The National Register. — London, England, 1816-12-30 00:00:00

:;•'0 irr:erion we reassm::er was extreme; and Sir E. Lan, not only pined his cause, but succeeded to the Chief Justioeship, in April f 802, which had then become va cant by the death of Lori Kenyans. On this event he was created a Peer, and has ever since filled the seat of Chief Justice•6f the King's Bench with industry, ability, and dignity ; which, though they might have shone equally conspicuous in the suavity and cle ganec of Lord flans/acid, were never surpassed by any Judge of recent or of earlier times. In knowledge of geseral law,. or of the te:hnicalities of special pleading, and in mereintile causes, we are convince& that his Lordship's judgments may be put in competition with those of any, the most celebrated of our Judges.. On subjects of the law of real property, an abstruse system, - peculiar to England, and growing out of feudal austerity, - mellowed in some degree by the lapse of ages, and the introduction of commercial views of a more divisible, and more easily transferable property, ht is certainly- not to be compared in proMptitude to Lord Kenyon,who, from having practiced in equity, and as a conveyancer, had acquired the most extensive and ready knowledge of eases upon those Subjects of any man since the days of Lord Hole and Lord Coke. In all other respects Lord Ellenhorough is n judge of the first rank in the first class, and when we consider the great increase of business which has arisen at sin pries, we are astonished at the rapidity, cor rectness and indefatigable industry with which it is :1 per!imetal The to kof a Chief Justice has really in lectern times become Herculean, for the borthen that rests upon him is like that which presses Atlas. In this high office he has tried several cases of the greatest importance to Liberty and the Country. In the trial of Dcspard for treason, he seems to have felt the dignity of his situation,. and not to have lent himself to any severity for the purpose of conviction. In Carr v. Hood, lie pronounced a high and satisfactory eu logium upon the necessity of preserving the Liberty of the Press, which was followed, up by an acquittal in the case - of Mr. Perry, of the . Morning Chronicle, for a libel, wherein his Lordship seems to have placed some bounds to the discretion of an Attorney-General, in seeking objects of prosecution On subjects of occasional departure from virtee in common life, when juries arc called upon to assess damages for injuries to reputation, or for the viola tion of the marriage bed, he seems to have recollected that a Judge in a polished and perhaps a corrupt state is not to expect men of high rank to be monks and anehorets. On the trial of Lord Cochrane for a conspiracy, Lord El enboroogh expressed a marked disgust at the csaduct of the defendant ; and, for his severity on that ucca.sion, a vain attempt has been made to impeach liintbetbre the House of Commons. This has, we think, justlyebeen repelled by till parties; and though our wishes would have been that it were possible to have found Lord Cochrane innocent, yet such was the strength of the cvi - fence, that we arc conv:need no jury could have given a contrary verdict. On his Lordship's elevation to the Bench, for which he seems to Lave been somewhat indebted to the friend ship of Lord Sidossuth, he was appointed a Member of the Privy Council, and it was understood that this ap pointment was intended to give a certain degree of weight to that Nobleman's interests in The Cabinet. The oppasitiou Members at the time made this appoint ment the subject of much comment in Parliament, and (*mended that it was .highly improper that a Chief Justice should hold a seat in the Council, because he might be called upon to decide there upon the necessity and propriety of a public prosecution, at the trial of which he must afterwards preside, and could not there fore be considered as an impartial Judge. The true friends of liberty must be always jealous of every con nexion which brings the criminal judges of the land withiu the vortex of court influence.; but the objection was over-ruled by the Parliament, and the public, we u'link, considered it rather as a party dispute than a • question of vital interest to political freedom, and neither • during nor since the administration of Lord Sidnaotah • :has any thing occurred to excite any jealousy upon the subject of his Lordship's introduction to the Privy Coun cil. As a Cabinet Minister, it is impossible that a Chief Justice cm ere: appear, consistently with the duties of his office, and the demand which the.public has for his 4 races, in the seat of justice. In