The Express.
London, England, 1863-07-14 00:00:00

BRUNSWICK.

PARIS, SUNDAY EVIRINI.
The extraordinary action against the Duke of
Brunswick (a one-aided report of which, abridged
from the statements of his own counsel, M. Alton,
I sent some time ago) has been brought on for
further argument. It will be remembered that the
action was one for an alimentary pension brought
by Madame de Civry, au illegitimate daughter of
the Duke, by an English woman, calling herself
"Lady Colville." The abort answer to the claim,
made by the Duke in the form of a demurrer, was
that he bad never recognised the plaintiff as his
child, and, consequently, that in the eye of the
French law (which, unlike the English, gives a
bastard, when recognised, certain modified filial
righta)she was to him an utter stranger. By way of
justifying, or at least explaining the disavowal
of the Duke M. Alloy alleged that the
title of " Lady Colville" was an impudent
assumption by the person pretending to bear
it ; that her real name was Miss Munden ;
that the Duke met her in the saloon of a theatre,
where she had already "gone through more than
one campaign" ; that she, nothing loth, and with
her eyes open, accepted the position of his mistress,
and came abroad with him in that character ; that
she was now married and living in California ; and
that although the Duke had from feelings of com-
passion provided funds for the education of the
pretended Lady Colville's daughter, he had never
taken any personal interest in her, and had in fact
never so much as seen her except at the moment of
I her birth.

-.,. —.
It will be seen from the subjoined extracts from
the speech of M. Marie, counsel for Madame
de Civry, that he gives a very different complexion
to the case.

