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London, England, 1819-04-03 00:00:00

inguwast, but Mr. Capper almost immediately
snatched it from his hand, and prevented him from
more than one seal to the parcel. Two of
the party then took hint by the throat, while
seized his limbs, and, notwithstanding his resist-
ance, and repeated cries of 44 murder !" (a fate
he might well anticipate from the ferocioas con-
duct 'of Shase 'inen) they carried him to a coach
which Was waiting in the street. General Gour-
gaud struggled, and begged that he might be
taken before • Alagistrmr. Several persons
liad. now assembled, and Mr. Caliper informed
them that the General was • criminal, end that be
(Hr. C,)• would fire on them, if they interfered.
They then forced him into the carriage, and shot
the door with such violence. that they
...wady broke
bit !IT. General (lowland, entirely ealtausted,
fell cliiwn in the bottom of the carnage, the patty
jumped in, and the eoach'drove rapidly niorry. lie
(Hr. Latnbtots) stated these facts thus cirettnistan.-
tiallls becalm they involved the mein points of
the charge—the retinal to take General Overwind
belay the Privy Council, the seizure of his papers,
mid the gross and creel 'conduct which was ester-
cired towards • foreigner and a stranger, whose
rank in society should have commanded different
treatment. To chew That his application to be
carried before the • Privy 'Council was refused. he
begged leave to rend the affidavit of General
Gawped, who, it appeared, some time before Ins
west. applied to a friend in this city, to whom lie
shard Ins apprehension of being sent not of the
country, and requested to know how hr should no,
if ins. (e.rrs were verified. That friind, iu Homer
to his opplicatino, pointed out to him the clause in
the Alien Art, antlioniMig an appeal to the Privy
Council. The 'Admit was made at Hambitrgli,
and was as fillow• :--
" I make oath h:forc God, and declare on my 'honour,
flint when 31r Capper, on the 14th of November, ISIS,
t.lis.wr,l me the w want of Lord Badmouth, I demanded to
be ~ken hrfore ill: Privy Council, as the Alien Act gave
inr a ri.6t to de—!nil 1 declared to the persons then re-
l.. it, that, by a refi:sal to di) this, they violated dm Alien
Art. I also Mimi: of 111 r. Capper to take me before Loot
Bolonouth, ore Magistrate—and he failing to eomply with
my rigors!, I protested against this violation of the public
Ise. Believing that the Act would be put in force against
ere, I prrveamly wrote to &fermi persons who were con-
versant with the F.nglish law, all of whom informed me that
1 could not he sent riot of the t multi y a ithvut being !monist
before the Privy Council

GOURGAUD."

