y have cost him many hours of painful
deliberation.[107] At all events his avocations did not prevent him
from making every effort to carry the State for the Democratic party.

An unfortunate legal complication had cost the Democrats no end of
worry. Hitherto the party had counted safely on the vote of the aliens
in the State; that is, actual inhabitants whether naturalized or
not.[108] The right of unnaturalized aliens to vote had never been
called in question. But during the campaign, two Whigs of Galena
instituted a collusive suit to test the rights of aliens, hoping, of
course, to embarrass their opponents.[109] The Circuit Court had
already decided the case adversely, when Douglas assumed direction of
the campaign. If the decision were allowed to stand, the Democratic
ticket would probably lose some nine thousand votes and consequently
the election. The case was at once appealed.[110] Douglas and his old
friend and benefactor, Murray McConnell, were retained as counsel for
the appellant. The opposing counsel were Whigs. The case was argued in
the winter term of the Supreme Court, but was adjourned until the
following June, a scant six months before the elections.

It was regrettable that a case, which from its very nature was
complicated by political considerations, should have arisen in the
midst of a campaign of such unprecedented excitement as that of 1840.
It was taken for granted, on all sides, that the judges would follow
their political predilections--and what had Democrats to expect from a
bench of Whigs? The counsel for the appellant strained every nerve to
secure another postponement. Fortune favored the Democrats. When the
court met in June, Douglas, prompted by Judge Smith, the only Democrat
on the bench, called attention to clerical errors in the record, and
on this technicality moved that the case be dismissed. Protracted
arguments _pro and con_ ensued, so that the whole case finally was
adjourned until the next term of court in November, after the
election.[111] Once more, at all events, the Democrats could count on
the alien vote. Did ever lawyer serve politician so well?

As Chairman of the State Central Committee, Douglas had no perfunctory
position. The Whigs were displaying unusual aggressiveness. Their
leaders were adroit politicians and had taken a leaf from Democratic
experience in the matter of party organization. The processions, the
torch-light parades, the barbecues and other noisy demo