faulty and disobedient conduct, then I that if even the appointment and agreemust say, that a pause, a serious and at- ment had passed the great seal, yet upon tentive pause, ought to take place before the production of such testimonials, there that claim is granted. Let it be under- wouid be an abundance of evidence wherestood, that if the vote of this house estab- on to found a scire facias, and have the palishes the present demand, it will go all tent rescinded. I can contidently appeal the length of operating as a most danger- to all the gentlemen of the long robe in ous precedent: for it will go even to the the house as to the verity of my legal relength of rewarding unworthiness; at marks: nay more, it a bill of indictment least, if any judgment is to be formed had been preferred, whether Mr. Palmer from the evidence upon the table, and might not have been convicted of a conindeed, it is impossible not to form a spiracy? Their, will this house for a judgment upon that evidence, and I am moment entertain a claim with so imfree to say, that from the most attentive peached and flawed a title? Or will it consideration I can afford to the case, the sanction by its grant the repetition of same reasons which prevailed to dismiss such dangerous conduct? I feel persuaded Mr. Palmer from his official trust operated that this house will not. Upon the whole, still stronger to cancel the agreement, and I do not think Mr. Palmer has any further to annul it for ever. How was it possible claim on the justice of this country; and for government to preserve a compact I am certain, that if Mr. Pitt had attemptwith a man, who was himself violating the ed to countenance his claims, or to have main principle of all governments, by in- restored him to office, the gentlemen who dustriously fomenting a spirit of insubor- now advocate the petitioner's case, would dination, and holding forth a studied ex- have been the loudest in their condemnaample of contempt and disobedience to tion of the minister. I am sorry to make superiors in office Mr. Palmer had been any remark that may appear personal to appointed to watch over and protect a the supporters of the petition, but I must particular branch of the revenue, and observe, that it will prove an extraordithough his own personal integrity in that nary encouragement to the multiplication situation certainly stood unimpeached, yet of claims upon government, if every disthe spleen and petulance of his disposiiion contented man, be the nature or expehad tended to produce eflects nearly as diency of his demands ever so preposteprejudicial, as ever his dishonesty could rous, can ensure to his support the whole have done. The principles of gentle- embodied phalanx of opposition, merely manly honour prevented him, indeed, because an enforcement of the claim may from practising a fraud himself, but the embarrass his majesty's ministers. In criminal suggestions of anger and revenge fact, it is hardly possible to attribute induced him to sanction the fraudulent otherwise than to party spirit, and a depractices of others, and to encourage the sire, perhaps, to add one single vote to injury of that very revenue out of which their minority, the conduct of gentlemen he was at the moment vitally supported. on the other side of the house. To every Let me ask, how is it possible Mr. Palmer impartial mind it is impossible to detach could expect to have an agreement fulfilled the reward of Mr. Palmer's services from between the public and himself, when he the contemplation of those services still was teaching his own deputies in office, remaining actively engaged for the pubhow to inconvenience that very public, lic. Both the salary and the per-centage and how to counteract that very service, had only a reference to Mr. Palmer's oftiand those very resulting benefits, for | cial situation. The first was given as a which he himself was to be so liberally specific purchase of his time and personal rewarded ?-It could not be. For those attendance, and the other was added as an reasons, the minister was more than jus- inciting spur to his genius. Both were tified in cancelling the agreement; for it clearly intended to stand or fall together, he had kept any compact with so bold an and in my opinion, it is impossible for offender, he would neither have been jus- any ingenuity of construction to discontified to his conscience, or in the eyes of nect them. "Impressed as I am with this his countrymen. Mr. Palmer's own let thorough conviction, I cannot do others ters are an ample proof of his offence.-wise than give the present claim my de[The right hon. gentleman here read ex- cided reprobation. tracts from the letters, vide (a).] From Mr. Windham.-I cannot, sir, at all adthese letters, I must positively contend, mit, that the mode adopted in arguing this question, is either a mode suited to the the resolution which this house should character or functions of this house, or come to in a case submitted to its justice that it is a mode (as has been dextrously and to its liberality, the decision which a pretended) favourable to the interests of court of law might find itself compelled to the party. It has been said, we will give, if called upon to say what would be agree not to deprive Mr. Palmer of the the legal effect of a written instrument benefit of what he claims, but upon conceived in such and such terms ? I beg, grounds on which he might have been de- therefore, wholly to protest against this prived by law; and in so doing, (such is ingenious turn, by which the right hon. the inference) we put his cause upon the gentleman, conformably enough to the most advantageous grounds; for, surely, habits of his former lite, would take this no government or legislature can be con- case out of the general consideration of sidered as acting harshly by an individual, justice and equity, on which it ought to when, in the exercise of its discretion, it rest, and put it upon the issue of what a only withholds from him advantages, from court of law should decide in interpreting the possession of which, if actually vested the words of a particular grant. We have, in him, the law itself would have removed not only the words of the grant before us, him.'—Sir, I both deny this inference, and but the whole of the merits of the case ; I deny, that the proper way for the house and it is upon the view of these meritsa to examine this question, is to enquire how combined with all that belongs to the it would stand, if considered as a point of character of this house and of the country, law. The fact shall be, if the right hon. that it is becoming and fitting for us to degentleman pleases, that the terms of the cide.