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The Montana post. (Virginia City, Montana Territory [i.e. Mont.]) 1864-1869, December 10, 1864, Image 1

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Persistent link: http://chroniclingamerica.loc.gov/lccn/sn83025293/1864-12-10/ed-1/seq-1/

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THE.MONTANA POST
a- -- -t -- an*e
" r - r
VIRGINIA CITY MONTANA TERRITORY, SATURDAY, DECEMBER 10 186416
"rw '7' f, 11l I
D. W~. 7ltcn, & Co.,
ý. W. Thm.;o. Bmi. R. Drrrxs.
P: V3z!Trt'5 1.'m PROi'RIFTORS.
Cfrcc uA 'e (21; C nok Store, Coruer
.; z aLcL u( d aclson StrceLs.
e'r - - - 7.50
-· ·Lrai~i ?T.YlmC ~ 4('0s
': s o0 .dvertisin;.
Sa r l. Lire linr or les.,) one rear $20 CO
.. .. . '"" i n,:r ths, 15 80
S "thri monthi 10 00
...-, .ins or i )&j 40 00
S - .. i . ; '-" .. . 25 00
,." " ~.3 00
sc ee, C 00
. i :al's 45 00
30 00
: t . - n. , 9 0 0 0
fix -,n Ow -. GO 00
. . - 45 00
co Ir, 0 00
S, th. '100 00
t o:.:h. 75 0C
;T; I! i) Altwewd to change
S. ","... e._.I , iA ,".In.l c.. arge.,
" . :, sh e .raid reuse4
1 .. .C .. \'Vir;tni City, M. T.
. ,.:.- a executed in a
e a :c. i able rrte3.
C' ' . ., flII ECTORY.
rrr::odr I1 Oflicers.
r: 'r. TN, Emnack Cit
t:. (IIDIITNGS'.
. 1.. i. WILLIST W.,
V. B. JEALY, Virgiaia City;
u r. A Madison County.
'. : c . ,.., .. " . , s "rpen.,
.A4LM:L . : .TANLEYT,
of t rgtniia City.
G. GTherz.t.
Mal or. Y r.
,
; rr - ...... . ' " - '. -. v r .inia City
, . i e . a: . be'.li cc the 2d
Le. . ~ L...hi in te C j r t
P. .,FF3OUT , W. If.
ýit ,`...TIE. : c: 'V.
SIv A. H. T.r:.
1 onA . M atterd.
.. . Jry Cook.
, R:," & COOK.
L.:... Vi:rna City, Montana
... [W. . LOVLL.
& . -A -£. ,I: .C EL,
--iiiQ's entusttd cto
1-3m
1. . I su;erton. Ii. ? rna.
'ielci- ,, Pahemberton & Burns.
- - . :-.. : : (it., Mo:ntr. T' rrito
' up-ti. -Gm
. .. . . aRnorr, L. W. Bi- f:Vo ,
CIel.
- : . " &COT" & IHORTON,
' :. t ., ,:. . .e aon i.d ho ,tr*- t. op:,. it,
,.: i.C , \:r i ty, Muntanr Territory.
- ?n
S. - . 'ir:-ia city. Montana Tyr
. 4 nLt. c a wk IW~9 on hand.
.", , , . c .i:-; -;-tan T rritory,
". ur ' o: 1s cuJ 1ta'tn r that he is ai
S ,.i ,, e,:.i. t:._ mn .ut_:ý of the hung.r.
n :.:I " r?;. fl..- y · ..s: t :t in the
,ri iOn rI;as, r sti acthed totheNew
i ";v York--rr'c ntly from la~nqut,
- I. . -, :.:;n C:ty, ,(-.; it- the h::y
eet. 1 - "hy
. _ LL ;,
. " tl r --, and Jewele . PNrticulr i
-..n;}i1 ir .T.r-mlri all cia.sa of watches. I
" ,- ").f .:v w.:tel can bh r ade new at this es- I
S . :.-., warr a.nted to give :.ti:faction.- I
' vi,:- '-:c: wens cf Jewely malde from
- : : id. I-]v
1.'evada Cit-, Montana Territory.
l.'Ui3 ITELLANGEP. - - -. - PtaPonIzTos.
