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resentatives, and made one of his greatest efforts. . . . Judge Smith was a man of unquestioned ability, and in the courts in his circuits in which I practised he always presided with dignity, and was courteous and affable in his intercourse with the members of the bar. For some cause unknown to me, there was a bitter feeling existing against him on the part of some members of the bar

at Edwardsville. As the Supreme Court sat in Vandalia dur ing the session of the Legislature, Judge Smith could not, from some idiosyncrasy, resist the temptation to intermeddle with matters before the Legislature, and this trait in his character frequently subjected him to unfavorable criticism." Judge Smith died at Chicago, May 6, 1846. It is proper now to notice a storm of poli tics which came upon the court. A vigorous presidential campaign had engendered PINKNEY H. among the politicians deep-seated enmities. The Democrats, having been unsuccessful in national politics, resolved to utilize their power in State affairs. The Supreme Court, containing three Whigs and only one Democrat, excited their special jealousy. A decision in Field v. The People, 2 Scammon, 79, and in another case contrary to the in terests of the Democrats, afforded a reason for attack upon the court. Alexander P. Field, a Whig, had long been Secretary of State. Governor Carlin nominated John A. McClernand to the office, and the Senate refused to confirm him. Notwithstanding this, after

the Legislature adjourned, the Governor com missioned his nominee as Secretary of State, and McClernand being refused possession by the incumbent, sued out a writ of Quo War ranto. Judge Breese decided in favor of McClernand. Field appealed to the Su preme Court, where Cyrus Walker, Justin Butterfield, and Levi Davis argued for the appellant, and J. B. Thomas, S. A. Douglas, James Shields, and Wickliffe Kitchell ar gued for the appellee. The decision below was reversed. The court held, among other things, that the powers of appointment given the Governor by the Constitution did not authorize the Gov ernor to remove an officer. Judge Browne did not sit in the case. The opinion was de livered by Judge Wil son; Judge Lockwood deliv ered a concurring, and Judge Smith a dissenting opinion. These opinions oc cupy one hundred and four pages of the re port, and review ex WALKER haustively the discus sions of that interest ing question which had been made under the Federal and different State Constitutions This decision was so distasteful to the De mocrats as to cause them in 1841 to force the passage of the act heretofore mentioned under which five Democrats were added to the four judges already upon the Supreme Bench. Those thus added were Thomas Ford, Sid ney Breese, Walter Bennett Scates, Samuel Hubbel Treat, and Stephen Arnold Douglas. Ford was born at Uniontown, Pennsylvania, in 1800. He was a half-brother of Hon. George Forquer. He was successively pros