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

The Seizure of the Pampero,

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 !egal 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 ;ere
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 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 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 be an ironclad, and that sailors
and provisions only were put on board, would it be
reasonable to suppose 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 case was adjourned
till to-day.

„SPIRIT OF THE PUBLIC JOURNALS.

TIMES.—The first spirited debate of the geasioi;
took place in the House of Commons last evening.
It was one of those discussions of which the end
might be foreseen by every body, and yet the
speakers were apparently as much in earnest as it
victory and office depended on a coming vote. The
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 Danish policy of the Government
as it' his own party would have done scything 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 wasthrea-
tened ; and Mr. Osborne and his friends might al-
most make one fancy them convinced that there is
a convection 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
Bluebook 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, we 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 le< en 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 well
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 Dcke 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
had 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 lend-
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 has
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 Dines 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 invading Jutland—whether
or not they agree at last to a personal union between
the Kingdom and the Duchies, yet, even before
pape.e_s are produced, every one can see that whereas
two months 5
;o there existed in Germany a great
and apparently irres
stible power, demanding that
uered forthwith for the
the Duchies should be cor;
that poeer has now been
Prince of Augustenburg,
successfully resisted; the minor States, which com-
posed it, are muttering in dudgeon, send the;e is at
least a probability that the dismemberment of tLe
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—a" 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-Holetein 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 enouaced
no fitting " policy" in the Danish affair—if they
be improperly leaving the question to the House
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 policy express their
opinions openly and at once. We think they will
have but few supporters in country,inintvhoelvihg the stability w h e h
of
be-
lieves that only a a
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. To defer the vote on the Navy ti',l the
foreign questiona 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
imuaktueelapregwereraremfamtuee Housents necessary. As it is always
emcasskeetflesuperhepa motion
necessary
for
rwecaial
r,tvhoetseueto.
n
could
onlyTubee interpretedeuuutrymill
be
is
a censure on the Government.
of opinion that the conduct of complicated nego-
tiations with two self-willed military Monarchies,
though not entirely
that to blame the eGeoeve
ee
rs
us limn le,
th a
ws yetuu ldb ebe
en
roost
unfair; and the House of Commons apparently
concurs in this judgment.
DAILY NEWS.—Mr. Gladstone, whose very
speeches when proposieg useful measures in former
years have been striking
he political events, appears to
be thisu
eas sessionre which
intic h
the
Humour
Them
under the
modest title of «A bill has t
proposed
d o
to amend the Law relating

