By February 1879 Smith was still practicing law with his partner (Ripley N. Baylies) in Mitchellville, Iowa.
On August 10, 1881 the Republican Party of Des Moines nominated Smith as candidate for the State Senate.
Smith went on to announce his candidacy for the senate while still serving as a sitting territorial supreme court justice.
Critics began openly questioning his sanity while even his proponents admitted to his poor health.
In October 1885 President Grover Cleveland removed Smith from office and appointed Louis K. Church of New York to replace him.