The Sun.
London, England, 1858-06-21 00:00:00

In the Sun of Friday last we published at length
the final despatch addressed by Lord Malmesbury
to the Neapolitan Minister of Foreign Affairs,
Commendalore Carafa, under date of the 25th of
May, and also the reply of the Neapolitan Minis-
ter, dated the Bth of June, by which the Govern-
menfof the Two Sicilies expressed its unwilling con-
sent to the British and Sardinian dem ands, and pro-
mised the payment of 3,0001. as a compensation to
the imprisoned English engineers, together with the
restitution of the steamboat Cagliari, to be deli-
vered up to Mr. Lyons, -aiid the immediate release
of her crew. It was at the same time *mentioned
that there were two despatches of Lord Malmesbury
cf the same date, the 25th ult., but only the second
and more decisive-of these documents was printed
by us on Friday. The first despatch, which is re-
quisite to complete the correspondence, is as fol
lows :
Note of Lord Malmesbury to Signor Carafe.
Foreign-office, May 25, 1858.
Sir,—l had the honour to receive on the 14th
inst., your excellency's reply, dated the 6th inst.,
to my letter of the 15. h of April, stating the expec-
tation of her Majesty's government that the govern-
ment of the King of the Two Sicilies would make
compensation to the two British engineers captured•
on board the Cagliari steamer, for the long and
cruel imprisonment to which they had been, so un-
justly exposed, but leaving it, at least in the first
instance, to the Neapolitan government spontane-
ously to specify the amount of compensation they
were prepared to offer. .
Her Majesty's government learn with sincere re-
gret from your excellency's letter that the govern-
ment of Naples will not make any spontaneous
offer of compensation, not considering itself, as you
state, in any respect bound to do so. It is, there-
fore, my duty to inform your excellency that
her Ai ajesty's government, continuing t)_
take the same view that they have hitherto
done of the obligation of the government of
Naples to make compensation to these much injured
British subjects, persistin their demand ; and as the
Neapolitan Government will not itself take the
initiative of offering ae adequate sum, it only re-
mains for her Majesty's Government themselves to
fix the amount.
But I consider it due to your excellency's high
position not altogether to leave with comment
many of the statements and arguments csntained
in your letter of the 6th inst., and I must in the
first place be permitted to observe that that letter
rests upon an entirely erroneous basis, inasmuch
as it assumes that the Government of Naples had
originally a rightful jurisdiction over the British
engineers, and that such jurisdiction was acknow-
ledged, or was not disputed, in the various debates
upon the subject in the British Parliament.
But that jurisdiction is not only now repudiated
by her Majesty's Government, but was denied in
my letter of the 15th of April, in which I informed
your excellency that her Majesty's Government
demanded compensation for the British engineers,
not merely because they were too severely treated,
or imprisoned for too long a period, but because
their treatment was from the first wholly unjusti-
fiable ; and I need scarcely remind you that the
question of jurisdiction is still pending bstween the
Neapolitan and Sa,dinitin Goveruments, the latter
baying explicitly demanded not only the restitu-
tion of the Cagliari, but also the liberation of the
whole of her crew, as haviag leeenerigisally seized
and detained, in violation of the law of nations.
Her Majesty's Government might have reason-
ably expected to find in your excellency's letter of
the 6th inst. a statement of the grounds on which
the Neapolitan Government maintain that they
had jurisdiction over these two British subjects,
forcibly seized by Neapolitan officers on board a
friendly vessel on the high seas in time of peace,
and forcibly removed out of that vessel and im-
prisoned in the Neapolitan territory. The govern-
ment of Naples had no prima facie right to act in
this manner, its duty having been to set these Bri-
tish subjects forthwith at liberty ; and the onus of
establishing her jurisdiction or right to act other-
wise rests with that Government.
Your excellency, so fit from attempting to show
that the Neapolitan Government had any jurisdic-
tion to seize the British subjects and to try them
for any municipal offence against Neapolitan law,
is content to refer to certain implied admissions to
that effect in the debates of the British Parliament.
But it is my duty to point out to your excellency
that the British Parliament is neither a court of
law nor is it the, executive government of this
country, and it is not collectively invested with any
such attributes as your excellency appears to sup-
pose ; and, in point of fact, the Parliament has
never come to any reselution or vote on the subject
of the Caglari, having, on the contrary, carefully
abstained from doing so.
Moreover, neither Parliament collectively, nor
her Majesty's Government, are in any manner re-
sponsible for, or bound by any expressions used by
any individual members of Parliament in debate,
and consequently, nothing which may have been
either said or omitted in Parliament can have any
hearing on the question of jurisdiction.
