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

The Seizure of the Pamper°.

On 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 Pampero, lately
seized in the Clyde. 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 had been presented, and if the Crown's in-
terpretation 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, andleave 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 be decided on the motion to apply the
verdict. With regard to the objection that" to cruise
and commit hostilities" syss not the intent of the
equipper, he admitted that the construction of the
seventh clause of the statute was awkward, but he
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 tLe
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 be an ironclad, and that sailors
and provisions only were put on board, would it be
reasonable to uppose 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-
viction 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 ease was adjourned
till to-day.

,SPIRIT OF THE PUBLIC JOURNALS.

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
speakers were apparently as much in earnest as it
victory and office depended on a coming vote. Tue
knights in this harmless tournament wielded their
weapons with such vigour and dexterity as are sel-
dom seen in mimic war. Mr. Disraeli was as ener-
getic against the D mush policy of the Government
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 threa-
tened ; and Mr. Osborne and his friends might a:
most make one fancy them convinced that there is
a connection between Lord Russell's desp Aches
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 he 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 weil
be understood with our present knowledie. 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 followed 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 Bund. 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
contiuue, 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 ilvadingJutland—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 far
as 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-
ston's Government that they have as yet enounced
n beo
ifielt tpi
rneg "policy" p
ely
leaving i the n
the
question Danish affair—if
totb e Htehueeye
of Commons—if it will be necessary to take
some course to vindicate England's honour, which
suffers by the present conduct of affairs, let those
who really wish for• a warlike Poleictlyb.exkPress their
opinions openly and at once. mr
have but few supporters in the country,they will
tlibeevesEtubraotp
European
ely
systetceam wuse,inevid justifyolving the
England
n
in-
e-f
going to war on a Continental quarrel. The small-
ness of the minority which
e opinionsd e
ferthe
ehh.o
votet s bowed Mr. Osborne
showshe
treated.what
eo holds onN atvhye mt
la; t ttebr
the
Navy a
take
emtabye possibly.eeed eetdepended
foreign questions on which the numbers of the
ue et
teen;
es i
e discussion
affairs out of the hands of
the
eat
advisers,an
will be decided so as to
to presume beforehand
make larger armaments necessary. As it is always
in the power of toe House by a ,; •
makevote a to
the preparations necessary for war, the suc-
cess of such a motion could only be interpreted as
a censure on the
ofGovernment, The country will be
opinion that the conduct of complicated nego-
tiations with two self-willedentirely military Monatchies,
though
successful, has yet been such
that to blame the Government would be moat
unfair; and the House of Commons apparently
concurs in this judgment.
DAILY News.-....m-
-t• Gladstone, whose very
speeches when proposi •
ng useful measures in former
years have been striking
political events, appears to
be this session in the
humour to do coed by stealth,
Which
The measure he has proposed under the
modest title of "A bill to amend the Law relating

