: such a nature and to such an amount for four years, without any vouchers? At most, a part only of the deficiency could have fallen on Mr. Palmer, in any event. And could he be suspected of intentionally encouraging a fraud, to protect himself from the contingent loss of so small a sum? Dr. L. said, he did not find it esta this lord Waslingham stimulated by a laudable zeal for his majesty's accommodation during one of the royal visits to Weymouth, had given to Wilson in the absence of Mr. Palmer, rather improvident orders without any limitation of expense; and with an intimation, that no expense would be scrupled. An undue advantage, in Mr. Palmer's judgment, was made of this accidental opportunity.blished at all to his conviction, that Mr. But what could he do? In this difficult Palmer was directly implicated in the fasituation he stood. If he suffered the brication of these accounts. From the man to be publicly discredited and dis- confidential letters of Mr. Palmer to Mr. graced, he feared that he might be thrown Bonnor, a short extract of not quite two back into the hands of the combination, lines had been read, very vague and gewhich that very man had been his prin- neral. Beyond this what was there? cipal instrument to break, and the public Mr. Bartlett knew nothing. Mr. Harraservice suffer more beyond all comparison, den, whom Mr. Bonnor had vouched, than by any loss in a single and occasional knew nothing, and had not even heard expired contract; a contract too, which any thing from White to this purpose. had not been made by him, but by the Setting aside the contrary assertions of postmaster-general. On the other hand, the late comptroller-general and his late he thought, that the success of such deputy, there remained only White himcharges might produce consequences, self; and he referred the order, under injurious to the terms of the standing which the account was made up, immecontracts, in which he was more immediately to the deputy: the whole, he says, diately concerned. He did, therefore, after much hesitation, advise lord Walsingham to pass the accounts, while he at the same time privately reprimanded Wilson. He did more. He required and obtained an abatement in one heavy article; and the next year made a contract for the same service at less than half the price; at a rate, such in economy, as no subsequent instance has approached. was entirely done under the direction of the deputy; he only supposes that there must have been an order from the comptroller-general to warrant the conduct of the deputy. To both these representations he adheres under all the pressure of a long and rigorous examination. What then said the affidavit which he had made soon after the suspension of the comptroller-general? In the only interview between him and White, which was there distinctly related, the former goes not one syllable farther than to ask the latter Another charge imputed to him that he had improperly favoured Mr. White, one of his clerks, in passing vouchers, which he must have known to be fictitious."whether he could not recollect any fair The sum altogether was little more than 3001., part of an issue of 1200l., for the rest of which it did not appear but that White had regularly accounted. It was a bill for travelling expenses, incurred in the business of the office during a period of four years, though it was said, that in the first of those years the journeys which this clerk had made were few and insignificant. Was this any very enormous charge during such a period? Certainly not. Had he really expended that money in travelling on the public service? There is no pretence set up to the contrary. There were indeed genuine vouchers for nearly one third of the demand; but in some instances he had not kept a regular account, in others he had mislaid or lost his papers. Would it have been much to have allowed a demand of articles of expense which he had omitted to charge?" Was this criminal? Was this in any degree improper? Beyond this, all was thrown into the convenient ambiguity of a narrative, which twice ostentatiously mentions the order of the comptroller-general for White to attend the superintendent of the mails, without discriminating whether the order was given personally, or through the deputy, as White now declared that it was; and which subjoins the purpose of that attendance, without indicating whether that purpose were so expressed in the order itself, or whether the addition be no more than the explanation of the deponent himself; though from the variation of the language in the two passages where it occurs, it can only be of the latter. description. Was that affidavit, truly speak ing, voluntary, as it purports to be? It was not. By whom was it suggested? By Mr. Bonnor. For his own part, he could not persuade himself that they who opposed Mr. Palmer's claims, could be serious in the two charges which he had thus examined. The remaining accusation was of a nature which, if the crime were fully substantiated against Mr. Palmer, would come nearest to the exigency of that case which justice would require, to work a forfeiture of his agreement, in whatever manner secured. It was imputed to him, that he had systematically thrown the office into confusion to the detriment of the public service; that he had himself created that delay in the delivery of letters which had occasioned the public meeting of the merchants of London in 1792, just before his suspension. The proof of his offence in this respect was attempted to be drawn from his confidential correspondence with his deputy. Whatever epithet might belong to the conduct which had produced such papers, entrusted without reserve in the sacred faith of friendship, yet, having been acknowledged by the writer, they were to be credited against him. At the same time, every just and equitable principle of construction demanded that they should be favourably interpreted. A sudden impulse