The Sun.
London, England, 1864-02-23 00:00:00

The Seizure of the Pamper°.

Oa Saturday the Solicitor-General of Scotland
(Mr. Young) was heard before Lord Ormidale, in
reply for the Crown, on the objections to the infor-
mation in the case of the vessel Pamper°, lately
seized in the Clyle. He said that this case was the
second that had arisen under the Foreign Enlist-
ment Act, the only other case being that of the
Alexandra, with which the present one was iden-
tical in character, however much it might vary in
circumstances. The facts might entitle the Crown
to a verdict in the one case and not in the other, yet
on all legal questions occurring under the statute
they were precisely alike. Exactly the same infor-
mation tad been presented, and if the Crown's in-
terpretatiou of the statute was right in the one case,
it was also right in the other. No doubt the infor-
mation was exceedingly long, consisting of 98 counts,
but, as stated by the Lord Chief Baron in the Alex-
andra case, all the counts resolved at last into this ques-
tion—was the vessel, as it stood at the time of the
seizure, liable to forfeiture under the statute? He
hought the learned counsel for the defenders were
wrong in urging their objections at this stage. It
was no doubt competent for the court to decide on
questions of relevancy before trial,but it was equally
competent, and would have been more convenient,
to raise any legal question at or after the trial. The
defenders had asked the judge by interlocutors to
reserve their objections, but this course was objected
to by the Crown on the ground that they were not
entitled to reserve by expression anything that was
not reserved in the statute by implication, and that
to introduce express reservations in this way would
lead to confusion and uncertainty in the course of
practice in such cases. Iu the Alexandra case the
same objections had been taken, but not in the way
of attempting to prevent the case going to trial.
There were two courses which it would be open for
the court at the trial to take—either to direct the
jury as to the meaning of the statute, and leave that
direction to be challenged by exception, or to ask
the jury to dispose of the facts on the assumption
that the information was good in law, leaving that
question to he decided on the motion to apply the
verdict. With regard to the objection that " to cruise
and commit hostilities" was not the intent of the
equipper, he admitted that the construction of the
seventh clause of the statute was awkward, but n.?
maintained that these words expressed the employ-
ment of the ship, and not the intent of the equip-
per. The equipper intended that the ship should
be employed to cruise and commit hostilities, but
while that was the intent with which the ship was
equipped, the employment was to be by some-
body else to whom the ship was to be handed
over. As to the objection that the word " arm',
was not charged with reference to the
alleged cruiser, it might be that the equipment did
not proceed to the extent of arming, and yet that
the equipment was made with the intent that the
ship should cruise and commit hostilities. It might
be that they could get no evidence further than the
act of equipment, and that they could not prove the
ultimate intention to arm ; but if they could prove
that the equipment, however far short of arming it
might have come, was made for warlike purposes,
then they could get a conviction under the Act.
Suppose the ship to bo an ironclad, and that sailors
and provisions only were put on board, would it be
reasonable to sappose that the vessel was only built
for a pleasure cruise? If it could be proved by evi-
dence or admission of the parties that the vessel was
not intended for a mercantile but a hostile purpose,
a purpose of committing hostilities against the
United States, a nation with which her Majesty was
at peace, then the Crown would be entitled to a con•
vletion under the Act. It was not necessary to
prove arming if they could prove the hostile pur-
pose, In conclusion, the Solicitor-General asked the

Judge, without regard to the defenders' objections,
to send the case to trial. The case was adjourned
till to-day.

tSPIRIT OF THE PUBLIC .TOITRNALS.

TIMES.—The first spirited debate of the Session
took place in the House of Commons last evening.
It was one of those discussions of which the end
might be foreseen by everybody, and yet the
1-ars were apparently as much in earnest as it
spear— -ice depended on a coming vote. The
victory ana ,
-qs tournament wielded their
knights in this harm...._ -4 dexterity as are sel-
weapons with such vigour au,.
ener-
dom seen in mimic war. Mr. Disrae, was as
getic against the Danish policy of the Gove:_gment

