The Sun.
London, England, 1858-06-18 00:00:00

THE CAGLIARI QUESTION.

LORD MALMESBURY'S ULTIMATUM AND

THE NEAPOLITAN REPLY.

The following is a translation of the last despatch
addressed by Lord Malmesbury to the Neapolitan
Minister of Foreign Affairp, Commendatore Carafa,
containing the ultimatum of the British Govern-
ment. _ _

-- - -
MAY 25, 1858.
I have had the honour of stating to your Excel-
lency, in my previous note, the amount of the in-
demnity which her Majesty's Government demands
of the Neapolitan Government for the two English
engineers, and I explained to you the reasons and
the motives which my Government thinks that the
Neapolitan Government will see fit to change the
decision expressed in your Excellency's note of the

6th inst.
But should the Neapolitan Government persist
altogether in its refusal to make the reparation re-
quired, her Majesty's Government, strong in the
conviction of its right, would be fully justified in
treating the matter seriously, and in obtaining by
force the accomplishment of its demand. It might
immediately adopt some measures, such as de-
crees of any embargo, or reprisals, which would
secure the recovery of the indemnity demanded,
and which would, moreover, be entirely in accord-
ance with precedents.
But her Majesty's Government is desirous of
giving to all civilised nations au evident proof of
its moderation and of its constant adhesion to the
principle consecrated by the protocol of the Con-
ferences of Paris of the 14th of April, 1856, to
which the Neapolitan Government itself gave its
adhesion in the month of June following, and it is
with such sentiments that her Majesty's Govern-
ment wishes to submit the question now under dis-
cussion between itself and the Neapolitan Govern-
ment to the mediation of a friendly Power.
Her Majesty's Government adopts this course of
moderation with the greater solicitude because the
disproportion which exists between the resources
which the Government of Great Britain can dis-
pose of, and those of the Neapolitan Government,
is too great to imply the possibility of any erro-
neous interpretation of the motives by which her
Majesty's Government is guided.
If, therefore, this methol of terminating the dis-
pute is followed, it is untiece.eary to indicate to
your Excellency the reasons which would oppose
themselves to the choice as mediator of one of the
courts represented in the Congress of Paris.
Her Majesty's Government would consequently
propose to the Neapolitan Government to invite
the Swedish Court to occupy this place of mediator
between them, and in the hope of preventing the
employment of measures which the Government of
her Britannic Majesty is sincerely desirous to
avoid.
Although the direct and the most immediate
duty of her
protect the persons of the two English engineers
Majesty's Government has been to
who have been imprisoned and afterwards released
by the Neapolitan. Government, it nevertheless
considers that the responsibility of the Ministers of
the Crown of Great Britain does not stop there.
The capture of the Cigliari, and the judgment
upon that case is a matter which touches all na-
tions whose interest it is to protect, and to estab-
lish upon a safe and undoubted basis, the principles
of maritime law on the open sea, and to no coun-
try is this question more important than to Great
Britain.
The peculiar circumstances which preceded the
seizure of the Cagliaria have in appearance justified
that act in the eyes of jurists and politicians. Her
Majesty's government, then, does not wish to pro-
test against the first act, which, though still illegal,
may be considered as having been a necessary one,
and justifiable on the part of the commanders of the
Neapolitan ships of war which effected her capture.
But the decree of seizure, and the detention of
the crew prolonged during eleven months, have
been declared by the mosseminentjurisconsults of
England an act not justifiable in law.
Her Majesty's government then, cannot hesitate
to give its assent to the unanimous opinion of its
jurisconsults, and it must regard such an act of vio-
lence, thus consummated and maintained, and
capable of afterwards becoming a precedent, as an
act which seriously infringes the maritime interests
of Great Britain.
During the whole time of these unfortunate dis-
cussions her Majesty's government has continued
in correspondence with the Sardinian cabinet, in the
hope of learning that the Neapolitan government
had yielded to the demands of Sardinia, and had
restored a vessel which it had no right to seize, and
released the crew who did not fall within its juris-
diction. This hope has not been realised ;on the
contrary, the Neapolitan Government has replied
with a categorical refusal on thoe two points. Her
Majesty's Government has consequently, at the
request of Sardinia, promised to use its good
offices to support the just demands of the latter
Government.
The conviction of her Majesty's Government
that the demand of Sardinia is just, is founded on
and supported by the repeated opinions of the
crown lawyers, and if the Neapolitan Government
recognises the necessity of satisfying the demands
which more especially concern English interests,
her Majesty's Government, in addition, urgently
presses it upon considerations of justice and hu-
manity, to accede to the demand of Sardinia.
Shouldthe Neapolitan Government be inclined to
persist in rejecting the demands of Sardinia, as well
as those of Great Britain, the Government of her
Majesty has agreed with the Sardinian cabinet
to adopt the opinion of this Government, which is,
that the principle of the protocol of Paris ought to
be maintained in this case, and it will consequently
propose that the affair of the Cagliari and the judg-
ment of her crew should be submitted to the same
mediating Power that has been demanded for the
question of the indemnity to the English engineers,
and that pending the result of such media-ion the
Sardinian crew should be set at liberty upon bail.
Her. Majesty's Government, in suggesting this
mode of proceeding, both as regards the indemnity
to the English subjects and as regards Sardinia, is
actuated by the two fold motive of obtaining justice
for those who have been injured and of not com-
promising the rights and dignity of his Sicilian Ma-
jesty. Her Majesty's Government would congra-
tulate itself should the Government of the Two
Sicilies hasten to assent to a proposal calculated to
put an end to the ques- ions at issue. By this appeal to
a friendly power the Government of the Two Sicilies
would be enabled to avoid those measures, which a
refusal of the indemnity demanded in behalf of the
two English engineers would render inevitable.—
I have the honour, &c.,
(Signed) MALMESBURY.

