Star.
London, England, 1809-05-26 00:00:00

MEDICAL. DEPARTMENT.

Mr. WARDI.E gave notice of his intention Cr Monday eel,:
to move for certain Papers relative to the Medics' Departmcs:
•f the Army.

CifitLSEA COLLEGe.,
Sir FRANCIS BURDETT 'said, that some time since, certain.
Papers respecting the grant nude to Colonel Gorden, at Chelsem
were moved for by an Honourable Friend of bit, but had
not yet been laid before the House. He wished to know if there
was any intentlbs on the part of Ministers to produce those Pa.
pers ?—brcause if not produced shortly, he must be under the see-
cessity of moving an Address to his Majesty on the subject.
Mr. LONG said the Papers were now printing, and mink%
he trusted, shortly be laid before*, House.
Sir F. BURDETThoped It void* bs time enough, before
breaking up of the House, to Wog forward any question ills..
might lippeer necessary on the subject.
- INSOLVENT DEBTORS.
Sir THOMAS TURTON brought in his promised
Bill for the relief of Insolvent Debtors. He torsi.
dered such a measure recommended as well by poi;cr
and expediency as it was by humanity. He regretted
that the remedy at present was only to he Viewed as
a palliative for a most crying evil—an evil that
niched the wise syritem of our civil jurisprudence—
He trusted the time was not far distant when such a
stain as the present law of imprisonment for debt
would be expunged by the decision of the Legisla.
ture. The prisons where debtors were at present
confined were now more crowded than at any former
period, in a proportion of five to three. And he as.
cured the House, that at this season of the year, when
the heat was so excessive, 13 unfortunate immured
fellow-beings were crowded together, in rooms fifteen
feet by sixteen. He did not make this statemert
with any view of reflecting upon the persons to whom
the management of our prisons was entrusted ; but
he alluded to it in order to prove the absolute nixes.
sity of the measure which he should propose, The
Honourable Baronet adverted to the various evils
with which the present system relative to the Debtor
Code was pregnant, and which surrendered the liberty
an-d even existence of an unfortunate man to the ma-
lignity of an individual. To prove that such a prin.
ciple of malignity was in operation; he could souse
the House, that he had himself received menacing
letors, of a natgre which, if proved, would risk the
life of the writer, threater,ing liim if he brought inn
this Bill. The Honourable Baroni:t mentioned this
fact to convince the House that such a species of tna-
lignity did exist with some persons against their un.
fortunate debtors ; and would the House sacrifice
them to the eternal persecution of such a feeling
The proposed bill would, he hoped, be e...tended to
persons confined for 20001. and he did think a pro-
vision might be introduced extending the benefit; to
all others confined fpr larger supis, who had suffered
an imprisonment of five years. This Ina proposition
he threw out for the ‘sgsider2.tion of the House,.
The bill was then read a-first time, and ordered w be
printe4, an 4 read a second time on. Tuesday next.
MR. PALINIEP..

Major PALMER rose to bring forward his promised
motion with respect to the propriety of referring tae
claims of Mr. Palmer, late of the Post Office, upon
his Majesty's Government, to the decision of a J cry
in one of his Majesty's Courts of Record. Such was
the course of proceeding which the friends of Mr.
Palmer now deemed eligible in consequence of tne re-
peated disappointments that Gentleman had hitherto
met in the prosecution of his claims. He had heard
it rumoured that the present motion would be op-
posed because there existed no precedent. If such art
objection was tenable there could never have been a
precedent at all, inasmuch as all such measures must
have originated upon their own merits. But there
were numerous precedents where Government waved
its privilege and gave to claimants upon it the povrer
of bringing their demands to an issue in the subordi-
nate Courts. In Mr. Palmer's case Parliament had
not decided. He, it was true, had appealed to the
Legislature, but as it refused to give arsrerclict, it was
but justice to allow him the opportunity of applying
' for redress to the King's Courts of Re..-..ord. It had
been suggested to him? that the most efficient course
to pursue, was to move in that House an Address to
the King,
ously pleased to pay Mr. Palmer's demands, and that
praying that his Majesty would be graci-
the House would make good the same. The objec-
tion he had to the adoption of such a course arose from
an anxious wish to avoid any steps which may at this
moment create any difference between the two Howe
He therefore preferred that course which was the birth-
right of every man in this country, namely, that to
him and his claims the Courts of Justice should be
open. It was another privilege of our Constitution,
that there was no wrong without a remedy. Here
was a wrong and no remedy was applied—here were
acknowledged services, and no opportunity afforded
for redress of the grievances under which the author
of those services suffered. therefOre, 'on the part
of Mr. Palmer, appealed to the justice and wisdom of
that House, and moved, that it would be pleased to
Address his Majesty, praying him to order that Mr.
Palmer's Claims should be investigated in one of his
Courts of Record at Westminster, and that the Re-
ceiver General of the Post Office be ordered to defend
the same.
The CHANCELLOR of the EXCI-lEVER
said, he did not see how the Receiver-General of the
Post-Office could be a defendant in an action of this
kind. No legal right had been established which
could authorise Mr. Palmer to bring such action, be-
cause there was no office or salary annexed to it,
which could be made a cause of action before a Court
of Record. He never heard of such a thing as an
issue of this kind being tried, and much less being tried
by virtue of an address from that House. Suppose
the House directed such an issue, would any Court in
Westminster' Hall try it ? Certainly not. The Courts
acted fly precedents, and according to law, and they
would not depart from the la-
Mr. ADAM defended the
and in order to try that claiaa
obstaile usually assigned in col
authority of precedent, with
public Boards, ought to be removed..
he proposed an Amendnient, - •
dress to his Majesty, praying ,
i4l of ;,he Post-Office should be .
action brought upon this subjeci
equity. The House had nothinis
' of action or the grounds a defenci
called upon to tic), which, in tor'

