While this revolutionary measure was under fire in the legislature and in the Third House, the Supreme Court rendered its opinion in the alien case. To the amazement of the reformers, the decision did not touch the broad, constitutional question of the right of aliens to vote, but simply the concrete, particular question arising under the Election Law of 1829.[[125]] Judge Smith alone dissented and argued the larger issue. The admirable self-restraint of the Court, so far from stopping the mouths of detractors, only excited more unfavorable comment. The suspicion of partisanship, sedulously fed by angry Democrats, could not be easily eradicated. The Court was now condemned for its contemptible evasion of the real question at issue.
Douglas made an impassioned speech to the lobby, charging the Court with having deliberately suppressed its decision on the paramount issue, in order to disarm criticism and to avert the impending reorganization of the bench.[[126]] He called loudly for the passage of the bill before the legislature; and the lobby echoed his sentiments. McClernand in the House corroborated this charge by stating, "under authorization," that the judges had withdrawn the opinion which they had prepared in June.[[127]] Thereupon four of the five judges made an unqualified denial of the charge.[[128]] McClernand fell back helplessly upon the word of Douglas. Pushed into a corner, Douglas then stated publicly, that he had made his charges against the Court on the explicit information given to him privately by Judge Smith. Six others testified that they had been similarly informed, or misinformed, by the same high authority.[[129]] At all events, the mischief had been done. Under the party whip the bill to reorganize the Supreme Court was driven through both houses of the legislature, and unofficially ratified by Lord Coke's Assembly in the lobby.
Already it was noised abroad that Douglas was "slated" for one of the newly created judgeships. The Whig press ridiculed the suggestion but still frankly admitted, that if party services were to qualify for such an appointment, the "Generalessimo of the Loco-focos of Illinois" was entitled to consideration. When rumor passed into fact, and Douglas was nominated by the Governor, even Democrats demurred. It required no little generosity on the part of older men who had befriended the young man, to permit him to pass over their heads in this fashion.[[130]] Besides, what legal qualifications could this young man of twenty-seven possess for so important a post?
The new judges entered upon their duties under a cloud. Almost their first act was to vacate the clerkship of the court, for the benefit of that arch-politician, Ebenezer Peck; and that, too,—so men said,—without consulting their Whig associates on the bench. It was commonly reported that Peck had changed his vote in the House just when one more vote was needed to pass the Judiciary Bill.[[131]] Very likely this rumor was circulated by some malicious newsmonger, but the appointment of Peck certainly did not inspire confidence in the newly organized court.
Was it to make his ambition seem less odious, that Douglas sought to give the impression that he accepted the appointment with reluctance and at a "pecuniary sacrifice"; or was he, as Whigs maintained, forced out of the Secretaryship of State to make way for one of the Governor's favorites?[[132]] He could not have been perfectly sincere, at all events, when he afterward declared that he supposed he was taking leave of political life forever.[[133]] No one knew better than he, that a popular judge is a potential candidate for almost any office in the gift of the people.
Before starting out on his circuit Douglas gave conspicuous proof of his influence in the lobby, and incidentally, as it happened, cast bread upon the waters. The Mormons who had recently settled in Nauvoo, in Hancock County, had petitioned the legislature for acts incorporating the new city and certain of its peculiar institutions. Their sufferings in Missouri had touched the people of Illinois, who welcomed them as a persecuted sect. For quite different reasons, Mormon agents were cordially received at the Capitol. Here their religious tenets were less carefully scrutinized than their political affiliations. The Mormons found little trouble in securing lobbyists from both parties. Bills were drawn to meet their wishes and presented to the legislature, where parties vied with each other in befriending the unfortunate refugees from Missouri.[[134]]
Chance—or was it design?—assigned Judge Douglas to the Quincy circuit, within which lay Hancock County and the city of Nauvoo. The appointment was highly satisfactory to the Mormons, for while they enjoyed a large measure of local autonomy by virtue of their new charter, they deemed it advantageous to have the court of the vicinage presided over by one who had proved himself a friend. Douglas at once confirmed this good impression. He appointed the commander of the Nauvoo Legion a master in chancery; and when a case came before him which involved interpretation of the act incorporating this peculiar body of militia, he gave a constructive interpretation which left the Mormons independent of State officers in military affairs.[[135]] Whatever may be said of this decision in point of law, it was at least good politics; and the dividing line between law and politics was none too sharply drawn in the Fifth Judicial District.
Politicians were now figuring on the Mormon vote in the approaching congressional election. The Whigs had rather the better chance of winning their support, if the election of 1840 afforded any basis for calculation, for the Mormons had then voted en bloc for Harrison and Tyler.[[136]] Stuart was a candidate for re-election. It was generally believed that Ralston, whom the Democrats pitted against him, had small chance of success. Still, Judge Douglas could be counted on to use his influence to procure the Mormon vote.
Undeterred by his position on the bench, Douglas paid a friendly visit to the Mormon city in the course of the campaign; and there encountered his old Whig opponent, Cyrus Walker, Esq., who was also on a mission. Both made public addresses of a flattering description. The Prophet, Joseph Smith, was greatly impressed with Judge Douglas's friendliness. "Judge Douglas," he wrote to the Faithful, "has ever proved himself friendly to this people; and interested himself to obtain for us our several charters, holding at the same time the office of Secretary of State." But what particularly flattered the Mormon leader, was the edifying spectacle of representatives from both parties laying aside all partisan motives to mingle with the Saints, as "brothers, citizens, and friends."[[137]] This touching account would do for Mormon readers, but Gentiles remained somewhat skeptical.
In spite of this coquetting with the Saints, the Democratic candidate suffered defeat. It was observed with alarm that the Mormons held the balance of power in the district, and might even become a makeweight in the State elections, should they continue to increase in numbers.[[138]] The Democrats braced themselves for a new trial of strength in the gubernatorial contest. The call for a State convention was obeyed with alacrity;[[139]] and the outcome justified the high expectations which were entertained of this body. The convention nominated for governor, Adam W. Snyder, whose peculiar availability consisted in his having fathered the Judiciary Bill and the several acts which had been passed in aid of the Mormons. The practical wisdom of this nomination was proved by a communication of Joseph Smith to the official newspaper of Nauvoo. The pertinent portion of this remarkable manifesto read as follows: "The partisans in this county who expected to divide the friends of humanity and equal rights will find themselves mistaken,—we care not a fig for Whig or Democrat: they are both alike to us; but we shall go for our friends, our TRIED FRIENDS, and the cause of human liberty which is the cause of God.... DOUGLASS is a Master Spirit, and his friends are our friends—we are willing to cast our banners on the air, and fight by his side in the cause of humanity, and equal rights—the cause of liberty and the law. SNYDER and MOORE, are his friends—they are ours.... Snyder, and Moore, are known to be our friends; their friendship is vouched for by those whom we have tried. We will never be justly charged with the sin of ingratitude—they have served us, and we will serve them."[[140]]