The Sun. — London, England, 1819-04-03 00:00:00

could Touch for the truth of their allegations. It may appear strange to the House that any rnan could have recourse' to such barbarous and atrocious conduct, but andh was the fact: Tbc Petitioners were even merciful in their represew a tion of the case, for they did not state all the circumstitices of aggravation attending it. Ile hoped the House would see sufficient reason for referring it to the Committee OTT the Pont' Lan-s. Parliament should not, in his opinion, sutler such things to pass 'without notice. Mr.WyNTN admitted, that the charges contained in the Petition affected the moral Character of the individual concerned most deeply, but he feated the House could do nothing in the case. ' There was nothing illegal in tie measures which tiast person had arto i ved, for ever gran bad a right to Yin what he pleased with Ii rv•vti. property. If the House were to interfere in the present instance, every case in which a landlord ejects a•tenaut would he brought before it. Stlppo.9e gr;.!at landed proprietors in this city. such as the Duke of Bedford, or Lord Grosvenor, were to give no tice to their tenants to quit, Anil chose to turn large streets into pastures, the consequences might he ruinous to many individhals, but no legal measures could he (-alien to 'repress their dis posal'of their own propei ty. This. appeared an insurmountable objection to entertaining the ob ject of the Petition. Mr. DICK P:NSON stated, that a considerable no tice to quit•bad been Oven to the individuals who bad beer ejected, -and that the parish officers had ordered one shilling each for men and women, and sixpence for childteo, to be paid them to pro- cure a lodging. There were none to be found in the town; however, and they had been 'obliged to repair to the neie.bbouring villages, where, being beyond their limits, it was no longer in the power of the parish officers to pay them the in tended allowance. Lord CASTI.EREA,Gii felt the greatest sympathy tow4r4l. the tinforturrAte suffere►s, but as it was not iu the power of the House to grant them re lief, to receive their Petition would only serve to give them onfounded hypes. lie therefore ad vised the lion. Getrileman to with►lraw it. Sir 3. NEWPORT :imoght it polisible, that if the Petition were.to be received, and ordered to be printed and inserted in the Journals of the House, it might produce a beneficial feeling of shame in the individual whose conduct formed the ground of the present applica:ion. Mr. BENNET then consented to withdraw the Petition. GENERAL GOURGAUD. Mr. LAMBTON rose, pursuant to ids notice, to present the petition of General Goorgaud He was totally unacquainted with that individual, and came forward at the request of a distinguished foreigner now resiling in this country, and who was R. friend to the General. He considered it his duty as a Member of Parliament so to (10, and he was the more willing as the complaint arose from the execution of that Alien Act, which re maiited amongst our Statutes, a record of. our de parture from that libtral hospitality which forin 'ed the ancient honour of the British character. He owned that he should have "presented such a petition to the last Parliament with little hope of 115. meeting with the attention it deserved, f o r that Parliameat had stifliciently shown its disre gard for considerations of liberality, justice, and humanity. But he had seen in the present, symp toms of a different kind, and he felt encouraged to think that it would act with a degree of justice and liberality unknown to or unpractised by its predecessor. The petition which be held com plained, that the provision in the Alien Act, by which a foreigner might claim to be carried before the' Pricy Council before he was sent out of the coantty, had been 'appealed to in vain. It alleged a seizure of. papers and property unauthorized by the Act, and stated that a series of barbarities had been inflicted on General Gourgaud, which, if not satisfactorily disproved, mast entail everlasting disgrace upon t the Go- He sincerely wished those allega tions might be so disproved, and that Govern ment might 'clear itself from the charge of hav ing heaped up insults and cruelties .on an unfor tunate, individual, who had nothing to protect bin against their boundless power. He should now briefly state the substance of the petition. General Gourgaud stated, that on the 14th of last November several men had rushed into his apart