Showing posts with label The Courts. Show all posts
Showing posts with label The Courts. Show all posts

Wednesday, June 4, 2014

Robert Toombs to Congressman Alexander H. Stephens, January 1, 1844

Washington [ga.], Jan. 1st, 18441

Dear Stephens, . . .  The session2 passed off well. We succeeded in carrying everything but the Court3 — lost that in the Senate by three votes. When I was at Milledgeville I thought its passage would have injured the party4 but benefitted the country; but from the general regret expressed at its loss among the people since we adjourned, I am inclined to think it would have been popular with the people. The session is decidedly popular with all classes. The people are better pleased than they have been for many years with their legislature, and I begin to think our power in Georgia is tolerably firmly fixed. Our election for Congress took place to-day. I have not heard from all the precincts, but from what we have heard Wilkes will give a considerably increased majority to Clinch,5 say over 100 votes. I have no doubt of his election by at least four thousand. The Democrats made a false move on the Rail Road question,6 which I think will very seriously affect them in the Cherokee counties.7 They made a party question of its abandonment. The Whigs stood up well in the House and tolerably in the Senate. We had to gild the pill a little for them. But I have no doubt but that a large majority of the people are opposed to its abandonment, and since our adjournment I see some of the Democratic papers are inclined to claw off. Even the Columbus Times talks softly on the subject.

The congressional district bill is a fair one. We had to gerrymander a little in order to give the Democrats their third district — the first instance I expect of a party's ever doing that thing for the benefit their opponents. The Senatorial district bill looks strong but is in fact weak — we could have done much better with greater appearance of fairness but every Senator almost was fixing for himself. Crawford8 is much pleased and says we have left him the State government in such condition that if it is not satisfactorily administered it will be his fault. Write me as often as you can. It will give me pleasure to attend to any business for you.
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1 Erroneously dated Jan. 1, 1843, in the original.

2 Of the State legislature.

3 A bill to establish a supreme court for the State of Georgia.

4 Whig.

5 Duncan L. Clinch, Whig candidate for Congress. He was elected in place of John Millen, deceased.

6 The question of completing or abandoning the Western & Atlantic Railroad, then under construction by the State of Georgia.

7 The northwestern portion of Georgia, recently vacated by the-Cherokee Indians.

8 George W. Crawford, then governor of Georgia.

SOURCE: Ulrich Bonnell Phillips, Editor, The Annual Report of the American Historical Association for the Year 1911, Volume 2: The Correspondence of Robert Toombs, Alexander H. Stephens, and Howell Cobb, p. 53-4

Friday, December 27, 2013

From California

SAN FRANCISCO, May 14.

The trial of Judge Hardy, of 16th District Court, ended to-day before the State Senate.  He was convicted by the two-thirds majority required by the constitution, for disloyalty to the Government, in uttering seditious language.  A resolution of expulsion from office passed, 21 to 14.  The various other charges against him, such as corruption in office, drunkenness, &c., were not sustained, although in some cases the majority was against him.  The charge of misconduct in the trial of Judge Terry for Killing Sen. Broderick, failed by the vote.  He was the Judge before whom Terry was acquitted.

– Published in The Davenport Daily Gazette, Davenport, Iowa, Tuesday Morning, May 20, 1862, p. 1

Wednesday, December 18, 2013

Local Matters

NO DISPATCHES LAST NIGHT. – Atmospheric electricity interfered very much with the working of the lines on Saturday, and we have only about one-half our usual dispatches.  We received none at all after dark Saturday.

THE ROCK ISLAND COAL FIELDS. – The Rock Island Argus says that Prof Wilbur, of that State, will be in Rock Island next week, for the purpose of examining the extensive mineral deposits of that county, after which he will deliver a course of free lectures on the subject in Rock Island.  In his examinations he will make a geological survey of Rock river, from Sterling to the mouth.

A NICE PRESENT. – Capt. Trout, of the well-known vegetable stand, on Brady st., first door above Morrison’s flour store, sent us in, Saturday evening, a basket of goodly proportions filled with radishes, onions, asparagus, carrots, pie-plant, &c., topped off, at the bottom, with a layer of lake white fish.  The Captain keeps every vegetable in its season, and if you can’t get what you want of him there is no use of trying further.

ACQUITTED. – We mentioned a few weeks since the arrest by detective Spaulding of one J. S. Bemis, on charge of being an accomplice in the robbing of the treasury of Bremer county of some six thousand dollars.  We understand he had his trial on Monday last, and was acquitted for want of sufficient evidence.  Nowels, of this city has been bound over, and will have his trial in July.  Spaulding, we believe, does not get the reward until the thieves are arrested and convicted.

DOGS. – A little over four hundred of these animals, or rather their owners, have taken advantage of the dog law, and that number of canines are permitted to live another year.  It is gratifying to know that the “big” dogs have not thought it beneath them to comply with the law.  “Abe Lincoln,” Sigel,” etc., are registered and  numbered, and so is “Jeff. Davis.”  The owner of the last named animal explained that he was the worst dog for killing sheep he ever knew: hence his name.

