davidaulloa/AmericanStories huggingface dataset:
The penny press. [volume] (Cincinnati [Ohio]) 1859-1860, 1859-11-02

WANTED PURCHASERS - For six
w teen building lots, soxl42 feet, situated in the
hOurishipg village Of North Vernon, Jennings
m, and l. Railroads, which will sell at Auction,
without reserve, on SATURDAY, the 9th inst
months. M. A, REMLEY noIhs
The penny press. [volume] (Cincinnati [Ohio]) 1859-1860, 1859-11-02

abolition of the Criminal Court, and the
transfer Of its unfinished business to the Court
Of Common Pleas; and, second, to confer
upon the last-named Court the requisite ju-
risdiotion, not only to try and determine such
unfinished business, but in the future to ex-
ercise the same powers in criminal cases, as
were exercised by the same Court in other
counties of the State. Now supposing the
irst Of these objects to have failed, what pos
sible effect could that have upon the lastY No
constitutional impedment existed, effecting
the last by an ordinary act Of legislation, and
If il had stood alone, no one would have
doubted that it had been effectually accom-
plished. But no principle Is better settled or
supported by stronger reasons than that
which gives effect to the valid parts Of an
enactment, when capable Of separation, al
though other parts Of the same law may be
invalid, by reason Of their repugnsncy to .
constitutional provision. This principle has
been several times recognised by this Court,
and il one Of familiar application in the courts
Of our sister States, and Of the Union. It may
be admitted that the motive for restoring this
jurisdiction to the Common Pleas, had It's ORR
gin In the suppoaition that the Criminal Court
was at tho same time, and by the Same act,
abolished. But Il y nov entirely immaterial
what might haze been the inducements that led 10
The enactment, or hoc groaly nItaksn The Gen.
eral Assembly may haue been. So far az Il s
not in conflict ,oih the OOnsitution, Il is law of
The land; and az lato Of the land, ss hare
no discretion to refuse ih enforcement" Is
Ohio Stat, 355) We are, therefore, Of tho
opinion that the fifth section af tho Police
Act is constitutional, and that, therefore, tho
office of City Marshal Is abolished.
With the policy Of this Police Act, we, a. o
Court, have nothing whatever to do. II Il no
part Of the dutyIof a judge to commend or
condemn tho law he administers. Like SOL
dier, his only duty is obedience, implicit obe-
dience to his great mastsr-ths Law.
The demurrer to defendants plea must bs
sustained,
The Kansas herald of freedom. [volume] (Wakarusa, Kan. Territory) 1854-1860, 1859-01-29
Sets mp an AHbi.

We stated last week that John A. Muir
nh, the "Grcat Western Land Pirate, ;.
when contemplating some daring villainy,
was in the habit of preaching, SO as to
make favorable impression on those he
was about to rob, and give him better
opportunity to practice his crimes. We
felt, when penning that sentence, that
Aontgon,erys visit to Lawrence had in
Wow still greater outrages, and he only
came here to get up sympathy in his be-
half, and enlist new recruits in his 'jay-
hawking" expeditions. By an article else
where it seems the contemplated blow has
been struck, but with disastrous conse
quences to the marauding party. Mont
gomery's organ triumphantly rejoices that
its principal was in Lawrence at that time,
hence was not answerable for the conse-
quences Of that contest. Suppose it is true
that on the very night of that occurrence
Montgomery was standing in the desk of
the Congregational Church of this city,
his hand upon the bible, and the masses
were applauding him, as few men have
been applauded, while detailing his uu-
merous crimes-that only proves his men
are not as successful in their plundering
expeditions when not headed by their
daring leader" as they are when he is
directing their movements.
The Kansas herald of freedom. [volume] (Wakarusa, Kan. Territory) 1854-1860, 1859-01-29
Ths s,.,smsp,. corDroDora,sd

