davidaulloa/AmericanStories huggingface dataset:
The Kansas herald of freedom., 1859-12-03
ch,np.r.y and solon Q. Thaehsr.


An offense at common law, known as
champerty, was considered very dis
graceful one, and when proven upon an
attorney, was sufficient to silence him in
Court. Blackstone defines it:
"a bargain with plaintiff or defendant
to divide the land or other matter sued
for between them if they prevail at law !;
whereupon the champerter is to carry on
the party's suit at his own expense. '
In the English sense Of the word, it signi-
fies the purchasing of suit. or right OF
suing: practise so much abhorred by
law, that it is one main reason why chose
in action, or thing of which one hath the
right, but not the possession. is not as
signable at common law because no
man should purchase any pretence to sue
in snother's right. These pests of civil
society, who are perpetualiy endeavoring
to disturb the repose of their neighbors,
and oficiously interfering in other mems
quarrels, even at the expense of their
own fortunes, were severely animadverted
on by the Roman law, and were punished
by the forfeiture of third part of their
goods and perpetual INFAMY."
Similar restrictive laws have been passed
in the several States against this offense.
ain New York it is misdemeanor
knowingly to take conveyance of lands
or tenements, or of any interest therein,
from a person not in possession, while the
title is controverted by suit in any court ;
also to buy or sell, or make or take any
agreement to convey any pretended title
to lands or tenements, unless the party
selling or agreeing to sell, has, or he and
those by whom he claims have been in
possession of the same, or of the reversion
or remainder, or have received the profits
thereof for one year before"
Scion o. 7hacher claims to have been
lawyer in New York. II so, he was not
ignorant of that principle of the common
law, nor of the statute law of New York,
neither was he ignorant of those princi-
Piles of natural ethics which underlie all
law, and is the basis of Christianity itself:
"Do to Others as ye would have Others
do unto you )" and yet, as will more full
ly appear by an article elsewhere, headed
"a Fillainous Lawyer will make an Un-
just Judge" this man Thacher has
stepped in and bought lawsuit, and i'm
plicated himself in such a manner as to
render himself, under the civil law, sub
ject to perpetual infamy; under the COM
mon law, to fine and Imprisonment uu-
der the State..laws, generally, subject to
expulsion from the bar, and other penal
ties and under the laws of Kansas, to
fine and Imprisonment. And yet this
villainous lawyer desires the people next
Tuesday to elect him to an Office enabling
him to decide questions in which life,
liberty and property are involved. Such
a man is unworthy of any position but
that ascribed him by the Roman law, to
wit perpetual Infamy."
The Kansas herald of freedom., 1859-12-03

believe in me. I WOULD NOT Accrpr -.
OFFICE AT THEIR HANDS. Be this u,a.-
stood"
While, as q Republican, I wish the tri.
umph of Republican principles, l shall
labor to secure that end by the defeat Of
Republican tricksters. Still less can be
driven to their support by the threat made
by Gen. Lane and his friends, who are ar.
dent co-workers of Conway, that they will
strike blow at Gov. ROBINSON and
THos. EWING, Jr, if Republicans do not
submit to party drill. I deny their right
to dragoon us into the support of bad
men, and take this threat, ichieh am sat.
isfed ,ciH Be carried into eject at all erent,
as an additional evidence that Lane and
Conway are not to be trusted as mon of
principles embodiments of our polif.
! cal faith.
As a Free State Democrat, who ba.
done good service for the cause Of free.
dom, as a man of honor and political in.
tegrity, respect Judge HALDERNAS, and
am willing that he should have his ius.
due for his past services to the cause Of
freedom, and for his manly abilities, al.
though I shall withhold my vote from
him as well as from Mr.. Conway.
| REPUBLICAN,
The Kansas herald of freedom., 1859-12-03
Not True.

The Evansville, Ind, Enquirer, has an
editorial in which the editor labors to
make it appear that Old John Brown
was for two years an inmate of the Ken
lucky Penitentisry that he was tried
and convicted at Morgansfeld, Union Co.,
KY, for running off slaves, and his term
of service to the State expired just before
the Presidential election in 1856.
That editor is decidedly mistaken in
regard to Old John Brown. The latter
came to Kansas late in the summer or
fall of 1856, was at Pottawattamie in May,
and at Black Jack about the first of June,
1856, and at different places in the Ter
ritory until little after the middle of
September, when, in company with his
sons, he started for the East, by way of
Nebraska. He travelled in the disguite of
a surveying party, and as such deceived
all with whom he came in contact. The
Enquirer has got the wrong man.
The Brown to whom the Enquirer al
ludes, was resident of Henderson, KY.
His sons, whom the editor mentions, are
all daughters. He was convicted in 1855,
and released at the expiration of his term
in May, 1857. His family. after his con-
viction, removed to and became residents
of Indianapolis, Ind. He rejoined them
at that place when his term of imprison-
ment expired. So much for that Roor-
back, off from the same piece with the
statement of the Atchison Union, which
represented Old John Brown as horse
thief in Illinois. and the Thousand and
one equally false statements in regard to
him by the Republican press.
The Kansas herald of freedom., 1859-12-03
Democratic Mammalian

