The National Register. — London, England, 1818-11-02 00:00:00

..-- / '"* --( 2 d. r is k br No. 580.—VoL. XL POLITICAL DISQUISITION. ON THE APPOINTMENT OF MR. JUSTICE ABDOT 'I:0 DE THE CHIEF JUSTICE. THE appointment of Mr, Abbot from a Puisne Judgeship, to seeceed Lord Elleuborough as Chief Jus. ties of England, has occasioned a lively discussion be tween the C'hrouicle and Courier. The former paper is certainly justified in •saying that such a practice, if it shall become usual, will have an irresistible tendency to annihilate the boasted independence of English Judges, by keeping them always in expectation of a ttanslatien, even as the Bishops aro made subservient to the Minister of the day. But party spirit carried that paper too far, when it ventured to assert that such promotions of Puisne Judges were unprecedented. 'Elia rash position, which is not supported by fact, laid the Chronicle open to a triumphant reply, and injured a good argument. It is true that there are precedents before the present time, of such translations; but it is nut true that it ever was the general practice. The eeeeption does not prove the rule. The principles of the Constitution aro decidedly adverse to any thing winch has a tendency to impair the independence of the judicial character, and nothing has a greater tendency that way, than the established practice of tucking the situation of a Puisne Judge a step to that of a Chief ; for the whole genius of our Constitu tion leads to rendering the administration of the law totally independent of the Executive Power, and of the Legislative. It is to the absolute separation of these three powers, that we owe our freedo:n. It was to the union of• them, that Rome and Athens owed the ticstruction of theirs. In the latter of those celebrated Republics all three were united, and the assembled pea pie were as formidable a tyrant as Nero ltimself: in the gOrmer, the legislative and the judicial power met in the assembly of the people, and ei miler consequences ensued. In former times of Eneiish history, under thePlantage nets, and particulary the Tudors, and Stuarts, though the separation of judicial power from ►he executive had been effected, yet its independence was not established. Hence the tyrannical decisions of the Court of the Star Cha!nher, amid the judicial murders of the corrupt Jeffries, The abolition of the Star Chain er and the independence of tho de/Igen, were the fluits and the best securities of the fluel esteblishment of our liber ties ; and the filirest featere in the character and reign of George 111. was the ap;voiatment of Judges during good behaviour, ,Ito piaatiee, however, of studiously keeping them within the roach of temptation, by thus translating them like the Bishops, less a tendency di reedy opposite ; and though nut unprecedented in some instances, is certainly unauthorised by general custom. IVe hope, therethre, that the present will be a solitary instance, A lett‘w from Aix.la-Chapelle states, that the King of Prussia hus artniled a new University at Bain, anti onnottnced such his *yid resulution in an enlightened letter to Prince Hardenberg, on the anniversary of the battle of Jena. The eitial and perket tolerance which his Majesty uttinds to Cathelic and Pune:it:int tuemberi of this iarwit University is among the moat remarkable eircutustances attendant on its fiiundution. A second letter (of the 24th tilt.)from the same quarter, infbrrna us. that the promised declaration of the Allies to the Prowlt people will be really to bo laid befiwe the So. vercigns on their return to Congress, The Emperor Alexander was looked for.on the 30th, that he might meet the Empress dowager before hi. visit to Models. The claims hreught forward by the n Piinces of Germany upon the attention, if not upon the justice of the higher states, seem to have excited some interest in the diplomatic contomnity, 'that the prerogatives of many of these Pt inces were wrongfally swept away by Buonaparte, there can be little doubt ; but how far, sure the change has been made, a restoration of those prorogatives might be for the happiness of the people over whom they once were exercised, is question which we do not undertake to settle, Ationalf littiOttr+ Our Sting, Conatttution an labia. MONDAY, NOVEMBER 2, 1818. TilE QUEEN. The following Bulletins of the Queen's health have been issued since our last :—. 