The Sun.
London, England, 1809-05-26 00:00:00

HIS MAJB62"e3 biESSAGE.

" cacortas R.
" The icing thinks it proper to acquaint H.q.zct;

~,.

h.; majesty asd,tha of
iy re,t.reti.; ilyttt it'a•ve: broil 'cull lit -
of which, -whets the otiti‘..:ations 041 Nava
hhi Majesty wilt tlii-e6t a copy to be corn.
...liL:;tcti to the tii>vse Cottitoons. - •

iti,s!t the • tifovi,iiutti at this TreatyAn not include
6pulation for In.c,iniary assistance, his kittizsty is ne.
dc>irous- of bt:isq, enabled to :{Turd to ltiS littperi4l
t.ej qty st:lt'assistauee that rl,,,eription 'as toty he called
hy the:circumstances thhi eonte,r, iii which his lib PesTi4l
....I;.itsty is engaged again ,t the cotnnton enemy, and as.can be
l'urtiitied by his li.‘j,.:l,ty, consistently with th other ex,:
tended 'Clenianiis upon the resources ut his Nieje>ty's

Td;~I15

;;~`: ',~

" His Majesty is equally desirous of contiouing to tlic
Spanish Cause ;:deft succours as way be requisite tor sustain-
ing and as,isting the efforts of that Nation against the ty-
ranny and usurpation ni Franee as welt as of giving con.:
slswricy And
~efiZ;4l to the e‘er,tions:of the People of Portugal,
the derence of their lawtul Government and'National
dAnnetence,;:e •
" His Majestv'relies. upon the zeal and public t,pirit of
164 f..t.thful cout:lons to unable his Nlajesty' to prOvide tot
ir“ta t ; take suelt Other measures 4., tile
alfa:rs niay requhe.
A!"•ter a few words from Mr. TIERNEY, the Mes.:
: . mrliinti 43t•• the n• of the
•Exehe-
rS orckred to be referred • to the Committee
Sapply on Friday. •
VANsIVTART, after a short speech, trotted
an• himible Address he • presented to
:••y, humbly 'praying that he sw..uld be gynciously
to order sorb inforniation to be lad belarel
t iv! House as his Majesty% Ministers may be pns.
,tesse'd of, with respect to the revenue e,f the island
of Madilra. • Ai also an account of the annuA
pences incurred by the occupation orthat
firdev.A. -
• it C. PILE moved, that the Papers relating to
Rnyat Naval. Asylum should be printed.—
*tiered.
• ",;3;:' 'C. Pone*, then moved. that accounts should be
laid before the House of nay increase of allowances
to the Officers of the. Royal • N teal Asylum as
nisn of any 'proposed augmentation.—Ordered.
' A Metter brought in a Bill to enable the Lord
Eietnenant at Ireland to regulate- the exports of
2,,upow,Jer, saltpetre, &c. which was read a first,
:Aritt-ortict-cd to be read a second time to-morrow.
The Loan Interest; and Lite Annuity Bills, went
through a Committee, t,,e reports of which
f•!1.. oillered-lo he received to-morrow,
Tile Excise Seperaiinuation Bill was read a second,
coolmitted for to-morrow.
brought up the Reports of the
Coincaitrites ,Supply,• and. Ways and Means,
which were' agreed • to, and the Bids ordered ac-
- Cordioglv. •
On tile motion of• Mr. C. DutwAs, the Plan of
Holyhead Harbour, and tbe designed•improvereent's',..
asiaid b:_!fore the House on the'23cl of March, was
ordered ro be returned 'to the Office of the Secretary
cif State for Ireland, •
' Tl'e irisi! Militia AlloWances, the Ex-
tir4. Law Amendment, and the Public .Accounts
Aeditieg- Bills, were severally 'read a' liist; and
ordered to he read a second time to-mortow.
Mr..FeTtuts bri.eght in thii li ish Papet Duties of
Exche jii;; hich was re-ad a first, and ordered to
be react a st:Goud time to7morrow-,
' • tilt. PALMER'S CLAIMS.

