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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