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

t,:.::..

• sla Is •
' the purpose orbrbong aler_ those
ithad aggrieved him. It slid ,it the pone.
gilder the Act,
of
.Minisiers to do that
- had via
not im-
bra it disputed theaust cro-.
pagn the. but ste c.
lated one or its provisionV-"Cfraeffulligre security
which was afforded by a single
in the Act,
had been ivildraWn from pelitieger ; the house
had been invaded, his property serzedlaind his person
'subjected to indignities, from Whicii, however friend-
less his situation, his rank and character ought to have
exempted bim. He should not go further than to
move at present, that the petition be brought up and
read, reserving himself till he should hear what could
be alleged in answer to it, and trusting that a satis-
factory explanation would be given.
The petition, which was then brought up and read,
contained little more in substance than that already
stated ilk the remarks of Mr. Lambtor.
Mr. LAMBTON moved that it do lie od the table.
Mr. H. CLIVE felt that, from the situation he
held and the complaints preferred agaiist the office
to which he belonged, he should be wanting in his
duty if he did not protect, as far as he was able, the
individuals who had been employed in the arrest of
General Gourgaud. That individual's conduct when
he first carne to this country had given reason to
suppose that he was very different from what he had
turned out to be. He had at last given cause to the
Government to order that he should be removed,
and a warrant to that effect • had been issued on the
14th bf November. He (Mr. Clive) protested that
no unnecessary severity was intended by any indivi-
dual, and if he had submitted, as there was reason to
expect he would, there would have been no cause for
the present complaint. General Gourgaud complain-
ed
of having been struck with bludgeons, but the
men employed had none. They had spoken to him
in a civil language, and he had answered them unci-
villy. They had given him time to rise, but be had
attempted, by mere strength, to prevent them from
electing his removal. They had resisted as much
as possible without doing him any injury, and in
fact they had suffered most. The General asserted
that he had applied to be taken before the Privy
Council, but•that was not correct. • The Officers em-
ployed 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 lily
loaded on his table. He had then snatched up a
dagger, and endeavoured to stab one of the men,
but it had been wrenched away from him. He also
attempted to prevent the door from being shut, bat
being at last placed in the carriage, had, in the first
instance, beer. driven to Mr. Capper's house at Vaux-
hall, in order that the peace of the town near Bruns-
wick-square might not be disturbed. Mr. Capper
wished him to send for clothes, but he had refused,
and had therefore gone with those which he had on.
He (Mr. Clive) had looked into the Alien Act, and
written to the Agent at Harwich, to direct that all
its provisions should be carefully attended to. An-
othet reason for removing him to Vauxhall was, that
he had broken his window, and cut his hand, and
was exciting the compassion of a considerable crowd
which had assembled by his cries of murder. Con-
sidering that he 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 subject. Paragraphs had long since appeared
in the Papers, announcing the General's intention of
appealing to Parliament, but it was only after two
months of the Session were passed, that an applica-
don 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 war-
rant 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 him if they had pleas-
ed. —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 Oka-
haven, to know whether the portfolio and papers bad
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, respect-
ing the portfolio being open at the time of its deli-
very. But the certificate said, that though the lock
was open there were two seals on the portfolio. If
General Gourgaud had not taken any opportunity of
opening it previous to receiving it before the Direc-
tor of the Police, there would have been four seals
instead of two. After some farther abservatiops, the
Hon. Gentleman declined going more, at large into
the case, as a future opportunity wouLd offer for
bringing it before the House.
Sir ROBERT WILSON thought the Petition pre-
sented by his Honourable Friend entitled to the most
serious consideration of the House, as this was one
of those cases to which that House alone was com-
petent to supply a remedy ; for, though several acts
had been committed which might, under other cir-
cumstances, 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
injuries be had received by that law, which, in his;
opinion, had been very improperly made. Xhis
atiors of the Petitioner was or.e peculiarly.calcelated'
to interest the most•generous feelings. He :wee ..ar
stranger, helpless, and unfortunate. Yet he had not
been so tilt lately. He had formerly enjoyed. a sup!