6 ' Kew Palace, Oct. 26. " The Queen's complaint tbea Dot abate; her Majesty has slept well." " Kcw Palace, Oct. 27. ‘• The Queen has had a good night, from v. Itch hat Majesty has derived sonic case." Kew Palace, Oct. itS. " The Queen is more mire:labia this morning. in consequence of several hours sleep in the night ; but the symptoms of her Mojesty'o malady are not changed." _ _ _ 1, Kew Palace, Oct. i 49. " The Quern has plied another good night it has no: had, however, any material induence upon her Majesty's dismse." s KeW Palace, Oct. 30. " The Clneen passed the greater part of yesterday in a very tm cam/is:L.o,le state. but the sleep which her Majesty lud in the night, has ak ordeYl relief this morning." " Kew Palace, Oct. 31. " Tl c illeen Mu had several hours sleep, but the symptoms of her Majc.sty's disease :mains unchanged. " F. MILLMAN. " 11. lIALFORD." The Queen was evidently worse, on Thin-why even. ing. than she had been in the early part of the day.— Though, from her great exhaustion, her Majesty's com plaints arc not made audibly, yet it was very apparent, that she suffered considerable pain. Her cough, too, was more frequent, and her restlessness produced much fever. In consequence, Sir F. Millman (the only Phy. sican in attendance) did not retire front the Royal cham ber till near midnight ; when her Majesty, if possible still more exhausted, sunk into her usual torpor. Throughout the whole of Friday her Majesty re mained much in the gone enfeebled state as she had done for t'e last eight or nine data, and up to seven o'clock, at night, there was no perceptible amendment. The Prince Regent arrived at the Palace from Carlton-house, about six o'clock. His Royal Highness after rece:vin,, ,, the report of the Physicians, remained to dinner with the Princesses, and did not leave theta tiii a late hour. The Duke of York visited the Prince Regent on Friday. The Duke and Duchess of Cumberlaud arrived on the firth instant at Berlin from Dessau. Their Royal Higltnesles set out on the 16th for Strelitz. The Duke and Duchess of Kent returned to Stras burgh on the ted instant, from Switzerland, on their way to Germany. Accounts from Rome, of the 7th inst, state, that the Duke of Gloucester was expected to proceed direct from Venice to England. Ft-May the Lord Chancellor paid his respects to the Prince Regent, at Carlton House, upon his arrival in town. The Countess of Liverpool, we am happy to learn, is hotter. The Courier states that the report mentioned in several of tho papers, that her Nk . :esty an her last visit to Brighton presented the Priuee Regent with 100,0001. is an absolute falsehood. Thitr-dily his Excellency the Prussian Ambassador, Baron Humboldt, Counsellor Bement:me, and Mr. Rothschild, delivered to the Deputy Governor of the Dank of Eng lend, in the presence of Mr. Bonnet, Notary, the ilectis of siortege, as securities for the due payment of the loan of five millions pounds sterling, lately contracted for, by Mr. Rothschild, on account of the Prussian Government. On Friday re•nnight the Austrian Archduke Maxi milian, and suite, arrived at Lillyman's. the Liverpool Arms I hael, in Liverpool, On Saturday the Archduke, accompanied by the Mayor, inspected the Docks and the public histittitions of the town. On Sunday he dined with the Mayor and a select party at the Tow* 11411; and arrived at Preston on Tuesday last, They write from St. Domingo, that three deputies arrived tint long since at Port...au-Prince from Christi). phe, empowered to offer to all the oific4rs under this black chief, and wider Boyer even, rank in the Nobi lity of the pretended kingdom of Hayti. Boyer was to be emitted a Prince ; the Generals, Pukes ; &e. Among those three deputies there were two Boron% a /a Chris tophe. They wore the old French drois, their hair, Will powdered, with false tails, all of which for *eel R whimsical cmarast with their black faces and hands. fp.ver replied, that he wished to have nothing to de either with General Christophe ur his Nobility.