{'ia ; t-: is tituatal en Main -tr-et, a.id in the
n.b: pe t of tCe Ci:y. The table supplied with the
S n in-k .t affords, and the valoon furnished
Sthfe o ..at liquors.
:: : ~: d. can b, hbd at reasonabhle prices.
0tz :-, 0 b.:-.: , inodc nt' . 2
FO' .VD.
l FrTITICATE OF TEN SMARES o0 THE
cI, ',; g '., tl.h :Sr StarCompa.y. The owner,
. i ","ty a ing for thi-~advertise
; t L- i a;.,z" c.amin at the City Book Store,
Sriln City. 4-t-f
SII.ANIC .AKELitY,
'vuerstreet, Virgi da City, M. . .en4.Ie h
Vin sit. l,roopietora. Keep on haud all' kiuis of
bread, cakee and pies, whico are going off like '"he
ks," at eleap rat es l--4
BUSINESS CARDS.
SDA1O HOTEL,
Wallace strept, VirginiaCity, M. T. J. M. Castner
proprietor. The proprietor announces to his eld
friends and the ptblic generally, that he is now
prepared to accommodate boarderp by them 'eal, day
S,r w ,ek at low rates. His table furnished with the
bt thie market nffords. 1-1y
T EW IS b RALE,
Manfct:ereto of .Tewelry, Jackson street, Vir
ginia City. M. T. Strict attention given to re
pairing all elasses of watches, and warranted to
give Patifac;ion. Keep oorstantly on hand a large
assortment of Jewelry. Every thing in our line
madrie to order at low rats. 1-3m
COL ORID O
i AIR DRESSING ROOM.
Eair Dyeing ind Cutting Done in
O OD STYLE.
TOM. WHITE, Proplietor.
?--l
Wim. DFCKER.
Spergeon bentist.
©FFTCE IN POST OFFICE E:UILDING. PA
tirent visited at their residence when defird.
S tr-3
RHOATH & CO.,
A AMERICAN WATCHES JUST RECEIVED'DI
1 reetfrom themanifretori.s.
]Evrrv dscription ofJewelry manufactured from
C th Native Gold. Call, Examine Specimen.',
itnd then jud;e.
Sign of the XAMMOTH WATCH
NEVADA CI'rY, Montah a Territory.
Virgini. City, Sept. 10, 1364.
3-Gm
Wm. DECKER.
INTELLIGENCE OFFICE.
Real Estate and lMining Agency.
All bkinet promptiy attended to. O1Ece in
Posf Oice Building
4-tf
J. T. HENDERSON,
PAINTER AND SIGN WRITER.
~flice on Cover treet, Virginia City.
5-rm
LIME AND BRICK.
BT
HENRY BAIER.
Also ..* B uilding, and all kinds of Lrick work
one t orn.. 5-- m
Win. CHUMDASERO.
, TTORNi' AT LAW, VIRGINIA CITY, MON
L tna Territory. (Yice, corner of Wallace and
Jackson streets, at J. A. Ming'sStore.
4--r
Shaving and Hair Dressing Saloon.
MUVTACHIE AND HAIR COLORL'G.
South Side of Wallace Street, Va. City
LYONS AWHITE, Proprietors.
ý i Y
J CHN S. ATCHISO1N,
NOTARY PUBILC.
REVENUE STAMPS AND BLANKS
FOR SALE AT
ALLEN & NRI1.LARD'S BANK.
VIRGINIA CITY, MONTANA TERRITORT.
4--tf
PEOPLE'S MARKET.
Wallace St., Neext Door'to Weary's
New Bank.
MEATS, VEGETABLES, QGAME,
ke., kc., de.
STEWART A BALL.
4--tf
L UMBEtL YARD.