of irritation, an unguarded phrase of whatever kind, in the negligent security of familiar communication, ought to be carefully distinguished from premeditated declarations of cool and settled design; otherwise all the amiable ease of social intercourse must shrink and contract it self into caution, restraint, jealousy, and distrust. It must be remembered too, that one letter often echoes the sentiments or the passions of another. But here were wanting all the letters of Mr. Bonnor, whom in almost every instance before the committee, Mr. Palmer had answered. It was impossible to know how far what seemed to come from the latter had been in reality suggested by the former. It could not be perceived what had been the representations, and what the arguments of the deputy, which for the instant may have warped the natural judgment of his superior, then at a distance, from more correct information. It had been. observed, that these letters were by no means of one single period. It was true, there would be found dates of three different years. The committee, then, had not an accidental fragment of a correspondence, but a choice selection from materials studiously preserved, and brought_forward with a disposition to suppress nothing that could injure Mr. Palmer. If, in the whole course of his connexion with the office, he had ever been betrayed into a single indiscretion beyond what appeared, there was every reason to believe that it would have been blazoned to the public. If these letters were not sufficient for his condemnation, nothing yet undiscovered could be presumed, nothing conjectured, nothing suspected, nothing imagined to his prejudice. The only letter of the year 1788 related to the affair of Wilson. It did not apply to the present purpose, unless perhaps it might be thought to contain. something a little indecorously ludicrous in the mode which the comptroller general there points out for teaching men of high rank and high situation, that if they descend into the details which properly belong to subordinate officers, they will be in perpetual danger of losing their way in a strange country, of which they neither know the land-marks, nor understand the language to enquire their road. The result of the solitary letter, in 1789, was to forbid what seems to have been suggested by the deputy, and to prevent mischief. So far that could not tend to criminate the late comptroller-general. But it might be said, that he here suffered a principle of action to escape him, which he afterwards carried into practice. What then was that principle? It was neither more nor less than this, that he might not have disliked such a total confusion as would have forced on a complete enquiry into the state of the office, and led immediately to some radical and effectual regulation. He thought that a separate and independent authority was necessary to the purposes of his appointment, and he hoped in this manner to obtain it on a full investigation of all complaints. There was not a more common, because there was not a more plausible-there was not a more successful fallacy, by which men were seduced into errors or crimes, than the slippery maxim, that the end sanctifies the means. Eager and ardent minds, in proportion as the object which they had at heart was fair and laudable, were impatient of every obstacle, attempted every path, and theimpediment which they were unable by open force to overcome, they endeavoured secretly to sap and undermine. In this light it was that he saw the inclinations, he would say, rather than cial documents which have been produced on the contrary side demonstrate the real cause which gave rise to that complaint of the merchants, in the beginning of 1792. It was the introduction of a new check in the office, which was the sole act of the deputy, without the sanction of the comptroller, as without the knowledge of the postmaster general: a proper check if expedition had not been too much sacrificed to accuracy; but on which it was on all hands admitted that it did actually occasion a considerable loss of time. The committee was now, on a consideration of all these circumstances, to hold up an example which might one way or other be attended with consequences of no trivial magnitude. If the decision should be unfavourable to a claim of such acknowledged merit, he feared that men of talents who might hereafter be willing to employ their genius and their industry in the service of the public, would discover only in the proceedings of that night, that Mr. Palmer had one fault greater than any which had been pressed against him-a fault of an over hasty and improvident zeal to do, without regard to his own interest, whatever good it was in his power to do to his country. the conduct of Mr. Palmer, during that period, to which all the rest of the letters applied. They were all written in the autumn of 1790. And what was then the state of the office? During a short absence of the comptroller-general there had been, as he stated in a solemn remonstrance to the postmaster-general, a wanton interference threatening him, and insulting and disgracing valuable officers for their known attachment to him. He had written, that he hoped on his arrival to adjust every thing satisfactorily; but a peremptory decision was immediately passed unfavourable to him; the orders of former postmasters general, subjecting all the officers of the kingdom to his authority were contradicted, and papers sent to invite complaint and opposition against his regulations. So at least had the measures of his superiors been represented to him by his deputy. And in what manner did he act? Did he aim by clandestine managements alone to defeat this interference? No. He avowed his sense of this usage. He boldly and strongly urged his grievances. He insisted on a reference to the arbitration and award of the minister. At the same time he did, it could not be denied, in one letter intimate