Herald of Freedom from Lawrence, Kansas • 2

IbrUeOrvll of believe in me. I would not acckw and Solon a Thacher. ftelrld of ffeeSoh). omca at their bands. Be taw under, stood." Lawrence, Nov.

26, 1859. G. W. Bbowm, It is with regret tors' Guide," for many years President Judge of the twelfth judicial circuit, and more recently one of the Judges of the Supreme Court of Ohio a Republican chattels, which he had previously, by deed or writing, sold, conveyed, mortgaged or assured, or covenanted to convey or assure to any other person, such first deed being outstanding and in force, and shall What a Jndge Should Be. S.

O. Thacher, in his paper of the 24th submits "a few remarks touching the office" of Judge, in which he controverts points in Mr. Christian's circular. CM. W.

IB9WH, Editor. from principle yet, because he did not bow to I notice the violently partisan and untruthful attacks made by Republican editors upon Judge Halderman. This at not, in such second deed or writing, recite or describe such former deed or writing, In reply to the statement that "The Ju or the substance thereof, with intfjpt toltliciary is the safeguard of the people fc i rV-Hrl LAWRENCE. KANSAS. tempt to fasten upon him an indorsement of the border-ruffian outrages and usur against hasty, ill-advised, or corrupt legi pations is notoriously untrue, as every old Kansas is well aware.

We, at least, can IATUEDAT MORNING, DEC. 3, 1859. TERMS SS.SO FBB AaTNCM.IN ABVANCE afford to be just to our opponents, and it was a gratification to me to see in your While, as a Republican, I wish the triumph of Republican principles, I shall labor to secure that end by the defeat of Republican trickster. Still less can I 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 a blow at Gov.

Robinson and Thos. Ewino, 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, which lam sat isW will be carried into tfect at aS events, as an additional evidence that Lane and Conway are not to be trusted as rasa of principle as embodiments of oar pHtj cal faith. As a Free State Democrat, who has done good service for the cause of free. columns a short time since, a letter from a Leavenworth Republican, which I can saall th Pre the a 1 rf malatala kr party, aad a bribed by mmlm PU4m4 bat t.

Trath, t. Liberty Law, Ha Fararawarse. aad ae Pear shall awe. heartily indorse as true in respect to the past career and personal character of the Democratic nominee for Congress. That Mr.

Conway has done some to freedom, is no reason that we should deny to Judge Halderman any credit for his services, or overlook the Ta Sabacrtbera. (X) Wkea the term for which subscriber re-cVi'inc their paper by Bail or at the Pot-oBee is out or nearly so, we convey the intelligence by ft eroes at the end of their names, like the one at the commencement of this notice. This will fire all ft fair opportunity to know when their time is up, and serve as an invitation to renew their subscriptions. TO9 Extra espies of the Herald of Freedom pat ftp in wrappers for if desired, eaa be had at the Office. Priee.

Fi ve Cent each. faults of the former, which have been and still are stumbling-blocks iu the progress An offense at common law, known as champerty, was considered a very disgraceful one, and when proven upon so attorney, was sufficient to silence him in Court Blackatone defines it "A bargain with a 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 signifies the purchasing of a suit, or right of suing a practise so much abhorred by law, that it is one main reason why a chose iu action, or thing of which one hath the right, but not the possession, is not assignable at common law because no man should purchase any pretence to sue in another's right. These pests of civil society, who are perpetually endeavoring to disturb the repose of their neighbors, and officiously interfering in other men's quarrels, even at the expense of their own fortunes, were severely animadverted on by the Roman law, and were punished by the forfeiture of a third part of their goods and perpetual INFAMY." Similar restrictive laws have been passed in the several States against this offense. "In New York it is a misdemeanor knowingly to take a 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." Solon 0.

lhacher claims to have been a lawyer in New York. If so, be was not ignorant of that principle of the common law, nor of the statute law of New York, neither was he ignorant of those principles 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 fully appear by an article elsewhere, headed "A Villainous Lawyer will make an Un Foot SoL Miller. Our erratic friend, the editor of the Kansas Chief, has been heretofore a welcome co-laborer in the Free State ranks. He left us, however, at the organization of the Republican party in Kansas, and joined that organization, though it is questionable whether his object was not to gain a standing which would render his assaults upon the measures and candidates of that party more effective. His assault upon the members of the Wyandott Constitutional Convention, in which he characterized their apportionment as more infamous than that of the Lecompton Constitution, undoubtedly owed much of its force to the fact that it was made by a professedly Republican journal.

