The British Press; or, Morning Literary Advertiser. — London, England, 1809-05-26 00:00:00

L ~.t - ~- •-~ • the li'Aneht of tree Bill. Ile hod also provided u zni.stit persons hr tee; tilwritetl, who toad o'it.iiat.l ere,lit under tictitionv chttructehe. The Ilaunters -I;ie Baroeset couchette,' with fiayiar, 1114 i.: wax his intention to move the me.aitid reading of the 6iill nos Turwl ty next, and Int wank! Wish it to go to a Committee on Wednesday. The. Bill was then read a first time, ordered to 4e printed, and to he read is second titue on 'rues day next. MESSAGE FROM HIS MAJESTY. • Mr. PtiftCEV it. brolia;lit up at Nlinpaitvx front Ili% i‘lejesty, whic-, was road by filo. SPEAKER its rollowg: "GEORGE R.—The king thinks it proper to sequaint the tiousc of Commons, that the ancient rvlntions of good un &rat aading and friendship, between Ills :11:ijesty and the Emperor of Austria, hate been happily rt stored, and bate been confirmed by a Treaty, of whirl,, *licit the Rat ifiratioa• shell have been esettenzeil, His tiajesty will direct a copy to be caantintatairatical to the (longleaf Commons. Alt)aongh the provisions of this Treaty du not inclose n y ipu Int ion fur pecuniary assistance, His Majesty is rthelms dosirons of Wing enoldril to afford to His Im rs riot Majesty such aujistance of that &script km, as may hg ...died fur by the circumstances of the contest in which His Imperial Slajesty is eiigagrd against the common enemy, and as eau he furnished by His Maims., consieiiity with the other extended demands upuu the coonerms of His Ma jesty's dominions. " His Majcsty is grimily delirium of ecturisining to the Spanish can..,, inch succours iss may be requirA , , for sustain ing aid assisting the efforts of that satiny, imainst the y twiny and *merit:on of Fraltee, as well as of giving consis tency an.l effect to the esettioas of the People of Portu,,J.!, for the Jerson of their hinfol Governineat and uationoi in dependence. " His Majesty rel;es upon the rent and pithre spirit of his faithful Commons, to enahle His Majesty to provide fur these great Ghjects, and to take such other missives as the exigency of affairs may require. 0.1 tile motion of Mr. l'Ettcritsr.. His Majesty's Mei..l ; e wusr.r.leresl to be taken into consideration in a Coalmine. of Sitin,ly, to-morroie. MLL• PALMER'S CLAIMS. rose to make his promised too. Lion, and obverved, that as the cireionstiences of Mr. Palmer's c.,*e twist be so well kaown to the Mune. he shout I not take up their time by enter log into t detail upon tliat isi'ajeet; in coesequenct of being disepiet;.ited in the expert:al:imp he had form .41-from tile votes of the Flimsy last Seisainn,ns to thi' final (lei:limo of his claims before P ar li amen t, Mr. Palmer had now resorted to what appeared to be the only inethod of obtaoii ; 4 that justice...to w hi c h, i n c o mmo n with every HOLT sus ject of this kingdom, he conceived himself entitled. Previnas to submitting the present mutiou, his first object bad heels to ascertain that it isas regular id point of form, and then how far it was liable to elite!. tie.ar, to which every question was inure or lees open ; seith respect to the one, senile veil by an. thority from the Chair, he (amid have no doaht there; and upon the other poiiit, as far as lie cnuhi flatter himarlf, from the general seutiments he hid heard expressed, cress by these whose tsunamis were nufavonnible to the claims, he bad little to appre hend ; lie confessed he had heard mime objections, or rather what had been eii.Greste.l so him as likely to he stated as such. It aught be argued that there was no precedent for adopting such a motion.— The tore argument of there being no 'Precedent, could not,, he thought, be dwelt oil ; for by the same rule, no precedent waled ever. hare bre', es tablished in the House, in the first instance, for waist of a prece.lent to authorise it ; but there were many precedents, where . Goveriintent had not availed themselves of their exeiriptiou from a legal prom% but had allawed indivolaale, wish whom they acre at ieeite, to bring their cause into a Court of Law, and hail abided by the decision. The o,aly thiferenee between these cases and Mr. Pal:tires was, that the latter had already been taken iato consideration by Parliament ; had it decided a,raiiivt the claims it might have lieenOteeted to allow the cause to be tried again in ass iuferior. Court ; but one or two mar/times nuist he admitted, either that the cause has been decided Nom in Mr. Paliner's favour, or that