The Sun.
London, England, 1858-04-02 00:00:00

LONDON, FRIDAY, APRIL 2, 1858.

Dr. TRAVERS Twos, the eminent civilian, has
given a very decided opinion on the case of the
Cagliari, which will be found in another part of
this day's impression. It is a clear and able
document, which must prove decisive not only on
the points at issue between the Sardinian and
Neapolitan Governments, but also in respect t 3
WATT and PARKS, who were illegally captured,
and therefore entitled to the protection of the
Governments both of Turin and of Lyndon. Of
the former from the fact of being sailing under its
flag, and of the latter from being natural-boru
subjects of Queen VICTORIA, owing allegiance and
entitled to "protection" in return. The double claim
abould be responded to by both nations, and we have
no doubt that it will be so, and that fair compen-
sation wilt be required on behalf of those who have
been so deeply injured—one of who 'a has already
suffered so severely that it is doubtful whether he
will ever recover hii faculties, and the other has
almost succumbed under the terrible ordeal to
which he has been subjected.
Dr. Twrss has left no point of the very com-
plicated case untouched. His opinion may be
regarded as a judgment, and that delivered with
the greatest impartiality. Nor can there be any
dispute as to the facts, for they have been taken
from Sicilian records, which are unquestionably
binding against King BOMBA and his agents. It
is admitted that the Cagliari was captured on the
high seas, which are "nullius territoriutn," where
no State can claim exclusive sovereignty, and the
rights of all must be respected. The municipal
laws of Naples could not therefore prevail, and
the authorities could not act, rations loci, against
either the vessel or any of its crew. A ship sail-
ing under a neognised flag, being practically
" an extension (3f the territory" to which that flag
belongs, and subject only to its laws, and to those
of the Maritime Code, binding on all without
exception.

The papers of the Cagliari were all right. No
exception could be taken thereto, and they
were exhibited without the slightest de-
lay to the Neapolitan captain. The
Master " verified his flag," and consequently
the onus probandi devolved on those who inter-
rupted his lawful progress. There was no
culpability up to the time of leaving the
Piedmontese port, and there must, therefore,
have been something in " the mode of naviga-
tion" or conduct of those in charge of the vessel
that would constitute her either " a pirate or an
enemy" to justify the seizure.
As Doctor Twiss has distinctly pointed out, a
State may declare certain offences to be acts of
piracy—but those only binding on its own
subjects, and cannot in any degree affect the jus
gentium, or universal law, by which every civi-
lised country is amenable. Pirates have been
properly defined as "maritime robbers," who are
4 actuated animo furandi, with the deliberate in-
tention of plundering innocent parties. Some-
thing like what BYRON described as " sea attor-
neys," who substituted might for right whenever
they could do so with impunity. Nothing of this
character could be, or has been, alleged against the
master or crew of the Cagliari. Their offence, if
any, could only be punished if they' had volun-

tarily rendered themselves amenable to the juris-
diction of the Sicilian tribunals by either landing
on the coast or coming within its waters, and
being captured there. They could not be pur-
sued into neutral ground, or what to all intents
and purposes was Sardinian territory, viz., a vessel
sailing with regular papers on the high seas under
the Sardinian flag.
The Sovereign whose flag was violated—King
VICTOR EMMANUEL—has demanded restitution of
the vessel and all ou board, and he is lawfully entitled
to obtain it, together with fair compensation for
the illegal act. The English Government has also
required the liberation of the British subjects on
board, and will insist on redress for their
grievances. Within a few weeks Lords DERBY
and MALMESBURY have established a proper issue,
vindicating the national honour and the right
of their fellow subjects, while their predecessors
in office, Lords PALMERSTON and CLARENDON
bungled for more than nine months, and did not
produce even a "ridiculous mouse" from the
diplomatic parturition. We may hope that the
national prestige will now be maintained intact
from what we have seen with the Governments
of France, Piedmont, and Naples, and the pro-
tection afforded to Messrs. HODGE,* WATT, and
PARKS.

By the vote on Lord PALMERSTON'S Bill the
House of Commons sanctioned one principle only,
that of transferring the Home Government of India
from the company to the Crown. Scarcely any
other point was earnestly debated than the trans-
ference. The general character of the Home Ad-
ministration of our Indian E►npire seemed to be
taken for granted. By tacit consent some kind of
council there was to be. For a long time two
councils had bestridden the unlucky dependency,
one of course must ride before, but between them
both they contrived to ride it out of all its cash,
and eventually out of all its patience too. They
rode it, in short, into bankruptcy and mutiny. The
worst part of the mischief seemed apparent enough.
Two on one horse would no longer do, the double
zovernment must go, and it went, with a pretty
heavy fall, on the 18th February last, by a majority
of almost two to one, the hindmost rider was pitched
to the ground ; it fell as Leaden-hall might be ex-
pected to fall.

