ft"JUUJ.U'LVJlLltUt.ri!lUUl.'..U.ll'gJlB;i.L:
THE COLUMBIAN, BLOOMSBUHG, FRIDAY, JANUARY 4, 1867.
Into tho Union. As long m tholf JW
plo nro content With their tcrtUnrlal
condition mid do not apply to Ixmlmtt
ted, I do not think wo tftko tiro Inltla
1 ve. IJwt (hen tho people of Nw Mex
ico aro nn unprogresalvo people; that
Territory has been a Croat Whllo inhab
ited, lone belbro Xebraeka was over
heard of us o Territory, and most of
the people aro Spanish. It does not fill
up very rapidly, I do not supposo It
lias innny moro Inhabitant now than
H had thirty years ago. Tho slmplonn
Bwcr to tho suggestion, howover, Is
that thoy have not applied to ho ad
mitted. Mr. BUCK ALEW. Tho Senator has
forgotten that I alluded to tho diet that
thero waa lie, formal appllcntlonby those
Territories for which ho reported ena
bling acts in leoi,
Mr. WADE. Thero woro petition. ;
and their delegates urged It upon us
over and ovor again In regard to both
theso Territories.
Mr. BUCKALEW. If tho Senator
will look back to the Congressional
Qlobo, to lila own declarations, ho will
boo that he Is mistaken. Tho facts thnt
ho now allegea may havo existed
inthocoso of one of them, but did not
In tho cases of tho others. Thero wcro
public reasons which in tho opinion ot
tho Senator Justified that legislation,
nnd therefore ho Introduced It. It was
not tho demand of tho people ; It was
not tho clamor of a border population
that moved him ; it was considerations
of public policy in this Government.
Upon the debate on tho Nebraska ena
bling act, April 12, ISO 1 , tho Senator
from Connecticut Mr. Foster Inquired
whether tho peoplo'of tho Territory had
asked to bo admitted ns n Stnte, and ar
gued that tho Senate should bo satisfied
that a majority of tho peoplo desired it
To this tho Senator from Ohio Mr.
"Wade answered, that tho pooplo of tho
Territory had a Delegato In the Houso
of Representatives who, ho supposed,
fairly represented their will aud their
wishes. That tho Delegato ought to
know whether tho peoplo wanted It or
not j that ho had no doubt tho Delegate
"fairly represented tho people thore ;
but whether he did or not tho bill only
presented to tho people tho opportunity
of taking upon themselves a State gov
ernment, If thoy saw fit to do so. If
they did not want n Stato government
they were not obliged to havo It." Tho
conclusion, then, Is clear, from this de
bate in tho Ulobo, that thero was no for
mal application beforo tho Senate by
petition, memorial, or othorwiso for tho
passage of tho enabling act. Tho Sena
tor from Ohio put tho question entirely
upon tho advocacy of tho measure by
tho Delegato from tho Territory In tho
Ilouse.
Here, then, Is tho case of New Mexi
co, with a population of 100,000. To bo
euro theso peoplo aro Mexicans ; but nro
they not citizens ? Is thero not to be
equality among citizens In this country?
Have'wo not hoard that doctrine ex
pounded and warmly insisted upon
very recently even In this Chamber?
We acquired theso inhabitants, or most
of them, by tho treaty of peaco at tho
conclusion of tho Mexican war, the
treaty of Gaudalupo Hidalgo; and
thoso inhabitant! thus acquired, and
who became our follow-citizons, aro en
titled to precisely tho same rights and
the same favor as any other population
in any Territory of the United Stated
Then, sir, I Insist that tho argument
Is declslvo against tho passago of tho
present bill ; that not only Is this popu
lation inadequate, not only were all the
statements made to Congress on tho sub
ject of population in 18G1 unjustifiable,
proved to have been unfounded, grossly
erroneous, but you Unci that thero aro
other Territories exceeding this in popu
lation as to whom no such measure as
the present is proposed In Congress.
Hero Is Utah ; I do not know what tho
population of that Territory Is ; I am
told by onoof tho Senators from Kansas
that It Is about 120,000. Certainly those
peoplo, or their territorial authorities In
behalf ofthom, havo applied to Congress
for admission into tho Union. I am not
In favor of tho admission of Ulvhasa
member of tho Union ; I am not In favor
of tho admission of New Mexico with
her 100,000 peoplo as a member of tho
Union any more than I nm In favor of
tho admission of a Territory with 50,000
or with 30,000 inhabitants ; but for very
ehamo's eako you must deal equally
with tho Territories. If you admit these
with a population of limited numbers,
low down in tho scale, how can
you Justify your legislation be
fore tho peoplo of the country
tfs well as tho peoplo of tho Terri
tories upon tho ground of equality nnd
oven-handed justlco? You dany Utah
membership In tho Union ; your denial
perhaps is prudent and reasonable nnd
Just but when youadmlt aTcrrltory with
80,000, ono third orono fourth her num
ber, how can yon say no to her?
Mr. Pronldont, I havo concluded what
I proposed to' say on tho subject of this
bill. Ihavospokon becaiiso I felt charged
upon mothodutyof discussing it, I re
gard it as the pioneer of a scries of bills
which aro likely to eomo up for consid
eration In tho Sonato during the present
and future sessions, and upon which
sound opinions must bo formed nnd
maintained If representation In this
Government by tho several States is to
stand upon a just and satisfactory foun
dation. Tnc Increase of the supply this year
will bo lu the neighborhood of two mil
lions, seven hundred thouMiud tons of
Anthracite, which Isabouttwomllllons,
two hundred thousand Incrcaso over tho
heaviest shipments mado in any former
year. If tho trado had continued pros
porous throughout tho wholo season tho
Increase In Anthraclto coal this year
would Jmvo reached two millions, five
hundred thousand tons. Tho capacity
of the coal regions was equal to an lu
uriasoof threo million tons. 1'ottsvllle
Journal.
Nr.w Conundrum Whon U a dwul
W1y not a dead body? Whon It's a
jftil-on-a-bier,
JOHN (1. l'llISKSUl, KMTOU.