it has not been decided aspen at all. If in 4iis favour, it was for Parliament to carry sail' decision into effect ; if lint decided upon, Mr. Palmer's ease was in the same situatiou as others, with the additional plea, that he hail eh aolutely no other appeal left. Yet it might be coutesided, that these ceses were not in point, in asmuch as Government hail there used their own . discretion, and the reference. to a Court of Law had been optional on their pert; but that in Mr. Palmer's case, they had not consented, and the 'notion would compel them to that, which, by law, they were not bound to. This he admitted ; but surely if in some instances Government dispensed with their privilege, anti allowed actions to he brought agailist them, it was competent for the House to recoil,- 'maul it in other,. But he contended, that Govera meat were not justified in refusing it in any in stance; the nitration of the law was simply to protect public officers from being penwilaliy respon aside for toseblic contract 4; it urver meant that the is:lavitinals dith wham they contracted should he oppres's' ; and. waa it nut contrary to e very 'principle of juniee s tinit the wrestler to a Court of Law, should be at the option of one party, whose one' , motive its refusal must be the fear of Iscitig Coin poled to do justice to the other Not only was it tan i..jtistiie so the individual, but an injury to the eistiatry. la the case 'of Wilkinaon egaiiist the Conisnessioners of the Navy, when the Defenslapits pfeaded their exemption from legal process Lord Mansfield declared that nothing collid lie ulnae dangerous to the public interests than assets a plea ; for if once the piveedent was to be established, uu laJwros ,toUld be found to make contract* with • Goveniment, with aolittle security for their Perhaps it might be urged, aa it was to Mr. Palmer, by his counsel. that though no action sou: I he brought against public officers the complainant might appeal to Parliament. Had Mr. Palmer lineught forward such a Inntiflll as the present one, in the first instance, such nn objection would proba bly have been raised ; but Mr. Palmer had appealed to Parliament ; mild it was beciiii•.e he could obtain no 1/I.l'%;lCt there, that he now appealed to the lan. Had Parliament decided against him, me would hare been a Ilan, case, considering the influence or that party with whom he was at issue ; but without dwelling upon ci reumstances,w h addle wished to for get, and admisting that the claims had beta alike a - P7M211.17 fairly discoysed i both Housosn wl that thiy silfkrod its elMnion. was tint the plan to he minutest %hit Which would have [seen adopted in any caber dome. where two Judges disagree in the adjustment of a ovate, to bell in a th.rd to decide bct•ti‘t them' It had been suggested by some who voted in the last Sirs liens ogiiiiist the withdrawing from the appropriation aet Its.. sum voted by this House to Mr. Palmer, that the most proper 'node, and the one best suited to the dignity awl privileges of that Honor, would be, to move an Address to His Mesty to pay the money, and that the H o u s e woul d make good the smile ; but, however proper such tf motion, it might !instead), create, that dittereuce betwixt the two linnsee, which the present one was calculated to • recent. At all events, it most he less objectionable that former motions, which the Howie had oceeded to. In the Slessiiiti lwfore last, on the Bill for prevent big the gmistino of Iteversioos being rujeetcl by the Lords, this [loose moved an address, not to grunt them tire *certain time ; which address was a direct contradiction to thecientiinetits of the other drench .of the Legislature. But the present inotiou could not, he *ologlit, be so interpreted ; and he only hoped it might not lie objected to, on the gronnil of being too conciliatory. Ile had anticipated all the arguments he was owsre of against the motion; lint whatever iiiconve.nieuces might be suggested, as the ones of 'bringing it forward rested lust with Mr. P. but those who might obviate its necessity by gratitingthe object it professed, toe trusted :lie House would not suffer such Isrevent their COM , . it% to a resoliation, whi ch the vecoliareircum,tacees of the case de:winded ; at any rate, he preowned, that no evil, anticipates! Cmni the motion, could be so glint as the inittry that would be dour to the honour of the House, by refusing toad iiidisidnol, whose public servis;es stood acknowledged, and who complained of an injustice, that appeal to the Liws of his country, which had ever consider ed as the birthright of 'a tinbjeet at these realms.