sail, that, w-re there no prece-
dent,. Lit • ''.t.L-duie like that. lie was about, to wig-
T IC- •,! ii63t that citcdttistanc could not
iPng a. no prect'dent. couid ever -be
reguWed their i imdtitl by.
'W'hat woicl) tx.
; .1. any re:yob ,11:.,ity for ,phblic.
N !.(I.,!tt to oipt,...ss thow widis
Nithr)ty: 5t4,411 in on: tgiti n
brought by ~ihst the Coithhissiotterti of.
d, that it such a
Vii' tE!Ett t were hive t00..$ don.
geroi'.4_effe&ty vnt.: L the be bound to
contraa .will• naht admitted
th:it Parhatne;;: ot
4taltrn, or that t •.,..,t 1.11 the merits. of
the -CaSe al alt. f:i the c the deci,lop
, ought to he given offe‘'....t to; th the latter, ,he.ought
to fw 31.,,wed to sexit justice at another.
Tn.e do:). Mritiber,proceehed, at same length: tc.,set
ftvlh the ciaitni of. Mr. Paiwtr ai meriting the. in,
`.lo:•f,•rence ut l'alliament in is behalf, that he' might
1.7,* allowed to Seek, redress in shine one of the courts
ofin,tice, and conclus.ed by inOving,
I' 'flue at. humble Aildress be presenter:l'U; his 'Majesty,
proyo4r, tfidt he wit gr4ciously I>l«used to allo'w the claims
. of 1:0111 L'.ig on the' Keceiver General of me- Post
Office, t ,untled on in agreement for improving the Post pf-
,fiee, in be thhird before a jury, and to.ordor that the Receiver
ric;enerAt do. defend the Adion • brought by Mr. Palmer Mona
at the Courts of liecont At Westninister.ii
The ellAiiCELl.oa of
,the EXCHEQUER thought,
were they to accede, to the, motion; the qucstiow
could not be discussed in any way favourable to Mr.
I'alnier. No redress could bp' obtained at law, not
beepuse a dt...fendatit was not to be fointd, but bc-
cato",etbe.question was nut _legal,: our
could ~it is
br,4lL.,,ht into a legal form so' as to be of service to,
• iiirsk ..An office had been I.routi:,Al to Mr. Palmer;
which coss4l not lawfully be. granted. , Could then
a legal denrvid be made fur an contra(3 ? Had
the otEcc been granted to Inm (if lawful),, the sub-
sequent condua of Mr. P.dirier had beets such, that
it would have authoriied the AttUrney GCOutAl tO
titcan intordiation against "him, and negative that
apnoirst such a precedent wire estahlisiled,
in the one itistatn: ens ht. wished,the Llouse to adopt,
the'other qiL.t ..w.oh, whether O n r ot. thole I:ittp would
have dcprivec)•illiti of tits office, Inuit alio be consi-.
dared. NViJuld any court he directed to receive such
an issue ? 10 the courts,-they were bound by their
oaths to adtpinigter the law,. and they would 'net
deeide on the merit at the ease; i( their ,ClOCialtni
eptlial • be ju,itified by ,a precedent. I7idols sonic
mesns Were devised of bringingell'iboso records be-
fore tin tight they co* root accede to. the
tnoliott. aMr. Pitt• had creed togivc Mr. Palmern an
intiepeudent situation, -.but afte...w.nds t.rood that
*not in his power to_ besloN. ../1 new
qfeernent vias then mart', in i:9Usiiiiietice of .which
,•.i.:lerrcin4ut *Mt iti9n was given to
coti,ina,Nas such -thet be forfeited his
•
• 1,1,,,6e. :Itepos3ible 10 prevent the Receiver
LONDON:- -1' rit4ria R I
• •
„rs.t. the V 14.0 Ft'

tlt..cend setting f 9 rt 11 64. in i):ts tienge. lii liclpvti
the Howie would not beled away` by a TA ish 'to serve
au individual to dirt.d.sucli a.cause to beAried.

