\TTTTTTLTY A RADOIIIR B AT NEVW-HAMPSHIRE GAZETTE S REMNERAL ADYERTISER [Fol. KXV ] ~For THE NEW - HAMPSHIRE ' GAZET-IE. M fizurs PRINTERS, WS nf ¥AD the Mnnitc;‘r considered, By o mel kg ‘a2l 3 wriier who appears 10 @s{f’“&ag a tiltitious charater, can be #al Yo entiiled to no other respect @ et @ than what his preduétion {dc;; : serves 3 though he himfe : MK {hould be of 1&%(: most illuitri= ous charalter and shining virtues, or candi date for the most exalted flation in the go vernment ; would his delicate teelings have been so wounded, hisrefentment {o inflamed, or his reafun fe blinded by prejudice, as to render him incapable of difiinguithing a lit tle afpecity from feurrility, an honest indig nation from i/l nature, or a laudable zeal for truth and the best interest of the pesple; from - 2 want of decency ? Surely he must be highly incensed 7ndeed,to have forgotten his favorite objeltion to rotationin thecon/titusion, while he loaded me with a RoTAaTION of hard words throughout his gentee/ performance ! If warmih of temper be evidemce of a wri ter’s having secret wiews, er oblique designs unknown to the public,what wouid one think of the Monitor's ? According to his catholic rile of judging, a person would be led to fuf ipeét the Monitor Aimfelf must havefome deep _ designs to prevent the people from adopting 2 free corfiitution } If winching is a fuether evidence ofdhis, how will he e-xculfiaté himfelf 2 Though no adept in law;or the history of ju risprudence, I will venture to assert, that ge nerally by the rules of common law, every of fence committed upon land,within the king dom of England, must be tried within the couniy wherein the fame was committed. This continued the invariable rule of the common law, ’till the 23 H. 8. when that imperious prince, with his venal, pliable parliament aitered it, in cases of treason, misprision of treason, and murder. But afterwards a parliament, more regardful of the rights of the subject, repealed the detes table 2&t of Harry the Bth, so far as it ref peéted treasons within the realm,and thereby restored the common law touching the trial of such treasons. No such offences in Eng land,can at this time be tried out of the coun ty in which they may be perpetrated : nor were the judges there,not even excepting those of the fiar chamber, ever invefied with a power ex officio to remove the trial of criminal causes from one county to another, for any reason whatever. He must be also mifia ken, when he asserts, ¢ that it has been the invariable praétice in this country, for judges to remove the trial of causes from a county “where the fa&t was committed, to some other,” &c. If the Monitor means criminal causes, which he undoubtedly must, by his shode of diction. *¢ Where the a& was com - witted” (and which he declares to be his mieaning in his queries) I must beg leave to 233{11011 this assertion, *till vouched by some igher zuthority. So far were the J[‘u_dgcs from conceiving themselves cloathed with such a power, that in a late case, where an inhabitant of Grafton imprisoned in the - eounty of Rockingn.., and charged with high treason again{l this State, solicited them to try him in any county ; their.anfwer 10 his. solicitation was, (as ] underflood) they - had no quthority to try him out of the county SATURUDAY, January 26, 1782, of Grafion, (though that county then denied the juriidiétion of this Sate;) Upon which he pefitiunt:d the Gener;‘!l GC!?*ita grant him a trizl in Rockingham3 4771 < #ained an aét tor that purpote. T"'iuu;w’afl{ l's‘iejz‘sdgar and legislature in this case, if it has not the force of precedent, yot {peaks a language essen tially different from the defirine advanced by the Munitor. But perhaps he will revelt at the very idea of his judgment being set in competition with theirs ! 1i not; I would ask the Monitor,why the Legislature of this State, lately pafled an aét to zpprehend offenders, who should escape from the county where they had commitied a crime, to some other ; and to bring them back for trial to the coun ty where they had cffended @ Thetitle of the act idelf will furnith bim with-an an{wer to my queflion.~=¢ An a&t for preventing cii minal cffenders from aveiding justice.” If the judges were impowered to order the trial of such cffenders in the county wherethey might be apprehended 5 for what purpose was the act made ? In such ease they could not efude a trial by their escape, or aveid juffice. 1 think ’tis impoflible to account for the existence of this law, upon any other ra tional principle than this, that the Legisla ture conceived crimes so be local, and by the laws of the State,muft be tried in the connty in which they were or miight be committed. Is it not fliange, passing /irange ! that an in variable rule of law, b:come notorlous by practice, “which, no law)zer wiil deny,” and if {o notorious, must be known not only to the /awyer, but the peasant, fhouid not have been noeticed by the colleéted wisdom of ihe State ! but wice verja, that the Legislature thould have most erroncously (if the Monitor be right) recognized the invariable rule: of law to be direétly opposite to what he affirins ! I am apt to believe, an Hale, an Holt, a Tal bot,were and are of opinion with theLcgifla ture upon this point ; & that the judges have no right to alter the VENUE in criminal cases, any more than in real aétions. 