bail-bond, which was prepared in the sheriff's office after arrest, and executed by two sufficient sureties, and the person arrested.
In admiralty proceedings in rem, bail is often required for procuring the release of arrested ships or cargo. It is also given without the arrest of the ship, as a substitution of personal security for that of the res, generally in an amount to cover the claim and costs.
In the United States, bail (in a sum fixed by the committing magistrate) is a matter of right in all cases where a sentence of death cannot be inflicted (Rev. Stat. § 1015). In those where such a sentence can be inflicted, it may be allowed by one of the judges of the United States courts at his discretion (ibid. § 1016).
BAILÉN, or Baylén, a town of southern Spain, in the province of Jaén; 21 m. by road N. of the city of Jaén. Pop. (1900) 7420. Bailén is probably the ancient Baecula, where the Romans, under P. Cornelius Scipio the elder, signally defeated the Carthaginians in 209 and 206 B.C. In its neighbourhood, also, in 1212, was fought the great battle of Las Navas de Tolosa, in which, according to the ancient chroniclers, the Castilians under Alphonso VIII, slew 200,000 Moors, and themselves only lost 25 men. Although this estimate is absurd, the victory of the Christians was complete. The capitulation of Bailén, signed at Andújar by the French general Dupont, on the 23rd of July 1808 after several days' hard fighting, involved the surrender of 17,000 men to the Spaniards, and was the first severe blow suffered by the French in the Peninsular War.
BAILEY, GAMALIEL (1807-1859), American journalist, was born at Mount Holly, New Jersey, on the 3rd of December 1807. He graduated at the Jefferson Medical College in Philadelphia in 1827. After editing for a short time a religious journal, the Methodist Protestant, at Baltimore, he removed in 1831 to Cincinnati, Ohio, where at first he devoted himself almost exclusively to the practice of medicine. He was also a lecturer on physiology at the Lane Theological Seminary, and at the time of the Lane Seminary debates (February 1834) between the pro-slavery and the anti-slavery students, and the subsequent withdrawal of the latter, he became an ardent abolitionist. In 1836 he joined James G. Birney in the editorial control of the Philanthropist; in the following year he succeeded Birney as editor, and conducted the paper in spite of threats and acts of violence—the printing-office being thrice wrecked by a mob—until 1847. From 1843 also he edited a daily paper, the Herald. In 1847 he assumed control of the new abolitional organ, the National Era, at Washington, D.C. Here also his paper was the object of attack by pro-slavery mobs, at one time in 1848 the editor and printers being besieged in their office for three days. This paper had a considerable circulation, and in it, in 1851-1852, Mrs. H. B. Stowe's Uncle Tom's Cabin was first published. Bailey died at sea in the course of a trip to Europe on the 5th of June 1859.
BAILEY, NATHAN or Nathaniel (d. 1742), English philologist and lexicographer. He compiled a Dictionarium Britannicum: a more compleat universal etymological English dictionary than any extant, bearing the date 1730, but supposed to have been published in 1721. This was a great improvement on all previous attempts, and formed the basis of Dr Johnson's great work. Bailey, who was a Seventh-day Baptist (admitted 1691), had a school at Stepney, near London, and was the author of Dictionarium Domesticum and several other educational works. He died on the 27th of June 1742.
BAILEY, PHILIP JAMES (1816-1902), English poet, author of Festus, was born at Nottingham on the 22nd of April 1816. His father, who himself published both prose and verse, owned and edited from 1845 to 1852 the Nottingham Mercury, one of the chief journals in his native town. Philip James Bailey received a local education until his sixteenth year, when he matriculated at Glasgow University. He did not, however, take his degree, but moved in 1835 to London and entered Lincoln's Inn. Without making serious practice of the law he settled at Basford, and for three years was occupied with the composition of Festus, which appeared anonymously in 1839. Its success, both in England and America, was immediate. It passed through a dozen editions in the country of its birth, and nearly three times as many in the United States; and when in 1889 its author was able to publish a “Jubilee Edition,” he could feel that it was one of the few poems of its time which was known to both the older and the younger generations. Its author is known almost exclusively by his one voluminous poem, for though Bailey published other verses he is essentially a man of one book. Festus has undergone many changes and incorporations, but it remains a singular example of a piece of work virtually completed in youth, and never supplanted or reinforced by later achievements of its author. It is a vast pageant of theology and philosophy, comprising in some twelve divisions an attempt to represent the relation of God to man and of man to God, to emphasize the benignity of Providence, to preach the immortality of the soul, and to postulate “a gospel of faith and reason combined.” It contains fine lines and dignified thought, but its ambitious theme, and a certain incoherency in the manner in which it is worked out, prevent it from being easily readable by any but the most sympathetic student. Bailey died on the 6th of September 1902.
BAILEY, SAMUEL (1791-1870), British philosopher and author, was born at Sheffield in 1791. He was among the first of those Sheffield merchants who went to the United States to establish trade connexions. After a few years in his father's business, he retired with an ample fortune from all business concerns, with the exception of the Sheffield Banking Company, of which he was chairman for many years. Although an ardent liberal, he took little part in political affairs. On two occasions he stood for Sheffield as a “philosophic radical,” but without success. His life is for the most part a history of his numerous and varied publications. His books, if not of first-rate importance, are marked by lucidity, elegance of style and originality of treatment. He died suddenly on the 18th of January 1870, leaving over £80,000 to the town of Sheffield. His first work, Essays on the Formation and Publication of Opinions, published anonymously in 1821 (2nd ed., 1826; 3rd ed., 1837), attracted more attention than any of his other writings. A sequel to it appeared in 1829, Essays on the Pursuit of Truth (2nd ed., 1844). Between these two were Questions in Political Economy, Politics, Morals, &c. (1823), and a Critical Dissertation on the Nature, Measure, and Causes of Value (1825), directed against the opinions of Ricardo and his school. His next publications also were on economic or political subjects, Rationale of Political Representation (1835), and Money and its Vicissitudes (1837), now practically forgotten; about the same time also appeared some of his pamphlets, Discussion of Parliamentary Reform, Right of Primogeniture Examined, Defence of Joint-Stock Banks. In 1842 appeared his Review of Berkeley's Theory of Vision, an able work, which called forth rejoinders from J. S. Mill in the Westminster Review (reprinted in Dissertations), and from Ferrier in Blackwood (reprinted in Lectures and Remains, ii). Bailey replied to his critics in a Letter to a Philosopher (1843), &c. In 1851 he published Theory of Reasoning (2nd ed., 1852), a discussion of the nature of inference, and an able criticism of the functions and value of the syllogism. In 1852 he published Discourses on Various Subjects; and finally summed up his philosophic views in the Letters on the Philosophy of the Human Mind (three series, 1855, 1858, 1863). In 1845 he published Maro, a poem in four cantoes (85 pp., Longmans), containing a description of a young poet who printed 1000 copies of his first poem, of which only 10 were sold. He was a diligent student of Shakespeare, and his last literary work was On the Received Text of Shakespeare's Dramatic Writings and its Improvement (1862). Many of the emendations suggested are more fantastic than felicitous.
The Letters contain a discussion of many of the principal problems in psychology and ethics. Bailey can hardly be classed as belonging either to the strictly empirical or to the idealist school, but his general tendency is towards the former. (1) In regard to method, he founds psychology entirely on introspection. He thus, to a certain extent, agrees with the Scottish school, but he differs from them in rejecting altogether the doctrine of mental faculties. What have been designated faculties are, upon his view, merely classified