davidaulloa/AmericanStories huggingface dataset:
Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1858-04-09

MANAsAH GROVER AND EMILY GROVER,
his wife as SAMUEL BAKER.--This was n
suit brought by the plaintiff to recover the
possession of certain lands, which they al
ledged the defendant unawfully kept them
out of the possession of.
The defendant, by his answer denied that
he unlawfully kept the plaintiffs out of the
possession of the lands, for the reason that
the plaintiffs in 1851, executed and deliv-
cred to him a lease of the lands during the
life of said Emily; (the samo being her
dover estate by former husband,) for
stipulated yearly rent which he had pune
tually paid, and that said Emily was still in
life, and that although he had not signed
tho lease on his part he had accepted its
terms and had taken and then held possess
sion under it. He was ready to sign said
lease, or any other writing the court might
direct, to secure TO tho plaintiffs the pay
mcnt of rent according TO the terms of tho
lease on his part. The acknowledgement
of the lease by the wife was claimed to be
defective. To this answer tho plaintif filed
a demurrer. On the trial it was insisted by
the counsel for the plaintiffs that the matter
set up in the answer was at best but an
equitable defence, and could not prevail
against the plaintiffs legal title by which
they were entitled TO recover. That the
defendant must first resort to equity by an
affirmative proceeding on his part, to have
his equitable right to possession so corrcc-
tad and reformed as to invest HIM with u
legal estate in the lands before he could set
up his rights MS defence. 1t was claimed
that the code of civil procedure did not per-
NIT defendant TO set up an equitable de-
fence against a legal title, any more than
did the common law. 1t was also claimed
that the equity powers of the court did not
extend to the correcting and reforming Of
leases, tho acknowledgement of whi,h was
defective as against married women.
On tho part of tho defendant it was
claimed, that by accepting the lease and tn
king possession under it, and paying rents
according to its terms, had consented 10 all
its stipulations and provisions, and was as
much bound to their flflment as if he had
signed it. Also, that if the lease was SC
defective by reason of not being signed by
the defendant, or of an insufficient nc
knowledgement by the wife, as not to create
a legal estate in defendant for the life of thc
wife, that it at least invested the defendant
with an equitable estate und possession, ant
that he did not in contemplation Of law
wrongfully keep tho plaintiffs ont of thu
possession.
Also that tho codo of civil procedure hat
abolished all distinction between law ant
equity, and that if the court found by the
application of tho principles of either tina
the possession Of the defendant was moi
Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1858-04-09

The Washington correspondent Of tho
Journal Of Commerce writes MS follow:
"The passage of such bill--admittng
Kansas and recognizing the Lecompton
Constituton-will bc great triumph 10 the
Administration. 1t will not increase their
strength at the South, and may decrease
their strength in the North; hut failure Of
the measure would prove fatal to them, and
to the integrity and future success of the
Democratic party"
According to this view of the case the
Administration is in dilemma. The pas.
sage of the bill will not help them at the
South, and will hurt them at the North -
and its failure would be fatal. In any
event, therefore, they arc likely to be esscn-
italy damagcd-N y. Times.
Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1858-04-09
"HsoNrsrx rs THE BEST POLICY,