1f this be the case, what becomes of the prejudice of the judges againfi the prisoner; or of the Moni tor’s argument founded vpon the proverd, of two evils chufe the least 7 Surely both muoft fall to the ground. Equally futile most bs the plea of necessity for such a 2 power in a State (for which there are notz few other advocates on both sides the atlantic) while experience shews that England in her better days never exerled it, and while such a power has been always viewed by the Whigs there,as dangerous to the rights of the pecple, and the exercise of it, feund incompatible with their Jafety. . : s . The Monitor complains,that his proposed _amendment was compared to an aét of the Britith parliament, for transporting persons to Great- Britain for trial ; and then adds,that he is convinced, notwithstanding all my a4f furance and ill-nature, 1 thould biufb if he was to point out the ditference in the two cases. I did blush, but it was only for the Minizor?! Throughout bis anfwer,l am represented to be very ignorant, 'tis not to be presumed theres ~fore, that I thould know the difference, before “he pointed it out, Had he succeeded in his attempt to do it; why should I'blufh ? Bue what is this mighty diffcrence ¥ Why, in the firft place, we are told thi-tyis less than three thousand. Such a grand difoovery is enough to excite a blufb inreality ! He labouts to shew the cases aré dissimilar in other refi which prove, that, no fimiie runs an /. A and that there may be different degices i o prefion! Does be think the 2& of parliament, ordering the Soos to be tried Ly ajary of Middleiex, for treason laid 1o be commiited in Scotland, no oppression ? because the place to which they were dragged or the height to. which they were afierwards raijed, was thort of three thousand miles! or becaute they had a voice in the eleffion of {ome of the Briiith commoners ¥ Does not hic dofirine coun tenance such a procedure ? If such are his liberal notions of the transcendent power of go vernment, it might be prudent to conceal them at present. _ The Monitor appears both by his queries and notable answer, not to comprehend the extensiveness of the term LAw ; which in its most comprehensive sense, involves in it all the obligaiions 2 human being is under to his Creator, the focicty to which he particu= larly belongs,and the world of mankind in ge= neral, Haiad the Monitor considered Jaw in thisexten{ive sense, 2and not confined his idez of it, to the local,pefitive law of the State ; it would have saved him fiom beirng plunged into such 2 labyrinih of absurdities and cone tradictions. To exticate himfelf trom which, he seems almost tempied to deny the dorine of Bt.Paul | Butto prevent any furprize that such denial might create, it thould be re membered,that he had befere intimated he theuld pur/ue Solomon’s direéiion for oNCE [ If itheMonitor had adverted to his own words “‘there was ne law,”& to the extensive mean ing of it in my answer to his queries,cculd be have rationally concluded, my aniwer there= so, must have been in the affirmative ; or infered it, from the complexion of my obe fervations ? When the conduét of the abfen~ tees is compared with my definition of law, does it not appear highly culpzble ? If fo,then whatalone can denominateii /uchmuft be the repugnancy of such a conduét'to some or ald the cbligations aforementioned ; or in other words, it must be a tranigreflion of femelaw. If therefore a law thould be made declaring such condudt a violation of some prior and highes law, and the forfeiture juitly incurred there= by such a law, could never be a law creat ing both the cffence and punithment at the fame time. Hence it manifeftly appears, the Monitor’s chjeéion to the Bill of Rights is groundless. And consequently the23d article was not calculated to prevent theLegiflature from confifcating the estates of the absentees, ‘But I am mere amazed, to hear the Mogni tor roundly affirm,that if my do&rine be just, the absentees have a right to come back, and enjoy their property without a possibility of being calied to account for such condué&, This is 2 conclusion without premises. For if it should be granted him,that the absentees ‘have offended 2gainft no law,human, moral or divine (which I conceive is far from being their case ) yet it would by na metfié%'l- Tow, that they could return and esjoy the eflates they once were capable of bolding kere, The idea of the absentees being yet fubjeéte of this, or any other of the United States, is doubly absurd, as it implies, that a 2 fub je€t can neither change his allegiance, nor continue it! The ablentees being therefore as truly fubjeéis of the Britith crown, as the inhabitants of London ; nationally consider ed, the ome must be as much our SRSIY) AF (Ve I%+ e