to his deputy a desire that he should not enforce The Solicitor General said, that he the discipline of one particular depart- always understood when a man inment, in which the postmaster had chiefly sisted upon the exact performance of a intermeddled. But was this malignantly covenant, it was incumbent upon him to done? Quite otherwise. Even when he show that he had performed his part of thought the conduct of the postmaster the contract. He would ask gentlemen, general what he most could wish, he whether, in their opinion, Mr. Palmer could not help expressing, confidentially, was a fit person to be reinstated in his sihis regret at the revival of old quarrels tuation of comptroller-general of the postand old feelings; and he found a consola- office, and if they were not of opinion tion only in the reflection, that, notwith- that he ought, from what did that imstanding the confusion which had been pression arise but from his letters, and the introduced, the business would be effec- conduct of Mr. Palmer? Could they for tually done; that it could not be undone a moment have confidence in the man who by any mismanagement of others. But could write those letters? It was also in did any mischievous consequence ensue evidence, that Mr. Palmer was a man from the hint to his deputy? No. Was inpatient of control, and so desirous of there any public complaint of the lateness getting rid of the authority of the postof the delivery at that time? None ap- master-general, that he forgot the duty pears. Did the delivery actually fall which he owed to his superior officer. back? There is no trace of it in the evi- But supposing the treasury had made an dence. One thing above all is clear, that improvident bargain, would that House these letters of the comptroller-general to force them to perform it? It was like the his deputy did not occasion that lateness case of buying a horse at a farthing a in the delivery which afterwards attracted nail, and doubling it, which was in law the attention of the public; the charge an improvident contract, and not good. which the correspondence was originally Though Mr. Palmer, from his conduct brought to support. The dates alone are was no longer fit to remaim comptroller conclusive. There was an interval of con- of the Post-office, yet they acknowledged, siderably more than a year; and the offi- his merits in other respects, and he had accordingly received 3,000l. per annum, as a compensation; and in his opinion he must make out a much stronger case before he persuaded the House to allow him a larger reward. Lord Sheffield said, that the question was, whether ministers had entered into an agreement with Mr. Palmer, and whether Mr. Palmer had fulfilled his engagements? All agreements, especially of the kind in question, should be strictly observed. No man doubted the great advantage derived from the plan, and perhaps a better bargain had seldom been made for the public. The integrity of Mr. Palmer was not impeached, and as he had executed his plan, even beyond expectation, no wrangles in the Post-office department should be suffered to deprive him of his promised reward; and it was the duty of parliament to enforce the fulfilment of agreements made for the public benefit. The Attorney General said, he must divest himself of his professional character, and speak only as a member of that House, upon the subject of the counsels opinion. When that paper was sent to him, he was led to inquire with what view it could be so sent; nor could he conceive with what view it could be supposed by his learned friends who signed it to be taken, unless for the purpose of influencing the House. He was sure it must have been obtained by surprise from them, as one of them, Mr. Adam, had been long a member of that House, and a more correct man never lived. He was sure that learned gentleman would never have signed a paper which he supposed was laid before him, in order to influence his vote in parliament. Another of the learned gentlemen was actually a member; but he did not see him in his place when any subject had a right to call for his opinion. With respect to the question proposed to them, whether the evidence substantiated Mr. Palmer's agreement? In their answer they paid no great compliment to the then attorney-general. It was supposing that he would have drawn a patent or a bill, in which Mr. Palmer would have been secured his emolument, and no clauses or restrictions added by which the country would have been secured that he should have performed his duty in return. Then let the House next consider, whether his conduct had not been such, as would have warranted an attorney-general to have moved a scire facias for the repeal of his patent; and this he took to be the true state of the question. Gentlemen sometimes gave very indulgent opinions, and it seemed to be so here; for he defied any man to say it was borne out by the evidence. They doubted that the letters were evidence, because they were improperly given up; but surely, when government were in possession of the facts they communicated, they were justified in acting upon them. The learned gentleman then read extracts from the correspondence, from which he contended that Mr. Palmer had been justly dismissed. He was willing to admit, that the communication might have been made wrongfully, but how did it become government to act when they were in possession of the information? The question then was whether the remuneration given to Mr. Palmer was adequate for the service he had performed? After a consideration of the evidence, he could not help declaring his opinion, that it was adequate. Mr. Jekyll said, it was agreed on all sides that a specific contract had been entered into between the Treasury and Mr. Palmer -a contract that would have been moulded into a patent, had not the act of parliament, regulating the Post-office department, stood in the way of its completion. Had it been