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right to hear and determine the
la fi To deprive them then* oi
the privifegeW hearing and deter
iriraag im law* is as much a ips
tfosi of their rights, .as to d€p&*e’
them of the pmnJf of hearing
ar-d determining faces. The right
pi the accused to fee heard upon
ihsfaSs to'the fury, h n&t more
hi a right, than the right of
heard upon the law to the jury.
To deprive him thereof the privi
lege oi being heard upon the law
to the Ji2f y;is os much a violation^,
of his rights, as deprive him of
the privilege of being heard upon : |
the feels to the jury. * ]
Bur, ft 4 v’i are availed by a
train of reafoniug on the part of
the rely-w dear. in exculpation of |
his conducl, which it may be pro- J
per to notice in part at this flags of j
• 2 rgument* Ifs informs us in
his answer, that the law of treason
having been solemnly fettled by
prior adiuJirations. he was not at
Irbeitv U% depart from principles so
ft even had he thought them
incorrect, and he enters into a
lengthy* JifculSoii to (how the im
porVance of uniform adherence to
<f clri es prmeriy confdered and
frlemriy Gfobu&ed. It is no part
of my intention to dispute either
the corrfcbnei's of the decisions pre- |
\ foully made upon the conditu- 1
tional doctrine or treason, or the
propriety of an adherence to those
dtcilions on th£ part; or judge
Chafe. For akhol confidei* both
extremely quelionab!e,they vet ap
peal’ to me to constitute no part of
the picieut
ry is whether the judge was au
thor] fed or can be excused rcr de- j
livering an opinion u|>oii the law |
be tore counfd were, heard on toe \
part of the accused, and tor debar- j
r . ,r, * r r i
nag cotinfe! from the exereue or *
their conftitutlbnai privilege to ad
dress the jury on the law as well as \
the hds, thereby making the opi- ■
nion thus prejudged and thus ex- j
tra-judicialiy delivered completely ,
decirivt? of the case. And give me
leave to fly, fir, that the reafoaing ;
refuted to hv the respondent to
excufethis conduct on his part is, j
in inv opinion, an aggravation of j
his offence. it is of importance i
truly th.-.t juries fivjtild be guarded
agair.it improper imprefiioes from
cuunfeljby havfog the law previ- j
oufly explained to them. And it j
is a favor to counsel to be informed
that the ground they meaA to oc
cupy Is not tenable, that they may
look out for other refburces.--
Would not this reafonirtg go to su
thoriie a judge in all criminal pro
secutions to fettle the law before
the case was heard ? He has no
thing else to do, fir, according to
this do&rine, than to inform hkn
felf of the fa&s, as in Fries’ case,
and then before any trial is had
fettle the law; at the fame rime
prohibiting council from arguing j
that to tho jury. And if the rea- j
foil thst I’he law has been so so- |
lemnly fts‘tied that it cannot be de
parted from is to form an excuse,
the more fettled the law, the lon
ger pra(2;iced upon, the ft ronger
the reason. In every case of mur
der or theft then it is to confer a
favor on the eounfei to inform
them what grounds are not tena
ble. It is of importance to inflrd&
the jury what the law is upon the
-case, that they may be guarded a
gainlt improper imprdffions, and
then to repder this object effentlal,
prevent the eounfei from arguing
the lav/ to the jury, la the case of
r* *• t L f i *g ?
r f iwS 1 Hoihi it enru lae khou ivusv
ot the judge that the cale tfopend
circumftmwe “highly ? aggravating
his offence. He Jtaew.£hg &erL
was no dilute as to faffs, and that
“by thus r * judging the law, he fix
ed the tieitiny of the accused. But
it was material to do this to guard
the jury from i nproper iiriprcfli
ons ! My God ! has it come to
this ? and is this tbe amount of-our
boasted conluiunoiKii right of jprj
trial, mat they whole exclusive
* right it is to ce.enr.hie both the law
: and the fact, are to be guarded
j from improper imprefiions by the
: prejudged, extra-judicial dp;nion of
him fe ho possesses do right to deter
i mine either !