No doubt, in the opinion of Mr. Winchell and the Thachers, Sol. Miller joined the Republican party to give point to his calumnious assaults. We indorsed the State ticket nominated at Topeka. instigated by what lurking demon of Democracy we are unable to divine, signified his dissent from a portion of the ticket Still worse, in his issue of Nov.

17th, he, with the most perfect sang froid, says "We were honored, the other day, by a visit from Judge Halderman, the Democratic candidate for Congress." "Honored Certainly you have been long enough iu the Republican camp to know that the ultra Republicans would write that word "disgraced." Very suspicious, on your part. For you actually praise him, as "a very clever, genteel and agreeable young man, (and sensible, too, as was evidenced by his subscribing for tho Chief,) and decidedly the best looking fellow we have seen in Kansas." Sol's standing is gone in the ranks of "ye faithful" He has failed to denounce Halderman as the embodiment of all the villainies ever perpetrated in Kansas, and the catspaw of the slave-trade Democracy. He has evidently "fallen from grace" "sold out to the Democracy" for the paltry sum of two dollars He even condescends to correct an erroneous charge he made a short time ago against Halderman. This is an unpardonable crime in the orthodox Republican ranks, and shows how deeply he has fallen. Poor Sol not a morsel of public printing will ever be vouchsafed you for thus violating the Republican code of editorial tactics.

We cannot follow your lead into the camp of the Democracy, and in sorrow rather than anger, once more part company. FOR PRESIDENT IS 1Q. SALMON P. CHASE, Of Ohio. FOR VICE PRESIDENT, NATHANIEL P.

BANKS, Of Massachusetts. Subject to the decision of the Republican National Convention. party drill, he was 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, inflexible, impartial men, who could neither be cajoled nor driven, by parties or Legislatures, from adherence to natural right and fundamental law are fast passing away.

The office 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 favorite measures of their respective parties. But base and degrading as is the party estimate of what a Judge should be, S. O. Thacher has fonnd a lower depth of subserviency and fawning sycophancy to which he would prostitute the judiciary of the future State of Kansas. To vote for him, is to indorse his idea of an imbecile judiciary, is to pay a premium to ignorance of the principles of natural and constitutional law, and to a shameless betrayal of the rights of the people of the Fourth District.

If just to themselves, the freemen of Kansas will spurn the force ef party drill, and repudiate the author of so degrading and infamous a theory of the sphere and duties of the judiciary. Always Wrong. In the winter of 1857-8, soon after the election against the Lecompton Constitution and officers under it, M. F. Conway, now a candidate for Congress under the Wyandott Constitution, paid us a business visit, at our residence, and solicited our influence in his favor for a seat in Congress.

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 publicly and privately in that direction that he had clung to the Topeka Constitution and organization long after there was any hope under it, and still was struggling to make it a reality, notwithstanding the reasons had passed away which impelled its first movers to frame that Constitution; that be 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 a "Do-Nothing," and while others had been contributing their time and money to accomplish something practical for the Free State party, aud advancement of the cause, he had been everywhere and at all times opposing them. aeiraua, ana every person woo man anew ingly take OR receive such second deed or uniting, shall, on conviction, be adjudged guilty of a From this, it will be seen that Mr. Thacher, for "knowingly receiving such second writing," has already subjected himself to our criminal laws and their penalty. Judge Walkkb, in the first edition of his Introduction to American Law," says "Beware of the snccessful pettifogger, who prowls in Courts of Law for human prey. Such men are the most detestable of their species, their very knowledge is KNAVERY." Csn Solon 0.

Thacher, with his past history before him, with an attempt to defraud a neighbor by taking advantage of a technicality, can he ever hope to occupy that exalted position so eloquently described by the author of the above extract, 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 the integrity which nothing can shake or bribe the stern impartiality, which forgets the parties and looks only at the cause the dignified courtesy, which rebukes levity, while it wins respect these are the qualities without which all the learning of a Coke would not males a worthy 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 a Mansfield or a Marshall, for example, I need not here speak. Such men live in their decisions, through all coming time for these decisions 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, Line itself, at the disposal of this man S. 0. Thacher, who proposes to step from his present disgraced position as a lawyer to the bench, where, as a 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 We sincerely hope not. The villainous lawyer will make an unjust judge.

To defeat him we hope the people will discard pat ty, and party nominationsofcamerf, in Thacher' case, by political trickery, and vote for an honest man, a gentleman and sound lawyer, James Christian, the independent candidate, who occupies his present position before the public, not by the scheming of wiry politicians, but through the solicitation 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. lation," he says "I believe this statement to be fundamentally wrong. To it I cannot for a moment assent. It at once raises the Judge above the Legislature and the people, and frees him from all the restraints and demands of law." Mr Thacher's idea of law seems to be limited entirely to statute law, ignoring wholly natural law, and constitutional law, which have heretofore been admitted to be supreme over statutory enactments. He forgets that the judicial oath of office requires the Judge to sustain the constitution, and enforce all constitutional laws.