BLOOMUllUItO, nit DAY, JAN. I, I9C7.
SALUTATORY.
I'ATiioXH and Kutnxiis : Permit us
upon this, our first regular visit to you,
to wish you all a happy now year : nnd
to add to that tho hopo that our futuro
intercourse may bo abundantly satis
factory and pleasant.
Tho alms, objects and principles of
this paper nro set forth fully In tho
Prospectus published herewith. To
their success and promulgation wo shall
devoto our lnbors. Kindly but firmly
wo shall advocate and defend them. A
full exposition such as is thoro offered
was duo to our patrons and to tho pub
lic. By that wo shall endeavor to abide,
and by It wo aro willing to bo Judged ;
laboring ns wo shall earnestly, to attain
to tho full height of tho standard wo
havo Fct up.
To our contemporaries of tho Press
wo tender tho compliments of the iea
son. AVo trust that It may bo a happy
Now Year to us nil. Differences In
policy and principle will of courso exist
nnd provont agreement; but opinions
can bo promulgated, defended or at'
tacked wlthoutpersonallticH ; argument
ought to bo more powerful than vltu
pcratlon, logic more convincing than
nbuie. Wo shall endeavor to lllustrnto
our views by our practlco, (reserving tho
right to repel all insults) and hope to
merit the respect and conlldeiico as well
of thoso with whom wo differ as of
thoso with whom wo agree.
Noticu. The proprietors of tho lato
CoLUMliIAN newspnper, havo made nr
rangements with tho publisher of this
paper for carrying out nnd executing
tholroxlstlng contracts with their sub
scribers and advertisers, as follows :
1. That subscribers, who havo paid
their subscriptions in advance, shall bo
furnished with this paperrce of charge
until their subscriptions expire.
2. ThatKiMadvcrtlscments extending
over future time, shall bo continued in
this paper without charge until tho tlmo
paid for expires.
3. That this paper shall bo scut to
those subscribers who havo not paid
their subscriptions, (during tho tlmo
thoso subscriptions aro to run,) and
that tho amounts now due thereon, as
well ns thoso hereafter accruing, shall
bo paid to tho publisher of this paper
without account to tho former proprie
tors. 4. ThatunpaMadvertisemonts, extend
ing over future time, shall be continued
in this paper during tho times con
tracted for, nnd shall bo wholly paid for
to tho publisher of this paper.
Subscribers aud advertisers inter
ested, who receive this paper without
notice of objection to the publisher, will
bo considered as agreeing with him
upon tho abovo terms and conditions,
for tho continuanco of their subscrip
tions and advertisements. Thero will
bo no Increase of rates of charge for ad
vertisements, continued as above, al
though tho circulation of this paper
will 1)0 more than doublo that of the
lato Cor.UMiiiAN. J. G. F.
January 3, 1SG7.
NEBRASKA.
Mr. Bucknlow's speech on the admis
sion of Nebraska as a Stato, which wo
print on our first page, was delivered on
the day whon Congress adjourned over
tho Holidays, to meet again on tho
third of January. Tho subject will
now como up again for determination,
with the argument clearly against tho
measure, but witli tho Interests of tho
Radical majority in Its favor. It is evi
dent that the whole proceeding for in
troducing several of tho now and thin
ly settled Territories as States, which
wasbegunin 1801, has been with tho
object of strengthening tho Radical ma
jority in Congress; formerly against
President Lincoln, and now against
President Johnson. This is shown by
tho faet that thoro Is no proceeding
for tho admission of NowMoxico with
a population of 100,000, whllo tho at
tempt Is made to admit Nebraska with
50,000, and Colorado with 30,000. Tho
fact is, tho Radicals aro not suro that
thoy can control elections In NewMex
Ico! But as thoy havo a sure thing in
Nebraska, they proposo to rush her in
without regard to objections, and Colo
rado, which is still weaker in popula
tion, Is to follow.
SUBSCRIPTION LISTS.
Tho following statement oxhlblts the
number of new subscribers to this paper
at tho several Post Offices in this county
as entered upon our Books. They have
been carefully .taken, and aro belioved
to lncludo none who aro not solvent
and reliable. Tho former subscription
lists of tho Columbian, aro not inclu
ded. From that soureo wo will have
several hundred subscribers In addition
to thoso enumerated below.
Beaver Vnl'ey, 18 Jerseytown, CO
Benton, a5 Lime Ridge, 15
Berwick, 63 Light Street, -Hi
Bloomsburg 131 Malnvlllo, 21
Buck Horn. 51 Millllnvillo. II
Catawlssa, 21 Mlllvlllo, 25
Central, l.'l Mor.lansville, 8
Centralfa, 22 Numlilia, 1!1
Cole's Crook, 17 Orangovlllo, 50
ivipy. -n roiKViuo, lu
Eyer'a Grove, 10 Roaring Creek, Mi
Fishing Creek, 2 Rohrsburg, 50
Forks. 40 Rupert, C
Foundry vllle, 11 Sercno, -1
Fowlersvlllc. 1 1 Stillwater. 27
Greenwood, 5 Van Camp, 21
101a,
To all tho foregoing offices tho paper
gooj free of postage.
At ofhees outside of tho county tho
number of names Is ono hundred and
one. Of theso, twenty-two aro at Dan
ville, and most of tho others at ofllcos
which, although outsldo the county sup
ply subscribers who rmldo within It.
TIicfo exhibits show a totnl of 1090
on tho now subscriptions. It Is a grati
fying and encouraging record upon
which to commence our Inborn.
" WHAT'S IN A NAME P"
" A ros by any other namo will
smell as sweet," but a nowspnper design
tinted by any other than nn npproprlato
namo will not bo as readablo or as ao
ccptablo to tho public. Our cogitations
upon tho question of tho namo by which
our Journal shall be known to contcm
porarlcs and patrons, might bo thought
amusing If given fully nnd In duo form
Wo shall content ourselves, however,
witn stntlng somo general ideas on news
paper nomenclature as thvy havo occur
ed to us, with particular Illustrations.
