Page:The Green Bag (1889–1914), Volume 06.pdf/48

 The Supreme Court of Vermont. He evidently did not desire to continue in judicial life, as he undoubtedly could have done, for it was at the close of his term that the Bench were chosen wholly from the profession, and he was soon after elected United States senator.

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On the first day of September, 1787, the freemen of Johnson again made choice of him to represent them, and his right to a seat was not questioned. At the session, he was elected judge of the Supreme Court, and served until the twenty-fourth day of January, 1 79 1. In expectation that the State would NOAH SMITH was born in Suffield, Conn. soon be admitted to the Union, the Legis He graduated at Yale College in the summer lature, in January, 1791, elected two U. S. senators; the Gover of 1778, with a class nor and Council voted many of whom be came distinguished for Moses Robinson men, among them and Nathaniel Niles; Mr. Smith was nomi Noah Webster, the lexicographer, and nated by the House as one of the two to others mentioned in I be elected, but upon the memoir of Mr. Webster, in his un the union of the two abridged dictionary. Houses, Moses Rob inson and Stephen After graduation R. Bradley were he came to Vermont chosen. On the and delivered an ad twenty-fourth of the dress at the first cele month, Mr. Smith re bration of the battle signed as judge, stat of Bennington. He ing "that the pecu was admitted to the liar situation of my Bar, May 26, 1779, private affairs, conat Westminster, with 1 nected with my late Stephen R. Bradley, election as senator, these being the first renders it impractica admissions to the ble for me any longer Bar of Vermont. to serve the State as Mr. Smith was ap H. HENRY POWERS. judge." pointed State's attor Question was made with reference to the ney pro tern, for the county of Cumber land. In June of the same year, he was legality of the election, as it was held in Jan appointed to the same office in Bennington uary before the act admitting the State into County, and held the office for several years; the Union took effect. I infer Mr. Smith intended to contest the legality of the election, was clerk of the County Court in 1781-4; in 1788 was elected representative from the as he visited Philadelphia, the then capital, town of Johnson, the only instance, with soon after, but upon being appointed super possibly one exception, of the election of a visor of excise for Vermont, Judge Chipman non-resident to represent a town in the wrote, after hearing of his appointment that, General Assembly. His right to a seat was if so, "I fancy the business of senators is negatived by a vote of twenty-four ayes to settled." He performed the duties of excise forty-three noes, for what reason does not commissioner for several years, continuing at appear. the same time the practice of his profession.