A SELF-VENTILATING REFRIGERATOR. – All new inventions are not necessarily improvements; many, very many, are patented merely for the purpose of selling out again.  When an invention, however, is based on thoroughly scientific and philosophical principles, we may safely call it an improvement.  Of this character is the above refrigerator.  This article is divided into two compartments, in the upper one of which is the ice-box, through which a current of air passes.  This air, falling as it is cooled, passes into the lower chamber where, again falling, it escapes up the sides of the box into the open air.  A steady current of air is therefore always kept up, so that the impurities arising from the meat and vegetables may pass off.  Mr. E. G. Odiorne is the agent for the Refrigerator in this city, and has a glass model at his store to show the philosophy of its workings.  See his advertisement.

FIFTH WARD. – The election in the Fifth ward for Alderman, last Saturday, went charmingly unanimous.  Mr. Walter Kelly received 178 votes, four other individuals receiving each one vote.  It is understood that two of the latter sold out to each other, under a pledge, of either was successful, that he would have Iowa street opened through to the North pole, or as near there as possible.  Of course, such “bribery and corruption” wouldn’t go down with the high-minded voters of the Fifth, and the cunning aspirants will have to turn their thoughts in other directions in order to acquire fame.  We congratulate our old settler, friend Walter, on his popularity, and hope to see him run next for Governor.”

DR. GUILBERT’S LECTURE. – We trust our citizens will generaly attend the public lecture of Dr. Guilbert, of Dubuque, to be given at the Congregational church on Wednesday evening next.  His subject is, “The Hero as Physician; Habnemann, Harvey and Jenner being the types.”  Dr. G. is said to be an orator; a man of fine scholarly attainments, and pleasing address.  If there be truth in the infinitesimal system of medicine, let us have it.  This is an age of progress and we can see no reason that the science of medicine should be centuries behind every other science, when our very lives hinge upon it.
__________

Insurance against fire and the perils of inland transportation, and life insurance, can be had of W. F. Ross, general insurance agent, Metropolitan building, who will not represent any but the most reliable companies.
__________

RELIGIOUS NOTICE.

Preaching at the M. E. Church this (Sabbath) morning at 10½ o’clock by Rev. Mr. Fowler, of Chicago.  Preaching also in the evening as will be announced at the morning services.

– Published in The Davenport Daily Gazette, Davenport, Iowa, Monday Morning, May 19, 1862, p. 1

Thursday, May 2, 2013

Iowa Legislature

(Special to the Hawk-Eye.)

– Des Moines, Jan. 24.

Nothing important in the Senate.


HOUSE. – A resolution was introduced requesting Adjutant General Baker to furnish the House with the names of all the members of the Governor’s staff – compensation of each, and from what funds paid.  Adopted.

Mr. LANE, of Scott, presented a resolution instructing the Committee on Ways and Means to inquire into the expediency of transferring the School Fund monies to the State as a loan, and provides that the State shall pay the annual interest thereon.

Mr. HARDIE, of Dubuque, tried to get up the tabled resolution instructing the committee to report a license law.  Negatived, 77 to 15.

The vote on the special order of 2 P. M. for assuming the Federal tax, vote in favor of the bill stood, ayes 90, nays 2. Kellogg, [of] Decatur and Hardie, of Dubuque, voting against the bill.  The bill provides for the collection of $450,000 each year for the years 1862 and 1863.

The House adopted the bill making the issues of the State Bank of Iowa and Us demand notes receivable of taxes – ayes 71, nays 19.

A provision was also adopted that the bill expires by its on limitation February 1st, 1864.  A good day’s work.


(Special to Burlington Hawk-Eye.)

DES MOINES, Jan. 24, 1862.

Hon. C. C. Carpenter, of Ft. Dodge, has received the appointment of Brigadier Quarter-Master under Brigadier General McKean, in Missouri, secured through the influence of Hon. James W. Grimes.
T. H. S.


DES MOINES, Jan. 25.

HOUSE. – A communication from the Governor in answer to the resolution of the House asking how regimental officers were appointed, was received and read.  The paper is an able one, citing the law of Congress on the subject, and fully justifying the course.  Ordered to be printed.

Also, a resolution of the House, asking how many acres of Railroad land had been certified to the Secretary of the Interior showing there has been seven hundred and twenty sections certified to the Dubuque and Pacific Railroad, by the Governor and his predecessor, and the same amount to the Mississippi and Missouri Railroad.  He has no official notice of the length of the Burlington and Missouri Railroad, and has certified no land to that company.  Passed.


SENATE. – A resolution was presented asking the attention of Congress to the neglected condition of Iowa troops and their want of more surgeons, nurses and hospital stores.

Mr. HARDIE of Dubuque presented a petition forty feet long asking the repeal of the prohibitory and establish a license law.

The Military Committee reported back Mr. Delavey’s resolution asking a reduction of the salaries of commissioned officers, abolishing sutlers, and all except one band to each Brigade.  It will pass.

The Senate spent most of the Session discussing the Post Master question for the Assembly.

The Ways and Means Committee reported back Senator Gue’s bill fixing juror’s fees at one dollar and twenty five cents, and collecting six dollars cost to be paid by the losing party.

