davidaulloa/AmericanStories huggingface dataset:
Daily national Democrat., 1861-08-13
The Writ of IIabeas Corpus--Opinion Of
Attorney General Bates.

In obedience to a resolution Of the House
Of Representatives, adopted on the l3'h "it
requiring copy Of the opinion of the Attor-
ncy General, mentioned in the President
Message, in reference TO the suspension OF the
writ of habeas corpus, Judge Bates recently
transmitted to the House copy OF his letter
to the President of July 9th. 1t makes
pamphlet of twelve pages There were these
questions:
Frst-In the present time Of a great and
dangerous insurrection, has the Pres !dent me
discretionary power to cause to be arrested
and held in custody persons known to have
criminal intercourse with the insurgents, or
persons against whom there isprobab!e cause
Of suspicion Of such criminal completely?
Second--In In such cases ofarrest, is the Presi
dent justified in refusing to obey a writ OF
hnheas corpus issued 10y Court orJudge, re-
quiring him or his agent to produce the body
of the prisoner and show the cause OF his
capture and detention to be adjudged and
| disposed Of by such Court or Judge.
To the first question Judge Bates, after
preliminary argument upon the rel'Ii'e
powers of the several branches of the Gov
ernment, Gays;
81 om clearly of the opinion that, in time
like the present, when the very existence ol
the nation is assailed 10y great and danger
Gus insurrection, the President has the lawful
discretionary power to arrest and hold IN
custody persons known to have criminal IN
tercourse with the insurgents, or persons
against whom there is probable eause Tor sus-
picion of such criminal completely"
After proceeding to prove this position, as
to the second question, he says:
"Having assumed, in answering the FIRST
question, that the President has legal discre-
tionary powers, etc, it might seem unneees-
snry to 90 into any prolonged argumen1 t"
prove that in such a ease the President Is
fully justified in refusing to obey wit Of
habeas corpus, etc"
He concludes "Not doubling the power of
the President to capture and hold hy force
open insurgents agains the Government, and
to arrest and impri 'on their suspected accom-
plices, | never thought of suspending the writ
of habeas corpus, any more than thought Of
suspendiug the writ ofreplevin, before seiz-
ing arms and Munitions destined for the enc
my The power to do these things is in the
hands of the President. placed there 10y the
! Constitution, and the statute law. as sacred
trust, to be used by him. in bis best discre-
ton, in the performance of his great first
duty. to preserve, protect and defend the
Constitution, and for any breach OF that trust
he is responsible before the high Court OF
impeachment and before no other human
tribunal"
Daily national Democrat., 1861-08-13

DIXIE PAPERS PLEASE CORY The Charles
TOP Courier admits that our troops fought
hravely at Bulls Run That pnpcr says:
"The dead bodies of the hireings lay in
heaps on road and in field. We conquered
gloriously. The enemy fought bravely and
well, but their valor could not resist the
courage of men under the inspiration of a
grand and holy cause and they have been
utterly routed by half their number"
The California DiXieites zhon)d be as gen
erous as those of South Carolina. By the way.
that sentence; owe conquered gIoriously," re
minds us of Lock woods speech in the Yuba
Secession Convention
Daily national Democrat., 1861-08-13

GENERAL TYLER.-The Union having been
pretty severe upon Militia Generals, cor
respondent writes to that paper as follows,
in relation to Gen. Tyler Of Connecticut.
to Gen. Tyler, justice to brave and er-
fcent officer requires it TO be Stated, that
the first militia appointment ever held by him
was that which Gov. Buckingham, Of Con-
nectcut, unsolicited lately rendered him as
Colonel Of the First Connecticut Regiment
and he rendered it because he knew that
Capt Tyler was graduate of West Point,
and that for the fifteen gears he Uas in tie
army he was an officer Q! ability aud prom.
.iss.
Daily national Democrat., 1861-08-13
" ont Compromise.