ment where be was in bed. Mr. Copper, wlio was at their head, desired him to rise, as Lord vernment, Sidmanth wished to see him. He expressed his readiness to obey ; but when he saw that they were proceeding to seize his .papers, he had asked to see their warrant for so doing. Mr. Capper then showtJl him a ‘varrant fraTh Lard Sidwooth, ordering him to leave the country instantly. lie esk et i f o r a few ho4irs to settle his affairs, but was told that if he did not rise immediately, he should be taken away naked as he was, and seine of the men even began to pull the bed-clothes from him. He then demanded to be taken before the Privy Coiu but no answer had bee' returned. He had then been carried into the sittint. , -room by persons holding pistols to his bre,est. He bad no intention of disobeying the mandate, and even sheaved them the closet where his portfolio Was lucked. At the same time he protested against the seizure of his papers. He had no objection they Fhould he seen by Lord Sidmouth, dirt by no others, and therefore endeavoured to deal them up. Giver snatched the ti , x from ,his hand atter he 111(1 affixed hut one seal. The mcn then seized him by the throat, struck him, on the bead, and succeeded, notwithstanding his cries of mur der, which such treatment amply authorized, in carrying' him off. He then demanded to be taken before a Magistrate, but in :rain. Cap per told the crowd assembled on the occa sion, that he was a criminal, guilty of high treason, and even threatened to fire among them if they did not disperse. When thrust into the carriage his ;eg bad been nearly broken.— Ea the intense haste with which he was driven into it, he fell at the bottom. Capper and others jumped in after him, kept .him under their feet, and drove, off. Such were- the leading particu lars of the treatment experienced by General Cii,urgaud, as stated in the Petition. In corro borition of the assertion that he had demanded to be taken before the Pt ivy Comic], be (:vir.L.) then read an affidavit from General Liourvud, in , which that ofrxer stated, that baying been told he ran tine risk of being sent out of the country iu conseqtienceof he letter he had written to the Elton ess ill it is Louisa, he had enquired of a fr ieuit what he shoold do, if a warrant to that effect were issued against bins. That friend had shown the Alien Act, and pointed out the clause by which lie, might insist on being taken before the Privy Council. Beiti4 , thus forewarned of the course h e should adopt, he had adopted it, but in vain, for Capper had refused all his applications to carry hits hetote the Privy Council, Lord Sid mooth, or even a fvlagistrate. When arrived at Harwich, he had hide( d been taken before a Ma gis,rare, who had retosed to listen to him, cod had oil him that Capper was the only person to whom he could apply, as he was the represeot a ti‘e of Lord Sidmotith. He had then asked the ;‘iagistrate to take charge of a letter to Lord Sid mouth, hut had met with a fresh refusal. He had, however, sent an open letter by Ir. Capper to his frend Count Forbin Janson, requesting him to take charge of the effects which he had left in town. Bot on the 18th Capper had re turned with an open letter from Count F. Janson, statilig that he had not even been allowed to read that w hieh had been sent to him, and that all the GeneraPS effects had been removed to Lord Sid mouth's office. He had then been put on board a packet and landed near Cuxhaven, without any . passport or nape's, so that he had been obliged to go to the Govel nor and state that he had been lauded by order of the British Government, to avoid being put andel. arrest. The Hon. Mem. her then read a letter written by General Gutty gaud from Harwich to Lord Sidniouth, and dated the 18th November, in which he complained 'of the tueattneot es Bich be had experienced, and claimed the restoration of his property. To this he had received an answer front the flome Office, dated the 24th Nov. and informing him that Lord sidoonali had diteceed that his portfolio and other effects should be transmitted to him through the British Volt Agent at Cuxhaven. On the 7ti, of 1),:e General Goorguod had wi itt en another letter to his Lordship, complaining that only his port folio had been sent, and that whereas he had locked it before his - depart ure,•it had been return ed to hint open. That he had refused to receive it, except before the Director of the Police of the town vwhere he resided (Hamborgh), in