The Statesman.
London, England, 1814-12-29 00:00:00

THE STATESMAN:

:;

so. many calamities, she breathes again under the known to the Director-General of the Poll
government of a legitimate Klieg. Oblivion of the to the Gosernors of. the Ist end 2d Militt
past is promised by him. The constitutional charter sions, the orders relative to General Is'xce
l
guarantees oar rights. The late Government is as order that each in his' department should
if it had never been; and may deem itself happy, 'carrying them into execution.
were it in our power to forget the calamities it in- However, on the 14th, the orders still
Meted. - !onolieyed :es proofs of this, the Minister
The following are the conclusions which the Com. ter of. the General,, which declared his ititete.
milles has come to en the two Petitions:—They remain in Paris, and another from the Governor,
deem it certain from the enquiries they hare made, announcing his formal refusal to obey. The reporter
that the Petitioners did not receive the money which also here read the order, placing the General under
should have been allowed them for their maintenance guard of an officer and two gendarmes.
in pursuance of the decree of the 3d of March, 1810: Things remained in this state till the 18th, •on
also that their 1111111ri were not entered on the list of which day the Minister repeated his orders, with a
those for whom such funds were provided. That the declaration that if the General did not obey within
late Minister, either from want of adequate funds, or 24 hours, he should be. .considered as in a state of
from some other cause, constantly refused to grant disobedience, and should incur the penalties pro-
the Petitioners the foer francs which the above de- ! flounced by military laws ; he added, that the Gene.
cree assigned to them. j rat, on his arrival at Bar, should receive new orders.
This. was doubtless very unjust end cruel treat- . It would appear that this, also, was ineffectual;
went: they were entitled to complain of it. The for, on the 19th, the Minister wrote anew to the
Jaw was violated in regard to them; this can admit Governor of Paris, that it was the King's intention
of no doubt. ; that General 'Excelmans " should be arrested and
After the restorationi they applied to the Director- conveyed to Soissons, there to remain under the
General of the Police of the kingdom. reply inspection of gendarmerie, until orders should be
was, that the head of the late Government had no- given for patting him on his trial."
placed at the disposal of the Duke of Rovigo funds Those who took an interest in the fate of General
sufficient for the pay of all the prisoners of state. lie Excelmans, in vain attempted to prevail upon him to
expressed his regret to the Petitioners, that it was not obey. But, after the orders for his arrest and his re-
nt that moment in his power to indemnify them ; but fusel, it was thought that his apprehension by an
be invited them to prefer their Claims to the Tribe. armed force could not.be dispensed with. Accord-
eels against the old agents of Government,—claims ingly, the General's Petition states, that a picquet
Which would necessarily be ineffectual. of infantry and cavalry appeared before bichouse at
Nevertheless, as it was possible that the Police three. o'clockin the morning : that it threatened to
might latterly have funds enabling them to grant re- break open the doors; that it retired, on being told,
lief to the Petitioners, and as additional proofs might that the first man who entered should be shot; in
he procured, which had hitherto escaped the present short, that it was on the morning of the 20th that
Police Magistrates, the Chamber would probably Baron Grundler made hia appearance, accompanied
• think that it was proper to send back to Government by six gendarmes." The Petitioner adds, 46 that the
• the Petition of these 19 state prisoners. As to the matter bad not been certified to him by any written
separate Petition of M. Grisolles, relative to the' order; not knowing whether the gendarmes whe
cruelties he had experienced, and the continuation oft, guard me, may not brie orders to carry me off this
the prosecutions ordered by the Grand Judge, it (eery night, I place niyielf and my family under the
would be proper to send that also to the Govern- protection of the Chamber."
ment. The crimes of which complaint is made arel General Excelmans having, however, on the 20th
provided for by the laws. If proved, they must be passed into his wife's apartment, where the Officer of
punished. the -gendarmes did not follow him, succeeded in es-.
• The petitioner seems to have thought that the char- taping. The Minister of War immediately gave
ter of the 4th June rendered the old Ministerti as notice of the escape to the Civil and Military Police.
• well as the new impeachable by the two Chambers. This last circumstance gave rise to the searches corn-
.•
This was a mistake. The Constitution of the year plaited of by the Countess Excelmans, who states
:i•twight contained enactments quite different. The that her physician was debarred from access to her,
