The Sun.
London, England, 1858-04-07 00:00:00

'AYS.

T. 111,; CAG 14.1 A

The Debats publishes the following as a very full
summary of the memorandum On the subject •.,f the
Cagliari, which the cabinet of Turin hp.s gent to its
agents abroad to be c mmunicatt.d to the diffeent
coin is at which they are accredited :

"The document is dated the 30th March. Count de
Cavour begins by calling to mind the importance of the
question ; it is, he says, an international one, which
closely concerns the security et the maritime commerce
of all nations, for it relates to the flagrant violation of a
law cowmen to all, and from which no State can
withdraw itself witeout incurring the risk of ueder-
going all the consequences which might resret from a
voluntary deviation from the principles of the law of
nations. The explanations which have, up to the pre-
sent time, been exchanged between the two cabinets of
Turin and Naples, not having led t any result, a serious
dispute is imminent, for the Government of Sardinia has '
a right to reparation, and has decided on obtaining,
either by reprisals or in some ether manner, satisfaction
for the insult offered to its flag, and complete justice
fur its violently despoiled subjects. (Here follows a state-
ment of the facts, already known.) The committee on
diplomatic disputes at Turin has declared that the capture
was illegal, and that Sardinia had a right to demand the
restitution of the ves-el, and the release of the inoivi-
uuals arrested on board het, notwithstanding the judi-
cial proceeding- commenced at Naples, because all the
acts posterior to the capture were radically null,
This decision is founded on the most incontestable
principles ; no right existed for the capture of
the Cagliari while in the open sea, unless she
be onged to a hostile power, or was engaged in
acts ef piracy. Tho Cagliari did net come unoer either
one or the other of these conditions. The question is
evidently internatiot te' ;tor as regards Sardinia it in-
volv.e the protection due to her flag, to her maritime
commerce, and the property t f her subjects. Hence
the claims of the Sardinian Government, as set forth in
the despatches of the 16th Jan. and 18th March, an-
nexed to the memorandum, with the Neapolitan des-
patch of 30th Jan. The memorandum points out the
consequences of the system of defence adopted by the
Cabinet of Naples. It would follow from it that vessels
of war had a right to seize merchant vessels in the open
sea and in time of peace, without their baviug been guilty
of any criminal or hostile act ; it would also follow that
the accidental fact of the revolt of some passengers on
board a merchant vessel against the authority of the
captain would give a right to foreign cruizers to chase
and cap•ure her and make her a lawful prize, even when
the rebellion is at an end and order re-established.
these consequences are monstrous. The author of the
memorandum denies the rule invoked by Commandant
Caraffa, and according to which the capture of the
Cagliari would come exclusively within the competency
of the ordinary tribunals, and therefore could not give
rse to any civil action or be made the subject of diple-
matic representations. The Sardinian cabieet, on the
contrary, maintains that the question is one of purely
national law, and which cannot be usefully discussed
except through the medium of diplomacy. It affirms that
the Neapolitan Government h es incurred a very serious
responsibility, and that it cannot be admitted, eitlet r de
jure or de facto that it should shield itself under the Jude-
pendence of its tribunals, or entrench itself behind the tree
action of the magistrates, when th point in qut rion is an
omitted by the cruisers of the Royal Navy of
Can Sicilies and a decision come to by the Prize Court
of Naples. The cruisers of the Royal Naey are coin-
mis,ioned by the King, and the Prize Court was formed
for the express purpose declaring the validity of the
capture. It is therefore the Neapolitan Government
etnich has applied ti a state of peace laws and in. Taal-
ions only made for a state of war. Tne memorandum
then sets forth the consequences of that contusion.
Tee sovereign who commissioned the crui-era is
thus made, whatever may be said, the true judge
of the validity of any prize made by them. What
guarantee then remains for foreigners whom it
may be wished to despoil of their property ? Teis
is a state of things which war, strictly speaking, might
excuse, but which is incompatible with peace. A Prize
Court can only be considered as an instrument of force ;
it is rarely and with great difficulty made one of justice.
Foreigners compelled to be subjected in time of peace to
such a jurisdiction, imposed by force, would find no
guarantee in it, and thence arises the obligation for the
Government of those foreigners to interfere for their
protection, and in case of need to have recourse to re-
prisals. The memorandum invokes in support of those
doctrines the authority of Grotius in his ' Law of Na•
tions,' and of Wheaton in his ' Elements of International
Law.' It is for all these reasons that the Sardinian
Government wishe , before proceeding further. to make
an appeal to all its friends and allies, and partieulitrly
to the maritime powers. The Sardinian Governmeint,
in resisting the pretensions of Naples, not only defends
its own interests, but also the cause of all mercantile
navies and the salutary principles which received a
solemn ratification and fresh developments at the Con-
gress of Paris. Would it not be strange that Europe,
after having proclaimed the principle that the flag covers
the cargo, even in tone of war, should tolerate the
pretensions of a government which will not allow the
flag to cover the persons on board in time of peace 1"
-

The Debats then remarks as follows :

" M. de Cavour, it may be seen, does not ask for the
intervention or the mediation of Europe or any Euro-
pean power ; he confines himself to pointing out a state
of things which may lead to a dangerous conflict. It is
a skilful and prudent proceeding, and we persist in
thinking that, in one way or another, the two courts will
in the end come to an understanding, and the spirit 4,f
conciliation which now animates the British government
on this question adds to our confidence. Lint govern-
ment has already obtained a concession from the King
of Naples, and we hope that tha sovereign will advance
a few steps further in the path on which be has entered."