SCENE-A Farmers House, dark night
enter two ruiians, armed with knives, and a
smooth long-haired youth in the rear-the
dark lantern opened-discover Farmer in
bed who wakes ny and seizes pair of Colts
revolyers-rutlians pass around, open draw
ers, closets, and pocket spoons Il watch, and
divers things.
Farmer-'Ualloo! who's here? What are
you about2 Stealing? Robbng? ? " hat does
all this mean?"
Ruilians-"Why, sir, we want your goods,
your money, aud will have them"
Farmcr-"Will have them? Scoundres,
prepare to die points the revolvers at each
Of .he leading rutlians Straight hair tries to
hide behind closet)
Rufians-"Dont kill us! Let us do this
thing peaccaby. We don't want to fight"
Farmer Throwing off his bed clothes,
and in the act of taking these fellows down
Ruiians-"Oh, no; lets compromised Let
us have what We want and let us 60 I"
Farmer-"No compromise. Empty your
pockets you rascals Throw down your
knives and the goods you have stolen, and
then leave, or III make daylight shine thro'
your careasses."
Long llair-"W hat a terrible fellow this
Farmer is! Won't compromises won't give
half his goods for the sake of keeping the
rest won't settle the differeucel Very un-
reasonable man, indeed lie must be n Black
Republican,"
Enter Guard-"Y on are prisoners Here.
let me ornament you with these hand ruffles "
Long Hair" What, not compromise ?
Won't accept a compromise on the fairest
terms? Gentlemen, this is altogether uncon.
situtjonal Officer, you are usurper III
have the prisoners out Of your hands, ready
to continue their patriotic calling immediate
ly, by writ Of ha5eas corpus
E'raD,,f O,puos
Daily national Democrat., 1861-08-13

A BAD TINE For GETTING DGuYK Colonel
Dixon :. Miles, Of the regular army, to whom
was assigned the Fifth Division (reserves) in
the corps darmcc of General Mcdowell, is un-
der arrest and will be coGrt-martialed He
was too drunk to know what he was about
on the day Of the battle, and failed to bring
mp the reserve at the time ordered Had he
done so, the fortunes of the day might have
been different His division included the
hrgades of Colonies Blenber and Davies, the
former (Blenkcrsl being -kirmishers, and the
latter (Dhvies) regiments Of inflntry from
New York, Colonel Miles is Colonel Of the
Third Infantry, L. S. A., native of Mary
land and an officer of more than 50 years
service His arrest creates quite a sensation
and is only another proof that all inconre-
tent officers, whether in the regular service
or the militia, are TO be weeded out Eastern
paper
Mn. BHrcEyrIDcr, perhaps inadvertently
very naturally and truthtully, spoke of the
rebel forces Of Vicginia as "onr troops" H.
used the term twice in almost the same breath
yet he professes to deprecatc the charge OF
disIoyalty to the Union.-EaStern Erchapqe.
The Express makes good many people
hcrcalouts laugh by calling the Federal
forces "oar troops" Breckinrdge probably
dislilcs being laughed at
Daily national Democrat., 1861-08-13

PlxLEY and Weeks pitched into little John
ny Conness, g like thousand of brick" for
MS Bnlkhend, Lioel Law, and other votes.--
0ro'iiie Di@ie organ.
The Butte organ is very careful not to re-
peat anything that Democrats say against
Republicans. The Republicans and Dixietes
seem to be travelling in pairs, to seek and de-
your Union Democrats just for the sake Of
keeping up appearances they ought to abuse
each other a little occasionally. They could
do it in the Pickwickian sense, and "the wing
of friendship never mollt feather
Daily national Democrat., 1861-08-13

POLICE MATTERS. f. Simmons, the man
who shot the gambler, "shor,y' the other
night, had an examination before the Record
er yesterday, and was bound over in the sum
of $1,000, to appear before the Court Of Sossi-
ons.
NJ. Berry, for being drunk and disordcrly
was fined $50, with the privilege Of work
ing it out in the chain gang at ~ per day
Only one arrest was made by he police
during the day-and that n woman, Mrs
Chappell, d. and i.
Daily national Democrat., 1861-08-13


