Theophilus W. Smith
Encyclopedia
Theophilus Washington Smith (September 28, 1784 – May 6, 1846) was an Illinois Supreme Court
Justice from 1825 until his resignation on December 26, 1842. He holds the distinction of being the subject of Illinois's first impeachment trial, held in 1833.
Smith was born in New York City
and joined the navy before becoming a law student in the offices of Aaron Burr
. He was admitted to the New York bar in 1805.
In 1816, Smith migrated to Illinois
, settling in Edwardsville
. He ran for state Attorney General
in 1820, but was unsuccessful. In 1822, Smith was elected to the state Senate
, where he served for four years. During this time, he was also the editor of a pro-slavery newspaper and attempted to adopt a new Illinois State Constitution in 1823 that would have legalized slavery in the state.
One of Smith's political rivals was Governor Ninian Edwards
, upon whom Smith once drew a pistol. Edwards grabbed the gun away from Smith and broke Smith's jaw, leaving a scar.
Smith was elected as an Associate justice to the Illinois Supreme Court in 1825. In late 1832, he was impeached by the General Assembly
on charges of oppressive conduct, corruption, and high misdemeanors. He went on trial in the State Senate in 1833, the only time an impeachment trial has been held in Illinois until the impeachment of Governor
Rod Blagojevich
in 2009. Smith was acquitted by a vote of 12 for conviction to 10 for acquittal with 4 Senators "excused from voting." A two-thirds conviction vote was required.
When Jean Baptiste Beaubien sued for the property on which Fort Dearborn
stood, Smith wrote the Supreme Court's decision in favor of Beaubien's claim, although it was later overturned by the United States Supreme Court
.
During the Black Hawk War
, Smith served as Quartermaster-General on Governor John Reynolds
's staff. and he also served on the first board of commissioners of the Illinois and Michigan Canal
.
One of Smith's daughters married Judge Jesse B. Thomas
. Another daughter was courted by General James Semple
, although Smith's rejection of Semple as a suitable suitor turned Semple, who would later serve on the Supreme Court with Smith, into a life-long enemy.
Supreme Court of Illinois
The Supreme Court of Illinois is the state supreme court of Illinois. The court's authority is granted in Article VI of the current Illinois Constitution, which provides for seven justices elected from the five appellate judicial districts of the state: Three justices from the First District and...
Justice from 1825 until his resignation on December 26, 1842. He holds the distinction of being the subject of Illinois's first impeachment trial, held in 1833.
Smith was born in New York City
New York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
and joined the navy before becoming a law student in the offices of Aaron Burr
Aaron Burr
Aaron Burr, Jr. was an important political figure in the early history of the United States of America. After serving as a Continental Army officer in the Revolutionary War, Burr became a successful lawyer and politician...
. He was admitted to the New York bar in 1805.
In 1816, Smith migrated to Illinois
Illinois
Illinois is the fifth-most populous state of the United States of America, and is often noted for being a microcosm of the entire country. With Chicago in the northeast, small industrial cities and great agricultural productivity in central and northern Illinois, and natural resources like coal,...
, settling in Edwardsville
Edwardsville, Illinois
Edwardsville is a city in Madison County, Illinois, United States. As of the 2010 census, the city population was 24,293. It is the county seat of Madison County and is the third oldest city in the State of Illinois. The city was named in honor of Ninian Edwards, then Governor of the Illinois...
. He ran for state Attorney General
Illinois Attorney General
The Illinois Attorney General is the highest legal officer of the state of Illinois in the United States. Originally an appointed office, it is now an office filled by election through universal suffrage...
in 1820, but was unsuccessful. In 1822, Smith was elected to the state Senate
Illinois Senate
The Illinois Senate is the upper chamber of the Illinois General Assembly, the legislative branch of the government of the state of Illinois in the United States. The body was created by the first state constitution adopted in 1818. The Illinois Senate is made up of 59 senators elected from...
, where he served for four years. During this time, he was also the editor of a pro-slavery newspaper and attempted to adopt a new Illinois State Constitution in 1823 that would have legalized slavery in the state.