as if his own party would have done anything else
in their place, or proposed to do anything else now ;
Mr. Gladstone, to the uninitiated, might seem to
have really believed that the Government was three-
tened ; and Mr. Osborne and his friends might al-
most make one fancy them convinced that there is
a connection between Lord Russell's despatches
about the November Constitution or the Schleswig
guarantee and the Committee of Supply on the
Navy Estimates. The complaint of the Opposition
is that the papers on the Danish question have not
been laid before the house. The answer of the
Government is that they are very long, that the
Blue-book will extend to 600 pages, that it is not,
ready yet, but that, when it is, it shall at once be
published. This is the simple occasion of so much
caustic criticism and so prompt a motion of want of
confidence_ The length of time which Mr. Layard
requires for his editorial labours is a serious article
of accusation against her Majesty's Government.
From the delay Mr. Disraeli gathers that their fo-
reign policy is everywhere disastrous to the country,
and Mr. Osborne that they cannot be trusted to settle
the number of seamen and boys required for the year.
We know not why these gentlemen should be so
anxious to have these papers, for they have evidently
made up their minds on the question, and any-
thing favourable to the Government which may
appear in the Blue-book will rather irritate than
convert them. What with the newspapers and the
telegraph, the openness of our own politicians and
the passionate anxiety of those of Germany, wa sus-
pect that there is very little which remains unknown.
The substance of nearly all the despatches penned
by Lord Russell is in the possession of the public;
his recommendations and his promises are equally
well known; the sentiments of himself and his col-
leagues have never been concealed. Lord Palmer-
ston on Friday, Mr. Gladstone yesterday, have told
us what they think of German invasion, and the
subterfuges by which it has been accompanied. The
papers will only give us in detail the communica-
tions which have passed between England and the
two parties to the dispute, and let us know, perhaps,
more intimately the processes by which the Danish
King was led to recall the Patent of March, to relin-
quish Holstein to the Confederation, and apparently
to consent to that which we guaranteed be should
do—to repeal the constitutional union between
Denmark and Schleswig. In fact, though the de-
mand for papers furnishes the occasion for an attack
on the Ministerial policy, that policy can very weft
be understood with our present knowledge. We
may, then, ask what new light the Opposition
speakers throw on this question—what suggestion
they put forth for a better conduct of the business.
Is it, indeed, owing to any fault of the British
Government that Denmark has been thus outraged
by the two German Powers? Can it be supposed
that the invasion would any the less have been made
if we had abstained from defending the Danish
cause. Consider the first acts of the German Princes
three months ago. No sooner was the breath out of
King Frederick's body than the Duke of Coburg
pronounced the succession of Christian IX. to the
Duchies invalid, and blew the war trumpet through-
out the country. Then folio sued the claim of the
Frankfort Diet to settle the question between the
King of Denmark and the Prince of Augusten-
burg—a claim of which at first there was something
like a general recognition throughout Germany.
It was then that the first remonstrances of this
country were made against the proceedings of the
Diet, and we are glad to believe that if they have
nad no other effect they have forced Austria and
Prussia to disregard some of the extreme pretensions
of the Band. It was the British Government, en-
couraged, if not instigated, by the strong display of
public opinion here, which urged on the two lead•
ing Powers the due execution of the Treaty of 1852,
pointed out to them the unhappy consequences
which must follow from the violation of it, and bas
succeeded at last in obtaining from them an acquies-
cence in its own views. As soon as possible after
the late King's death the Federal forces entered
Holstein, and under pretence of Federal execution
effected a revolutionary movement. It was with
the approval, and probably under the advice of the
British Government, that the Danes retired from
every point in Holstein, and also recalled the ob-
noxious Patent of last year. Can it be said that
this was an unworthy counsel on our part to give ?
We do not believe it. It was the interest of Den-
mark that every pretext should be taken away for
the violence of Germany. Had Denmark held out,
the new King would, in the opinion of many im-
partial persons, have been in the wrong, and the