rI1HE Agricultural, horticultural and Mechanics
Society of the Northern District of California, al
their Fair 1t Marysyc oIcr the following additional
purses fer tie following race:
Monday, September 9th.
GREAT PACING RACE
Free to all Pacing stations, Mares and Gedrrs.-
Purse 5l5o mile heats, best three in five to harness.
Three entries required and two to start to make a
race. Ten per cont. entrance fee.
Tuesday, September l0;h,
GREAT STALLION STAKE
Free 10 ell Trotting stations Purse $500; mile
heats h.st three in five 10 harness. Three entries re-
qure and two to start to make race. Ten per cent.
entrance fee.
Thursday, September 18th,
GREAT TROTrING STAKE
Free to al Trolers except stations Purse $3.50,
mile heats, hcs three in Eve tob rness. Three entries
required and two o. start tJ make race. Ten per
cent. entrance fee.
Saturday, September ith,
GREAT DOUBLE TEAM RACE
Free to all Trotcrs Purse %l5o, two miie heats,
best two in three to harness Three teams to enter
and two to start to make race. Ten per cent. cn
trance fee.
These races viii come of at the MARYSYILLE
PARK COURSE, kept by Il y O'HANL0N. The ra-
will take place in the afternoon, after the ADJOURN
mint at tie Cattle Grounds.
The entrance will be made for these races with Il.
T. 0IIANLON at the Park and viii close Al P. NJ. Oh
the Gay proceeding eac' IA Q.
The above races wi be conducted according to the
rules # the 1l8rNsvile PARK and under the npervs-
ion OF it, Judges
the stock competing for these purses may enter for
any other sepe:atc prize on the regular Prewum Ii I
and will be required To be within the Cattle Grounds
according the rules of the Society.
n. B.-The admission t. these races will be fifty
cents each This admission Will he required of all
sons, whether members of the Society otherwise as
these races ere additional to the regular proceed
ngs of the Society
The purses and prizes Of this Society are open to
the whole Pacific Coast.
G. n SWEZY, President.
A. y. STARR, Treasurer.
j Il. GALLOWAY, lst Vice Pres.
CuAS. NJ CONAN, Secret lry. aus
Daily national Democrat., 1861-08-13

SnoorIyG ArFRAY.-On Thursday after
noon an oilray occurred between Messr.
Morrette and Martin, at the Chappare
House, arising out of relations Of private
character, in which Martin received two
balls, one in the cSest and the other in the
arm. The wounds are not dangerous nor
have the balls been extracted. Morrettee
was justified in the act, as it was done in
self-defensc, and on fall hearing of the
case 10y the District Attorney, was allowed
to go at large The circumstances of the
case, as we are Informed, were very oggra-
waiting, and warranted Morrette in adopting
the course that he took in the matter.
Shasta Courier, 1871
Daily national Democrat., 1861-08-13

The PREslDENTAL oTE.-Although ALra-
ham Lincoln was consttutionally elected to
the Presidency, he only received 1872 200
votes 2,7S9,l74 votes were cast against
him What folly TO pretend, as some Repub-
lican journals do, that majority of the Ame-
rican people have endorsed the Chicago
Platform.
Daily national Democrat., 1861-08-13

DROWNED IN san tRANusco "A boy named
John Tierney was drowned in San Francisco,
on Friday last, having fallen through loose
plank which struck on the head while in the
water
Daily national Democrat., 1861-08-13

SHOOTING GALLERY.-John L. Brophy's
shooting gallery is a great place for sport.
Some Of the frequenters thereof are getting
to he crack shots
Daily national Democrat., 1861-08-13

The LIE OF WINFIELD SCoTT BY J. r.
HEADLEY.-A. Roman q Co San Francisco
1861. This is hadsome book of two hund-
red pages, and will doubtless be in great de-
mand ut this time. We are indebted for a
copy 10 Randall & Co
Daily national Democrat., 1861-08-13

