The Sun.
London, England, 1852-07-01 00:00:00

Inclosure 1 in. No. 2.

SIR HENRY BULWER TO THE DUKE or CISIGLIANO.
Florence, June 11, 1852.
Sir,—l do myself the honour of enclosing to your Ex-
cellency herewith the copy of a dispatch which I have
already read to you, relative to the case of Mr. Mather,
and the manner in which a settlement thereof was made
by Mr. Scarlett.
I am desirous, in the first place, at once and frankly
to admit, that, considering that the proposition on which
that settlement was made came from her Majesty's
chargé d'affAires, Your Excellency had reason to sup-
pose that this affair was terminated, and moreover that
the manner in which that arrangement was lately de-
fended in Parliament was likely
to have confirmed your
Excellency in this impression.
It is, therefore. my
desire to explain to your Excel-
lency, in the clearest manner, now that I feel myself
uncl.:r the necessity to re-open this negotiation, that my
doing so is by no means in real contradiction with the
two facts which I have above cited.
Not only did Lord Malmesbury in the instructions
which he gave on different occasions to Mr. Scarlett (pas-
sages from which instructions are referred to in the en-
, most uniformly affirm that
closed dispatch of the 29th)
an indemnityf
was required for -r • Mather, partly as a
' compensation to that gentleman, but also more especially
as en acknowledgment that the Government of Tuscany
was responsible for the security of her Majesty's subj,-cts
within the Tuscan dominions, but his Lordship clearly
and positively expressed this same principle to myself,
in the instructions which I received when I was com-
manded to repair this mission, as you will perceive by
the subjoined extract:—
For all acts dyne iu Tummy to the prejudice of