It has heretofore been held by the Courts that Legislatures have no legal power to override constitutions, or to deprive men of their natural rights without due process of law, and that any enactment clearly in violation of natural law, or of the State constitution, is void. The old authorities furnish an abundance of references to this effect. But such modern lights as Mr. Thacher reverse the wisdom of the past. "For who," he asks, "is to judge whether 'legislation is ill-advised or hasty The Judiciary, of course.

If, then, a Judge may annul, defeat, or set aside a law because he-deems it hastily framed, it subjects the law-making power to the whim and caprice of Judges instead of be-, ing their ruler ani director" "I can never assent to the idea that a Judge can blot from the statute book a law because he deems it 'ill-advised or hasty An 'ill-advised law' must stand as law until repealed, else we might as well abolish our law-making bodies at once, and place legislative as well as judicial proceedings in the hands of our judges. Herein I am compelled to differ totally with Mr. Christian." The fact that generally the grand fault in "hasty and ill-advised legislation" is that it violates the natural rights of the people, or contravenes the supreme law of the land the constitution is overlooked by Mr. Thaeher. An "ill-advised law" driven through by commercial or political combinations, though unconstitutional, according to Mr.

Thacher, can be interpreted by the judiciary, but not annulled. It must remain in force until repealed. This is a new theory in reference to the powers of the judiciary as contemptible as it is new. Heretofore it has been considered proper for Judges not only to decide what the statutes mean, but whether they conform to the constitution and to the reserved rights of the people. The judiciary has corrected the blunders and errors of Legislatures.

But henceforth, if we agree with Mr. Thacher, every unjust and unconstitutional law must romain in force till repealed. The idea is in keeping with one of the cardinal faults of the Wyandott Constitution its attempt to make the judiciary subservient to the Legislature by its clauses making dom, as a man of honor and politics integrity, I respect Judge Haldekmax, and am willing that he should have his jnjt due for his past services to the causa freedom, and for his manly abilities, although I shall withhold say vote from him as well as from Mr. Conway. REPUBLICAN.

Jhr 4 Btrald of rW. Letter from Mr. Pieratt. Franklin, Nov. 21st, 1859.

Editor Herald 'or Freedom Dear Sir I see a fizzle in your paper of last week, in which the writer undertakes to make it appear that I am in rather a bad box. Now, air, the writer of that article knowt well enough that I never have pretended to be a politician, nor have I 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 I would serve them to the beat of my ability, for I am no partisan. Bat if I ever fill an office, it will be for the good of my country, and not to serve the sims snd ends of any party. Farther, when Mr. Geo.

Reynolds informed me of my nomination, I did object, and gave him my reason, which wss this, that they had done it without my consent, or the knowledge of my neighbors. As for Thacher, Williams eV Co. ever offering asa the Probate udgeship, or aay other office, it is as false as the Devil wss 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. "A Friend of Rirht." thou that of our cause.

Conway has been an extremist, often battling against his fellow-laborers more bitterly than against our common foe while Judge Halderman, as a conservative, has done much towards securing the freedom of Kansas. From his position, Conway could do nothing with the Democracy and conservative men of the States, when we needed their help to enable us to overthrow the Lecompton swindle. The extravagant statements of reckless men, sent from Kansas to the East, were scouted as untrue, and such partisan statements were believed only by the Republicans who were in a minority in many of the States. Just after the so-called adoption of the Lecompton Constitution, such men as Judge S. W.

Johnston, H. B. Den man, James Christian, John A. Halderman, Gov. Walker sod Secretary Stanton, took ground against that fraud, and the ballot-box stuffing resorted to to sustain it.

This movement, set on foot the 24th of December, 1857, at Leavenworth, by such men, was the electric shock which awakened the conservative masses of Illinois, Indiana, Ohio and Pennsylvania, to that action which resulted in the overthrow of the Buchanan dynasty in those States. Nor was Judge Halderman content merely with drafting and passing resolutions He contributed money freely to buy and sustain a press iu Kansas, which took open opposition to the Lecompton Constitution. Mr. Conway, all this time, favored a revolutionary movement for the overthrow of the Border-ruffian usurpation, and desired direct conflict with the U. S.

authorities. At a Democratic Territorial Convention, held December 24th, 1857, to take action against the Lecompton Constitution, a committee of seven was appointed on resolutions, which were reported and just Judge," this man Thacher has stepped in and bought a lawsuit, and implicated himself in such a manner as to render himself, under the civil law, subject to perpetual infamy under the common law, to fiue and imprisonment under the State'laws, generally, subject to expulsion from the bar, and other penalties 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 iu which life, liberty and property are involved. Such A Very Wrong Position Martin F. Conway is reported to have a man is unworthy of any position but that ascribed him by the Roman law, to wit "Perpetual Infamy." seekest an office and findeth none, but all thy neighbors are taken before thee, and For the Herald of Freedom, The Death of Fred.