M. Marie said that his client, the Countess de Cnry, nee
Elisabeth Wilhelmins de Brunswick, Countess de Calms;
claimed an alimentary pension from her father, the Duke
of Brunswick. It was oily after long and respectful soli-
citations, after years of severe trials and distress, that
Madame de Civry resigned herself to authorise this action.
She was bora in the splendour of • sovereign court, and had
known its luxury and its grandeur. But had she been
alone in the world she would have continued to endure the
cruel and undeserved desertion of her father with silence
and resignation. Her duties to hereightobildren and to her
husband, the Count de Civry, who bore • great name. but
had not inherited the fortune of his ancestors, furnished
an excuse ; for, notwithstanding her wrongs, her unceasing
love and respect for her father made her feel the need of as
excuse for there painful proceedings.
M. Marie then stated that " Lady Colville,"
when she made the acquaintance of the Duke of
Brunswick, in 1825, was only 17, an age at which
she could not have made many " campaigns." She
' was a young lady moving in good society in London,
had received a brilliant education, and was the
grand-daughter of Admiral Colville and niece of
the Countess Piper. I may here observe in passing
that although M. Marie seemed to take it for
granted that this section of a pedigree triumphantly
made out the right of his clients mother to the
title of " Lady Colville," any one acquainted with
English society must see at once that such is not
the case. The learned counsel here proceeded per I
außurn further to show the high respectability of
" Lady Colville," by stating that when she went
abroad with the Duke of Brunswick a young lad 7
was recommended to her as a companion by his
Royal Highness the Duke of Busse:. He then read
the following interesting affidavit from the lady in
question :
I, the undersigned Pbcebe Matthews, spinster, aged 51,
neer living with my mother, Mrs. Matthews, at Turnham-
grew, Guanenbury-plees, near Chiswick, is the county of
Middlesex, do solemnly and sincerely declare that in the
year 1825 his Royal Highness the Sovereign Duke of Bruns-
wick Charles 11., being then reigning, having come on •
visit to the court of George IV., asked his (the Duke's)
nook, the Duke of Suisse (a prince ot the repsi house of
Brunswick, and uncle to her present Majesty Queen Vic-
toria) to recommend him • confidential person to accom-
pany lady Colville to Brunswick. [Here the witness inter-
lines the following reservation :—"I cannot swear to this
first paragraph, having been no party to the engagement. 1
Lady Colville was a young perste of very goorVainily, whom
his royal highness had met in society with her aunt, and
whom he desired to take to the court of Brussels, with •
view, as I believe. to marry her. My mother would cer-
tainly not have allowed ale to go with her bad she not been
eoevinoed that • secret marriage wee to take place. My
brother, in a conversation with the Duke of Brunswick, had
satisfied himself of that fact, and my mother, now present,
confirms it. The Duke of Sussex in the first instance
proposed to send Mn. Ahnemann, his son's tutor's wife,
but she being ill asked me to go in her stead.
I went, accompanied by my brother Andrew Mat-
thews, to the duke's hotel, and there it was agreed that
I should enter his service and follow his orders with
regard to lady Colville. I was told to bold myself io
reediest', and a few days afterwards, about the beginning
of November, 1825, I was put into a travelling carriage be-
longing to his royal highness, and on the road to Dover I
was joined by another carriage, in which were Lady Col-
ville and a young person is her service, named Miss Mary
Barton. I have no knowledge of the manner in which
Lady Colville lett the hones in which she was living with
her sister (since married to a Scotch gentleman named
Mac Lauchlin, and now, as I believe, living with her
husband and children at St. Petersburg), and under
the are of her aunt. Mrs. Colonel Piper, who
had charge of the two orphans after the death
of their parents. All that was arranged by the duke
sod carried into effect, according to his orders, by Captain
de Rause, now aide-de-clamp to the reigning Duke William.
Lady Colville, a young person scarcely eighteen, and who
appeared to me exessavely dutiapulc, got into my carriage
with Miss Barton. We went on to Dover, where we em-
barked, and oa November 13 we arrived in Paris with the
duke and his suite, who had overtaken us on the mad. His
royal highness installed Lady Colville, with myself and •
part of the suite, at the Hotel Montmorency, and went him-
self, with his aideede-camp, to the Hotel des Priam. But
he pared most of his time with my lady, and indeed kept
her in • sort of captivity, which partook at once of the vigi-
Lae of the father sod the jealous effection of the husband.
Prime William afterwards joined his brother in Paris,
and was the only person whom lady Colville saw besides
Duke Charles and his suite. Among the members of the
suite were Baron de Bulow, the duke's chamberlain (after-
wards minister of state, and now. I believe, grand marshal
of the court to Duke William), and the iinke's aide-de-camp,
Colonel &Beam now, as I believe, one of Duke William's
chamberlains and his minister at war. I
lady, ad accompanied her in all her rides on horseback.
The duke made me • present on this occasion of a riding-
habit, which he ordered from the Duchess de
Beni's tailor, and which I have kept to this day.
After staying four months in Paris we left, on March 19, for
Brunswick, and the duke, who left us for a little while to
pay • visit to his grandmother. the Duchess of Bales, sent
Baron d'Oyenhausen, his grand ecuyer, with an escort of
honour, to receive Lady Colville at the Brunswick frontier,
where we arrived on March 31, 1826. He installed Lady
Colville in the Chateau of Wendesseo, where be paid her
frequent visite. Lady Colville's household was on a very
greed aide. His Excelleacy Baron de Ginewald, aide-de-
, camp to Duke Charles (now grand 'cuter to
the reigning Duke William), was charged with
the management of the general service ; Barcena de
Ginewald was Lady Oolville'sdansc de eonipagnie. and Dr.
Packets, the chief court physic:ten, was wiped se. her
private medial attendant. On July 5, 18'6, lady Colville
was confined of a daughter. who was proclaimed throughout
the duchy as the child of the reigning duke, and Duke
Charles publicly sod solemnly recognised her as the heiress
of his royal blood. I was present at the birth of the
together with Dr. Pockets and other persons of the suite.
The duke was at that time confined to the Brunswick
Palace by a hurt in the leg occasioned by a
fall from hie horse, and the news of this ac-
cideet, from the fright it gave to Lady Colville,
brought on a premature confinement. As soon as the
duke heard of the birth he earnest once to Wendessen, in
spite of his pain, to ea his first-born. The baptism was
postponed to await the Duke's recovery. It was ultimately
performed with great pomp. The greed chaplain of the
court, the Rev. Dr. de Weetphalern, officiated en the occa-
sion, and is honour of the event was named to the rank of
a bishop. The golden hssae which for may centuries has
been used as a font for the baptism of princes and princesses
of the house of Brunswick, and on which their names are
all engraved, was borne in solemn procession. and the child
was baptized by the sew bishop, the Bann d'Oyeithausen,
grand ecuyer. representing his highness as the father, and
Berea de Girsewald representing Primo William, then
at Berlin, as godfather. Besides the noble family names and
titles gtvse to the young primrose, and which were after-
wards confirmed by letters patent, the duke gave her
the Christian names of his grandmother, the Princess of
Baden, Elisabeth Wilhelmioa. I held the child during the
caraway. From the hour of her birth the child enjoyed
every binary and attention that a royal father could possibly
lavish upon it. The court tradesmen vied with each other

