HEI Page 0489

              HISTORICAL ENCYCLOPEDIA OF ILLINOIS.
 
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Mayor, in opposition to Carter H.  Harrison, in 1885, and is believed by many to have been honestly elected, though defeated on the face of the returns.  A recount was ordered by the court, but so much delay was incurred and so many obstacles placed in the way of carrying the order into effect, that Judge Smith abandoned the contest in disgust, although making material gains as far as it had gone.  During his professional career he was connected, as counsel, with some of the most important trials before the Chicago courts; was also one of the Directors of the Chicago Public Library, on its organization in 1871.  Died suddenly, in Chicago, Oct. 6, 1898.
SMITH, Theophilus Washington, Judge and politician, was born in New York City, Sept.  28, 1784, served for a time in the United States navy, was a law student in the office of Aaron Burr, was admitted to the bar in his native State in 1805, and, in 1816, came west, finally locating at Edwardsville, where he soon became a prominent figure in early State history.  In 1820 he was an unsuccessful candidate before the Legislature for the office of Attorney-General, being defeated by Samuel D.  Lockwood, but was elected to the State Senate in 1822, serving four years.  In 1823 he was one of the leaders of the "Conventionist" party, whose aim was to adopt a new Constitution which would legalize slavery in Illinois, during this period being the editor of the leading organ of the pro-slavery party.  In 1825 he was elected one of the Associate Justices of the Supreme Court, but resigned, Dec. 26, 1842.  He was impeached in 1832 on charges alleging oppressive conduct, corruption, and other high misdemeanors in office, but secured a negative acquittal, a two-thirds vote being necessary to conviction.  The vote in the Senate stood twelve for conviction (on a part of the charges) to ten for acquittal, four being excused from voting.  During the Black Hawk War he served as Quartermaster-General on the Governor's staff.  As a jurist, he was charged by his political opponents with being unable to divest himself of his partisan bias, and even with privately advising counsel, in political causes, of defects in the record, which they (the counsel) had not discovered.  He was also a member of the first Board of Commissioners of the Illi