But, unless the jurisdiction of the Neapolitan
government is in the first place established, there
is no occasion to discuss the question of the guilt or
innocence of the British engineers. The govern-
ment of Naples, if it had no jurisdiction, was a
NO MORE PILLS NOR ANY OTHER MEDICINE. wrongdoer from the first and throughout ; and even
Indigestion (Dyspepsia), Constipation, Flatulency, Phlegm, Nee if the British engineers had been previously guilty
vousness, Biliousness, Liver Complaints, Hysteria, Neuralgia, of
any breach of the penal code of Naples, they
Sleeplessness, Acidity, Palpitation, Heartburn, Eruptions, Im-
purities, Irritability, Low Spirits, Diarrhea, Hemorrhoids, could not, under the circumstances, have rightly
Headache. Debility, Despondency, Cramps, Spasms, Nausea, and been brought to trial for it by the Neapolitan
Sickness (during pregnancy or at sea), Sinking Fits, Cough,
thma, Bronchitis. Consumption, also Children's Complaints courts. Her Majesty's government must therefore
As
effectually removed by strongly protest against the frequent refe ences
iAu BARRY'S delicious Health-Restoring made by your excellency to the Neapolitan code
REVALENTA ALARICA FOOD, which saves fifty times and procedure. Her Majesty's government have
its cost in other remedies In illness, and Is, moreover, the best food
for Intents and tnvaibia ennerally, as it is the only food which - - -., to
nothing dothe eapo anmunicipal law,
with N lit
never turns acid on the weakest stomach, nor interferes with a to which they deny that these British engineers
good liberal diet, but imparts a healthy relish for lunch and dinner' were amenable ; and I cannot but remark that there
and restores the faculty of digestion, and nervous and muscular
energy to the most enfeebled. is no charge against them of having committed any
We extract a few out of the many thousand expressions of grad- act of piracy under the law of nations.
tude from invalids:-Cure N 0.71, ef dyspepsia, from tke Right Hon.
the Lord Stuart de Decies. " I have derived considerable benefit Nevertheless, her Mejesty's Government, al-
from Du Barry's Revalenta Arabic* Food, and consider it due to though insisting on this point, as of right, will not
yourselves and the public to authorise the publication of these lineal. refrain from observing that, as regards the ques-
Stuart de Decies."-Curb: No. 49,832. " Fifty years' indescribable
agony from dyspepsia, nervousness, asthma, cough, constipation, tion of the guilt or innocence of the British engi- I
flatulency, spasms, sickness at the stomach and vomiting, have nears two propositions appear to be clearly esta- I
been removed by Du Barry's excellent Food. Maria Jolly, Wortham „.shed.
,
Ling,
ofazi nenarg
liDieisasr,agNr
enwolkait"h-amencrerru: 47,121. Miss Elizabeth Jacobs. unonerts,
a cure of extreme ner- 1. That not one act of violence or outrage of 1
Liverpool:fancies.—
-
any description is even charged against either of
ceaufeeNesos.,4lBn,d3llg4es. tilt otni
s,sgElstihzearbeeithes,yloewomsapnir,itGs,aaten.clernee,rnveoarus
a cure of ten years' dyspepsia, and all the horrors of nervous trete- them, their guilt being sought to be inferred, not
bility. Cure No. 18,416.- Dp. Andrew_Ure, of constipation, dyspep- from their having been passive throughout.
ands ervous irritability. Cure No. 34,210. Dr. Sherland, of dropsy
2. Th
ilebllity. Cure No. 36,212. Captain Allan, of epileptic fit& atthe Neapolitan Government having from
Cure No. 42.116 Major Eche, of enlargement of the liver and total the first possession of the ship and of all who had
prostration of strength. Cure No. 36,418. Rev. Dr. Minster of been at any time on board of her, and of their
cramps, spasms, and daily vomitings, Cure. No. 26,418. Dr. Harvey,
of diarrhoza'and debility. Cure No. 39,628. Dr. Werner, of con- papers, was at once able to discriminate and distin-
sumption. Cure No. 32,880. William Hunt, Esq., barrister, of para- guish, and did actually discriminate dd• t• •an is in guish,
lysis. Cure No. 46,270. Mr. James Roberts, wood merchant, between the
Frimley, of thirty years' diseased lungs, spitting of blood, guy and the innocent by
releasing
liver derangement, partial deafness. Cure No. 58,816. Mrs. some and detaining others, and the Neapolitan go-
Holes, aged 107 years, of dyspepsia (indigestion) debility, does not t ,seriously contend that it in fact
in stability, and nervousness,' vernmen
which had tormented her for
seventy years. Cure No. 4;,814. air. Samuel Laxton, Leicester, considered, or that it would have been justified in
of two years' diarrhea. Cure No. 52,612. The Dowager Countess considering, all on board guilty.