– Published in The Burlington Weekly Hawk-Eye, Burlington, Iowa, Saturday, February 1, 1862, p. 4

Sunday, April 28, 2013

Judge Swayne’s appointment confirmed

WASHINGTON, Jan. 24. – In Executive Session the Senate confirmed Judge Swayne as Judge of the Supreme Court, and P. H. Watson as Assistant Secretary of War.

The House Committee on Commerce has before them a question of a reciprocity treaty between the United States and Great Britain.

– Published in The Burlington Weekly Hawk-Eye, Burlington, Iowa, Saturday, February 1, 1862, p. 4

Wednesday, April 3, 2013

From Washington

WASHINGTON, Jan. 24, 1862

It is raining in this miserable city, – it has rained for more than two weeks.  The roads are almost impassable.  I understand the horses on the other side of the Potomac are suffering for want of forage, because it is impossible to carry it in sufficient quantities.  Fever and small pox are prevailing to an alarming extent.  Everybody gets vaccinated, but still everybody trembles.  And it is to this long spell of bad weather, that the wiseacres tell us the slow movements of the army are owing.  Gen. McClellan, they say, contemplated a grand movement of our entire army – the Burnside expedition, the Cairo expedition, the brilliant maneuver in Kentucky, Halleck’s advance in Missouri, that of Rosecrans in Virginia and that of the great army of the Potomac, were to be projected simultaneously.  The plan is frustrated by the weather.  I hope and believe it was so contemplated, for the pressure from the North and from Congress must have forced a forward movement of some kind, but I only give you the rumors, and you can judge.  And by the way, I hear that the member of the cabinet most strenuous for an immediate advance is the Attorney General., Mr. Bates.  Postmaster General Blair has heretofore occupied this position, but it is now occupied by a man whom we have been accustomed to consider and old fogy of the slowest kind.

The war will continue according to General McClellan’s policy, endorsed as it is by the President, and such men as Garrett Davis and Mr. Crittenden.  The story of a conversation between Jim Lane and Mr. Lincoln, in which the latter endorsed the former’s opinions is a most ridiculous hoax.

Judge Swayne of Ohio is appointed to the Supreme Bench to fill the vacancy occasioned by the death of Justice McLean.  The appointment will create some surprise as it was understood no immediate appointments were intended. – But it has been difficult sometimes to obtain a quorum of the Court, and hence the appointment now.  Judge Swayne is an Ohio man, of about fifty years of age, and a Republican of what they please to call conservative tendencies.  If the bill creating another Circuit in the West passes, Senator Browning or Secretary Smith will probably be created a Justice.

The expulsion of Bright is occupying the attention of the Senate.  The charge against him is similar to that of against our illustrious fellow-citizen Gen. Jones, of writing letters to Jefferson Davis, asking him as President of the Confederate States, friendly offices towards a Mr. Lincoln, a new inventor in fire arms.  He will hardly be expelled, (a two-thirds vote being required,) but a majority will probably be recorded against him.

The War Department under Secretary Stanton is at present very active and efficient.  But “as new broom always sweeps clean,” and the present is no indication of the future.  A bill has been posted up, allowing Congressmen Saturdays to transact their business, and the ungloved Public  Mondays, while for the rest of the week the Department is closed to outsiders. – Mr. Stanton says that without such an arrangement he cannot proceed.

A movement is in progress to make a Major General of Brig. Gen. Sigel.  I understand the President favors it as a recognition of the services of our German fellow citizens during the war; their regiments being acknowledged on all hand to be among the most efficient and the best drilled of the troops in the field.

XOX.

– Published in The Burlington Weekly Hawk-Eye, Burlington, Iowa, Saturday, February 1, 1862, p. 2

Tuesday, March 19, 2013

Iowa Legislature

DES MOINES, Iowa, Jan 23d, 1862

Sir:  Thinking a paragraph or two in regard to the doings of the Legislature might be interesting to your numerous readers I employ a leisure moment in noting some of the doings of that body.

To-day quite an animated discussion sprang up on the report of the Committee of Ways and Means recommending that the State assume the collection of payment of Iowa proportion of the twenty millions direct tax voted by Congress.  The arguments urged in favor of this measure are that by assuming the assessment and collection of this tax we not only save the fifteen per cent for collection but will be enabled to equalize the burthens imposed by this tax by taxing alike all property of our citizens, both personal and real whereas should the General Government assess and collect this tax it will be assessed on real estates alone.  If it be as it is urged by some that a large amount will remain delinquent and thus the State will lose more than she will gain by the per cent. allowed, it may be said in reply that a revenue law as stringent as that provided by act of Congress would no doubt secure the collection of most if not the whole amount and finally, patriotism and State pride should prompt us to make great sacrifices to maintain the credit not only of our own State but that of the Nation in this crises of our common country.  Entertaining these views, I have no doubt the Legislature will adopt this measure and that the people will see that the tax is paid at any sacrifice.  They know the worth of our free institutions and are prepared to maintain them at nay sacrifice of treasure and blood.

Connected with this question of taxation is the proposition to receive the U. S. demand notes and notes of our State Bank in payment of taxes which has yet received no action in the House although from indications I am inclined to think our State Bank paper will not be received.