THE LEVIATHAN.-THE LATE GALE.

It was not until early yesterday morning that
the bow moorings which failed of the Leviathan
steam ship were replaced, and the huge vessel
again secured. Owing to the continuance of the
strong north easterly wind, which set right on the
port bow of the ship, the tugs had to he kept
hauling the vessel out until late in the evening, fir
had her stem canted in shore, and remained any
time, with the falling tide, the consequences
might have been most disastrous. Much credit is
due to Mr P►owse, who h•td charge of the ship
in the absence of Captain Harrison, for the tact
and skill he displayed in getting the ship out of
her difficulties. On Monday afternoon, just on
the point of sitting down to dinner at Liverpi.ol
a telegraphic message was put into his hands, and
just four hours and a half from that time he was
reading t e decks of his Leviathan charge. A
quick survey assured him that all the bow or stem
fastenings had parted, and that those at the stern
were intact ; fortunately some old craft inshore
acted as a fender to the fore part of the ship, and
upon this state of things a 12-inch hawser was
immediately ordored out and made fast to toe
Dreadnought's (hospital ship) moorings. Soon an
anchor and chain followed to the opposite shore,
and these together effectuelly stayed the ship from
touching the ground, or crushing the crazy old
ships so opportunely found in-shore undergoing
repairs ; so that a fivepound note will about cover
all the damage done ou Monday, except the re-
placement of broken moorings. This, however, is
steadily progressing. Captain Harrison is not
likely to trust the safety of his ship to City or
Governmeut moorings again, but will at once
proceed to lay out his own bower cables, to be
made fast to Trotman's anchors, which have never
failed in the hour of need. The force and pres-
sure of the gale on Monday upon the ship's side
must have been prodigious, to snap asunder no
less than five cables, exceeding an aggregate of
500 fathoms of 21 inch stud-link chain, the Admi-
ralty proof of which is 1124 tons upon each length
or cable. Captain Harrison will not leave the ship
till all the work is done.

MEDICAL REFORM AND THE BRITISH
MEDICAL ASSOCIATION.

We have been favoured with a report of the pro.
ceedings of the Medical Reform Committee of the
British Medical Association, of which the follow-
ing is the substance :
The committee met on the Ist inst. The mem-
bers present were—Sir Charles Hastings, M.D.
(Worcester) ; G. Bo tomley, Esq. (Croydon) ; Sir
J. Forbes, M.D. (London); G. W. Hastings, Esq.
(London) ; Alex. Henry, M.D. ; Edwin Lankester,
M.D. (London) ; T. Nuuneley, E.g. (Leeds) A.
Prichard, Etiq. (Bristol) ; B. W. Richardson, M.D.
(London) ; J. Stedman, Esq. (Guildford); and G.
Webster, M.D. (Dulwich).
The bills of Lord Echo and Mr. Cowper were
taken into consideration. It was m ved and
seconded, " That Mr. Cowper's bill be taken into
consideration by the committee, with a view to
amend it." It was also proposed that Lord Elcho's
bill be taken into consideration." The original
motion having been carried,, the committee pro-
ceeded to consider seriatim the clauses of Mr. Cow-
per's bill. After discussion, the following iesolu-
tions were adopted :
" 1. That a preliminary examination in general know-
ledge should he established, which ail who enter the
profession mast pass.
"2. That the following words should be ir.,serted in
clause 4, line 33, alter the word 'condition,
,wring tha'; such qual,fleations and testun,,i.ials
should as far as practicable be uniform throughout the
United Kingdom.'
"3. That the words, Provided always that the
name of no person shall be erased lrum the register on
the ground of his having adoptcd any thecry in the
practice of medicine and surgery,' be omitted.
" 4. That it is the opinion of the committee that each
member of the general council should hold office for a
term not exceeding five years, but should be capable
of re-election."

Several verbal amendm-nts having been kfir-ed
to, the committeeadol,ttdthefollowiva resolu . ions :
"5. That Mr. Co xper's bid having been considered,
eiations proposed,
and Ow tor6uoing the committee
recommend it with alterations to the association at large.
" 6. That the alterations suggested be forwarded to
the Right Hon. Win. Cowper?'