. The life and times of Thomas Smith, 1745-1809, a Pennsylvania member of the Continental congress . of my power toexamine the law, and consult the entries in such cases, asI fully intended; and therefore the cause must be continuedunder Later on in the same term, ChiefJustice Tilghman, in opening the opinion of the court,said: In this cause, as in many others, we feel the lossof our brother Smith, and this cause, also, was held underadvisement.^ A little later, in another case, he said: Butalthough we are without the authority of an adjudged case,we have the opinions of Chief Jus
. The life and times of Thomas Smith, 1745-1809, a Pennsylvania member of the Continental congress . of my power toexamine the law, and consult the entries in such cases, asI fully intended; and therefore the cause must be continuedunder Later on in the same term, ChiefJustice Tilghman, in opening the opinion of the court,said: In this cause, as in many others, we feel the lossof our brother Smith, and this cause, also, was held underadvisement.^ A little later, in another case, he said: Butalthough we are without the authority of an adjudged case,we have the opinions of Chief Justice Shippen and JudgeSmith, to which I pay great respect, in the case I havementioned, and the action of the Circuit Court was af- ^The lettering had long since become so indistinct that recently,the summer of 1903, in recutting it, the church-yard register copy ofit had to be used. I Binney, 574. Ibid., 600. Christ Chi rch, Philadelphia Showing the Pew occupied by Presidents Washington and Adams, and afterwards by Justice Smith. The Pew is double one with square plate to left of mirldle aisle. Tomb of Jisticf: Smith, in Christ Church Graveyard, Fifth and Arch Streets, Philadelphia HIS CLOSING YEARS 279 firmed.^ When Horace Binney issued his first volume ofreports, in the preface, written in December, previous toJudge Smiths death, after expressing his gratitude to theChief Justice, he said: The reporter at the same timeconfesses with great sensibihty the courtesy of the Judgesof the Supreme Court, whose opinions have always beenat his service to transcribe, and the notes of one of them,Mr. Justice Smith, have enabled him more than once tosupply a chasm, or detect an inaccuracy in his own.^When his nephew, Charles Smith, Esq., who was chosenthe following year to do the work long since assigned toJustice James Wilson, namely, edit the Laws of Pennsyl-vania, and wrote that celebrated foot-note of over onehundred and fifty pages, which has ever since been theclassic on land law i
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