the present times, when economy seems to be echoed from one extremity of the reahn to the other as the univer sal cry of the people, it may, perhaps, become an inquiry of same interest to Inow the actual value of the office of CliefJustics of the King's Bench. The salary can never c insiderel excessive, according to the scale of other sala ri t and emoluments, whether we look to the chief offices of the State, or tothe private acquisitions of professional and commercial industry. The actual perquisites are few, but c patronage of the office is considerable, and in some instances, we believe, there arc offices which the Chief Justice has 'been always allowed openly to dispose of for a prim .Some of these must be altogether sinecures ; bat there see others which afford a most ample provision for :AU ken ; and thus, although there is no comparison between the annual profits of the office' of Lord Chan cellor, whichls the first in ,power and patronage in the Itinglont, :yes, as the Chief Justiceahip is for. life, and ra ituer eucurabered with the tells awl •the :tor TILE NATIONAL It rIsTEn. subject to the uncertainty of a Nfinisterial situation, it has been considered that Lord Mansfield, who continued ChielJustice fur 30 years, notwithstanding he might have been Chancellor, nade a wise ehoi.e: Lard Iflenloooungk, whose education has been entirely for the common law, would probably have considered, that, in acquiring a new science so multifarious as that of Chancery practice, he would have engaged in new Inboar.„ not without fear of injury to his reputation—and, we believe his estimate of his own powers to be too jest to suffer him to be tempted -from a situation of high dignity, which he tills without a rival, to another in which he would sutler un invidious emnparison with a predecessor of the first talents and the greatest experience. His Lordship, though indefatigable in business, is of convivial habits, and not averse to the pleasures of the table. Early accustomed to good society, he has been of lute frequently selected us a guest ut Carlton House.— Having, while Counsel, been witness to the inconveni ence of trying causes on the circuit after the judges, and the jury, as well as the witnesses have dined, and perhaps , from previous .f:atigne been induced to indulge in a cheer ing cup, his Lordship has, we think, very properly re formed the custom by abolishing it altogether, and never tries a cause after dinner. His Lordship's eloquence is of that nervous and manly kind which results front a full mind and a vigorous under standing ; and his style is evidently formed. upon the model of Johnson, with a swelling period and gigantic phraseology. In the House of Lords he has had few op portunities of entering into general discussions upon matters of polities, and has wisely avoided them. On some occasions he has been supposed to have exhibited a warmth of temper which has excited the keen and polish ed sarcasms of his more wily opponents ; but, if our re collection serves us correctly, they all occurred when re pelling insinuations which he felt derogatory to his ho nour ; and, although warmth might ill suit the dignity of the Peer, calmness would perhaps have diminished our respect for the man ; for, as his Lordship justly ob served, the next thing to the commission of a base action, is to be capable of bearing the suspicion of it without resentment. His Lordship's title is BARON ELLENDOROUGH, of Ellenborough, in the county of Cumberland, created April 10, 1802. He is Lord Chief Justice of the King's Bench, a Governor of the ('barter House, a Privy Coun sellor, and a Fellow of the Society of Antiquaries. He married in October, 1782, Miss 'finery, daughter of George Phillips Tinvry, Esq. by whom he has issue,- 1. Edward, married December 11, 1813, to Octavia Stewart, youngest daughter of Robert Earl of London derry (by Frances Pratt, sister to John Jefferies, Marquis Camden K. G.)-2. Charles Ewan, married May 22, 1811, to Elizabeth Sophia, sister to Sir Charles Ethels ton Nightingale, of Kenilworth, in the county of Cam bridge, Bart.-5. Mary,-4. John,-5. Elizabeth,- 6. Ann ;- and 7, a daughter, born January 11, 1812. We have been favoured by a near relation of his Lord shies with the following account of his pedigree : His Lordship's mother was Mnry, daughter of John Christian, of Milntown, in the Isle of Man, and nserigg; and of Bridget, eldest daughter of Humphrey Senhouse, of Nctherhall, in Ellenbonaigh, Esq.; she was born the 19th,- and baptized at Dearham, the 27th, March, 1721, • and married there June 24th,. 