Brown. Osawatomie, Nov. 21st, 1859. A Villainous Lawyer will Make an Unjust Judge. When the Lawrence Association compromised their difficulties, in the spring of 1855, with the occupants of the town site, five Trustees were appointed by the parties who were to receive titles from government, and convey the same to the equitable holders of the town property.

An Indian float was purchased and located upon the town, and the party holding it vested his entire interest under such float to the said Trustees. These Trustees made over to the several parties in interest a quit-claim deed, and added to it a bond, by which they covenanted to make over to the party, their heirs or assigns, such title as they should receive from government. From this title originated all the titles to property in Lawrence, and to this day there is no other. Through these Trustees, Dr. Jno.

P. Wood became vested of certain city interests, which embraced twelve lots, and were numbered from one to two hundred and twenty, and these numbers, by being recorded, with the streets and numbers of the street on which they were located, showed what lots were held by a city interest. For some time after the town was located, and this compromise was effected, single lots were rarely sold, but whole interests were lisposed of, as an interest of twelve lots was only valued at from $250 to $300. It was while matters were in this inchoate condition, Br. Jno.

P. Wood contracted in writing with Moses Scott, (in consideration of $300, which was to be paid when the title to the town property was perfected, and a good and sufficient warranty deed tendered,) and sold to him Interest No. 49. By turning to Jno. P.

Wood's deed from the Trustees of the Lawrence Town Site, and recorded with the Register of Deeds of Lawrence, we find this interest embraced lots No. 57 Massachusetts st. 103 Kentucky 16 151 Kentucky; 148 and 150 285 Indiana 230 and 232 Illinois 186 162 New Jersey. The contract with Wood and Scott was also properly recorded. On the 7th of February, 1856, Mr.

Scott made over quit-claim deed to lot No. 16 Connecticut street, in usual form, to Charles L. Wilber. The latter erected a stone- dwelling on the said premises during the ensuing season, and occupied it until last spring for a residence. Wilber gave a mortgage on said house unanimously adopted by the Convention.

James Christian and John A. Halder said, in a speech at Stockton Hall, in Leavenworth, last Saturday night, that "he knew those who were endeavoring to secure the land grants last winter, were plotting a scheme to get them into their own hands, and swindle the people of Kansas out of any benefits from them." He gave this as a reason why he opposed those land grants last winter for the construction of railroads in Kansas. Gov. Robinson, Thomas Ewino, Marcus J. Parbott, W.

F. M. Arny, John O. Wattles, and several other prominent Since then we find him engaged in the thou only art left alone, to gape it out in anxious depravity and when thy Buchanan friends promise thee a little office, thy neighbors will not give it thee. Ah, there's the trouble.

Mr. compass may be all right, but he has been running by a false chart, and -has missed the corner. "A friend of Right," did he say? Rather a friend of might, for he that will obey the winks and nods of tha Pro-slavery party for a little office, is surely a friend of might, for he would have Old Buck man were members of that committee. In the first resolution, they Resolved, That we utterly repudiate the action or that (Lecompton) Convention, as anti-Democratic; as contrary to the true exposition of the Nebraska-Kansas Act as an infraction of the Constitution of the United States," tfce. Ed.

Herald or Freedom Sir: According to a request in one of your papers, a few weeks since, I will state the facts in relation to the murder of Fred. Brown, as I heard them from Martin White himself. On the 30th of August, '56, 1 was taken with some others, at Osawatomie, and on the road to the camp at Bull Creek, rode some eight or ten miles in company with Martin White and his brother. Some one chancing to pak of tho Joutk of Brown, Martin White told the story as follows: "There were five or six of us on ahead sulymoyement of framing the Leavenworth Constitution which has cost the people of Kansas over ten thousand dollars, to be paid in the shape of taxes With the exception of a cartaiii letter which he wrote toGojvRjtEDKB, at Pawnee, the substance of which was advised andprejsedjupon himbyothers, we find In tha affect tlauuuuc- rule us with a rod of iron. Ob, Friend but verv little in his history, in connec-J citizens of Kansas, were concerned in that movement.

