The Press. — London, England, 1858-04-10 00:00:00

Bfundesor, or that occupies (if it really does occupy) the Mokundarra pass." In the Bombay Presidency there was nothing new of interest. The Saw unt Waree rebel is not yet secured, owing to the difficulties of the country ; but be is rebtrained within his mountain fastnesses. TRooPs FOR INDIA.—By the last mail from the Cape, we learn that H.M.S. Simoom, Commander J. li. Cooke, was to embark at East London, near Buffalo Mouth, the 73rd Regiment for Calcutta, as soon as the ship had undergone repairs, rendered necessary from ber continued exposure dining three voyages in the South Atlantic and Indian waters. This fine ship has conveyed nearly 3,000 troops to India since the commencement of the mutiny, in addition to the 33rd Regiment, which she sailed with from Dublin in February, 1857. The Simoom MRS the first war•steamer that landed troops at Calcutta, baying been stopped at Singapore when en route for Canton. THE PRESS, APRIL THE CASE OF THE " CAGLIARI." THE official correspondence relative to the Cagliari has been published. It is of great length, and con tains every letter that has passed between the three Governments of England, Sardinia, and Naples on the subject. The opinions of the late law officers of the Crown upon the legality of the seizure, and as to whether Watt and Park could be bound by the voluntary surrender of the captain, as well as the instructions given by Lord Malmesbury to Mr. Lyons, are all printed. But the most important section of the correspon lence relates to an important mistake made by Sir James liaison in signing a despatch to the Sardinian Government, the words of which had in error been altered from those of the original draft by Mr. Erskine, the Secretary of Legation. Lord Clarendon, it appears, had instructed Sir James Hudson to ascertain the views of the Sardinian Government upon the point of the capture of the Cagliari, and it appears that Mr. Erskine so altered the original sentence as to convey to the Sardinian Government the notion that her Majesty's Govern ment " objected "to the capture. The following form the most important letters in this portion of the correspondence : THE E►RL OF 31 \LIIESBURY TO SIR J. HUDSON. Foreign•ofce, March 13th, 1k.58. I have to instruct you to send ininiedirely a copy of your letter to M. Cavour, of the sth of January, respecting the Cagliari. We only know of its existence from the Minister of Sardinia here, who gave us a copy three days ago. You will state at the same time on what authority you say in it that " her Majesty's Government are dis- posed to object to the Neapolitan proceedings in regard to the pursuit and capture of the vessel." slit J. HUDSON TO THE EARL OF MALMESBURY. (Received March 18th.) Turin, March 15, 1858. My Lord,—With reference to your lordship's despatch, instructing me to report on whose authority I have said that " her Majesty's Government are disposed to object to the proceedings in regard to the pursuit of the Cagliari," I have the honour to state that, upon the receipt of Lord Clarendon'a despatch of December '26, 1857, I made a minute upon it for the Chancery of this Legation, to the effect that its substance should be embodied in a note, requesting to know whether the Sardinian Government was prepared to object to the capture of the Cagliari, on the grounds stated in that despatch, and I have the honour to inclose herewith a copy of the draft of that note, as filed in the archi►es of this mission, which draft I ap proved, and sent back to the Chancery to be 2opied. Upon receiving your lordship's orders to state on whose authority I said that her Majesty's Government were pre pared to object, &c., I referred to the draft, and found that I had not said so. I consequently went to the Sardinian Foreign-office, and requested permission to see the original note I hail sent in to the Sardinian Government, a copy of which I have the honout herewith to inclose. Upon perceiving the difference which exists between the draft of the note and the note itself, I called upon the gentleman who copied the latter from my signature to account fur the discrepancy between the two, and I have the honour to inclose the statement which he has male to me. With regard to my own negligence in this matter, for of course I sin responsible, I have to state that it has not been my habit to compare the notes I sign when I have once approved the drafts with ►he drafts themselves, and hence arose the error in question. My reason for not instructing the Chancery to send to the Foreign -office a copy of my note to the Count de Cavour was that I considered it unnecessary to encumber the despatch with useless matter, as the note was (intended to have been) a mere transcript of the terms of the de •patch.—l have, Sc., _ (Signed) JAMES HUDSON. DR FT OF NOTE FROM SIR J. HUDSON TO COUNT CAVOUS. Turin, Jan. 5, 1858. Sir,—Her Majesty's Government having had under their consideration the proceedings taken by the Neapolitan Government in the case of the Cagliari steamer, with reference to the detention of two British subjects found on board that vessel, I have been instructed to ask yonr Es cellency whether the Sardinian Government mean to object, ftc. (See despatch of December 29, )807.) 10, 1858. trust, therefore, that your FaceSem will have the good ness to state to me, for the information of my Govern ment, whether the Sardinian Go%ernment is of opinion that the Cagliari was voluntarily sin rendered by the master, or whether it will be contended that she was seized by the Neapolitan frigates beyond the limits of the territorial jurisdiction of Naples.