davidaulloa/AmericanStories huggingface dataset:
The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1862-12-12
SYLLABUS.
FREDERICK Rowland, Appellant, I

as.
JOSIAH S. FULLER Respondent.
The declaration of a grantor of property.
made subsequent to the sale, and disconnected
with it, cannot be received to vindicate the title
of the grantee.
The plaintiff in replevin claimed the property
"a span of horses by purchase from b. The
defendant justified as Sheriff under an execu-
ton against B, whose property he alleged the
horses to be. The plaintiff requested the Court
to charge that if the jury found B owned the
horses at the time of the levy, then they were
exempt from sale on execution, and the defence
must fail on that ground. Held, There was no
error in the refusal of the Court to the charge
The plaintiff must prove his own title as
alleged in his complaint and cannot sustain
himself by proving title in another party. The
exemption given 10y statute is personal right
and privilege given to the debtor and if claimed
by him must be asserted and maintained in le-
gal FORM and cannot be claimed for him by
another.
The answer alleged the plaintiff claim of
property was through and by a pretended and
fraudulent sale from 3. There was a reply de-
nying fraud. Much evidence was introduced
without objection Oh both sides, touching the
question Of fraud, Uei3, That under these cir
cumstances, the Court correctly charged that
fraud in the PLAINTIFF purchase was sufficiently
pleaded in the defendants answer
The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1862-12-12

Notwithstanding the bad weather, the
Presidents Message, containing 9,196
words, making between five and six CO.
lumns, was telegraphed with great accura-
cy by the American Telegraph Company,
from Washington to New York, in an hour
and thirty minutes. This Geographic feat
was never equalled by any telegraph line
in this or in any other country. So say
the papers, but we can tell bigger story
than that about our line-if we were so
disposed
The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1862-12-12
Remarks Of Captain G. G. Andrews,
AT THE BANQUET GIVEN TO THE THIRD REGI-
MENT BY THE LADIES OF MINNEAPOLIS,

Ladies and Gentlemen Il return you
most sincere thanks for the honor you have
done my brave companions, in this gener-
Gus display of your hospitality and good
will. Many of the men are necessarily
absent, being at home in different parts of
the State; but 1 am sure they also will ap-
preciate and remember the compliment
you to-day pay US.
This is not proper occasion, my
friends, to repeat the claims which the en-
listed men of the Third Regiment have to
the public approval. Nor is there need of
repeating them. l have found that their
capacity, their services, their valiant spirit
and their zeal to accomplish deeds in the
future, are well known among the people.
1t is enough to say, there are men
here who bear marks of honorable
wounds received in the South and at Wood
Lake, and the sacred memory comes over
my mind of noble companians who fell in
both the fights our regiment has been en-
gagged in. We have encountered disap-
pointment and misfortune, but we shall
not murmur nor falter on that account 1t
was said by model soldier-one who
ruled successfully the storm of war-as he
came home to triumph saddened by the
burial of his two only sons, that fortune
grants no great favor without some mix
ture of uneasiness or tribute of pain. We
have felt the uneasiness and the pain and
now in the future we confidently look for
her favors But we know it is not in our
stars but in ourselves that our success
does lie; and we long to go forward to
aid in striking a decisive blow for the
country.
am glad to be able to say that the
health Of the men is remarkably good. It
will not be many days before we leave for
the South, and the regiment will number
five hundred men fit for duty-five hun
dred fighting men, who will not be sur
passed for valor and efficiency. And here
let me say that feel it an ample reward
for anything have done or suffered, to
have the affection and confidence of such
noble and heroic hearts as l have found in
my company and regiment. am proud
to claim fellowship with them. Where
they go, will go; where they die, will
die; and there will | be buried.
Again permit me to thank you for the
distinguished courtesy you have to-day
shown us. 1t is more priced, coming, as
it does, from a very patriotic community
We remember your efforts to fill the First
Regiment-the first three years regiment
that reached Washington, and perhaps the
most truly famous regiment in the whole
army. | know the anguish it must cause
to send forth so many of your brothers and
sons, in rosy youth, as sacrifice for the
country. If they fall, their example and
memory will be sweet and precious COM
partnership. If they live, they will return
the upholders of order and of peace, and
dearer to you for their heroic tolls.
The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1862-12-12
RIcIARDs u WHITING, Appellants,l
MAURICE WHITE, Respondent.