cessful career, and had been rewarded with the most
flattering honours his Sovereign could bestow, an 4,
he new owed his ruin to that fidelity which isack
made him the voluntary sharer of the fortunes ofl?it
fallen benefactor. (Hear.? It was this fidelity that had.
marked him out as the victim of a telentlesscoalitio%
He would not ask under what circumstances Genera•l
Gourgaud had incurred the displeasure of those
whose favour he had previously enjoyed in this cows.:
try: The Petitioner had adverted to one cause, but
he hoped it was not the true one. Indeed, he could
not think it possible, tlsat because General Uourgand
had vindicated the valour of his countrymen, he had
bowl thought to merit the treatment he had received.
He would net believe that it had been determined to
,meet his publication with die ignoble weapons of the'
Office of the Secretary of State, because in that work
the General had laboured to prove that his countrymen
dirinht ingloriously relinquish their sworda.---fHease)
He (Sir Robert NVilson), front the knowledge he had

defa4Albitgau . dated tociaMe2l4,lW; dial* a 7,
et 0
. .
a coregssetnetl.euse- -i
hdeencilwirtl baenesy partil744.outeof'in a lreetio pe ; and : e,.- •
that he had been engagedein $ cenesponctenef In _.
Europe that could at ullentidangerkthe
Peace of
country. He (Sir Robert Wilson) bad had die honouris'
to be acquainted with general Gourgaud, and knew
some of his connelioese and as he had had the deli-
cacy not to mention him tSr Robert Wilson) in the ,
Petition, he felt it his ditty to state certain facts oon;
netted with this case that lad come to his knowledge..
Some days after the publicatiOreef this work, he (Sir
ItobertWilson) had nietthe General, when the latter
said he had some reason to apprehend that lie should
very shortly be removed under the Alien Act. He
(Sir Robert Wilson) ridiculed his fears, but tcld '..,m
in that case it would be proper to appeal to the
Privy Council, and on being:examined at the Office
of the Secretary of State, if nothirg but his publica-
tion appeared against him, he was sure the warrant
for his apprehension would be immedietely cancelled.
He stated this to shew, that in case of Lis being
arrested, the General was apprised of what he ought
to do, and this furnished a presumption that when
arrested it had not been what the llon.Gentlernan had
described it to be. A few days after the General, on
meeting him, had asked if he (Sir R.W.) knew a Dr.
May ? He replied, he did net. The General mid, a ,
person so called had been with him, and bad treated
him with such peculiar attention and kindness, that
he felt anxious to make him some return. lie, how-
ever:lmre such a description of this person, that h
(Sir Robert Wilson) swpectcd him, and told Generel
i
Gourgaud that he believed this Dr. May to be Mr.
Oliver, or one of his brothers. Shortly afterwards,
the person respecting whom he thus expressed him-
self, he was informed, had called on d:e General,
and obtained from .C.l to Ce. He reproved General
Gourgaud for lettine him have the money, but con-
gratulated him on finding that this Dr. May had
proved to be a swindler instead of a spy. These eir.-.1
cumstances he begged the House to bear in their re-:
collection. On the day of General Gourgaud's ar-'
reit, a distinguished foreigner. Count Forbin Janson,
called on him (Sir Robert Wilson). This Nobleman
had only known General Gourgaud as a brave offi-
cer, and had only sought access to him to assist him.