less not answered i, I can only eaterlude Ilene the Ired letter,
like the that, has rot reached I . 1 have to acknowledge
the receipt of a letter from Mr. lirlehunce, and dear my
prt-fuleo, my linen, and a bundle of busiewardetters, have
been returned. These loner but a small part of my
property, and I hare not hesn able to discover what
has become of the remainder. I must also observe, that
my pore-folio, wheels I locked, was octet over open—and
I would nut erereve it, except in the presence of the
Minister of Pollee ill this town, in eider that be might
wetness the fart that it was open when given to me. I wish
to chew y,... that lam not an emissary. I wrote to several
Soverrigns, be ameliorate the hit II:Ilion of the leeelreppy
rocs
Herm, to induce them to grant him wore relief. In all the
correspondence I have had with him, they spoke of him in
teems of compassion. How then ran they find that any
blame is imputable to me, a Frenchman. who lend attached
myself to leis fortunes fur many years, for doing all in my
power to assist him! I cannot! conceive any just reason for
the steps that have been taken against me. It in true
that reliant malicious persons have spread absurd reports
to my prejudice. I have also been maligned on account
of my pieldirleitez a work, in which I stated that Napoleon
wan the geearest of all modern Generals—wed that, if he
were conquered at %Vateeloo, it was ley fate and not by men.
1f lire. IM true, stirriy it was not improper to Cale it—if
false, it could be disproved by nricumeni. I again request
pessimism of your Lordship to return to London.
GOUSGAr a"
The following answer was given by Mr. Hub.
Monte, to this letter
:
" Whitehall, January 12, 1819.
" Sir—l am directed by Viscount Sideneneelo to aeknnw.
ledge tlw • ecrept of your letter of Ilse 7th insteit, in which
you eunsplaiu that pint of your property has nut been re.
burned, and that your pint. folio Los been broken open. In
reply I have to state, heat my letter of Ilse 24th of Novem•
her, in answer to yours of the 'nth, advised sou, that the
peel bfolies and your papers, al lel be placed in the hands
of Mr. Sutton, the Post-Office agent at Cuxhaven, for the
purpose or being transmilltel to you--and as you slid nut
• that any other articles but been taken from you,
no inquiry was male un the subject. Viscouut Sidenouth
has inquired into your statement, that the port-folio was
returned to you open, and he finds it meetly without foun-
dation."
General Guurgand, in coluuluence of this letter,
wrote the following to Lord Sidmotith :
" Ilaroborgle, February 6, 18111.
"My LORD have jolt received a letter from Kr.
Hobliouse, slated the 1211. of y, in which he writes,
in answer to my letter of the 7th of December, that Be no
mention was made, in my statement of the IStla of Nevem-
her,of any Reticles except lily papers and port-foffo, po fur-
ther ittepoiry had taken place. lit my (sat letter I complained
of the violation of the law of England in my case,and I en-
treated permiseirn to rehire' to LonJoa, to procure wit pro-
perty. An Mr. Dollhouse is silent on that point, I repeat
the regime, and be: your Lordship's answer with respect to
it. It is said that I mentioned only a parliestar poe-
tic), of my properly. But line could I make out •
perfect list of what I lost, till I knew what your
agents tudll stray, which I could only discover by examin-
ing my property? I repeat, that after they refused to take
me, when I was arrested, before the Privy Cutturil, I wished
to leave my property to the rare of aume friend, best this
was also denied. Ole the nest sgay, I wrote to a gentleman,
hut lie was not allowed to attend. I wished to pot every
thing in order—ilse object of your ageut• was disorder.
Why slid they Neer.t its as they had dune, hut fur the reer_
pose of taking away what they pleased? I liar, 1.4,
ninougse sober things, my pistols, a few cambric [milker-
chit serne silk muckinp, several selVer spaon,, an um.
lerella, et rare, eke. There were also lying me my table
notes for a fresh edition of the campaign 1814, which
were (-oriel away, and hare not been returned. Mr.
Holeltonse says your liorelabip Itad caused inquiry to be
nook a: Its my pose-folio being delivered open to me, and
ti-it your Lordship feuds the assertion lobe utterly destitute
of foundation I will pass by the indecency of the capers.
10 11% on.o.net sleanse.
it. The port-folio was given to me in this presence of else
Minister of Police of this city, mud I annex his statement of
the fact, which chews that I have advanced nothing bet the
truth. The attestation will 'hew tied I never touched the
port-folio till it was placed in Isis presence. lam not single.
lac in believing that it was opened purposely. Fur what
other motive, creep, that of examining it, could Mr. Cap-
per wish to prevent use from locking and sealing it, when
I wished to do an ? For what either tire was it kept, while
I was four days at Hewn h, and eleven days after I arrived
here? The seal on it indeed appeared perfect—hut persons
might be expert emus:rib in affixing seals, who would not be
quite** fortunate in shutting lucks.