f the
to Government Annuities," is real'," ° 8 that
most important considered as to its objectsll
One for
has been laid before the Huse of Como bt
many years. Nevertheless, it has been so bro Igo@
before the House of Csmmons that it has passe( It is
first
and second readings without discussion. ,* 50-
a bill for extending to the humolest clasaes se
ciety new means of making a provision for o'l'
-the
and for death, which shall be exempt frellifity
risks anti other drawbacks that attend the cett",:,l
methods of Going so that are now witbia ,sa
reach. All our readers may not be asvois
that under the Savings Bank Act .111/ibte'
son may now purchase a deferred annultisY ; the'
Government through the Post-office ; uti" a see
purchase money must all be paid in cue eate-.:00
is
quirement which may be fulfilled when a Ist.„%eisli
making a prevision for a dependent, but
,i;i1111
shuts out the working man, who only very gett; this'
accumulates his surplus earnings. Accordiegvbeee
clause of the Savings Bank Act has hither"' nee
inoperative. In his new bill Mr. Gladstonealoss
poses to change the mode of
Post-office to receive the purchase snoneY ;of
ments, a measure which would bring the .I)%ithill
purchasing the means of support in olel ag°
reachk of the artisan, the servant, and the Ortt.i; t bill
r ken per. payineut, taid enable
The second part of the Governalf."-oserr
elates to life assurance. At present the i one
went grants life policies fog sums Lot exceedit de.
(erred
pounds to persons who also purchase ,ing
erred annuity, the two forme of insurance blftsts
conjoined in order to protect the Government jiit'
fraud ; bat as in practice nobody wants both 6 04
policy and a deferred annuity, the public Iltlifai•
profited by this facility. By the tiescbilltbccjial be;
tation is got rid of, and the Government into-
empowered to assure anybody's life to the eltetired
one hundred pounds, without requiring the !fsst.
person to purchase a thing which he does 13°' emit of
An measure which offers a reasonable Prnefflssft
placing independence within the reach of the ;10010
industrious,d and careful among the poorer
eserves to be cordially welcomed. We catinot J.so or
ber
revenue
othat Mr. Gladstone's bill will encountertielt
anut of Parliament, opposition of a nature topre la
unprejudiced examination of its tnerittp sht
f point to be determined is the praotico;cjoa
.what is proposed. From the Chancellor's oPe",,es to''
introducing his bill, we infer that he Pr°Pt-alicir
coafrry both his schemes into effect through theet-t, or
the Post-office. The pre-eminent advalitt
this arrangement would arise from the faCt 310
the Post-office the Government has at its COw— to
uan
.organisation which pervades and ocougie!„sti•
n!ted Kingdom as no other public or privatelot
tation does. There are companies whiebjtalte
half-quarterly
of assurance for one hundred pentads 't oPell
premiums, but they ganen'altige'
offices and appoint agents in every town o'l,l'll ere
andthey cannot take fortnightly or ta„,61,,;
Carta
stalments, as the Post-office could do. a" l
also Friendly and Benevolent Societies in
of o
re
been
the kingdom ; but associations of this order.n, of,
so discredited by failure and mistranagewo
and tP
moreover most of them are so accustsenettie
traint their members to habits of wastful °Peel 6tl
Lure by their practice of holding their Menttirielo
and provident
that large numbers of the indti„tbsose'
provident poor would rather take theipoi/1y
in old age than lay down their money upon t";l.stir
of such security as the management of those 00i
it
can offer. If the Government can show tllii,,nf6°
possible to enlarge the functions of the re*,,. beer
without impairing. its efficiency for its PrePT tterit
anesds, the safe and rapid distribution of art: 08,7;
n can thus offer new incentives to fere,jd wt.
and thrift in those who live by labour, it 13,1—coa
all means be enabled to do so. The orgaolsa:ence
the Post-office belongs to the nation, an,
all a right to the utmost development of its ‘‘,-,,eice
Nobody would be injured by the proposed Ot't-
of the duties of Postmasters. The etateroe% $r
forwarde in the name of some of the Assneglnlitets
ieties that the proposal of the Governlne—ries,,'"
interference with ordinary commercial enterPic-
one that cannot be maintained. E oterPris% it
.7
as free when this measure has become lace -011f6er"
now. And, in point of fact, the Assurance 0 ser
have never attempted, or even contemplat:: taef!
vice to the public so extensive as the Gev"„i"ily.
now offers to undertake. But while we bill '
these grounds demand that the measure cle
considered strictly with reference to its 03,errpl pest!
cannot profess to be satisfied that it is in al' ';lostiSs
equally practicable. The first part, thati:rse- 04;
to deferred annuities, offers little 01.-o°oo4
When age and identity have been Well-0011'
the element of a contract of that kind are Pciiosrf
tally determined, and for this purpose °.:ael!fil,,
intelligence suffices. But it is otherwise &pie;
assurance. That business, according to the P`;001
on which it has „hitherto been thought Ilec-091011
conduct it, is one of the most d,slicate nature,' I, sod
for the exercise of pimuliar tact, discrinaina!'f,'re
mnness. And if the same minute icquieno fin
be made of the multitudes who are expecte",,a' ads
to the Post-office for assurance as are noll be
the
middle and upper classes—if the habito,,,istir
land history of the assured, and of all his 14. is
iving and dead, are to be searched outer"
dent that the work cannot be done by a tnelat
siont
of the clerical staff of the Post-office, P poioP
a very considerable number of professional lot 1:
ments will become necessary. On this
await the explanations which Mr. Gladstorle
doubt
make when the bill is in committee:fit Di;
one thing to accomplish a great public he11:410til
moderate enlargement of the functions of suie,
public department, imposing on it fresh dtl:t'sacof life;
tot the skill already at its command; it, °nest, 1-fre
objects
ocreate an organisation, substantiall
which have hitherto been left t°
enterprise.
--see