"EIONESEE rs THE BEST POLICY"
Mr.. Buchanan and his Cabinet seem like
to afford new illustration of this proverb.
Had his instructions to Walker and Stan
ton been carried out in good faith, he would
have been sustained by his own party, and
by many even among republicans. With
out intending thereby to justify in the least
the steps, or any ono ef them, which had
brought the question to the point where it
stood when Walker became Governor of
Kansas, the republicans would have ncqui-
csced heartily in :he proposition TO submit
the whole question TO the people of Kansas.
We do not believe that the people of Kan
sas or of any territory or state, have any
right to votc that part Of their population,
whether white or black, shall be slaves
No moral or political ground can any where
be discovered, which gives to one class Of
ncn the right TO vote away the liberty of
another class. But since it was certain that
the people of Kansas would vote slavery
down, VIC certainly, rs matter ofmero pol
lev and rs an immediate method of settling
the vexed question, should not object 10
their doing SO. Our opponents, having all
along insisted on This doctrine of popular
sovereignty os their remedy for all the ills
of politics in Kansas, could not of course lie
allowed to cast that doctrine overheard Just
when it was about to work out tho result
wo desired, viz to make Kansas free state
Mr.. Buchanan made IN awful mistake
when he backed out of his instructions to
Walker, and refused to submit the consti.
tuition to a vote Of the people. He had the
platform and the oft asserted policy of his
party to stand on, and might have safely left
the few southern hot-hcals to vent their
rage as they pleased. But the poor old
man having all his life been a trimmer. could
not stand up to the position he had taken.
The threats of Green, Toombs, Stephen;
and the southern ire-eatcrs frightened him
out of his propriety. The idea of insisting
on the right because it is right he never un-
derstood He had no faith in justice and
fair dealing. He is now rcaping the due re-
wark of his cowardicc. Snubbed on the
army bill, defeated on the Lecompton schme,
opposed by his own party, dospised by his
opponents, he must swallow the dose how
ever bitter and digest it as he may. He is
on the ounces stool in sight of the whole
nation. 1t was needful however that the
matter should come to the present pass
Nothing less would open tho eyes ofnorth
ern democrats.
We have spoken Of the Lecomptor
scheme ms defeated. We consider it so, and
nothing but the open purchase of votes car
can mako it otherwise. Tho men who
change their vote on this question, if any
such there be, will be gibbeted by publ,
opinion, and their names will accompan,
those of other traitors to an infamous futu
rity.
Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1858-04-09

Who owes his greatness To his country ruin:
Tho lower deep of infamy has bcon
sounded by tho traitor Burns; and he now
stands out in bold relief before his outraged
constituency, aud before the whole free
North, and the liberal portion of tho South,
bcsmcarcd with the disgusting filth and
miro Of that loathsome pit which Slavery
and the Administration have digged for re-
creant Northern doughfaces.
The only man-Qforgive us, oh, mankiud)
tho only mombcr of the Ohio delegation
in Congress who was base enough to fondle
the Administrations monster--who dared
to trample under foot tho wishes of his con
sttueLc Lcy-let him receive the concentrated
wrath and denunciation that was hurled at
the DOGS. Of 1854 by tho noble FREQ
people Of Ohio. Let his name be coupled
with everything that is base and detestablc
let it bcwritten in book with that of Ben
edict Arnold; let it be held up TO future
generations in Ohio as scoff; and let it be
forever used as password at the portals of
Infamy.-RegiSter.
Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1858-04-09
Illness Of The q. S. senators.

OF the seven absentees in the Senate on
tho Lecompton vote, two are dangerously i'll.
Mr.. Henderson, Of Texas, is far gone with
the consumption, and Mr.. Reid, Of North
Carolina, lef; Washington for home early in
January, and was unable to get further than
Richmond. Mr.. Davis, of Miss, is in great
danger Of losing his oye-sight; and Mr.
Sumner il again absent and has never re-
covered from the brutal assault by Brooks
Mr. Bates Of Delaware, has not been in
Washington sinos his election.--Lsadsv.
Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1858-04-09

TURNED HrM OUT.--In the proceedings
of the House of Representatives before the
Kansas veto was taken, on Thursday last,
the following scene took place:
Mr.. Haskin of N. Y, called attention to
tho fact TINT various persons were on the
floor who were not entitled to its privileges.
He saw one who was scribbler for the
New York Herald, who had said that he
(Haskin) had gone over t. the Black Repub-
licaus, md was acting with 'Matteson and
the lobby.
He remarked that tho correspondents
name was Shaw. Mr.. Haskin then called
on tho Doorkecpcr to show Mr.. Shaw the
door, and asked the attention of the Speak.
or to the Seventeenth Rule
The Speaker said, so far as tho last part
of the suggestion was concerned, that it wa;
unnecessary
Mr.. Haskin hoped tho Doorkccper would
enforce tho rule against NIL not entitled to
the privileges of the floor.
Thcreupon Mr.. Shaw was shown to the
door. The dignity (O of the House was
therefore preserved. Yankee Dc cd | c
who's afear'd!
Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1858-04-09
The Rcdcmpfion Ell,