T fl 141

British subjects, the British Government must hold the
Tuscan Government to be solely responsible.
" The violence egainst Mr. M ether, which is still un-
atoned for, is at present the c test, important of those
cases to whiehl hare alluded. * * And
her ajesty
7s Government feel it their duty to instruct
M
you • not to remit ie any manner the principle upon
which their last demands are made."
I flatter myself that, after this exposition of the spirit
in which her Majesty's Secretary of State has on all
occasions framed the inetrections given by him to the
different agents employed with reference to this effeir,
it will appear to your Excellency sufficiently evident
that only one idea has prevailed in her Majesty's Go-
vernment concerning it.
But ween her Majesty's Secretary of State for Fo-
reign Affairs first received information of the arrange-
ment that had been effected by Mr. Scarlett, it was in a
portion of a dispatch from Mr. Barron, acting during
the illness of Mr. Scarlett, which dispatch was dated the
9sh of May; and in order that the impression which
Mr. Barron's communication wan calculated to produce
may be fully apprecfated by your Excellency, I will
here transcribe it:—
" I have the honour to acquaint your Lordship, by the
desire of Mr. Scarlett, wish the following important
facts. The Stratford and Mather cases may be coosie
dered as settled. These two questions were the subject
of an interview between Mr. Scarlett and the Duke of
Casialiano on the 5•-h instant. It was then intimated to
Mr. Scarlett by the Tuscan Minister that an indemnity
of 1,000 faancesconi (or 2221 45.) would be offered to
Mr. Mather. Mr. Scerlett'e reply was, that that sum
was far inferior to that which he was instructed to
claim, and that one condition alone would induce him
to accept it—viz,, the immediate release of the Mr ssrs.
Stratford. His Excellency ansvvered, that the Grand
Duke intended to redeem the pledge given by his Minis-
ters on that bead, but that it was yet too soon.
"The matter stood in this position till the 7th, when
the Duke addressed to Mr. Scarlett a confidential letter,
informing him that `his Imperial and Royal Highness
the Grand Duke, yielding to his noble impulses, and
making use of his Royal prerogative, consents to the
commutation of the Messrs. S'raceorda' penalty into per-
petual banishment from his sta'es.' Mr. Scarlett has de-
sired me to express to the Tuscan Minister his satisfac-
tion at this arrangement, and to report the same to your
Lordship. The presence at Leghorn of her Majesty's
steam-vrssel Growler, Commander Stoddart, offers an
opportunity for the immediate removal from Tuscany of
the Messrs. Stratford. I shall immediately communicate
with Commander Stoddart and with the Tuscan Govern-
ment for that purpose.
" With reference to Mr. Mather's claim, Mr. Scarlett
has thought himself justified, after much consideration,
in accepting the composition offered. Although it is not
so much as could be desired for Mr. Mather, it is as
much as could peesibly be obtained by negotiation,"
Your Excellency will immediately see, on reading the
above (which is the precise copy of Mr. Barron'a words),
that the idea which it naturally carried with it was that
the Tuscan Government had proposed to Mr. Scarlett a
pecuniary compensation, and that he had accepted such
compensation, from which, as nothing was said as to the
manner in which such arrangement had been effected, it
was naturally to be inferred that the compensation in
question had been proposed and accepted according to
the principles on which Mr. Scarlett bad been in-
structed to apply for it. The question of amount was
the only one alluded to by Mr. Barron as hav g
in given
rise to any difficulty, and a reason was assigned for ac-
cepting a less amount than her Majesty's Government
had instructed Mr. Scarlett to accept, that reason being
the liberation of the Messrs. Stratford; a motive which
showed at least an earnest and laudable desire on the part
of Mr. Scarlett to put an end to all difficulties between
her Majesty's Government and that of his Imperial and
Royal Highness.
On these grounds her Majesty's Government were
prepared to accept and defend, and did accept and de-
fend, Mr. Scarlett 's arrangement, considering that the
Tuscan Government had thus given a proof of their re-
gret at what had occurred, of their desire to atone for
that occurrence, and of their recognition of the principle
that British subjects were, when residing in Tuscany,
under the protection of the Government of Tuscany,
which held itself responsible for their lair treatment.
But when a second dispatch arrived from Mr. Barron,
containing copies of a correspondence that had passed
between our Excellency and her Majesty's chargA
d'affaires, they perceived that the arrangement as
explained by that correspondence, was directly the re-
verse in principle of that which they had previously
imagined it to be.
A proposition had come from Mr. Scarlett, and not
from your Excellency, and that proposition commenced
by placing altogether out of discussion the main point
welch her Meksty's Government did insist and always
had insisted upon. It *as, therefore, utterly impossible
any longer to accept or defend an arrangement which
bad hitherto been accepted and defended precisely for
reasons which did not apply to it.
The demand which her Majesty's Government has up
to this time made, and which it now makes on the Tus-
can Government, for satisfaction with respect to the
case of Mr. Mather, is founded on the right that every
government has to expect that its subjects will have
impartial justice done to them within the territory of a
friendly state by the government of thst state.
The administration of such justice is generally confi-
ded by governments to their legal tribunals; but when a
government closes such, tribunals, it takes upon itself
those functions, as far as foreign nations are concerned,
with which such tribunals were invested. . .

