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1816 Judge of Indiana 3rd Circuit District

The records show that John Test was admitted to the Franklin County Bar on 13 Apr 1812. Blackford was admitted on 10 May 1813.i According to his daughter, John Test was well suited to legal work. He possessed a faculty for learning and a love for study of the law.ii When Indiana became a state in 1816, the state assembly elected president judges for each of the three circuit court districts. Test was elected president judge of the 3rd circuit court.iii In 1821 John Test was elected prosecuting attorney for Franklin County where he served until he began serving in Congress in 1823.iv

Oliver H. Smith, who served as prosecutor in the Third Indiana District, served one term in the U.S. House of Representatives (defeating Test in the 1826 election) and one term in the U.S. Senate wrote this:

Judge John Test, the father of Judge Charles H. Test, was one of the first circuit judges, and served four [sic] terms in Congress from his district. He was one of the best lawyers of the State. His great forte was in sympathetic and persuasive appeals to the jury, in which he was eminently successful. He stood deservedly high, both as a lawyer and a statesman. The Judge wore a black suit, with his queue to his waist. He died at a good old age, honored and respected by all who knew him.v

With the 1820 census showing population growth, Indiana gained two Congressional Seats. Having only one seat prior to this, the state was now in 1822 for the first time, divided into three districts.

1822 Elected to United States House of Representatives (18th Congress) The 1822 Congressional election pitted the Democratic-Republican candidates against Federalist candidates. Indiana picked up a new district and while all three of Indiana’s districts demonstrated strong support for Andrew Jackson.vi Jackson was thought to be supportive of internal improvements.

Three Democratic-Republicans, including John Test were elected. Two of the winning candidates, Jonathan Jennings in District 2 and Test in District 3 ran as supporting the Jackson faction of the party. Test faced two opponents, receiving 46.5% of the vote, Samuel Vance 32.7% and Ezra Ferris 20.8%.viiTest won heavy majorities in Fayette and Franklin Counties, where he lived, and majorities in Henry, Randolph, and Union Counties.

1824 Re-Elected to United States House of Representatives (19th Congress) In this election the incumbents in the 2nd and 3rd districts, viz., Jennings and Test won re-election as Democratic-Republican members of the Adams-Clay faction.viii Once again, with two opponents, Test won by a plurality of 44.5% to his nearest opponent’s 37.1% 1826 Defeated by Oliver H. Smith in Congressional Election (20th Congress)

Judge Oliver H. Smith relates how he defeated Judge Test in the 1826 election:

My competitor for Congress in 1826, the Hon. John Test, was one of the first men in the State, had been on the court bench, was a fine lawyer, a good speaker, and had represented the district three full terms. The contest on my part looked at first almost hopeless. Stump speaking was just coming in fashion. The people met our appointments by thousands. The judge had his high character to aid him, and I brought to my aid a strong voice, reaching to the very extremes of the largest crowds. The judge went for the graduation of the public lands, and I went for home gifts to actual settlers. My position was the most acceptable to the masses. We met in Allenville, Switzerland county, on one occasion. The whole country was there. The judge was speaking, and for the first time introduced the new subject of railroads. He avowed himself in favor of them, and said he voted for the Buffalo and New Orleans road, and then rising to the top of his voice, “I tell you, fellow-citizens, that in England they run the cars thirty miles and hour, and they will yet be run at a higher speed in America.” This was enough. The crowd set up a loud laugh at the expense of the judge. An old fellow, standing by me, bawled out, “You are crazy, or do you think we are all fools; a man could not live a moment at that speed.” The day was mine. The judge had ruined his prospects by telling such an improbable story at that day. On another occasion the judge was speaking in favor of the tariff in the highest terms. The people knew but little about it, but what they had heard was decidedly against it; few knew the meaning of the word, and fewer what it was like. One old fellow said he had never seen one, but he believed “it was hard on sheep.”ix

1828 Elected to United States House of Representatives (21st Congress)

While Oliver Smith was serving in Congress, John Test began his campaign to succeed him as a National Republican against the Democratic candidate General Jonathan McCartney. Both called for internal improvements: roads and canals and tariffs for the protection of American industry.x Seeing that Test was in the race, Smith dropped out to avoid spitting the National Republican vote allowing McCarty to win with a minority of the vote.xi Although the parties were about of equal strength, the voting ended “in the election of Judge John Test by a triumphant majority.”xii