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. 6th. It will impair our standing with other States and the world. 7th. It is a party measure for party purposes from which no practical good to the people can possibly arise, but which may be the source of immeasurable evils. The undersigned are well aware that this protest will be altogether unavailing with the majority of this body. The blow has already fallen; and we are compelled to stand by, the mournful spectators of the ruin it will cause. [Sidenote: Ford's "History," p. 221.] It will be easy to ridicule this indignant protest as the angry outcry of beaten partisans; but fortunately we have evidence which cannot be gainsaid of the justice of its sentiments and the wisdom of its predictions. Governor Ford, himself a Democratic leader as able as he was honest, writing seven years after these proceedings, condemns them as wrong and impolitic, and adds, "Ever since this reforming measure the Judiciary has been unpopular with the Democratic majorities. Many and most of the judges have had great personal popularity--so much so as to create complaint of so many of them being elected or appointed to other offices. But the Bench itself has been the subject of bitter attacks by every Legislature since." It had been soiled by unclean contact and could not be respected as before. CHAPTER X EARLY LAW PRACTICE