One of Smith's political rivals was Governor Ninian Edwards
Ninian Edwards
Ninian Edwards was a founding political figure of the state of Illinois. He served as the first and only governor of the Illinois Territory from 1809 to 1818, as one of the first two United States Senators from Illinois from 1818 to 1824, and as the third Governor of Illinois from 1826 to 1830...
, upon whom Smith once drew a pistol. Edwards grabbed the gun away from Smith and broke Smith's jaw, leaving a scar.
Smith was elected as an Associate justice to the Illinois Supreme Court in 1825. In late 1832, he was impeached by the General Assembly
Illinois House of Representatives
The Illinois House of Representatives is the lower house of the Illinois General Assembly, the state legislature of the U.S. state of Illinois. The body was created by the first Illinois Constitution adopted in 1818. The state House of Representatives is made of 118 representatives elected from...
on charges of oppressive conduct, corruption, and high misdemeanors. He went on trial in the State Senate in 1833, the only time an impeachment trial has been held in Illinois until the impeachment of Governor
Governor of Illinois
The Governor of Illinois is the chief executive of the State of Illinois and the various agencies and departments over which the officer has jurisdiction, as prescribed in the state constitution. It is a directly elected position, votes being cast by popular suffrage of residents of the state....
Rod Blagojevich
Rod Blagojevich
Rod R. Blagojevich is an American politician who served as the 40th Governor of Illinois from 2003 to 2009. A Democrat, Blagojevich was a State Representative before being elected to the United States House of Representatives representing parts of Chicago...
in 2009. Smith was acquitted by a vote of 12 for conviction to 10 for acquittal with 4 Senators "excused from voting." A two-thirds conviction vote was required.
When Jean Baptiste Beaubien sued for the property on which Fort Dearborn
Fort Dearborn
Fort Dearborn was a United States fort built in 1803 beside the Chicago River in what is now Chicago, Illinois. It was constructed by troops under Captain John Whistler and named in honor of Henry Dearborn, then United States Secretary of War. The original fort was destroyed following the Battle of...
stood, Smith wrote the Supreme Court's decision in favor of Beaubien's claim, although it was later overturned by the United States Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
.
During the Black Hawk War
Black Hawk War
The Black Hawk War was a brief conflict fought in 1832 between the United States and Native Americans headed by Black Hawk, a Sauk leader. The war erupted soon after Black Hawk and a group of Sauks, Meskwakis, and Kickapoos known as the "British Band" crossed the Mississippi River into the U.S....
, Smith served as Quartermaster-General on Governor John Reynolds
John Reynolds (U.S. politician)
John Reynolds was a United States politician from the state of Illinois. He was one of the original four justices of the Illinois Supreme Court, 1818–1825, a member of the Illinois House of Representatives from 1826–1830, 1846–1848, and 1852–1854 , and the 4th Illinois Governor from 1830–1834...
's staff. and he also served on the first board of commissioners of the Illinois and Michigan Canal
Illinois and Michigan Canal
The Illinois and Michigan Canal ran from the Bridgeport neighborhood in Chicago on the Chicago River to LaSalle-Peru, Illinois, on the Illinois River. It was finished in 1848 when Chicago Mayor James Hutchinson Woodworth presided over its opening; and it allowed boat transportation from the Great...
.
One of Smith's daughters married Judge Jesse B. Thomas
Jesse B. Thomas, Jr.
Jesse Burgess Thomas, Jr. was born in Lebanon, Ohio and was an Illinois politician who served as the Illinois Attorney General from 1835-1836 and later on the state Supreme Court....
. Another daughter was courted by General James Semple
James Semple
James Semple was a United States Senator from Illinois.Born in Green County, Kentucky, he had some private education as well as public schooling before enlisting in the Army in 1814 and being an ensign in the Kentucky Militia in 1816. He moved to Edwardsville, Illinois, in 1818 and to Chariton,...
, although Smith's rejection of Semple as a suitable suitor turned Semple, who would later serve on the Supreme Court with Smith, into a life-long enemy.