MAURICE WHITE, Respondent. }
Maurice White assigned his property for the
benefit Of his creditors, with the ordinary pro-
vision that any surplus after paying the debts,
should be paid over to him. One Of the cred
itors sued White on notes, and attached the as
signed property, alleging the assignment to be
fraudulent as the reason for the issuing of the
attachment. On a motion to vacate the writ, it
appeared from the opposing afiidavits that the
plaintiff had received benefits under the assign
ment. Held, first, That an assignor for the
benefit of creditors, with resulting trust to
himself, has such an interest in the assigned
estate as will entitle him to defend it against
seizure for his debts by attaching creditors.
Second. When an attachment is issued against
the property of a debtor on the ground that he
had made fraudulent assignment, and it ap-
pears on motion to vacate the attachment
that the attaching creditor has affirmed the
attachment assignment 2 by receiving benefits
under it, the writ Will be vacated Third
When the moving papers do not disclose the
fact of benefits having been received under the
assignment, and the fact is made apparent by
the opposing affidavits, the moving party can
avail himself of the tact. FLANDRAU.
The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1862-12-12
SMIrH FAREAND, Plaintiff in Error.

JULIA A. HURLBUT, Defendant in Error)
The Plaintiff placed sum of money in the
hand OF the Defendant, to be loaned or invest
ed by him in her name. The defendant loaned
it III his own name, and for his own use and
benefit. Held, That such an act amounted to
conversion, and the plaintiff could maintain an
action for the money and damages, from the
time OF the conversion, without any demand.
The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1862-12-12
The Telegraphic News.

From the Richmond papers we learn
that great activity prevails in our naval
operations A squadron of twenty YES
sells has left Hilton Head, and the rebels
think Georgetown and Wilmington, North
Carolina, are aimed at. Several vessels
have passed Charleston, which they think
are destined to attack Mobile We shall
have stirring news before many days. The
enemy is not generally at fault in his prog
nostications. They also anticipate land
attacks on Petersburg and Weldon, in
which we hope they will not be disappoint-
ed.
From Tennessee we have news Of
disaster. The guerilla MORGAN attacked
brigade of national troops, which surren-
dered after some resistance-not very
desperate" we should judge, with loss
Of only sixty men. On the same day NOR
GAN attacked Gen. FRY's command, and
was repulsed with heavy loss, and was
pursued BUELL. and his travelling court
martial, have arrived at Nashville.
The news from BURNs1DE's army indi-
Gates that active operations are about COM
mencing Our soldiers have suffered
dreadfully from the cold weather. Six,
who were out on picket, were frozen to
death in one night.
-SIGEL will prefer charges against POPE
"of conduct unbecoming an officer and
gentleman, and total incompetency as
military commander" He will have no
difficulty in proving them, if he will sum-
mon cloud of witnesses from Minnesota,
who are cognizant of the facts
"A dispatch states that Senator WILSON
will introduce bill giving $1O,OOO,OOO to
Missouri, as first instalment towards
Compensated emancipation.
"A dispatch states that the Congress
sional Committee of Ways and Means
agrees with Mr. CHASE that no more
Treasury Notes shall be issued.
Three vessels were captured in one
day on the coast of North Carolina, while
attempting to run the blockade. Eight
have been captured or destroyed within
thirty days.
BEAU HICKMAN of Pennsylvania, has
introduced bill authorizing the President
to organize one hundred regiments of ne
groes, the commissioned officers of which
are to receive twice the pay Of officers of
our regular asmy. Attorney General
BATES, it is said, has affirmed the citizen
ship of "culler'd pussons. One petition
was presented for bankrupt law. Small
favors for poor white persons gratefully re-
ceived.
The news from BURNSIDE is all smoke,
although it is intimated there may be some
fire in few days. We have heard that
story before.
"A rumor prevails in Washington that
BANKS expedition has landed. d
The great prize fight in England be-
tween MACE and KING, resulted in the vic
tory of the latter, who, it is said has been
challenged by JOHN G. HEENAN for the
championship.
The rebel army in Mississippi is still
on the retreat They passed through Ok
ford on Thursday, towards Grenada. We
have later account Of fight at Coffee
vile, between our cavalry advance and the
rebels, in which the latter were worsted.
Coffeeville is only ten miles North of
Grenada We shall be likely to hear some
thing important from this section in few
DAYS
The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1862-12-12
Minnesota Soldiers in Hospitals.

