The Sun.
London, England, 1858-03-11 00:00:00

lowed with all the Consequences of a war in its
operation upon foreign States. Such a war arose
out of the civil dissensions of England in the 17th
century ; such a war arose between Spain and the
Netherlands, upon which the liberty of the Dutch
Republic was founded (an event, by the way, which
the Sicilian Government in the papers before me
asserts to have been the origin of all the subsequent
calamities of Europe) ; such a war arose between
England and her North American colonies towards
the close of the last century ; such a war arose
between Spain and her South American colonies
during the present century ; such a war, too, was
produced by the recent revolt of Sicily from the
Neapolitan Government, which is more than once
referred to in these papers. But it is manifest
that there is, both in the reason of the thing and
in usage—the two great sources of international
jurisprudence—abroad line of demarcation between
such iustances as thole, in which there have been
pitched battles and a regular array of forces on both
sides, and the isolated adventure of a handful of re-
bels, such as was attempted by the conspirators of
Ponza (in the case before me) upon Sapri. To con-
found these t w o distinct sta,te of things is to introduce
the greatest confusion into all international relations,
for if both are to be equally accompanied by that
change of international relations incident to a
regular war which affects neutrals as well as belli-
gerents, then it will be in the power of any small
number of desperadoes, who overpower by violence
the crew of a commercial vessel and attack their
to place in jeopardy the commer-
ca
native country, though they are subdued by the
civil
police
and
the commercial marine of every
neutral State. Moreover, if this new doctrine be
admitted, there will be room for the application of
the doctrine of intervention, and alliances between
relations
such adventurers and foreign States will be placed
on the same footing as the alliance cf France with
tke revolted States of North America against Great
Britain, or with the quadruple alliance which in-
tervened in the affairs of Spain in 1834. No
accredited writer, no judicial precedent, no jurist,
no practice of States, sanctions such an extension
of the doctrine of bentort mixtum' which would be
equally fatal to the duties of neutrals and the rights
of belligerents. It is indeed almost admitted in
the folio volume before me, that this is a first ex-
periment
upon the rights of nations. It is urged
that the growth of Atheism and Democracy during
the last 10 years renders a change in international
law as to the doctrine of bellum mixtum absolutely
necessary for the protection of the Sicilian Go-
vernment. And it is, in fact, upon this ground
that the lawfulness of seizing the Cagliari as a prize
of war is mainly placed. But it seems to have
escaped the notice of the Neapolitan Government
that it is not competent to a single nation to melee
any, much less a grave, alteration in the law of all
nations. Thus, Wioquefort says, that when tho Swe-
dish Minister alleged the Swedish law against a de-
mand of the French Minister, Chanut (the French
Minister) repondit que la log de Swede ne pouvoit
pas abolir le droit des gens ;' and the learned
writer adds, ce fact biers remarquer contre let
nouveaux poliliques.' And to the same effect is the
opinion of a yet greater master of that law, Lord
Stowell, who, in the cise where one State attempted
an innovation in international practice to the injury
of others, obeerved. :---‘ It is my duty not to admit
that becauie one nation has tboughtproper to depart
from the common usage of the world, and to meet
the notice of mankind in a new and unprecedented
manner, that I ate on that account under the neces-
sity of acknowledging the efficacy of such a novel
institution, merely because general theory might
give it a degree of countenance, independent of all
practice from the earliest history of mankind ; the
institution must conform to the text law, and like-
wise to the coestant usage upon the matter ; and
when I am told that before the present war no
sentence of this kind has ever been produced in the
, annals of mankind, and that it is produced by one
nation only in this war, I require nothing more
to satisfy me that it is the duty of this court to
reject such a sentence as inadmissible.' It is said,
however, that the procedure of the Sicilian Govern-
ment towards the Cagliari is not novel or unprece•
dented, inasmuch as the conduct (much praised in
the Sicilian statement) of France in 1832, in the case
of the Carlo Alberto, furnishes an exact precedent.