The House (continued Mr. Lambton) would
fi..11, that the same ill tinge was uniformly prac-
tised toward. General Gonrgaud through the whole
el this proceeding. He entreated to be taken be.
fore a Magistrate, hut his resnonstreoce was le..'ll-
lady treated with contempt. He was conveyed to
Mr. Copper'e house, where that individual used
every merino iii his power to induce General
Guur-
-1 sort to permit him to take the remaining property
tram his loilringe. be fussing previously possessed
himself of n post-folio and various titters. This
permission General Gourgauil refused—oluierving,
that, if dr. Camper hod * right to act as he had
doer at first. the same right existed for his going a
second time to his lielgingv, and taking away what-
ever 1w pleased. lle staid but a short time et
Mr. Capper wt.- reseeded with 1. to
Harwich. where they arrived at eleven o'clnce:st
slight, Geoeral Gourgaed being in a fever, ee-
,tarinned by fatigue and anxiety of mind. Herr
he agnin desired to be taken before a Magistrate,
whirls %vivo:milted with. To this Magistrate lie
made vii appeal—hut he said he could not inter-
fere, anal rel. revel him to Mr. Capper as the repre-
sentative ef Lord &damask. On the evening of
the 16th of November Mr. Capper returned home,
nod off.-red to take any commission General Gun-
wind might wish to have executed. General
Cou.getsd wrote a letter tom friend, Count Forint,
Joreou, r• ruirsting brit to take care of his effects.
On the 'nth Mr. Capper returned with an Open
letter from the Count, stating that lie hod not been
suffered to read the letter addremed to hint by
General (;oargand. He then wrote a second letter
to the Count, which shared the fate of the first.
After some further eta). at Harwich, he was put on
hoard • packet, about to *fail for Cuxhaven, where
lie arrived, witliorit a Vaiwport, in conurquenee
of which lie woe ()bilged to go before the Go-
vernor, in order to *date, that he had been landed
by order of the firittah Government. lie now beg-
ged the fleeter to attend to a series of letters, which
he would be Obliged to read. in order further to ex-
plain the.circrintstatices of the case. The first was
addressed to Viscount &Amend), and W3S dated—
,' Harwich, Nur. 18, 1816.
" My L0re1......As 1 do not believe you •re in possesswii
of the goutluct of your Lordship's agents, wills respect
10 use. I beg leave to slate to you the manner in which they
irenird me, tin the 1411, of November, when they seized lily
pewee, level furribly carried me off. 1 hope, now that lam
nbout to embark for Cuxhaven, you will allow list property
token from me 10 be returned. bly papers were seised and
soy purl f.fio was taken at the very moment when I was at_
womanise to seat it up. 'to be sent out of the kingdom in
this manner, deprived of my property, your Lordship must
perceive is must unjust, 0041 therefore 1 dare appeal to you
for redress. 1 %tote a letter to Count Forbin Janson, which,
1 ruolerstand, be was not allowed to see. 1 declare 1 never
h... 1 the leaeet idea adorn any thing contrary to the law
of Eng! ord. 1 wall Mom., uudrobstd, and without arms.
when I wns 2d by eight or ten 'rigorous men. They
look sue by the itosont, and stew le me on the head with their
bludgeons. tryout Lordship still thinks that I should be
vent suit of the Lisidelunt. 1 have the honour to request, that
ne'y ler allowed to return to Losidua, iii order la claim
in) papers sod settle my uffaas.

" GOURGAUD."
This letter was received at the Iloa►e.office, and
the fuilown,g anoser was reeurntil:—

a Mikhail, Noviintik 24, 18151:

" S 4-1 am directed by Verseottot I:omonth to acknowledge
the serript of your letter ut the 16111 instant, and to inform
cols, 111.11 the prrt•fs,lio and pains's, referred to by you, will
be tsaostottlid to Mr. Sutton, post-office agent at Cute.
haven. " J. 1108 HOUSE."
General Gostrgand Olen addressed a seaood letter
Lord Soliiiontli, dated
Hamkiirab. December 7, 1818.
•My Lend-1 hope, as your I.4.alibip is aware that I
.¶nar good (ii sinds fur comm..; to London, 1 hope I shall rt.
4-esi e rrnAireilon to Jo so. 1 suppose your Lordship's nu-
n, r- us arm-atoms hire caused you to forget that part of my
teener in whirls 1 it quested pertisrosirti to retools to LUndull,
10 which 1 sac.: a detailed statement of all my sufferings—
oir i rout plaeseo that your agents bast takro awny my port-
f.:lo and ney papers, and ward use in she most shaman!
ist insole. II aim rewrote(' (rim pros erdnsg to the Nether.
Ponds or 11 Ilund. 1 rentabsed four days at Cuxhaven with.
one ireriving it sing', piper or any of my effects. Certain
as I am shot Ibis tilsairsertsl condors, on the part of your
agents, was Rod adopted by your milers, 1 again request
realsisas. In my former letter, 1 stoterl tbat 1 had written to
my fratod Cunt., Forbin howls, who was not suffered to
[cad my letter ‘ilutt to Aim • 'mud lime, awl, as be

" GOURGAUD."