-Three questions present themselves Agreement would warrant the construction to our consideration; What was the bar. which he puts upon them, and that a court gain originally made? Has that bargain of law, following the rules of interpreta- been made good on the part of governo tion which they might think it right to ment? By what means bas Mr. Palmer observe, would declare Mr. Palmer's Claim forfeited his claim to it :--With a view to to the per-centage to be forfeited, in con- the last of these questions, it is desirable sequence of the misconduct, which has for- to say a word or two upon the first, and to feited his place for life. But, I am yet to recall to the house, what the nature and learn, that a house of parliament in judg- character was of the bargain originally ing a matter of this sort, is confined to the made. It was not a mere grant to Mr. rules which may be binding on a court of Palmer of a fixed remuneration formed law; or that courts of law may not be according to the ideas then entertained of bound, on a thousand occasions, and most the merit of his Plan, but a reward placed properly bound, by rules that do not in the upon the best possible footing on which particular instance coincide with the sub- rewards, in such cases, can be made to stantial justice of the case. rest; namely, such as should make the never heard of the maxim "summum jus, advantage to the projector rise or fall in summa injuria,' and is there not notoriously, exact proportion to the service which he in the system of our own jurisprudence, a should be found to have rendered-a rule provision made for cases in which the de- that can be liable but to one objection on cisions of mere law would be contrary to the part of the public; nainely, that of that which justice and equity would pre- the proportion having been taken origiscribe ? In fact, the very courts which are nally too high; but which, if not objected meant thus to supply what is defective in to on that account, (as it never had been), others, and to correct those rules which in can hardly be objected to afterwards, on many cases stand in the way of justice, account of the absolute protits which, in are themselves subject to constraints from observance of that proportion, it shall be which, in particular instances, they would found to produce. Whatever the fact desire to be free, as leading to decisions may be, we shall never venture to avow, different from what would be directed by that we refuse to make good to Mr. Pal. mere unfettered justice. In the interpre-mer the reward that was promised, betation of Wills how often does it happen, cause the advantages of his Plan to the that the property must be made to take a public have turned out so much greater course different from that which the testa- than was expected. What is said, is, that tor himself may fairly be presumed to his Claim has been forfeited by his mishave intended? What, therefore, would be conduct ; and as this is a plea which has the sense or justice of taking as a rule for not, in the general nature of it, any thing Have we to make it incapable of being true, it is necessary that its validity should be examined.—The original engagement made with Mr. Palmer was an allowance of 2 per cent. to be computed on such increase in the revenues of the Post-Office as could fairly be ascribed to the effects of his Plan. It was a remuneration given for services already performed, and involved in it no consideration of any thing to be done by Mr. Palmer in future. The proof is that had Mr. Palmer at that moment wished to retire into the country, or, from health or liking, or any other cause, declined all further concern with government, there was nothing in the world to prevent him. His bargain was complete, and if his Plan produced any gain to the public he had nothing to do, in order to receive his proportionate part, but either to attend himself, or to furnish to some one a proper letter of attorney.-This was the bargain which unquestionably Government was ready to make with him, and which, I believe, was actually concluded. But it was thought, that a change in part might be advantageously made, and that instead of paying Mr. Palmer wholly in a per-centage, part of what he was so to receive might be converted, beneficially to the public and profitably to himself, into an office to be held by him under the PostOffice, and he be enabled thereby to superintend the execution of his Plan, and thus to increase at once the public revenue, and his own profits.-To this Arrangement, nothing could be objected; supposing the equivalent to be justly taken, and supposing always that Mr. Palmer had no objection to being further employed instead of retiring with the fruits of the service which he had already rendered. Nobody could ever have suspected, that by accepting an office and a salary in lieu of part of what was to be paid him in another form-that by converting, as it were, part of his property into an annuity, -he was to alter the tenure by which he held all that was not so converted, and was to exchange what was absolutely his, for a sum, being only in a small proportion larger, which any misconduct of his own, real or imputed, or the mere pleasure of another, might at any moment take away from him. A doubt might not unreasonably be entertained, whether this would be true with respect even to the particular part converted. It might be said, this office was given you partly with a view to future services, but partly with a view to what was passed; and so far as it was a recompence for the past, it ought, if forfeited, to be replaced to you in its original form. But, it is perfectly monstrous to contend, as is now done, that in virtue of the small portion so converted, the whole of what was due to him, and what was actually agreed for, should, from that moment, become precarious and contingent, instead of absolute and certain. No such bargain can be admitted but upon the faith of documents expressed in terms the most positive and precise, and leaving nothing in doubt as to the meaning intended to be conveyed. It cannot be left to be inferred or collected, or to stand on rules of technical interpretation, or on the doubtful testimony of persons, speaking as to their opinion of what was intended at the time, and who, however respectable, are themselves