The people of Kansas felt justly indignant at Mr. Conway's inter, ference in that matter. It was a direct thrust at Lawrence, and Lawrence men, and the Chamber of Commerce, of Law of Right, thou canst try it again if you please, but I never expected to fight sa cowardly an enemy but I consider the source from whence it came, like the lit jaeouting, when I saw Fred. Brown in the rence, which had given vitality to this i tle boy, whom the jackass kicked. Now, ing sectionalism, they Resolved, "Nor does this Convention the less deprecate and denounce every invasion of this Territory by persons living outside its limits, with a view of controlling its elections, and out of which invasion have sprung a great many of the disturbances and troubles in the Territory, aud which have led to innumerable and gross frauds, both disreputable to those committing them and at war with the rights and interests of the people of Democratic Nomination.

It will be observed by the proceedings of the Democratic District Convention, held at Olathe, on the 21st that Dr. S. K.Hdbon, of this city, is one of the nominees for Senator under the Wyandott Constitution. The Doctor ieosoof our most substantial citizens, the very popular Postmaster of Lawrence, and a worthy gentleman. 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. Hcbon, A. Smith Devennet and S. O. Heminway.

The other nominees for Senator we are not acquainted with. A portion of their Representative ticket are also very worthy men. We might instance C. S. Shaw, L.

A. Prathkb, E. Merwin and W. L. McMath, Esqs.

The other gentlemen we are not acquainted with, and the salary of the Judges dependent on the caprice of the Legislature. S. 0. Thacher. as one of the active members and leading lawyers in that convention, who controlled his party on almost every question before that body, is responsible for the provisions of that constitution, threaten and interfere with the independence of the judiciary.

He secured their passage, too, with an eye to the post of District Judge, thus preparing, beforehand, the legislative collar which he expected to wear. The constitution is odious enougli of itself; but with Mr. Thacher's interpretation of the tion with Kansas affairs, which we can compliment. Still, as he was the nominee of the Republican party, we had determined 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 American population from Kansas because of the color of his skin, then, taken in connection with his other faults, we should if these friends of right, Judas and Gamaliel, can do no better, they had better give it up. May our country ever be green with prosperity, and clear of liars. JOHN PIERATT. road. I knew him at once, but he did not appear to know me.

He asked me where I was from; I said from above, and he inquired the news from Lawrence. I suppose he thought I was a Free State man from Lawrence. I thought he had a pair of boots which were taken from my house when robbed, and I thought be was there. Seeing him put his hand behind him, I thought he was going to draw his revolver, aud I shot him with a shot gun. These were White's own words as near movement.

It was with the hope that Mr. Conway had changed his feelings on this question that many of our people had concluded to sustain him. Though they cannot vote for Mr. opponent. Judge Halderman, yet they will show their disapprobation of Mr.

Conway's conduct in the premises, in trying to justify himself, as it seems he did at Leavenworth, in reflecting on Gov. Robinson In their third resolution they declared that a large number of the votes returned for the Lecompton Constitution on the 21st of Dec, were fraudulent, being cast I can remember, and they were fre- and others, by voting a blank ticket so far by uon-resideuts of the Territory. They We had quently interlarded with oaths. Brown as Congressman is concerned. 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. purposed voting for Mr. Conway until we i ly by the side of the road when the Mis- also "earnestly protested against the admission of Kansas under the Lecompton Constitution," or any other instrument which had not been legally submitted to saw that ungenerous thrust at the other sourians left Osawatomie, and at night nominees on the Republican ticket with was taken up and buried by his friends, OCT The first article we wrote about Old John Brown, was designed to caution cannot speak of them. It is reported that two of the nomiueas were concerned in the perpetration of the Oxford frauds, in the fall of 1857.

If so, no Free State Democrat, or auy body else should vote for them. They were scoundrels of the blackest dye, and deserved death, instead of being honored with a nomination. We a full and fair vote of the people The Delegates of the Democracy of the Eighth Representative District, comprised of the counties of Wyandott, Johnson and Douglas, under the Wyandott Constitution, convened at Lexington, on the 21st inst, at 2 o'clock P. and organized by electing Dr. S.