order that it should he ascertained that it had been given to him open. fie urged at the same time that be was not a conspirator, but had only been endea vouring to procure a mitigation of the sufferings of the unfortunate Napoleon. He concluded by requestiug that he might be allowed to re torts to London, in order to collect the little property which he had left.. On the 12th o f January Sir Benjaruiti Hobhouse had written an other letter to Gen. Goorgand, by the directionei of Lord Sidmouth, referring him to his former letter, and stating that as tile General had not mentioned what objects had been lett, it had been iinpo. , ,sible to semi them; but that an inquiry had been made with respect to the portfolio having been delivered open, the result of which had shown that the allegation was entirely destitute of foundation. To this General Gouegand answered, that he bad four trunks in town, only one of which had been scot to him at Harwich, and mentioned several other articles. With respect to the port folio being delivered open, he enclosed a certifn care from the Director of the Police at Ham burgh, authenticating the fact (which the Hon. Member read to the House.) The prayer of the General's petition was, that he might be allowed to come to England to institute a legal - action against those who had wronged him. He did not. presume to call' into question The right 'of the Go vernment to send a foreigner out of the country, but he presumed to arraign those who had violat ed one of the provisions of the Alien Bill, who had seized and confiscated, his property, anti in dieted upon him insults, from which his station and rank in life ought to have protected him.— He trusted that the House, either from sympathy • J for that unfortunate individual, or front a wish to afford his Majesty's Ministers an opportunity of cleariru themselves, would give the case its most deliberate attention. L then move d that the pe- tition he brought up. T6e petition having been brought itp and read, Mr. Lamt3Tori moved that it do lie ou tl►e table. Mr. H. CLIVE felt that, from the situation he held, and the complaints preferred against the office to which he belonged, he should be want. ing in his duty if he did not protect, as far as he n,./« able, the individuals who bad been employed in the arrest of Geoeral Goura'aud. Ibat dual's conduct whit) he first came to this country had given•reason to suppose that be was very dif ferent from what he had turned out to be. Ile had a: - last given cause to the Government to or- der that he should be removed, and a warrant to tha► effect had been - issued on the 14th of No- vemh2r. He (Mr, Clive) potested that no un necessary severity was intended by any indivi dual, lind if he had submitted, as there was rea son to expect be kvanlil, there would hare been no cause for the present complaint. General Gourgand cotitplained of having I:ften struck with bl u d g e on s, but the men employed had noue.— They had spoken to him in a civil language, and he ha , l answered then► uncivilly. They bad given him time to rise, wit he had tttenipted, by mere strength, to prevent them from electing•his re moval. They had resisted as much as possible without doing him any injury, and in fact they ba►tl suffered most. The General asserted that he had ;Trilled to he taken before the• Privy Council, but that was riot correct. The officers employed seized a pair of pistols in a drawer, which he had pointed out to one of the messengers, but that was subsequently to the seizure of those that lay loaded on his table. lie had then snatched up a daLtger, and endeavoured to stab one of the men, but it had been wrenched from him. He had also artempted to prevent the door being shut, but being atlast placed in the carriage, had, in the first instance, been driven to Mr. Capper's house at Vauxhall, in order that the peace of the town near Brunswick-square mig!