Soveral things nro desirable In a nows-
paper name. In tho first place it should
Indicate locality. This Is often secured
by adopting somo natural object, or nr
tlflclal designation of ploco, in tho re
gion or district whero It Is Issued. Thus
wo havo, lu our own nnd neighboring
counties, the nnmes, Columbia Demo
crat and Star of the -.Torfi,, Columbia
County Republican, Jierwich Gazctto,
Luzerne Union, Scranton Reglstor,
Xorth Jiranch Democrat, Danville In
telligencer, Miltonian, Muncy Lumina
ry, Lycoming Gazette, Ashland Advo
cate, etc.
In tho next place, tho namo should
Indicate somo object, principle, or con
duct, which shall, by vlrtuo of a law of
association, connect tho matter and la
bors of tho nowspapcr with a nurpost.
or assign to thorn a uniform, llxed char
acter. Thus, tho word Democrat, Re
publican, Radical, Unionist, Whig, or
Conservative, at the head of a newspa
per, will indicate tho party principles
or policy to bo supported by It. And
names of tlii3 class will oxpross indi
viduality as well as conduct. Tho news
paper, by a figure of speech, becomes a
person with whom wo may Imngino
ourselves lu association and concord,
and whoso regular visits to us are to bo
welcomed as n sourco of pleasuro and
Instruction. In another class of names
tho Idoa of personation may bo retained
without the idea of a fixed churactor,
whether political, literary, scientific, or
social. Tho words Cosmopolitan, Citi
zen, Gentleman, Visitor, Observer, In
quirer, Advocate, Sentinol, Statesman,
etc., aro of this description, but In com
mon with those Just mentioned, nono
of them indicate tho location of tho
nowapapor or tho placo whoro it Is Is
sued, and It is necessary to prefix an
other word to obviato this defect. And
henco long and inconvenient names.
This leads us to spoak of a third re
quisite to a good newspaper namo. It
Is, that it shall bo short, consisting of n
singlo word. This object Is obtained by
sacrificing others, in thcnamlngof many
loading newspapers in tills country nnd
abroad. Wo know great loading Journ
als, as "Tho Times," "Tribune,"
" World," " Age," Athoneum," etc.
Now, a namo which would combine
all tho foregoing requisites, whllo
euphonious and of agrecablo association,
would approach perfection. But it is
difficult, if not Impossible In any given
case to combine them all, and thus ob
tain a result which shall be perfectly
satisfactory.
Tho ordinary resort to words of n
noutral character which indicate somo
business characteristic nlono, as, Advor
tisor.Nows, Mail-Bag, Bulletin, Chroni
cle, Intelligencer, Transcript, Ledger,
Post, Gazette, etc., is a confession of tho
difficulty which attends tho selection of
a perfect name;. and thoy have to bo ac
companied by other words of locality
or character. The result is that incon
venient nnd unsatisfactory names nro
produced.
Among tho names wo havo mention
ed that of " Miltonian" combines tho
merits of indicating the placo whero
published, of convoying tho idea of per
sonality, and of consisting of a singlo
word. And thoso merits precisely have
pertained to tho namo of tho Colum
iii an newspaper in this county. Tho
absenco in this word of any indication
of political character did not detract
from It as the name of an independent
Journal, although it might bo regarded
by somo as an imperfection in tho namo
of a newspaper of pronounced political
character. Tho question is, however,
whether tho obtaining of this charac
teristic in a namo would not havo to bo
secured by a sacrifice of other advantag
es. Tho namo, "Star of tho North,"
when formerly carried at tho head of n
newspaper hore,was appropriate to It as
a political Journal, becauso tho county
had become known by that term In po
litical clrclos. But it was inconvenient
ly long, nnd conveyed no othor idea
than thatof political illumination. And
so also tho old namo " Columbia Demo
crat," whllo it combined tho ideas of lo
cation, personality, aud political charac
ter, was composed of two words. It
was, upon tho whole, n good nnmo for a
Journal strongly political in its tono,
but calculated to confine Its influence
strictly within partisan limits. Tho
union of that namo with 'Star of tho
North' gavo to one of our oxlstlngjour-
Jials about as bad a name as could havo
been selected. Tho long horizontal
"sky-lino" (to borrow a term from ar
chitecture), which appears in tho head
of that paper, is unpleasant to tho oyo,
whllo tho namo itself, compounded of
soven words, is a burthen to tho mouth
In uttoronco and an inconvenienco to
tho pen in citation.
Unduo length nlso may bo alleged
against tho na'mo of tho Republican or
gan of this county; Tho "irregular
country doctor" who established it was
not fortunate lu respect to brevity when
ho selected it, although location aud po
litical character woro duly regarded.
Wo havo been anxious to ascertain
tho ancient Indian namo of Fishing
Creek, In tho hopo that it would nnswor
our purpose. That important stream
enter tho Susquehanna near the county
seat, and drains nearly tho whole terri
tory of tho county north of tho river.
Uutwoworouiisuccossful luour research
es. Thooldostsurvoys and deeds which
wo havo been ablo to find namo It Fish
ing Creek, and Its aboriginal namo ap
pears to bo unknown to tho oldest In
habitant. Somo book In which Indian
dialects are preserved, might glvo us tho
equivalent or jynonym of Fishing
Creek In tho Dclawaro language), but no
such work Is at hand for examination.
Finally, wo havo the names, "OncO'
a-Woelc," "Tho New-Year," and "Tho
Newspaper" presented to us for consid
eration, nnd wo nro notsure but our pa
trons would bo woll suited with cither.
Tho first is tho namo of a distinguished
literary Journal In London ; tho second
would bo very npproprlato at tho com
mencement of our ontorprlze, as wo
start with tho year; and tho last Is a
good word which can never become
stalo or offensive. But wo havo not
been able to content ourselves with any
ono of theso names. Each of them lacks
moro than one of tho requisites beforo
mentioned, nnd all of them the Impor
tant characteristic of Indicating tho
placo of publication.
