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

THE CAGLIARI.

The Debats imblishN4 the f ilowing as a very full
summary of the memorandum on the subject of the
Cagliari, which the cabinet of Turin has sent to its
agents abroad to be c ,unnunicated to the different
courts 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 saye, an international one, which
closely concerns the security of the maritime commerce
of all nations, for it relates to the flagrant violation of a
law common to all, and from which no Sate can
withdraw itself without incurring the risk of ueder-
going all the consequences which might resn't from a
voluntary deviation from the principles of the law of
nations. The explanations which have, up to the pre-
vent time, been exchanged between the two cabinets of
Turin and Naples, not having led ta any re sult, 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 other manner, satisfaction
for the insult offered to its flag, and complete ju-ties
I,r 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-
euals arrested on board bet, notwithstanding the judi-
cial proceedings commenced at Naples, because all the
acts posterior to the capture were radically
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 of piracy. The Cagliari did not come under either
one or the other of these conditions. The question is
evidently internatior a', for as regards Sardinia it in-
volves the protection due to her flag, to her maritime
commerce, and the property e f her subjects. Hence
the claims of the Sardinian Governm, et, 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 sy-tem 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 ofpeace, without their having 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 cruizera to chase
and capture her and make her a lawful prize, even when
he rebel ion is at an end and order re-established.
These consequences are monstrous. The author of the
memorandum denies tee 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 net give
rcc to any civil action or be made the subject of diplo-
matic representations. The Sardinian cabin et, on the
contrary, maintains that the question is one of purely
national law, and which cannot be usefully discussed
except through the media a of diplomacy. It affirms that
the Neapolitan Government la:s incurred a very serious
responsibility, and that it cannot be admitted, either de
jure or de facto that it should shield itself under the inde-
pendence et its tribunals, or entrench itself behind the tree
action of the mag,strate s, when th pointin quell lon is an
o omitted by the cru oars of the Royal Nary of the
o Sicilies and a decision come to by the Prize Court
of Naples. The cruisers of the Royal Navy are cam-
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
which has applied t a state of peace laws and institu-
ions only made for a state of war. The memorandum
then sets forth the consequences of that confusion.
The sovereign who commissioned the crui-ere 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 despeil 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 oily 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-
priashe The memorandum invokes in support of those
doctrines the authority of Grotius in his Law of Na•
teens,' and of Wheaton in his' Elements of International
Law.' It is for all these reasons that the Sardinian
Government wiste , before proceeding further, to make
an appeal to all its friends and allies, and particularly
to the maritime powers. The Sardinian Government,
in resisting the pretensions of Naples, net 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-
greed of Paris. Would it not be strange that Europe,
after having proclaimed the principle that the flag covers
the cargo, even in tine 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?"
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 ; be coefines himself to pointing nut 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 r f
conciliation which now animates the British government
oe this question acids to our confidence. That govern-
ment has already obtained a coucesidion from the King
of Naples, and we hope that the sovereign will advance
a few steps further in the path on which he has entered."

THE L 16' VIATB AN.-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 semted. Owing to the continuance of the
wrong north easterly wind, which art right on the
port bow of the ship, the tugs bad to he kept
hauling the vessel out until late in the evening, f,,r
had her stern canted iu shore, and remained any
time, with the falling tide, the consequences
might have been most disastreus. Much credit is
due to Mr Piowse, who h d charge of the ship
in the absence of Captain Harrison, for the tact
and skill by &splayed in getting the ship out of
her difficulties. On Monday afternoon, just on
the point of sit ing down to dinner at Liverpool
a telegraphic message was put into his hands, and
just four hours and a half from that time lie 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 tho,e at the stern
were in.act ; fortunately some old craft inshore
acted as a fender to the fore part of the ship, and
upon th s state of things a 12-inch hawser was
immediately ordered out and ni.,:de fast to the
Dreadnought's (hospital ship) moorings. Soon an
auth r and chain followed to the opposite shore,
and these together effectually stayed- the ship from
touching the guound, or crushing the crazy old
ships so opportunely found in-shore undergoing
repairs ; s t that a fit epound note will about cover
all the damage done ou Monday, except the re-
placement of b oken moorings. This, however, is
steadily progressing. Captain Harrison is nut
likely to trust the safety of his ship to City or
Government 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 faikoms of 2i inch stud-link chain, the Admi-
ralty proof of which is 112 i tons upon each length
or cable. Captain Harrison will not leave the ship
till all the work is done.

MEDICAL, REFORM AND THIC BRITISH
MEDICAL ASSOCIATION.

We have been favoured with a report of the pro-
ceedings of the Medical Reform Committee of the
British Medical AFsociafion, 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.tonaley, Esq. (Croydon) ; Sir
J. Forbes, M.D. (London); G. W. Hastings, Esq.
(London) ; Alex. Henry, M.D. ; Edwin Lankestee,
M.D. (London) ; T. Nunneley, El. (Leeds) ; A.
Prichard, Eiq. (Bristol) ; B. W. Richardson, M.D.
(London) ; J. Stedman, Esq. (Guildford); and G.
Webs er, 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 Eleho's
bill be talccm 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, tho fabowing
Lions were adopted :
" 1. That a preliminary examination in get eral know-
lt.dge should he established, which ail who enter the
profession must pass.
"2. That the following words should be it,serted in
clause 4, lion 33, alter toe word :condition,
tbs.-. such qualifications and testimonials
should as far as practicable be uniform throughout the
United Kingdom.'
"3. That the words, Provided always that the
name of no per,;on stall be erased from the reglr,t-zr on
the ground of his having adopted any theory in thepractice or medicine and surgery,, be omitted.
" 4. That it is the opinion Cf the committee that each
memuer of the general council snoul I hold office for a
terra not exceeding five years, but mould be capable
of re-election."

Severai. verbal amendments having been agr,ed
to, the cummitteeadoptedthefollowing resell' ions:
" 5. shat Mr. Qowper's blil having been considered,
and'the foregoing alterations proposed, the committee
recommend it with alterations to the association at large.
" 6. That the aiterations suggested be forwaried to
the Right Hon. Win. Cyxppr,"