in a moment of trouble. From Count Forbin Janson
he learnt the particulars of the General's arrest ; but
when he first heard the statement, he could not be-
lieve that a person of General Gourgaud's character
could, by possibility, have been treated with so much
indecency and so much inhumanity. He, hcwever,
went to the house of the General to learn the'partie
milers. There he saw two servants belonging to the
house, but not the General. These stated, that on
the preceding day a gentleman had called, and asked
for General Gourgaud. The reply was, that he was
put, and was not expected home till late. Upon this
the gentleman went away, leaving word, that the
General might expeCt Dr. May the next morning.—
Now he would• ask the House if this Dr. May, .who
had been proved a swindler, was not likely to be also
pne of those dark assassins who. go about to betray
the unwary into guilt, which, hut for them, they
would never perpetrate—and failing to accomplish
this object, they, by blackening the character of 'he
imlividual, exposed him to all the pains and penalties
' of that guilt from which -.his honourable alimi re-
coiled? On the morning which followedthi Jay on
which this message was left, the officers caine to
seize General Gourgaud. One person first entered,
and asked for the General. He was told that he was
then in bed. Upon this lie beckoned from the par-
lour, and six or seven men immediately jumped out
of the coach, and rushed into the house. They pro-
ceeded to his bed-room. One of the servants fol-
lbwed, and saw them pull the bed-clothes off the
General. He was teen harried into the pullout; the
servant followed, and implored the officers to have:
mercy on their prisoner. lie asked permission to
make some arrangements with respect to his pro-
perty, but this was refused. He then desired to be
allowed to go back to his bed-room to put on his
clothes. This he was not allowed to do, but they'
fetched his clothes to him in the parlour. The ruf-
fians, for such he must call them, before be got into:
the coach, forced down his arm with such violence,
as to have caused great pain, and the General was
described to have turned as pale as death. One of
the men then struck his poor neked head with his
cane, with great violence; and after that the General
was carried through the passage,' his head struck
against the door, so that it was heard by all in the
house, and forced into the coach. in doing which hic
leg was jammed by a premature attempt to close the
door of the vehicle. This was in substance what the
servants had stated, and most of the facts other wit-
nesses could be called to prove. He did not mean
to say that this violence had been intended by the
Sicretary of State, or the Under-Secretary of State;
bin this he complained of, that these things had oc-
Iscurred, and the offenders had not been punished. He
blamed the Home Department, because, instead of
summoning the General to appear lefore them in a
*cent way, they had hired six or seven infamous
ruffians (for such, in his opinion, they Lid proved
themselves,) to seize him in the way which had been
•deseribed. kte had then appealed, as he had a right
-toad% Nat the, appeal had been rejected. These was,
inthis opinion, sufficient evidence to warrant a pre-
ption that the Generel had been. most unjustly
;and most impropply.treated. With respect to his
.pruperly, that 44 been done which positively amoun-
ted to steeling, .and be defied the Hon. Gentleman
Ipposite to ;sbew any. . under Which what had
. . tiaskdelitpnl
Lordshipace seized
..
hair could
i ::
been
?ius.og4tueitpd
e• .:i.
bi
afy
Lltiosrdposrtlmihannotuethau,
herb misdemeae
4tour—Af it had4seen opened by Mr. Capper, he was
guilty of a felony: Why had.his.prooerty been seized
,at all? or if seized, 'why-was iteliot restored to the
' teeneral at Harwich Or Cuihaven? Minieters dared
liot to stay that the portmuntean hnd not been opened;
And its enhtents ex:attired. S His pistols too bad beenl
taken /iota him. Why were 'not these restored •toei
him at Mr. Capper's, at Harwich, or at texhavou?!
The pistols, he believed, bum the arms of Napaleun,,
i• t,
estooux
which
ip.
tws t
e p oh ae
ars,
system
iiens,
tntoet:hmsejoro.rfc sulbcient,coolitiol etl
assimilate .Ishit:ile sit:l
aiot'e,
tend these insignia being found on them, were; hr
,iti,t4ntgl.lll44rtsyh.,:tioltiiltscilt;.iicitatittitd,
He hoped an iriqiiiey into tn,-',,fiiiits or.-06:0,,,,
would take eluee; wed he eveultf und•enske to mu-
ocontireit;tiehiep.lh. iittliliti:leef.' of the P, Akt

rt ~.