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defence—mall that it WAS
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gesolution, it was bound to do—that the Attorney-
General should not be allowed to avail himself of a
legal plea in bar of an equitable claim.
'Vie Amendment being put,
The CHANCELLOR of the EXCHEQUER
again rose, and recommended that some time should
be afforded for the consideration of this subject, in
order that the House of Commons should not commit
itself by any irregular or ill digested proceeding.
Mr STEPHEN spoke upon the same side.
Sir THOMAS TURTON defended the claim of
Mr. Palmer, which he"Oonceived it would be disho.
pourable to the character of the House not to assent
to, and forward by every means in its power. The
aleple question was, whether an individual who had
rendered an important service to the public should be
rewarded for that service, particularly where a special
agreement was entered into to secure that reward ?
This question the House had already decided in the
affirmative ; and it would he preposterous to talk of
dignity if it did not take adequate means to enforce
is decision. If the means proposed by the Motion or
amendment were inadequate, why did not the Gen-
tlemen connected with Administration, if so solicitous
Pr justice, or for the dignity and character of the
House, as they professed, suggest some adequate and
more effectual measure. No obstacles of form should
he allowed to stand in the way of such an object ; and
where justice and liberality were so much interested,
to dwell upon mere forms was, he could not help
eying, an unworthy subterfuge. .
Mr. ROSE professed himself friendly to the merit
of Mr. Palmer, but vindicated the conduct of Mr.
Pitt towards him.' Mr. Pitt was in reality well dis-
posed to serve Mr. Palmer; but the misconduct of
that Gentleman in the Post Office rendered it impos-
sible for him to act diferently from what he had done.
To shew the nature of that misconduct, the Right
Hon. Gentleman referred to-the Report of a Com-
mittee of the House upon' this subject, from which
Roort it appeared that the Honourable Gentleman
bad not only misconducted himself, but advised other
persons to do 305 by which behaviour the business of
the Office had been impeded, and the Public de.
frauded, _ _ _

Mr. FULLER was a strong advocate for the mo-
tion. Nothing appeared to him more just, than that
a claim, in favour of which the House had so often
decided, should be carried into execution ; and as a

reference of the case to a jury of honest men seemed
the hest means, he would support the proposition.
The SOLICITOR-GENERAL. argued at consi-
derable length against the itnpropriety of hastily esta-
blishing a precedent upon any circumstances that
might at a future period involve that House in great
difficulty.
Mr. WINDHAM said, that it was his wish that
substantial justice should be done ; it did not appear
that that object could be obtained by merely going
into Courts of Law for a remedy, unless certain tech-
nical difficulties were in the first instance done away.
This was all Mr. Palmer wanted, and he could not be

brought to think that it would be at all a violation of
the dignity of the House to agree in an address to his
Ma;esty to that effect. The House had already estab-
lished the justice of Mr. Palmer's claims, and it would
be wrong to suffer that justice to be defeated by any
technical forms.