— Lastiy, be had to observe, that it was a rmaxiin of the constitution, that there could be no wrong without its remedy, and that one of the greatest Iscueirs s.f Parliament was the power of e tasting new laws, as thi existing ones were found inefficient ; here W&Ilu wrong, and he appeared wails costitence to the justice and the lil• , rality of the douse. to 'grim the remedy. Whist hue orco...nact woult be adopted by the Hight Hun. G. iv. ;the Chancellor uy th e E se lo.q u e.l h.! !is MALI': to state; be could only soy that ;le nail brou..:- int that inat;no which he conceived most 1.• meet Ins appro..' bottom acrd he sincerely• 1 his acquiescence would snare him the rn• i r-i t saying one word inure • to the H mite oil the ion.neet oitter . olie tie traeed they would at leasteeplit hint of having so often intentiwially troubled them. The Hun: Gentleniau concluded wish mitring. " That an h.ifehle Martin be pretfreated to His Majesty. praying, that lie will be pleased to 'allow the aer,:emeists tottered ion by Jetm Purser, EN. relative I. improve swans in thu Peat Office, to be Investicitot IK•fore a Joey, east that the freerieer-General it( the I'ost-014.: should be instructed to deiced the smut" Mr. Peactvvat. said, clod it woul4 lir impossible to form any reetord to answer toe ooject of the pre cent motion, by the course which the lieu ; Gen tleman bad taken. Chat teere was no retires,. at law WWI completely dear; *lsere there was no legal right there was no questiesti to he tried ; the- begat title could mot 1w s o vested in Mr. Palliser as to bring it before a jury•. According to his original contact, an Mice should have bees granted which olfiee could not be granted, being loco:mis trial with existing laws: he was then appointed to another office, is which he was suspended, having acted directly contrary to his duty. in entering into a conspiracy to thwart the duties of his,otfice, and which would have aßthorised the Attorney-Geueral, had• it been granted, for life, to hove moved for a aire facies to have .deprived him of his patent. subinitted to the House whether suds a spies tiou *as ever before brought forward, or such ass issue•directed ? And were they to direct such as issue, would the courts of law receive it ? They were bound by oath to act according to the laws, and they were guided by preci:dent ; Ise therefore eouceived that it was utterly impossible that the project of the lion. Geutlensan could be entered upon in this way, or that, whatever the feelings or the wishes of has friends might be, they mould sup- port it. Mr. ADAM said, that the motion did not go to di rect au issue, it oldi went to remove en **peal avocet. This was a contract entered into with His .Majesty, who was to be addressed to prevent the rieceiver-General to put in a special filen. which would be * bar to the action; beemise if inch plea were to be put in, when Mr. Mauer brnu.'hl his . action, he must be nonsuited. With regard ru the proceedings of the Courts of Law, that had nothing to do with the question ; if the motion wits shooed to, a n d he did not iOt redress, - or what he oessglit, lie would have hail his request at their hands. The motion he conceived to be wrongly worded; end he proposed, its an amendment, that tla,re should he substituted fur the wvrds .4 investigated before a jury," .. inquired into by on action it law, or by a rya ha equity." Mr. Paecever. suggested. that as, after all that had been said, the House was still in the dark as to the relief 9 6 0 u0st. or the precise nature of the re medy propottl to be applied, it would be the best way for the Hon. Member not to take the House by surprise, but rather to move that his proposition be laid an the table of the Howie, for the purpose of enabling Members to take it into their consider ation at their leisore, and determine upon its tit- Hes s ; lee they should Ise led by precipitancy to ii.;ree to tat whirls afterwards they would have reason to disapprove or. It should ,reen, by what wail stated, th. t Mr. Pitt let mitered into one agreement with Mr. Palmer. al I that the POO \ imisters.lii•iieral mid entercil int _another ; but that the lit...etiver-C;eneral h ail never entere d into soy merriment whatever. In what way possiblv, then, vould. he be made a Defetelato i •In the midst, therefore, of such difficulties, lie considered_ it the hest wry to give time to weigh the circum stances, and see what would be