Following the establishment of the circuit courts in Illinois in 1835, the legislature appointed Breese a judge, responsible for the 2nd Circuit.
A case filed in his court in 1838  concerned whether the Governor (then Whig Joseph Duncan) could remove a Secretary of State (Democrat Alexander Pope Field) and appoint another.
In a heated partisan atmosphere, Breese delivered a purely legal opinion which upheld the  Governor's power.
The opinion was appealed to the supreme court, where his opinion was overturned.
In retaliation, during the aftermath of the Panic of 1837, Democrats in the state legislature increased the number of judges on the court from four to nine (although the number would again be reduced following the adoption of a new state constitution in 1848), and Breese received one of the new positions.
Following the establishment of the circuit courts in Illinois in 1835, the legislature appointed Breese a judge, responsible for the 2nd Circuit. A case filed in his court in 1838  concerned whether the Governor (then Whig Joseph Duncan) could remove a Secretary of State (Democrat Alexander Pope Field) and appoint another. In a heated partisan atmosphere, Breese delivered a purely legal opinion which upheld the  Governor's power. The opinion was appealed to the supreme court, where his opinion was overturned. In retaliation, during the aftermath of the Panic of 1837, Democrats in the state legislature increased the number of judges on the court from four to nine (although the number would again be reduced following the adoption of a new state constitution in 1848), and Breese received one of the new positions.
Sidney Breese