Wo havo been induced, therefore,
upon full consideration, to select tho
namo Columbian for our Journal, as
combining moro of tho requisites 'of a
good namo than nny other within our
roach. It Is of proper length, a singlo
word, expresses personality, and hull
catcs tho county whero published. Tho
only objection that could bo urged to It,
that It has been appropriated by another
Journal published here, no longer ex
ists; for that Journal is discontinued,
and will havo no futuro existence. Bo
sides, this designation of our paper will
bo convenient In executing existing con.
tracts with patrons of the former Jour
ual, tho execution of which wo havo as
sumed. Current or running subscrip
tions and advertising transferred to us,
will go on without disturbance of name,
and with convenience to all concerned.
If industry, with fidelity, can ac
complish our purpose, tho Columbian
will bo a welcomo visitor "all tho year
round" to our patrons and readers, and
will take rank among tho best of country
papers in the Commonwealth. Wo ore
greatly gratified and encouraged by tho
popular favor already extended to our
enterprizo; tho flno subscription lists
from all parts of tlio county; the indi
cations of advertising patronage, nnd
tho good words nnd volunteered prom
ises of support from leading men. Wo
ask for a continuanco of this public
favor, and can pay In all sincerity that
wo shall endeavor to deserve it.
OiiANGEViLiiii Male and Female
Academy. At theauuual election held
on Saturday last, the following named
persons wero chosen trustees for the en
suing year. Jacob M. Harman, Silas
Conner, R. M. Bowman, Michael C.
Vance, John Staly, Samuel Achenbach,
and J. P. Conner. Democrats aud oth
ers opposed to Professor Walker,
finding that the lease for five years now
held by Mr. Walker wns probably legal
did not think it advisable to make a
contest, and tho election wns permitted
to go by default. AVe may on somo iu-
turooceasion call attention to thlssubject
again, and give tho reason why a school
at ono time prosperous, and In all ro
spects an ndvantngo to tho community,
is now practically dead. Tho Soldier's
Orphan School, however, is doing well,
it Is but just to say.
Tin: Legislaturo mot on Tuesday nnd
was organized by tho election of Lewis
W. Hall as speaker of the Senate, and
of J. P. Glass of Allegheny, as speaker
of the House, both Radical dlsuulonlsts
of course. Our Senator, Geo. D. Jack
son, and member, Capt. Thomas Cluil-
fant, nro at their posts, ready to servo
their constituents. Gov. Curtin sent lu
his Messago, an abstract of which will
bo given next week.
The election of United States Senator
takes place on tho 15th, by act of Con
gress. Inauguration of Gov. Geary on
tho 15th, and tho election of. Treasurer,
on tho 21st x)f January.
We havo a subscriber on the other
sideofthe River whoso llttlo daughter
eight or nine yaars old, Is very t jnd of her
Sunday school. Her teacher proposed
to her to commit nnd recito a certain
number of verses, for which sho was
to receive a handsome testament. Slio
did it aud received tho reward. She
then of her own accord preceded to com
mit an equal number and got a testa
ment for her llttlo brother; and then a
third set and presented a third testament
to her little sister.
Wo hopo her noblo cxamplo may
bo extensively followed by our young
frionds.
Undeii the head of " Tho Kaleido
scope" on tho tho second pagoof our pa
per wo proposo to publish a series of es
says, tho object aud purposo of which
aro sufficiently sot out In tho opening
number. AVo deem It proper to say
hero that nbout twenty numbers, nil by
tho samo writer, havo been already pub
lished. Somo of thoso will bo re-wrlt-ten,
others will bo suppressed nnd their
placo supplied with fresh matter. Sov
oral gentlemen of acknowledged ability
havo consented to contribute to this de
partment, and wo confidently expect to
mako It entertaining and delightful in
tho highest degre.
The very general and uuusuallyquict
observanco of Christmas Day by our
citizens was an exceedingly gratifying
incident, it Is, wo believe, tho only
day set apart by tho civil as well as by
tho ecloslastlcal law ns a holiday, nnd
has therefore a double call to respect.
Its celebration as a festival of tho Chris
tian church dates back more than sov-
ontecn hundred years, nnd wo shall re
joice to sco nn annually increasing re
spect, sobriety, auu chccrfuluess attend
Iw coming.
The Eplseonal Church was tasfpfnllv
and profusoly decorated for tho Christ
mas holidays. This is an old, beautiful,
and tlmo honored custom, much moro
followed by our German ancestors than
ny us. j.t is worthy of universal adop
Hon. A MISEP.LY old farmer, who linrl Insl
onoof his host hands In the midst of hay
making, remarked to tho sexton ns ho
was lining up tlio grave " It is a sad
thing to lose a good mower at a time
HkMhis: but after all. Tom win n blr?
eater."
C03T3 IN CRIMINAL CASES.
NON-LIABILITY OF THE COUN
TY. I. FELONIES. II. JIISDIv
MKANORS. HI. FELONIES AND
MISDEMEANORS.
Atcommon law, (which wns ndopted
In Pennsylvania by tho Act of 28th
January 1777, so faros was sultablo to
our circumstances,) tho public pays no
costs ; nnd n defendant Indicted for
crime, was liable for tho costs of proso
cutlon, whether ho was convicted or
acquitted on tho trial. Tho law contin
ued to bo so, until tho Actof 20th March
J 791 was passed, and ns tho liability of
tho county for costs is created only by
statute, It cannot bo extended beyond
tho limits luslgno'd to It by tho legisla
ture. 0 II. I'M.
Tho following nro tho only stntutcs
now In force in Pennsylvania, Imposing
costs upon tho county In criminal
cases ;
1. "In all prosecutions, cases of felo
ny excepted, If the bill of indictment
shall be returned "ignoramus," tlio
grand Jury returning tho samo shall de
cide and certify on such bill whether
thocountyorthoprosecutorshollpaytho
costs of prosecution; and In all cases of ac
quittals by the petit jury on Indictments
for tho offences aforesaid, tho Jury try
log tho samo shall determine, by their
verdict, whether the county, or tho
prosecutor, or tho defendant shall pay
tho costs." Act of 31st March 1SG0,
section 02.