BENJAMIN THOMPSON, ESD, appointed
by the Governor to visit the Hospitals at
the South, has transmitted the following
list of Minnesota soldiers in the hospitals
at Quincy, Illinois, and Keokuk, Iowa:
At QUINCY, ILLINOIS.
Fourth Regimeut-Thomas Agan, company
E; H. Nickerson, c; E. Roth, d j. A. Nc
Clary, B; j. Burrows, B. F. Taylor, 1
Charles Ketcham G.; F. L. Cutler, F; o.
Beck. F: Frank w. Hanson, B NJ A. Bailey,
C; J. A. Rosenberg, E r. Kelly, l: A. C.
Smith, X; S. NJ. Millhollin, X r. A. Plum
mer, ID.
Fifth Regimem-O. Denny, company f.
Second Minnesota Botteyy-F. S. Flint.
AT KEOKUK, IOWA.
Fouth Regiment-Andrew E. Jackmayer,
company G; Lorain Stagel, G; William Greg
DRY, H; William Knaeble, B; Edward Kie-
barth, 3 Joel Taylor, G c. Colp, 1 Samuel
Woodward, b Perry II. Jewett, F Charles
Kelley, H; Joseph Cobb. H Robert II. RUDE,
F; o. j. Ellinson, T; John w. Corey, H
John Penrth, III Peter Smith, I; Geo. Mail.
NJ; William Sheltoe, G.; William B. Bandy, G.;
James Hare, A: Blanheart Habersham, F:
Thomas Anderson, A; Charles Haley, 1 Archi-
bald Samot L; George Reder, G j. c. Rus.
sell, F; George Wiggerman, C; James Guy,
K Patrick Lofts, G; Augustus Haggerman, K.
Second Regiment-Daniel Cook company C;
and Edward Keefe, company F.
fifM Regiment-,John Robertson, company
G; James NJ. Ryder, C; Michael Fury, G.;
John Peterson, company E.
The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1862-12-12

MHTARY.-Capt. Anderson of the 1st
Regiment Of Mounted Rangers has been
ordered with his command to Sunrise City,
where he will take up quarters for the
winter. Capt. Anderson's company now
numbers over one hundred efficient men,
who we have no doubt will be able to
guard and protect the citizens of the whole
of the St. Croix Valley in any emergency.
The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1862-12-12
THE MINNESOTA MAsSACRES.
Protest of the State Delegation in Congress