LTWOPENC

in producing the most costly objects that could be devised
for infantile use. d ministers carriage, ornamented with
the ducal arms, was turned oak by the court carriage
builder. and was shown as a reef d'oetvre. Venoms cements
to the young princess were humbly offered by her father's
devoted subjects. Prince William,
_both at Brunswick and
in Paris, inrariably treated Lady Colville with the utmost
respect and attention. He frequently rode out on horse-
beck with her and hie brother, sad always showed the
greatest affection to his niece.
M. Marie sought to ,deduce from the above aff:.
davit and other circunuitances the argument that
there must have been a promise of marriage, under
which " Lady Colville " left Ragland, and from
various letters, which be read, he argued the pro-
Lability that a legal recognition of the plaintiff
as the duke's child must have been among the
archives of the house of Brunswick which were
burnt when Duke Charles was deposed. Ho in-
sisted upon the reception of secondary evidence
that this recognition must Lave been made, and
argued that at all events tin child had acquired a
statue by repute, which was sufficient to support an
action for an alimentary pension. To show that
the Duke of Brunswick had, long after the plaintiff's
birth, taken a deep personal interest in her, and
openly recognised her as his child, he read the
following affidavit from a lady who, he 18911, kept
a fashionable school at Rotting-hill :

I, the undersigned Elizabeth le Blanc, widow of Colonel
Henry le Blanc, formerly major of the Boyal Chelsea Hos-
pital, do solemnly and sincerely declare that befog" my
marriage, and when I was Miss Elizabeth Shepherd, I and
my sisters kept a girls' school at Notting.hill.beues, Ken.
'baton ; that in the autumn of 1830 rend I think is the
month of November), the Duke of Brunswick, usecopeaied
by his secretary or chamberlain, Bane Amdlau, cane very
late one evening, and asked to see my eariblialuseat with
the view of placing in it his daughter, the Coanteade Col-
mar (Elizabeth Wilhelmina de Brunswick). His highness
did not oar that evening mention to me his real title. He
presented himself as the Count de--I cannot sow
remember the name, but he wrote it on • slip of paper,
and his chamberlain, Baron Audis% told ate subsequstly
that the name was • fair ors, which he was in the habit
of using when he travelled, A few days later he made as
arrangement with me, and then he took his name, style, and
title of Charles Duke of Brunswick. Baron Audios *De-
ducted the negotiations between um, and it was decided that
we would receive the young Countess of Colmar. Shortly
after this she was brought to our eslahliahreent by Captain
Allurd, an °curer, or chamberlain, to his highnces. She
was then four years old, and had up to that time
been under the care of Mire Phoebe Matthews.
His serene bighorn' desired that the utmost are
should be taken of his daughter's education, and he
recommended us to allow her every anneement 01a1POtf•
tole with her age. He gees positive order' that she walkover
to see her mother, Lady Colvdle, and that the latter wag to
have no voice in the conduct of her education. He did, how-
ever, afterward., at the repeated request of Lady Oolvals,
allow her to see the child two or three times, but always
under the express condition that the interview was, to take
place in our presence. Miss Phoebe Matthews was
permitted to visit the young Countess. She also escaved
trauma visits from Captain Allard and Baron Atidlea, who
often brought her magnificent preesuts of jewels,
he., from the duke her father. On one occasion
Baron Andlas brought her a gold seal with
a coronet and the Colmar arms engraved upon it, end told
her always to use it when she wrote to her father. Pur-
suant to orders from the duke, we took the Countess do
Colmar every year to the sea side. She had the beet
master' that could be got. M. Buick's, chapel-muter to
the King of Hanover, gave her beaus on the pianoforte.
She learned dancing from Madame Bourdin, then dancing
mistress to the Princess Victoria and now to the royal
children. The duke ordered Mr. Patten, the celebrated
miniature painter, to make a portrait of the child for him to
carry about with biro when he travelled. His serene highness
constantly manifested the utmost affection far kis &tighter,
gave her a thousand proofs of his tenderness, and re=
made the half yearly payments for her schooling
Baron Audlau. The amount for her ordinary schooling
during the five yeas' she stayed with us was 3401. • year,
and there were extras amounting frequently to as much as
601. a quarter. All the plate and linen furnished for the
Countered" Colmar's use was marked with the royal anus
of Brunswick. I moat add that both upon principle and
from oar regard to our salami as schoolmistresses, neither
my mother (who thee lived with us), nor my sisters, would
have received the Counter de Darner la ear establishment
had we not been persuaded that she bad been fully and
publicly recogn.sed as the legitimate daughter of the Duke
of Brunswick. . . . . .

