ons did not, and could not,
disguise the real purpose of this chaste reform.[124]

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authorization," that the judges had withdrawn the opinion which they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