Idaho str3at, Vir.inia City, M. T. JaTmr Gen
nall, proprietor. .leps constantly on hand all
kinds of tha last nrubecr, which wjil be sold at low
rate. I-ly
sTrAr EAKEIRY AND SALOON,
Nevada Citv. M. T. Patrick Ryan, proprietor.-
All persons wihinog good bread pre requ..ted to
call. Prices low. Aro, beer furnished with the
bet of drinki. -Here is the place to ;et an honaet
loaf, a ceak or pia, and "oomething to wash it
down." 1-4G
P-"ANT ER'S HOUSE
Corner of Idaho and Jackson Sta., Vir
ginia City, Montana Territory.
WTM. & JOHN A. SHOOT
(Formerly of the Planter's House, Hannibal Mo.)
PIROPRIETOI:3.
T 1E ABOVE NAMED HOUSE, FORMIEPLY
conducted by W~i. Sloan, Esq., having been
enlarged and re-fitted is now open with every facil
ity for the accommodation of Guests and Boarders.
Comfortable rooms and beds are provided and the
atble is carefully furnihsd with the best the mar
ket and senuous afford.
PaasePgera for the early Stage Coaches can obtain
good lodgings here and be wakened at the proper
hour. The patrons e of the public is respectfully
solicited. - x. Jro. A. SHOOT.
4--f Paorerrioss.
F. C. Conwau , M. D. S. L. F. WARD, M. D.
ars. COR1NELL & WARD.
PHYSICIANS & SURGEONS.
(Suacesors to)
Drs. BRLOOKE & GLI9K.
O~I fee on Jackson Street, blow Wallace. Virginia
City, Montana Territory. ly-12
Idaho 'tre*$, -*pp*lSto Rteordor's
Will irve Bo and Itodgig at $14 00 per week.
An one who iwst warm, **afitble 4 aul . l
ebeeAule of Stamps Regqired by the
InterataI Revenue Act.
Agreement or contract other than those
specified in schedule, or any appraisement,
5 cents for each sheet.
Bank check, draft or order over $10, pay
able at sight or on demand. 2 cents.
Bill of exchange (inland) draft or order,
not on sight or demand, or any promissory
note, cheek, memorand am,receipt or printed
or written evidence of money to be paid on
demand or at a time designated, not ex
ceeding $100, 5 cents, and 5 cents for every
additi(nal $100.
Bills of exchange (foreign) when drawn
singly same as inland; when in sets of
three or more, for each hill of a set, 2 cents
when not exceeding $100, and 2 cents for
each additional $100.
Bill of lading for goods to be expected,
10 cents.
Bond (indemnification) where money ul
timately recoverable is not ever $1,000, 50
cents, and 50 cents for each additional
$1.000.
Bond, (official) $1.
Bond, of any description, except in le
gal prcceedings or in connection with mort
gages, and not otherwise charged in this
schedule, 25 cents.
Certificate of stock in any incorparated
comrnany, 25 cents.
Cer: cate of profits, or any memoran
dum shNowing an interest in property or ac
eumuhation. of any incorporated company,
if for not les. than $10 and not over $50,
10 cents. Exce6.:ný $50 and not over
.31,000, 25 cents, and for every additional
$1,000, 25 cents.
Certificate of deposit, for not ]Rss then
$100 dollars, 2 cents, and for over $i00, 5
C rtficatea of otbhr descriptions, 5 cents. 1
Contract, Broker's note or memorandum I
of sale of goods or property of any kind
issued by brokers or persons acting as
such, for each note or memorandum of sale,
10 cents.
Conveyance, deeds, etc., of real estate.
When counideration is not over $500, 50
cents, and for each additional $30O or
fraction thereof, 50 cents.
G--uger's return for quantity not over 500
gallons, gross., 10 cents. Exceeding 500
gallons gross, 25 cents.
Insurance (life,) when amount insured
is not over $1,000, 25 cents. Exceeding
1,000 and: not over 5,000, 50 cents. Ex
cecding $5,000, I dollar. (See Mortgage.)
