But in December, 1838, the legislature began a session at the old Capital. The Governor declared the office of Secretary of State vacant and appointed John A. McClernand to fill it. Field, the incumbent, questioned the power of the Governor to remove him and declined to surrender the office. Quo warranto proceedings were instituted by McClernand, with Douglas and others as counsel. The Supreme Court denied the Governor's power of removal. The Court became involved in the partisan battle which raged with genuine Western fervor for two years. In the early weeks of 1841, a bill was passed, reorganizing the Judiciary, providing for the election by the legislature of five additional Supreme Judges, and imposing the duties of trial Judges upon the members of the Court. Meanwhile, Field had grown weary of the struggle with a hostile Governor and legislature, and, being threatened with a sweeping change of the Court, resigned in January, 1841. The Governor appointed Douglas his successor. Five weeks later the legislature chose him Justice of the Supreme Court and presiding Judge of the Fifth District. He resigned the office of Secretary and began his judicial career, establishing his residence at Quincy. This appointment to the bench was one of the most fortunate incidents in his busy and feverish life. He was not twenty-eight years old. Adroit, nimble-witted and irrepressibly energetic as he was, he had not yet developed much solid strength. His stock of knowledge was scanty and superficial. From force of circumstances he had devoted little time to calm thought or serious study. Early convinced that all truth lay on the surface, patent to him who had eyes to see, he had plunged into the storm of life and, by his aggressive and overmastering energy, had conquered a place for himself in the world. He was an experienced politician, a famous campaign orator, and a Justice of the Supreme Court at a period when most boys are awkwardly finding their way into the activities of the world. The younger Pitt was Chancellor of the Exchequer at twenty-three; but he was the son of Chatham, nurtured in statesmanship from the cradle. the younger Adams was Minister to the Hague at twenty-five; but he was already a ripe scholar and heir to his father's great fame. Douglas was a penniless adventurer, a novus homo, with none of those accidents of fortune which sometimes give early success to gifted men. The opportunity afforded the young Judge to extend his knowledge and mingle on terms of equality with the masters of his profession was such as rarely falls to the lot of a half-educated man of twenty-eight. He did not become an eminent Judge, yet he left the bench, after three years' service, with marked improvement in the solidity and dignity of his character. Chapter III. Member of Congress.