occupation of Holstein would not have been pre-
vented, for, since it was German ground, the Saxon
and Hanoverian corps, if repulsed, would have had
the right to call on the whole forces of the Band to
second them. Nor, if our Government had ceased
then to interfere, would the subsequent proceed-
ings of Austria and Prussia have been prevented.
Indeed, it may fairly be said that the energy with
which these two great States disowned the dictation
of Frankfort and resolved to act for themselves was
in a great measure the result of the remonstrances
and appeals addressed to them so continually by
the British Ministry. Had it not been for Eng-
land the invasion of Schleswig would undoubtedly
have been conducted by Federal troops, who would
at once have revolutionised the Northern as they
had done the Southern Duchy. • The remon-
strances of this country and the feeling which our
firm stand for public faith began to create on the
Continent, not only tended to make Austria and
Prussia take the affair into their own hands, but
show at length some desire to settle the question
without a direct violation of King Christian's rights.
Thus, though the aggressions on Denmark have
been scandalous, and the dangers of that State still
continue, it cannot be said that the remonstrances
of this country have been wholly a failure. Whether
the allies consent or not to an armistice—whether
or not they abstain from invading Jutland—whether
or not they agree at last to a personal union between
the Kingdom and the Duchies, yet, even before
papers are produced, every one can see that whereas
two months ago there existed in Germany a great
and apparently irresistible power, demanding that
the .Duchies should be conquered forthwith for the
Prince of Augustenburg, that power has now been
successfully resisted; the minor States, which com-
posed it, are muttering in dudgeon, and there is at
least a probability that the dismemberment of the
Danish Monarchy will at last not take place. But
the Opposition wants something more. Why should
they be always asking for the " policy" of the Go-
vernment, when they know well that it has been
simply an endeavour to maintain peace and the faith
of treaties by remonstrances, advice, and offers of
mediation. Mr. Disraeli alludes to the subject cau-
tiously, and merely taunts the head of the Govern-
ment by saying that his speeches are the heralds of
humi.iation to the country. But Mr. Osborne
speaks out more boldly—" While our allies were
being butchered the English Government is looking
on as a cool bystander, taking no measures, as fat-
es Parliament knew, to afford assistance." If all
this means that this country should depart from its
peaceful attitude and embark in a great war in order
to prevent Schleswig-Holstein from being severed
from Denmark Proper, the Conservatives or their
Radical ally should make the proposition in a direct
manner, and not by insinuations, like the Opposi-
tion speakers, or by such a motion as that of Mr.
Osborne. If it be really the fault of Lord Palmer-
s b..on's Government that they have as yet enounced
. .
no fin:Lee "policy" in the Danish affair—if they
be improper:: leaving the question to the House
of Commons
2,t will be necessary to take
some course to vindioste
.England's honour, which
of affairs, let those
who really wish for a warlike poi:."
express their
suffers by the present conduelt
opinions openly and at once. We
il
,Lk they will
have but few supporters in the country, vn ich be-
lieves that only a cause involving the stability. °f
the European system would justify England in
going to war on a Continental quarrel. The small-
ness of the minority which followed Mr. Osborne
shows what opinions the house holds on the matters
he treated. 'fo defer the vote on the Navy ti;) the
foreign questions on which the numbers of the
Navy may possibly depend are settled is certainly
to take the conduct of affairs out of the hands of
the Queen's advisers, and to presume beforehand
that matters in discussion will be decided so as to
make larger armaments necessary. As it is always
in the power of the House by a special vote to
make the preparations necessary for war, the suc-
cess of such a motion could only be interpreted as
a censure on the Government. The country will be I
of opinion that the conduct of complicated nego-
tiations with two self-willed military Monarchies,
though not entirely successful, has yet been such
that to blame the Government would be most
unfair; and the House of Commons apparently
concurs in this judgment.
DAILY NEWS.—Mr. Gladstone, whose very
speeches when proposing useful measures in former
years have been striking political events, appears to
be this session in the humour to do good by stealth.
The measure which he has proposed under the'
modest title of "A bill to amend the Law relating