Insurance, (marine, inland, and fire.)
Policy, !hen premium is not over 810,
10 cents. Exceeding *10 and not over $50,
25 cents. Exceeding :'50, 50 cents.
Lease, agreement, memorandum, or con
tract for are, use or rent of any land, ten
ement or portion thereof, where the rent is
not over $300 per annum, 5G cents; and
for each additional $20%, or fraction there
of. 50 cents. (See Mortgage.)
Measurer's returns, for not over 1,000
bushels, 10 cents, and for over 1,000 bush
eNls, 25 cents.
Mortgage of real or personlt property.
trust deeds, etc., or any personal bond
given as security for payment of any def
inite and certain sum of money, excceding
$100 and not over :,30, 50 cents; and for
each additional -j.5J0, or fraction thereof,
50 cents. Provided, that upon each and
every assignment or transfer of a mortgage.
lease or policy of insurance, or the renewal
or continuance of any agreement contract or
charter by letter or otherwise, a stamp duty
shall be required and paid equal' to that
imtuosed on the original instrument.
Power of attorney for sale or transfer of
stock, bonds or scrip, or collection of divi
dends, or interest 25 cents.
Power of attorney or proxy for voting at
elections of any incorporated company ex
cept religious, charitable, or literary, etc.,
S10 cents.
Power of attorney to collect rent, .ao
cents. I
Power of attorney to d'ell or rent real
estate, $1.
"ower of attorney for any other purpose,
50 cents.
Probate of will, or letters of administra
tion, where the estate shall be sworn notto
exceed .$2,000 in value, $1, and for every
additional $1,000, 50 cents.
Protest, 25 cents.
Receipts for payment of money or any
debt due, exceeding $20, not being for the
satisfaction of ary mortgage or judgement
of court, and receipt for delivery of any
property, 2 cents.
Warehouse receipt for goods, etc., not
otherwise provided for in any public or
private warehouse, when the value of the
goods is not over $500, 10 cents, and for
each additional $1,000, 10 cents.
Warehouse receipt for goods, etc., not
otherwise provided for, held on storage in
any public or private warehouse or yard, 25
cents.
Weighcrs' returns for weight not over
5,000 pounds, 10 cents, and for weight over
5,000 pounds, 25 cents.
Legal documents.-Writ or process by
which suit is commenced in any court of
record, 50 cents. Where the amount
claimed in a writ issued by a court not of
record is $100 or over, 50 cents.
Upon every confession of judgment or
cognovit, for $100, or over (except in those
cases where the tax of a writ of a com
mencement of suit has been paid) 50 cents.
Writs or other process of appeals from
jvstices cocrts to a court of record, 50 ets.
Warrant of distress when amount of
rent claimed is not over $100, 25 cents;
exceeding $100, 50 cents.
No writ, summons or otber process issaec
by and returnable to a justioe of the peace,
except as provided, or isuesd in any e7yminal
or other. uite,.eommenoed by the United
State, or aay S6ate, ehall be subjeot to
payment of stamp duties .
Affdavits In saits or legpt proesqdingp
are ezempt. from s*tmp deriee~
SMedioinesor Prepuratio. sand Pserfame
ry, when retai. price or vaiu doe. *a"ex.
sed " setº a o*at. e. :e .. °-...
I llen. se p do a ge.i w . e 60
ees, 2e5 e .. . . - .
When such price does not exceed 75
cents, 3 cents.
When such price does not exceed $1,
4 cents, and for every additional 50 cents
in such prier, 2 cents.
Friction Matches.-For each 100 matches
or fraction thereof in a package, 1 cent.
SFor all cigar lights and wax tapers double
the rates on matches.
Photographs, when retail price is not
over 25 cents, 2 cents; when not over 50
cents, 3 cents; when not over $ 1, 5 cents,
and for each additional $1 Qr part therof,
5 cents.