1t will be observed by the proceedings
of the Democratic District Convention,
held at Olathe, on the 21st ult., that Dr. S.
K. HUsoN, of this city, is one of the NOM
inees for Senator under the Wyandott Con-
stitution. The Doctor is oee of our most
substantial citizens, the very popular Post
master of Lawrence, and worthy gentle
man. With the political odds against him
he can hardly expect to be elected. We
will say this, however, for qualifications,
integrity, or moral worth, no better men
could have been named by them, than DR..
HUsoN, A. SMITH DEvENNEY and s. o.
HEMINwAY. The other nominees for SEN
ator we are not acquainted with. A por-
ton of their Representative ticket are also
very worthy men. We might instance
G. S. SHAW, L. A. PRATHER, E. MERw1N,
and w. L. McMATH, Esqs. The other
gentlemen we are not acquainted with, and
cannot speak of them. 1t is reported that
two of the nominees were concerned in
the preparation of the Oxford frauds, in
the fall of 1857. If so, no Free State
Democrat, or anybody else should vote for
them. They were scoundrels of the
blackest dye, and deserved death, instead
of being honored with nomination. We
hope our report is false in this respect,
though we fear not. If all the candidates
had been gentlemen of the same charac-
ter with those named above, if not elected,
they would have come very near it; as it is
we have no doubt they will run greatly
in advance of their ticket, as hundreds
will not give their vote for James Fl. Lane,
as every one does who votes for the candi-
dates, nominated at his especial instance,
on the Republican ticket, and pledged to
sustain and vote for making him United
States Senator.
The Kansas herald of freedom., 1859-12-03
Democratic Convention.

The Delegates of the Democracy ofthe
Eighth Representative District, comprised
of the counties of Wyandott, johnson
and Douglas, under the Wyandott Consti-
tuition, convened at Lexington, on the
2lst inst, at O'Clock P. NJ, and organ
lied by electing DR.. s. K. Huson, Pres
dent, and VIM. Roy, Esq, Secretary.
The committee on credentials were H.
Petriken, L. Shaw and A. Smith Deven-
ney, who, after brief absence, reported
the apportionment as follows:
Douglas county-sixteen; Wyandoit
county-twelve /; johnson couuty-nine-
teen.
The following delegates were in attend
arce
Wysndott county-Dr. G. B. Wood
and w. L. McMath.
Douglas county-S. X. Huson, Henry
Petriken, L. Shaw, S. o. Hemenway,
and =. Doyle.
johnson county-Wm. Roy, Jas. H.
Nounan, P. Cosgrove, L. Cornwell, Col.
Payne, w. Christeson, =. Tayler, John
Hamilton, and others whose names are
not remembered.
On motion, it was
Reso1ued, That the Delegates present
be allowed to cast the full vote Of their
respective counties.
The Convention then proceeded to
nominate Senators.
DR.. S. K. Huson, s. c. Hemingway, A.
Smith Devenney and Geo. w. Veale,
having received all the votes cast, were
declared duly nominated.
The Convention then proceeded to nom-
mate Representatives.
John Trolley, L. s. Shaw, L. A. Pra-
ther, E. Merwin, 6. Sprague, A. Payne,
Jas. II. Nounan, J. N. Nelson, O. Green,
j. B. Welborn, w. L. McMatb, Geo. B.
Wood and j. R. Parr, were declared du-
ly nominated.
On motion, the nominations made were
unanimously confirmed.
On motion, it was resolved that the pro-
ceedings of this Convention be published
in all of the Democratic papers of the
District, and that the HERALD OF FREE-
DOM be requested to publish the same.
The Kansas herald of freedom., 1859-12-03
For Tie Herald of Freedom
Letter from Mr.. Pierau.
FRANKLIN, Nov. 21st, 1859