Gov. DENVER writes from ,Wssbinsfsn,
Judge WRIeHr, "a III early friend of
Montgomery, writes from Quindaro, and
Secretary WALSH publishes certified
copy of the agreement made By Gov.
DENVER with the people of Fort Scott
and vicinity, all of which statements
agree in representing that past difficult
ties in Linn and Bourbon counties were
to be submitted to Grand Jury, and
disposed of according to law, in place of
those Illegal and revolutionary means in
augurated by Montgomery and his pirat-
ical followers.
Yet in the face of all those facts, Mont
gomery, in his organ last week. had the
effrontery to get rp that part of the con-
tract made at Fort Scott had been sup
pressed, and that it was especially agreed
that "by-gone should be by-gones," and
that no prosecutions were to follow for
any past offences. Here were Hamilton,
Brocket and Clark, charged with the
greatest of crimes! Who believes that
Montgomery, OF any other Free State
men would have allowed a contract Of
this character, "a criminal act Of itself, to
compound felony,) to have been entered
into And who believes that Gov. DEN
YER was so ignorant of law, or Of his duties
as an executive officer, as to have entered
into such an arrangement We do not,
neither will any honest man believe it,
Were other proofs wanting, this, of itself
should satisfy the public that there was
something radically wrong with Mont
gomery and his party. The bare fact that
they were not willing to be tried by a Jury
of their own countrymen, all of whom
are Free State men, shows that they were
afraid they would get justice.
The Kansas herald of freedom. [volume] (Wakarusa, Kan. Territory) 1854-1860, 1859-01-29
FallaCious.

We do not believe the practical effects
of publishing the laws in all the leading"
newspapers Of Kansas would give salts
faction to the people. The object of the
bill, introduced into the Legislature, was
evidently to build up certain newspapers
in the Territory at the expense of the
people. Our taxes are high enough now.
Better vote that an edition of ten thous-
and copies of the Laws be printed, and
one be placed in the hands of every tax
payer in Kansas. 1t would be several
times cheaper than to pay each newspa-
per fifty cents per thousand ems for set
ting up those laws, and publishing them
in their respective journals. We are sur
prised that the proposition received so
many supporters, and only base it upon
the fact that they did not engage in an
examination of the cost. One newspaper
each week, filled exclusively with the
Laws, would require three times as long
to publish them as it would to print them
in book form. The cost of putting the
Laws in type for twenty newspapers, at
fifty cents thousand, would amount to
ten dollars for each thousand ems. In the
Laws of the last session there were about
100000 ems.
At the proposed rate, it would cost to
print them, $4,000. We will agree, for
S15. 600 to place copy of the Laws COM
plete, half bound, in the hands of every
legal voter or tax payer in Kansas, with
out requiring him to be a subscriber to our
paper, and will give bonds for the faith
full performance of the contract in one
quarter the time required to print them in
the newspapers of the Territory.
The Kansas herald of freedom. [volume] (Wakarusa, Kan. Territory) 1854-1860, 1859-01-29
Fort Scott News.

We are permitted to publish the fol-
lowing extracts, says the Kansas City
Journal, from letter received by our fell
low citizen, Scion Smith, yesterday morn
ing. Mr.. Drake. the writer, is from Ohio !:
Fort SCOTT, Jan. II, 1859.
FRIEND SMITH have been very busy
since my return, in forming companies to
purify our community We have at this
time three companies here and more FORM
ing elsewhere. 1 have received from the
Governor First Lieutenant's commission
in Company A, Bourbon County Volun-
teers. learn there are at present in Par
is about $50 men already in the field,
who have succeeded in taking six of Mont
gomery's or Browns men, and driving the
rest into their fort on Sugar Creek, Linn
County.
Our numbers are swelling every day,
and / think, ere long, we, will be able to
drive them from the country or make them
swing. ~
The Government has recalled the reg
ular troops. and wants the people to fight
their own battles.
| arrived here safe, and nothing new,
strange or startling has occurred. Good
feeling prevails among the people, and
they seem to be unanimously opposed to
the,bandits in this portion of the country.
Yours, in F. L. and T.,
CT. DRAKE.
The Kansas herald of freedom. [volume] (Wakarusa, Kan. Territory) 1854-1860, 1859-01-29
An Indspendsn, Newspaper.

We have added over two hundred new
subscribers to our subscription list during
the last two weeks, and the cry still is,
"they come" These evidences of the
popularity of the Herald of Freedom with
the masses are conclusive, that the PEOPLE
will sustain a. plain, fearless advocacy of
the Truth. A mere partisan journal will
die out in Kansas, because it is bound to
support party, and all its acts, whether
right or wrong. It caters to every in
fuence, by which it hopes to gain patron
age, and does not hesitate to sustain the
basest of crimes if its political friends are
engaged in them. An independent journal
that dares tell the whole TRUTH, and
thunders at crime in high as well as low
places, is the Peoples FRIEND. As such,
it is always found supporting the right,
independent of the present effect upon it
self, having implicit reliance, finally, in
the triumph of the RIGHT over Wrong,
of INTELLIGENCE over Ignorance, CoSsERv-
ATIsN over EInaticism, TRUTH over Falls
hood, and in the "unbought respect Of free,
right-principled, right hearted MEN"
The Kansas herald of freedom. [volume] (Wakarusa, Kan. Territory) 1854-1860, 1859-01-29
Important Decision.