The following is the reply from the Commendatore
Carafa to the Earl of Malmesbury, intimating the
compliance of the Neapolitan Government with
our demands :

Ministry of Foreign Affairs,
Naples, June 8.
My Lord,—ln reply to the letter, which your
Excellency has done me the honour of addressing
to me, under date of the 25th of May last, I hlsten
to acquaint you that the Government of the King,
my august master, has never imagined, or been
able to imagine, that it could find means to oppose
the forces which the Government of her Britannic
Majesty has at its disposal.
Setting out from the point suggested by the
ten-our of the said letter, that the affair of the
as your Excellency clearly expresses it,
Cagliari,"
cn
to
n o one be of greater importance than to
Great Britain," the Neapolitan Government finds
that it has neither any argument to propound nor
any opposition to make to it.
I have the honour of informing your Excellency
that the stun of three thousand pounds sterling,
paid into the mercantile house of Pook (sic), is at
the disposal of the English government.
As far as concerns the men forming the crew of
the Cagliari, now under trial before the Grand
Criminal Court of Salerno, and the Cagliari her-
self, I have it in my power to announce to you that
the men and the vessel are at the disposal of Mr.
Lyons ; they are consigned to him ; their departure
will depend on him ; and orders have been given
to the competent authorities.
This being settled, the government of his Sicilian
Majesty has no need to accept any mediation, and
it delivers up everything to the absolute will
(assoluta volunta) of the British Government.
I have the honour to be, with the highest con-
sideration, your Excellency's most devoted and
obliged servant,
(Signed) CARAFA.

ARRIVAL OF THE KING OF THE BELGIANS.—Hie
Majesty the King of the Belgians, her Imperial High-
ness the Duchess of Brabant, and their Royal High-
nesses the Duke of Brabant and the Count of Flanders
arrived yesterday at Buckingham Palace on a visit to
her Majesty.
A BARONY FOR SIR CoLIN CAMPBELL.—Although
Sir,Colin Campbell's elevation to the peerage has not yet
been gazetted, we can state, on good authority, that the
Queen has already been pleased to confer a barony upon
the gallant general, and that be will take the title of
Lord Campbell.—Homeward Nail.
PROFESSOR AIRY'S SON FINED. —At the Greenwich
police cuurt yesterday, Wilford Airy, son of Professor
Airy, the Astronomer Royal, was fined 20s. for inde.
cently bathing in the rest rvt it cf Greenwich Park, be.
Lniging to the East Kent Watt.rNorks Company.
THE PLATE ROBBERY AT LORD FOLEY'S. The jury
acquitted Benjamin, Caerry, and the female, Prickett ;
but found NVheteton, De Pusey, and Partridge guilty ;
the former (Lord Foley's servant) was sentenced to six
years' and the other two three years' penal servitude.