The last document he had to submit In the
Moose was the certificate of the- Minister of Police
at Haniburgb. This was the most important paper
of the ',Lute series, and he requested the particular
attention of the House to it. It was dater! the 30.11
of Jahuery, 1819, nod sc3s addressed by the Mi-
nister of Police to Geurral Going:slid
In reply to the letter you wrote to me, respecting the
port-folio, which was delivered to you in my presenee, 1
basic's to acquaint you, that I well remember you came to
my house, in company will. Mr. Sutton, mud tlecharttl the
port•fulio in his possession to lie the same which, on she
14th of November, 1818, you locked carefully, and that yon
would not metre it, except in my rescuer. I satisfied
myself that it was open, by examintia•• the viol port•folio.—
It is incontestably true that you would not receive it, except
in my prcsenec—and 1, on look in;; to its state and condition,
saw Mat the lock was open. The two seals were in good
order—but 1 recoil( et you remarked that it was easy to
remove such seals aad put the in on again; but that a lock
like that oo yaw port-folio, being once broken, it was im-
possible to close it spin."

lie (Mr. Larnbtor) had now done with General
Gourgaud's allegations, and he had only to
state the prayer of tie Petition. The Petitioner
prayed that lie might have leave to come to Eng-
land, in order to institute a legal proceeding against
those by wl►om he had been injured. lie did not
dispute the light of the Government of England
to send lion out of the country, although lie de-
plorcd the hardships that such a measure imposed
ou him—but he did ditek it proper to question the
couduet of those, who had ilt.ici.td power. rot
ullo‘‘ tdl by the existing law of England—who hail
gone beyond the provisions of the Alien Act (as
if they were not sufficiently oppressive ill letter
and spirit), by refusing to take hins before the
Privy Council--by seizing his propeit)—arid
treating him in a manner whieli his rank and
station in life ought to have prevented. Ge-
neral Courgauil called tor redress—and lie trusted
that the llouse. whether actuated bs• feelings of
sympathy for his misfortmies, or by is desire to
give his Nlajesty's Government an opportunity of
justifying their conduct, would institute an ample
and deliberate examination of all the circunistaiices
of the case.—(llear, hear./—The Member
concluded by moving, " That this Petition be
now read," which was accordingly done.
On the motion " That this Petition do lie on the
table,"
Mr. H. Cuter rose and addressed the House,
but, from the indistinct manner in which he spoke,
many of his observations were inaudible in die gal-
lery. observed, that, ►hunter' as lie was, he
would not be doing his duty it be did nor protect,
as far ns he could, the individual who had hero ac-
cused ht the iloti. 51eitther. Fir must its the out-
set declare, ilia what lie had done, was done under
the ortlelt. of those who were intrusted Milt the
butitives of the home Del ailment. When Ge-