The bill to provide for the redemption Of
the notes Of the Seneca County Bank and
Canal Bank of Cleveland, was discussed
very fully in the House on Monday by
Messrs Edison and Harrison in favor of the
redemption of the bills by the State, and
Mcssrs. Mott and Collins against it. 1t
was contended that the State should re-
deem those notes because they had attain
ed circulation upon tho credit the State
had lent to the Banks; that the State if il
coud be sued, would be legally liable fo
this circulation.
Messrs. Collins and Mott held that thc
State was mere custodian of the bond,
and notes, without any consideration, anC
was not bound to mako them good.
1t will bc remembered that the notes II
question are an excess Of notes above tht
bonds deposited for their security, supposed
to have been put in circulation by some o
the late Treasurcrs, and reported as having
been burned, This excess amounts. MS fal
as known, TO somewhere about $4,000
This bill is designed to provide for the re.
dempton of these notes by making then
receivable for the public dues.
A case of particular hardship, in thi'
connexion, is presented in Van Vert count,
where almost tho entire school fund of that
county is held by the Treasurer, who re
ceiyed tho fund in Seneca County notes Al
tho State Treasury before this State o
things was Known. Mr.. Harrison replied
to Messrs Collins and Mott, showing thai
the guarantee of tho State was perfect
This position was also supported by Mr.
West Of Logan, and Mr.. Edison. ATTIC
some further discussion tho bill was refer
red 10 n Select Committee Toledo Blade
Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1858-04-09
cgrre.ronaenee Of the clsrelana Le.a.r.

Columbus, April 3.
DEAR LEADEH:-The agony is over the
result Of the caucus is developed. The re-
fractorv Democrats were drummed in, and
the Senate Resolution, to take re-
cess on the 2th, until the first Monday in Jan
uary, 1850, has just been agreed to by a
vote ayes 53, nays 81. A Loco sitting near
says that destroys the Democratic party
sure. respond--"Amen." Every Re
publican voted against the adjourned Session
except Allen of Jefferson, Raymond of Lu-
cas-, Quinn of Clinton, McCrcary Of Knox,
Welsh of Belmont and Worihington of
Jefferson. So We 90. This is fine com
ment on the pledge of sixty days session
w
Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1858-04-09

The Senate Yesterday passed tho bill ad-
mitting Minnesota into the Union as a State,
by vote of yeas 4s, nays 8. The nays
were Clay of Alabama, Kennedy of Mary
land, and Yulco of Florida. Objection was
made by several Senators to that clause in
the Constitution permitting aliens to vote.
Tho new State was allowed two Rcprescn-
tatives by tho bill as it passcd.-Leader Of
the 7th.
Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1858-04-09
Republicans in small caps.
A Remarkable Admission.

Tho reason Senator Pugh gave for yot-
ing against the Lccompton bill as it passed
the House, was, that the Free State men,
having q majority in Kansas, cannot ap-
prove the slavery clause; hence they
would vote tho Constitution down."
Now, that is precious argument. He
will vote against the bill because he knows
that under it tho voice Of tho majority will
be hcapcd. What a Democrat What a
Scnator!!--What a man Verify. it will
prove true-as Democrat said on Satur-
day--that hereafter. whenever tho name Of
that Senator 10 lisped, il will be pught--
CiepelGnd Herald
Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1858-04-09

TIE STATE OF Ono as JosEPn THoMP-
son AND THREE OruERs.-This was an in
dictment for m alleged riot. The jury was
regularly made up and sworn, and w. Gro
yer was called to the stand and commenced
giving testimony in behalf Of the State,
when he was stopped by the counsel on be-
half of tho defendants, who wanted to ar-
rest the testimony and to quash the indct-
ment for insufficiency. Tho Indictment
charged the defendants with having unaw-
fully assembled together, to assault the
dwelling house and person of Emily Gro
yer; but did not state that they had proceed
cd to the commission of any act whatever.
The court held that tho Indictment was in
sufficient and that no testimony could be
given under it, and sustained the motion OF
the defendants counsel. On motion of the
defendants counsel, the jury were instructed
by the court to return verdict of not quiity
in favor Of tho defendants, Which was done
accordingly and the defendants discharged.
For the State, A. B. LINDSAY Prosccu-
ting Attorney, assisted by w. II. REY-
NoLps Esqr. For tho defendants, B. j.
BARTLETT & SoN.
Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1858-04-09
Utnh ~ die House.