We are told by the respondent,
; that he not only never imerdided
the council for Fries from arguing
the law to the jury, but that after
wards on the next day exprufoy
offered to let than take as v:"de a
range as they pleated. Mr. Prtfi
dctit, I mult confefs I have been
di&ppointed. I had expected that
much of the defence ageinft the fe
cund article would ha ye reded up
on the trans ct;bos"of that day. I
haiio expefi-d, n:.t became of any
opinion of my own, that fro u
them any fubfiautui excule could
be extracted ; but oecaufe public
opinion bed foaimvhat in v fined to
rest an excafe upon {hat founda
tion. For myfolf, k hasbeen nry m;s~
fortune not to perceive in tins part
of the tranuaion any features otner
than such as afford additional proof
of the uniuft aad opprulive latent
with which- the
have a fled. Indcv'.iX, i&s. M- j
conhdqrlU ‘-he. i
tranfiWbhs ]
dangerous topics*,;- -P^ ;
■fed foemiligbtly ■ indeed. ? f his cv£i*_
duel has been so free from biame as ,
is contended in ifie amwetg why
was an appearance of lairneis to be
caff over the scene by having the
ptipers recalled upon w r hich tliu Or
oimon had been wi-itten, whl’ff the
opinion it felt remained t A fin it
view dr this part cf. the tr;.nfxctioa
may hot be cni npf rtant. It may
afford us ftrr ng pi oots ot the mo
tives of the refporideht. We are
led to inquire why the were
recalled ? Was it because pi the
; opprdlice tendency v/.th which
| they operated upon the case bf the
| accufi vi r \Fas it becaufo of any
j convlclion on the part of the judge
| of the impropriety of the fleps he
i had taken, or compunction for the
j cruel Ikuariori in which he had
: placed poor Fries ? No, fir, the pa
pers were recalled because of the
firm and manly (land made fay the
counfeh It was becaufor fhofe
counsel were men of characters too
independent, and were governed
by a ienfe of duty too high to iub
! mit to such a proft ration of their
i rights. The determination to re
| call the papers was not taken until
after it was seen that the qounfel
would abandon thdr cause rather j
than acquicfce in a conduct so op
’ prelFiveanii so injurious. j
This re calling oj the papri'S was *
a farce acted idr the purpoiebf giv- I
ing a specious appearance to the *
face of things ; bul: the folly there- j
of could not be exceeded by the j
criminality of the lit It atb Waai
the crime rhe greater becatfe the
opinion was written l Was it the
aft of writing the opinion and
throwing down the paper to foe
bar which cofiftituted the evil l a
Fries ? Or was it the fdfeadea of
....
lo%eri to try tlie accuied l #
my opinkm it whs the. laft*
e\ii was compicie by tne acf of pre
judication., and the
paper could have no polhbie eifccl.
ihe caie of the accpffd hsd been .
predereimined had been extraju- 15
clicialiy predcLc mniexi—predeier
miaed bv the juvigCi who had iiO
right*.to. detetmme klat aii ; taiid :
the counfd the ioriorn J
hope ut c^nvi
the opinion by him was
ei ro;i.ous. t ; 1 hev might, be h rd
in oppofrdon to Uo# opinion oi ihe ;
coui L at the Kasai and of their dia- •
raclcrs.” .-‘ibis is ils deCiamica.]
on the fee hal day.
If then I were asked. as were
Fri s's c ui.rd, on the fecund day, .
bv the other judge, and as I know ;
many are now dnpolui to aik,
whether, ti an error ford cow- i
ufottefo I would lukhr it
corroclvd ? I would .. at
this was an atl which b* tii its na
ture admitted of no
was a crime complete in its per-
fonnauc a, and complete in ad its
cpn.focuences. Repentance, eveS’
had there been any, cuuli nave
i Ctici, Coy *
As well might a man, after he had
foffcled a .Rortal wepfed upon ap*
order, atkio. bee a,.