_
Mr. AD 1t wens at sorne lepgth iuto the Merits.
mof tlfe, case, asConsidered in a legal point of view.
The motion he said was not to direct an issue that
would be preposterous, bUt to 'remove those• inipe-
' diments Which 'rendered 'it difficult to bring it to
issue; ipd concheded by Moving as me amendment ;
.that time words fi May 'be followed 'up in a Court of
• Law, or Equity,'-' shotild be substituted for (` before
a•Jory," • .!
TheOiteeteilo it of ft:ea.:epee-Area 'conceived thatt
it :.would he absblutely idpossiblb to enter into the"
* nmendment,proposed byhis Hon. atid.LeernedFriend'
(Mr. Adam), and if it were to be adopted, no' success
to.the measure at pretOnt evader consideration could"
pOssibly result front The 'Reeeivel•Geoeral •61
the: Post-office could -never, with ieason; become the
defendant, in the case of a 6)11(661 to WhiCh he had
tee been e party. In. lati, -the present 'case cern-
I used two or three detinet agreements, one of them
entered into with Mr. Palmer by Air. Pitt,' end and- •
timer by Lord Carteret ; -yet it Was preposed to make-.
the •ReceivereeSeneral defendant hi all these agree-
ments, in no one of which he had been any wey'•
cemented. He would adjure the'Honse to consult
their dignity and cbaraaer,Un: thisroceaSine, and not •
so far give an opportunity of setting tip claim; in.'
future, by which the Crown may be Paten an unfair
advatitage of.
Seem-tees was of-opinion that the question
was direeted to the public' liberality, so tar as to coo•
sider whether through imputed tetscondbEt, Mr.
Palmer having been at the mercy of -the Treasury,'
the multi in consequence imposed had been too
vere'e. It would -be impossible for aelUdge or a Jury
to pronounce upon a question ofsci delicate end "corn-
. prehensiee a nature aethiseand it was of course. unfit
to, cell trpem his Majesty-to direct that iither'the ane
orthrsatiiershould pron mince Ppm', it mem merits.. Had
the Hon. Gentleman (MrePalmer) brought-Tem:lrd
nee:either: mode in which the canoe could he de-
fended, as 3 specific prOposit ion ; and ineest ;gated. with
a. prolessional'eYe, he (Mr. Stephens) wisold not be
by any means disposed to exclude its'consideration."
the
Sir 1% TURTON said, that question wee, whe-
ther, by the consent of the Crown, Ile; Simple fa&
of agreement wit fe"Mr. Palmer should be tried or
001. The' mitred on whiCh this trial
.should be,
grounded was, the claim of per "centage, which
was net at 'ell connected with off4sial delinqueeey,
The House, by its resolution on'e former.oceaston,'
bad thought proper to vote the sumii which was now
claimed, and yet 'it was niitv to be said, that the,
form of, proceeding was such as not to enelile theta to.
-
comply with former resolutions. • For his part, he I
could pot discover any thhig ie the present mode of:
proceeding, 'derogatory to the digoity Of the House.
:It wonedehe monstrous, if, when iu ordinary agree-
meets beeweee individeals, a Bill cultid be filed in a ,
Court of .equity for 'the noneperformance of coo.-
trio; a public Officer, from his situation, should
be shielded from the same liability. In the loud
langueee,ot justie-e, the present motion only Oiled
for that which, 'the House Commons' allowed.,
question quemi did not arise out of the agreement for.
13001. per annum, Wow of the paltry per ceutege I
of 21. tos. As he said on •a funner :occasion, .such i
being the came:, he would as soon. take the note in
hand of a swindler, as the houour of a Minister
weich (Sid not almvuys survive his successor. It he.
had, brought forward this motion, it should be in a
%Vey e.hitit would compel Nlinisters to do juetice to
the 'claims of itijered Mei% iduale .upon the ink.
• poled delinquency, the
_Hon. Baronet reutaiked,
that it never was discovered till Mr., Palmer had
heel) deprived of his situation. A tangible shape (as
the fashionable mode of expression went) was the
one necessary on this occasion ; ,but did the Right
HAL Gentleman opposite Owe/. any inelinaiion to •
te.sist his ficei. Friend in blitteieg forwted the case
itt such a way? -Liberality had been- the theme of
the Oppositisflaide ; but In, should
ronly advetice the
case on the ground of peblic justice,.
Mr. Rose did not, feel disposed to "give .way to the
statement of the Hon. Baronet, If Mr. Palmer laed,
been at the mercy of the Treasury, it was because he
had not fulfilled hieesert in the tontreet to ,which he
was pledged. The Hon. Beronet was mistaken-, if
lte supposed that Mr. Palmer was entitled to per'
centege. without reference to, merits from ti tritit per-.
forrnance of his duties. Mr. Pitt had entered:into
the eceetraifit, so as to bind Mr. Palmer to en effeelive,
-performance, find • that
,Minister subseqeentiy eon.
sidered his treatment
,as extremely gentle to Air.
Palmer, who from his negleCt woteld have forfeited
his patent, even though 4act,pastied the great seal.
Mr. Fe eese said, that if the lien. Geetleman bad
any coetidenee in tie justice of his dose, he , could
not do.better than submit it to a Jury. He would
I be lor having it. go tie-6110,a kind, cat' second public
trial. Strongly as he in general maintained his opie
nion,e •thdt HoUse (a /creek), he cnneeieed miler
M the otion, of the HeneGentiemait was by ne means
p.m forward before any parties in that House, ,where
even on points of order the love' of party wits some-
' times so visible (a laugh). , The /Luse as -the
highest tribunal of
.justice he confided would esot
dissent from the propositioU of this case being sub!.
teeted tee Juridical consideratiOn.
The Roemer-ow-GA:new, remarked on the two
modes suggested- otr this head. The first was a
Perlirenentery method of proceeding by Bill, to con-
sider whether the•merieed the claimnaut was such as
• • would Weed the non. rejection of his euseeee,
Whether or not it was proper to receive that
motto of preceederg, was not the question, now be-.
fore the House. 'the secoo owde suggested was, to
subtnit the case to 11,es)ort of Law oe.,E,quity,.. and
thus the Honow able. amid learned •Gentletreue
served, would
piirliament be reduced. to tie ark-
waid dilemma, When Mier titasineste had been.
flee tinier% diseussed before it, they shoeld eVentually
seemit for- deeision to an inferior Court... Hu would
ask; was it ing due to the preeervation of precedent
to u careful lli exameettion, and pot to overlook
Oydireuutslatice ibistraola4tlon ? Strong.pwcdt.
ktlioO for a lee-14411er cause had frequently indticed
filet sacrifice„ of propriety in precedents, In cases
where peesons `may think themselves hardly dealt
• with by the Crowti, time presete iesetece may afford
a precedent, indectee such persons, by, a strong as-
; semblege of .114 r (heeds tharilouo., front year
7 to year, to pueforwarct