K. Huson, President, and Wm. Roy, Secretary. The committee on credentials were H. Petriken, L.

Shaw and A. Smith Deven-ney, who, after a brief absence, reported the apportionment as follows Douglas county sixteen Wyandott county twelve Johnson county nineteen. The following delegates were in attend Such was the position of Judge Hal duties of a Judge, it places the natural and constitutional rights of the people at the mercy of partisan legislators for, if the Judges have no right to declare void an unconstitutional law, the province of deciding what the constitution means and what it does not mean, rests wholly with the Legislature. If that body should be composed of a mj trity of pro-slavery men, they could pass statute recognizing and protecting slavery in Kinsas, which, if signed by a pro sHvery Governor, would become a law and remain so "until repealed," if the judiciary tve no more power than If'. Thacher them.

As a Judge he could not deciafa it void, but only interpret it. P.iss in Mich a manner a more brutal slave-code than any Southern State has ronreivud of, and would-be derman such his denunciation of the his father being present It is but Justice to add that Brown did not have on White's boots nor was he present at the attack on White's house. Hoping these facts will be of service to you, I remain, Yours truly, 8. K. BROWN.

Lecompton outrage. M. F. Conway, st himself. There are some things about Conway we like.

We believe him a genuine anti-elavery man from principle, and have no doubt, had he the casting vote, he would enfranchise every person who has sufficient intelligence to qualify him for a voter, and that ho would make no distinction because of color or sex, but this is not enough. We want an honest matt withal! We can't give Mr. C. that time, was bitter in his denunciations hope our report is false in this respect, of and equally bitter in his though we fear not. If all the candidates denunciative of Douglas and the Democ had been gentlemen of the same character with those named above, if not elected.

racy whom he apparently jvjshed to drive Freedom of the Public Lands. Lawrence, Kansas, Nov. 25. '59. Pursuant to a published call, a mass meeting was held to-day in this city, the into uie support oi mar swmaie.

still and lot, to secure the payment of a certain sum of money, but failed to make payment. A suit was instituted, a judgment obtained under it, and the Court ordered a sale of the property to make the money in satisfaction of the debt. It was sold, and was bid in by the party having the judgment. On the 23d day of September last, after the lot was advertised for sale by the Master Commissioner, it seems that SOLON 0. THACHER, wlto is now a candidate for District Judge in tlte Fourth Judicial District, ami hopes to be elected on Tuesday next, learning that there was a slight defect in the conveyance from Dr.

Wood to Mr. Scott, a defect that could deceive no one, nor did not deceive Mr. Thacher, as can be abundantly established by incontrovertible evidence, went to Dr. Wood, and for a trivial consideration procured a quit-claim from him to the said S. O.

Thacher. The latter took possfes- Republicans against canonizing him. But they disregarded our urgent solicitations, and the result, our articles are copied by administration papers far and near. We regret that Republican journalists have made such consummate donkeys of themselves, as to occupy the false position they do. When the Pottawattamie murder reached the public ear, the Free State party, as such, called a convention at Osa-watomie, and denounced it in unmeasured terms.

Republicans should have done the same in respect to the Harper's Ferry tragedy, instead of apologizing for it through their leading journals, if they did not wish to be held responsible for it. more bittrrf was his denunciation of every ee they would have come very near it; as it is we have no doubt they will run greatly iu advance of their ticket, as hundreds i object of which was to make a demonstra credit for this, and hence we shall scratch his name from our ticket next Tuesday, as hundreds of others will, and thus manifest our displeasure of his action and position on those land grants. will not give their vote tat James H. Lane, Judge Thacher stands ready, according to his platform, to enforce it to the bitter end. as every one does who votes for the candidates, nominated at his especial instance, on the Republican ticket, and pledged to sustain and vote for making him a United What matters it that man is robbed of his natural or constitutional rizhts? That Mot True.

The Evansville, Enquirer, has an editorial in which the editor labors to States Senator. question would not come within Thacher's sphere. He only asks that the Shy-lock's bond shall have been duly indorsed Free State man who favored going into an election under that constitution to obtain control of itf ffiV. From that timeVr53fcdgeHALDEBMAN has been an unwaverinDouglas Democrat. Mr.

Conway hssjfled the ultra faction, and to-day advocates the doctrine of Congressional sovereignty over slavery, although the Osawatomie platform, on which his party stands, denies that principle, ew" personally Vge Halderman is rarWVove his competitor. Ho one, who hastsesn the trickster politicians of Kansas at work for tnValt year, can have anr Vmake it appear that Old John Brown fjr Conway said at Leavenworth last tion in favor of the passage by Congress of the Homestead Bill. On motion, Gen. S. C.

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, Joseph Gardner, Charles IngersoU and R. G. Elliott, was appointed to procure the printing of a Petition to Congress, to circulate the same in Kansas, to collect, and to forward to our Delegate st Washington. As we have no means at our disposal to "Contemptible." The udicial candidate who edits the by the Legislature and the Governor.