Many resolutions on the subject of the rebellion have been introduced and referred to the Committee on Federal Relations.  When that Committee report[s] we shall no doubt have quite an interesting discussion.

From the number of petitions asking a law to protect sheep from the ravages of dogs, I am inclined to think there will be no quarter shown to poor tray [sic] in time to come.

The prohibitory liquor law receives some considerable action.  Numerous petitions on this subject have already been received and referred to a select committee of nine.  A motion to instruct this committee to report a bill to repeal the present law and substitute therefore a license law was lost by a decided vote.  The indications at present are that the law will remain as at present.

A bill is before the House conferring jurisdiction on County Courts in certain cases.  It gives this Court concurrent jurisdiction with the District Court in civil cases in all sums under $500 and appellate jurisdiction in criminal cases before justices of the peace, in which the justice has power to render a judgment of fine and imprisonment or both.  What disposition will be made of this bill, I am unable to say.

Respectfully yours,
C. J. J.

– Published in The Burlington Weekly Hawk-Eye, Burlington, Iowa, Saturday, February 1, 1862, p. 1

Tuesday, January 22, 2013

Washington Correspondence

WASHINGTON, April 1, 1862.

ED. HAWK-EYE – Dear Sir: Our great army has a multitude of representatives at the hotels and “all quiet on the Potomac” is what I see; at home I only hear it.

There is a desperate effort to prop up the fortunes of Gen. McClellan, yet all agree if he does not gain a great battle, and soon, he must doff his plume and give way to Banks or somebody who defies mud and dares to lead and to die.

This city is to be free, thank God.  The Emancipation bill will pass despite the [money] used to defeat it from Baltimore and the District.  Senator Sumner’s speech was very fine as an historic statement.  He gained good attention for full two hours, and part of the speech I have no doubt, will be read with delight in Iowa.

The Iowa employees so far as I have seen them are a credit to the State, and are gradually being promoted in the Departments.

Mrs. Senator Harlan has just returned from a visit to Port Royal.  Hers was truly a mission of mercy, and at the proper time she will make public facts and theories in regard to the Carolina negroes and what can be done and what ought to be.  In her view it is a great missionary work, and can only be prosecuted by government aid in part, and the banishment of sundry official negro haters who seems to hold the power wherever there is a military occupation by the Union troops.

Senator Harlan is one of the busiest men in Washington.  Ash chairman of the Public Land Committee he is hard at work.  There is a promise of his doing some large work for the State; yet I must not particularize.  The facts will justify a large expectation and time will give more details.

Mr. Grimes has certainly a high rank here as Senator.  The commercial men of New York name him as a Secretary of the Navy, in the event of a place being made by Secretary Welles retirement.  Any one who reads the Globe cannot help seeing that the Governor knows all about this District, and that he must be the worker on the Naval Committee – not to mention the many jobs he spoils by a question, or by a very short telling, insinuating speech.

Who is this man Wilson? asks a member of the House.  I never heard of him before, but he did make a “big speech,” killing a bad Railroad bill.  He was enough for two or three of the most adroit of the old members.

I can say only for our Representative that he got Sorghum exempted from the Tax bill; that he is acting as one of the working men on the Judiciary Committee, and will get a bill for an United States Court, placing Iowa in the center of the District, embracing Missouri, Kansas, Iowa and Minnesota.  Who will consent to be Judge? – on the supreme bench for life.  Have we any man who would take the place?

In the House I noticed how instinctively our Democracy voted against the tax on dogs – but it carried; but they went in for a high tax on pianos, melodeons, &c.  Don’t they love music?

I saw Le Grand Byington, a seeker for a seat in Vandever’s place, hand in glove with the traitor Vallandigham.  It will be a fine thing for him to get mileage and perchance a seat, back by 4,000 traitors votes!  Wilson will make a big fight against him, I guess.

Yours,
_______

– Published in The Burlington Weekly Hawk-Eye, Burlington, Iowa, Saturday, April 12, 1862, p. 1

Saturday, December 22, 2012

A Conscientious Squire

The jokes that have been related concerning the ignorance of backwoods justices are many and good.  When Muscatine was smaller than it is now our oldest inhabitants will remember the old fellow who kept a “law shop” near where Butler’s Block now stands.  We’ll call him Stubbs for short.  Now Stubbs had a fellow brought before him; just after his appointment, charged with stealing a watch.  Persons swore they saw him take the article and other witnesses swore positively that the prisoner at the time the watch was stolen was at least fifty miles away.  On summing up the evidence, Old Stubbs was in a quandary.  Finally he arose and with a great deal of reluctance told the prisoner that according to the evidence on the side of the prosecution he should be obliged to fine him five dollars.  But as the defense had established an alibi, and he could not conscientiously cause an innocent man to suffer he would pay the fine himself, which he actually did, remarking that this was the most extraordinary case that had ever come to his knowledge.

This same old Stubbs once went on a spree with several friends and was terrible drunk for two or three days.  After he got sobered off he arrested his companions and fined them five dollars each for intoxication and disturbing the peace.  As soon as the trial was concluded he commanded the constable to arrest Stubs immediately.  The constable read the warrant.  Stubbs pled guilty and fined himself five dollars and costs of suit.  The record stands on the docket to this day. – {Muscatine Journal.