the best emirse to pursue towards the attainment of substantial jus tice. Mr. SIT.VENS observed, that thoegb it had been stilted [hal that House had nothing toils. with •the form of the declitratimi. vet it wool.' be unbecom ing their ditz,iiy, as well as that of the Crown, if they ire to address I-lie !Majesty on the *Mike, without being enabled to state, clearly and Ms • tinily, the . precise object which they were anxious should be t ried. Was theo any thing to he tried ia a Court of Equity ? He esiiceived there was not. He coviceived, Wilily thin* it was a clout on the liberility of that House, as the Gentleman sue supposed to hare forfeited all prrteuce to n claim of right, by his us n nasfeauswee was a ques tion of tisis kind a tit subject to be tried either by u Chancellor or a Jury ? Taking the case as such, then, the uddrass r, aveed to, would , become. a mere nullity. However, he prof:mord, that if any Gentlemem could state any mode by which the merits of the whole of the case could be tartly got at, he was ready to give it all the support it simuld stein to deserve. Sir Talons' Tetuan, awl, the simple question for the llutrae to determine was whether or nut en Agreement of a per centage, entered into by Mr. Pitt with Mr. Calmer, which lied nothing whatever .do with July debug fleecy, elioulil stand ? Though the petition of right is stated toter gone, yet it wee monstrous to "appose, that an agreemeut whicii could he enforced against an individual, as %itch, • should not bold good against tee Crown. • It wail true that the agreement alluded to was only a ver bal one of the Miuister ; but if that •vert not to be held as binding, he would sooner take the note of a swindler in the street ; the. Miiiiiiter may die, and his honour may not survive to Ins snocessor. " A tangible elope" had become to favourite phrase of late, and ell that woe asked on the present ocession was,taipat. the linsinela into one. in order that its merit* might lee Vied 'BW - decided. He had seen the motion, and be owlet it was not exactly such as he would hayeudyised. The mo tion, recording to his opiuion, "tumid have for its object to compel jumice-ii-to address His Majesty, praying ha would direct •his Ministers to pay the motley ; as, after the fanner decisions of that House, there could be no doubt of the justice of the chins. It Wit% objerted , that the quesftnii had not been put into a Ave to reader it capable of trinl. The Learned Gmtlernan, .who spoke last, lied bilked of lib:.ratity ; bat it was not liberality; but 'twice, that was asked for ; and that, he hoped, the House would take cora to dispense. Mr. Noes bore testittemy to the general merits of sir.-Paltuer,ntitl the services lie bad rendered his country ;_ but there were two parts in the agree mein alluded to, to he considered; the one was, that Mr. Pitt hail agreed to certain conditious; the other, that, iu return for those, Mr. Palnfer'should len oaly disclose, but perfect Ilia plitn;.he considered, therefore, that when the one failed theother mast do so ton. Nbt affecting to know any thing of the hisatistea himself, it appeared Iron the reports on their table. that Mr. Palmer had not only misenn ducted himself, but had also instructed others how to do snlikessise. Of this he was sure, from eigh teen years personal experience, that Mr. Pitt had done what lie considered his duty, with pints, as he het entertained a great personal esteem for Mr. Palmer. lf, however, the whole of the merits could be fairly brought heforit a Court, he pro foetal he could not see any harm that resulted from the motion; at the same time he did not perceive in what mode tllat object entid he effected. Mr. FuLees could not see, if the Muse felt the justice of Mr. P.'s w:iv he should not have timakimisetteef e trial.- 114 noi;lal-not but be of opi nion himself, that the whole or the busincsa eel fair and candid, as it had iu its ems littt been taken out of all consideration or party ; and he thought that nuthisig could be more plat than to 'WIi :. at to be carried to a Jury. • The SOLICITOILGENLRA I. was of opinion, that when those who supported the motion were not e4reed among themselves as to the mode proper to be pursued in the ineeetigation, this very circum stance should mince them nailer to lay the pro potation on the Table, for the pittpole of due (VII. aideration, iu order that they might not risk adopt- Olga precedent, that might be dangerous in its con sequences ; a precedent which might encourage others. Who should conceive they had