Theophilus W. Smith

Who was Theophilus W. Smith?

Theophilus Washington Smith 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.