• Ministers and Agents of the departed Government although his advice was essential. She adds, that
• could not be
-accused for acts done in the exercise of i the searches, directed by the Adjutant-General La-
their functions, but by order of the Sovereign given horde, were executed with great rigour (that 'he
itt the Council of State. It was the King, therefore, broke open a letter addressed to one of her brothers ;
whom the petitioner should address, and not the that, in fine, during the whole of the 20th and 21st,
- Chamber, as the Duke of Rovigo, former Minister the house, the court-yard, and the garden, were
of Police, was nit impeachable by it alone, and as a- filled with troops, and that there was even a great
dee'sion of the Sovereign was previously necessary.- number of sekliers in her anti-chamber.
From these considerations, the Committee proposed Such was the state of the facts. The questions
• that the petitions should be sent to Government. which resulted from them were, whether the orders
• The Cimsesber.decided accordingly. emanating from the Minister at War could be given in
consistency with the existing laws ? whether the
°CASE OF GENERAL EXCELMANS AND HIS WIFE. bearers of these orders did not carry therreinto ef-
• -N. CHALLAv, from the same Committee of Peti- fect with unnecessary rigour; and if so, before what
• lities, rose`to give an account of those.presented by t authority the whole matter should be sent
• Lieut.-General Count Excelmans and his wife. General Excelmans appears to have thought, and
The General, he said, complained of having been , this conviction probably guided his conduct, that no
'kept under restraint in his own house, by an armed different course could be Plinked' towards him than
` force, by order of the Minister of War, almost at towards any other domicillated citizen. The Mi-
the moment when that Minister placed him on the nister at War, on the other hand, viewed him as a
• half-pay list ; and the Countess Excelmans complain- !•military man, and, therefore, subject to all the or-
'ed of a search made at her hotel after the escape of "dinances a hick regulate subordination and discipline.
.fier husband, who thought it incumbent on him to f On this paint, thitt, it appeared, that the Minister
• withdraw from a restraint which' both he and his declared the General placed in deini-adicitc, and the
'wife regarded as arlsitrary: 'General considered himself as Placed in tion-actiofte.
The Committee would only present the substance It was the opinion of the Committee, however, that
•b€ the details, and sad a few observations !no Officer on half-pay was juitified in deeming him-
'mai Excelmans, it appeared, was charged with a mill- ! self independent and out of service. If it was con-
:tatty offence of sufficient magnitude to call for a sidered. also, that the offence which called forth the
special report to the King from General Dupont, . "orders of the Minister was committed at a time when
the Minister at War. The object of this report was , the General was in full activity, it will not appear
to cause General Excelmans to be brought to a Court- !Surprising that the Minister should deem himself au-
iVlarilal. But the recollection of the General's ser- ...horised to act towards the General in conformity to
vices, and the King's goodness, determined his ! the military laws, since a partial dismissal does not
Majesty not to enforce all the rigour of the. Ordi- exempt him from them who has incurred it.
fleeces. The Miniater of War (says the petitioner) The Minister might, therefote, either prosecute
sent for General Ezeelmans, and desired him to
the dente with whirls the Get was charged, or
-
be more circumspect in future. • pfiish the disobedience of which e had beeis guilty.
tal t
• Tire• Marshal Duke of Dalmatia, being called was in said that he urged the right he thought he
the Ministry of War, took the inetructiens of the , had acquired of remaining in his domicile; the obe-
King anew, and on the 10th of this month, trans, dience of a soldier was his first duty independent of
',Bitted to General Excelmans an order, of which the : every other consideration ; it coustituted the strength
following is a copy : of armies and the safeguard of the citizen. The
" Paris, Der.lo. i Chamber had nothing to do with any charges against
the General ; that wee a matter entirely for the con-
: sideration of a Court-Martial.
The Minister, then, had not in any legal point of
view exceded his'powera; and the next question was,
whether the subaltern ';gents had not used excessive

I

" Mows. COoitt,—l have the honour to inform
you, that the King has admitted you to half-pay ac-
cording to your rank. Ills Majesty's intention is
that you shall enjoy it at Bar.sur.Ornain, in the de.
partment of the Meuse, the place of your domicile,
and that you immediately repair to that town, I
desire that yen acquaint me with your departure for
the information of his Majesty."
• The General's answer—.-

An. Mails.. . . Dno
0
0 • Lisbon ' I
•
1 • Hambnr ' • • 0
.0 - • Holland... . A 1

THE STA.TESM4N.