1740, to Edmund Law, D. D. afterwards Bishop of Carlisle. They tad issue— John Law, late Bishop. of Elphin, in Ireland ; Edward now Lord Ellenborough ; Ewan Law, now living ; Tho mas Law, also living in America ; George Henry Law, the Bishop of Chester ; and two daughters, one married to the late Sir Thomas Rumbold, and the other married to the Rev. Mr. Lushington, of Newmarket, late Vicar of Newcastle. They left a son, Mr. Henry Lushington, the present Master of the Crown Office. An article from ('onstantinople, dated November 10, states, that the plague still continues its ravages in that capital and its neighbourhood. At Thessalonica, it has diminished considerably ; and another article from Trieste, Nov. 30, states, that a polacre from Stuyrna. had carried the plague to Tripoli. MONTAUBAN, DEC. 12.—For some days past the markets of our department have experienced no altera tion. Corn is brought hither, and is no longer de manded with that .anxiety which Lensed an advanced price in the midst of abundance. The hectolitre is now at ,31 francs, and it will soon fall, in consequence of the arrivals which are taking place in the different ports of Languedoc. The cloth-manufacturers have agreed to purchase a stook of corn for the use of their workmen, by which tr.eatis they will prevent any rise from taking place in Ate price of bread. Carus, I)Ec. 7.—We have had most extraordinary weather here fM some time. On the same day we have had the oppressive heat of summer ; a storm, accompa nied with lightning, thunder, and hail ; and in the evening, a sharp Cold, with flakes of snow, just as if it were the month of January in Siberia. We have had some shocks of an earthquake in the direction of the North. Orders have been given for public prayers in All the churches; the host has been raised; the relics of St. Bridget have been carried in procession : and the ecelei attics have recommended a strict observance of fast during' the Adycstt. DECEMBER SO. BUONAPARTE. We conclude our eatrasts from the interesting work. of Mr. Warden, with the ac.ourt of the death of the Duke d'Engiwin. Anitnow, to toy utter astonishment, he entered upon the ev ent of the Doke D'Enellien'a death. This was a topic that. could mit. he expected; and partiviilarly by me, as there ap. poured even among hi., followers, who were always on tip.t ee to he his aisologe-te, au evasive silence or contiad.ctory state ments, whenever this ntilictitig escut _became the siiitject of enquiry, which bad oecesioiatilmppened, during the course of our voyage. Here Napoleon became very animated, and ont n raised himself an the sofa. where 1w hail hitherto re mained in a reclining, posture. The iiitetest attached to the subject, and the energy ot' his (Misery, combined to impress the tenor of his narrative ;o strongly on my mind, that yeu 'tend not doubt the accuracy of this repetition of it.—He ib.Y. , 1111 55 fOlOiss . . . '' At rids eventful period of my life, I had succeeded M restoring miles A tranquillity to a kingdom tore asunder by faction, and deluged in blood. That uation had placed me at their head. I ta me nut as your Cromwell did, or your Third Richard. No such thing.—l found a crown in the kennel ; 1 ere used it fi safety now bas ante necessary, to preserve that tranquillity so recently restored, and, hitherto, so satisfactorily presers eil, as the leading characters of the nation well know. At the same time, reports were every night brought mc" (I Mink lie said by Ureteral Rya') " that conspiracies were in agita tion ; that meetings were held in particular houses in Paris, and names even were mentioned; at the same time, no satis factory proofs could he obtained, and the utmost vigilance and ceaseless pursuit ef the police was evaded. Gement! Moreau, indeed, heroine suspected, and 1 was seriously importuned to issue an order for his arrest; bid his character was such, his OMAR' stood so high, and the estimation of public nand, that, ns it appeared to me, lie had nothing to gain, and every thing to lose, by becoming a conspirator against me : I, therefore,. could not hat exonerate him from such a suspicion.—l accordingly refused an circler tbr the proposed arrest, by the following intimation to the Miiiistsr of 'Joliet.. You have named Pichegni, Georges, stud Moe real, ; eons ince me that the former is in Paris, and 1 will immediately cause the latter to be arrested .'—Another, and a very singular circumstance led to the developement of the plot. One night, as I lay agitated and wakeful, I rose from my bed, and examined the list of suspected tniitors ; and chatice, which rules the world, occasioned my stumbling, us it were, on the name of a surgeon, who had lately returned from an English prison. Tkis luau's age, edneation,mud ex perience in life, iuduced me to believe, that his conduct must be attribut:d to any other motive than that of a youthful fanaticism in favour of a Bourbon ns tar as circumstances qualified me to judge, money appeared to be his object.