HOTEL AND Restaurant Du NoRD.-Read
the advertisement Of Mr. Sajous, proprietor
of the above-n named house. lie knows how
to keep hotel.
Daily national Democrat., 1861-08-13
CIEARLES SCEENEE..
MAKER " IMPOKTER,

or the best Lamnated steel and smb-Twist Double
barrel shot Guns, Rifles, Colts Pistols, Gun
Equipments and Materials, Powuer, Balls, Shot and
Cans, always on hand and for sale.
/ have also new Machinery ior cutting Gain Twist
and rc-borng Shot Gun Barrels to shoot well.
Gun, Pistol and Locks repairs OF all kinds, will be
executed with neatness anu dispatch.
Adams Sef-Cocsiug Pistols Eeys Patent Wire
Cartrge 3 kinds of Gan Wuddus.
Pistols Loaded at short notice. Guns and Pistols
11Ught.
Nj { harlts scholl has worked at the business in
Marysve the past ten years, and thoroughly under
stands the wants of the community.
lie has also secured the services of Mr. RODGERS,
lately employed in Wm. Billnphursts celebrated Rifle
Manufactcry Rochester, n. V. and Will hereafter
manufacture those celebrated Rifles.
West side of street, next 10 the Fheater.
nuri:}-Iny CHARLES SCHOLL.
Daily national Democrat., 1861-08-13
COUNTY NOMINATIONS.

For Sheriff,
j. 5. SLINGERLAND.
For County CLERK,
CHARLES l.. THOMAS
FOR Recorder,
JOHN COLLINS.
FOR District Attorney,
Il. r. NERRILL.
For Tax Collector,
CALVIN MoCLAsEY.
For Assessor.
j. II. DOUGHERTY.
For Treasurer,
l.. b. CLARK.
For Surveyor,
Y. A. WILLIAMS.
For Asscmblymcr,
g. c. ToMPKINs, PDURNIN, r. HUGHES
Daily national Democrat., 1861-08-13

PLAcERvnLE RrpuBtlcAN.-Ths is the
name OF Republican organ recently estab-
lished in Ell Dorado county. 1t is published
weekly, by d. DeGo!ia, and advocates it.
lcAuse with mneh Nignr
Daily national Democrat., 1861-08-13
,3}ew advertisements.
Board of DELEGATES,

There wi be regular mouthly meeting of the
Board this evening, Tuesday, Aug, 18Th, at O'Clock.
J. b. LEAMAN, Scc'y.
Daily national Democrat., 1861-08-13

Board OF SurERvlsoas The Board met
yesterday morning and, after allowing few
accounts, sat till late hour as a Board OF
Equalization, and transacted a large amount
of business. They will act in the latter ca
p city again to-day.
Daily national Democrat., 1861-08-13

UNION DEMocRATiC MEETING AT FoLsoM.-
Union Democratic meeting was held at
Folsom on Saturday evening, which was ad-
dressed by b. Whitman, j. W. CofIroth
and DIR. } Powell The speaking was accom-
panied by the firing Of a national salute and
an exhibition OF fireworks The meeting is
said to have been largely attended The
Union says the salute was fired with a six
pounder, and the reports were heard distinctly
in Sacramento and fye miles south, a dis-
tance OF eighteen or twenty miles, in direct
line.
Daily national Democrat., 1861-08-13

ENpoEsED.-The Express says that The
Democracy of J. l. Lock wood, one of the no
minees of its party for the Assembly, is "purc
and anaduItarated" Lockwood told the Con-
vention which nominated him, that if the
others all worked as he would, they would
achieve such victory as they did at Bulls
Run. The Express ought TO be circulated ex-
tensively among jeff Davis soldiers 1t would
greatly encourage them in their present ef-
forts to restore peace to our distracted country
Daily national Democrat., 1861-08-13

Tor Justice Of the Supreme Court.
y. C. WHITMAN..,..... .Solano
For Clerk Of the Supreme Court
GEORGE S. EVANS. ........ ,Tuolumne
For Attorney General
GEORGE W. BOWIE. ...... Sacramento.
For State Treasurer,
J. T. LANDRUM. M.................S Shasta.
For State Comptroller
JAMES L. HUFFMAN ... San Francisco.
For Surveyor General,
J. j. GARDINER. San Francisco.
For State Printer,
JOHN r. RIDGE.........S San Francisco.
Daily national Democrat., 1861-08-13