The debate in tho House yesterday looks
a little as if tho Administration is about to
he checked in lis Utah war extravaganza.
The South evidently does not fancy tho TO
ray on Brigham Young, and members may
well pause in raising troops and voting APP
proyriations to sustain a war begun by the
Executive on the citizens of Territory, in-
dependent of any action by Congress-
Such usurpation merits rebuko by the Rep
resentatiyes of the pcople.--Leader.
Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1858-04-09
MIcHIoAN VoLuYTEERs.-F. w. Curtcr

MICHIGAN VoLUNTEERs.--F. w. Curtcn-
ins, Adiutant and Quarter Master General
of the Michigan Militia has rendered the
President a regiment Of volunteers for ser
vice on tho plains. In bchnlf of the State
Of Michigan, Gen. c., tried and good SOL
dier, says:
"Tocrush ont rebellion, pol'gomy, or even
the "sum Of all UWGiaies," in any of the
territories. she asks but thirty days Of grace
to place at tho disposal of the War De-
partment, Regiment ready to receive and
obey marching orders"
Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1858-04-09

TOWNSEND AGAIN ARREsTED. .-Merritts-
vile, G. W., April After Townsend's
acquittal Yesterday of the murder of Con-
stable Richards, he was again committed
for trial for the murder of Nelis at Cuyuga.
The trial just concluded has been most
extraordinary one, and tho verdict rendered
is received with great astonishment.
Sylvester Doan, witness who testified
against Townsend in the late trial, was at
tackled on his way home the night after the
trial, by two men issuing from tho woods,
supposed friends or accompliccs Of Town
send. He was severely beaten and is not
expected to live.
Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1858-04-09
On Thursday last ,bc House of Ronro-

On Thursday last, the House of Repre-
scntatives at Columbus, passed bill to NJ
low the city of Toledo to borrow money to
purchase grounds, erect building for city
Office, police stations, market houses, and
ground for public parks. The bill author
ICES the City Council to borrow u sum not
exceeding 100000, at not more than Z U
cent per annum; and not moro than SlO,-
900 shall be borrowed in any one year.
ToLedo Nade.
Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1858-04-09
Friday, April Q, 1858.
Kansas Bin in the House.

The Senate returned the Kansas bill to
tho House yesterday, and by general agree
mont it is to be taken up at one o'clock to-
day. The House will probably vote to
adhere which will defeat Lecompton.--
Leader of7th.
Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1858-04-09

Of saying that the Constitution with which
Kansas is now admitted shall be submitted
TO the popular vote, il refers to il merely as
a Constitution formed at Lccompton. 1t
prevents less than majority Of tho Board
Of Commissioners from certifying tho vote
on tho Constitution to tho President, thus
rendering Kiekapoo frauds and the like
fruiless. ltrcjccts tho land grab ordinance,
and Furnishes illegal voting or fraudulent
returns with severe penalties. 1t declares
that il Lscompion is rejected, and new
Constitution ratified by the people, Kansas
shall be absolutely in the Union; thus pre-
venting any factious resistance to her ad
mission next Winter, or any demands for
compromises rs conditions Of admission.
The Americans of Washington arc as re-
ioiced at the result as the Republicans and
Douglas Democrats in Congress. The Bu-
channn men mourn and threaten alternately.
Old Buck is very gloomy and indignant
/ Tho whippcrs-in insist that the House must
and will rcccdc bnt the anti-Lccomptontes
arc firm, and all say that the man who yields
shall be branded by the whole phaanx as
disgraccd.
Mr.. Harris of Illinois came in from his
sick room, determined to vote, If it cost him
his life as it may He, with Messrs. Hick-
man and Chapman Of Pennsylvania, voted
to reject the Senate bill absolutely.
Every ant-Lccompton Member should
still stay at his post. No one can know the
hour at which the Senate may send back the
bill.
WAsnrxcroN, April At has been as
contained from an authentic source that
there has been no acceptance, conditional or
unconditional, for volunteers for Utah or
any other service under the bill now pend
ing before Congress,
The current rumor that the President;
designs n reconstruction Of tho Cabinet, is
without foundation. The members COM
posing it arc known to be harmonious on
the general policy of the Administration,
and friendly in all their relations.
Gen. Pcrsifcr T. Smith has been order
cd to Utah as well as General Harney.-
The chief command will devolve on the for
mer
There is no break in the Anti-Lccompton
column so far, and the only Democrat who
was inclined to favor conference, which is
the turning point, has abandoned his pur-
pose.
Washington, April G.
Judging from present indications, the
deficiency appropriation bill, embracing
about eight million dollars, for the army,
will be defeated in its present form. There
is an increasing disposition in Congress to
check further movements Of the Utah expe-
di;icn. The entire military force contern-
plated to bo thrown into Utah, is about 81
900 men.
Senator Davis's physical condition has
become critical, He has lost the sight Of one
Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1858-04-09
GIorIoms aStnIo OF perktns.n