neral Courgand fast can. to this county, i.e rens mi!itary hotelier a Fleece, al the late war, 'Atm Barr.
ciliated the good will of mail inslividwila. ilia fore Alinisters aniseed to comb it lion with the
cooduct o is such, that there was 00 mason to sup- i ignoble weapon of 14 Secretary of Stair's warroet.
pose loin the individual he afterwards bored nut j Ile could rcarrely *oppose that they would convert
to In. Girt tonstancee concerning ham were,. how. I'ol'4a-officer. into Censors of the Press, and, with
ever, disetivereil, which rendered it Isere scary to re. their iissistatice, condemn a wiita, and punish a
move Pun train this country. The orders for that man, because he dared to say, dist neither his Chief
poronse were sent on the lath of Novels:her, slid countrymen had inglorionely relinquished
no unnecessary severity was 1181e/1611 011 the plot their swords. Ile would pledge hit honour, as a
au
of any individual. If General Gourgaud had sub. British Officer, that General Gots' wool had not
matted with as much patience as one in hie sateen. , carried on all cnrresponsleace, in or out of Eng-
tit:it' ought to hove done, there world not have lieeti I land, that could disturb the peace of the country.
the shadow of cause for the lion. alesither'a cum- i Ile wns acquainted with Groirral Gourgnied, and
plaint. The Hon. Member said, that the officers could speak to some of the lasts conisiowd in the
who entered the Petitioner's room struck him with ! Petition. He felt it los ilia %, Its General Gourgaud
bludgeons. The fact was that the messengers had ; had 'slalomed from mentioning his name, to state
no such weapons its their hands. They spoke to what lie knew of tie circumstances. Some days
him iu civil language, and were anewered most after the publicatints of Lie work, General Gotta.
uncivilly. After he got up, time having been given gaud told him, that he twine' elided he would be
him to dress, he attempted, by main strength to removed front the country, wider the operatinn of
prevent his removal. 'Phil caused a scuttle, and the Alien Act. Ile ( sir Bobera, ridiculed Ins
the measengers, feeling delicacy of their , fears, lint tails! loin, if he were arrested, he
lien, as the individual w freigner, though they ought to appeal to the Privy Council, tied he
of course resisted him, di with the least pre:wilily had no cloolia iu that event. the warrant would he
violence, and, in the end, suffered more then the ! cancelled. 11-tug aware that lie might appeal to the
General. The Petitioner said lie applied to be I Privy Council, it was to he presumed that he would
taken 'feriae the Privy Council. This was a fact i exercise that potter its hie time of 'seed. Two or
asserted by the Petitioner, but it certainly was not three days after this, lie saw General Goorgond
proved. The lion. Member himself admitted that again. who asked Uttar, Whether he knew a permit
lie was not peteonally acquainted with the eiretim. of the wine of tar. Mac io. lie answered to the
stances, tool was anxious that they should be full} Genes-id Goweissol elated, flint a person
elucidated. Ile stilted, in one part of his speech, collie.," himself Dr. Mayne, had waited on
hun—
that the Petitioner was friendless. Bid the Peti- aimed that he wie a Braids Medical officer—that
lion disproved this maw-nerd _since it 'h• r.• appear. the had loan quartered at the I .1' of the General's
eel, that Ise had applied for the opinioti of 'taloa. i mother in Parrs—and, grateful for the kindliest
duals, previous to his rein real, as to the course le that was strewn lima would undertnke to facilitate
should pursue, who pointed out to him die clause the General's correspondence with hat family. He
relative to the examination before the Privy Conn. (Sir Robert) told the Petitioner that Dr. Mayne
ell—therefore, he anion his guard whets the 'west flowered iis 11 very stiopichous light—that, for his
took place, rind could not lie considered so very I own part, be thought be war either Mr. Oliver, or
friendless. The true statement wan, that lie upr I iuse of his boohoo,. Some lime after this General
plied to be taken before a Magistrate, and never Gieurrud informed ham. that Dr. Mayne had
once mentioned the Privy Council. Hr certainly trellod on him, stated that lie was going into the
did point out where a pair of milsierled pistols City, and, us lie had no money, requested the loan of
were deposited, but that was subsequent to the four or live ',instals, wlisehi wise -complied with. He
seizure of a pair of loaded pistols that were Iy. rebuked the Grovel for Ins easy confidence, but