-1 accordingly gave orders for this 'luau to be arrested; when a summary mock trial was instituted, by w hich lie Was found guilty, sentenced to die, and informed be had but six hours to live. This stratagem had the desired effect : he was ter rified into confession. It was new known that Pkbegru had a brother, a monastic Prieet, then residing in Paris. I ordered a party of Gens d'Armes to visit this man, and if' he had quitted his honse, I conceived there would be good ground for suspicion. The old Monk was secured, and, in the act of his arrest, his leant betrayed what I most wanted to know.—` Is he exclaimed, ' because I afforded shelter to a brother that I am thus treated.'—The object of the plot was to destroy me; and the success of it would, of course, have been my destruction. It emanated from the capital of your country, with the Count d'Artois at the heed of it. To the West he sent the Diller de Berri, and to the East the Duke d•Engiiien. To France your vessels conveyed under lingo of the plot, and Moreau became a convert to the cause. 'flue moment was big with evil : I felt myself ow a tottering eminence, and, I resolved to hurl the thunder back upon the Bourbons, even•in the metropolis of the British empire. My Minister settemently urged the seistwe of the Duke, though in a neutral territory. But I still hesitated, and Prince Bene vento brought the older twice, and urged the measure with ill 116 powers of persuasion; it was not, however, till .1 was fully convinced of its necessity, that I sauctioned it by my signatusa... The matter could be easily arrangi d between me and the Duke of Baden. Why, inch eil, should I sutler it mall r esiding on the very confines of my kingdom, to commit a crime which, within Ili , distance of a mile, by the ordinary course of law, justice herself could condemn to the scaffold. And now answer me ;--Did 1 do more than adopt the priu ciple of your government, when it ordered the capture of 11w Danish fleet, which was thought to threaten mischief to your country? It had been urged to me again and again, as a sound political opinion, that the new dynasty could not be secure, while the Bourbons remained. Talleyrand never deviated from this principle: it was a fixed, unchangeable article in his political creed,—But I did no' become a ready or a willing convert. Lexamined the opinion with care and caution : and the result was u pee feel couviction of its et cessity.—The Duke d'Enchien was accessary to the Con federacy; and althoueli the resident of a neutral territory, the urgency of the case, in which my safety and the public tranquillity, ts use nu stronger expression, were involved, justified the froceeding. I accordingly ordered him to be seized and tried : he was found guilty, and sentenced to be shoe—The sentence was immediately executed; and the sante fate would have followed had it been Louis the Eighteenth. For I again declare that I found it necessary to roll the thunder back on the metropolis of England, as trout thence, with the Count d'Artois at their head, did the assassins await me. " four country also accuses me of the death of Pichegru.' —1 replied, " It is most certainly and universally believed throngliout the whole British empire, that he was strangled in prison by your orders." He rapidly answered, " What idle, disingeatious folly! a fine woof, how prejudice can destroy the boaster/reasoning faculties of Englishmen ! Why, . . I ask yon,.should that lite.be taken away In secret which the laws consigned to the hands of a public executioner. The 'natter would have been different with respect to Moreau. Had .lie died in a dungeon, there might have been grounds to justify the suspicion that he had not beea r guilty of suicide. He was a very popular character, as well as much belosal by the army; and I should never have lost the tdium, ever guiltless I might have been, if the justice of ' supposing his life to have been fotfrited by the not been made apparent by the mostpublic execution. HC4C he paused; and I replied—" There may, pe be persona in England, who ale disposed to acknowledge necessity of rigorous measures at this important !lethal your•bistory b ut none, I believe, are to be found, • would attempt to justify the precipitate manner in • • .youtij.prince villa Maul, tric9 scaleaced..iuml dinni 9 how- -1 his de•th, laws, had aim). ty, prrbaps, )wledfe the t petuwl of found, who a which the 1111