►t not be dis turbed. Mr. Capper wished him 'to send for clothes, but he had refused, and had therefore gone will) those which he hed on. He (Mr. Clive) had looked into the Alien Act 4 anti written to the Agent at Harwich, to direct that all its provisions sbotild be carefully attended to. Another reason for removing him to Vaux hall was, that he had broken his window, and cut his hand, and was exciting the compassion of a considerable crowd which bad assembled by his cries of murder., Considering that be had been so ill treated (according to his own account), it was astonishing that so much time had passed without any inquiry being proposed into the sub ject. Paragraphs had long since appeared in the papers, announcing the General's intention of ap .pealing to Parliament, but it was only after two months of the Session were passed that an appli cation had at last been made. When taken before a Magistrate, General Gourgaud contended that he could not be taken out of the country, as the warrant was contrary to the permission which he had received to reside in it. When at Harwich he had written to a person in town about his effects. He had remained five days at Harwich, and any of his friends might have come down to see hint if they had pleased. His portfolio and some loose papers had been sent from Lord Sidmouth's Office, and for greater security entrusted to the Agent at Harwich, who gave them to the Captain of one of the packets. A letter had been written to the British Agent at Cuxhaven, to know whether the portfolio and papers had been properly delivered, and his answer stated the affirmative, and. that the portfolio was sealed with four seals. He was aware of the certificate signed by the Director of the Police at Hamburgh ;especting the portfolio being open at the time of its delivery. But the certifi cate said, tk at though the lock was open there were two seals on the portfolio. If Geri. Gour gaud had not taken any opportunity of opening it previous to receiving it before the Director of the Police, th e r e would have been fottr seals instead of two. After some -farther obser vat ho t s, whi c h coeld not be ditinetly heard in' the Gallery, the Hots. Getoleman deciioed going more at large into the case. as a lt' ore opportunity would offer for hi ilia, ioa it helot e the House. Sir 11..• WILSON thought the petition presented by his Hon Fiend entitled to the most aerions consideration of the House, as this' was one of those cases to which that House al6ne was corn'. petent to supply a remedy ; for, though several acts bad been comMitted which might, tinder other circumstances, have been' punished by an Appeal to the ordinary tribunals of the country; the petitioner was restrained from seeking in this way redress for the injurits he had received by that law, which, in his opinion, had been very improperly made. The situation of the petitioner was one peculiarly calculated to merest the most generous feelings. He was a stranger, helpless, and unfortunate. Yet lie had not been so , till lately. . He had formerly enjoyed a successful career, and had been rewarded-with the most flai tering honours his Sovereign could bestow, and he now owed his ruin to that fidelity which had, made him the voluntary sharer of the fortunes of his fallen benefaCtor. It was this fidelity that had marked him out as the victim of a relentless coa lition. He would not ask under what circum stances.. General Gourgand bad incurred the dis pleasure of those whose favour be had previously enjoyed in this country. The petitioner had ad verted to one cause, but be hoped it was not the true one. Indeed, he could not think it possible, that because General Gotargaud had vindicated the valour of his countrymen, he had been thought to merit, the treatment hue had received. He would not believe that it had been determined to meet his publication with the ignoble weapons of the office - of the Secretary of State, because in that work the General had laboured to prove that his countrymen did not ingloriously relinquish their swords. He (Sir Robert Wilson), from the know ledge lie had of General Gourgaud, dared to pledge his life that he had not been engaged in a clandestine correspondence with any party out of Europe, and farther, that he had been engaged in no correspondence in Europe that could at all endanger the peace of this cotta try. He (Sir Robert Wilson) had the ho nour to be' acquainted with Gen. Gonrgand, and knew some of his connexions, and as he had had the delicacy not to mention him (Sir R. W.) in the petition, he felt it his duty to state certain facts connected with this case that had come to his knowledge. Some days after the publiCation of this work, be (Sir R. Wilson) had met the Ge neral, when the latter said he had some reason to apprehend that be should very shortly be removed under the Alien Act. He (Sir It. Wilson) ridi. culed his fears, but told him in that case it would be proper to appeal to the Privy Council, and on being examined at the Office of the Sccre- tary of State, if nothing but his