. before t;.e death of the wom.ded
lie \v ‘ b; ought to relent, di'orn ail I
appreheniioa of the cordequences.
l-< “iv opinion. IfUke ■ •
com iuucd a .fin not to fee repeat j
eq oi. _ N -a; H
j
• fMt t^T^raiaflygOp'*-
1 files’ tit .-tKiDfifS ‘tier extsno Q'.h.m
. - Jar*-.-- *'“l ‘ r *-
: ; to raeqjpi oil hat’ ti mix q, ?4 ; d : we
j do riot learn lliar f.Fe ba ; s brfiffjhf’ ’
; any latcf.. af he captain itforms us
that the Btxft freer df tw&ry-ISfe
j fad wee out, and that they were
in purfuii oi the Brkifh ®anhei
Scet, whibh con filled of only nine
j teei;.
1 Anew method has been difcov;-
eretd for dvina cotton arose col-
J r.. n
our, for which purpose the wild
pb nos and qu trlaric or lulpheric
3lc and die employe u-^Ccurkr.
’ ■ ~ •' .
M. Jerome B n ioarte ana lady
have arrived at Ldbon from Baiu
morc. .. ‘‘jfe- . . x. *
i * e-,v ’ - y ,- : ;
TIUNTCW, (N. j.) MAV .1
ExtraS: of a fetter fr >m a gentle
man at B-Kfffer<% Sirifox coun
ty. t;> oi this papr.r,
dated May 7.
. ‘ ; s : ■ v. 1 - % I
“ The'flate quatfcy jjjely dncoy-,
ered bv Mi% B *♦, on the iUeia- ;
ware, •bear the B ue mountain, is j
now rapi 1!v •. .peuing,- an.i tee ex
pedfntions of the proprietors great- ;
1/ - \ ‘j
| fit Pieces of flute to the length of
! 5 ket, not exceeding in ihLkucfs
| a quarter of an men, may now be
!. The h*.iad Hater, who is
impete.d judge, alfciU the j
1 quality of It to be mperior to any
i heretofore uncovered, cither in A- j
| merica or elfewhcic ;as to the j
quantity, from the appearance of I
thence, hpara tel
‘.-* ‘ ‘ •
aud at nhea v ■ „ 1
o’clock in the ai teme, . ‘ # *
| “ One of she U'd
received at New-Vcrk ft v
poqj, hy*4 ‘co|tofo'c :i I
Lift'auvices, afid confkt uhlfc.B
Thk'fcfof. lining thts 1 •-,1:1
f>me of the holilers uf.F •. $
ties at 21 and. for iffe forn er *t>d ; fl
cept. vVlthin these ter , 5
appearances have been m ;ch ipccl
fiVorable, arid from f: 0 to Be 9
and one lot cf - Jj
23d. p:T lb. and about •: feaq- 9
i\ ivr Urkar.s at 2.. : J
| tor., are :gl\ ju.ii rdeaffi ‘'-aLpaarj
. r |
j aiift'thv.r * tnll-obiSs
I
|. - \ “
have been {old at isr-'Beha id 4
tug the lower qu.Tries, and 71.1
40. iot tne
fimdj lots.of-very fine have obtih
ed 4sfo 43. 3d. and 4s. 6d. aw
even -4.'. Bd. per lb. was given h
13 bags of St*. Simons ; but ill
quantity of very’ fine cottons to h
met 1 wnii is very rafting inJteJ
an !on y one lot; of the new 7 crrJ
we have Vet comes under th l
“‘d.-oami’ and this cdfffftdj
oi \z bag> from C.vandton, whidj
we ytfil. rday a;.i ?x the high pchl
oi 4s. 3d. per pound.
Exfrdß afa letter from Kuhn Id &j
at dated 2 Sib JaMM
iboyi retmveihat-.N- 1 ort* , 1
j * ‘i ; ue dpnbh war has : m
I greftf riie-to ilourai arkets, pan*-1
; icirly xxfTe. and huge rs, f
‘ will command 35 cents per
■ and Uigoaf, jffc*saiina’ m
’ *7 iu!id a ' iJ ? ‘ is 4fa
cry other iirgde on the vi:3.
great fte in Weft Bdia
will piLbafcly call’ all the
, of the American
I meats .of tkefe articles,
; [y as out oqrt Is not uiohftes *j|
I any blockading
| trais ;<re conUDoaily
, going out without meeting m m
iiiigW vti;U at war.” , I
An arrival at Boston brings W|
don accounts to jbe 9th of Apj- Jj
they Hate the Brest