We appeal to every man who possesses a
| spark of humanity or patliotisn if ii is not
time this insane war was ended hya peaceaL,e
settlement ?-MarysyiIlc Express
The Confederate authorities say they will
not accept any other settlement than an ac-
knowledgement Of their independence, ard
final separation from the Uniou--a granting
Of all their demands while they yield nothing
to the General Government. From lheabove
extract it appears that the Express is in favor
Of such a settlement. Is such the case?-
| Butte Record.
There are many who stand very high in
the Bulls Run party in this State who think
that in making peaceable settlement, the
United States Government ought to pay the
expenses incurred by the rebels. We do not
recollect having seen any expression Of opin-
ion on that subject in the Express.
The Express quotes the following from
Gen Jackson's Farewell Address, as though
it was favorable to the secession cause;
"The Constitution cannot be mantoincd
nor the Union preserved IN opposition to tile
pudlic Jeejing by the mere exercise Of the
coercive power confded to the General
Government
Does the Express believe that "the public
feeling" spoken Of by General Jackson, is
opposed to maintaining the Constitution and
preserving the Union If it is not, then "the
coerciye power" will be able to do the busi
ness.
1t is time that the people We're demanding
that this disastrous and unholy war should
cease-ErPress.
Well, the people are demanding that it
should cease. Half u million of them will
make the demand in person, before many
weeks. it is said that l5o. 900 of the people
of the Northwest are going down to Mem
phis, under Col. Fremont, to try and stop
this unholy war.
The uian who has positive opinions at this
crisis. must take sides with one or the other
positive parties. ln the emphatic language
of the Sierra Citizen, n secession sheet, "the
supporters of the Administration vote the
Republican ticket. All are either for against
l.incoln's policy; and there is no indcpend
eut position left for the Connessites. "-Ila-
ceruale Republican.
So they go. A Republican shoctrroves hy
ga Secession sheet" that no man can be for
the Government without ioiniug the Presi-
dents political party and the Secession sheets
prove by the Republican sheets that all who
are not Republicans are or ought to be, with
them The "Conne5siles" know how to ar
IDENTIFY support their couutry's cause, against
armed foes, without rushing up to the polls
to elect Republicans to every state and
county Office Last year, Lincoln was the
second choice Of the Breckinridgers, and
Breckenridge the second choice of the Re
puLcaus. TAea Douglas was a villain of
the deepest dye, in their estimation. This
year the same game is being played 1t de
feated us a few hundred votes last year
This time it is an old trick and is plainly
seen by the people.
Daily national Democrat., 1861-08-13

CoMrANY II, FIRST REGIMENT CALIroENIA
VOLUNTEERS, = This company, oraguzed at
Nevada, has received orders to report at
san Francisco tomorrow. They arrived
here yestarday and will leave this morning
II. A. Greave, is Captain The California
steam Navigation Company rendered the
company a free passage to the Bay. This is
the first movement Of volunteer company
in CaLiIornia.
Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1861-02-28
Sale Of Real Estate,

nN the 9th day of March, 1861. between one
" O'Clock and three o'clock. P. NJ, Of said day,
on the premises in Wayne township. Belmont
county, Ohio will be sold the highest bidder the
following real estate hs the properly OF Michael
Pasco, deed situate in the county and state aiore
said being part of the west halt Of the north
west quarter OF section 81. township 6. range OF
Marietta district, and beginning at the mol tn west
carner oi 81 i'd hall quarter section, thence south
AZ 8 percbes; thence east TO the cast boundary Of
said half quarter. thence the beginning
taiping % acres, mure or less
AIso apart OF the west hall OF the said quarter
containing .05 acres, less, beginning at
the southwest corner OF said halt quarter sections
thence east SO perches 10 u stake; thence north
ll76 perches TO a stakc; thence west s. pr'rche'
to a stake, thence li76 perches TO the beginning
Aso- n tract con tain ing abort 80 acres, being
part OF the east hall ol said quarter, beginning
at the north west corn2r OF said east halt quarter
thence north S9i east 80 poles &c u stake thence
south ~ east 100 poles to a stake, thence souil
S9i9 west 80 poles to the southwest corner o
said half quarter, thence north , west l60 pole
10 the beginning subject 10 the dover OF The wild
| 0w OF Francis Pasco, which is l7I acres off oi th
| south end o the said 80 acre lot.
lst tract appraised at $3.50, 90; I'd tract apprase
nj 1920 90; Sd tract appraised at s1o5,U0
TERMS - down, in one year, and : in tw
| years, with interest from sale.
JESSE l.. BEVAN, Executor
February IA, 1885,, 5w.
Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1861-02-28