A special Washington dispatch to the
Chicago Tribune states that Senator
WILKINSON and Representatives ALDR1oH
and WINDOW, of Minnesota, have sent a
letter to the President, earnestly protesting
against his policy ofpardoning the majority
of the condemned Indians. They describe
the horrid nature ofthese Indian outrages;
recite numerous outrages of almost incred-
ible barbarity, and say there was no justi-
fication, or even pretext for these brutali-
tiles. They endorse the Sioux Agent, Maj
GALBRA1rH, and wholly free him from any
blame for the outbreak, and conclude al
follows:
The people of Minnesota, Mr. President, have
stood firmly by you and your Administration
They have given both you and it their cordial
support. They have not violated any law. They
have borne these sufferings with patience such
as but few people have ever exhibited under
such extreme trial. These Indians now are at
their mercy; but our people have not risen to
slaughter, because they believed their President
would deal with them justly.
Weare told, Mr. President, that the committee
from Pennsylvania, whose families are living
happily in their pleasant homes in that State,
have called upon you and petitioned you to par
don these Indians. We protest against the
pardon of these Indians, because, if it is done,
the Indians will become more insolent and
cruel than they ever were before, believing, as
they certainly will, that their Great Father at
Washington either justifes their acts or is afraid
to punish them for their crimes.
We protest against it, because, if the Presi-
dent does not permit the executions to take
place under forms of law, the outraged people
of Minnesota will dispose of these wretches
without law. These two people cannot live to-
gether. We do not wish to see mob law inau-
gurated in Minnesota as it certainly will be if
you force the people to it.
We tremble at the approach of such condi-
ton of things in our State.
You can give us peace, or you can give us
lawless violence. We pray you, as in view
of all that we have suffered, and of the danger
which still awaits us, let the law be executed.
Let justice be done to our people.
(SigneD NJ. 8. WILKINSON,
CYRUS ALDRICH,
VIM. WINDOW.
The only effect of the above, as far as
we are now advised, was determination
of the President that thirty of the most
guilty among the condemned Indians
should suffer death, and that the balance
should be pardoned. Nothing official,
The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1862-12-12
General N. j. II. Dana.

There is rumor, from pretty good au-
thority, that General N. J. 7. DANA has
received the appointment of Major Gene
raj of Volunteers. We hope the rumor
may prove correct.
The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1862-12-12
SYLLABUS.
MARTIN DAVIS & ISABEL NYE, Appellants. }

GILBERT SMITH, Respondent.
When party has permitted evidence on all
the issues in an action to 60 to the jury with
out objection, and has made no request to have
only certain issues submitted to them, now
made any objection 20 their finding upon the
whole case, either before or at the time the
verdict Is rendered. he cannot in this court raise
the objection that all the issues should not have
been submitted to the jury, on the ground that
the action was one in equity, in which only
doubtful questions of fact should be submitted
to the jury.
On a sale of chattels, if the seller has posses
sion of the article, and he sells it as his own
and not as agent for another, and for a fair
price, he is understood to warrant the title, and
is answerable to the purchaser if it be taken
from him by one who has a better title than
the seller.
In question of fact, when there is some
evidence to support the verdict of a jury, this
Court will not set aside the verdict. on the
ground that it is against 1.-THE weight of evil
dence.
The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1862-12-12
SYLLABUS.
JOHN G. WARREN, ct al, Plaintiffs in Error,

PHINEAs S. FISH, Defendants in Error.
Under the law as it stood Feb 10, 1858,
(Rev. Stat. 1851, p. 336-7,) the judgment debt
or or owner of land sold on an execution could
redeem it from purchaser who was also
creditor having q lien older than the title under
which the redemption is made without paying
off such prior lien. A redemption by the judg-
ment debtor or owner simply terminated the
sale and restored the party redeeming to his
estate, leaving all liens senior and junior undis-
turbed and in full force.
Nothing more is required of redemptioner to
perfect his rights, but to file with the Sheriff,
in his office, the papers required by Section III
The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1862-12-12
SYLLABUS.