afratpct it, and to prove the facts he Lei te.:.,mi to d a 'di R ',.,0
neehleuse---(Hoar, '6E6%)
• tho Pnl
r,! . lrio ni CASTLEREAGH thought the Ilencorthia 3 kdi'w '
tn
_Gentleman had gone further into the case than he • sal
tis .:hliould have thought it necessary to-ho on tie preset.. OW ,_.,f
• ar C°l-"...:
at occasion; he did not intend to go into any cat ;. .4
. Cr.t.C.... . ,testis ~,
w details on the subject, as the motion befoic the lie,. taking 1
h_ was merely 'that the petition should lie On the table, .roots; c
he and as a future and more convenient epportunito fcr It. Clive)
n; ,ditussi..,heg, , the whole question would arrive. lie assertit)r
:e, :wo el, ire ever, offer a few observations to prevee . h he'd
fir' that misapprehension elicit might othereise arhe ~otoblc
..eh In the first place,. he would caution theideeeteesh ~... less
Gentleman not to listen too readily to all the gee. ~. A
Id . but ii
le meats he might hear from per..cns in the sittratioqhe ,`oats g
m General Gourgaud, and not to be so prone ,
toplath e 7. ln
he himself for the propriety of the cendect of one with ~ a tish
ce whom he lied so recently become acqtainted. hi he ;brotillit
:a. supposed him to have been with the present peetieah 0 ...13. B
~
art rothing could bonnore painful to any genet:minded .
eable (
eh than to speak against a loan in dencral.Gcurgaucrs he Cpl"
e.g sihrition, and that too when he was absent and into. ,t what m
-ht pable of defending himself, but he must say their e,, and
.
en were ample reasons (besides those furttihee hr he 25 whiel
ad History of the Battle of Waterlho, which h eheht ,„ think
on safely leave to speak for itself) for believin-
g that his A dot a
)r. faculty for representing tOansactions iv:accurately hod i ember h.
a never been, in any instaiice, surpassed. He would
agree With the Honourable Gentleman that tht facts brought
0 b
ed e Prior I
sat stated in the petition, if proved, would constittee a - did riot
w_ merit reprehensible outrage, but if the Ilistore olhee aimed.
la. Itattleoof Waterloo had been less inaccurate, the . ice,- for
rid blouse would oat have regarded the prtient state- oppOs
to Meat of General Gm-gaud as very probable. hie e L56.4171T
as Capper,. when he went to arrest the General, carried ins eOE
m_ With him written instructions, not only to treat him hhe 110
..a, with humanity, but to facilitate his appeal to the ideate a
sal Privy Council. Carrying with him such instructions, udi.ar
an_ there was no probability that Mr. Capper, (who was ashlars c
tad a humerreman,) Would have committed an outrage . raodY- I
die like that described by the petitioner. The General : the het
re- hal been represented as bcinriOperfectly submissive hale • 1
are to the officer, that. he even• pointed out to him a ere was,
me drawer, in which Idi pistols were; to prove he had no -..aalish si
lan design to commit any violence. licw if he thee! .iv bare
,te. Castlereagh) were rightly informed, the coulee le tole of
him took was such that the officers were in danger, fcr the lenient
soli 'moment they shew
arms they took into the room with-them, the first an. e.d him their warrant, the onIF hell hat
nit ,neral.
be. saver he gave them was, by seheing.a.brace of loaded 'ere the:
;ter pistols. • So that it appeared, if they had am seized : arge, I
ich these in their own 'defence, he would have brought ;ill they
rer, the question to a more rapid • conch:don than could on his
re_ have been desired. After this has d",ne, it appeared ,eoniollsl
the that the General had with hires what-was let always =MT t(
on 'found in a Gentleman's bed-chamber, a dagger ea- add no
ked der the bedclothes ; 'but fortunately .for-theaohicers, Mr. SI
was he happened to seize on it by the point, leaving the position
his handle open to them, so that he, in- the struggio titre di:
the which followed, had only the sheath left in his hand, dthe H
while they got the dagger, which they did not use so rate ea
lie improperly as the General was disposed to usa it. to :eel I
the When this was <were he locket and sealed his pert- plareorg
ray folio, and the officers coolie remeretiated with him oantry
ley on his situation, and on-the proptiete- of his sefihring the 1
iise himself to be conveyed quietly to the ter-thigh The eat the'
