The lobby was a busy place in this winter session of 1840-41. It was
well known that Democratic leaders had planned an aggressive
reorganization of the Supreme Court, in anticipation of an adverse
decision in the famous Galena alien case. The Democratic programme was
embodied in a bill which proposed to abolish the existing Circuit
Courts, and to enlarge the Supreme Court by the addition of five
judges. Circuit Courts were to be held by the nine judges of the
Supreme Court.[123] Subsequent explanations 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authorization," that the judges had withdrawn the opinion which they