2. "Tho costs of prosecution accru
ing on all bills of indictment charging
a party with felony, returned "ignora
mus" by tho grnnd jury, shall bo paid
by tho county ; and tho costs of prose
cution accruing on bills of Indictment
charging n party with felony, shall, If
such party bo acquitted by tho pdtlt ju
ry on tho traverse of the samo, bo paid
by tho county, and in nil eases of con
viction of nny crime, all costs shall bo
paid by tho party convicted ; but when
such party shall have been discharged,
according to law, without payment of
costs, tlio costs of prosecution shall bo
paid by tho county ; and in cases of
surity of tho peaco, tho costs shall bo
paid by tho prosecutor or tho defend
ant, or jointly between them, or tho
county, as tho court may direct." Act
of 31st March 1S00, sec. 01.
3. " In all cases where two or moro
persons havo committed nn indictable
offence, tho names of all concerned (if
a prosecution shall bo commenced) shall
bo contained In ono bill of indictment,
for which no moro costs shall be allowed
than if tho namo of ono person only
was contained therein." Act 31st March
1S0O, sec. 05.
4. Tho actof 23d September, 1791, sec.
13, enacts, that " where nny person shnll
bo brought before a court, Justico of tho
peace, or other magistrate of nny city
or county of this commonwealth, hav
ing jurisdiction in tho case, on tho
charge of being a runaway servant or
slave, or of having committed a crime,
and such charge, upon examination,
shall appear to bo unfounded, no costs
shall bo paid by such innocent person,
but tho same shall bo chargeable to,
and paid out of tho county stock, by
sucli city or county."
Tills section is in full force, nlthough
it was left out of Purdens Digest, and is
therefore often lost sight of. Tlio re
pealing section of the penal codo of 1SG0
repeals nil other stntutes imposing costs
upon t ho county in criminal eases.
I. l'ELONIUS.
Tho non-Ilablllty of tho countv for
costs under certain circumstances in
cases ot felony occasioned by tho penal
codo of 1800, has In no case been brought
beforo the Supreme Court, and has of
ten escaped tho attention of lawyers.
LA-on an attorney to tho Commission
ers of Luzerne Countv in a lcncrlbv nr.
tlclo published in tho Legal Observer of
July 31st 1801, uses tho following lan
guage : " In all cases of felony either
felony by common law or felonv bv
statute tho county is liable for costs."
Again no says that "tho officials who
have in chorgo tho disbursement of tho
public funds, have no right to pay the
costs in any criminal case, except whero
tho statute spoclfieullv provides for nnv-
mcnt." Certainly, the Commissioners
could not bo charged with negligence, if
tfiey did mlsapnlv tho nubile funds in
consequence of tho illegal ndvlco of
tneir nttorney. Tho responsibility
would bo with tho attorney, not with
them.
Previous to tho adoption of the Pennl
Codo of 1800, tho 70th section of which
repeals tho 15th section of tho Act of 23d
September, 1701, whoro anv nci-son wns
convicted of any ofTence, punishabio
capitally, or by imprisonment at hard la-
uor, tno county was liable for costs nr
prosecution, if tho defendant had not
property sufficient to disclum-n thn
same. This is tlio farthest that tho leg
islature over went in imposing costs
upon tlio county in cases of conviction
for felony. And inasmuch ns felonies
wero generally nunishnble eitlu'r pmhI.
tally, or by imprisonment nt hard labor,
and as persons who had property suffi
cient to (lischarco tho costs wnrn wlflnm
convicted of felonies, tho oxccptloiis
wero gradually lost sight of it seems
oven by lawyers, and tho idea appears
to prevail that In nil cases of felony, tlio
county is llablo for tho costs of proso
cution. Butslnco tho act of 31st March, lson.
tho county is mado llablo to pay tho
costs of prosecution in cases of felony
only In two instances, whom n u mt
equally llablo In cases of misdemeanor.
i'lrst, Whoro tho Indictment is returned
" ignoramus" by the irrnml Inrv. Sn,..
ond, Whero tho defendant is ncqtiltted
by tho petit Jury upon trial. Never
when ho is convicted.
Tho following list comprises inn.it nf
tho felonies: Treason, misprision of trea
son, nrson, murdor, voluntary man
laughter: nttemnt to Com (11 If, tnnrilnt
maiming with Intent to disfigure, Injur-
mguy oxpiosivosubstnncea, administer
ing stupefying mixtures with Intent to
commltnnyfelonv.countprfoliinfr rn.,
robbery, burglary, larceny, receiving
stolen goods knowing them to havo
oecn stolen.
II, MISDEMUANOIM
Tho Supremo Court havo put n strict
construction on all statutes which Im
pose costs on counties, ond tho tho coun
ty can bo mado llablo for costs on nn
Indictment for nn offenco below felony
only In ono of threo ways. 1. By tho
finding of tho grandjury that tho coun
ty shall pay tho costs when tho bill Is
returned ignoramus', 2. By n similar
finding of tho travers Jury when tho
defendant Is acquitted upon trial ; nnd
3. By tho dlschargo according to law of
a convict, who Is sentenced to pay tho
costs nnd does not. 0 II. 100.
III. TELONIES AND MlHDEMl'.ANOItS.
In cases of conviction of any crime,
whero tho convict shall havo been dis
charged accortllng to law, without pay
ment of costs, tlio costs of prosecution
shall bo paid by tho county. Tho "dis
charge according to low," must bo had
cither tinder tho net of Insolvency, or on
reversal for error, 12 S & R. 95, or by
pardon before sentence, l S & R. -110.
It Is not every dlschargo according to
law, of persons sentenced to pay costs
and do not, that will mako tho coun
ty liable. It Is also nessary that thoro
shou'd bo a conviction of a crime.