– Published in The Burlington Weekly Hawk-Eye, Burlington, Iowa, Saturday, April 5, 1862, p. 2

Decision Of A $250,000 Land Suit

The Supreme Court of the United States at Washington, recently made a final decision in the case of Joseph Darst, James P. Harkness and Maria Harkness against Isaac Underhill relative to the title to about forty acres of land lying on North Madison and Monroe streets in Underhill’s addition to Peoria.  The value of the land is some $250,000, and the matter has been in litigation for some eight or ten years.  The case was decided a year or two ago in the United States District Court at Chicago, in favor of Mr. Underhill, and taken up to the Supreme Court by the other parties. – The latter court now affirms the decree of the lower Court, placing Mr. Underhill in full and quiet possession of the property. –{Peoria Transcript.

– Published in The Burlington Weekly Hawk-Eye, Burlington, Iowa, Saturday, April 5, 1862, p. 2

Saturday, July 28, 2012

Local Matters


TAX SALE MONDAY, FEB. 3RD. – City orders for sale by C. H. Kent & Co., Land Agents, over the post office.

RUNNING AGAIN. – The Wawautosa Mills, in East Davenport, have commenced running again, having been stopped, as mentioned at the time, by the breaking of a cylinder head of the engine.

IF the lady, who sends us a notice of the death of an officer in a New York Regiment, will do us the favor to call upon us and remove some doubts from our mind, we will reciprocate by complying with her request.

DENTISTRY. – Messrs. Newell & Charles have removed their dental rooms to those formerly occupied by Dr. Chesebrough, corner of Third and Brady streets, as will be seen by advertisement.

NATIONAL ARMORY. – Speaking of the “latter-day” effort made by the Keokuk paper in favor of that point as a site for the Armory, the Dubuque Herald says: “The place for the Armory, is Rock Island, and that place it should be located for every reason which can be suggested in favor of having an Armory located in the Northwest.”

WE are informed by the Marshal that the inmates of the Anthony House vacated the premises and left for Davenport last evening.  That is the resort for all such characters. – R. I. Argus.

Danforth is posted.  As our authorities now know where “such characters” come from, they should keep a good lookout for them.

CORNMEAL. – We are indebted to C. E. Converse, cor. Of Harrison and Fifth streets, for a couple bags of superior cornmeal made from corn dried in his new grain dryer.  The good wife had heard, in some way, of the improved meal and was anxious to try some when we surprised her with a liberal supply of it.  Visions of corn cakes appeared instantly, and the next morning the articles themselves.  We have always had a fondness for corn cakes and know a good article of them.  Our advice to others is, to try the cornmeal.

CHOICE OF GRAPE VINES. – Dr. J. Hall is getting up a club for the purpose of procuring hardy and choice grape vines at wholesale prices from Dr. C. W. Grant, of N. York. – Those who wish to treat themselves and families to this sure and most delicious of fruit, can be furnished with vines at cost and carriage by contributing to the club such sum as they may desire to appropriate for that object.  Orders and cash can be left at N. Jordan’s grocery, on Second street, any time before the 5th of March, where, at the same time, any one anxious for information respecting the best king of vine and method of cultivation, can see Dr. Grant’s illustrated catalogue.

PATENT LOCKS. – The time for paying box rent at the Postoffice having expired a day or two since, some expedient seemed necessary to further remind delinquent box holders of the state of the case.  They would take away their letters daily, and yet remains oblivious of their promise to pay.  Charlie invested in some hooks that could be easily fasted to the inside of the box doors and keep then closed, without being seen by the unsuspecting victims without.  With the arrival of the Eastern mail, the lobby of the office was crowded as usual by citizens after mail matter, they saw the letters slipped into their boxes and naturally sought to get them, when a mystery arose; they who had paid box rent had no trouble, but the others would pull at the door, examine the key, then try again, until ‘smelling a rat’ they would desist.  The real state of the case becoming known the wiser ones would go to the delivery window and ask for their letters and arrange their little indebtedness, while others vented their vexations in left-handed compliments on all concerned.  We think this new lock a decided improvement and worth patenting. – A silver key will readily open it, and inspire at the same time an agreeable sense of freedom from pecuniary obligation.

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PRINCETON TOWNSHIP, Jan. 29th, 1862.

DEAR GAZETTE:  A petition has been set on foot in this section, begging the Legislature assembled, (in accordance with the recommendation of the Governor) to enact laws for the protection of sheep and wool-growing in this State, by the levying of a dog law or tax on all dogs, the proceeds of such tax to defray the just losses and sustained by the farmer, so far as any of his flock are destroyed by dogs; and also for the material increase of premiums offered for the capture of wolves.  Through the medium of your valuable paper if you would exert your influence to have farmers in different localities institute similar proceedings, I have no doubt it would result in incalculable benefit to all, within the limits of the true, energetic and loyal young State of Iowa, in rendering her truly a stock-raising country; as every one ere this must know it is our only alternative, from wheat raising to prosperity.

