“In taxing the bill of costs in this case, the clerk refused to allow to the successful party, any compensation for his own attendance, and for his travelling expenses, because no such allowance was, or is allowed by the laws of the state. He also refused to allow to the party’s witnesses more than fifty cents for every twenty miles travelling, and the same for each day’s attendance; his opinion being, that the act of the 28th of February 1799, is confined to witnesses in criminal cases, who are to be paid by the United States. The counsel for the successful party now appealed to the court.”