Sir SAMUEL ROMILI.Y said, that the question
before the Howe was, whether they would allow Mr.
Palmer to take such legal proceedings as he thought
fit, to make good a claim already acknowledged to
be a just one ? Mr. Palmer was anxious to go into
a Court of Justice, and only wished that the Receiver-
General might be considered as the Defendant. All
he asked of the House was, to put him into the same
situation in which he would have been had he con-
tracted with an individual instead of the Lords Com-
missioners.

Mr. PALMER spoke in reply. He entered into
an account of the whole history of his father's engage-
ments with the Post Office, and concluded by de-
fending his father
.from the imputation of having
ever had a pension.
Mr. ROSE hoped that the strong personal allusions
which had been made to him would sufficiently apo-
logise for his again rising. He denied that he had
been influenced by any other motive in the part he
took in this business, than a wish to defend him who
could not now defend himself, and who (Mr. Pitt)
had been charged with gross injustice in this transac-
tion towards Mr. Palmer. Mr. Pitt had an high opi-
nion of Mr. Palmer's talents and services ; but no-
thing. he was concerned to state, but Mr. Palmer's
own misconduct was the cause of his removal. At
the same time he admitted, that certainly Mr. Palmer
had in the beginning many difficulties to encounter,
and had to contend against a teazing opposition on
the part of those who did not think as highly, nor (as
the event proved) as justly of the plan as Mr. Palmer
did. As to the origins of Mr. Palmer and himself;
he asked, if he ever had made any allusion to Mr.
Palmer's origin ? Never. . He was incapable of such
indflicacy.
Mr. LONG defended the evidence he had given
before the Committees' of the House, and affirmed
that he had never varied from any evidence or opinion
deliv;:red by him on this subject. There never was

an agreement.with Mr. Palmer which did not. include
the discharge of his official duties. Mr. Palmer had
misconducted himself in his office, and had therefore
violated the agreement. At the same time he ac-
knowledged the merits of Mr. Palmer.
Mr. PONSONBY suggested, that the Officers of
the Crown should not take advantage of the Statute
of Limitations, nor of the non.liability of the public
officer. This was the purport of the Address—to
place Mr. Palmer in a situation to try the merits of
his case. He stated that he meant to propose an
Amendment pursuant to this su iots. •
The Gallery was then cleared, but an interval of
an hour and a half elapsed before the divisiod took
place. When the House ihvided, there appeared-a--
For the Resolution • 127
Against it -
Majority for Mr. Palmer
White strangers were excluded,.we understood that the Meow
ion on Mr. Curwen's Bill was postpooqd,..
Mr. MARTIN moved that the Deism* on the Third Report
Ni the Finance Committee be adjourned till Wednesday next.—
Ordered.

The House then resolved keelf Ito a Committee on the Irish
!Chia Families Bill. .

Several Amendments were agreed to, and the Report was or-
trd to bt received to-day.

Fe other orders were disposed of, and the House adjourned
One O'CitiCk. •

LONDON. •

FRIDAY, MAY 26.

- -
PRICE OF STOCKS THIS DAY AT ON! O'CLOCK:
Consols, for money, 6811—Ditto for July opg. 681--
,Omnium 1 preen.—Exchequer Bills. 12.. to 14$. pre.
PRICE OF STOCKS YESTERDAY.
3 per Cent. Red. 6711 A India Bonds 17s. prem.
g per Cent. Cons. 68 Old S. S. Ann. 671
4 per Cent. 831 83 Omnium 11 prem.
5 per Cent. Navy 99111 Excheq. Bills, 12s. 15s. pr.
India Stock 187 Consols, for uc. 691651

We have received several letters from our army in
Portugal, but of dates anterior to the capture of
Oporto. Some particulars may, however, prove ac-
ceptable to those who have relatives in the army.
The arrival of Sir ARTHUR WELLESLEY, on the 2d
inst. diffused universal joy and a degree of confidence
which has been justified by subsequent events. The
remains of the grenadiers of that distinguished corps,
the 29tb;iias selected for the guard ofhonour. There
were illtiminations, dtc. ice.

On the 29th ult. an express arrived at the army,
then at Leyra, and in less than an hour the whole
was in motion, with the exception of General MAC.
xitsztea brigade, consistihg of three battalions which
had gone to take possession of Abrantes, where there
is a bridge over the Tagus.
The 16th Dragoons joined the army, at Coimbra,
on the sth.

Our soldiers found both the country and the people
much improved as they advanced from Lisbon. The
people were extremely hospitable to our troops, hail-
ing them as their deliverers.

