ng 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. s. 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_. s. 1016).

[1] The ultimate origin of this and cognate words is the Lat. _bajulus_,
properly a bearer of burdens or porter, later a tutor or guardian, and
hence a governor or custodian, from which comes "bailiff"; from _bajulare_
is derived the French _bailler_, to take charge of, or to place in charge
of, and "bail" thus means "custody," and is applied to the person who gives
security for the appearance of the prisoner, the security given, or the
release of the prisoner on such security.

BAILEN, or BAYLEN, a town of southern Spain, in the province of Jaen; 21 m.
by road N. of the city of Jaen. Pop. (1900) 7420. Bailen 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 Bailen, signed at Andujar 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,