Alexander Hart and Edmund Munson,
partners, under the name and style
of Hart & Munson, Respondents,
The Regents of the University of the
State of Minnesota impleded with
other Appellants.
The Regents of the University are public
corporation for the purpose among other things
of erecting university building and for that
purpose, with the restrictions hereafter men
toned, possess all the powers necessary to that
end. They could make all necessary contracts
and give written evidences to conditions of
debts incurred in and about the work, PAYABLE
at a future day, but could not execute nego-
table prOmissory note in the commercial sense
of that term, because they were restricted in
their expenditures to the particular fund pro-
vided for them by the legislature, and had no
power to contract debts upon the credit of any
other, and negotiable paper must he paid absO-
lutely
All persons dealing with them are chargeable
with knowledge of the extent of their power.
An action may be maintained against them
upon any contract which they had power to
enter into cOnceiving the erection of the Uni
versity buildings but a judgment recovered up
on such contract, would bind only the fund up
on the faith of which the credit was originally
given.
The title to the lands received by Congress
for the use and support OF State University,
is in the State and not i'm the corporation, and
all property acquired by the regents with the
funds placed at their disposal, is the property
of the State, the corporation being merely a
trustee or agent, with specified powers to use
it i'll particular manner for given end.
The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1862-12-12


HENRY FOSTER Plaintiff in Error,
as.
The BOARD OF COUNTY COMMITS
sIoNERs OF BLUE EARTH Co.,
Defendants in Error.
The power granted by the States to the Con-
gress OF the United States, by the third clause
OF the eighth section of the first article of the
constitution OF the United States, to regulate
commerce with the Indian tribes confers upon
that body sole and exclusive control of ali in
tercourse of such tribes within their own
country, and in consequence of such exclusive
jurisdiction being in the Federal government,
the Territory of Minnesota had no power in
1896, to tax the property of licensed traders
with the Winnebago Indians within the Winnie
bagO Reservation.
where county directed the collection of
such taxes, and received into the treasury the
proceeds thereof, an action will lie against it
Tor the recovery of the sum so received.
The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1862-12-12
SPECIAL NOTICE.

Several weeks ago we announced that
all former Club Rates to our WEEKLY
PIONEER were withdrawn, and the follow
ing rates substituted therefor. Parties re-
hitting us funds hereafter will be credited
at these rates without further notice. We
are in constant receipt of subscriptions at
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obliged to answer all such communications
by letter. Our subscribers will see that
the prominent eastern papers have ex-
ceeded us in their advance, and that it is
an object for them to avail themselves of
our new favorable terms. We shall con-
tinue these rates until forced to still
further advance, by the increased price of
paper. We trust that we may receive
large access to our subscription list at
these low rates:
FOR ONE YEAR
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TO ONE ADDRESS,
Two to four copies. ...... so each
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The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1862-12-12
OF the Statute above cited and pay over the
amount of the purchase, &c.
FLANDRAU.
SYLLABUS.
GEORGE VAxHAUL, Appellant,

WILLIAM BIERBAUER, ct al, Respondents.
On the trial of an issue of facts where there
is conflicting evidence, the verdict of the iury
should not be disturbed as being against the
weight Ofevidence, or as being unsupported by
the evidence, unless it is very clear that the
jury have been mistaken. Such is not this case
FLANDRAU.
The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1862-12-12
Recent Decisions off the Supreme
Court Of Minnesota.
1 SYLLABUS.
JOSEPH DANIELS, Plaintiff in Error,

JOSEPH DANIELS, Plaintiff in Error,
Us.
IRA WILLIS ct h., Defendants in ErrOr,)
The plaintiff and defendant Willis submitted
certain matters to arbitration, among which
was the title of certain personal property which
was claimed by the plaintiff and had been seized
by the defendant Willis on writ of replevin
The arbitrators were to determine how the
property was to be disposed Of A bond was
given by the defendant, conditioned for the per-
Torrance of the award by Willis, and his ODE
dience thereto. The award ordered the prop
erty to be sold, and the proceeds to be applied
to the expenses of the arbitration and to liqui-
date the amount found due from Daniels, the
hot perfom the award nor obeV the same b brt
appropriated and converted the property wrong
fully. Held, That complaint containing these
facts disclosed cause of action in favor of the
plaintiff against the defendant on the bond.