LONDON:
THURSDAY DECTMIIER 29, 1814.

Government, that they migh
it contained: This motion
an abstract of reasons on
the Chamber might appear
Committee was strongly supt
ing was moved. Animated de:
place.
M. Dzsaux proposed the adjoernment of the
question to the nest Sitting, on the ground that the
Chamber could not properly take it into considera.
Lion until after the papers annexed to the report were
printed, on which the opinions of the Deputies must
be founded—pfermurs.]
M. DUHOLARD.—We wish the maintenance of the
Royal authority, the maintenance of the lows, and
of military discipline. The Report of the Commit-
tee indicates many wrongs.: but as public liberty
does not require precipitate measures, I support the
reference to the neat Sitting. As to Madame Excel-
mans, of whit does she complain ? Of acts of vio-
lence which have disturbed her personal security,
her health perhaps. I do not find fault with a sol-
dier for obeying superior orders, but the manner in
which they seem to have been executed by the prin-
cipal agent. fdo not condemn him, but I &tar hit
condpct ought to be examined into. We gee no-
longer under the reign of despotism ; and ir unmet es-.
miry acts of rigour have been committed, I most be
the wish of the King, of the M:eister, and 'roar%
that these acts should be punish '. Ile supported
the adjournment of the question till the next hlttlei„,
when the report and documents could beprinted.,
1 M. Beoocir.—l mean neither to support thepeti.
tion nor to justify the petitioner; his conduct wilt
be examined by a Court-Martial ; but I must oppose
the report of the Committee, vihich appeared to pre-
judge the question, whether an officer in non activite
is bound to obey the orders of the Minister at War.
A Court-Martial can alone decide upon this. The
Chamber should not in any way interfere with mat-
ters without its province.; still less prejudge a point
now actually before a Court-Martial. I demand,
'therefore, that the abstract of reasons be suppressed.
The KEPORTaR.--I must observe, that opinions
were divided in the Committee; most wished the
ab-
strict of reasons. This ppiuion was adopted for
reasons which I cannot explain to yOu. -[frilte?
cried a number of voices.]—l think, however, that
the proper way would be to pass simply to the order
I.
of the day on the Petition of the General. The
Chartil:er will decide for itself.
M. DURRACH ascended the tribune : the confusion
of his ideas and the noise in the Chamber prevented
us from perfectly .understanding his opinion ; he,
1 however, appeared to concur iu voting for the post-
ponement to the next Sitting.
M. BOUCHARD succeeded him, and placed the
question in its true light. lie said, that whatever
might be the opinion of the Members individually,
they should guard against exercising, any influence.
It was not the business of the Chamber to pronounce
—this affair was taken up by the competent tribunal.
i He concurred in voting for the Order of the Day.—
[Cries of Question !]
M. CHANTEREINE defended tile Committee, and
maintained that the Report prejudged nothing.

. _
Other Members succeeded him; and finally, after
souse debate, the ttraer of the Day was carried on the
Petition of General Escelmans, and that of Madame
Escelmans was referred (a the Government ; but it
was agreed, that the abstract of reasons should be
suppressed.
For a similar reason it was agreed, after some dis-
cussion, that neither the Report nor the Documents
should be printed. •