made bad bargains with a Miutster, to VI what the effect of perseverance for years, and auticitittion of friends, euald effect in that House. (Here the Learned (,entleuran was culled to order, "NW the ground of imputing improper nintivie to the decisions 'of that House.) IT the matter were to be put into any course of trio!. it onght to embrace the largest print of view it was tepahle of. Now if it was found impossible for the partite to agree on the terms of the trial, was it fair that admissions should be made on one side, and • not on the ether? For this reason, therefore, it was, that he thought gentlemen should to prepared with the precise terms open tt bleb the decision should Fake place. it was proposed, that the Re ceiver-General of the Post-Office should be re stricted to plead in his private caper it%, and hut in • hie public character ; nod et obis monde sun part of the inotion. Was the Learmal Gentleman (Mr. Achim) prepared tows) , that this expedient would an swer the elicit proposed ; he thought, th it though adopted. atiq ucourt of justice could not but see how the tact reully was, and the consequence must be, that a non-suit would tiestemari ly follow. lie, fur one, would never consent to the prosecuting any claim .against the Crown, hot in a legitimate way, he the individual merits what they may. Were the Courts open, or were they not ; or was there no mode, without the aid of that Ilutne, by which inolithltiala could obtain justice If the individual's case seemed deserving of the interference of the Houle, better to do it by some permanent regnlation ; but lie denied the necessity of any such measure. If thereon" a remedy et Lew, resort to it; if, ou the other ham!, the redress her in equity, use it ; hut, if relief. was not to be found in either, lie "maid leave it ro.--At all events, he would have the pro 'Kennon laid on the table. in order to elfin(' time for its enirsideretion. Mr. WIN DIIAM remarked on what he considered an inconsistency, in what fell from the Learned Mem ber, who at one time contended th:tt nothing would be pined by agreeing to refer the 6u iueas to a Court of Ls*, unit yet argued that the Courts were open for redress. He thought the Monte bound to enforce, by"agreeing to the motion, that Justice they had already admitted by their farmer votes on that I.ulijecli. The Crown was not culled on to ohnitilon its prerogative., but merely to for bear in this instance ; a forbearance neither unusual nor tinfrequent ; and this was all that war asked, namely, that if that (foam would not enforce its Own decision, to let him go to another tribunal to . • 4... at • -~----~: - ^l - .^.3 , 1 , look for justice. He could see no char* to the prerogative by agreiriog to the utonun, Out much to the dignity of that Motive by refusing-it: Sir SAMUEL RoAtt.l.lf said, that Ai that Mr. Paluter' wished was, 'that the -Receive -Genteel should be appointed Defendant to the actieee and call that the House bed to deride was, that the • qitestiuti sleeted tie fairly before a Conrt of Law or Equity. How was the dignity, the character, or the honour of the House to be compromised, by its directing that such a claim should be tried, even tilthotieh the claimant did not succeed ? He should defy any mail to sheer that sally thing stint proposed by tins inotiominore thaw that of enabling Mr. Palmer to le-ewe', 11(114.1bagsainst dome person or other, us he could not do it now. It had berm ..aid by a Right lion. Gent. opposite, that tit-Costars were opcii to every man, and that every one had a remedy ; but he (Sir S. Manley) had ii i o ta mi di:roved, that a man having lettered loin a contract with eily of the Public Boards, such as tee Navy Board, the Victualling Board, and the 1 laileport Board, finned great difficulty in bridging an action for u breach of their egreement in any particular, for there was not a person to lie foiiiirt as a del-eel sat. It did not indeed often happen that persons who had formed such contract.. had occasion to hive recourse to courts of justice ; for when as breach had occurred, and legal advice lakells that advice had been, that they must rest satisfied, as there was so remedy against public Weirdo. The 0111% question theretbreeias, to :a move a techmeal diffice:ty that exiiited.auti if the }louse did net epee to put Mr. Palmer in a state id which: lie might be enabled to bring forward Ils Awns, cc thiluelit the character, dignity, and born r of 1.012 (loose, %could be deeply eiendroiniaed. The deestion was thed loudly celleei for. . Mr. PALMER rose in reply, and added, fled it was not his iatentien to tester into an era sss itt atiou of the evideuce in the. case, which 1 "'I al-, ready so often. discussed. lie should take up the time ofthe House oily iii recalliug it briefly ttitatir recullretiou. as many of those whir; lied spoken. seemed to have forgotten the merits of the cast.