Daily Democrat and news. [volume] (Davenport, Iowa) 1859-1864, 1862-11-17

a.sa. Mc.C1eIlaa.
Our Tsisgrsphic dispatches yestsr'
~ state thas The delay occasiooed by
be removal Of Mcclellan while on The
march, enabled the rebels to ooncen-
rate their forces and become much
letter prepared for the great impeod'
NJ bss.ls 10 virgieia. The Chicago
Times IL commenting upos The removal
,sys: The Washington Star disclo
,es ~by he gave no attention TO Hal
eck's ridiculous orders sent out from
and al'o why be did not
reveal bis own plans to lialleck or %!
body else in Washington. lie gave no
astentjon to Hslleck's orders because
lhey could he fruitful Of NO substantial
results; end he did not reveal bis own
plans TO Halleck or anybody else IN
w ashiogton because it was essential TO
their success that they should not be-
come known 10 the enemy. He some
time since ceased TO communicate
with the government through Halleck
or Stanton he sent al his commune
cations directly to the President.
For the second time the admln'st'a'
ton have suatched FROM Mcclellan the
power to achieve victory just At the mo-
- -. ~L-- .:~...y would have icon de-
cisiye Of the fate Of the rebellion. Fer
the second time has tho abolition fire.
in-the rear strnok him down just as he
was about to strike down the rebellion.
A terrible retribution is due to this
administration. 1t every member Of it
hal thousand lives, the loss Of them
upon q thousand gibbots would not ex-
plate their crimes.
nABEAS CORPUS.
A very important question is pend
ing before Judge Barnard, OF the Su-
preme Court, in Chambers Of New
York City. 1t betokens conflict be.
tween the civil aud military authorities,
aud 10 thus stated BY the New York City
papers:
Nov. l.-There were two or three
writs Of habess corprs retnrnable this
morning in the cases OF soldiers who
claimed to have been irreguIar!y enlist
ed. in Richmond county.
A captain in one OF the regiments Of
Col. Duryea's Z,uaves answered in one
OF the cases, AID stated that the CoIonel
would produce the soldier on Monday.
The Judge said it was the Colonel,
duty to have him here this morning. liz
did not wish to interfere in military al
fairs, but, on the contrary, desired tina,
the country should have the use of al
men it could obtain yet this was 9
sacred writ which must be oteyed, and
which he must see enforced. lie hae
no discretion in the matter. Ii he re
fused the writ, he was liable to imprls-
onment and a heavy fine. The maj
must be produced on Monday, or b
would take means to have the writ en-
forced. There was still power enough
in this city to carry out the require
merits OF the Civil Law. and it shouIe
be enforced, If he had to call upon The
whole Democratic party for help. Ia
case Of further refusal, he could poin,
out way provided by statute, which
would bring sufficient assistance to pro
duce the soldiers by force. 1t WAS {
mistake OH the part Of many to thinl
the military power could set the civ
authority at defiance.
The captain said that nothing Of the
kind was intended. The man would b,
produced on Monday.
A lawyer in the case stated that III,
military officers in Richmond count,
were under the impression that tn.
President had suspended the writ Of ha
beas corpus.
Judge Barnard stated that he had re
stored it here, and it would be res,ore
in the State uext Tuesday.
From that time the public eye an
car has been open for the result, and o
Yesterday evening Was gratified TO tb
following extent:
''In &c. James Mahoney agt. Thoms
NJ. Reed, Colonel Sixth regiment CO.
coran Legion. A writ was issued som
time since to Colonel Reed TO produc
Mahoney. lie was produced and O.
dered 10 be discharged upon returnin
his United States clothing and payin
back to the city the fifty dollars bon,
ty. The conditions were compile
with, but the Colonel refused to di
charge the man.
"Alr. i. Talent, for Mahoney, brougl
the matter to the attention of the Cou
today, and inquired whether there WI
any power to cnforce the order.
'Judpe Barnard said, in effect, TIL
be should think the vote Of Tuesds
was conclusive A. to the power, and
sued an order Of arrest against Colon
neeI for contempt.
The end is not vet.
------->~A-
AN UNFRrnFUL ONTRACr.-A &c
tain contractor, whose name is -.
said to have visited q gambling hous
situated on + street, between thirteen,
aud fourteenth streets, last night, wbe,
he PLAYED at faro, and lost two hurdre
and seventy five Thousand bushels ,
oats, valued at aeyentx. five cents M