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rigour iii the execution of their orders. As to this
point, the Chamber must hate obseived• how long a
time elapsed between the first order and the moment . A Hatnburgh Mail is arrived, hringingadeices from
when an overpowering force was pat in action. It
Vienna of the 15th. They are rather important
4' Paris, Arc. 10. • was obvious, that during this inter* l; the Getieral
"MT Loot*,—The profound respect which I shall .might have 'celled in the iateeverl pn of I ciiii ise the present state of our information from tbal..
always have for.the pleasure of the King, as well asi officer • the romps of the Genera vAse siva `capital. The political horizon is still very variable
for the orders at you?, Excellency, would have ic• the subaltern agents of eltielifirge ,-* for' if 'they had there ;it is again clouded, but etpectitioes are in.
we dot havoteeesed am' • 444 that the • ' • •
staistly prompted my depirt ure from -Paris, if Madame l. beer, less facile, they tnserensty again visible will wear
way without occasioning any tremendous explosion..
Escelmaiss was not at ink *moment on the eve of her selves: to be grim& blithe* turn before a Court.,
scrouchement, anti if I was tilil *field that my sad-' Martial. The ComMittee would not venture to s .
Excel. On the 10th, it seems, after a considerable interrup,
den departure, for a cause so unpleasant, might ' assert, however, that the search in Madam
lion, the first conference on the affairs of Europe
inflict upon her a mortal blow. 1 man's house was conducted with equal moderation.
" I beg that your Excellency wilt have the good. ' Deceived by their. first confidence, .they may have took place ; wonderful dispatch of business ! and the
npes to explain to his Majesty my sits:4oons that he been more rigorous afterwards ; and tbeiknxiefies of consultations of the German Committee, had in like
may grant me a delay till my wire is out ne,danger. i a wife, alarmed and In pain, may havelexaggerated manner been suspended ever since the frith Net.
" Your Excellency will permit me. to observe, what is necessarily painful it) these proceedings. . !sh
' e conferences, it is stated, have been resumed, Ant
that I have no possession any *here i and th:l4,, for
,' But it may be presumed, that in this instance French
the last twenty years, I have bad no other assaileile • soldiers did not belie their ordinary. character; if it are still much perplexed by protests and contentions.
bat at Paris. , . .11/4 was otkerwise the justice of the Minister could suf. Nothing is said of the conciliatory note of the Russian
" It is, therefore, not a little painful tor tae to Sciently punish them. His character is known to Minister, and we are left in equal ignorance
see myself this torn from my family and affections, ' yon, and the Chamber may leave to him the exami- as to the answers that may have been returned to it.
after 20•years' service, often paidel, never lucrative. station of i,tch complaints, which are wholly within But it would appear from what is, stated, that there
" I am, etc. , his funclieetess , it considerable effort necessary to 'make the stay of
I
(Signed) • " EXCELMANS." i The It then paid several compliments to
The Chamber would see, continued the Reporter, General Excelibens, whir, he said, had sacrificed a the.oegociating Powers at Vienna at all agreeable.
that the excuse of the General was founded upon foreign fortune, that he might not renounce his The Kings of BAVARI 1 end WIIATtatIIERG seem &
two grnusels, both foreign to that which give rise country. He trusted that hiss saevienes and exploits have left,itin disgust. • Poland and Saxony are sill
to the report of the Minister. The first was the in. would not be forgotten beforethe Ceurt.Martial; and , the chief subjects of dispute. There are some state.
dispdsition of his wife, the second the error into added, that the General had written to his Majesty, •
In H
vents in the following extracts from the ambergh
which he believed the Minister to have Sallee relit. k, protesting to him his attachment.'
•
live to his domicile. But the Minister,,who knew - He concluded with moving that the Charm pets ,suspicious, but they' are of interest. The
the -Roses which rendered it necessarythat the Gene- sbould pass to the Order of f the pita Loss Genet! .. proceedings of the I-anoretiult States aro attract-
rat shoald not remain. at Paris, op his part, made Ea,celataas' I' 'deaf sad that IWO wife "balk' •Ws considerable al tention : •• . .
.
• . . .
.• r '

()lice, and be transmitted to the C
Lary Divi- exaniine the statements
Imam, in wad accompanied with
assist in Whi* thstA•eizion of
, fonesded.
remained., The oPinion of the (
had a let - polled, and the printing
tention to bates, however, took p