In 1868, Smalls was elected to the South Carolina House of Representatives. He was very effective, and introduced the Homestead Act and introduced and worked to pass the Civil Rights bill. In 1870, Jonathan Jasper Wright was elected judge of the South Carolina Supreme Court and Smalls was elected to fill his unexpired time in the Senate. He continued in the Senate, winning the 1872 election against W. J. Whipper. In the senate he was considered a very good speaker and debater. He was on the Finance Committee and chairman of the Public Printing Committee.