publica tion appeared against him, he was sure the war. rant for his apprehension would be immediately cancelled. He stated this to show, that in case of his being arrested, the General was apprised o what he ought to do, and "this furnished a pre. gumption (hat when arrested it had not been wha! the Hon. Gentleman had described it to be. A few days after, the General, on meeting him, had asked if he (Sir IL Wilson) knew a Dr. May ? He replied that he did not: The General said, person so called had been with him, and had treat- ed him with such peculiar attention and kindnes,, that he licit anxious to make him some return 1 - Ic, however, gave such a description of this person, that he (Sir It. Wilson) siispected him, and told General Gonrgand that he believed this Dr. May to be Mr.'Oliver, or one of his brothers. Shortly after the person respecting whom he thus expressed himself, he was informed, had called on the General and obtained from 41. to 51. lie re- proved General Gourgaud for letting him have the money, but congratulated him on finding that this Dr. May had proved to be a swindler in- stead <lf a apy. These circumstances he begged the Home to bear in their recollection. On the day of General Gourgaud's arrest; a distin guished Foreigner, Count Forbin Janson, call- ed on bin' . (Sir R. Wilson). This Nobleman had only knOwn General Gourgatid as a brave officer, and bad only sought access to him to assist him in a moment of trouble. From Count Forbin he'learnt the particulars of the General's arrest, but when he first heard the'stliternent, be could not believe that a person of General Gour. gaud's character could, by possibility, have been treated. with so much indecency, and so much in. turnanity. He, however, went to the house of he General to learn the particulars. There be bew two tervauts belonging to the house, but not the General. These stated, that on the prece ll ; ing day a Gentleman had called, and asked if e General Gourgaud. The reply was, " that „ ~.% was out, and was not expected home till late• Upon this the Gentleman went away, leaving 0/1. 1 that the General might expect Dr. May the nel s Mornieg. Now he would ask the House if I b i Dr. May, who had been proved a swindler , 01 . 11 not likely to be a lso on e of th o s e dark ass° B9 . l lo 1 who go about to betra the unwary into gl l t: which but for th e m the y y would never perpetra.lb; and failing to a cco m pli s h t hi s o bj e ct, they , blackening the ch aracter o f t h e individual , e ; posed hint to all the pains and penalties of li A j l guilt horn which his honourable end reco ile . On the morning whi c h f o ll owe d t h e day on whi ; c e this message w a s l e f t , th e . officers came to.se.to General Gourgatud. One pet-son first enteve d ' 9 o asked for the General. He was told that h e - hs then in bed. Upon this• he beckoned from ottit parlour, and 6 or 7 men immediately jtitliP e ,beel of the coach and rushed Tutu the house• p p proceeded to hi s bed-room. One of the servo g tallowed, and saw them pull the bed clothes ate the General. H e wAs' then hurried into th e r Li ffis . , lour ; the servant followed, and implored t be : k ei cers to have mercy oil th e i r pr i soner . B e t a se permission to make so me arr ang ements w i " -, 00 speet to his prop ert y, h ut t hi s was refuse"; bed then desired to be allowed to go back to ins n ot , MOM to put on his doilies. This be " 5 00 but i theyhe r ffi( e a t TI C i s i e i ( l fo li r i s C u l e d i t i in allowedti tile p a t r o l o d u os' r.he d call them), before h e got into the co sich : ce res t. down his arm tsith such viol ence as toea''-- lovepaiu, and the General was described t° , p l ea turned "as pal: as death." One of t h e l; „ ono then struck his " po or naked heats" wit h ; 2 )- 04 1 with great violence, and after that the f'e trOc i ‘' was carried ihrongh the passage, his hear ! ' X ll against the dour, so t h at i t was h ea rd bY 8 1 ,00' the house, an d f urre d i nto th e coach, '° ( o pt tsi c ic l, l i u s l e uis th l e eg th u. ) 7 , s jammed by a premature aft to r of the vehicle. Tills •wa fc ost, substance what the s ervants h a d s t a ted, °l( i .i j e d f t) of the fac's other witnesses could be lev ee, prove. He did n o t mean to say that this vt°' had been intended by the S ecre tasy ot S i ta „ te u ' on" the Under Secretary o f St a t e ;. but this 11- the planted of, that these things had occurred, art : i t he offenders had not