Yours Truly,
W. C. M.


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DISTRICT COURT

SPECIAL TEARM

HON. JOHN F. DILLON, Judge.
IRA M. GIFFORD, Clerk.

SATURDAY, February 1

Court opened at 9 o’clock.  The counsel in the case of Ira F. Smith vs. L. Grabbe proceeded to the argument, and the case was submitted to the jury.  The jury returned a verdict in favor of plaintiff for $145.  Defendant moved for a new trial.  Bennett and Patton , for pltff.; Parker & Edwards for deft.

Thos. L. Dawson, Esq., was admitted to the Scott County Bar.

Thereupon the Court adjourned sine die.

The regular term of the District Court begins next Monday, Feb. 3d.  The first week will be devoted to civil actions.

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“MONSIEUR TONSON COME AGAIN.” – The veritable ‘Charles Theodore,’ brother of Heintzelman, own cousin of Rosencranz, Sigel’s particular friend, Crimean hero, Price of Clarendon, &c., (by his own account); arrested in St. Louis, Davenport, Chicago and Dubuque as a traitor and spy, at different times, and also at the last place for matrimonial and financial swindling – has again turned up, and this time has ‘turned in’ to jail.  Last week he was arrested at Dubuque for stealing a trunk, but was acquitted for want of sufficient testimony, although he had acknowledged the theft.  He was afterwards arrested for stealing a watch, and this time the evidence was so strong he had to plead guilty.  He is to lie in jail thirty days for it, when the  ‘locals’ will again have his aid.  Charles Theodore is a little gentleman of German descent, quite young, and very innocent looking. – Some months ago he was arrested by the Adj. General here as a traitor spy.  The chap was in fancy uniform, and wore a medal which he said was given him for gallant serviced in the Crimean war!  His stories were very inconsistent, and evidently lies throughout.  He was advised to leave the city at once.  He again made his appearance in the city a short time since, having been recruited in a Dubuque company now at Camp McClellan.  Directly the Colonel heard of his presence he had his uniform stripped off, and ordered him out of camp, with severe penalties threatened in case of his return.  Charles Theodore took the hint, left the camp and the city, and returned to Dubuque.  Some suspect him of being insane, but there is entirely too much method in his madness.  He is sharp and stupid at the same time, and a gay little deceiver among both men and women.  He should be kept under lock and key, and should be where he might be compelled to do some hard work, such as cracking stone, for instance.

Since writing the above, we observe by the Journal, that Mr. Charles Theodore has turned up in Chicago!  How he ever escaped the clutches of the law in Dubuque is a mystery.  Last week he was arrested in the latter city, and put in jail for stealing a watch; as the Times remarked at the time he was strapped, broke, busted, played out, penniless, impecunious, and out of money.  This week he turns up in Chicago, a Major in full uniform, gold leaf, shoulder straps, sword and everything complete, with a lady hanging on his arm, for whom he was buying an outfit with the intention of marrying that evening, and strangest of all, with one hundred and forty-nine dollars and seventy-five cents, mostly in gold coin, in his pockets!  He must have made a speedy escape and a good haul from the time of being incarcerated at Dubuque.  The Major was immediately ‘cashiered’ by Superintendent Bradley, of the police, and ‘mustered out of the service.’

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COLD WEATHER. – The last two or three days the denizens of this region have experienced severely cold winter weather.  On Thursday morning the mercury was about ten degrees below zero, Friday was milder, but Saturday the Mercury again sank a few degrees below the cipher.

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ADJUTANT GENERAL’S OFFICE,
Of the State of Iowa,
DES MOINES, January 11th, 1862.

There is now an opportunity to raise two companies for the 16th Iowa Volunteer Infantry.

Persons desiring recruiting commissions for that purpose will make immediate application to me at Des Moines, presenting such recommendations as they deem proper.

N. B. BAKER,
Adj. Gen’l of Iowa
Jan14 dw8w

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DIED.

Suddenly of Convulsions, MARY JANE, infant daughter of J. H. and A. M. PRESTON, aged two months.

The friends of the family are requested to attend the funeral at 3½ o’clock this (Sunday) afternoon from Trinity Church, corner of 5th and Rock Island streets.


– Published in The Davenport Daily Gazette, Davenport Iowa, Monday Morning, February 3, 1862, p. 1

Thursday, July 19, 2012

The Supreme Court


WASHINGTON, March 11. – The Supreme Court will not hear the argument of any case after Thursday the 20th inst., or any motion after Friday the 21st.  The Court intends to adjourn on the 25th of March.

– Published in The Burlington Weekly Hawk-Eye, Burlington, Iowa, Saturday, March 15, 1862, p. 4

Monday, July 16, 2012

John M. Brannan has filed a petition . . .

. . . in the Circuit Court of the District of Columbia, braying for a divorce from his wife Eliza Brannan, on the ground of adultery, committed with Powell T. Wyman.  Mrs. Brannan is the lady who disappeared mysteriously from Staten Island in July, 1858, and the other party implicated is the Colonel whose appointment, by Governor Andrew of Massachusetts, was made the subject of a sharp discussion in the spicy correspondence between the Governor and Gen. Butler, which was laid before the legislature.

