Report of the Joint select committee appointed to inquire into the condition of affairs in the late insurrectionary states, so far as regards the execution of laws, and the safety of the lives and property of the citizens of the United States and Testimony taken.

1644 CONDITION OF AFFAIRS IN THE SOUTHERN STATES.
Question. Are there any aspirations on the part of any members of the bar of this
county to occupy Judge Smith's place?
Answer. None that I know of, sir. My brother, Judge Cobbs, of this place, was displaced by General Swayne. Hle was himself appointed by Governor Parsons judge of
the same circuit, and he was elected by the people, and was removed by General
Swayne.
Question. On what ground?
Answer. On the ground, I suppose, that he was a democrat.
Question. Don't you know any other ground-no other alleged?
Answer. No other alleged, sir.
Question. What cause did the order issued by General Swayne assign for your
brother's removal?
Answer. I think it was a general order remoying the different officers, sir. I do not
know that it was a special order removing him. A good many were removed.
By Mr. RICE:
Question. Was he not disqualified under the reconstruction acts from holding office?
Answer. He was not, sir.
By Mr. BUCKLEY:
Question. Did he not continue in office until the constitution went into effect?
Anlswer. I think not. I think he was ordered to suspend; that is my recollection;
I may be mistaken.
Question. In what year; do you recollect?
Answer. I don't remember the year. I have a memorandum and can refer to it; but
I don't remember now. It was previous to the election, though, sir, I think.
Question. Previous to the reconstruction acts?
The WITNESS. When were they passed?
The ClHIlATIAN. In Mlarch, 1867; and the last one in July or September, 1867.
1Answer. Yes, sir.
Question. Who was the immediate predecessor of Judge Smith?
Answtcer. Judge Cobbs was the inmmediate predecessor of Judge Smith.
Question. Did he continue in office until the taking of office by Judge Smith?
Answcer. No, sir; I think there was a vacancy; that is my recollection now. But he
is here and can give accurate information. It is a matter that impressed him more
than me.
By the CHAIRMAAN:
Qucstion. Was there any feeling on the part of members of the bar of this county
against him for his filling the office he did, of your brother, under the circumstances?
Answer. I don't know that there was any feeling, any further than I have already
stated to you. There was no animosity or ill-will against him. They did not have
the confidence in him they would have had otherwise.
Question. Do you know of any resolutions passed by members of the bar requesting
him to resign?
Answer. No, sir; there were resolutions passed by the democratic convention of this
county requesting himn to resign.
Question. Had any of the lawyers any part in getting up those resolutions?
Answver. I think not.
Question. Who prompted that resolution?
Answler. I think Dr. Sledge was the member of the convention that moved it.
Question. You think it was not done by the privity or authority of any of the members of the bar?
Answer. No, sir; some of them may have known they were going to introduce it.
They stated the reason for it in the resolutions themselves.
By Mr. RICE:
Question. Is Judge Smith a pretty good man as a man and lawyer? Is he respected?
Answer. I know very little of him as a man; I know nothing against him as a man.
Question. TIhe circumstances under which he went into office make him objectionable?
Answer. Yes, sir; make him objectionable to a certain extent, but not to an extent
sufficient to impair his authority.
Question. But to the extent that there are objections?
Alnswer. Perhaps I had better state muore fully; when he first went into office, he conducted himself with remarkable courtesy to the members of the bar and to everybody,
and notwithstanding they did not approve'of the mode in which he was made judge,
they treated him with great courtesy and kindness, and members of the bar invited
him to their houses. He after that took part in politics, and made some expressions
that were calculated to wound the people. After that tley didn't have that sane feeling toward him; they thought then he was acting with two faces, if I may use the
expression.