Playing Cards.-On each pack when the
retail price is not over 18 cents, 2 cents;
when not over 25 cents, 4 cents; when not
over 50 cents, 10 cents; when not over $1,
15 cents, and for each additional 50 cents,
5 cents.
COURT PROCEEDINGS.
CUARGE
Of Chief Justice HosMza, to the Grand
Jury of the First Judicial District, M.
T., delivered, December 5th, 1864.
GENTLEMEN or THIE dRY:--The assem
blage of a grand jury in this new Territory,
affords opportunity for a casual survey of
the interests comnkitted to its charge. "The
cause of Justice, hitherto deprived of the
intervention of regularly organized courts,
has been temporarily subserved by volun
tary tribunals of the people partaking more
of the nature of scif-defence than tho com
prehcnasiro, principles of the Common Law.
It is no part of the business of this court to
find fault with what has been done; but
rather, in common with all good citizens, to
laud the transactions of an organization,
i which, in the absence of law, assumed the
delicate and responsible office of purging
soce°t of all offenders against its peace,
happiness and ea`st.
Such societies, originating in necessity,
have been communities wi:boutlaw, and in
which the penalties of the laws were not
proportioned to the criminality of the of
fence. Their adaptation to the nroeesaid.ec
of new settlements, has obtained for tn.m
an approbation so universal, that they are
the tirst measures resorted to, by w.il-in
tentiouced men, to free themselves of that
vile class of adventurers which infest all
unorganized communities for the purposes
of fraud, robb,.ry and murder. In no part
of our country have they labord more ef
ficiently than here. No where else did they
enter upon their duties, amid greater em
barassments. It was questionable, even
when they commceced, whether they were
numerically equal to the task. The sources
of official power had been monopolized b!
the very class which preyed upon societv.
The greatest villain of them all-with hands
reeking with the blood of numerous vic
time-was the principal ministerial oncer of I
the Territory, and had at his beck a band I
of wretches who bad become hardened in
their rloody trade, years before they came
here to practice it. In this condition of
4ffaips, there could bh but one of two
courses to pursue-to hang the offenders or
submit to their authority, and give the
Territory over to misrule and murder.
liappily, the former course prevailed, and
the summary punishment visited upon a
few, frightened the survivors from the Ter
ritory, and restored order and safety.
Much as we may approve t o means of 1
self-protection thus employed, and the
promptitude with which they were applied,
our admiration ceases, when they assert an
authority defiant of law. and usurp offices
which kblong only, to Government itself.
We give them all the credit they deserve,
by according them praise for what they
have accomplished; but they have fulfl!led
their work. To go farther is to commit
crime, and undo whathas been so well done.
They are no longer necessary. No law
abiding citizen wishes their continuance.
They should at once and forever he aban
doned. Courts of law and equity-such
courts as our Government and people, eve
rvwhere, throughout our great republic
recognize as authority, and from this day
forth, established in this Territory, clothed
with agple power to investigate and punish
all offences against the peace and good or
der of society. Let us then erect no more
impromptu scaffolds. Let us inflict no more
midnight executions, Let us give to every
man, hop aggravated soever his crime, the
full benefit of the frecman's right-an im
partial trial by, jury. Vigilantes and
courts-and all good men can co-operate in
fulfill;ng the grand purpose of the criminal
law; that of bringing offenders to justice,
without violatihg any of its provisions; but
the very first element in such a warfare
against crime, must he tLe general recog
nition of courts of law, as the areat con
servator of peace and safety. No resort to
any other power is justifiable, or consistent
with good government, except in such exi
gencies as that through which the people of
this Torritory have so signally passed.