– Published in The Burlington Weekly Hawk-Eye, Burlington, Iowa, Saturday, March 15, 1862, p. 4

Sunday, June 3, 2012

Gen. Grant’s Declaration of Martial Law in Tennessee -- Order of Gen. Smith


HEADQUARTERS DISTRICT WEST TENNESSEE,
FORT DONELSON, Tenn., Feb. 27.

General Order No. 7 – Extract.}

Tennessee having, by her rebellion, ignored all the laws of the United States, no courts will be allowed to act under State authority, but all cases coming within the reach of the military arm will be adjudicated by the authorities the government has established within the State.

Martial law is, therefore, declared to exist over West Tennessee; and whenever a sufficient number of citizens return to their allegiance to maintain law and order over the territory, the military restriction here indicated will be removed.

By order of Major General U. S. Grant,

JOHN A. RAWLINS,
Assist. Adjt. Gen.


FORBIDDING THE SALE OF LIQUOR

HEADQUARTERS 2D DIVISION, DIST. OF WEST TENN.,
CLARKSVILLE, Tenn., Feb. 24.

General Order No. 11.}

The sale of any [spirituous] or intoxicating liquors in any quantity is prohibited.  Should any one violate this order he will be placed under guard for trial by court martial, and his liquor seized and held for hospital purposes.

By order of Brigadier Genera. C. F. Smith,

THOS. J. NEWSHAM,
Assist. Adjt. Gen.

– Published in The Burlington Weekly Hawk-Eye, Burlington, Iowa, Saturday, March 15, 1862, p. 1

Monday, April 30, 2012

Clerk’s Office, Supreme Court, Iowa


DES MOINES, February 26, 1862.

Pursuant to law and order of Court, I have arranged the causes for the Argument Term of the Supreme Court of Iowa, to be held at Davenport, on the First Monday (7th day) of April, 1862, as follows:

9TH DISTRICT. – The causes from the counties of Dubuque, Delaware, Buchanan, Black Hawk and Bremer, will be docketed for four days commencing on Monday the 7th day of April.

10TH DISTRICT. -  The causes from the counties of Clayton, Chickasaw, Howard, Alamakee, Fayette, Floyd, Winnesheik, Hancock, Mitchell, Butler, Worth and Cerro Gordo, will be docketed for two days, commencing on Friday the 11th day of April.

8TH DISTRICT. – The causes from the counties of Johnson, Linn, Benton, Washington, Tama, Cedar, Jones, and Iowa will be docketed for three days commencing Monday the 14th day of April.

1ST DISTRICT. – The causes from the counties of Lee, Des Moines, Louisa, Henry, Van Buren and Jefferson will be docketed for three days, commencing on Thursday the 17th day of April.

7TH DISTRICT. – The causes from the counties of Scott, Muscatine, Clinton and Jackson, will be docketed for three days, commencing on Monday the 21st day of April.

In testimony whereof, I have hitherto affixed my name and seal of said court, done at the city of Des Moines this 16th day of February, 1862.

LEWIS KINSEY, Clerk.

– Published in The Burlington Weekly Hawk-Eye, Burlington, Iowa, Saturday, March 8, 1862, p. 2

Sunday, March 25, 2012

List of Acts Passed by the Legislature of the State of Iowa

1.     An Act assuming the collection and payment of the Quota apportioned to this State of the direct tax annually laid upon the United States, by the Act of Congress, approved August 5th, 1861, and authorizing notice thereof to the Secretary of the Treasury of the United States.

2.     An act fixing the times for holding Courts in the Fifth Judicial District of the State of Iowa

3.     An Act to change the times of holding Courts in the Eighth Judicial District of the State of Iowa.

4.     An Act to provide for the preservation of Trout in the waters of the State.

5.     An Act to authorize the Deputy Clerk of the District Court to act instead of his principal in certain cases; and to legalize certain acts heretofore done.

6.     An Act to abolish the Board of Commissioners of the Insane Asylum.

7.     An Act to appropriate money for the relief of sick and wounded soldiers among the Iowa Volunteers.

8.     An Act legalizing certain acts of Louis Case, Notary Public.

9.     An act to confirm and legalize the acts of John W. Thompson, as a Notary Public, in and for Scott County.

10.   An Act to legalize the acts of Joseph T. Knapp, a Notary Public.

11.   An Act to repeal Chapter 80 of the laws of the 8th Session of the General Assembly, passed March 30th, 1860, entitled “An Act to provide for the establishment of a Commissioner in the City of New York, to promote immigration to the State of Iowa.”

12.   An Act to legalize the acts of certain persons therein named, in the establishing of a certain state road.

13.   An Act relating to the incorporation of the Fayette Seminary, now known as Upper Iowa University.

14.   An Act to amend An Act entitled “An Act to provide for the authentication, publication and distribution of the Acts, Rules and Regulations of the Board of Education,” passed December 19th, 1861.

15.   An Act in relation to Juror’s Fees.

16.   An Act making appropriations for the payment of the per diem of the members and officers of the Ninth General Assembly.