Fortunately, the facts of this precedent are duly
published and ascertainable by everybody. The Carlo
Alberto, a Sardinian vessel, conveyed the Duchess
de Berry and a number of her partisans to the coast
near Marseilles, for the purpose of exciting a civil
war in France ; she had false papers on board; she
directly contravened the sanitary and the police
laws applicable to the territorial waters where she
was found. But what was the question determined
by the Court of Cessation ? That the Carlo
Alberto was seizable as a prize, or as a piratical
vessel ? Neither one nor the other ; that great
tribunal, presided over by M. Dupin, decided acid
most rightly that it was competent to the French
police to arrest persons on board- this merchant
vessel in t',eir territory ' • in other words, that the
comity of nations did not protect a merchant vessel
from the visit of the police, or the conspirators on
board her from arrest, but the court expressly re-
fused to condemW the Carlo Alberto as prize. This
simple statement of facts shows that this case of the
Carlo Alberto—this solitary precedent—furnishes
no a.uthot ity at all for the capture of the Cagliari,
but, on the contrary, is condemnatory of that cap-
ture. Something is f aid about the captain of the
Cagliari submitting to and pleading before the
Neapolitan tribunal, but it is obvious to remark
that the claim of the Sardinian Government is a
claim of public law founded on public policy, and
wholly unaffected by any proceedings of an indivi-
dual subject under any circumstance; much more
under such circumstances as these. The Cagliari
could not have been lawfully seized as prize except
in a time of open acknowledged war ' • the right of
prize and all the well-known incidents to it belong
to a belligerent, and not to a pacific government.
The Cagliari was as little liable to condemnation by
the law of prize as she was by the law of piracy.
There are other circumstances in which the Sicilian
Government has but too little reek ded the rules of
international law. I pass by the col_ itution o the
so-called Prize Court, the mode of examination,
the unjw ti and indefensible prohibition which pre-
vented the captain of a foreign ship seized on the
high seas from access for a considerable period to
legal advice and aid ; but I cannot omit to notice
that it is stated that this so-called prize of war has
been the subject at one and the same time both
of a penal and of a civil procedure—a procedure
wholly un earranted by the international law as
to prize. And I read, to my further amazement,
in the Neapolitan Minister's despatch, that the
ship of war belonging to the Sicilian Crown has
a right to proceed to the condemnation of a ship of
another State as a private suitor, without the au-
thority of his government. The plain truth is that all
these anomalous departures from the laws of nations
are the necessary consequence of applying to a state
of peace the stern rules which an inexorable necessity
renders incident to a state of war, and which the
law of nations strictly confines to that state. But
it most nearly concerns all neutral and indepen-
dent States to take good heed that these extraordi-
nary rights of belligerents are not imported into
their ordinary pacific relations. The case of the
Cagliari is the first attempt of the kind, and I am
not surprised that the British Minister at Turin
should express in his despatch of sth Jan., 1858,
the expectation of the British Government that Sar-
dinia will, by demanding the restitution of the Cag-
liari her cargo, and her crew, resist this unjusti-
fiable infringement of the rights of nations ; and
surely she may not without reason expect that in
this resistanca she will receive the support and co-
operation of every independent, and especially of
every maritime State.

TARIM PILOTS DROWNED AT LIVERFon.-- On
Tuesday, during a severe
gale, John Davies, a pilot,
and Wm. L3ntr
,V,e..frit and Thomas Bell,-apprentices, all
belonging to No, 10, Liverpool pilot boat, were drowned
off Point Lynas,
witile 'proceeding in a punt to board a
ship. The punt was overturned almost as soon as it was
lowered into theses, and in spite of the efforts of the
crews of the pilot boat and the ship, the poor fe lows
were drowned. Davies, the pilot, loaves a wife and four
children. Ilia widow
will receive 150/., and 10L per an-
iluiii during her Vet and 31. per annum for each of the
children until they are 13 years of age.
(ADVBECTISSMENTI--It is ever a pleasing duty of a journalist
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