Again, genuemen, wnere is uanger in ne
continuance of these organizations, to their
framers. The temptation to perv.rt them
from theirlegitimate object is so great, that
instances have occurred in other societics,
where they have committed more flagrant
offences against the laws, than those they
were designed to prevent. There can be no
morality or progress in a public sentiment i
founded entirely upon the principle of
lear. It is a principle at war with all the
principles which lie at the foundation of
our Government. The sooner that society
ii rid.of it, where it prevails, the sooner
will it be animated by a strong and health
ful affection for the government and its
laws. In a community restrained by the
operation of good laws, any subversive or
gsaisaue3s are eriminAl in theraselves, and
should.be amaqg the first subjects to arouse
the jealousy and stimulate the investiga
tioms of a grand jury. Yoe. will perceive
si slepriety of ~uch rermarks, gentlemen,
at Shi time, when you consider that for,
every execution by any body of men, un
savsiorsed by law, whatever their organi
sation, it would be the imperative duty of
this spert, t harge you that they had
. ben~ iJIty'of a highly penal offense, sad
.: .... ., ...... I ..' . ."
to urge you to the utmost vigilance in your
Inquiries to expose them and present them
for trial and punishment.
You, gentleman of the jury, have been
regularly empannelled and sworn to make
enquiry into the crimes that have been
committed in this county. Your duties are
both delicate and responsible. Your oath
requires that you present no person through
"malice, hatred, or ill-will." They need
no explanation. Another part of it, that
"y ou will leave none unpresented through
fear, favor or affection," more dim
ault porhaps of performance, is equally
comnprchensible. Another part of it, that
you will leavo none unpresented "' for any
reward or the promise or hope therof," I
i will not com-nment upon, lest you might re
gara it as an imputation upon your integr.
ty. A person accused of crime, reserves
st~ll another and an important privilege
through the medium of your oath, and that
is that you will make no disclosures of tes
timony, except when called upon to do so
in a court of justice. The most perfect
protection is thus given to the character
and reputation of an accused person-a
protection which should never be with
drawn, until a jury is satisfied of his guilt.
This oath, gentlemen, is, of itself, illustra
tivu of the exact justice with which the
law seeks to deal with those, who are bold
and bad enough to violate it. There is no
rengeance in it. It neither pursues or pun
ishes from sinister considerations. Justice
with us, like. the heathen representation, is
blindfold, that she may not see where the
blow must fall, but she holds the scales
with equal poise, and the sword is in read
iness to inilict condign punishment upon
him who is found wanting. She seeks only
to answer, in a rational manner, the de
mand of every good man, who feels that
his own nature has been belied by the com
mission of crime. She aims to do right.
The offender is punished because he has
disturbed the harmony of society. If his
crime has been that of murder, it is not on
ly the destruction of a life, but it is the
offence against God-against morality-the
terri.lo example thus furnishsd, and the
d:. ger to Rociety of permitting such a
crime to go unpun{i!,ed, that the law con
siders. Death is intiic;:d because no
lighter penalty could anst - Cer tUe eemand
of juitice, and not merely for the purpose
of taking human life. So with subordinate
or lithiter offences. The punishment pro
portioned to each has more reference to the
society that has been outraged, than to the
miserable individual upon whom it is in
licted. li., indeed, whether on the ecaf
fold or in the solitude of the prison, is but
the instrument which the law amploys, to
shadow forth its judgments upon minds
yet uncontaminated by guilt and crime.
As the result of this grand fabric of pun
ishments, peace and safety are preserved
crime seldom occurs-and all fears and
anxieties incident to an unorganized con
dition of society vanish before the benign
and omnipresent spirit of the law. No one
doubts, gentlemen, that it is the desire of
all good me.n, that a society, conformed in
its rmannirs and custome, its laws and ob
servances, to that' which they have left in
the States of this Union, should grow up
in this Territory, and exercise an intluence
for good, for all time. No one doubts that
this may be produced, if courts and juries
co-operate with other moral agencies in
purifying society of those evils which lie
at and are continually sapping the founda
tions of rational happiness. Much-very
much of our future character as a pcople,
I depends upon the manner in which crime is
met at tae commencement. You can all
bear witness to the fact, that where men are
themselves indifferent to the various influ
ences usually employed for their protection
and refinement, crime and disorder prevail;
reiigion is neglected; the Sabbath is cus
tomarily profaned, and society itself be
comes irresistibly the minister to all the
tower and baser Dassions of our nature.