Henco If tho grand Jury return a bill
" ignoramus," In a caso other than felo
ny, and order tho prosecutor to pay tho
costs, and tho prosecutor having been
sentenced by the Court to pay them, is
committed ond then discharged accord
ing to law without having paid them,
tho county Is not llablo for costs.
Nor is tho county liable, if a bill bo
found "n true bill," and tho defendant
having been tried nnd acquitted, nnd
ordered by tho petit Jury to pay tho
costs, Is sentenced by tho Court to pay
them, nnd Is committed and discharged
according to law, tho costs not being
paid.
Nor if tho defendant is acquitted, and
tho prosecutor ordered by tlio petit Jury
to pay tho costs, who nfter being sen
tenced by the Court, to pay them, Is
committed and discharged according to
law, tho costs being unpaid, -1 S & R.
510.
In cases of surety of tho peace, tho
cost.i aro to bo paid by tho county, or by
tho parties, as the court may direct.
Justices of tho peaco, constables nnd
witnesses are entitled to bo paid their
fees out of tlio county funds, In all crim
inal cases, where upon examination tho
charge appears to bo unfounded, so that
a dlschargo of tho accused ensues with
out a binding over or a commitment.
Btitclerks, sheriflsand district attorneys
are not entitled. Sucli cases aro not
to be returned to court, whether tlio ac
cused bo discharged by n justico, or by
ono of thojudges ; (who a'ro also Justices
of tho peace so far as relates to criminal
matters.) Act of 23 Sept. 1791, sec. 13,
Tho county is not liable for costs where
a nolle prosequi is catered, which ought
not to bo done without a stipulation on
part of tlio prosecution or tho defendant
to pay costs. 12 S & R. 91-45 II. .193.
Nor is the county liablo for costs whero
the indictment is quashed, 3 R. 1S7,
Tho county Is not llablo under any
circumstances ror tho defendants bill of
costs for his subpoenas, serving tho same,
ami attcdanw of his witnesses, in nnv
criminal pro.l'cution ; nlthough if tho
Jury on thotrial forany mlsdcmeaiior.no
quit tlio defendant and imposo tho costs
upon tho prosecutor, or dlvldothcm be
tween tho prosecutor and defendant, the
dofeduants bill shall bo Included in tlio
costs and paid accordingly by tho party,
or parties. Act of 31 March 1800, sec.
Oil.
Although tho proportion of prilnlnnl
cases wherein the county is liablo for
tho costs of prosecu tion, is smaller than
is generally supposed: vet. thnv tit.iv
always- bo secured from tho parties
proviueu lliey are able, If magistrates
would perform their whole duty when
they commit defendants or bind them
over to court, nnd also bind nvnr thn
prosecutor and his witnes sea to nni.nnr
and testify. Then If any of them failed
10 appear, tneir recognizances would bo
forfeited nnd collected, and applied so
far as nessary to tiio payment of costs,
wlillo if they do nppeai', it enables either
tno grand or petit juries to put the costs
whero they belong. Tho grand jury
havo no right to ignore a. bill of indict
ment without nny witnesses being pro
duced nnd sworn, whereby tho costs
woum inn on tlio countv in f!i.i. nf fi
ony,or perhaps bo put upon tho prosecu
lor or county In eaes of 111 silnmmimr
Tho local acceptation of thn wnrria
igentln inuuirc" containml 1 n flin nnfl.
uuministercu to srand ur es is. "
gently to 11 yKre into tho circumstances
01 1110 cnargo, the credibility of the wit
nesses who support it, and, from tho
whole, tojudgo whether tho person nn.
cuscd ought to bo put upon his trial."
1 uauius, jrtho grandjury should
return a"truobiil." without
nesses being sworn, nnd so noted, tho
indictment would bo miaslmii nt tim 1.,.
stnnco of tho defendant. American
Criminal Law, 2J2. So too, if without
witnesses, tho irrand lurv slinuhl
a bill "Ignoramus," whereby tho costs
would fall, or be put upon tho county,
or tho prosecutor, their retm
set aside at tho Instance of tho county,
or pariy interested. Whero no witness
Is produced and sworn beforo tho
Jury, they have nothing to return lo the
court, and tneir simple duty is to bum
tho bill of Indictment, or return It
tho District Attorney. .Tl lereforn. wlinrn
Justices of tho peaco mako returns in
criminal cases without any recognisan
ces of tho prosecutor or witnesses, (us is
generally tho caso in Columbia coun
ty.) and tho defendant iinn'oar. with.
out prosecutor or witnesses appenriu"
,1... 1 . !. . . . ' . "
iifuiusi mm, me cosr.i are simply lost.
Ml blllsngalnst tho county for costs in
criminal prosecutions, should bo mado
out In such a manner ns to show tho
names of tho ofreneea charged and how
the rcspestlvo cases wero disposed of; so
iiinuiiiio commissioners did not hap
pen to know, thoy could readily ascer
tain whether they wero disposed of In
such wayai to render thooounly liable.
This covers nil tho points that ovor aflso
beforo tho Commissioners of Columbia
County lh respect to payment of costs
In criminal, prosecutions;; although lu
somo parts of the Stato, it might bo
proper to treat on tho subject of costs In
-commitmcntsfor vagrancy, and pcrhapi
ono or two otner matters or minor
Importance.
E. II. LlTTLIl.
m Annual).
COUC.VAX-rjrOl.YTOXOf Nw Year'i J5r
In tlio Eilcuiml Church nt Oil place, by th
Hov. Tliomm Cullen. UcorBo B. Oolcnian.liin
mil! MM HuXHiitin Thornton, only dnuglitrj ul
tho into Jamt'K Thornton, Eso,., boih of Bloom.
Ixirg.
JliruXl-tll'AXS-ln llonton, on tho flruwinth
of DccclnlitT, by Bruuuol Hohtic, Ew., Mr. WU.
lidiii I1, llhom to Mini Hiituh V. Evnns, both or
Columbia county.