It, therefore, the Government of Tuscany make a tem-
porary arrangement such as that which it has made, re-
ceiving the aid of Austrian troops on the understanding
that they are not to be subject to Tuscan law; that Go-
vernment, if any offence is committed against British
subjects by Austrian troops, is bound to administer that
justice towards the aggrieved party which such party
cannot obtain from a court of law.
To suppose anything else is either to suppose that the
subjects or citizens of friendly states are. in such cases
to have no redress at all (a conclusion which is absurd),
or it is to suppose that, for offences committed within his
Imperial and Hoyal Highness's dominions they are to
seek for satisfaction from a foreign power; which would
be to establish as a fact that there is a foreign power in
Tuscany which other nations are to consider as superior
to the authority of the Grand Dake himself; and that
would of necessity prevent Great Britain from soy longer
recognisiog in the Grand Duke that independent sove-
reigety which it has hitherto fully recognised.
The satisfaction which her Majesty's Government, in
conformity with these opinions, originally sought, was an
award of money to the party injureefe because it deemed
that it was more fair to him to seek that sort of repara-
tion which would affect himpersgonraa
nlltyesdan tod
him.whic which aßcuotuarst
of law would probably have
Mr. Mather has now declined receiving ahy pecuniary
compensation, her Majesty's Government feel at liberty
to place their demand in another shape; and I am in-
structed, Mr. Scarlett's note of the 6th May being, as I
have explained, disavowed, to require that your Ex-
celleney's note of the 10th May should be withdrawn,
end Mr. Searlett's reply thereto cancelled; and further-
more, that the Government of his Imperial and Royal
Highness should convey to that of her Majesty an ample
juin
abiee_.gylseat.lyh.s
in
reality
expression of regret at the violence inflicted upon Mr.
E. Mather, and an assurance that there was nothing in
such violence which is to be considered in the slightest
degree as a manifestation of disrespect towards the
Queen of Great Britain or the British nation; and
finally, that your Excellency, in the name of the Tuscan
Government, should clearly recognise the principle, that
the Government of Tuscany, whose duty it is to protect
British subjects in Tuscany, is responsible for any acts
of violence committed upon such subjects within the
Tuscan territory, whoever the por:ons committing the
sl:igod?r:tcr.tishounf
tribunals.
violence may be; and that the executive au-
wtt!
eilty is bound to make due atonement for the same,
u such atonement cannot be sought for through the
', it must
anyalways be a matter of regret to me to
have to makedemand upon a friendly Government,
andywehai
rcsehssinp en
eye:
ownaiY
intimate unen. a Governmentil d
valued
Governmentuheada relations
maintained,i butfor ss ouemh arney.
8,
.;:inhotnhoeuridiminishedno
interest
Government,rmeisynt
bgyretthien
etohnespidreerseairtlitenintshtaanteist,e;
now instructing me to claim from your Excellency that
satisfaction which it deems due to the
required
nothingthe sare
whichte o
itf my countrymen.
and according to the aignity of the Tuscan Government
Tuscan Govern-
menttached to the responsibility which the usc
to grant ; for though there may be inconveniences at-
tached
that those inconveniences may be somewhat =Fees si is thus requested unequivocally to assume,
by the temporary and peculiar position in which it new
stands with respect to the Austrian force employed at
this time in Tuscany, such inconveniences are nothing in
comparison with the honour and advantage which at-
tach to the frank assumption of all the attributes of that
independence which it is the first pride and interest
of e-
very prince and people to possess and pre-
serve unimpaired; and perhaps your Excellency Will
allow me to express a belief that her Majesty's Govern-
ment
is only giving a new proof of its sincere amity
towards this state, and of its high respect for the illus-
trious Prince who rules over it, when it shows a jealous
susceptibility as to Tuscany abandoning in any degree
that position
i nitesthich it has hitherto so honourably main-
tained. fritter myself that this persuasion will have
its due weight
W
position of 'T with
teh one who can so well appreciate the
and the relation of Tuscany with
other nations, and
and
nu
er d Ea
ixdc ei lnl eburciyn g
iwnigl l
tahffi
so rude
gmee
your friendly,.
tiation, so long pending, to a happy and suitable termi-
nation.
But I am obliged to announce to your Excellency that
should the Tuscan Governmentee not bo ready to grant
instructed to require, I
the reparation which I have bn
am then ordered to withdraw her m
my instructionsicstls furthermore
enjoin me not to continue Chia
the Court of Tuscany; and
negotiation for more than
a 1 ile
a very few days.
As the Lame of her: M kio chargd d'effairee
gY'il late
has been so frequently p.riod in thie note, I can-
not cancluie it withou; giving !myself the steiefec u
Lion of stating that which I know your Excellency will
hear' with similar satisfaction—viz , that though her
MeijeJty'a Gove=rnment has found itself under the neces-
sity of disavowing the arrangement meek) by Mr. Scar-
let; in its name, still it fatly recognises the zeal and
ability which this gentleman has displayed on a variety
of other difficult and trying occasions, and attributes
the involuntary error he hero fell into to the effects of
that violent indisposition under which, at the date of
his letter of the 6th May, he had already began to suffer,
I avail, &c.,
(Signed)

H. L. BULWEII.

(Translation.)
Florence, June 16, 1852.
M. le Ministre' —The note dated the 11th instan:-,
which your Exc,llency has a3dressed to me, enclosing a
e )py of the dispatch which you have received from Lord
Malmesbury, relative the Mather affair, which dis-