It is stated by one of the participants in that memorable transaction (Justice Campbell) that this occurred "upon a motion of Mr.Justice Wayne, who stated that the case had created public interest and expectation, that it had been twice argued, and that an impression existed that the questions argued would be considered in the opinion of the court." He further says that "the apprehension had been expressed by others of the court, that the court would not fulfill public expectation or discharge its duties by maintaining silence upon these questions; and my impression is, that several opinions had already been begun among the members of the court, in which a full discussion of the case was made, before Justice Wayne made this proposal." The exact time when this movement was begun cannot now be ascertained.
The motives which prompted it can be inferred by recalling contemporaneous political events.

A great controversy divided public opinion, whether slavery might be extended or should be restricted.
The Missouri Compromise had been repealed to make such an extension possible.

The terms of that repeal were purposely couched in ambiguous language.

Kansas and Nebraska were left "perfectly free to form and regulate their domestic institutions in their own way, subject only to the Constitution of the United States." Whether under the Constitution slavery could be excluded from the Federal Territories was affirmed by Northern and denied by Southern Democrats.

Northern and Southern Democrats, acting together in the Cincinnati National Convention, had ingeniously avoided any solution of this difference.
A twofold interpretation had enabled that party to elect Mr.Buchanan, not by its own popular strength, but by the division of its opponents.
Notwithstanding its momentary success, unless it could develop new sources of strength the party had only a precarious hold upon power.
Its majority in the Senate was waning.