—Pa ris Parr. As an instance cf the wildness of the section, it se cond crop of remaskably fine white raspberries, per , (tlly ripe, has been reduced in a L.:arricn in this city, 1 and the trec.s are in blossom, and now bearin,;. PR ICE 9,1,d. LOSS OF THE CAI3ALVA. Accounts have been received, by the ship Windsor Castle, which arrived off Dover a few days since, having left Bombay on the 3d of June, and the Islam( of Mauritius the 17,11 or July, confirming pr sieus statements of the loss of the Company's ship Cabelva. It appears that having sprung a leak off the Cape, on the of June, she beat up for Bombay, to dock the ship, and that, in her passage thither, she struck on the small island of Cardagos, on the 7th of July, at half past 4, A. at, and was totally wrecked. Captain Dalrymple, Mr. Grant, the Surgeon's Mato, and t ") of the Crew, were drowned. Mr. Ayres, the Purser, the Sixth Officer, and eight men, arrived at the Mau ritius, in a small open boat, from the Island, where they had left the remainder of the crew, on the 14th of July. His Majesty's ship Magieienne, with the Chat lenger sloop of war, and a schooner, immediately put to sea, tc bring away the remainder of the crew. The island of Curdagos, on which this vessel was wrecked, is at present uninhabited. A small settlement of 14 or 15 souls was established there, for the purpose of fishing ; but in the last tremendous hurricane of last. March, when the island was inundated, they all pe rished. The Cabalva in her voyage outwards sustained Some injury by touching the ground when off Ports. mouth, which caused the effects of the gale encountered on the 22d June to be felt the more seriously. A letter has been received front Captain Dalrymple, at the India House, written at the time he first deviated from the regular track of the voyage, and explaining his motives. for so doing. By great good fortune the vessel being bound to China direct, carried out no passengers. No tidings have been received of the situation of that part of the officers and crew who remained on the island, but it was believed that a sufficient stock of provisions and other materials necessary for their accommodation had been saved from the wreck. When the Cabalva struck on the island of Cargados the crew were landed in succession by the long boat, Captain Dalrymple re maining on board till the last ; he then embarked with Mr. Grant, the surgeon's mate, and 14 men, but in the attempt to reach the shore, the boat was upset, and all were lost in sight of' their surviving companions. The ship and cargo were extremely valuable, and by the best =outs's, are estimated at 350,0001. A great proportion of this value belongs to the East India COM. patty who never insure ; and the remainder is far from being covered, the whole of the policies efibct.al as Lloyd's not exceeding sixty thousand pounds. By the same conveyance we are happy to receive a con &elation of the safe arrival of the Hastings. of' 74 guns, at the Mauritius, she being previously reported to he lost. It has, it appears, been deemed expedient to lighten her 300 tons, and it was expected she would sail in a few days after the 25th of July. The Mar. quit; of Handy, in company, with the Duke of York, arrived at Bombay on the 11th of May; and at the time of the Windsor Castle leaving the Presidency, (the 3d of ,June) they had a considerable part of their cargo fur Chiaa on beard. Wednesday a Court oi . Dir ec t ors was h e ld at the East India House, when Captain C. 0, Mayne was sworn iuto the command of the ship Atlas, consigned to Bengal and China. A letter from one of the French Officers, who had joined the troops of Buenos Ayres, in Chili, states that all of them had returned, were returning, or intended to retail'. All of them had lost their bitggage. They are stated to have been dismissed a few hours after they had gained a complete victory over the Royalists.--m General Brayer, who acted as Itlajor General to the army of Chili, intended to proceed to the United Sta:cL The writer adds, that the French naves were univer. sally regarded with suspicion—that the English lull monopoliscal thf• whole of the trade of South America, and that none of them would employ a Frenchman..—. He describes the Government as the most wretc!lci establishment that could he conceived, being eutir;ly destitute of pecuniary resources. The thrtral transfer of artillery, warlike stores. &c. i n t h e d e p o t of Valenciennes, from the British antirs. r i f les to those of France, took place .'n the Itittli W.% when two English officers, appointed by the Wise of Wellington, delivered over the sulleriel of that garrioon to Colonels Morin and Capellc, commix.. Cer the same purpoee on the part of the French Min titer at War. The successive resumption of all the fortresses of France will be completed, it is thou p lii, tiy the . November.