,be
to Government Annuities," is really one °f :hat
hmost important considered as to its objects, for
as been laid before the House of Conicle°' ht
hmanyt years. Nevertheless, it has been brougtbe
e ore the House of Commons that it has Ptts'edyt is
firstab.fian and second readings without discussion. ,
for extending to the humblest classes 01 6 0
cietyad new means of making a provision for old
n for death,
risks and other drawbacks that attend the °a theirY
methods of doing so that are now witbi° ct e
which shall be exempt gold
trheach. All our readers may not be aw. 2,,,
under the Savings Bank Act 013 Y /the
son may now purchase a deferred annuity 'he
Government through the Post-office ; °tit ate
re-
purchase money must all be paid in one ettra-nris-
a PON. b
qinrement which may be fulfilled when
*Waking a provision for a dependent, but deafly
shuts the working man, who only very gr°`',this
accumulates- his surplus earnings. Accordiegll,oo
clause of the Sas:„"ge Bank Act has hitherto uro,
inoperative. In his n.".'
poses to chane the mode t.,'!" payment, c.nd eiesttil;
Post-office tog receive the purchase money i swat of
w bill Mr. GladstoneaPole
meets, a measure which would bring the Pwithie
purchasing the mean of support in old sgei, our
reach of the artisan, the servant, and the We" sill
keeper. The second part of the Goverohlrientazn•
relates to life assurance.. At present the u°'-ees'
went grants life policies for sums not exceed°4 de,
hundred pounds to persons who also purchesehspieg
ferred annuity, the two forms of insurance "iota
conjoined in order to protect the Governele°,.t.
life
fraud; but as in practice nobody wants both ; not
policy and a deferred annuity, the public °,°1031-
profited by this facility. By the new bill th 19.0 se
tation is got rid of, and the Government wlnt of
empowered to assure anybody's life to the eltre'ared
one hundred pounds, without requiring the sf3B ant,
person to purchase a thing which he does not %ft of
Any measure which offers a reasonable proeYenceot,
placing independence within the reach of the °toes
industrious, and careful among the poorer tiiefe
deserves to be cordially welcomed. We canaoturia or
that Mr. Uladatone's bill will encounterjeitiier iest
out of Parliament, opposition of a nature to Pre The
an unprejudiced examination of its merito',itp of
chief point to be determined is the practicahivloc
what is proposed. From the Chancellor's 81)°e6p,, t°
introducing his bill, we infer that he proPt
carry both his schemes into effect through the °e",,°'o;
of the Post-office. The pre-eminent advantett it;
this arrangement would arise from the fed ntl
the Post-office the Government has at its ce°, 1100
an oranisation which pervades and occtlPLe-,„sti.
United Kingdom as no other public or privatePiaat
tution does. There are companies which AgtO
policies of assurance for one hundred pounds oropett
half-quarterly premiums, but they canne'liege,
oto
ces and appoint agents in every town and culif
and they cannot take fortnightly or ni,ont.t7 are
stalments, as the Post-office could do. I°6'Blo°
ofalso Friendly and Benevolent Societies in 011 )010
the kingdom ; but associations of this order eat,
been so discredited by failure and mien:onage% io
and moreover most of them are SO accuste°',,ndii
train their members to habits of wastful 111';9 at
ture by their practice of holding their lueerirjrioo
public-houses, that large numbers of the ilidue:fee
and provident poor would rather take their °ld;
inof old age than lay down their money upon rlit,edetie,'
such security as the management of those sw;lit 15
can offer. If the Government can show? tha'olSce
possible to enlarge the functions of the r°°t,:ste
without impairing its efficiency for its proPei' tterh
ness, the safe and rapid distribution of our,,,heenght
and can thus offer new incentives to fore,- id by
and thrift in those who live by labour, it e. 111,00 °f
ail means be enabled to do so. The organiss:ol°
the Post-office belongs to the nation, and vit-ilitie°'
' all a right to the utmost development of ite ttdiott
Nobody would be injured by the proposed erLtet"
of the duties of Postmasters. The staterne°o So'
forward in the name of some of the Assur,,i3t-is °11:,
cieties, that the proposal of the Governroe—riee,w
interference with ordinary commercial enterP4' itibe
one that cannot be maintained. B aterprio ;it 0
as free when this measure has become law °office°
now.a And, in point of fact, the Assurance, a oer-
hve never attempted, or even contemplateeierntoot
vice to the public so extensive as the Go
oaf
now offers to undertake. But while we °lli-all
these be
grounds demand that the measure elisf
considered strictly with reference to its orrp.';esell
cannot profess to be satisfied that it is ill rlitiof
equally practicable. The first part, that_JAeraltY;
to deferred annuities, offers little u`—„iiseu'
thWhen age and identity have been ancern-roct''
e element of a contract of that kind er° r,,iest/
tally determined, and for this purpose `' iiie
intelligence suffices. But it is otherwise with,,,,eiple°
to
assurance. That business, according to the Pri-ary
onc which it has hitherto been thought rteees;slliel
onduct it, is one of the most delicate nature,"a
sa
ffor the exercise of peculiar tact, disericnin3tici-i:re
.rmness. And if they same minute inquirieetn-Soef
be made of the multitudes who are expeetetialo
to the Post-office for assurance as are nevi m'h-eeltb'
the middle and upper classes--if the habitOr rtiopth
land history of the assured, and of all his rebletici'
living and dead, are to be searched out---P;itee't
dent that the work cannot be done by a tner°,,i th°'
sion of the clerical staff of the Post-office' b"„-oeit3t.
a very considerable number of professional tkra's if°
ments will become necessary. On this Vivi
wait the explanations which Mr. Gladstone pis
doubt make when the bill is in committeeot
one thing to accomplish a great public bette.rigisi
moderate. enlargement of the functions of an "'suite°
public department, imposing on it fresh duties„otbef
tot the skill already at its command; it ie °`'w for
o create an organisation, substautialll oevrivot°
enterprise,
objects which have hitherto been left t°