so moulded, was there any lawyer who would assert that such a patent could be vacated on the grounds disclosed by the report? He would contend that a patent-office could not in point of law, be vacated, unless it should appear, that there had been corruption in the discharge of the duty, or gross misconduct. The postmasters-general negatived the first point by positive evidence. The letters to Bonnor are resorted to, in order to make out a charge ef embarrassing the Post-office. Now, it appears, by the Report, that the very embarrassment complained of, was the blunder or machination of Mr. Bonnor himself, without the privity of Mr. Palmer, who removed the check imposed by his deputy, and instantly restored the expedition of the delivery. A more wise or beneficial contract was never entered into on the part of government. Of the incomparable utility of the plan, it was needless to pronounce a panegyric. At the commencement of Mr. Palmer's operations, the minister held out all possible protection to free him from that dependency on the postmasters-general, which shackled and confined them. But that species of official interference soon became inefficacious. Mr. Palmer had the mortification to feel every effort towards the completion of his system, paralized by the postmasters-general. He attempted indirectly what he could not do directly: to do a great right, he did a little wrong. He found his situation rendered distressful, and nearly abortive. Yet even then, whatever transient speculations escaped him, they were never reduced to action; and inactive speculations could not be the ground of vacating a patent, or annihilating a specific agreement. The faith of government was pledged by the act of the Treasury, and Mr. Palmer had as intrinsic a right to the profits of his contract as the fund-holder to his dividend on the 3 per cents. The Speaker said, that the question divided itself into two parts: 1st, whether or not there was any specific agreement; and 2nd, whether it was merely in remuneration of past services, or whether it had not also a prospective consideration, and if that reward had not been forfeited by subsequent conduct? It was admitted that the agreement had not legal validity, and, therefore, must rest upon the good faith of the Treasury. In every contract, the party, to perform his part, must act with diligence, fidelity, and integrity. He would never underrate the merits of Mr. Palmer; but the question was, whether he had received his recompense for future performances; whether he had performed those duties faithfully and diligently; or whether he had not forfeited his future salary from his misconduct? Here he was grieved to say, that the report abundantly confirmed that fact. At the same time he must do Mr. Palmer the justice to declare, that he had not acted from corrupt motives; he seemed to be a melancholy instance of a man's going unwarrantable lengths to obtain a favourite object. It had been said, that nothing had been actually done, and that the whole of his misconduct was confined to his letters; but the Report proved, that the delivery of letters had been retarded, and that the wish of Mr. Palmer had in part been carried into effect. It was his opinion, that government, with such facts staring them in the face, would act culpably if they over-looked them. Mr. Sheridan said, he did not blame the minister for his wish on this occasion to save the public money; but surely Mr. Palmer was not to be condemned, if he appealed against a pension at will, given to him in lieu of a positive stipulation; and if he keenly felt, that, after sacrificing so large a portion of his life to the public service, there was now a possibility that his family might be left destitute. The hon. gentleman who had talked so freely of the nonsensical opinion of the lawyers consulted, did not seem to know that the publication of their opinions was a practice the most common. Every man who paid for an opinion had of course a right to publish it. The attorney-general had gone rather farther in his cavalier treatment of the opinions of those gentlemen. He seemed to treat them, not as completely serious, but as emanating from a sort of good-natured indulgence towards their client. This was to trifle with the House, and to libel those most respectable gentlemen. Mr. Sheridan then proceeded to state the merits of Mr. Palmer's plan, and to show how little probable it was that any other man would have effected its completion. He had been thwarted by the old establishment at every step, and his mind was irritated by their constant opposition. It was said on his success, that the revenue had been raised by other means, when in fact, had it not been for Mr. Palmer, an additional duty could not have been raised. It appeared strange to him that the main point on this occasion had been slurred over, and this was, whether there existed or not an original contract for giving to Mr. Palmer an independant power? If it was so, and if this contract was obstructed by the act of queen Anne, it was the duty of ministers to have provided a remedy by a short act. of parliament. They must have known, that, without a due control, he could not accomplish the proposed reform. They were aware of the abuses which prevailed when that gentleman first entered the Post-office. When he made his contract he supposed that he should have full powers to do away those abuses, but he found himself powerless, and his enemies in full power. It was under this impression that he had made use of the language on which the right hon. the Speaker had commented. He knew that he could bring those persons to shame;" but he also feared that he should fall himself in the conflict. He felt that he lay then at the mercy of the present or of any future minister, though it would have been the height of injustice to deprive him of his emoluments, unless misconduct had been proved. Where was, then, the miscon |