General BERESFOR lI'S troops ( the armed Portuguese )
are spoken of in the most respectable terms. The
General had been very active in their organization,
and had suspended, without any ceremony, every offi-
ver whose conduit:he disliked.
This morning we received some letters of the 13th
inst. frOm the army under Sir ARTHUR WELLESLEY.
They repeat many of the details given in the Gazette,
and which, therefore, need not now be given. We
cannot, however, refrain from noticing one point of
general eulogy in all the letters. The only part of
the 14th light Dragoons engaged was the right squa-
dron. This small party actually charged 3000 of
the enemy's infantry, and took, killed and wounded
about 400 of them. In this charge, as our Readers
have been informed by the Gazette, Major HERVEY
had the misfortune to lose his right arm, Captain
HAwria, who had a horse shot under him, had his lip
grazed by a ball, Lieutenant KNIPE was slightly
wounded in the neck—Lieutenant DORMER escaped
unhurt. The squadron consisted of Captain CHAP,:
wan'a and Captain HAWKER'S troops. The former
lost only two men, the latter had 11 killed, 17 wound-
ed, and several missing.
The following is a copy of the GenerAl Order issued
by Sir Avernus WELLESLEY, immediately after the
brilliant victory of the 12th :

GENERAL ORDER.
" Oporto, May 12, 1809.

" The Commander of the Forces congratulates the troops
upon the success that has attended their operations for the last
four days, in which they have traversed above 80 miles of most
difficult country, and carried some formidable positions, have
beaten the enemy repeatedly, and have ended by forcing the pas-
sage of the Douro, and defending the position which they had
so boldly take& up, with numbers far inferior to those by which
they were attacked. In the course of this short expedition, the
Commander of the Forces has had repeated opportunities of wit-
nessing and applauding the gallantry of the Officers and troops.—
The activity and conduct of the 95th, and of the light infantry of
the 29th, 43d, and 52d Regiments, the bravery of the 16th Portu-
guese Regiment, the able movements made by Major-General
Murray with the Ist and second battalion Hanoverian Legion,
under Brigadier-General Langworth, and the gallant attack made
by Brigadier-Gen. Charles Stewart, with the squadron of the 16th
and the squadron of the 20th Light Dragoons, under the com-
mand of Major Blake, of the 20th, contributed essentially to the,
success of the attack of the enemy's advanced guards on the 11th,
and the steady gallantry of the Buffs, 48th, and 66th Regiments,
under the command of Major-General Hill; the timely passage
of the Douro, and the subsequent movement made by Lieute-
nant-General Sherbrooke, upon the enemy's sank, with the brigade
of Guards and the 29th Regiment, and the bravery of two squa-
drons of the 14th Dragoons under the command of Major Har-
vey, and led by the Hon. Brigadier-General Charles Stewart, ob-
,tained thevictory which has contributed so much to the honour
of the troops on this day.

" The Commander of the Forces has to express his acknow-
ledgements to the Hon. lieutenant-General Paget, in the man-
ner in which he conducted the advanced guard on the 14th, 11th,
and 12th, and In which be took up the position beyond the
Douro ; and he regrets the misfortune which has deprived him
(he hopes only fcira time) of his assistance. To Lieutenant-Ge-
neral Sherbrooke, Major-General Murray, Major-General Hill,
to the Him. Brigadier-General Charles Stewart, to Lieutenant.
Colonel Delaney, Quarter-Master-General's department, Captain
Mellish, Adjutant-General's departMent, in the assistance they
rendered General Stewart in the.charges of the enemy's defeated
infantry on the 11th and 12th; and to Major C. Campbell, of the
Acljutant-Gc;neral's department, for the assistance he rendered
General Hill in the defence of his post, and Brigidier-General
the Hononrakle Charles Stewart In his charge of the enemy's in-
fantry o 4 the 12th.

" The Commander of the Forces also acknowledges the assist-
ance he has received
porn the Adjutant and Quarter-Master-
General, and the Officers of these departments respectively, and
to Lieutenant-Colonel Bathurst, and the Officers of his personal

Stag •
4' Officers commanding Brigades will send out such patroles in
the course of the night as will preserve due order in the town.
" The Brigade of Guards will furnish the usual Guards this
evening. An Orderly Serjeant per brigade to attend at the Ad-
jutant-General's Office at eight o'clock to-morrow morning, and
bring with them the return of killed, wounded, and missing."

In addition to the statements in the Gazette, we
learn that on the evening of the 13th some of our
parties were sent forward to harass the enemy, and
to.ascertain the direction they were taking, whet' it