Lawrence Republican, is so much in need of every kind of aid, the other day, he Yet such a mau, who uublushingly ad siou of the said premises, and has made improvements to the amount of several was for two years an inmate of the Kentucky Penitentiary that be was tried and convicted at Morgansfield, Union for running off slaves, and his term of service to the State expired just before the Presidential election in 1856. "strained very hard to drag into an article an announcement" that he "was a Mason." vertises his willingness to rink himself to the position of a mere echo of the Legislature, attempts to prove that a Judge hundred dollars. Iu the meantime, the Court has confirmed the sale of the lot to Having scarcely risen higher than an who has gained his seat hy the sculdug- That editor is decidedly mistaken in Saturday night, in his speech at Stockton's Hall, that he had been in favor of Gen. Lane for the United States Senate that he was now in favor of him; and when the proper time should come he would strike manly blows in endeavoring to raise him to that position. As an anti-Lane man, we do not feel disposed to add to Mr.

Conway's strength to enable him to wield still more power to place that truly bad man in the United States Senate. It is well known, we suppose, that Mr. C. is Jim Lane's candidate. Let jbCndcnce in Conway's integrity.

A gery of partisan nominating conventions, tho purty having a mortgage but Thacher hopes to sustain his fraudulent title in a suit between himself and the party in Entered Apprentice, he feared the fraternity would be unaware of his connection with it, unless be prefaced his reproof of the Leavenworth Herald with the words: interest, who has acquired his title under Wyandott county Dr. G. B. Wood and W. L.

McMath. Douglas county K. Huson, Henry Petriken, L. Shaw, S. O.

Hemenwsy, and Doyle. Johnson county Wm. Roy, Jas. H. Nounan, P.

Cosgrove, L. Cornwell, Col. Payne, W. Christoson, Tayler, John Hamilton, and others whose names are not remembered. On motion, it wss Resolved, That tha Delegates present be allowed to cast the full vote of their respective counties.

The Convention then proceeded to nominate Senators. Dr. S. K. Huson, 8.

C. Hemingway, A. Smith Devenney and Geo. W. Veale, having received all the votes cast, were declared duly nominated.

The Convention then proceeded to nominate Representatives. John Froley, L. 8. Shaw, I. A.

Prettier, E. Merwin, G. Sprague, Payne, Jas. H. Nounan, J.

N. Nelson, O. Green, J. B. Wei born, W.

McMath, Geo. B. Wood ssd J. R. Parr, were declared duly nominated.

On motion, the nominations made were unanimously confirmed. On motiou.it wss resolved that the proceedings of this Convention be pablshed in all of the Democratic papers of the District, and that the Herald or Freedom be requested to publish the same. a (T The Leavenworth Dispatch aaya of Stnt llnniuk 1 ,1 regard to Old John Brown. The latter I carry out the above object, but the vol un-came to Kansas late in the summer or tary efforts of the friends of this great fall of 1855, was at Pottawattamie in May, i national movt mont, we hereby appeal to and at Black Jack about the first of June, i them to lend a helping hand, and thereby 1856, and at different places in the Ter- enable ns to make a demonstration worthy ritory until a little after the middle of of so good a cause and such a teople. September, when, in company with his On motion, the Secretary was directed We speak as a Mason." There is this imvugu itirci auu tun vuun.

mr. nacicr is a lawyer, tie aspires to the position of a Judge, to decide on difference in the two cases the Herald replied to an electioneering argument against Judge Halderman, while S. O. the most weighty matters in which the will be "more independent than his competitor who makes his integrity and ability the basis of Lis claims for the Judgeship He quotes, iu proof of it, the fact that in New York, Democratic Judges sustained the Metropolitan police bill, although passed by the opposite party. This is commendable iu tLe Democracy, and argues, in spite of the weekly tirades S.

O. Thaeher pens against that party, that there is some political honesty left in its members. A fact, showing that no Lane's friends support him, then we isons, he started for the East, by way of to furnish the Lawrence papers with a public are concerned. If elected, the va- shall not. Thacher made the announcement for HIMSELF.

Of course we are not alone Nebraska. He traveled in the disguise of copy of the proceedings of this meeting rious questions involving noLouly titles to property, but liberty and life will be in when we say this unworthy attempt of his keeping. With such momentous in principle always suners wnen bad men profess to advance by the use of the lowest and meanest political tricks. They thus prove that they have no faith in the principle that they do not believe it but merely wish to use it as a stepping-stone to power. Conway's employment of money to place himself in nomination, is no new thing.