ing lit his bed-tilde. A dagger was placed on cough-etiolated him on fioding that Dr. Miaow was
the top of some papers, which he seized mill • swindler instead ofrt spy. The day General GOl3l
was cos the point of thawing, when it was 'token gaud was arrested, Covina:Foal/in Immo informed
from hint.—/Hear, hoar.)—At to putting him in i loan of the circumatance, mud ended also, that lie
the coach with such violence as nearly to break his had been refused permieeion, by the Hon. Gentle.
leg, it was not a correct stati.riteist. A frientrof man (Mr. Clive) to have any commanicadon with
his did every thing lie could to prevent his removal. him. Now, he denied that the 46th of the King,
For that purpose he got into the coach; end code.- I commonly called the Alicia Act, gave to Ministers
vowed Inlander the messengers from entering it or the power of denying a foreigner access to his
to shut the door. Some confusion occurred, but he friends, or authorised them to seize his effects, and
believed as to the Petitioner's being hurt, it was not expose his private odious to general observation.
a well.foutided statement. He was removed to Mr. I When lie learned that they hail so acted, he pro-
Clipper's house it Vauxhall, in order, as a great seeded to the General's lodginge. He there saw
crowd was about the house in Brunswick•squares to j two servants, one of whom confirmed, generally, the
preserve the peace iti that part of the town—since, statement lie had previously heard, but the other was
had he remained longer, the momd must have in- ' invent at the whole Effie, and detailed all the cir.
creased, and would perhaps have proceeded to acts eunistances narrated in the Petition, as lathe mode
of violence. His clothes, and every article that and manner of street. She Hated, that the night be.
was necessary, were forwarded to hint there. Be. fore Mr. Capper came to the house atolintrired for
fore lie left town, this being fl new cure, lie looked i Gen. Gewgaw!. Bring informed that lie was not at
into the Alien Act, and read the clause under which home, he "aid "Tell the General, on his return,
the Petitioner was arrested, after which he wear. to that Dr. Mayne will call tosmorrow."—(llear.)__
Mr. 13ellingley, the agent at Harwich, giving him Could it be donoted that • pr. 51a) lie was one of
directions as to the mower iii which the Petitioner I those assassiev, who went nbout, endeavouring to
was to be heated. Peiliaps he ought to state, incite men to came, but who, if they could not
that the 1'03400 for removing him immediately sender their vi tint guilty, took care, by memo-
from Mr. Cappei'a wise, because he broke the Maud.' evidence,.to involve lam in the punishment
window with his hand, in order that he might doe to guilt.—/!fear.)—The servant stated, that
ciy not " Murder l" Considering how vsry j the person' who left this message was Ala Capper—
giievously this men was void to have been treated, she knew hint, because he conducted the party,
it wits extreordinary that so long a time had been who arrested the Generul, the next
,troirtiaata--
Guffaws! to elapse before a call tor inveetigatims war She followed tlwm sip stairs. She heard the
preferred. A pamphlet had been published on the General requesting time to seal np his effects, and
subject, and paragraphs about the transactioo were the also heard the refiatsl. The General then up.
inserted in the newspapers, hut still it was rather preached the tviiirlow, utid attempted to open it.
tardily brought before Parlisment. The Poi. Our of the meth seized him by the arina, awl twisted
'loner, the day after his arrive' at Harwich, was, as his elbow with so much violence that lie fainted.
lie requested, carried before a Magistrate. He eon). Slue elm one of those area, with hie cane. to ose her
pleined that he had tin right to he tent out ofthis cow,- own/words, " strike tliv Careerist's; poor naked head
try, because the order for that purpose was contrary j retwatedly..in the twat violent mowier." Ile was
to a permission he had received to reside iu Englailet, i then hurried into the coach, sod Its head forced
But the Magietrale very properly ended, that r vely I against the side or tare doer with howls strength,
alien was subject to the law. and that the order was that the blow could he distinctly heard. llis
in every respect correct. While at Harwich, it was leg was outside or the coach, end when the
well known by Gentlemen, Members of that I louse, dour was attempted to be closest, he shrieked
that he was extremely well treated. After is slay of J out, his leg being severely ciushed. There was