Few moral enterprises, gcntlemen, are
more dificult of achievencnt than that of
roforming a peopl3 who have habitually
yielded to the sway of vice and imarorali
ty. A steady and uniform application of
law to every offence, in such an exigency,
is the surent resource, and to that must we
look for the corrective to those abuses,
which come under your consideration.
Your part in soourging these evils from our
midst, depends, not so much upon the
amount, as quality of your labors. If by
your action, the violators of law and cor
ruptors of society understand that they
cannot ply their vocations with impunity,
there will soon be an end to many of the
disturbing influences, which now defy law
and order. The criminal code of this Ter
ritory, like the codes of most bf the States
of this Union, provides for the punishment
of all classes of crime, from those that are
not grievous and aggravated, down to the
petty offenses generally incident to a state
of civilization. Let me urge upon yoo,
gentlemen, the importance of giving to ev
ery subtct that may by posaibilitX af
feet the peace, the morals, the purity, and
the safety of this Territory, your earnest
and conscientiou5 attention. Rtemember
thea it is intended, that any thing arn every
thing which breaks down, and ,.;t at nought
the established usages of civilized Pooiety,
comes within the purview of a juror's oath
--uad that if our statutes are deficient, the
oversight of jurors may have a salutary in
fluence upon the labors of legislators. You
can, by timely action, purge this district of
mauy of those potty evils which now cor
rupt it. Of this charsctcr are those of
fences under tho names of prize fighting,
gambling, Sabbath breaking, and all thuat
category of offences, that spring up almost
spontaneously in unorganized commuini
tees. Would it not sorprie you gentlemeo,
to hear that any of the older'StteW had
lapsed from a state o:,hgh uioratty inito
a condition marked bbre lth smoral . ora e
Lities ? Why shoald ttey ezist ere? I.
there less to oceasion a blush, Os the brow
of. an Ameriean ;sli ,e at toe.e tafb tiotr '
of a pri~ae.ght. te 4, s tha
new orritor f , t J the
mrfe highl7 of Eag
land Shall we wemderl.ssamid the pure
atmosphere of the Rookir.Mountains, at the
improprieties which meet; our observation,
on every hand, on each succeedlagsabbath
-at the street auctions-the music-the
prize fighting-than we would to find the
same, in the streets of New York or Phila
delphia? Let us labor, Xentlemen, to cor
r_ ct these gross immoralities.
On reference to the ittatute prescribing
the nature and punishment of crim', I find
nothing which requires me to charge you
specially upon any of the offences therein
defined, and I am h ppy to add, that as a
result of the means of self protection em
ployed by the people of the I erritorv, there
are no persons in custody against whom any
heavier charges can be sustained than those
punishable by fine and imprisonment. The
task before you, gentlemen, is therefore
relieved of many of those embarasmcentU,
which necessarily surround every iuquiry
involving the possible sacrifice of human
life.
I am apprised by the District Attorney of
the United States, that he knows oi no of
fences requiring your attyntion.
To assist you in the discharge of your
duties, you will have the advice of the Dis
trict Attorney of this Judicial District.
Gentlemen, you compose the first gr,snd
jury ever assembled in this new Territory.
Your deliberations will invite the attitction
and challenge the criticism of all clasees
of citizens. Do not, I adjure yo,u. disap
point the expectations of all gooj mnie.
Consider how much yot have to do twards
establishing the moral purity of this new
Territory, and while von allrow to tl.noe un
fortunates who are charged with crime, anil
the benefit of humane and jist laws, ever
remembering that in the lands of God
himself, Mercy is the concomitant of Jus
tine, do not forget how much may he lost
to society by your indifference or i.eglect.
The folloiing is a list of the grntlemeu
comprising the grand and petitjuries :
GRAND JURORS.
