
    Matthew Carey against William Cobbet.
    Bill of exceptions will not lie against the opinion of the court, in refusing tlie removal of an action brought against an alien for a libel, into the Circuit Court of the United States.
    This case was exactly circumstanced as the preceding one, and a similar petition filed at the last term.
    On the delivery of the court’s opinion in the action brought by Dr. Rush, Mr. Lewis for the defendant, declined arguing the point of removal, hut prayed that the court would seal a bill of exceptions, and cited Bull. 515. 2 Inst. 427.
    Mr, W. Tilghman for the plaintiff, insisted, that the question of fact whether the matter in dispute, exclusive of costs, exceeded 500 dollars, was solely and exclusively to be judged of by this court, and he made to appear to their satisfaction. The maf.ter of law must arise on facts ascertained, and not on those denied. Show. Pari. Cas. 120.
   The court said, they had no difficulty in refusing to sign the hill.

Motion denied.  