17.   An Act to provide for the payment of taxes, and the interest, and principal of the School fund in Treasury demand notes, issued by the authority of the Government of the United Sates, and the notes issued by the several branches of the State Bank of Iowa.

18.   An Act to legalize the levy of certain taxes for School House purposes, in District No. 2, in the District Township of Huron in Des Moines County

– Published in The Burlington Weekly Hawk-Eye, Burlington, Iowa, Saturday, March 1, 1862, p. 2

Monday, February 27, 2012

A Deer Hunt

A deer hunt, a “bit of a row” and a law suit occurred since our list issue.

On last Saturday afternoon a deer which had been hunted and wounded, passed leisurely through town.  As it was making its way out on the prairie, a Teutonic gentleman mounted a fleet nag and gave chase; all the gentlemen of leisure followed him – some mounted on blooded stock, and some on scrubs, others on Pike’s Peak mules –

“And ran like swallows o’er the plain.”

The pursuers were armed with clubs, shotguns, revolvers and rifles.  There was not the least hope of escape for the deer, but it limped onward with creditable speed until it reached a belt of timber on Turkey creek, where it was surrounded.  A miscellaneous volley was fired at it by the armed hunters.  Every shot told within several rods of the animal.  The dose was repeated, with the same effect.  The excitement at this stage of the contest was high and still going upward.  At last a chance shot brought the “dainty doe to the ground.”  A half dozen or so of the gallant hunters quickly seized the prostrate animal, and with clubs and knives took the remainder of its life, amid shouts of triumph.  The hunters who then returned home, stripped the pelt off the game, bathed their hands and stained their garments in blood.  This done, the game was divided, Teuton getting the hide.

Shortly afterwards the man who had started and wounded the dear came along, and finding the hide, took it into his possession, under the law of “hunters’ right.”  This enraged the gentleman of “sweet accent,” who demanded his “slick hite,” accompanying the demand with loud expletives and vehement gestures, but did not commit any bodily injury.  After much “noise and confusion,” he recovered it by arbitration and good luck.  He was afterwards arrested for “raising a disturbance,” in Mr. Jones’ store.  He was tried in the Court House on Monday.  A host of witnesses were examined.  The lawyers made learned speeches on common and uncommon law.  The jury hung.  The lawyers pocketed the fees.  The prosecution was dropped; and the clients were amazed at the cost of hunting and lawsuits.  Thus ended the dearest deer hunt within the recollection of “the oldest inhabitant.” – {Cass County Gazette.

– Published in The Burlington Weekly Hawk-Eye, Burlington, Iowa, Saturday, February 22, 1862, p. 2

Friday, February 10, 2012

A Court In Custody

The Uniontown (Ky.) News of the 17th instant, says:

On last Tuesday a strong party of Federal cavalry arrived at Marion, Crittenden county, where Judge Fowler was holding Circuit Court and the officer in command demanded that the Judge and members of the bar present should take an oath to be administered by him.  On learning the nature of the oath the judge stated that it was unconstitutional, and he could not take it.  The attorneys present also declined for the same reason.  Among the lawyers so refusing were Messrs. Hiram E. Elroy, Benjamin P. Cissel and Daniel Hughes of Morganfield and Messrs. Bunch and Vance, of Henderson.  On their refusal they were all arrested and required to give bond in $10,000 each to be present in Paducah in a few days to attend the U. S. Court, to answer for their offense.

– Published in The Burlington Weekly Hawk-Eye, Burlington, Iowa, Saturday, May 31, 1862, p. 3

Wednesday, January 25, 2012

Grand Larceny, Burglary, And Arson

G. W. Lee, whose arrest was mentioned yesterday, was brought before Justice Overton for trial yesterday.  The result of the examination was the holding of Lee on bonds of one thousand dollars to answer the charge of Grand Larceny – stealing two trunks in value over twenty dollars.  Also in bonds of five hundred dollars for burglary – breaking into the Depot of the B. & M. R. R., and in nominal bonds of two hundred and fifty dollars for arson – attempting to set fire the Depot building.  He was committed to await the sitting of the District Court.  His accomplice has not yet been arrested.

– Published in The Burlington Weekly Hawk-Eye, Burlington, Iowa, Saturday, May 31, 1862, p. 2

Tuesday, January 24, 2012

Another Case Of Selling Unwholesome Meat

An aggravated case of this kind was brought before justice Marble yesterday.  The defendants were John Webber and Coonrod Trau, who are partners.  These parties were accused of selling meat from the carcass of an ox that had lain from four to six days in the sun, suffering from a broken thigh.

The testimony showed that the ox had lain with a broken thigh near the depot of the B. & M. R. R. for nearly a week, eating but little during that time, and becoming thoroughly diseased; that the defendants had then butchered it and brought only half the carcass to market, the remaining portion being too much decomposed to escape detection.  The portion exposed for sale, was, according to the witnesses, “yellow as saffron,” and absolutely poisonous, but was unhesitatingly sold to several citizens.

The jury were but a short time rendering a verdict of “guilty,” and the Justice imposed the highest fine required by law, one hundred dollars, and costs of suit.

– Published in The Burlington Weekly Hawk-Eye, Burlington, Iowa, Saturday, May 31, 1862, p. 2