His use of the $1,000 sent to Kansas this summer by the National Republican Committee, was a breach of trust, and proved his faithlessness to principle. To place such a trickster in office, as the representative of Republican principles, is futile he can only represent political cunning, intriguesnd peculation. He will disgrace his constituent as did the corrupt Mattison of New York. How you, Mr. Editor, or any other man, OCT We are pleased to learn that the Board of County Commissioners have established an election precinct at Frank Tha "to debase a renowned and rime-honored institution in such a manner, will terasta at issue, he should come to the post with "clean hands and a pure heart." arid that the papers throughont Kansas, friendly to the movement, be requested to copy.

S. C. POMEROY, President. Joseph Gardner, Secretary. roRM or petition.

To the Senate and House of Representatives of the United States in Congress lin, in this county, and have provided for meet with universal scorn and contempt by every true Mason. The Order don't 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 alludes, was a resident of Henderson, Ky. His sons, whom the editor mentions, are all daughters.

He was convicted in 1855, aud released at the expiration of his term in May, 1857. His family, after his con- i. ii i the opening of polls there on Tuesday the modern ultra Republicanism which be next, at such place as will be most con Formerly it was the custom of the judiciary to wear robes lined with ermine, which was a snowy white, emblematical of purity. Our law books are bound in pretend to have anything to do with politics in any shape whatever, and its mem indorses, is found to OaSo politics. Judge bers will earnestly resist any attempt to We, the undersigned, citizens of Kan white, and their edges are left unstained enlist it in such matters." "Politicians," venient to the citizens.

The voters will elect their own We furnish this item at the instance of the Clerk of the Board of Supervisors, and for the benefit of our friends at Franklin. -j sas. respectfull request your honorable for the same reason. Will the hands of like Thaeher, "would do well to heed vicuon, rtTsu auu rwm.ui tQ preTent gll fnrther this." Solon O. Thacher be spotless, his heart sf Indianapolis, Ind.

He rejoined them traffic iDf nd monopoly of the public pure, his robes of a snowy whiteness, and at that place when his term of imprison- lands of the tinted States, and that they out iu farms and lots of limited mant PYnird So much for that Rror- i he laid i the Gold Region: will hki law books all remain unstained Fortunately, Mr. Christian's standing as a lawyer and as a man, does not require him to stoop to such pitiful electioneering for the free and exclusive use of size, if elected to the post to which he aspires? Swan, of Ohi1, gave a deciaiosi last summer, just before the Republican nominating convention met, it favor of the constitutionality of the fugitive slave law. Because he did this, he ws repudiated by his party and a Igc Gholsan put on the ticket. He sided with his political opponents and was immed at Iv condemned to political decapitation. Although he stood at the head of he legal profession in Ohio, the compiler oi her statutes, the author of "Practice aid Precedent" for their Courts, and of the moat valuable elementary treatise extant for Justices' courts, and of ''Executors' aud Administra- reader, to page 247, section 93, dodges as this of the Republican candi of the re visaed statutes of last winter nro date for Judge.

can give a vote to Mr. Conway, I cannot conceive, if you act consistent with the principles of political honesty you advocate. To vote for Mr. Conway, is an indorsement of his political trickery, and an evidence that you have faith in him as a man. Still more so is it when, as an aspirant for office, he declares, as he did last January ia a pubifthed letter: "I don't wish say office from those who don't viding for the punishment of crime), and Oan anything be more truthful than the following, copied from the Cosmopolitan Art Journal, a very meritorious publication, by the way A man or woman who lives a pure life, whose virtue and benevolence are in the beast, rather than on the tongue, who has the truest appreciation of truth, and acta it out, is least heard of, least sought after, and, dying, least mourned over by the public and the press.

a a ja aps. UZj several democratic papers are New towns are springing up upon 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 parposes. If they do not, the entire country will be law! off into town lots. (Kr Hon. Charles Sumner arrived in Boston last Tuesday.

back, off from the same piece with the statement of the Atchison Union, which represented Old John Brown as a horse thief in Illinois, sad the thousand and one equally false statements in regard to him by the Republican press. fjr The venerable Washington Irving died November 27th at Irvington. actual settlers. Railroad Convention. There will be a County Convention on Saturday, 17th of at 2 P.

at Law. rence, to consult in reference to the railroads which are projected to this point, and to take measures in furtherance of their completion. Va i read "Every person who shall make, execute or deliver any deed or writing for the con veyancs or assurance of any lands, tenements or hereditaments, goods or copying articles from the Leavenworth Herald mud crediting them to the Herald or Freedom. They don't fit us, and the practice should not be repeated..