The Illinois free trader. (Ottawa, Ill.) 1840-1841, 1841-02-05
Proceedings of thr Supreme COurt--.'Ehc
Alien Nnsc pAsIE.N dcridch.

Proceedings of the Supreme COurt---Ehc
Alien Case PARTLY decided.
In our last we published postscript, stating
that the Supreme Court had decided tho "Alien
Case IN Payt, for the purpose of aiding in the
defeat of the Judiciary Bill then pending before
the Legislature. The consttuionalyfghto fther
roi'ag, however, was not decided, and the "opi-
aioas' given by three of Judges, We're merely
on an immatcrial point to effect the object above
stated.
This trucking, timc-serving policy of our Su-
prcmo Tribunal is indeed humIiatng and the tri-
umph of the judiciary Bill may be regarded as
one Of the most salutnry measures that could he
adopted to rescue our country from the hands of
designing, idle, corrupt Supreme Bench, and
cause them to earn their salaries by doing Cir
cult duties, and exhibit their weakness before tie
eyes of the people The State Register of the
29th ult. contains an able article on this subject,
and we regret that want of room in to-day's paper
prevents us from giving it at length. We, how
eve, give the following extract:
"On Tuesday morning last it was rum
ored in town that the Judges of the sup
RENE court were ready TO decide the case
from Galena involving the right of Aliens
to vote in the state of Illinois. The court
room was unusually crowded, and the
Judges proceeded to deliver their opinions.
Judge Smith delivered very able, and
in the opinion Of almost every person, an
unanswerablc opinion in favor of the right
/ Of Aliens to vote. Justice Smith was
understood to say that HE was delivering
/ the opinion Of the COURT. All were sur
| prised at this, as it had been clearly un-
dcrstood since last June term, that Justice
Smith stood alone in this case in favor of
the aliens, and that all the other members
Of the court were against him. But what
was the surprise of all, when after Justice
Smith had read his opinion Justice Lock
wood announced that he concUrred in the
dccision rs made by Justice Smith, and
then proceeded to deliver his opinion.
Chief Justice Wilson then delivered a
short opinion and concurred with Justice
Smith for the reasons assigned by Justice
Lockwood, whereupon Justice Brown said
SET fhm speech d0icn for me. or in other
words that he CONQUERED with Smith for
Lockwood's reasons. Thus the court
decided tie case in favor Of Spraggins the
Judge of the election but neither OF the
judges, except Smith, have decided that
the aliens have constitutional right to
vote in the state Of Illinois.
The opinion of Lockwood, Wilson and
Brown, in this case is studied time
serving evasion Of the question before the
Court, evidently made with view to
operate upon questions now pending be-
| fore the general assembly and with view
of allaying the excitement produced by
the certain prospect Of the decision OF the
court against the right of aliens to vote,
as is provided by the law and constitution
OF the state; yet reserving the main ques-
ton to he hereafter decided by them
against the right of alien suffrage when
more propitious and less dangerous time
shall arrive--and when democratic Le-
gislature shall not be in session, having
the power and the will to send those
gentlemen upon the circuits to earn their
salaries and exhibit their ncompetency to
the people.
What have these three Judges decided!
1t is, that the Judges of election are not to
take notice ofthe constitution or to decide
when voter presents himself, whether
he is d constitutional voter or not. The
Judge is only to tender him the oath, and
when he swallows that and it is not dis
proved, his vote must be received by the
Judge although he may know that the
voter has no constitutional right to cast
his vote.
BEET PlEs.-It is said that red beets
make very good pies. We advise our
4 L. 4