very much in the situation of parties. It is not to be believed, but upon proof the most compulsory, that any man of good and sound understanding would make a bargain so disadvantageous to himself. There is no proportion between the price paid and the advantage to be gained. Mr. Palmer by accepting the office proposed, would hope, no doubt, to increase the Post-Office revenue, and thereby, besides the credit which he would gain, to increase his own profits. But what a bargain would he have made, if for the chance of this additional gain, he should have put into jeopardy the whole of what was already secured to him! Yet this is the situation in which the hon. gentlemen contend he had been willing to place himself. You have consented, say they, to be paid partly by a per-centage and partly by an office, in other words, to accept an office in lieu of a part of your per-centage. From the office you are removeable, in fact at pleasure, but certainly for misconduct, and as we cannot distinguish between the grounds on which one part of your payment is made, and those on which another is made, but must consider them all as resting on the mixed and joint views of, reward for the past and engagement for the future, whatever has the effect of forfeiting one part must forfeit the whole; and as it is clear, that after such misconduct as you have been guilty of your salary must go, it follows by necessity, and by connection of parts, that however it may have been given you on the principle of a reward, and may have remained in its original form of a percentage, the rest must go likewise. Was there ever so ingenious and satisfactory an, lary, the tenure of the salary was to at- as an admission that what was so offered tion my decided approbation and supwas equal to the fair amount of his de- port. A great deal of personal acrimony mands. His consent to accept what was has escaped from the right hon. gentleman then offered, that is to say, all that he (the chancellor of the exchequer) and an could then hope to set, was not an act attempt, rather insidiously, I must think, that could, with any justice, in my opi- has been made by him to reduce this nion, be quoted against him, as prejudicing question into the narrow shape of a mere any claim which he might otherwise be party measure. I regret that any thing thought to possess. His claim must re of this kind has occurred, because in my main such as it was originally : and it is sincere belief, no case was ever submitted upon this Claim that the house is called to the consideration of the house, in which upon to pronounce ; judging, not accord party feelings or party canvas has had less ing to the rules which some have proposed connection. In respect to this case, exas the guide of its judgment, but on those clusive of the clearness with which it is principles of general equity, which would made out, I never recollect either to have seem more suitable to the character of a heard or read of one coming before parlegislative assembly, deciding between an liament with stronger recommendations individual and the public. Was the bar- in every respect. In the first place, here | gain made with Mr. Palmer, originally, is the report of the commissioners of enan unfair, or improvident one? Was it quiry ; next, here is the report of the comrot, on the contrary, such as the public mittee whom we appointed to investigate would be glad to repeat, could the advan- its merits; and, lastly, here are the digested tages of his Plan be obtained at no cheaper professional opinions of four of the first rate? Can it be said with any truth, that legal abilities in the kingdom, namely, a bargain so circumstanced, has been for-lord Erskine, lord chief justice Mansfield, feited by his misconduct, however justly the present Attorney General, sir Vicary that misconduct has forfeited the office Gibbs, and Mr. Adam-all of these which he accepted in lieu of part of it? strictly corresponding and representing And if the reward due for service already the claims in so strong and positive a light, performed, and of which the public are that it is almost impossible to add any now enjoying the fruits, cannot well be thing in support of their authority.-T forfeited by misconduct of a subsequent appreciate the merits of this case posidate, would it be consonant to the justice tively, it may perhaps be worth our while or creditable to the character of the house, to consider it first comparatively, and to that they considered as a surrender of Mr. take a retrospective glance at contracts Palmer's right, the acceptance on his part which government have been in the habit of a smaller sum, when the rejection of of entering into with others. And, really, what was then tendered must be consi- when I survey these on the one hand, and dered as nothing less than a renunciation contemplate Mr. Palmer's agreement on of all further hopes? the other, they appear to me so extremely Sir John Newport stated himself to have opposite in principle, so strangely differbeen a member of the Committee ; which ent in practice, that I cannot reconcile it had bestowed upon every transaction con- to my conscience, eren to class thein uns nected with the case, the most particular der the same denomination. One striking and deliberate attention. He then read instance of this inequality is manifest in various extracts from the Evidence de- the contracts respecting the Dutch prize tailed before the Committee, upon the ships, where commissioners for ascertain. face of which he contended that Mr. Paling the value of the cargoes receive often mer's Claim for remuneration was clearly 5 per cent. on the amount, and actually rade out and established. for not doing one single act of benefit to Sir Francis Burdett.—Since I have been the public; or in any way whatever dea member of this assembly, I believe serving such extravagant remuneration, it has never been my reproach that I Now, really, when we hear cases like have been found the champion of needless these attempted to be placed in the same extravagance, or the advocate of a wan- scale with Mr. Palmer's, our common ton profusion with the public money. reason is insulted. In most of the conYet, much as I respect the maxims of tracts hitherto made, the advantages of the economy, I am so far from esteeming them contractor arise out of the excess in the paramount to the claims of justice, that gross expenditure, which it consequently I must rise to give the present ques- becomes his interest to aggravate and in a |