Daily Democrat and news. [volume] (Davenport, Iowa) 1859-1864, 1863-02-05
Late News BY Last Nights Mails

WASHINGTON, NEWS, 3d.-The YER
dict in the Mckinslry court martial is re-
gsrdcd here as being adverse to him. 1t
will be made public in few days.
The House select committee on the
Pacific Railroad have made a very s-yerc
report against the Atlantic and Pacific
Telegraph Company, declaring that they
charge much greater rates to Califor.
MIA than the Law allows, and ttat they
have overchsrgcd the government as
high as fifty dollars day, to say 10th
ing Of the oyercharges to commercial
men East anI West. The committee
are convinced that the sto-k Of this line
realize a. high ~ IS per cent. psr an
mum on the actual cost Of the line
They report bill forbidding the Sccrc
tary Of the Treasure paying the company
any subsidies, and cutting down the
present rates Of charges one-third.
DEs MONIES News, 2d.--Judge Gray
delivered an elaborate opinion, in the
District Court, this morning, in the free
negro habeas corpus case, arising under
the law Of 1851, Of the progress Of
which | have kept you advised. There
were tour IN .terial points presented in the
argument of the case by tho counsel, and
passed upon by the court rs follows:
First The Justice who tries the case
having jurisdiction, and the conviction
Letorc him being final, could the jndg-
meut be reviewed by superior court on
habeas c0rpmsy
Second is free negro citizen Of
the United States
ZAird-Was the law Of 1851, when
passed, IN conflict wi h tho provisions Of
the constitution OF the State Of Iowa in
force at that time!
FoMth-ls it repealed or rendered MI.
gstory by the adoption OF the present
constitution IN Legislation under it, not
in terms, but in consequences of the re-.
pugnance OF its provisions
The Court decided aifrmativcly each
OF these propositions, and discharged the
contrsband. If the decision be sound
one, not only is there no law against the
immigration OF free negroes into this
State, but there can bc noe unit our
prescpt cons tuition is amended. The
posi,ioa taken, that free negro arc cit'
zcns Of the United States, IS very bold
one for an inferior Judge to take, and
will s.artle some, perhaps, who are dis
posed to re gard with favor the opinion OF
such legal minds rs Chief Justice fancy
and other members Of the Supreme
Bench. The whole opinion OF our Judge
rests really upon the broad doctrine OF
negro equality politically, pretending to
deIuce it from the bill of rights; and
this doctrine will now be more vehe-
mently than ever ha~kcd as having re
ceiyci judicial sanction. The counsel fol
the State gave notice Of appeal to tte
Supreme Court. v,
The remains Of Maj. Ben. Rector, 4tt
Iowa Ca. airy, arrived at Mt. Pleansans
in this State, on Thursday last. II isno
known how or where he lost his life. III
was taken prisoner near Helena som
mo this since, and subsequently cxchang
ed. lie resided at Sidney, Fremon
county.
CisclxSArr Nxws, 3d.--A party {
twenty contrabands went through to-da
to Canada. Those we'll posted state ths
in the past four months, not less tha
1000 have gone through Cincinnati
Hamilton and New Richmond, for til
Moth, from Kentucky and Tennessee
Grca. numbers have also passed throus
Indiana and Illinois.
Gen. Loan, commanding the centr
district OF Missouri, hiss ordered that
gucrrillas, bushwhacke-s, Confederate r.
cru,ing officers and cmisssrics -four
within The district shall be summaily
ecutcd; and that persons ha boring
aiding and abett,ng such parts sh'
share the same fate, have their homes q
stroyed, and their personal property
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