The Supreme Court of Minnesota have,
we see by the st. Paul Times, decided a
case, Robert Smith VS.. Camp, involving
the question, whether a deed of sale,
executed prior to the issuance of patent
by pre-emptOr of Government lands,
conveying to third party the land pre-
empted by him, was valid instrument,
or whether it was void under the Act of
Congress of 1S4l, which declares, in so
many words, that any assignment or
transfer" of the pre- empted land before
the actual issuance of the patent, shall be
absolutely void. The decision was, that
deed made by a pre-emptor, at any
time after the entry and receipt of his
duplicate certificate from the District Land
Office, is valid deed and conveys the fee
simple to the purchaser.
The Kansas herald of freedom. [volume] (Wakarusa, Kan. Territory) 1854-1860, 1859-01-29

a .
tons for each of said roads having twenty
continuous miles completed as aforesaid,
may be sold, and SO from time to time
until said roads are ""-~r' :.
-.u1plered and If
any OF said. roads are not completed with
in ten years, no further saleshall be made,
hnd the lands uhsold shall revert to the
United States.
SEC 5. And be It further enacted That
the United States mail shall be transport
ed over said roads, under the direction of
the Post Office Department, at such price
as Congress may by law direct Provided,
That until such price is fixed by law, the
Post Master General shall have the power
to determine the same.
SEC 6. 4And Be it further enacted, That,
in case the line or route of any of said
railroads shall pass through any Indian
reservation, it shall be lawful for the COM
pany constructing such railroad to pur-
chase from the Indians to whom such res
ervation belongs, such quantity Of land
for the construction of their road, as the
said tribe may be disposed to sell. But
no purchase or sale shall be valid except
made in accordance with such rules and
regulations as may be prescribed by the
Commissioner of Indian affairs, and such
sale approved by him.
The Kansas herald of freedom. [volume] (Wakarusa, Kan. Territory) 1854-1860, 1859-01-29
Shawnee County.


During the past week Bill has become
a law, removing the County Seat of
Shawnee from Tecumesh to Topeka
The Bill was sprung and hurried through
both Houses without notice, to or suspi-
cion on the part of the people of the
county. By shrewd management and
trickery, two towns voted at the October
election for the County Seat at Topeka,
and three towns cast no votes On the SUBJ
ject, because the voters had no notice of
such an intended election. A strong case
was presented to the Governor to induce
him to veto the Bill, but he declined to
interfere, on the ground that he could not
properly assume the decision of an
issue Of that character, and would not
involve himself in a local controver-
sy. In this he acted properly-leav-
ing the parties to present their case to
the Legislature. On Thursday afternoon,
Mr.. Patrick presented five petitions signed
by nearly FIVE hundred citizens of Shawnee
County, praying that the question of To-
cation of the County Seat may be left to
a popular vote, as the majority of the vo-
tiers were misled and deceived, at the
October election, by Gov. Denver's letter
and the management of few individuals.
Topeka only received 322 votes, out of
LOCO in the County. A fair chance should
be afforded the people to decide the ques
ton understandingly.
The Kansas herald of freedom. [volume] (Wakarusa, Kan. Territory) 1854-1860, 1859-01-29
rsruri,orial Taxes.
LAWRENCE. Jan. Is, 1859.

LAWRENCE, Jan. 70, 1893.
Mr.. EDIToR-S1R II am glad to learn
from the 'fHerqia" that meetings ara BE-
ing held n al parts of the Territory to
denounce our present system Of taxation.
As far as my observation extends, this
enormous, and manifestly unjust taxation,
will do more to drive men from, and de-
ter others from entering the Territory.
than all the fever and ague. small pox,
mad-dcgism and border rufianisrn COM
bined, that we have been cursed with
since the Territory was settled.
know that poor men cannot pay their
taxes. For Instance, my property in this
town cost me over $4,000. Now, if this
should be taxed at the rate Others are tax
ed, my tax would amount to $500, which
sum could not possibly pay, and carry
on my business.
Now, if it be thus difficult for me to
pay this tax, know that multituees of
farmers are as BADLY Of, and literally can
not pay their taxes.
My property, every cent ofwhich l have
worked hard to obtain, and by almost her.
culean efforts saved SO far from ruin, was
advertised for sale at auction, the other
day, to pay its taxes but, luckily, was not
sold. Now, l ask any candid man, if it
is not Border Ruffianism" of the meanest
kind, to pounce upon our property and
sell it from u.s. at such times as these, to
pay takes ?
Is it absolutely necessary to ruin indus
trious, hard working men, in order to put
money into the pockets of loafers and
gentlemen, who never soil their fingers
with hard work from one end of the veal
to the other Would it not be best to
hold grand Territorial Convention to
discuss this subject thoroughly, and see il
some way cannot be devised to "save u:
from our friends, and we will take care oil
our enemies"
Yours, for justice and philanthropy,
C. STEARNS.
The Kansas herald of freedom. [volume] (Wakarusa, Kan. Territory) 1854-1860, 1859-01-29
Lar. frorn wa.hins,on.