--I have, (Signed) J. HUDSON. SIB. J. HUDSON TO COUNT CAVOUB. Turin, Jan. 5, 185 S. Sir,—Her Majesty's Government having had under their considela..ion the proceedings taken by the Neapolitan Government, in the case of the Cagliari steamer, with reference to the detention of two British subjects found on board that vessel, I have been instructed to acquaint your Excellency that her Majesty's Government are dis posed to object to those procee dogs on the ground that the Neapolitan vessels of war had no right to pursue the Cagliari, and to capture her beyond Neapolitan territorial jurisd.ctit n. In the opinion of her Majesty's Government, a ship of war of one country has no jurisdiction over a merchant vessel of another country on the high sea. She is entitled to demand the production of papers to prove nationality, but if that character is established the ship of war has no right to interfere, unless the merchantman should be caught in the actual commission at the time of an act of piracy. _ _ _ But no such act was committed at the time by the Cagliari; she was peacefully punning her vo3age, and, for anything the Neapolitan ships knew, was returning to Genoa. It is true that the captain and crew are stated to have been on their way to Naples, with the view of voluntarily surrendering themselves and their vessel to the Neapolitan authorities; but it appears to her Majesty's Government that it would be a mockery and an abuse of terms to say that those men voluntarily surrendered themselves to the two Neapolitan frigates, which had fired to bring the Cagliari to, and which were prepared of course to sink her if she did not surrender. I trust, therefore, that your Eteelleney will have the goodness to state to me, for the information of my Govern ment, whether the Sardinian Government is of opinion that the Cagliari was voluntarily surrendered by the master, or whether it will be contended that she was seized by the Neapolitan frigates beyond the limits of the territorial jurisdiction of Naples.—l have, de. (Signed) JAMES HUDSON. MR. ERSKINE TO SIR J. HUDSON. Turin, March 15,1858. Sir,--In compliance with your directions I have com pared the draft of your ncte to Count Cavour, of the sth of January last, with the note itself, and I deeply regret to find that a very material alteration was made by me in the wording of the first paragraph of that draft. To the best of my recollection the Earl of Clarendon's despatch of the 29th of December last was sent into the Chancery, with a minute in your handwriting in these words : " Address note putting this question." A draft note was accordingly prepared by me, and sub mitted to you for approval. The draft so approved by you states I have been instructed to ask your Excellency whether the Sardinian Government mean to object, Jec.," whereas, in the note itself, I substituted the words, " I huve been instructed to acquaint your Excellency that her Majesty's Government are disposed to object to those proceed- it.r, dm" Yon will perhaps have experienced the difficulty of literally transcribing a paper of your own composition, and I can only in this why account for the alteration which onurrel. On taking the note to you for signature you were, doubt less, under the impression that yon were signing a note in precisely the same words as those used in the draft, and pr3bably did not read the note with sufficient attention to notice the alteration I had made. Whatever blame is due for this most unfortunate blunder most be borne by me exclusively. You will not, I truer, hesitate to explain to the Earl of Malmesbury that you did not knowingly employ an expression implying that the British Government were "disposed to olject" (to that of Naples) " to the proceedings taken in the cue of the . . IN hat I probably meant to say (but this is scarcely to the purpose),' was thsc " her Majesty's Government are of opinion that the Neapolitan vessels of war had no right, 3.7 c.," that is to say, that they take objection to the capture, but not that they pledge themselves to urge that objection upon the Neapolitan Government, and this latter is evidently the interpretation given to your commudication in Count Cavour's note of the Bth of January have, &c., (Signed) E. M. ERSKINE. THE EARL OF MALMESBURY TO SILL J. HUDSON. Foreign-office, March 18, 18,58. Sir,—l have received your despatch of the 15th inst., in reply to my despatch of the 13th inst., requesting to be informed on what authority you said in your le:ter to Count Cavotir of January 5, that her Majesty's Govern ment were disposed to object to the proceeding.; in regard to the pursuit of the C'wlfari; and 1 have to state to you that your explanation is unsatisfactory, and that Mr. Erskine's conduct, in making so material an alteration in the sense of your letter, without calling your attention to it, is quite inexcusable, and so you will inform him, by niy direction.