amh•••••••••••••••••..0............•.... •
to Government Annuities," is re.. ally one of 01
most important considered as to its objects, til,ar
has been laid before the House of Corotnens tb%
many years. Nevertheless, it has been so brought:,
before the House of Commons that it has Paessaett is
first and second readins without discussion• e"0,
a bill for extending tog the humblest classes of s e
ciety new means of making a provision for old 5,t,
and for death, which shall be exempt ire° 'iv.
risks and other drawbacks that attend the °,1,13:ie
methods of doing so that are now within 1-a-re
reach. All our readers may not bangaWn-er.
that under the Savings Bank Act „roe
son may now purchase a defeered annuity the
Government through the Post-office ; but re,
purchase money must all be paid in one sutnß„tg
quirement which may be fulfilled when patreil lecb.
making a provision for a dependent, but "
shuts out the working man, who only very grad,„llseis
accumulates his surplus earnings. Accordingue- ee
clause of the Savings Bank Act has hitherto -e_o,
inoperative. In his new bill Mr. Gladstone Pio
pose; to change the mode of payment, and
Post-office to receive the purchase money in 113",.1 or
• ments, a measure which would bring the eo/Tiii;
purchasing the means of support in old age vl'hi
reach of the artisan, the servant, and the smell si"b()ie.
keeper. The second part of the Governnirient pro-
relates to life assurance. At present the t-I°°-0
,e
ment grants life policies for sums Lot exceeding die.
hundred pounds to persons who also purchee
ce b!jog
ferred annuity, the two forme of insuran,,to
conjoined in order to protect the Government from
fraud ; but as in practice nobody wants both
vat
policy and a deferred annuity, the public hes„.o3e
profited by this facility. By the new bill
t j ,
Cation is got rid of, and the Governmen ill
of
empowered to assure anybody's life to the este-led
one hundred pounds, without requiring the e- led
person to purchase a thing which he does not Wet
of
Any measure which offers a reasonable proPencest,
placing independence within the reach of the bni"Roe
industrious, and careful among the poorer tilicge
deserves to be cordially welcomed. We cannetue•O or
that Mr. Uladstone's bill will encounter,feither Ivent
out of Parliament, opposition of a nature to pre The
an unprejudiced examination of its neerit,s:Fitv of
chief point to be determined is the practsicau",glon
what is proposed. From the Chancellor's Pe— to
introducing his bill, we infer that he pr "4144
carry both his schemes into effect through th esgge of
of the Post-office. The pre-eminent ad/al'lt'adat to
this arrangement would arise from the fact
the Post-office the Government has at its ant OA
an organisation which pervades and occuPie sti•
United Kingdom as no other public or privite'Lft int
tution does. Tnere are companies which ,ft-fiM
policies of assurance for one hundred pounds 011pe,1
half-quarterly premiums, but they canliA°l°lo-get
offices and appoint agents in every town for
and they cannot take fortnightly or mot
re
ore
stalments, as the Post-office could do. Tall rtil'
alsoo Friendly and Benevolent Societies in 0," rhfiiiie•
f the kingdom ; but associations of this orne,ente
been so discredited by failure and misecanagewd to'
and moreover most of them are so accustoreeeafe
train their members to habits of wastful 011,,e0
tore by their practice of holding their Ineetinnicoe
public-houses, thatlarge numbers of the indlisteratice
.and provident poor would rather take their ct'feite
in old age than lay down their money upon societies
of of such security as the management of those S°l'it
can offer. If the Government can show that fece
possible to enlarge the functions of the F°3t,."eusi*
without impairing its efficiency for its Prer tterih
neBs, the safe and rapid distribution of our b'eagbt
and can thus offer new incentives to fortt'aja
by
and thrift in those who live by labour, it B"ft-i of
all means be enabled to do so. The orgen's",lief°
the Poet-office belongs to the nation, and oultieefe
all a right to the utmost development of its ntl goo
Nobody would be injured by the proposed Oc
et° Pot
of the duties of Postmasters. The staternt $O.
cfoerward in the name of some of the Asetnellro ell
interference
ties, that the proposal of the Governicetriseii°
with ordinary commercial en tett' -01 be
one that cannot be maintained. EnterprioB:: it i 5
as free when this measure has become law '0)50
now.h And, in point of fact, the Assurance' Der
ave never attempted, or even conterupinteo-teent
vice to the public so extensive as the Goler-ev oh
nowth offers to undertake. But while we 133-11 be
ese grounds demand that the measure she so
considered strictly with reference to its nierTioteets
cannot profess to be satisfied that it is in all respects
equally practicable. The first part, that ,alti•
to deferred annuities, offers little diw"iriedt
thWhen age and identity have been aseertBoo6.-
e element of a contract of that kind are Prnory
.tally determinee, and for this purpose with
intelligence suffices. But it is otherwise yr,`t,i feo
assurance. That business, according to the Pri°;-; to
on which it has hitherto been thought nees9„Elauieff
conductfor it, is one of the most delicate nature, cod
e the exercise of peculiar tact, discriminatinTro to
rmness. And if the same minute inquiriesen-floci‘,
be made of the multitudes who are expected '" do of
to the Post-office for assurance as are uow °Loth,
the middle and upper classes--if the habits, rtioesr
land history of the assured, and of all his ret
dent that
dead, are to be searched out---it,:iter
that the work cannot be done by a tree but tbst
sion of the clerical staff of the Post-office, e"-„olot`
a very considerable number of professional seet we
ments will become necessary. On this Pn„,l/3ieeo
await the explanations which Mr. Gladstone " It it
doubtone
make when the bill is in conlwittee•4t by
thing to accomplish a great public hece'.(istieg
moderate enlargement of the functions of an '3-suited
public department, imposing on it fresh duties
otter
to the skill already at its command ; it is 50,7, for
to create an organisation, substalatiall t()
Y nentiee
objects to
which have hitherto been left .`
enterprise.