AT the town election in Perkins. yester-
day, there were but sic "Damocratic' votes
cast out Of ia, the whole number polled.
Glory enough for one day. The Republ-
cans Of noble little Perkins arc worthy Of all
honor and praise. Sandusky Register.
Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1858-04-09

"If," says Senator Wade Of Ohio, "thc
South has ruled the Republic for sixty years,
as Mr.. Hammond states, how is it possible
there should be the great Northern aggres-
sion spoken ofl"
Who will anSwerl
Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1858-04-09
An Adjourned session 10 be Held.

The State Journal of the I'd of April
SAYS, "the House this morning agreed to the
Senate resolution to adjourn on the 18th Of
April till the lst of January 1859, by the
following vote:
Ycas-Messrs ALLEN Of Jefferson, An.
drews. Baglcy Bates, Bigony, Blackburn,
Brooke. Chase, Cheney of franklin, Christy
Clark, Collins, Cox Of Perry, Dohmeycr
Edson, Finefrock Flazee, Gibson, Glasgow
Green, Hughes of Highland, Jackson, Jcn-
ner, johnson, Lcete, Marshall, Morse, Mott
McCREARY, McEwen, McFcnen, Parr, Pi.
kelhimer Pitiman, QUINN, Ralston, Rankin
RAYMOND, Richardson, Robinson of HamiI.
ton, Rogers of Hamilton, Satin, Sency
Slusscr, Stephenson, Stout Thompson,
WELSH, Wescott, Wilson, Winner, WORTH
INoToN, Wright-53.
Republicans in small caps.
Navs--Mcssrs. Allen of Ashtabula. Am,
bier, Bell, Blair, Brigg., Cox of Knox, Co
WAN, Dawes, Deming, French, Furunld
Catch, Gardner, Harrison, Haymaker, Hub.
bell, HUGnEs Of Butler, Jones, Laughlin,
Monroe, MooaE, ODELL, Parsons. Peck
Roes, Roach Robinson Of Union, Rodgers
Of Clark, Simmons, Sperry, Townsend,
WEsT of Brown, West Logan of Watson
and WILLIAMS of Monroe-33.
1t will be seen that six Republicans voted
for the resolution, and six Democrat against
Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1858-04-09
House Trimmi..zs.

UNO those In want Of House Trimmings, Glass Paints
/ Oils &c. remember that are selling for CASH al
greatly reduced prios@ cAEfIELp BROTHER
is ~ faka
Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1858-04-09
r5g- On SATURDAY Tho Kansas bin rs R

NJ On OntuTuhy tne hhhS"S OAh 20 ~
passed the House was sent up to the Sen
ate, wherc it was rejected by 80 to 2S.--
Tho tribune says, the bill now returns to the
House, where motion to lay it on tho table
is likely 10 be made on its reception
which, VIC presume, will be defeated We
hope the house will then proceed at once TO
vote to ADHERE, though the probabilities
arc against this. If we do not mistake, the
motion to insist (Which will doubtless be
made) has preference by Parliamentary law.
Ifthcrc arc any weak brethren on tho anti
Lecompton side, they will doubtless botray
the infrmity by voting to insist, and ask a
conference. Should this motion prevail,
We shall have serious opprehensons as to the
final result; otherwise, We have sanguinc
hopes that tho reign of Border Ruffiauism
in Kansas is at its last gasp. We shall
soon sec whether tho noble phaanx Of Ono
Hundred and Twenty, numbers in ts'ranks
any who can ho induced to open passage
for the foe. We await the issue, not with
out apprehension, but with earnest hope.
Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1858-04-09
FOR & ATFl

aaFzn A HIGH GRADE BULL Of the Durham
E4fNtX and Devon Cross Red with some white.
N4Aab& one year old on the 25th inst, gentle and
A--A well broke to lead. Price, sixty Dollars
VII exchange for three old steers. H. r. ADAMS
York Tp., March 49, 1883. ow4'