of Castleatuart, of many years' nervous irritability, bile, and indi-
gestion. Cure No. 54,812. Miss Virginia Zeguers, cured of con- From the minute detail given by your excellency
sumption, atter her medical advisers had abandoned all hopes of of the occurrences on board the Cagliari, and of the
recovery. Cure No, 180. "Twenty-five years' nervousness, con- indivi
_articipation therein of certain • • • duals of her
stipation, indigestion, and debility, from which I have suffered great l'
'misery, and which no medicine could remove or relieve, have been crew (such as Lorenzo Acquarone and Giuseppe
effectually cured bs Du Barry's Food in a very short time. W. B. Mercurio), it results that the first inquiries insti-
Reeves, 181, Fleet-street, London." No. 4,208. "Eight years dys-
peps's, nervousness, debility, with cramps, spasms, and nausea, for tilted by the Neapolitan Government established
silica my servant had consulted the advice ;of many, have been the guilt of some and the innocence of others of
effectually cured by On liarry's health restoring Food. 1 shall be
happy to answer anyinquiries. Rev. John W. Flavell, Ridlington Rec-
tory, Norfolk." No. 32,836. " Three years' excessive nervousness, one, who never landed, who remained on beard and
with pains in my neck and left arm, and general debility, which ren- returned in the vessel toward Naples, ought by the
Scrod my life very miserable, has been radically removed by Du
parry's health restoring Food. Alex. Stuart, Archdeacon of Ress, same principle to have been held innocent. Such
Skibbereen." Cure No. 3,906. "Thirteen years' cough, indigestion, innocence was established in August, 1857, as to
and general debility have been removed by Du Barry's excellent
Revalenta Arabic* Food. James Porter, Athol-street, Perth." several passengers, who were also then released.
Important Caution against the fearful dangers of spurious imita- The Neapolitan Government has not, therefore,
ttomsg— attempted to act
The Vice-Chancellor Sir William Page Wood granted an injunc-
tion uponh what your excellency de-
The
on the 10th March, 1854, against Alfred Hooper Neville, ler scribes as the first logical conclusion which must
imitating "Du Barry's Revalenta Arabica Food." necessarily have presented itself, viz., the assumed
Suitably packed for a 1 climates, and with full in: tractions. In
canisters, llb 2s 9d ; 21b 4s 6d ; 51b Its, 121 b 2t 11. Super refined guilt of the captain and crew, by bringing indiscri
quality, llb 6s; 21b lls ; 51b 225; 101 b 335. The 101 b and 121 b 1 minately to trial all who were originally part of the
canisters are fcrwarded cariage free, on receipt of Post-once I
order. Barry Du Barry and Co.. 77, Regent-street, London; ; crew. On the contrary, it has in effect almitted
Fortnum, Mason, and Co.. purveyors to her Majesty, 182, Picea-
guilt i that this principle of assuming, without reference
dilly ; - James Wells' 4s, Sloane street ; also at 60, araCechtlrch- '
street
,I 330,430, and 451, Strand ;4, Cheapside ; 49, and 60, Bisha - to fact, the 'of all indiscriminately is ' as 1 'll°-
late-greets 63, 150, and 198 Orford-street.P' gical as unjust and unreasonable, and yet it has d.-

•
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ELF-PRESERVATION. —A Medical Treatise
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BY SAMUEL LI'MERT, M.D.,
37, BEDFORD SQUARE, LONDON,
Matriculated Member of the University of Edinburgh, Honorary
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Your excellency can hardly expect her Majesty's
Government seriously to listen for a moment to the
charge now, for the first time, brought against Park,
that he had in his possession a red shirt like those
worn as a uniform by the rebels. Your excellency,
indeed, does not pretend that Park put that shirt
on as the uniform of the rebels ; and it is well
known that red flannel shirts are commonly
used by seamen, and if taken as an evidence of
guilt it would during the present fashion as regards
tkat peculiar article of dress involve many of her
Majesty's subjects, not seafaring persons, but of a
wealthier class, in the crime of conspiracy against
the kingdom of the Two Sicilies. I am glad to
perceive that your excellency no longer insists upon
the absurd charge which was so prominently
brought forward against the British engineers in
the Atto de Aecusa, of not having navigated the
vessel to Tunis • and it appears from your excel-
lency's note that the overt acts relied upon by the
Neapolitan Government as establishing beyond
doubt the atilt of the parties are reduced to two—
namely, the possession of the note of Miss White,
and the possession of a red shirt. Neither of these
overt acts applies to Watt, and as regards Park
their mere examination is sufficient to expose their
wdiinthg, the forms of a that they have
futility.