J. J. Hull, foreman,Ilenry Tflmrnpson,
Thomas Btaume. B.R. Mar::t ,
William Decker, J. W. Patter,
George Brandlt, W. P. W'heeler,
Samuel Rusaell, Lestcr Camp.,eil,
L. H. Davenport, J:un's Willhmns,
John Ault, J. Iild:Ar~nJd,
Joseph Brown, .Jhn Vanderbilt,
L. S. P'ck.
PETIT JURORS.
M. I. Lott, B. F. Christr.ot,
A. O'Connel!, J. T. P. Fetcher,
John Dnncen, David E. Folsoi,
John Smith, 'l!iver Swect,
Thomas E. Stokes, B. W. Sweet,
W. M. Barnum, W. Scovil;n.
A most Imunportant point was rnised befate
Chief Justice Hosmer, on Mondayr last. It
appears that, accord.ng to the Idaho stat
ntes, lawyers practising in the dtstrict
courts must pay $10 :foir license, which is
set apart for the purpose of parebasing a
Territorial library. A number of the m m
bers of the bar object to piy thig, on the
ground-that the laws of Idaho arc not in
force here. Another party contended the-t
though the general laws of Id.lho are binn
ing here, yet a special statute cannot Le
enforced. Those who take the opposite
side of the question reverse these, poritone,
as their stand-point, and afEnr that all the
laws of Idi.ho, loc.llv applicable, are valid
enactments in Moiitana; and that the sub
stitution of the word " Montana," for
" Idaho," in the statutes of the sister Tei
ritury, is all that is riquire d to form the
executive code of inw in Montana. Tho
question is a moite rpint of tiied grat·.n
public interest. All suitors Thould be aware
that the question is raised as to whether
the cormmon law of England, the Idah:,
code, Louisiana law, anarchy, or the old
state of afTairs under the rulic f the V:
gilantes is to be the l gal status of Monta
na. his honor has reserv.d his decision
and so the matter stands. l'here is, how
ever a gleam of comf)rt in the idea that
the Legislature is to meet at Biun.ck on
Monday; when their first duty will, of
course, be to settle this vexed que.t'on. As
public bodies move slowly there must,
however, be an interragnum, till the r-su.t
of their deliberations takeh th- shape of
an act. The argument before the Chi f
Justice was very ably maintained by th,
Bar, during a discussion of svrsal hours,
on the free fight principle. Col. Stafford,
Messrs. Sanders, Clhumasero, and the.r
friends argued for Idaho law. Mr. Tho-
oughman, Judge Spratt, cum muleia aiiLs,
taking the othet side.
Ttr "LosT ExICRaAr Mizss."-R. Weeks,
of this city, has handed us a private letter
from Dr. I. 11. Brunev, who it will 1e re
membered has been corresponding witk as
the past season when oppo'tunity was af
forded, during his explorations for the
"Lost Emigrant Mines," about whioh so
much have been said. The doctor has been
unsuccessful. lie found the stream the
emigrants call "Sandy," and where M:s.
Hamilton and others informed Dr. )ain
they had picked up gold, but he failed to
discover any, or even indications of any.
The last expedition left Canyms City, with
Dr. Draney on the 8th of August, and con
sisted of twenty-eight men and one squaw
of thePitt River tribe. They p~oceeded to
(loose Lake, Lake Albret, Silver Lake,
Martin's river, DesChatee river, and. sev
eral other places where water was to be
had, but found no gold, except aiittle on
John Day's river, on the return home.
Nine men and the squaw left the party at
Gooee Lake to proceed to Fort Crook and
Ave lt.et at ountain Spring, reaching Oan
y7a City4tbnut a wiek in advameeofthe
dostor and the remainder of the party, *ho
strived the 4th inttant. The bompany
tra'eled over eight 'hundred and niseat
miles of s region of mnountaine, sage pla..
and de~erts, and bave snffered me prtha
tion fro~i h)*s 'pad thirst. Th e eu 4
sevet'th.r Ytorible locali 'e..-lr
being as idiiSusaiT dry sgaes } ?er
dot and whw to e rpeelseti a
ý::1 .'. : o :" . l t : t 3 t

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