Our Washington correspondent. has ior-
warded us the following lstter, which has
been generally circulated among members
of Congress, with the accom- .,v,ue BILL.
alluded to, The plan suggested in the
Bill meets onr, hearty appreciation, and
is thutsand times preferable to the plan
suggested by our Territorial Legislature,
of granting the lands to Kansas, to be APP
propriated by the Legislature for purposes
of internal Improvements. If fund is
wanted to corrupt the Territorial Legis-
lature, then the people wodld oppose this
Sill; but no man who knows the market
able commodity of which Legislatures are
composed have any desire TO see general
corruption fund placed at their disposal.
WASHINGTON, D. c., Jan. II, 1859.
The undersigned, citizens of Kansas,
respectfully solicit the favorable attention
of members of Congress. to Bill now
pending in the House, granting land to
that Territory for the construction Of rail-
roads.
The Bill is similar in its general pro-
visions to the acts granting lands to Iowa
and Minnesota, except that the amount it
proposes to grant is not so large, nor the
aggregate length of roads so great. The
lines indicated in the bill follow the great
| highways of travel, and connect or ap-
proach the most important of the western
forts. They are as follows: First.-A road
from the mouth of the Kansas Valley by
Fort Riley to the northern boundary Of the
Territory in the direction of Fort Bridger.
Seoond-A road from Fort Leavenworth
to the southern boundary, in the direction
Of Fort Gibson, with branch running
south of the Kansas River, to the southern
boundary in the direction of Fort Union.
1hird.-A road from Atchison to Fort
Riley, and thence connecting with The
Fort Union branch of the road from Fort
Leavenworth. Fourth.-A road from
Emporia, in Breckenridge county. down
the Usage Valley to the Missouri State
line, there connecting with the Jefferson
City and Usage Valley Railroad.
The necessity of railroads for the de.
velopment of the resources of Kansas i.
greater than in any State or Territory east
of the Rocky Mountains. 1t is traversed
by no navigable waters, and has but 9
short border on the Missouri River; and
therefore, the central and western district.
will not become thicklS settled and pro.
ductive until railroads be built to connect
them with the markets of the country
A grant of land to aid in the construction
of such railroads will be amply made NJ
to the Government by rendering saleable
large districts which would otherwise re.
main valueless, and by facilitating and
cheapening the transfer of Government
troops and stores, which now are trans
ported across the plains at an enormou:
yearly cost.
We especially urge the passage of tn,
Act at this session, because in July mex
the unsold land in eastern Kansas will b.
opened for private entry, and will fall
chiefly into the hands of non-residen
spectators, thus making future gran
of greatly less value to the Territory.
The Kansas herald of freedom. [volume] (Wakarusa, Kan. Territory) 1854-1860, 1859-01-29
r, DRAKE
az In the selection of Commissione

F In the selection of Commissioners
to audit the claims for losses, it is inpor-
taut that the probabilities of success, as
well as the feelings of partisans and their
schemes for personal aggrandisement, be
considered. II the friends of the sufferers
really wish to accomplish any thing bene-
fetal, they must adoptsuch course as
will relieve themselves and the commits
sion from certain imputations. Nothing
can be more fair-no further concession
be demanded, than the House select one,
the Council one, and the Governor one
member of the commission. Ineffect and
influence the Governors appointee will be
the representative of the Government;
and without some such guarantee the
measure will certainly be discountenanced
or delayed by the United States Senate.
The Kansas herald of freedom. [volume] (Wakarusa, Kan. Territory) 1854-1860, 1859-01-29
Who Liaaf

Augustus Wattles says eleven slaves,
with an OK team, ran away few nights
ago from Missouri, and that "SEITHEs
Brown nor Montgomery had anything
to do with it." While old John Brown
says, through the columns of the same
paper, Laurence Republican. y
"0n Monday night two small compa.
MES were made up to go to Missouri and
forcibly libera.e five slaves together with
other slaves One Of these companies
assumed to direct. We proceeded TO the
place, surrounded the buildings, liberated
the slaves, and also took certain property
to belong to the estate"
We have no comment to offer, except
that we wish to know what the state
ments of such reliable" correspondents
as Mr.. Wattles, aud all other defenders Of
Montgomery, are worth.-Fort Scott Den-
ocrat.
The Kansas herald of freedom. [volume] (Wakarusa, Kan. Territory) 1854-1860, 1859-01-29

