursuant to this amendment Governor King, on Jan. 27, 1849, appointed William B. Napton, John F. Ryland, and James H. Birch for the term of twelve years each. Judge Napton was the only judge continued in office, and he also remained Chief-Justice of the newly appointed court.
2. Closely following this change, the people of the State, by constitutional amendment adopted in 1850, decided in favor of an elective judiciary, with shorter terms. An election was provided to be held on the first Monday in August, 1851, on which day the offices of the but recently appointed judges were in turn declared to become vacated. At the election thus provided for, William Scott, John F. Ryland, and Hamilton R. Gamble were elected. Judge Ryland was the only judge who continued on the bench. Judge Gamble became Chief-Justice, and continued to act as such while he remained a member of the court (1851-1855). Judge Scott was Chief-Justice from 1855 to 1862. Judge Gamble resigned, and was succeeded by Abiel Leonard, elected in January, 1855. At the regular election in 1857, Judges Ryland and Leonard were succeeded by William B. Napton and John C. Richardson. Judge Scott was re-elected. Judge Richardson resigned in August, 1859, and was succeeded by Ephraim B. Ewing.
3. The third period in the history of the court (1861-1868) is closely allied to the many stirring events which the late civil war allotted to Missouri. With the first mutterings of the approaching storm, a convention was called, composed of delegates elected by the people, for the purpose of considering and deciding the many questions arising out of the impending conflict. That most memorable body, which came to be generally called, and which has passed into history as the "Gamble Convention," practically governed the State and controlled her political destiny from 1861 to 1864. In October, 1861, it adopted an ordinance requiring all civil officers to take and file an oath of loyalty to the general government, and declaring that the offices of all persons failing to take and file such oath within sixty days thereafter should thereupon become vacant. Judges Scott, Napton, and Ewing all incurred the consequence thus declared. Governor Gamble, being charged with the duty of filling their places, appointed John B. Henderson, Barton Bates, and Benjamin F. Loan. Messrs. Henderson and Loan both declined to accept, and William V. N. Bay and John D. S. Dryden were then appointed as associates to Judge Bates, who became Chief-Justice. In November, 1863, the terms of these appointees expired, and an election was held to