EsSH SHBRIDGE AT DELLAIRE.-Thc Com
missiorers of Belmont county, at their ses-
sicn III August last, authorized the Auditor
to advertise fer bids to build Bridge over
NlcNlahons Creck,at Bellaire, whenever he
shall be satisfied that the citizens Of til at
place and surrounding country have subscrib-
I'd $500 towards its erection. 1t has been
the practice Of the Board in building all the
bridges recently built in the county to re.
quire subscription from the people in the
location where the bridge has been built
There has been nothing done in this matter
by the people of Bellaire,~ that we have
heard of; the Commissioners meet on Mon
day next, and if there is to be bridge bull
at that place this season, it is time some
thing was done. Let the friends of thi
matter in Mead and Pultney Townships sec
to it that they hive new bridge Jetave tn
old one falls dozen.
Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1861-02-28
Sherl6s Sale.

Josiah Hinton vs.. Samuel Shepard.
PY virtue Of an order Of sale to me directed
- from the court of common pleas Of Belmont
county, Ohio, will offer Tor sale on
Tuesday, March b 1861,
at the door OF the court house in ST. Clairsyille.
between the hours OF 10 and r N of ss id d. ay
the following real estate, 20 wit situate in the
cou niy OF Belmont and State OF Ohio being q
part OF the southeast quarter Of sectior q, Up 0
aad range 9, beginning for the came ut q large
white oak tree on the western boundary Of said
quarter about fifty and fifty two hundredths rods
south Of the northwest corner OF said quarter
running thence south thirty aud sixty. four bun
dredths rods To sto ne on the was. boundry line
| o, said quarter; thence snuh 62so east 20 rods
| thence south ~ rods thence south 17i9 wes
eight rods; thence 90 52.i0o rods; thence nortf
26S east 20 6s-l0O rods to post On the end Of
lane thence with snid lane south s5t9 east !:
rods; thence north 1872 east 60 72.10o rods theme,
| in north. west ern direc tion up the ravne will
strait line 10 a locust tree, the fifth station oI
the original survey Of a tract surveyed Tor Davi,
| Hinton by John Kennon; thence south S2o W a
42-1o0 rods TO the place oi beginninR. contain in,
I .orty ecres, more or less Appraised At 800.
Terms OF sale cash. r LOCiIARY.
Special Masier
Sherif's office, ST Clairsvills. January "a. 1861
| $40
Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1861-02-28
LEGAL NOTICE.

- ENJAMIN DAVENPORT. OF the State CT
~ Virginia, is notified that on the 10Th day of
January, 1861, petition was filed against him
and others. in n civil action in the cOurtot COM
mon pleas of Belmont county, Ohio, by Wise,
Pusey e. Co., the object and prayer OF which are
to procure un order of said court TOR the sale OF
the following real esrate, stu. tied in said county,
as the property OF John Ham ond; that is TO say,
the scuth.easi quarter of secd No 70, in town
ship No Of Range No 8, con lining l6o acres;
excepting ihereirom 8 aeres. roods and y per.
ches, sold by said Hafnmoud 10 Samuel Ru.chi.
son. ond more particularly described in the deed
from Hammond 10 Hutchison, TO sati sly iudg-
ment recovered against Hauimopd BY Wise.
Pusey g. Co., and upon which real estate said
Davenport holds o mortgage, executed TO him by
said Hammond, and which is unsausted upon the
record. 4
The said Benjamin Davenport is required to
answer suid petition. setting forth how much, y
anything is due him ell said mortgage. op or be-
fore March 10th, 1851 -, Il. SKINNER,
Jan "a, 1861, CIV Attorney for plaintiffs.