been punished. ne b l ' u ni ne o niog Home Department, because instead of s ai- s ;gals the General to appear before them in deeen is (for they had hired six or seven infamous fi a l l t h e w.. such, in his opinion, they had provf i f d be et selves), to seize him in the way w hiCil 10 4 1 described. He had then appealed, as aLted• --. right to do, butt the .appeal Had been rss - nce to Time was in his opinion sufficient evt d b e en warrant . a presumption that the Gene ral 1. which most unjustly and most improperly tfel lte ` le w hich respect to his property, that had been " d t efie d duo positively amounted to stealing, and b e der w hich Gentleman opposite to show any !aw e .", if hit what had taken place could be portmanteau had been seized and broken (1 1 1) o f e Lord Sidmouth, his Lordship had been g ulit Y i high misdemeanour ; if it had been °Pell et I S Mr. Capper, he. was gUilty of felony. g r by i ef his property been seized at all ; or it seized, ' r ot was it liCt restored to the General at thirWidi Cuxhaven ? Ministers dared not to say that LI ! justincn. en bi portmanteau had not been opened, And its drat, tents.examioed. His pistols, too, had been t o 1;0 ' from him. Why were not these restored t O hi jo , at Mr. Capper's, at Harwich, or Cuxhaven ? 00 , pistols, he believed, bore the arms of Nal)weliA and these insignia being found on them, we re su 'is... supposed, in the estimation of the polic e,• cient to warrant their confiscation. fi e tro a ll io. ' objected to the system of police acted 700,.. this instance, which went to assi mil3t o on" Police to that which ex i s ted in otbeirnoe- c sts tries, to the disgraceiof th e a ge. Fi e ' 1- i d t akts co n inquiry into the me r it s o f t he case "'n e e it, place, and he would u nd er t a ke to and to prove the fact s h e h a d sta ted 0 7 t i l l ie t e ll, e 7tl s e; Lord CASTLEREAH thought the If` L- c e s hoal"' Mari had gone further into the case than f 1 It ; oe•-', have thought it necess ar y t o go on the P res s:r od' : casion ; he did not intend to go ioto 13.0 r before ed details on the subject, as the' tyntil,„,ild lio the House was merely tha t th e Petition 5 " - ven ient, on the table, and as a futur e a nd til°re coo opportunity for discussing the would arrive. He would, however, °" .e l ' ens iolo observations to prevent that llllsOppreo lac", ' IO which might otherwise arise. In the fi rst P o i tO he would caution the Hon. Gentlem an 1 a,lic he r listen too readily to all the statemen"', e s en era hear from persons in the situation or - biro' Goirrgand, awl not to be so prone to pledg e self for the propriety of the con d uc t of on e ii i t eds whom, he had so recently become ae ( 1 1 , 1 , 1 the as he sopposed him to' have been vtrielpsin"' present Petitioner; Nothing could be ffi °l. s i o st ful to any generous mind th a n to speak a s g r ut i ° man in General Gourgaud's defend,' rocs when be was absent and incapable ° re atoPl . ing himself ; but he most sa y there `v history reasons (besides those furnished by ltr9. , s sfeli the battle of Waterloo, which he .111 `!" t big fa' leave to speak for itself) for honeying tu a drote l _ ; .f , culty for representing transactions it,„-cssot.— had never been, in a ny instance, surr a Geo tle' He would agree with the Honourabl e . ion ; iI man' that the facts stated in the Peril vs e e ble proved, would constitute a most repfeb et ie o f outrage ; but if the* Hi sto sy of life Aeti H ose - Waterloo bad . been less inaccurate , .. tb e, e .,semen‘ would not have regarded the present s of General Gourg a ud as very proba bl ' rat, Gene Capper, when he went/to arrest t h e not carried with him written ituarroctions% t e 10 0 ° only to treat him with humanity, his appeal to the Privy Council. -CatrY il b ) tbility him such instructions, there was no. P", that Mr. Capper (who was a hotuane t oaol_ b '' d by have committed an outrage like that defer' _ tad the petitioner. The General bad been re l "" rfi c cers as being so perfectly submissive to the ° cer, that he even pointed out to him a d"`, )e eigit which his pistols were, to prove he had n°' cos . but to with to commit any violence. Now if he (hola 6 be tlereagh) were rightly informed, the eo9'.7_,„er, took was 'such that 'the officers were in, nr cit g• nt , for the moment they showed him 'their tvai to , thet ( fi n: y t a a i t i • s n w i s e t r h e h y e t ogoakv gave tu t t i o v4f t n h m by vvi s tl e l iz t thoes„,,