FRANKLIN, Nov. 21st, 1859.
EDITOR HERALD 'oF FREEDOM Dear
Sir Il see fzzle in your paper of last
week, in which the writer undertakes to
make it appear that I am in rather bad
box. Now, sir, the writer Of that article
knows well enough that never have pre-
tended to be politician, nor have ever
aspired to any Office, but was present at
the caucus in Franklin of which he speaks,
and did object to my name being used,
but said that if the people would elect
me, that l would serve them to the best
of my ability, for am no partisan. But
if ever fill an office, it will be for the
good ofmy country, and not to serve the
aims and ends of any party. Further,
when Mr.. Geo. Reynolds informed me Of
my nomination, l did object, and gave
him my reason, which was this, that they
had done it without my consent, or the
knowledge of my neighbors. As for
Thacher, Williams & Co. ever offering me-
the Probate Judgeship, or any other Of
fee, it is as false as the Devil was when
he deceived Eve, for there never was a
word in the world between either of the
Thachers and myself on political affairs
but the writer of that article only wants
me out of the way, to make room for
himself.
Oh, IA Friend of Right" thou that
seekest an office and findeth none, but all
thy neighbors are taken before thee, and
thou only art left alone, to cape it out in
anxious depravity and when thy Bu-
chanan friends promise thee little Office,
thy neighbors will not give it thee. All,
there's the trouble. Mr.. C.'s compass may
be all right, but he has been running by
false chart, and has missed the corner
"a friend of Right" did he say? Rather
friend of might, for he that will obey
the winks and mods of the Pro-slavery
party for little Office, is surely friend
of might, for he would have Old Buck
rule us with rod OF iron. Oh, Friend
of Right, thou canst try it again if you
please, but never expected to fight so
cowardly an enemy; but 1 consider the
source from whence it came, like the lit
tie boy, whom the jackass kicked. Now,
if these friends Of right, Judas and Gam
aliel, can do no better, they had better
give it up.
May our country ever be green with
prosperity, and clear of liars.
JOHN PIERATT.
The Kansas herald of freedom., 1859-12-03

tors Guide" for many years President
Judge Of the twelfth judicial circuit, and
more recently one Of the Judges of the
Supreme Court of 0hio-a RepuGicon
from prinaple-ya, because hedid not bo1 to
PARTY DRILL, he tcas deposed from the bench
This fact shows that Republican Judges
are not to be left free to decide according
to the principles of law, but must conform
their decisions to the dictates of partisan
conventions. The class of Judges of the
olden time-the stern, inhexible, impair
tial men, who could neither be caioled nor
driven, by parties or Legislatures, from
adherence to natural right and fundamep-
tai law-are fast passing away. The Of
fee once conferred on the highest judicial
talent, is now the price of party services,
given to those who can be best relied on
to sustain the fayorite measures of their
respective parties. But base and degrad-
ing as is the party estimate of what a
Judge should be, S. o. Thacher has found
lower depth of subserviency and fawn-
ing sycophancy to which he would pros
titute the judiciary of the future State of
Kansas. To vote for him, is to indorse
his idea of an imbecile judiciary, is to pay
premium to ignorance of the principles
of natural and constitutional law, and to q
shameless betrayal of the rights of the
people of the Fourth District. If just
to themselves, the freemen of Kansas
will spurn the force of party drill, and
repudiate the author of SO degrading and
Infamous theory of the sphere and dn-
ties of the judiciary.
The Kansas herald of freedom., 1859-12-03
faCnniernntihln ..

The Judicial candidate who edits the
Lawrence Republican, is so much in need
of every kind of aid, the other day, he
strained very hard to drag into an article
an announcement" that he twas Mason. /"
Having scarcely risen higher than an
Entered Apprentice, he feared the frater-
nifty would be unaware of his connection
with it, unless he prefaced his reproof Of
the Lsavenworth Herald with the words:
ave speak as Mason." There is this
difference in the two cases-the Herald
replied to an electioneering argument
against Judge HALDERMAN, while s. O.
Thdcher made the announcement. for
HIMSELF. OF course We are not alone
when We say this unworthy attempt OF
TEACHERS ito debase renowned and time
honored institution in such manner, will
meet with universal scorn and contempt
by every true Mason. The Order don't
pretend to have anything to do with poll
tics in any shape whatever, and its men,
bers will earnestly resist any attempt to
enlist it in such matters" politicians, !"
like I'hdehey, "would do well to heed
this"
Fortunately, Mr.. CHRISTIANS standing
as lawyer and as aman, does not require
him to stoop to such pitiful electionserins
lodges as this of the Republican candi-
date for Judge.
The Kansas herald of freedom., 1859-12-03

