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

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, for
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
esketi for 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 he 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 of
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 moved 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

bludgeons, 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, there would have been fottr seals instead
of two. After some -farther obser vat hots, which
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 precell;
ing day a Gentleman had called, and asked ife
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 nels
Mornieg. Now he would ask the House if Ibi
Dr. May, who had been proved a swindler, 01.11
not likely to be also one of those dark ass°B9.llo
1
who go about to betra the unwary into gllt:
which but for them they y would never perpetra.lb;
and failing to accomplish this object, they,
blackening the character of the individual,
e;
posed hint to all the pains and penalties of liAjl
guilt horn which his honourable end recoile.
On the morning which followed the day on whi;ce
this message was left, the. officers came to.se.to
General Gourgatud. One pet-son first enteved'9o
asked for the General. He was told that he -hs
then in bed. Upon this• he beckoned from ottit
parlour, and 6 or 7 men immediately jtitliPe,beel
of the coach and rushed Tutu the house• pp
proceeded to his bed-room. One of the servo g
tallowed, and saw them pull the bed clothes ate
the General. He wAs' then hurried into the rLiffis.,
lour ; the servant followed, and implored tbe:kei
cers to have mercy oil their prisoner. Betase
permission to make some arrangements wi"-, 00
speet to his property, hut this was refuse"; bed
then desired to be allowed to go back to ins
not,
MOM to put on his doilies. This be "5 00
but
i theyhe r
ffi( eat
TIC isi e i(lfoliri
sCulediti
in allowedti tile p atrol oduos' r.he d
call them), before he got into the cosich:cerest.
down his arm tsith such violence as toea''-- lovepaiu, and the General was described t°, plea
turned "as pal: as death." One of thel;„ ono
then struck his " poor naked heats" with ;2)-041
with great violence, and after that the f'etrOci‘'
was carried ihrongh the passage, his hear!' Xll
against the dour, so that it was heard bY 81,00'
the house, and furred into the coach, '° (opt
tsicicl,liusleuisthleegthu.)7,s jammed by a premature aft
to
r of the vehicle. Tills •wa fcost,
substance what the servants had stated, °l(i.ijed ft)
of the fac's other witnesses could be levee,
prove. He did not mean to say that this vt°'
had been intended by the Secretasy ot Sita„teu'on"
the Under Secretary of State ;. but this 11- the
planted of, that these things had occurred, art:i the
offenders had not been punished. ne bl'unineoniog
Home Department, because instead of sai-s ;gals
the General to appear before them in deeenis (for
they had hired six or seven infamous fiall thew..
such, in his opinion, they had provfif d beet
selves), to seize him in the way whiCil 1041
described. He had then appealed,
asaLted•--.
right to do, butt the
.appeal Had been rss-
nce to
Time was in his opinion sufficient evtd been
warrant
.a presumption that the General 1. which
most unjustly and most improperly tfellte`le which
respect to his property, that had been "dtefied duo
positively amounted to stealing, and be der which
Gentleman opposite to show any !awe.", if hit
what had taken place could be
portmanteau had been seized and broken (111) ofe
Lord Sidmouth, his Lordship had been gulitYi
high misdemeanour ; if it had been °Pellet IS
Mr. Capper, he. was gUilty of felony. grby ief
his property been seized at all ; or it seized, 'rot
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 to1;0'
from him. Why were not these restored tO hijo,
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, weresu'is...
supposed, in the estimation of the police,•
cient to warrant their confiscation. fie troallio.'
objected to the system of police acted 700,..
this instance, which went to assimil3toon"
Police to that which existed in otbeirnoe- c
sts
tries, to the disgraceiof the age. Fie '1-
id takts
con
inquiry into the merits of the case "'nee it,
place, and he would undertake to
and to prove the facts he had stated 07 tillietell,e7tlse;
Lord CASTLEREAH thought the If`L-ce shoal"'
Mari had gone further into the case than f 1 It; oe•-',
have thought it necessary to go on the Press:rod':
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 that the Petition 5"-venient,
on the table, and as a future and til°re
cooopportunity for discussing the
would arrive. He would, however, °".el'ensiolo
observations to prevent that llllsOppreo lac",
'IO
which might otherwise arise. In the first Poi tO
he would caution the Hon. Gentleman 1 a,lic
he r
listen too readily to all the statemen"',esenera
hear from persons in the situation or - biro'
Goirrgand, awl not to be so prone to pledge
self for the propriety of the conduct of on e iiiteds
whom, he had so recently become ae(11,1,1 the
as he sopposed him to' have been vtrielpsin"'
present Petitioner; Nothing could be ffi°l.siost
ful to any generous mind than to speak asg rut i°
man in General Gourgaud's defend,'
rocs when be was absent and incapable °re atoPl.
ing himself ; but he most say there `v history
reasons (besides those furnished by ltr9. ,ssfeli
the battle of Waterloo, which he .111`!" t big fa'
leave to speak for itself) for honeying tua
drotel_;.f,
culty for representing transactions it,„-cssot.—
had never been, in any instance, surraGeotle'
He would agree with the Honourable . ion;
iI
man' that the facts stated in the Peril vsee
ble
proved, would constitute a most repfebetie of
outrage ; but if the* Histosy of life Aeti Hose -
Waterloo bad . been less inaccurate,
..tbe,e.,semen‘
would not have regarded the presents
of General Gourgaud as very probabl' rat,
Gene
Capper, when he went/to arrest the not
carried with him written ituarroctions% te
100°
only to treat him with humanity,
his appeal to the Privy Council. -CatrYilb)tbility
him such instructions, there was no. P",
that Mr. Capper (who was a hotuane toaol_b''d by
have committed an outrage like that defer' _tad
the petitioner. The General bad been rel""rfic cers
as being so perfectly submissive to the °cer,
that he even pointed out to him a d"`,)eeigit
which his pistols were, to prove he had n°' cos.
but to with
to commit any violence. Now if he (hola6 be
tlereagh) were rightly informed, the eo9'.7_,„er,
took was 'such that 'the officers were in,
nrcitg•nt,
for the moment they showed him 'their tvai to,
thet (fin: yt
aaiti•snwi setrh ehyet ogoakv
gave
tuttiov4ftnh mbyvvistlelizt thoes„,,

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