In the Legislative session of 1848-9, the two houses of the General Assembly united in electing Mr. Spalding a judge of the Supreme Court of the State for the constitutional term of seven years. But when four years of the term remained unexpired, the operation of the new constitution ended the pending terms of all offices, and devolved the election of Supreme Court judges upon the people instead of on the General Assembly. Judge Spalding declined being a candidate for the office in a popular canvass, and so the advantages of his ripe legal and judicial knowledge was lost to the Bench of the State. Concurrent testimony shows that no decisions were held in greater respect by the lawyers and the public, for their uprightness and justice, whilst to the legal fraternity in particular, they commended themselves by their logical force, and terse, clear, emphatic style and precision of expression that rendered them models of judicial literature. His judicial opinions are contained in volumes 18, 19 and 20 of the Ohio Reports. On his retirement from the Bench of the State, Judge Spalding returned to the practice of the law with renewed ardor. Cleveland, presenting a wider field for the exercise of his abilities, he removed to that city and at once took front rank among the many able members of the profession. His profound knowledge of the law, power as a debater, and his ability of creating a strong impression on both courts and juries, built up for him an extensive and lucrative practice. When he spoke he carried conviction, it being all but impossible to resist the solid array of arguments and terse, incisive style. The same characteristics that made him afterwards so powerful in Congress had great effect on the most intelligent juries, and exercised a marked influence on the judges engaged in trying the causes in which he was interested as advocate. Although the law claimed his first attention, and was his choice, Judge Spalding was no indifferent spectator of the course of politics. He had been trained a Democrat, and was a powerful worker in that party. But all his convictions were on the side of justice and freedom, and when, in 1850, the Fugitive Slave Law wedded Democracy to slavery, Judge Spalding, in common with thousands of others, broke through the party traces, and joined the "Free Soil" party, opposed to the extention of slavery. At the Free Soil convention of 1852, he was an active and prominent delegate, and on his nomination, John P. Hale was made the candidate for the Presidency.