JO.VV-AT,VA'.V.I.V At tho Fork Itot.l
lu JIIooniAlmw. on tho twenty-fourth of Duceni
lier Mr. Wlllinm M. Joms of Ilrlnrrilc aui
Mint, l,l7rio KlinKcrmttti of Bench Haven.
fnii.n:iu-m:rnmch'.i tho rooiuonco of
K. MchilKhluitl, lu IttooinsburK, on Chrhtmut
lay, by llov. I.S Hlirlp, Mr, l'etor Korntvalu of
(Vntii ton, Huron county, Ohio, to Mlaa Anna
It. ltciswlik, of Illooinbur,
aiWiV-fir.Ot'Oir-ln IlloomiburB, on tho twon.
ty-Nnvonth of December, by llov. J. H. Pimm,
Mr, William II. (Ii-osh to MIsm IiouIsa felouoli.
Union tnwiKlilp, Schuylkill county, Va.
LOX(i-millKin:iSSi:il-On the namo day by
tho same, ut tho ICxchatujo Hotel, Mr. Cbarlr
Iinmr of Danville, l'u.. to Miss Klluibeta
Werkhelitser of llcmfoclt township, Columbia
county, I'a.
l.V.li llM.Ir-On the Hinin dav by U10 name, In
niiHiMtimrK, Mr. (Jennet H.Leo to Ulu Ann
Hell, both of IlloomshurK.
JOOJ-IIY.t.vr-InTown IIIIl,Lrornoeonnty,
011 the twcnty-nevmth of December, by Itov. R.
Wn(Wwortlt, Mr. Crawford Hootl of Hot, to Mini
Hultlali It, Wlunt, of ralrmouut, Luzarne ooun.
ty, 1M,
KlU'CllEVm.TXaM tho same placo, by th
iinltie, nn tho thirtieth of December, Mr, Zepha.
nlah Ktln of Muuarlouf, Columbia county, to
MIn Itachol Crawling uf 1'ulrmount, Luzerna
county, l'u.
Auditor's Notice nitate of Jniue alb
um, luto of ClrcenwoiHl Township, ColuiubU
County, itcccused, Tho umlerHlirhtxl, appointed
Auditor, by the Orphans' Com t of tho County of
Columbia, to settlo and adjust thoratcjnml pro
imrtlotiAnf tho ussets In thohantlHof Abrahaei
Vouniz, ndmlulMrator of James illbson, doceaned,
to and amniiK tho respective creditors according
to the order established by law. heruby ptvea him
tlco to all parties Interested that ho will nttsnd to
tho duties nf hi.-nppolntuicnt at thoofllcool tho,
ltocnrdnrof Deeds, lu Uloumsbum.lu said county,
on Saturday, tho twcnty.Hlxtti day of January,
A. 11. IN7, at ten o'clock A.M. of ald day. All per
Mms bavins claims ordemamls against tho o&tAto
nf decedent, nro requostrd to prusent them to tha
Auditor, or bo forever ilebariod frouicomlna lu
fornnoitlonof said mud.
JOHN (I. ritrxzr. Auditor.
nioomsburic, December 15, 1S60. (t
Lunacy. The first account of Itaao Sets
freld, committee of Dorcait CrovulliiR, a lunatic
Alt persona Interested will take notfeo that tba
account of Isaiiu Kolgfrcld, commlttoo.of Dorcts
CrotolliiK. a lunatic, has linen tiled In thu Pro.
thonolary'a oinco of Columbia County, and that
thonald account will bo presulited to the Judiraa
of tho Court of Common I'lcns, of said county, ror
examlmitlon and confirmation, 011 Tuesday, th
Holiday of Kebruarv next.
J1W4U COLKMAN, lrothonotar7.
IHoomsburK, December 15. lsfl'J.-St.
To Hotel and Saloon keepers of IUoomi
burg nnd Columbia County. I have appoint!
Mr. It. Htohner asont for thu saloof ray alo,porUr,
brown (.tout, and lager boer, who will supply you
nt tho tttimo prlco (and with the samo article), as I
would furnKh you from tho brewery. KnoowUij
that he will be punctual and nttentlvo to all whti
may favor him with their trado, I solicit for hlw
your support. Very respectfully,
. I'll EI) I.AUER,
Btcnm Ilrowery, lloadtntf, ra.
Kttate of Abraham Menseh, deeeaiad.
Letters nf Administration upon the estate of Ab
raham Mennch, late of Iictist Township, In Uia
Cnuuty nf Columbia, deceased, liavluz boon
granted to tho underpinned, all persons novlhft
clnluiH or demands against the eMato of tho said
dee,Mlent ore requested to make the same known
without delay, and thoso Indebted to said estate
to make Immediate, payment to
AM.I CRAIO or
f.'HAHLliS MKNSCTt.
Roaring Crock P.O., Columbia foamy, Pa.
GUI AND JUHOltS, FOU rEJJUUA
T iy Term, l-67,
llloom Culi bllai ton, Math las Appleman, Charier
II. Deobler.
Heaver Jonathan Ilrrdbender.
lletilou William L.Cole,Hamuol M'Honry, JacoJ
Wrllhtr.
CnnyiiKham Prederlck 11. Wolforth.
1'iaukllii John Mowry, Hiram J. Itsader.
Hemlock William I'ishor, Thomas J. Yandor-
n! lee.
Iieust Isaac Krwlne.
Main Charles I'lbhcr, John O. Clearhart.
Mudlwm Joseph Correl, John Mousur.
Ml. Pleasant Uabriol F.etott.
Mllllin-Clillstlnu Wolf.
Orange l',dward DeLonp.
rinu Clark Whitiuoycr, Elijah. Fullmer, Thomas
M'llrlde,
Scott Charles H. fowler.
rpitAVEKSE JUItOIlS FOR TEli
X ruarv Term lsii7.
lieaver Charles Michael, Stephen Lohr.
Henton Jos id, licss,Hr.
lloroivh of iWrwiek Hiram H. Hower.
lloroiigli ofCeutmlla WUlium II. Itlnebold, Hob
ettUorr, 11.