five days at Harwich, where his friends might have sufficient evidence that Giessen! Gourgaud had been
visited him, he was put on board the packet. He i most unjustly treated. The seizing on his effects
was informed by letter. that his papers and port. was contrary to the Alien Act mid the law of the
folio would be trim:witted to him. Before lie left Iland. if the port- folio were broken open by order of
England, he bent a letter to Coned Fotbin idioms). Lard Sidmouth, hue was guilty of a high
requesting him to take care of his 'armpit,. The measinr—and, if it were broke.) open he Mr.
port-folio and louse papers were sent to Vi4CoUist Mr. Capper, he wits guilty of no less :in offence
Sideuouthat Office, tend from theme they ware for. than felony. Fur what put pose was it taken, lent
welded to the Continent. The port-folio was trans. that its coseteuto might be examined ?—and, that
milted to the agent at Harwich, who gave it to the they were so examined at the Howse Office, he slid
Captain of the packet. An inquiry was made as to I tint thiuk the Holt. Gentleman opposite would have
the statement of the port-folio being broken open. the hardihood to deny.
Lord CASTLIaIEAGII conceived. that. as the nio.
ilseagent, to mower to that it:gutty, stated, that
the fort-folio and papers had btrn delivered, as re. lion was merely to let the Petition lie °eh the table
100111111 to which he had no objectien), it was pre-
criveel. in perfect order. lu his letter to Mr.
Camper, he .said. " General Gourgaud had not the mature to go into the fief of the case at the length
slieliteet ground for making tins aseertion ; lie hiss the gallant General bad dune. Ile warned the
made it merely to bring us unnecessarily into I gallant Gement,, who placated his honour fur the
trouble." The Right Hon. Gentleman concluded good conduct of this Officer. against coin-
his speech lot referring to a letter of 31r. Capper. • suiting; himself with respect to one, his acquanit-
in which he denied the fact of the lock of the port. since pith whom was so recent. As to General
folio bring broken open. Gourgand's history of the battle of Viaiterloo, lie
.
Sir R. Witsort said, the Petition was emitted would leave that to speak for itself—(//ear)—but
to the most serious consideration 01 the Itoose--ha.- lie could assure the gallant General awl the House,
cause it was taut House alone, that could ascertain that there was a grit extent 161. transaction, besides
the truth of the statements woo:Wird in it, and af. that, in which General t;ourgeudal facially of cur-
ford is remedy if the alleged bleach cif the law I reel representation appeared to be must imperfect.
were arrived. Some Gets of the ease might come j The Nellie Loud, after some other observations,
Dueler the cognizauce of nn ordwai y trilowal—but j c slutleel by toying, that it was altogether nacre-
the effect of the Alien Act was, to a ithdraw the dike that the officers would wantonly act in the
person named From this country, who could tint, !numl warmer described.
of coutse, conduit the necessary proceedings.' Mr. DOCGLAS said. that tin case called for a full
There were claims in this case to excite the woe. mid solemn inquiry more imperatively than the
roue feelings of those to whom General Gourgend prefect. It was, he said, ton frequently the case,
appealed, since lie stated himself to be a stranger, where serious complaints were brought forward, to
friendless noel einfortunute. Ile woe rote year. 1 r fleet ohs the character of the individual by %rollout
ego ill a dittarent situation, and lay honourable ex. flews,. complanit• serge made. But sorely this was
croon waved at a very high rack in society. But I but the nity to ausaar eumplau.tr, lu his opinion
he voluntarily partook of that row, which rivet. I the charm ter al' General C gaud, nor the mo-
te/helloed his Sovereign and !were's-tor, and placed lucre the (iaserhme-let had oar sendisig him out of
lieu at the mercy of a relentleia coalinoti. Ile sled i tar k washout, haul liotlang to do with the present
not ask %slat %ear the circuinstalielll which eSt'llt d I questisiii. inns the situation of that individual
the displeasure of hits Majesty's aliiiistero agates' meal his summa, ices, it wits not veriest,* to be won.
Gourgaud, who at one time gave I lease to tiered at that a pr.•:,lidiCe should be excited against
stay to the count's. Ile Woad one value which the i lout ; but lie coot-soled that the character of taut
(a-tiered had mentowed woo not the reel cause. Ile .indtvidual haul seething to do wills (Ise subject now
could nut thiult, because tie Petitioner asserted the Lalaie the Ilwaa ; that etille.ct was a guava and