chattels, which he had previously, by
deed or writing, sold, conveyed, mort
gagged or assured, or covenanted to convey or
assure to any other person, such first deed
being outstanding and in force, and shall
not, in such second deed or writing, recite
or describe such former deed or whiting,
or the substance thereof, with intept to
defraud, and every person tc'So shall knoto-
ingly TAKE OR RECEIVE such second deed or
tCTiting, shall, on conviction, be adjudged
guilty Of nlisdemeanor."
From this, it will be seen that Mr..
zhacher, for knowingly receiving such
second writing" has already subjected
himself to our criminal laws and their
penalty.
Judge WALKER, in the first edition of
his Introduction to American Law"
says:
"Beware of the successful pettjogger,
who pros0ls in Courts of law for human
prey. Such men are the most detestaHe
of their species, THEIR VERY KNOWLEDGE Is
KNAvERY"
Can Scion o. 1haeHer, with his past
history before him, with an attempt to
defraud neighbor by taking advantage
of technicslity, can he ever hope to oc-
cupy that exalted position SO eloquently
described by the author of the above ex-
tract, when he says:
"We follow the successful lawyer, from
the bar to the bench. The counsellor has
at last become the judge. The topmost
round of the ladder is now reached. And
here all the high qualities of his nature
are called into exercise. The sagacity
which cannot be misled by sophistry 1.-THE
integrity which nothing can shake or JriJe !;
the stern impartiality, which forgets the
parties and looks only at the cause the
dignifed courtesy, which rebukes levity,
while it wins respect; these are the quail
ties wittout a0hich all the learning of Coke
aCould not make tUOrthy judge, and which
nowhere shine SO conspicuously as from
the bench. Of the power which belongs
to the judicial Office, Of the all-pervading
influence exerted by Mansfield or a
Marshall, for example, need not here
speak. Such men live in their decisions,
through all coming time for these de-
cisions go to swell the great aggregate of
common law, and thus determine the
rights of generations yet unborn"
Reader, do you wish to place your
property, your rights and liberties, yea,
LIFE itself, at the disposal of this man
s. O. Thacher, who proposes to step from
his present disgraced position as lawyer
to the bench, where, as Judge, in one of
the most populous districts of the new
State, he will decide questions of law
which will serve as precedents so long as
our government endnres 7? We sincerely
hope not. The mllainous lawyer will
make an unjust judge. To defeat him
we hope the people will discard party, and
party nominations, obtained, in 1hacher's
case, By political trickery, and vote for an
HONEST MAN, gentleman and sound law
yer, JAMES CHRISTIAN, the independent
candidate, who occupies his present posi-
tion before the public, not by the scheming
of wiry politicians, but through the So
licitation of gentlemen of all parties, who
knew him, and knew that their own
rights and those of their children would
be safe in his keeping.
The Kansas herald of freedom., 1859-12-03
Always Wrong,


In the winter of 1878, soon after the
election against the Lecompton Constitu-
tion and officers under it, III. f. CONWAY,
now candidate for Congress under the
Wyandott Constitution, paid us business
visit, at our residence, and solicited our
influence in his favor for seat in Con-
gress. We stated to him distinctly that
he could not have our support that his
whole history in Kansas since 1856 had
been bad; that he had done all in his
power to prevent the Free State party
from getting possession of the Territorial
government; that he had labored public.
ly and privately in that direction that
he had chung to the Topeka Constitution
and organization long after there was any
hope under it, and still was struggling to
make it reality, Notwithstanding the
reasons had passed away which impelled
its first movers to frame that Constitution;
that he had exerted himself to the fullest
extent to defeat the election of Free State
men under the Lecompton Constitution !;
that, in short, he had been "Do-Noth-
ing" and while others had been contrib
uting their time and money to accomplish
something practical for the Free State
party, and advancement of the cause, he
had been everywhere and at all times op-
posing them.
Since then we find him engaged in the
silly movement of framing the Leaven-
worth Constitution. which has cost the
people of Kansas over ten thousand dol
lars, to be paid in the shape of taxes
With the exception of a certain letter
which he wrote to Coy. REEDER, at Paw
nee, the substance of which was advised
and pressed upon him by others, we find
but very little in his history, in connec-
ton with Kansas affairs, which we can
compliment. Still, as he was the nomi-
nee of the Republican party, we had de-
termined to give him our support, more
particularly when we considered that he
was right on the great question of slavery,
and was understood to occupy grounds in
common with us on that question. Had
Mr.. CONWAY favored black law legislation,
the exclusion of any portion of the Amer
ican population from Kansas because of
the color of his skin, then, taken in con-
nection with his other faults, we should
have felt disposed to oppose him. Now
we do not feel disposed to do SO, and yet
late events have transpired which induces
us to withhold from him our vote. These
are alluded to elsewhere.
The Kansas herald of freedom., 1859-12-03