Territory, to the purport, substance :,
effect, as follows "This is to certifv :. 40
- p.V'en y claim and been dpl.
awarded thereon, the sum of--dolla.
under the provisions of (this Act). AZ
the Territory of Kansas hereby prOmi,'.
to provide for the payment Of the san.
with six per cent. per annum interest !,
five years from this date, unless COpg,.I,
shall before that time make an approDT'
ton for the payment of the claims spec;
ied'in and proven under said Actn
SIC. IL, That it shall be the duty =,
the Constitutional Convention, hereans.
to be assembled, to make suitable pro
vision for securing the redemption an
payment of said certificates by Congre.'
in land or money, by incorporating in h.
Ordinance to be submitted, an article !
proviso 10 that effect, or such other pro
vision, as may be deemed advisable.
SEC, u. This Act shall take effect in
mediately.
The Kansas herald of freedom. [volume] (Wakarusa, Kan. Territory) 1854-1860, 1859-01-29
Troubles in Southern Kansas,

A great deal of bad breath has been
wasted on ''the Free State outrages" in
Southern Kansas, and upon old John
Brown and Capt. Montgomery as leaders
therein. The troubles amount to nothing.
A few Pro-slavery villains have been set
tied with. John Brown has left the Ter
ritory. and Governor Neclary acknowledges
that Montgomery has done nothing iorong.
The tempest in the teapot will now prob
ably subside. We are indifferent, how
ever, as to whether it does or not.-LeaU-
en,OOrth Weekly Times.
We publish the above, to show our
readers how Kansas newspaper can he
The Kansas herald of freedom. [volume] (Wakarusa, Kan. Territory) 1854-1860, 1859-01-29

Of A Bill before the Legislature pro-
poses to make all married persons, of
whatever age, virtually twenty-one years
of age. The same question is pending in
the Legislature of Missouri. Mr.. McFerran
expressed the whole thing when he said:-
Members wish to connect their names
with bills, and show their constituents
that they are doing something"
The Kansas herald of freedom. [volume] (Wakarusa, Kan. Territory) 1854-1860, 1859-01-29
LAWRENCE. K II Ian. 25 1889

Ed. HERALD OF FREEDOM Permit
me to say to the people of Lawrence, K.
T., that on or before the first day of March
next, | shall resign the Office of Justice
of the Peace. I make this announcement
thus early, that the people may have time
to select suitable person to fill the va
cancy, which, have no doubt, they will
be able to do, as the Office is worth at
least $500 per year. Yours
S. Y. WOOD.
The Kansas herald of freedom. [volume] (Wakarusa, Kan. Territory) 1854-1860, 1859-01-29

pMr. CLARK of Leavenworth, deserves
remembrance for his services in behalf of
the Kansas sufferers. He has treated the
claimants with marked courtesy and used
his efforts to secure proper recognition
of their claims, by the Introduction of the
Bill now pending in the House. and, with
an amendment before the Council. Mr..
G.. az gentleman, and Legislator, re-
fleets honor upon his constituents.
The Kansas herald of freedom. [volume] (Wakarusa, Kan. Territory) 1854-1860, 1859-01-29

or OLDHAM & FAxoS insert their
card among our new advertisements this
week. They are two Of our most reliable
business men, always prompt in their st
tendance upon customers, and always
well stocked with fresh meat, and the va
rious articles in their line. The public
will of course extend to this firm their
patronage as in the past only consider
ably increased.
The Kansas herald of freedom. [volume] (Wakarusa, Kan. Territory) 1854-1860, 1859-01-29

Or 1t is not true. as has been asserted.
that delegation of Indians from the Del
aware tribe, has gone to Washington to
negotiate another treaty with the Govern
msnI On the contrary. the party which has
recently gone forward. have set out on pri-
vate business of their own, and no way
connected with the general interests of
the tribe.
The Kansas herald of freedom. [volume] (Wakarusa, Kan. Territory) 1854-1860, 1859-01-29
To Subscribers.

~ When the term for which Subscribers re-
SEWING their papers by mail or at the Post-ofice
IL oEt or nearly so, convey the intel gene By
q sross at the end If their names like the one
a. the commencement Of this notice. This will
give all fair opportunity to knew when the
tian Is no. and serve an invitation TO renew
their subscriptions.
y Ezra copies Of the Herald If Freedom
put up in wrappers for mailing, if desired, can