-- Some of the Right Honourable Genetemete seethed to consider Mr. Palmer as having been in a sub.. ordinate situation; brit the fact sea-, la stood in a very different point of view. At the tane•Mr. Pal mer made his proposals to (;overiernent, ;le was not a mean adventurer, but one grim, although 'dressily independent, wished by the exertion if his talents secure a more ample fortune for his fatnil). 'fel g was an agreement formed by Mr. Pitt. by which I e was to have 41 per cent. items the. reveime of the Post-et/lee, if his plan of improvement .no- needed ; but if it boded, he was not to hare teat allowance. The plait, however, succeeded. and et was soon found necessary that Ith dwelt} take an up .peintnaent its the Pout eillice; hut he had all sooner , got that appointment, than those in the Post-office seemed to combine agaiust him, in order to defeat his exertions fur the public good. lie was allowed to go on under his agreement, until the appoiute merit of Lord Walsingliain, who declared his dm.' approbation of the plan. Was it' not roost ore. grading to Mr. Palmer, a man of reartalcot. to be obliged to attemd to till the foolish isistnicti: were thee given him ? At that very time. hoe .-ese there ass a .seiviuer of no less than 24,0001. t est annum to the poi lic, by Mr. Pelmer's plat The Right Mote Gentlemen opposite (Mr. Rosie) might bdast of his origin. and detract, as he had done, from that of Mr. Palmer; but he could not help expressing surprise, that he should have acted as he did, when his fortune was compared wrth that of Mr. Palmer, when the autimy and ea. ertion he had endured were compared with thee* of Mr. Palmer, and when the service, 'he had render. ed.wero compared with those of Mr. Palmer. As • soliciting personal atteedance, lie should only he never had 'lone so. Mr. Rosa sold.. few words in answer to the oh.. serrations made by the Hum Mover, and syserted that he had always need hi,. utmost exertions to conciliate the ditlerenc-:s that existed in the P..et- Office as to Mr. Pahaul's plan, and he denied t Fat ever he had alluded to that Gentleman's origin, so that he saw no net:intim, why the Hun. Geutlenum should have made such personal allusions. After a few words from Mr. Leas, against the motion, and from 'Mr. Ponsonor, in support of it, the question was loudly called tor, and the gal lery cleared ; lint while 'orangery were excludedo the house still continued for au hour slid a half in debate upon the same suhject.—At length they divided, when the numbers were— For the Motion Against it Majority in firmer of Mr. Paltrier 2 4 and against Ministers The Ilause Weil went it.to Coalmine:eon the Irish 311litin Sir JOHN Di ZWPORT ro lowa an amendment, providing for the families of unl►tiamen oho volun teered into the liar. Mr. DUNDAS objected to it, rtii crestittut all in. Vidloo4 distinction between Ireland and the other countries. • After a few further obitervationa from Mr. M•Naghteu, Mr. Stewart, Mr. Martin, and Mr. Herbert, the araetidroeut was witl►drawn. Th.' rem.utuu4 chows were then gone throsigh, and the other Order+ bein►gq disposed of, the Hoeft adjourned at IiALF-PAST Til FOREIG.V INTAbLIGENCk. rßom FRENCH AND DUTCH PAPERS. RATIgaON. I' 11. " At the Itnrerist 1!..-art.qtaarters at Eons, May is. " By virtue of a roam-laud of Has Majesty the Erupont anal t‘ina, lhastelar, divert Gerteafl in the .lastrinn see. eke, ringleader of t-e inserrectiort ut Ty 01, and water of the awarders einsmitteal on Bavarian anal Fretnit coat, sty to the leas of minutia shalt be branglit hefare e M art. Commoonni, and tweet:tea !:.4 boars a ft er he IK• taken, and this as the leader or latebnay robbers: (Sixotall " ALEXANDER. Prince of fsenithatektitc.' The.detitchniesit of the Cith regtiosist of French infantry, which were in garrison h..re, proceeded yeaterday Aug.burg; Tlor dnv before yeaterriwy Salon troop* OnterM here, riecceeclimig from the Da , brittle fronticra. They yettrrtlay went to Strawbeng. A 1•6311111116, MAY la. A.corrling. to Ce/ i , 11;11 iiitelligeisco. the French troop, ore already on tha other pule of Vienna., It is prolealele that they will ibrucced directly towards • li I 6