• Sir T. Tuirrow and Mr, Ils,myria b,:th taxed the
• Hon. and Learned Gentle:itAt with he'ng greatly
out of order, in imputing inotivt•s to gentlemen
tibich went to aeci,e -them of piejudice and par-
tiality.. iti the delivery of,their
TheSP,tiAKER said, be was convinced, that if the.
and. Learned Gentlemen conceived he .bad•
aCted disnreily so far,- he woald be the first tOdis,
claim the imptitation of such upon .any,Hoo.-
Gentlemen.
The CitANcgfit,ort of the :Eitennaupai did 'not
p_tireerve that his Hon. and Learned Friend was at all
out of order. :What he,.,said, he bad aid only to
warn ;thei,House trout the •adoption
.of precedents,
nut coming within the scope of a fair Par:iamentery
course of proceeding.. • •
The SuLfceroa .G.ENEnAt, hld intended to disclaim:
all such motives as were ,-inaputed to !him.. What
be said,' be had, stated Merely 1)( cause. such cases
often occurred.. If it ix, re litre ossible to introduce.
hefure any judicial tribunal all the points, in the. pre-
sent:question, kyle)), it was not ene,which was -fit (or
that species olconsith ration. It could not.be certainly.
required, that the persons employed forAhe Crown
should by any admission facilitate
.in this'case the.
progress of the claimant. An; Jloit. and Learned:
Friend near him' said, if there ,was no other,
difficulty, that of bringing, forward. A public officer
as a defendant in a matter where he could not to
indiviUally concerned, was one of itself sufficient.
He believed that, however, no Lc lined Gentleman.
would say,, that, a removal even of that difficulty:
would advance', Mr. Palmer one step, farther towards,
the furtherance of This was the first
inroad that had been made on that barrier, which
consisting . in
.the prerogative of the•:C:rown, bad
been loctg..td there
,for the protrflion. of, the publ:c
interet. Front private or peculiar teeliug,liesnould
out feel disposed to relax in his. viglianee_tor the,
priiservation of that prerogative. -.Wiihout any in-
tertefenue on the part of tnat House, the Comm of
,Jet ice were open to Mr. ::ralmer, and, he aright
elittj litetri as oilier 1111g1108 :and claimants, ..did in -
the course prescribed by the asi the. Cousiatt!.
lieu. 4
Mr. WINDHAM said, that,,thongh Mr. Nine.
might enter the Courts, yet be would nititnateVi_be
obliged ,to come' out again, as a plea in b.tr would be:
put in against him.
ALSir S, la said a.few words on the subjea.
Lijor PALMER a short reply. He deleod.
ed hip relative, from the; improper condi:a ascribed to
hini,..which be attributed to the obstacles thrown iu
his way. , He dwelt with, peculiar ,severity on: the
behaviour or • Lot d Walsingbaw, which -he termed
most foolish and absurd and adverting :o• wipt had
fallen from a begirt Hon. Gentleniati opposite (Mr.
Rose), drew a comparison between his origin, his Ca-
lents, his public serticesi and, his existing emolu-
ments, and those of Mr.. Palmer. 'To that Right
Hon. Gentleman all thii misery which Mr. Palmer
had endured wag in himpinion Attributable.