Illonm rredericlc C. Tver, Clark M. Drown. Ham.
uel JmcoIiv, William li. Koons, Dunlol Leo, WIN
Ham Snvder.
Ilrlur CreelCf-lIcnry Doak, Peter Wonner, Thorn.
as A. Miller.
Catawlssa John PentJ, William Martin, James H.
M'.NIhcll.Htl-phcn llaldy.
Ceiilte Jcsso Illcks, Jesse Hofnnan, Henry I)e.
Long,
Conyngham-JsyUcster Hoffman, Mtclmel Crona,
William Hoaglaud.
lislilng Creek 1:1 las Ammerman, Jeremiah Hew
Thomas L'tundrrhauch, Alexander Cramer.
Franklin 'lh nuns Hower.
Ureenwoo.1 John Johnson, Caleb I'. Moore,
Thomas lteecn.
Ilemlock-Davld Wagner, William P. Kyerly,
Hlrillu Appleman.
Madison Shepherd S. Uunynn.
Montour amiiol luzerus, Jacob Ernwlno, Noah
Mnuser.
Mimin-llenjoniln Yoho.
Orange Adam Hill, Jehn Vanllow.
Pine Luther A. (larmau.
Homing I 'reck William Drlesbacli.
Hcnlt-AIfrid CYevclIng, Joseph Lilly.
PU1JLIC SALE OF VALUABLE
ltllAL KKTATH 111 pursuance of orders of
the Orphans' Courts of Montour and Cituinbli,
counties, l'u., tlio undci signed administrators of
Haimali Mllliclln, lato of Morelaml Township,
i.ycimimg cotimy, ueceasmi, will extswio to sale,
by public, vendue, nt tho Hotel of John llrlttaln.
In While Hall, Montour county, un
SATURDAY, JANUARY 20th,
nt 11 m a certain pleco or parcel of Innd vlttutn
paitlyiu Madison Township Columbia county,
mid partly lu Anthony township, Montour ooun.
... , wit.uiuiiiK iu. srii's mum or lews, ntiioinlU'C
lands lain of William Ullls, William Adams. M.
King and others; tlio liuprnveiiioiits beluzn lovt
house and Its' bam. un nielmril iitwl ulmti, tl.lp. v
tu'lesclcaictl; the balnnen well timbered.
Also, one other nun el of land shuatn fn Mull.
son toMiishlp, Columbia county, .adjoluluc tlw
above, land of Adam Spring, mid others, con
taining 2j acres nnd HI perches, more or lessand
1k ns well tlllllH'retl IfiluI. I Jit.. Ihn .Unta ,.fual.
deceased. (I01'i.i:ill Sl'IlllATLLit.
i MICH.ILL WIMCU.lHDNini,
Jan. 1, I8CT. .administrator.
"VTORTIiEllN' PKKTUAT. tiatt-
1 WAV.
DlItUGT ItOUTn JTOItTir ANn nnrrrrr
Through between llalllmoro nnd ltoobrator
On nnd nftor .Soveiubor 19, 1MM. trains wUl Uati"
11M fill lil.vi. '
NOItTIlWAItD.
da Vjl hlladolphla8:lo P.M.j llarrlshurgitnc A.M,
dollveiliiB pimongors nt Nnrthniuborland
A.M., for Irnln on Laeknwnnim and nioomsbnri
ii iroai , leaving ni 7 A.M., arriving in Dauvlllt
i,i.AiM, '"oomsburg AiM., Kingston 1ft
A.M., Sciuiitou 11 noon.
ii nr. t. ......... i. A.., . ........
........ .Li.. ... ....iinu.Mu u;i, vx.ji., uaiiy toxcsiTr.
fH'.'l'AY1". I'l'Halxll'lilH 1I:.VI A.M.; Harrlsburr
1:J) P.M., delivering passengers at Norlhumbeil
land lor train on Luckaunnna nnd llloomsbun.
ltalliisid, leavlnj .at dtt) p. M., imondlng norlA
'"!'.' ."JJfi '."J!". n llllamsisirt ut 6: 15 P.M,
1 Asri,I.NKleavesll.iliiinoroi!ally(excoptflnie
.-..w . , , iiiiuiiciiuiui ii;.i r.ai, ; jiarri'
burg 1:10 1,V'.: Nrthuniboilaiid&HP..M.j : pussou.
iters by Ihls rain lemalii m or night nt Norllium.
Ijeilaiulleavlngthiifollowliii morning at 7 A. M,
univlng In hcrauton 12 M.
BOUT1IWAHD.
Xi;ni;.Vi rilAIN lenves NortlinmlHTland ll.V
dally (except Sunday!. rceotvlhjrpaAseugr
leaving scranlou mtiu P.M. s putston 6;i) P.M.!
killl4tOll I I'M . IMivm.l.iin. l.lrt till .n.l.'l..
Ill P illudulphla 7 A.M.: lluirlsburg silo A.M.;
1 ,'.l!'!'."rn.!.A,.M'' Washington lirM A. M.
THAI.V loaves Norlhumberland lftli)
A.M., dally (except Sundays), receiving paasen
geis leiiylnn Sernliton fcrfl A.M.; Plttstou C:S
A.M.! Kingston C: A.M.; llloomsburg 8.07 A.M.;
nlli iliiliM,i'i,u'' uriivlnr In Ilarrlsbun;
"I1," ro'i'o Irelght from lluilalo, Suspension
Ilrldgo, Itnchostor, aud Cunandniruu, or any liibw
niedlalp point on tho Now Voik Central enu bo
shipped through, when In full car loads, to any
lHjiiiton Ihn ijieknuaiuiH und llloomsburK Half.
rond, without breaking bulks. Hates of freight
und pajseniers fare u., low iu by any other route,
r- J.lt',,!i".,A",'V, PH. YOUNll.
Gou 1 bup't, Harrlsburg.Pa. (leu'l Puss. Unl,
iKimuvre,
imap m. Kcuinr.MnHiiims.
rlen'l Western KiHjiit Ajent, Huflafe,