Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1862-01-16
GALLEPOLIs.
THURSDAY. :, IAN ls. 1862
ExcIrEMENT IN aALLIPoLIs.

collision between the civil and military
powers at one time seemed imminent.
, The facts IS near as we can ascertain,
are as follows: Some months since q
Secesher by name Smeltzer, one Of
Jenkins cavalry, and wbe is nowIin CO.
lumbus, was arrested IN this county by
the United States forces. He had in
his possession a horse, buggy and bar-
ness, all of which were taken by the
United States. and placed in the hands
Of Quartermaster Boggess at this post,
who gave receipt for the same.
A few weeks afterward, one of our
citizens, Mr.. Joseph Blazer, a very
worthy honest man, to whom Smeltzer
was indebted, under legal advice. OBJ
tanned writ of attachment from Justice
Damron, which was placed in the
hands Of constable Owens, by whom
the horse, buggy and harness were ia
ken out of the Quartermaster's posses
sion, and held as the property of Fran
els Smeltzer. On the return Of the at
tachment, Capt. Boggess served no.
tice on Mr.. Blazer, claiming the prop
erty as belonging to the United States.
and day set for trial of the right Of
property. On that day it was claimed
by council Of Mr.. Blazer, that until a
condemnation in prize court, the lien
of the United States did not attach nor
her claim be valid, as against the rights
of creditors claiming under the civil
law to which in all cases the military
power was subordinate. The claim of
the United States was therefore ad
judged to be invalid, an order was is
sued to the constable to advertise and
sell the horse as perisha6le property.
The buggy and harness were on the
same day claimed by one Morris from
Kanawba, who asserted that Smeltzer
had stolen them from him, though he
himself had just been released on his
parole, by Gov. Pierpont at Wheel
ing, as being secesher. The buggy
and harness were given up by Mr..
Blazer at once, though we are not
aware that Mr.. Morris has obtained
possession Of them. On the day fixed
for sale, which was last Friday, the |
horse was not produced, nevertheless
the sale was held, and bid off TO Fran
els Cromley at S56. Mr.. Rainey,
United States detective, was present at
the sale, with positive instructions from
headquarters to seize the horse as soon
as offered for sale, a knowledge of
which fact, it is presumed, induced the
officer to sell without exhibiting the
property, as also in obedience to posi-
tive instructions not to present him,
given by counsel.
Thus far the civil power had carried
out its measures successfully, but on
Saturday morning Col. DeVilliers Of
the llth Regiment, o. ", now at Point
Pleasant, made his appearance in our
town at the head of squad of cavalry,
and very unceremoniously took charge
Of our worthy mayor and constable
He also sent message to Col. Cush-
ing, one of Mr.. Blazers counsel, re-
quiring his presence. which he saw fit |
TO decline, and further to enforce it by
presenting his revolver. The gallant
trooper displayed his Colts navy five
shooter, and changed the status of af-
fairs. Failing TO obtain any knowledge
Of the horse or his whereabouts, Col.
DeVilliers ordered a section of his men
to quarter at the house Of Mr.. Blazer
until the horse should be returned, |
which would undoubtedly have been
carried into effect, had not one of our
citizens, a very peaceably disposed
man, agreed to procure the horse, if
all parties were released. Col. De-
Viliiers at once consented, and the
horse was brought into town during
the evening.
These are all the facts connected
with the case, and we have endeavored
to state them fairly, and without preiu-
dice to any one interested. Not
shadow of suspicion rests upon the
loyalty of Mr.. Blazer, Justice Damrou,
Constable Owens, or District Attorney
Gushing, and we are bound to believe
that they are actuated by no other mo-
tives than desire to collect desper-
ate claim, by strictly legal steps. Nor
Is it supposed that had they forseen
the consequences, the matter would
have been pressed So far. On the I
other hand, the United States officers
here, deemed it imperatively necessary
to sustain themselves in the position
frst taken. A large amount of prom
e7ty is now in their bands, taken from
Virginia rebels, awaiting the act;on oel