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