M. Marie proceeded to show that the duke, who
it was pretended by the other side had never seen
his daughter, frequently wrote affectionate letters
to her, and he said that so far front her marriage
with the Count de Civry being the cause of her
father's displeasure, he 'bad abandoned her years
before on account of her becoming a Roman
catholic. After having received a first-rate edu-
cation in England, she was sent to Nancy to com-
plete her studies under French tuition. There she
beard the famous Father Laoordair preach. She
was fascinated by him, and by him she was con-
verted to the Roman catholic religion. That act of
conscience, and that alone, was the cause of the
rupture. On that ground she was abardoned by
her father, and when perfectly friendless and deso-
late she was received by the Civt' family. M.
Marie said there was no evidence of Lady Colville
being married and iu California, and be rather
thought she was dead. M. Marie concluded his
address with the following peroration :
Ido sot desire to remind the Duke of Brunswick of his
political misfortunes—l will not make the loss of his
throne an argument against him. Adversity is a second
majesty. But! do remind him of the rights of his daughter,
which he has too long cooteinoed. Ido appeal to him to
submit to the award of Freucb justice. I call upon him to
respect that moral, civil, and religious law which is binding
alike upon princes and private individuals. I ask him not
to insist upon an exeepteue which morality cooderans, even
although it should be held valid by the strict rules of
written law. I beseech him to consult his conscience, as a
man, • prince, and • father. It is unworthy of one who
has worn &crown to oppose a demurrer to a thrice sacred
demand such as this. I appeal from the language of hie
advocate today to that which fell from his own august
lips 10 years ego, when he said to the first schoolmistresses in
England, " So educate my child that she may be the honour
sad emaciation of my old age." Amply, indeed, has that ge-
nerous wish been niali•ed —not only by those noble untrue-
tresses who performed their tusk with such signal success,
bet also, and above all, by the young lady barren, who has
shows herself a worthy heiressof the IMMO and the blood
of Brunswick, and is greater in her adversity than many
queens upon their thrones. Abandoned by you for an net
dictated by conscience, and then-fore liououralde to her, she
has nevertheless for twenty )earl preserved for you an un-
changeable affection. Fur twenty years she has supported
without a murmur the burden of din adversity and bitter
hrsecutioo. Thrown poodles* upon the world, she so bore
erself as to ceommausi equal respect for her poverty as for
• diadem. W bile a maiden her virtues were
her guard of hononr. As • mother of • fa-
mily, surrounded by the eight cradles of her
children, the enjoyed the esteem of all who knew her.
Patient and resigned even to heroism, she has twenty
times over knocked at the door of your heart, but always
eh- tainiug with exquisite delicacy from importuning you
with details of her misery. It is through other voices than
hers that the story of her distress has reached your ears.
Yea, for twenty )ear the mom touching, the most eloquent,
the most exalted, the nowt veoemble voices, have assailed
your heart in vain on behalf of your daughter ; and while
depicting her sorrows, they never failed to speak to you
also of bee virtue,. At., prince. it is time thee the hour of
reconciliation should wound. Twenty years' forgetfulness
and neglect is enough end too long. Duke of Bnine-
wick, you invoke your privilege as a sovereign.
Let it be so. Let the sovereign prone:moos.
Let him isy whether it is worthy of him
to take refuge in a legal exception, and after bailee foe
twenty years closed his heart against a daughter's prayer,
sew to Mop his ear to the mill of justice. Gentleniee, I
have dose. It would he painful to me to go further ; but in
concluding, let me add our argument of another nature to
the many moral consideration. winch crowd upon my mind.
i Let me say to this sovereign, who saved such a splendid
I wreck from the rains of his crows. " Think of your royal
opulence, and at least throw a mite to the child of whose
life you are the author."

The Imperial advocate Benoit pronounced it
as his opinion that the court was competent to
entertain the action—in other words, that the
demurrer should be disallowed. The court reserved
its judgment till July 15th.

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LONDON, TUESDAY, JULY 14.