Your excellency remarks that the proceedings
abreeentocboendcuoentsed
tdeirnedacasoosrtdiallupneou
Neapolitan municipal law, and that the sentence
(not yet pronounced) is the act of the magistracy,
and not that of the G ,vernment, which is to be
considered equally irresppnsible. Admitting that
these observations have any relevancy to the ques-
tion at issue, they could only be pertinent in the
case of the criminality of the accused, and if the
only question were one arising out of the technical
rules of Neapolitan procedure, evidence, or crimi-
nal law. Still less can her Majesty's Government
admit that an international question of jurisdic-
tion of the highest importance can be determined
by reference to the articles of the Neapolitan penal
code, or that any adherence to the forms of Neapo-
litan criminal procedure can countervail or supply
the entire absence of proof of any one act of crime
or violence, which, though not wanting as to cer-
tain o her persons on the Cagliari, is now so fully
apparent, and in effect admitted by your excellency,
in regarl to the British engineers.
It remains for me to advert to your excellency's
allusion to the manner in which these unfortunate
British subjects were treated while in centinetpent.
t need not point out how 4idely the wanner in;
which they were treated at the time that Mr.
Lyons arrived in Naples, when Watt was already
in the British Hospital in a state of mental
alienation, and Park's health had given way,
differed from the previous treatment to which they
had been exposed, and which entailed upon them
such grievous mental and bodily affliction. Her
Majesty's Government cannot admit the excuse, on
which your excellency sums disposed to insist,
that these unfortunate British subjects might, and
if they had been Neapolitan subjects would, have
been worse used. The acts of the Neapolitan Go-
vernment towards the two British subjects speak for
themselves in their result upon those unfortunate
and innocent men, unlawfully seized in the first in-
stance by the Neapolitan Government, which had
no jurisdiction over them, needlessly subjected to
a long and cruel confinement after, and notwith-
standing the Neapolitan Government, by the pos-
session of the whole of the evidence, and even by
the release of others of the passengers and crew,
had-admitted that it was able, when it chose to do
so, to discriminate .between guilt and innocence ;
and at length, after sustaining irreparable injuries,
released sub-modo, unconvicted of any crime, and
yet refused all compensation, but irremediably in-
jured in mind and body. For such wrongs as these
neither the good intentions of the Neapolitan Go
vernment, nor its somewhat tardy and partial con-
cessions, nor the fact that its regulations would
have authorised greater severity than was exhibited,
nor even the tour eous tone, which I am glad to
acknowledge, of your excellency's observations,
jesty's present Government have throughout this
affrrd any adequate excuse or reparation. Her Ma-
painful case shown moderation and patience.
Called upon to act long after the events which
caused it, they have, not prematurely intervened
in the serious controversy existing between the
Governments of Sardinia and Naples, though they_
have watched it with the liveliest interest, and
they are, thirefore; only the more entitled to insist
at last upon their demand for compensation.
As, however, the Government of Naples has de-
clinedam oun
t o
t o take
compensation th e
as
initiativeisoluosfftly due to theseering such an
British subjects for the fatal consequences of their
imprisonment, it is my duty now to inform your
excellency that h-r Majesty's Government fii the
amount of compensation which they demand at the
sum of 3,0001., and in requesting your excellency
to call the immediate attention of the Government
of which you are a member to this demand, and to
the urgency of its being complied with, I have
only to add that her Majesty's Government must
earnestly hope that the messenger who conveys this
letter to Naples, and who is instruc ed to remain
there ten days, will be the bearer to England of a
favourable reply.
I have the honour to be, with the highest consi-
derations, sir, your excellency's most obedient
humble servant, MALMESBURY.

FATAL ACCIDENT ON THE SOUTH-
WESTERN RAILWAY.

SOUTHAMPTON, SUNDAY NIGHT.

A serious accident occurred this evening at the
Bishopstoke station of the South-Weetern Railway,
by which one man bas been killed and several
others severely wounded.
It appears that the excursion train left Ports-.
mouth for London at 7 o'clock, and consisted of
about 16 cirriages, with between 600 and 700 per-
sons. On arriving at Bishopstoke, the three last
carriages, consisting of one first-class, one third-
clsssi and the guard's van, ran off the line, and the
coupling chain breaking, they became disconnected
from the other part of the train. The third-class
carriage fell over on its &de, the two others re-
mained stationary, and were uninjured.
It is impossible to describe tbescene that ensued.
In examining the nature of the accident, it Woonneemmaannwhaasd his arm broken, a
M
e is not expected to survive,
killed, and four se-
riouslycd cl
do vle2l enydjeuatrreha
da
ct;f a g
and others are more or less injured.
Two medical men who were in the train ren-
dered every assistance to the sufferers, and other
medical assistance was immediately telegraphed for
from Souihampton and other places ; the wounded
were omveyed to Winchester as s3on as they could
be removed.
The catastrophe caused so much excitement that
it was with difficulty the excursionists could be pre-
vailed upon to continue their progress to London.
Dr. Hearne and another medical man left
Southampton, for the scene of the disaster, accom-
• paniel by Mr. Beach, the deputy superintendent.