-1 am, &c., LLILESJI CM% In a letter fr3m the Maquis D'Azeglio to Lord Blalmesbuty the Sardinian Government " request the concurrence and, if need be, the co•operation of the British Government to bring this important stfair to a successful termination." In reply, Lord Malmestury says he will take the matter into consideration s but he points out that Sir Junes Hud- 353 son has misunderstood the instructions he received from Lord Clarendon. The Marquis D'Azeglio re plies that he does not consider himself in any way authorized to make the slightest remark upon the importance of a misunderstanding of this sort, of which he received the first intimation from his Ex cellency in his interview the day before yesterday : This importance can only be equalled by that which an assertion so positive, coming from her Britannic Majesty's representative, must have had in the councils of the Go vernment of the King. The opinions of the English Government have too much weight with the Cabinet of Turin not to have exercised an important influence upon the deteaminstions taken at that Line. But, on the other hand, the undersigned is persuaded that he faithfully represents the sentiments of his Govern- ment in affirming that, in a question of this importance, facts ought to be taken into consideration rather than documents; and in expressing once more the hope that, in consequence of the documents which have thrown a new light upon the capture of the Cagliari, and in conse quence of the legal arguments which clearly prove, in the view of :he Cabinet of Turin, the right to question the Neapolitan jurisdiction either to decide upon the capture or to try the crew, that the inadvertency or mistake may become a truth, and that the two Cabinets, relying upon the same principles of international law, may act in con cert to demand that which is their due. At all events, if abandoned to its own resourees, the King's Government has fully decided to follow up this affair with the prudence and moderation which have characterized its acts hitherto, but also with the energy and firmness which the feeling of right and the national dignity inspire. Tho correspondence between Sardinia and Naples is extremely animated : If it was believed, whether right or wrong, that there was any cause of suspicion or just motive of coirplaint against the captain or crew, such complaint should have been ad• dressed to the Sardinian Government, or brought before the Sardinian courts of law, who were alone competent to hear and adjulicate them. The capture in open sea, and in full peace between the Crowns of Sardinia and Sicily, was a flagrant violation of the maritime lens ackn3wledged by all nations, and from the observance of which no nation has the power of excepting itself. TO MB. LIONS. Foreign-office, March 2.5. Sir,—Her Majesty's Government have learnt with much satisfaction the release of Watt and the removal of Park from prison. 'you will therefore state to M. Carafe that her Majesty's Government api reciate these acts of the King of Naples as resulting from the friendly feeling which his Majesty expresses towards her Majesty's Govern. ment ; but, at the same time, you will state that they can not admit that the prima-facie evidence wt ich was pro duced, as far as it is at present known to her Majesty's Government, could justify the prolonged conficement to which these British subjects have been exposed, and from which thry have so severely sufiered. Her Majesty's Government still believe that the engi neers Watt and Park were entirely ignorant of the con spiracy to seize the Cagliari, and were throughout acting under durance.—l am, itc., MALYESBURY. THE EARL OF The following gives the statement of Park as to what took place at the time of the capture of the Cagliari : ACTING•CONSCL DIUBAR TO MR. LTO2:6. Naples, March 24. Sir,—Pursuant to the request contained in your letter to me of yesterday's date, I beg leave to state that I ques tioned Park as to the exact details which followed the lending at S•ipri, es well as what measures were there taken by the master of the Cagliari steamer, and where they first saw the Neapolitan frigates which subsequently captured the Cagliari, and I have obtained from Path the following statement, viz.:—That when the Cagliari arrived at Sapri the individuals who formed the band of insurgent's that had embarked at Genoa, with the exception of the three chiefs, seeing the insufficient number of men that they bad embarked at Ponza to carry out their revolutionary plans, requested the master to take them to Sardinia, or back to Genoa; that the master refused to do so, giving as a reason that he had not coals sufficient for the voyage, and must proceed to Naples for a supply ; that when all the insurgents had landed, the master called the bona fide passengers and crew together to consult as to what should be done, and proposed that they should all proceed to Naples to inform the Neapolitan Government of the violence to which they had been subjected, and to inform, as well, their own (Piedmontese ) authocities of all that had occurred. This proposal met with universal approbation ; and on the night of the 28th of June, immediately after the land ing of the insurgents, they steered for Naples. At 8.30 J the 29th they first sighted the Ntapulitan frigates, at which time the Cagliari was directed on the centre of the Island of Capri. That the moment the frigates were dis cerned the master ordered the helm to be put down, and altered his course so as to meet the frigates. That from the time the frigates were seen until they were met by the Cagliari about one hour and a quarter had imaged. That when the master went on board the frigate Tancredi the Cagliari was distant about ten miles from Sepri. Nothing particular nassed with respect to Park himself. I beg leave to add that, accompanying my despatch of the 2nd inst., I had the honour to transmit to the Secretary of State a book ptfolished by the counsel for the defence of the Cagliari, terniPd " Difesa del Cagliari," which coutsios all the facts u well as a map &bowing the exact spot where the Cagliari was eaptured.—l have, Sc., IL. J. BAJukaajl, rTlOtgi