The Kansas herald of freedom., 1859-09-10
On, THAR Eisuant

Jupiter sometimes NOUS, 60 oto IfcSf-
dent Winchsll, when he charged the HER
AID OF FRxEDoM with no regard to fdel-
ity to fact. The immaculate editors of
the Lawrence Rspa5lican come to his res
cue, and attempt to mingle in the contest.
Is Mr.. Winchell in the special care of that
organ. that they step forward as his cham
pions They assert that "the word prose
cution' in law refers to only criminal mat
tiers, and no one at all conyersant with the
English language would make the eyre
gious blunder of confounding it with civil
suits.s
The Kansas Code of Civil Procedure
defines an faction" to be ian ordinary pro-
ceeding in court of justice, by which a
party prosecutes another party, for the en-
forcement or protection of right, the re-
dress or prosecution of wrong. or the
punishment of public offense."
Actions are divided into civil and Grim
inal, which are thus defined
Sec. Z. A criminal action is one pros
ecuted by the Territory, as party, against
person charged with public offense, for
the punishment thereof
"Sec. z. Every other is civil action.
"Sec. 8. Where the violation of a right
admits of both civil and criminal reme-
dy, the right to prosecute the one is not
merged in the other"
prosecute" is used in reference to civil
suits as well as criminal, and it follows
that prosecutions" may be used as legit-
imately in respect to one as to the other.
If the Code Commissioners have shown
themselves not "at all conversant with the
kEnglish language" they will, no doubt,
thank the savans of the Republican for
pointing out to them that they have hap
pened to snake fools of themselves"
Webster defines prosecute thus:
az. To seek to obtain by legal process;
as to prosecute right in court of law.
"3. To accuse of some crime or breach
of law, or to pursue for redress or punish
ment, before legal tribunal; as to prose-
cute man for trespass or for riot. 1t
is applied to civil suits for damages as well
as to criminal suits, but not to suits fol-
/ debt. We never say man prosecutes an
other on a bond or note, or in assumpsit
but be prosecates his right or claim in an
action of debt, detinue, trover or assump.
sit So>we say a man prosecutes another
for assault and battery, for libel, or fol
slander. or for breaking his close. In these
cases, prosecute signifies to begin and con
tinue a suit.n
Such being Webster's definition of pres
ecute he legitimately defines prosecution tc
mean
"2. The institution and carrying on o.
5 a suit in court of law or equity, to OBJ.
tain some right, or to redress or punish
= some wrong. The prosecution of claim
in chancery is very expensive. Malicious
prosecutions subject the offender to pun
1 ishment.
s "3. The institution or commencement
and continuance Of criminal suit thu
process of exhibiting formal charges
aSdlLsG AL oueuueE, USlOTo le5dl lIiUuL'
al, and pursuing them to final Judgment
Lawrence, perhaps, has great reason Il
be devoutly thankful that the divinity
, student has made the astounding discov
I, cry that Noah Webster was an old fogy
D "not at all conversant with the English
}, language" when he penned such defni
tions, and paved the way for the Legisla
: ture to make fools of themselves !''
Had the editors of the Republican stud
: led Buck less and Webster more thei
: opinions as to the meaning of word
0 would be entitled to more weighty con
= sideration. No one will dispute their in
h innate acquaintance with the language o
e Billingsgate, but when they set themselve
Q up as greater than Webster, in their &C
!. quaintance with the English language
S they win credit for equal ignorance AMI
q impudence.