This session of the Legislature was enlivened by a singular contest between the Whigs and Democrats in relation to the State banks. Their suspension of specie payments had been legalized up to "the adjournment of the next session of the Legislature." They were not now able to resume, and it was held by the Democrats that if the special session adjourned sine die the charter of the banks would be forfeited, a purpose the party was eager to accomplish. The Whigs, who were defending the banks, wished to prevent the adjournment of the special session until the regular session should begin, during the course of which they expected to renew the lease of life now held under sufferance by the banks—in which, it may be here said, they were finally successful. But on one occasion, being in the minority, and having exhausted every other parliamentary means of opposition and delay, and seeing the vote they dreaded imminent, they tried to defeat it by leaving the house in a body, and, the doors being locked, a number of them, among whom Mr. Lincoln's tall figure was prominent, jumped from the windows of the church where the Legislature was then holding its sessions. "I think," says Mr. Joseph Gillespie, who was one of those who performed this feat of acrobatic politics, "Mr. Lincoln always regretted it, as he deprecated everything that savored of the revolutionary."
Two years later the persecuted banks, harried by the demagogues and swindled by the State, fell with a great ruin, and the financial misery of the State was complete. Nothing was left of the brilliant schemes of the historic Legislature of 1836 but a load of debt which crippled for many years the energies of the people, a few miles of embankments which the grass hastened to cover, and a few abutments which stood for years by the sides of leafy rivers, waiting for their long delaying bridges and trains.
During the winter of 1840-1 occurred the first clash of opinion and principle between Mr. Lincoln and his life-long adversary, Mr. Douglas. There are those who can see only envy and jealousy in that strong dislike and disapproval with which Mr. Lincoln always regarded his famous rival. But we think that few men have ever lived who were more free from those degrading passions than Abraham Lincoln, and the personal reprobation with which he always visited the public acts of Douglas arose from his sincere conviction that, able as Douglas was, and in many respects admirable in character, he was essentially without fixed political morals. They had met for the first time in 1834 at Vandalia, where Douglas was busy in getting the circuit attorneyship away from John J. Hardin. He held it only long enough to secure a nomination to the Legislature in 1836. He went there to endeavor to have the capital moved to Jacksonville, where he lived, but he gave up the fight for the purpose of having himself appointed Register of the Land Office at Springfield. He held this place as a means of being nominated for Congress the next year; he was nominated and defeated. In 1840 he was engaged in another scheme to which we will give a moment's attention, as it resulted in giving him a seat on the Supreme Bench of the State, which he used merely as a perch from which to get into Congress.
There had been a difference of opinion in Illinois for some years as to whether the Constitution, which made voters of all white male inhabitants of six months' residence, meant to include aliens in that category. As the aliens were nearly all Democrats, that party insisted on their voting, and the Whigs objected. The best lawyers in the State were Whigs, and so it happened that most of the judges were of that complexion. A case was made up for decision and decided adversely to the aliens, who appealed it to the Supreme Court. This case was to come on at the June term in 1840, and the Democratic counsel, chief among whom was Mr. Douglas, were in some anxiety, as an unfavorable decision would lose them about ten thousand alien votes in the Presidential election in November. In this conjuncture one Judge Smith, of the Supreme Court, an ardent Democrat, willing to enhance his value in his party, communicated to Mr. Douglas two important facts: first, that a majority of the court would certainly decide against the aliens; and, secondly that there was a slight imperfection in the record by which counsel might throw the case over to the December term, and save the alien vote for Van Buren and the Democratic ticket. This was done, and when the Legislature came together with its large Democratic majority, Mr. Douglas handed in a bill "reforming" the Judiciary—for they had learned that serviceable word already. The circuit judges were turned out of office, and five new judges were added to the Supreme Court, who were to perform circuit duty also. It is needless to say that Judge Douglas was one of these, and he had contrived also in the course of the discussion to disgrace his friend Smith so thoroughly by quoting his treacherous communication of matters which took place within the court, that Smith was no longer a possible rival for political honors.
It was useless for the Whigs to try to prevent this degradation of the bench. There was no resource but a protest, and here again Lincoln uttered the voice of the conscience of the party. He was joined on this occasion by Edward D. Baker [Footnote: Afterwards senator from Oregon, and as colonel of the 71st Pennsylvania (called the 1st California) killed at Ball's Bluff.] and some others, who protested against the act because
1st. It violates the principles of free government by subjecting the Judiciary to the Legislature.
2d. It is a fatal blow at the independence of the judges and the constitutional term of their offices.
3d. It is a measure not asked for or wished for by the people.
4th. It will greatly increase the expense of our courts or else greatly diminish their utility.
5th. It will give our courts a political and partisan character, thereby impairing public confidence in their decisions.