'be same spirit which -had rrietply -animated him Mr. i
tics caused Mm-to disreptet t :advice which they gave; an the
re. and adhe, hid not sir:melded-1n -the-home, hu lou;abt
•on mined to try hihett. he could effect ii et Of.. it, by call- he chat
th. ihh, " Murder—Robbery—and Rescue!" in thehope tality;
ed, of raishig at mob in his Ueletif to prevent the.execn- bet, chi
vas tioneelthe warranty Now, if any violenoe had 'been Mien A
ar- toed it has not till 3fter this outraeectis conduct had would 1
out made it necessity. One of the cif:x:l, -io come- he hzol
ece quence of the efforts lie made, was actually knocked Below
rah. down by some person in the crowd. Mr.-Capper sae, hie
the offered to pay him every attention. but his digner case w
the was then too much offended to lee him accept of charac
ive those accommodations which were at -hie ovainund. the oth
to On his way to Harwich he acted-a shnilarpart. He Hams
ee. struck one of the officers, • and endeavoured to excite Win i
be the populace to attempt a rescue. When at Harwich whole
his he had been taken befo: e the Mayor, who hadlooked asked'
ley at the warrant, and explained to him tile necessity of be gra
uf. yielding obedience to it. Ile was then oared his gate tl
nto portfolio, but as he understood General Las Cash's the Lc
ace had been detained some time waiting for his papers, traord
vas he prefered having it sent after him to Hemburgli. friend
of He could only say this, he was confident no officer mined
his from the Office of the Secretary of State would have gallai
ral committed so brutal an outrage as had been charged He m
ick on them. Ile would now leave the case to the-Leese !odor
the till the time arrived at which it could be fencer time el
his discussed. Was,'
the Mr. F. DOUGLA°'. thought his Hots. Friend (Mr. recou
he Lambton), had made out a else which called ur- wool
it- gently for inquiry. He knew it was customary for teen
an Honourable Gentlemen on the opposite side of the with
he House, to meet statements of ;theses by reflectiees TaCte
te; on the characters of those persons on whose veracity The 1
Dc. these statements rested. No douht the same of Ge- no st
He neral Gourgaud, and the remembrance of his pollti- has 1
of cal connect.oas, were apt to excite prejudices in suer:! • whil.
. a persons' minds; and perhaps he himself was not al- a syi
us together free ft um those preiudieek Bet still a breach :le
'ed of the law of the land—a breach of that prinephr hie
on which regulates our intercourse with fteeign notiors, it w
Olt as well as of the principle which protects our Inter- us a
as, nal property—the Neese were bound to watch nit's tie
re- peculiar jealousy. The cuestion rmecting Cenral teo
tly Gourgaud divided itself into two branches. The Eiht eg,
his was, his having neglected to d.errend that he shored iii;
in- be carried before the Privy Council. They must all --
.a,
an recollect. in the debate en the Bel, how much stress tie
lad was laid by the Geetietnen opposite. on that part 01'• es;
situ it which provided 'that the Alien should have an ate ~e
th, peal to the Privy Council : but how did the Honed:-
eae able Geatlernen (Mr. H. Clive) meet this point? tic he,
Fes had avid- that General Gintrgaual did not require r ee
:ed be brought before tiie Privy Coot. cif, but before a. ter
..he Maeistrate. Good GOD ! were :ores to be eluded or ia
•ed such quibbles?—(_leer. hear.) it was the duty of do sir
odo officer to inform General Gourgaud what course :e dr
!en' should pursue. This treatment ues not generous:* he
'to' Diu the reverse, it wire both ungenerous and unjush-- rt
h ? (Hear, hear.) He would apreal to those who, like h
en, himself, had occasianally found themselves friendless ti
he ha:Urgers in a foreign country, ignorant of the laws h
ce,- of that (wintry and the'requiations applicable to fo
..ed ehigners, how they woohi have. judged of sindbar ti
et,. :conduet towards themselves? Ile should say a, fey h.
ill hehitie on the °other branch of this cuestion—the set-
-
I
ge, tutieni the General's propel ty. If his paters sae:: c
.....
"V !not: do be examined when brought before the l'le
hie Couhcil, . why had they been talZea aw i
ay et he , e
• .
. ,
-
ee..... X 11,.. . ' - • - • • ' 1
aeiothe - h.
- eade-emaheahei-etee - ----- --.