But the House virtually accepted the long-
Paisting plan of a Council. India had always, so
far as'the Home Administration was concerned,

been governed by a Council or Board, for they are
one and the same thing. The Company managed
its affairs by a Council ; and when PITT took the
corrupt and bankrupt Com'pop‘y in hand, he check-
mated it by a President and Council, matching its
own Chairman and Council with like for like ; he
might, on the part of the Crown, have opposed a
dictator to it, but this was not his plan. Boards
or Councils were the proper instruments for go-
verning India. No one seemed to think of any
other plan. And, whatever modifications were
made, still the requisite wisdom was sought not in
individual ability, but in the " multitude of coun-
sellors." We might have had, like the great Re-
public of old, two consuls, as it were, one at home
and the other abroad, and their instruction might
have been ne quid detrimenti respublica caperet,
This course we never did take on any occasion,
and it became, therefore, an acknowledged prin-
ciple that we must have an India Thud, or a
Council with a President at its head.

Now, we think that there is a great deal to be
said for precisely the opposite system—for select-
ing one Secretary for India, zesponsible.to Parlia-
ment ; for leaving with him the nomination of his
subordinates, one or two of them, perhaps, having
seats in the House ; and for thus leaving him no
3oard or Council on whom to throw the leas.
responsibility. We believe that if the question
were fairly before us, that would be the mode of
Rome Administration for India which must have
our vote. The truth, however, is, that no one
has yet been bold enough to propose this. Lord
PALMERSTON did not, any more than Lord ELLEN-
BOROUGH or Mr. DISRAELI. We should have had
a pretty hubbub indeed if the DERBY Government
had offered any such scheme to the House. No
one can doubt that Lerd ELLENBOROTTGII'S ten-
dencies are all in that direction. tie is not the
man to shirk responsibility, any more than was
his Radical military favourite. But he perfectly
well knew that he might as well offer no bill at
all to the eager Opposition, as one which, without
the time-sanctioned regulator, placed all power in
his hands. If, therefore, the House would like a

bill creating a responsible home dictator (if such a

combination of terms may be allowed) for India,
lot it but say so, and the present Government will
probably be ready enough to oblige them.
If, 11,-)wever, their feeling is all the other way,

what have they *but details, suited for discussion
in comtuittee, to complain of ? The proposers of
the bill, we imagine, are little concerned to defend
many of those pugnaciously. The limitations
quaLfications for councillors, we think, may well,
to a large extent, be dispensed with. We have
not so much faith in " old Indians" as in the
vigorous common sense of Englishmen unspoiled
by Indian routine, but all such questions belong to
a more advanced stage of the bid. As it now stands
the question lies between a council of eight and one
of eighteen ; a council half elected and a council
wholly nominated ; and a council partly elected by

constituencies whose relation to India is merely
commercial. Strange it indeed, that this last
innovation should hate been the most attacked of
all. A little while ago the complaint was that
the holders of India stock had not half the inte-
rest in India that our great commercial and manu-
facturing towns have. Those commercial towns
are offered a voice in the management of India,
and forthwith all the quibblers are in arms against
the arrangement.
Why neutralise the votes of their Members of
Parliament ? says one. But their Members of Par-
liament are confessedly chosen not to aid in the
direct administration of Indian affairs, but merely
to watch over them for Imperial purposes. But
why should not a dozen other towns have votes
also ? says another. Surely, however, it is enough
to select the first commercial towns in the king-
dom, for a function which could not by its very
nature be indefinitely extended. No one proposes
an Indian Parliament, but a Council. If, however,
any towns or cities felt it a grievance to be over-
looked, we do not know why they might not for
this purpose be united with some one of the five.
The truth is, the plan is novel ; it may therefore
be cavilled at ; but of all persons in the world,
berals ought to be thelast persons in the world
to complain of Tories for giving power to the
people.

Several times of Lte we have taken sccasion to
refer to the prospective 'construction of a Grand
Ttunk North American Railway, as an inevitable
consequence of the probable completion of the yet
grander scheme of the sub-oceanic intercourse
about to be established by means of the electric
telegraph. We have reiterated our allusions in
this way advisedly. The development appearing
to us to be so very near, and so all but absolutely
certain, we have purposely renewed more than
once our sufficiently significant comments upon
the growth of one great enterprize out of the