Connecticut, a graduate of Yale, and a phy sician. He removed to this State in 1802, and died in 18 13. Judge Smith graduated at Yale in 1834, and studied law at its law school. Among his college mates were Morrison R. Waite, the future Chief-Justice of the United States, Wm. M. Ewarts, since Secretary of State, Samuel J. Tilden, and Edwards Pierrepont, minister to England. He obtained license to practise law in North Carolina, but soon re moved to Texas. After a stay of six months he returned to this State. In 1840 he was elected to the lower house of the legislature from Hertford, and in 1848 to the State Senate. By the legislature of that year he was elected Solicitor for his district, and was re-elected four years later, serving two full terms. In 1857 he was the Whig candidate for Congress against Henry M. Shaw, but was beaten by a few votes. In 1858 he was a candidate against the same competitor and was elected. Though this was his first term in Congress, he came within one vote of being elected Speaker, and would have been chosen, it is said, had he agreed to appoint E. Joy Morris, Chairman of the Committee on Ways and Means, in the interest of Pro tection. His competitors for the Speaker ship were Hon. John Sherman, Republican, and Thomas S. Bocock, of Virginia, Demo crat. Mr. Sherman having withdrawn, Mr. Pennington, of New Jersey, was elected Speaker. Mr. Smith served out his term in Congress, and was present at the inaugura tion of President Lincoln. He was elected to the Confederate States Congress, and served in it the entire period of the war (1861-65). In 1865-66 he was again a mem ber of the State legislature; and the passage of the act to permit colored people to testify was due to him, as was also the enactment of Lord Denman's act permitting parties in civil cases to be witnesses. In 1870 he removed to Norfolk, Va., to practise law. Though all his life a political opponent of Governor Holden, when the latter was by that legisla ture impeached and tried, Judge Smith was retained as one of his counsel. In 1872 he removed to Raleigh, and entered into partnership with Hon. George V. Strong. The law firm of Smith & Strong contin ued for several years. Upon the death of Chief-Justice Pearson, Mr. Smith was ap pointed, Jan. 14, 1878, by Governor Vance as Chief-Justice. This is the only instance in this State of a Chief-Justice being appointed who was not already one of the justices of the court. When Judge Smith was promoted directly from the bar to the chief place on the court, the four associate justices, though gentlemen of experience and learning, were all of the opposite political party to the ap pointing power. He was elected by the people that fall for a term of eight years. In 1886 the bench, then consisting of Smith, Ashe, and Merrimon, were re-nominated and re-elected. Chief-Justice Smith and Judge Ashe were each at the time of their re-elec tion in their seventy-fifth year. There is probably no other case of two out of three judges of the highest court of a State being re-elected at such age. No higher com pliment could have been paid their efficiency, or been more expressive of the unwillingness of the people to make changes on that court. The term of office on the Supreme Court, which was previously for life, was changed by the Constitution of 1868 to a term of eight years. But since the change there has been no instance of a judge of that court being de feated for a renomination, and none has been defeated for re-election, except in 1878, when the bench passed from the Republican to the Democratic party. Judge Smith was an excellent advocate, a fluent speaker, a strong judge. Labor was a pleasure to him. Though for ten years of his service there were but three judges on the bench, the business of the court, representing the ultimate litigation of a million and three quarters of people, never got for a day in arrears. The work, however, was too heavy; and by constitu tional amendment the number of judges was again increased to five, Jan. 1, 1889.