• Mr. ROSE delentied himself from the imputation
of being the author of all, the misery which .Mr.
•Pa,lmer had endured. . Oii the contrary, he declared
Most solemnly, that lie gave Mr..Palmerill the cu-
.couragement in his power, Co enable him to get the
better of the perverse resis'iancc that was unquestion-
'ably made to hita in the l'osi.otfice. With respect
to The •origin. 'lliir. Palmer, he aizpliite.+l to the
House whether he had been so indelicate as,ev. r to
allude to it, arid lie could not but ttxpress his ,ht-
prise at the strong personality coma:nett in the Hon,
Gentleman's observatiol.s.
f~lr.' lioNo. explained the evidence which he 1414
given before the Committee, and stated the violation,
of duty by Mr. Palmer as the 1;ton:idol the conduct •
that had been observed to him.
Mr.'PoNsoNtiv .supported the Address :.the only
object of which was to remove th,e impediments ,to
suba.antial justice.
"The Gallery was then cicared.—Wbile strangers.
were exclutleo, we undeistond that a protracted.cis-
cussion took place, in which the Chancellor of the:,
Exchequer, Sir '..Uurton,. the Attoroey-General,
&c. participated.,—A division ensued.
For,the Address - 1.27.
Against it - 123
. Majority in lavouy of Mr.. Palmer =7.4

On being reradmitted to the Gallery, we found ab
rrangerneot making,' by Which the adjourned,4.-
bate on Curwen't Bill wag postponed till to-
morrow ; . and the further considerallo of :Air. Mar-
motioni On the Third Report of the COMM it tee
on Public Expenditure, which stood ft.r to-morrow,
deferred till Wednesday.
•The Irish Militia Parnilies Bill went into a Com-
mittee, in which Sir J. New PO RT. moved an amea4.,
merit for prov,iding for the famdiup of Miiitiawen vo
lumeering into the Line, which,' alter some (115C111.•
Sioll, was withdrawn. The clauses were then 4one.
through, and the repoit oCered to be received..
Adjourned at half-past Twelve o'clock.

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