The Kansas herald of freedom., 1858-07-17


of John D. Henderson
j. W. H. Golden, Sheriff of LsasenwOrth
County.
Before Sam'l D. Lacompte, Chief J,fs-
tice Of the Supreme Court of the Terrific
| ~ of Kansas.
Jnly 1st and 2Dd. 1858.
Rses, Strong & johnson for relator. and
McCaheD, county Attorney, for respon-
dent.
John d. Henderson was indicted in the
| Probate Court of LeavenwOrth county at
the March term, under the 9Th Section of
| an Act of the Territorial Legislature,
passed at the special session. for adding
to the poll books of the Delaware cross
| ing the names of persons who did not
vote. He had been absent from the Ter
ritory from the time of finding the indict-
ment until the 1st of July, when be
made his appearance in the city. A
Bench Warrant was Immediately issued
from the Probate Court,in which the in
dictment was pending, by virtue of a
clause in the Act referred to, which gave
10 that court original and exclusive jnris-
diction in such cases, and he was arrested
| thereon.
Application was thereon made to Judge
LecOmpte for writ of Habeas Corpus,
which was granted, and Henderson was
taken before Lecompte, who discharged
him. The ground taken by the Judge
was, that the Territorial Legislature
had no power to confer criminal iurisdic-
ton upon the Probate Court-such pow
er being inconsistent with the provisions
of the Organic Act.
By the Organic Act it is provided, Sec
ton %, ''That the Judicial power ofsaid
Territory shall be vested in a Supreme
Court, District Courts, ProJnte Courts, and
in Justices of the Peace = "The
Jurisdiction of the several courts herein
provided for. both appellate and original,
and that of Probate Courts and Justices
of the Peace, shaHJe limited as by Tar, =
and the said Supreme and
District Courts shall possess cbancery, as
well as common law jurisdiction.
The oath Section of the same Act pro-
vides:
''That the legislative power of the Ter
ritory shall extend to sill rightful subjects
of legislation, consistent with the Con-
stitution of the United States and the
provisions of this act"
Now. what should be said, or thought
Of this decision What is it but an ex-
ercise and nsurpation of power to shield
crime and overthrow law
Talk about conservatism! Prate about
law and order! Why, conduct like this,
tends to goad the people to excitement,
to drive them to excess. Tends, do we
say ? The only results, indeed, TO force
them to right themselves-to determine
what is justice, aud to do it, or to have
if, in defiance of all power.
Ponder over the facts in this casei
Jack Henderson. charged with forging
names on the poll books al Delaware Cross
ing, is indicted under the Territorial law.
That law is recognized as supreme,
wherever it may be justly applied. but
the criminal, fearing trial. and Judge
Lecompte, unwilling that he should be
tried, grants a writ of Hebeas Corpus, and
discharges him. Now, what Is this, but
advertising, in effect to all scoundrels,
that they may copy directories, and add
to poll lists with impunity, so that they
do it on the right side What is it, nr-
taaily, but declaring that election frauds
may be perpetrated with impunity
What is it, but proclaimiig to the Free
men of Kansas, that they may be cheated
out of their votes, and that Judge Le-
compte will protect the scoundrels whom
so cheat them
The decision strikes us, as bad every
way ;-as blow at law aud order-as an
assault upon the purity OF the ballot box,
and as a despotic defiance of the rights of
the people, it is certainly, one of the
worst, made by Judge whose name if
infamous while living, will be more infa-
nous when dead, thereby.
We understand the dodge of Judge
Leco1npte. He declares against the word
erclasiue in the law, but takes good care
to say nothing about the jurisdiction be-
irg concurrent But of this hereafter. =
Leauenr0Ih Times