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 BAILEY 221 the defendant be held to bail in a specified sum. Although on giving bail the defendant is set at liberty, he is supposed to be constantly in the custody of his sureties, who may, at any time before their liability has been fixed by forfeit- ure of the condition of their obligation, arrest and surrender him into custody in exoneration of themselves. "Common bail" is fictitious bail supposed to be entered by the defendant in cases where special bail is not required, or which the plaintiff enters for the defendant if he makes default. In criminal cases it is pro- vided by the statute 1 William and Mary, and also by the constitutions of the United States and of the several states, that excessive bail shall not be required; but what is excessive bail must be left to the judgment of the offi- cer or court empowered to decide upon it. Formerly the accused party was not allowed to give bail in cases of felony, but now he is permitted to do so except in cases of the highest crimes, and even then unless the proof of guilt is apparent or the presumption great. The undertaking of the sureties is for the appearance of the defendant to abide the order of the court, and is in the form of a re- cognizance. The term bail is also sometimes applied in law to those who become sure- ties for a party for the payment of money or the performance of some other act, in cases where no arrest has been or could be made. BAILEY, Gamaliel, an American journalist, born at Mount Holly, N. J., Dec. 3, 1807, died at sea, June 5, 1859. He studied medicine in Philadelphia, taking his degree in 1828. After making a brief visit to China in the capacity of physician to a ship, he began his career as an editor in Baltimore, in conducting the " Meth- odist Protestant." In 1831 he removed to Cincinnati, and in 1836 joined James G. Birney in conducting the first anti-slavery newspaper in the West, the "Cincinnati Philanthropist." During the first year their printing establish- ment was twice assailed by a mob, the press thrown into the Ohio river, and the books and papers burned. In 1841 his press was again destroyed by a mob, but he continued the pub- lication of his paper in Cincinnati till after the presidential election of 1844. He was after- ward selected to be the editor of a new anti- slavery paper at Washington, under the auspices of the American and foreign anti-slavery so- ciety, and the " Philanthropist " became merged in the "National Era," the first number of which appeared Jan. 1, 1847. In 1848 he had his last conflict with popular violence, when a mob for three days besieged his office. The "Era" was an influential organ of the anti- slavery party, and had some literary preten- sions. It was the medium for the first publi- cation of Mrs. Stowe's " Uncle Tom's Cabin." At the time of his death Dr. Bailey was on a voyage to Europe for the benefit of his health. BAILEY, Jaeob Whitman, an American natu- ralist, born at Ware, Mass., April 29, 1811, died at West Point, N. Y., Feb. 27, 1857. He j in 1832, and was appointed lieutenant in the artillery. After passing six years at several military stations in Virginia and Carolina, he was appointed professor of chemistry, botany, and mineralogy at the military academy in 1839. He was especially distinguished as a microscopist. He published a volume of " Mi- croscopic Sketches" containing about 3,000 original figures, and gave much attention to the minute animal and vegetable organisms at that time all included under the general term infusoria, and to the whole family of algss. Among the principal subjects of his research were the fossil deposits of Richmond and Peters- burg in Virginia, the rice fields of the South, and the dredgings of the coast survey and of the line of soundings across the Atlantic, made by Lieut. Berryman in reference to the laying of the telegraphic cable. He made a micro- scopical collection of more than 3,000 objects, fixed upon slides, catalogued, and marked. His collection of algae was equally complete, con- sisting of about 4,500 specimens, systematically arranged in portfolios. These collections, to- gether with all his books on botany and micros- copy, his sketches, scientific correspondence, and a large store of rough material from the localities he had studied, he bequeathed to the Boston society of natural history. He also made improvements in the microscope. BAILEY, or Bally, Nathan, an English lexicog- rapher, a schoolmaster at Stepney, near Lon- don, died in 1742. His most important publi- cation was an " Etymological English Diction- ary " (2 vols. 8vo, London, 1726 ; 2d ed., 1737 ; best ed., by J. Nicol Scott, folio, 1764), which furnished the basis of Dr. Johnson's famous work. He was the author also of a Dictiona- rium Domesticum, and of several school books. BAILEY, Philip James, an English poet, born in the parish of Basford, Nottinghamshire, April 22, 1816. He assisted his father, Thomas Bailey, in editing the " Nottingham Mercury," and also studied law, being called to the bar in London in 1840; but his poem of "Festus," finished in 1836 and published in 1839, hav- ing attracted great attention, he devoted him- self to literature. He has since published "The Angel World" (1850); "The Mystic" (1855); "The Age: Politics, Poetry, and Crit- icism " (1858) ; and " International Policy of the Great Powers" (1861). BAILEY, Samuel, an English philosopher, born in Sheffield in 1791. He was a banker foi many years, and has spent his whole life in Sheffield. He attracted great attention by his " Essays on the Pursuit of Truth and on the Progress of Knowledge" (1821), and "Essays on the Formation and Publication of Opinions" (1829). Among his later works are: "The Theory of Reasoning" (1851); "Discourses on Various Subjects, Literary and Philosophical " (1852); "Letters on the Philosophy of the Human Mind" (1855-'63); and "On the Re- ceived Text of Shakespeare's Dramatic Writ-
 * graduated at the West Point military academy