Tat member for the important shipping
borough of Sunderland is no vain political
enthusiast or malcontent, scorning an Emrssos
to-day and hanging on that EMPEROR'S lips to-
morrow. Mr. LINDSAY represents in Parliament
great interests, and it is very convenient when
your country's interests are your own. Now it
appears that for years past Mr. LINDSAY has been
in the habit of " labouring in Paris" on important
questions affecting the maritime relations of France
and England, and has received no acknowledgment
for his services from Government on this side of the
water beyond a bare compliment to his eager useful-
ness, and a latter of introduction to the British Am-
bassador in Paris. He has been repeatedly engaged
in conversation with the Emperor of the FRENCH, of
so intimate and confidential a character that he
begs her MaJarsrv's Government and the House of
Commons not to press him to say more upon that
subject. After helping his Imperial MAJESTY to
reconstruct the maritime code of France, it was na•
tural enough that so disinterested an adviser should
have the entree at all times and seasons at the
Tuileries, at Compiegne, and at Fontainebleau, not
to speak of Vichy and Biarritz. How was an
irregular ambition of this sort, astride upon two
countries, to be restricted to questions of trade
and commerce, and the readjustment of a French
maritime code I It is something to indulge in
dressing-gown and slippery chats with an Ewa-
ZOR ; something to " have occasion to dine "—a
very apt phrase—with Lord Cow-Lay. But to super-
sede the British Ambassador and the Foreign-
office altogether, and to suppress the British Par-
liament, was an undertaking far more worthy of
the bold resource of a man who fetches and car-
ries for an EMPEROR. So when Mr. ROEBUCK (a
comparatively inexperienced dabbler in Emperors)
had put a motion on the paper for the recognition
of the Confederate States, a rumour somehow or
other came to the ears of the ingenuous Mr.
LINDSAY that the Emperor of the FRENCH had
changed his mind, in a Confederate sense. Oddly
enough the same rumour reached Mr. RozkrcK
at the same moment ; and the Member for Shef-
field, instead of waiting to confer with the Mem-
ber for Sunderland in the House, dropped him a
note, asking whether he had heard the rumour, and
whether he could ascertain its credibility, and pro-
posing to go and see the EMPEROR himself. Mr.
LINDSAY sent Mr. ROEBUCK'S note to " • friend in
" Paris," not thinking it would reach his MA-
JESTY% hands. But the "friend in Paris" was so
well selected that the note did reach his MAJESTY,
Mad his MAJESTY sent to say that he should be
glad to see Messrs. ROEBUCK and LINDSAY if they
were coming to France. Mr. LINDSAY, whose
delicacy is quite remarkable, was unwilling to
intrude upon his MAJESTY j but Mr. Rozet:ca,
whose delicacy is combined with pertinacity, felt,
that the House would believe him better than his
" friend in Paris." It was to satisfy Mr.
ROEBUCK that Mr. LINDSAY consented at great '
personal inconvenience to cross the Channel and
to penetrate to Fontainebleau. Thither they came, I
saw and conquered the EMPEROR; and the Mem-1
ber for Sheffield heroically pinned his Ma-
mere to the declaration, that he would be only
too happy to join the British Government in the
recognition of the Southern States, if the House
Of Commons would petition the Crown to that
effect. Such is Mr. LINDSAY'S version of the in-
terview, which does not differ materially from the
cautious confessions of the Moniteur. As to any
reproaches that fell from the EMPEROR'S lips against
the double dealing of the British Government, the
Moniteur has denied them, and Baron Gaoe knows
nothing of them. Mr. LINDSAY, however, hinted
last evening, in words of awful obscurity, that the
EMPEROR had on one occasion &yen him liberty to
make certain statements in Parliament, which he had
hitherto forborne from making, lest the harmony
between the two Governments should be dis-
turbed. These statements formed part of a con-
versation on American affairs between Mr. LIND-
SAY and the EMPEROR on the 11th of April, 1862,
and they were listened to by Mr. LINDSAY as an
English subject "with great pain." It is character-
istic of his MAJESTY'S frankness, however, that he
begged Mr. LINDSAY to communicate his remarks
to Lord Cowurr, and to bring back Lord Cowtay's
observations in return. Mr. LINDSAY takes great
credit to himself for carrying the Earzitoa'a words
to Lord COWLEY, and fetching not a syllable back

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The Prier* and Princess of Wales, attended by the Mar.
chionen of Carmarthen and Captain Grey, arrived at Marl-
borough-hoe's about 12 o'clock yesterday morning from
Frogmore. Their royal highnesses afterwards proceeded
to Wimbledon, attended by the Marchioness of Carmar-
then, Lieut.-General and Captain Grey, and were
present at the ride shooting of the National Ride Asso-
ciation.
The Prince end Princess of Wales visited the Ducheas of
Cambridge, yesterday, et her residence in St. James's
Palace.
The Prince and Princess of Wales, attended by the
Marchioness of Carmarthen end Captain Grey, honoured
the performance et the Princess's Theatre with their pre-
sence but evening.
The Bishop of Mauritius had an interview with the Duke
of Newcastle yesterday. Mr. F. Gore had also an inter-
view with his grace at the Colosiel.ofßos.