imperil:at oni.-3 breach of the law had been corn.
mitted—a %ollatiou of that pint iple which had

liitl.erto regulated our foreign relation,; and if that
violation had been made under colour of an Act
which no constitutional mind could support, lw
meant the Alien Act, that only called upon them
to inquire into tlet state of the present rare with
more jealousy. There were in that caw two riots
to whirls he begged to call the attention of
House—first, that the reirie•t of demerit Goar_
gaud to be brought before the Privy Comm;
denied. Ile would my this denial was as unjust as ;
was ungracious. It would be trcollected that
the Alien Act was under the discussion of the
House. Ministers had taken great merit to them.

selves for having left this power of appeal to L.
reigns. Althousi he considered it as a mere (irk-
aim', yet one good might result—it would enable
those oath-injured individaals to bring their corn.
plaints forward, and to interest public nOnion. So
for the clause might have had a good terotelie..
The Minister considered it in a thifereat

attacked ►rat importance to it. Why, then, hr
would ask. if in the 9, on of Minister. it woyi im•

portant, if they thought it save to foreigners pr,,_
tection or security, why did they refuse the benefit
of that spites! to General Goureaull ? But 11,e
Honourable Gentleman opposite (Ur. Clive)

had stated that General Gourgand had request-
sal to be tient' not htsfure the Privy Oitsiiril,
but before a Magistrate. Admitting the fact,
what could it have proceeded from but ignorance
of the language Of of the law* ? —and were the WO,
lo lie defeated on a mere quibble ?—was it to 1w se.
:hired that • charge of this kind was to he defend-
ed by sheering a mere verbal inaccuracy in N
strauger, ignorant al lie was of the language of the
country ? —was it fair to pot him tint of the pro-
tection of the law, poor a. that protection was,
merely become !semis! • Magistrate, when he should
have said the Privy Council ? Reverse the case of
this individual--•placr an Englishman in Peri.,
ignorant of the institutions dad the language at
France—if he had been treated with brutal severity,
and seeking for redress, if he should amply to the
Minister of Police, when lie should have applied
to a different authority, would it not be considered
a cruel mockery to deny him the right which the law
hod given, and to refuse to bring him before the pro-
per tribunal, merely because he, a stranger, through
ignorance and inadvertency, mentioned a different
one ? The other point on which lie wished to say a
few words, was, with regard to the seizure of General
Gourgaud's papers. Here, too, there was a viola.
lion of the law, as well as of every fair and equita-
ble principle. When the Minister thinks tit to
exercise such a power, he Avoid have evidence
clear and indisputable before, he should not be af-
forded the opportunity of Betaking to obtain evidence
to justify au act of great severity after lie had com-
mitted it. Yet the papers of Gen. Gourgaud had
been taken away. He asked, why they were taken
away ? fur what purpose but to examine them,
to search amongst the private papers of that hull-
vidual for evidence to palliate the unfeeling and
unnecessary severity with which lie was treated ? It
had been said they were taken for security—secu-
rity against whom ? If the owner of them W:4
anxious to secure them, it was from the hands that
seized them—it was from the Home-office, where
they were taken. There was enough in this case to
call for an examination into its circumstances, and
he hoped the House would order au inquiry. Asser-
tions were made by General Gourgaud on 'tfie one
hand, and by the Hon. Gentleman (Mr. Clive) on
the other. He would, under ordootry circum-
%tellers, give credit to the assertions of the Hon.
Gentleman, whom he knew, in preference to the
assertiole of General Gout-good, whom he did not
know ; -but in the present case, where a complaint
had been made against him, lie (Mr. Douglas) was
compelled to say. that lie thought his assertions were
• of less weight. He did iiot mein to accu'e O!
Hot:. Gentleman of any wilful breach of the law—
but sorely proper pertains might have bean employed
to make the arrest—surely the disgraceful scene di it
took place might have been avoided. Bat no—it
was its the very nature of power uncontrolled, that
it. execution should be ever attended with outrage,
aid) violence, and with suffering—it communicates
a portion of ita spirit to those who are called nom,
to carry its decrees into effect—the mildness:mil
kIWIIy feeling which constitutional laws inspire are
forgotten and disregarded in the licentious exercise
of unlimited authority. He had no doubt hut the
'lmmutable Gentleman, having the power of rend-
ing this officer out of the country, did not ftel so
delicate, or so noxious, as in another case lie would
feel and act., It was to be lamented as a alas n 1110111
the national character, as a disgrace to the law, that
an act of desperate and of brutal violence should
have marked the exercise of power, in itself .on-
ciently odious. The lion. Gentleman concluded
by ridiculing the idea of General Gourgaull haul. i
excited an alarm in the minds of the constables wia.
apprehended him—one man opposed to eight was
nut likely to excite extraordinary fears.
Mr. B. Baatteasz said, that General Gour.
gaud was, in point of fact, informed that lie should
upply to the Privy Couneil,*but he wished to ap-
ply to a Magistrate, for the purpose of getting ad-
vice us to the propriety of bringing an action for
the alleged injury he received. The General,
iu
fact, knew the law ; lie knew lie had a tight to
appeal to the Privy Council, but he did not avail
himself of that right.
Mr. Dut:GLas explained. The assertion was rot
his; it had been stated at the opposite side, :toil she
assertion of the Hight Hon. Gentleman wits "
ance with that made by an Hon. Gentleman at ;,
side of the House.
Mr. BENNETT said, that as to the truth of Gen.
Gourgaull's stateincut, it was verified by the
moil of the servants of the House in which -
lodged, it had been said that General
had raised a clamour, the itseat;ll4 of which •
that he had complained. ‘Vlio lin+ carne to c •
plain but the man who suffers Would the II , •
be surprised to hear that, treated in the mann::
had been, lie did complain loudly ; but that.
seems, was a crime. Tiiuse who dell'
of every other consolation, wished to Joisy Iwo
the consolation of complaint. N's, it via mean,
lie asked, to gag unfortunate fit! tigi‘er4 after
abusiog them I its to the papers oi. flencial
Gourgaud, it was remarkable, that nei:hsr the
Noble Lord nor the Under-Secretary fur the Horn!
Department, nor any person at the opposite side,
had ventured to inform the House whither or rat

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