OF We are pleased to learn that the
Board of County Commissioners have
established an election precinct at Frank
lin, in this county, and have provided fol
the opening of polls there on Tuesday
next, at such place as will be most con-
venient to the citizens. The voters will
elect their own judges. We furnish this
item at the instance of the Clerk of the
Board of Supervisors, and for the benefit
of our friends at Franklin.
The Kansas herald of freedom., 1859-12-03

or Can anything be more truthful than
the following, copied from the Cosmcpoli-
tan Art journal, very meritorious publi-
cation, by the way:
A man or woman who lives pure life,
whose virtue and benevolence are in the
HEART, rather than on the tongue, who has
the truestappreciation of truth. and acts it
out, is least heard Of, least sought after,
and. dying, least mourned over by the
public and the press.
The Kansas herald of freedom., 1859-12-03
Freedom Of the Public Lands.
LAWRENCE. Kansas. Nov. 25. Is,

LAWRENCE, Kansas, Nov. 70. '59.
Pursuant to a published call, mass
meeting was held to-day in this city, the
object of which was to make demonstra-
tiou in favor Of the passage by Congress
of the Homestead Bill.
On motion, Gen. s. G. Pomeroy was
called to the chair and Joseph Gardner
was appointed Secretary.
After an argumentative speech by the
Chair, on motion a committee of three,
viz: Joseph Gardner, Charles Ingersoll
and r. G. Elliott, was appointed TO pro-
cure the printing of Petition to Con-
gress, to circulate the same in Kansas, to
collect, and to forward to our Delegate at
Washington.
As we have no means at our disposal to
carry out the above object, but the volun-
tary efforts of tine friends of this great
national movement, We hereby appeal to
them to lend helping hand, and thereby
enable Us to make demonstration worthy
of so good cause and such people.
On motion, the Secretary was directed
to furnish the Lawrence papers with
copy of the proceedings of this meeting
and that the papers throughout Kansas,
friendly to the movement, be requested
to copy.
S. C. POMERoY, President.
JOSEPH GARDNER, Secretary.
FORM OF PETITION
To the Senate and House Of Representa- tives
of the United States in Congress assem-
bed:-
We, the undersigned, citizens of Kan
sas, respectfully request your honorable
body to pass law to prevent all further
traffic in, and monopoly of the public
lands of the United States, and that they
be laid out in farms and lots of limited
size, for the free and exclusive use of
actual settlers
The Kansas herald of freedom., 1859-12-03
S. C. POMEROY, President.
JOSEPH GARDNER, Secretary.
FORM OF PETITION.
Railroad Convention

There viii be County Convention on
Saturday, 18th of Dec, at 2 P. NJ, at Law
renee, to consult in reference to the rail-
roads which are projected to this point,
and to take measures in furtherance Of
their completion.
The Kansas herald of freedom., 1859-12-03

! or Several Democratic papers are
copying articles from the Leavenworth
Herald and crediting them to the HERALD
or FREEDoM They don't titus, and the
practice should not berepeated.
The Kansas herald of freedom., 1859-12-03
TO Subscribers. .

txl When the term for which Subscribers re-
ceiVing their papers by mail or at the Post-ofice
is out or nearly so, We convey the intelligence BY
cross at the end of their names, like the one
at the commencement of this notice. This will
give all fair. opportunity to know when their
time is up, and serve as an invitation to renew
their subscriptions.
10 Extra copies Of the Herald Of Freedom
put up in wrappers for mailing if desired, can
be had at the Office. Price. Five Cents each.
The Kansas herald of freedom., 1859-12-03
orT The Lsavsnworth Dispatch say. of

@ The Leavenworth Dispatch says Of
the Gold Region:
New towns are springing upupon every
other quarter-section, and one Of the first
acts of the Provisional Government will
be to set apart one quarter out Of every
three for farming purposes. If they do
not, the entire country will be laid off into
town lots.
The Kansas herald of freedom., 1859-12-03

0 Hon. Charles Sumner arrived in
Boston last Tuesday.
The Kansas herald of freedom., 1859-12-03

OF The venerable Washington Irving
died November 9th at Irvington.