The Sun.
London, England, 1858-04-30 00:00:00

_
an d hi thought Government would have been ustified in
sap porting the Sardinian Government in the position
ich they had taken in respect to the seizure of the
C agliari. Ile must protest against the monstrous doc-
trine laid down by a certain school of lawyers, that how-
ever wrong was the condemnation of the vessel, or how-
ever corrupt the administration of justice, natives of
Sardinia had no right to call for the intervention of their
own Goverament on their behalf. Some years ago the
other lames°, after a four nights' debate, had determined
to int erfere on behalf of a British subject injured by the
Government of Greece, and the noble lord the then
Foreign Secretary (Lord Palmerston) was eulogised for
the course which lee had pursued on that occasion. The
noli#e lord then referred to several documents, and con-
ton ded that it was the duty of the Government of this
iecsuntry t r support the Government of Sardinia in re-
spect to the course which it had pursued in regard to
the seizure of the Cagliari. On the 16th of the present
month.. the Chancellor of the Exchequer made a very
important statement on this subject, very similar to
that made by the noble earl the Foreign Secretary, with
this exception, viz., that the international question was
quite distinct from any other question raised by the
capture, and interested England no more than any
other maritime nation. He (the Earl of Airlie) pro-
tested against the distinction thus attempted to be made
by the right hon. gentleman. Having further referred
to the fade of the case, the noble earl stated that
an intimation had been given by the Foreign-office to
Count Cavour, that England would assist Sardinia in
any claim which she might make upon Naples with re-
spect to the Cagliari ; and he contended that England
was bound to act in conformity with that intimation.
Sardinia, by her brave conduct in the Russian war, had
earned a title to our gratitude, and this case of the
Cagliari afforded us an opportunity of making her some
returd for her co-operation on that occasion. The noble
earl concluded by asking the questions which we have
given above.
The Earl of MA.LMESBURY said he was not quite
elear as to the information the noble earl wished to ob-
tain. He had occupied their lordships' attention five
and-twenty minutes, touching on various matters very
much mixed up together. He should not, therefore,
attempt to follow the noble earl, but should simply
answer his question, and beg his pardon for not under-
standing him better. With regard to whether an answer
bad been returned by her Majesty's Government to a
note addressed by the Marquis d'Azeglio to the Earl of
Yialmesbury, dated 22d March, 1858, and enclosing a
communication from Count Cavour to Count Gropello,
dated 11th March, 1858, he had answered that note,
and if they wished to know how it was answered he
must state a few facts. He had that morning received
a despatch from Mr. Lyons, enclosing a note from the
Sardinian Government, which he much regretted, as it
expre-sed a strong feeling at what it termed the aban-
donment of the Sardinian by the English Government,
in the affair of the Cagliari ; but he had looked through
the nine months' correspondence affecting this question,
and could find no promise, and nothing like a promise
to co-operate with the Sardinian Government in any
action they might take on this subject. The only thing
tending that way arose from an error of Mr. Erskine,
contrary to his instructions, and the English Go-
vernment could not be boned by an error of their own
representative, because if they did, under similar circum-
stances, they might be compelled to conclude a shameful
peace, or enter upon a disgraceful war. The English
Government was only accidentally mixed up with this
ca a of the Cagliari in con,equenes of the presence of the
two English engineers on board that vessel. 'When he
entered upon his present office, his first duty was to
obtain their liberation. That had happily now been
effected, and the next object was to obtain satisfaction
for the injuries inflicted upon them, now that the law
officers of the Crown had declared they were entitled to
it. With respect to the action and feeling of the
Sardinian Government, it was inclined to go to war with
the King of Naples. That course her Majesty's Govern-
ment earnestly deprecated, because it would, in all
probability, lead to a European war. He thought that
hostile measures by Sardinia would lead to great dis-
asters, to avoid which they had further pressed upon the
Government of the King of Naples, the propriety of
abandoning the conefication of the Cagliari. They had
urged that the mediation of a friendly power should be
resorted to before appealing to arms. The Earl of
Clarendon bad urged that course, and he also advised
the Sardinian Government to have recourse to a friendly
power, and be believed that also was the course urged
by the other great powers of Europe. He had done all
in his power to preserve the maintenance of that peace
which was eo valuable to Europe.
The Earl of CLARENDON thought it very im-
portant for a maritime power like England not to
allow any illegality on the open seas, but he thought
it still more important that they should not put f )r-
-ward any claim or make any suggestion that they
could not legally enforce. (Hear, hear.) The only
question was, whether the Cagliari was legally seized,
and upon that point high authorities differed. It was
perfectly absurd to say th it she had surrendered, for
the facts proved that she was forcibly sized. The Go-
vernment, of which he was a member, At this question
as to the legality of the seizure of' the Cagliari or not.
In conformity with international law, a ship of war had
no right to interfere with a foreign merchantman on the
high seas, unless some act of violence had been committed,
beyond inspecting her papers for the purpose of ascer-
taining her nationality. The law officers of the Crown
were of opinion that there were peculiar circumstances
in this case which justified the capture ; but from all the
facts of the case, he did not think any court of admiralty
would condemn the vessel as a lawful prize. There was
evidence to show that her cargo was lawful ; that her
papers were in order ; that the crew had been over-
powered by a superior force ; and that at the time of the
capture the vessel was actually proceeding to inform the
Neapolitan Government of what had taken place. The
legality of the voyage and of the cargo bad been distinctly
proved. The owner of the vessel had suffered enormous
loss, and he (Lord Clarendon) must say that the Neapoli-
tan Court had violated the commonest principles of jue-
tice and international law in detaining the Cagliari ae a
lawful prize. (Hear, hear.) The charges made against
the engineers were wholly without foundation, and they
were clearly entitled to indemnity for their loss of time,
imprisonment, and sufferings. He entirely approved of
the course taken by his noble friend (the Earl of Maltnes-
bury.) (Hear, hear.)
Lord WENSLEYDALE said the question was
very important, and chiefly of a legal nature. At
present the seurcee of information were not satisfactory,
and it was also an unsatisfactory circumstances that
the present and late law officers -of the Crown dif-
fered in opinion with respect to the law. He
could not help saying that he thought the opinion of
the two law officers of the Crown, to which he had re-
ferred, was a very proper one. He thought that upon
so important a question as this was it would be right
to refer the question to the highest legal authority,
namely, the Judicial Committee of the Privy Council.
The noble lord then cited precedents to show that in
such like important cases a similar course had been
pursued.
Lord CAMPBELL did not concur in the suggestion
that this case should be sent for consideration to the
Judicial Committee of the Privy Council. That tribunal
was certainly competent to deal with the question, but
Parliament would be placed in a position of considerable
difficulty of theYedicial Committee happened to dis-
agree. The Neapolitan Government would, under such
circumstances, be in a better position than it was now.
He rejoiced to hear that compensation was to be sought
for Watt and Park, against whom not a sbadovv of cri-
minatory evidence bad been adduced.
The Marquis of CLANRICARDE expressed a hope
that the answer of the Secretary of State for Foreign
Affairs to the despatch of the Marquis d'Azeglio would
be produced. It was'clear from the papers already pro-
duced, that the Sardinian Government expected support
from that of Great Britain—not merely moral, but sub-
stantial support. He took exception to the remark of
the noble earl, that Naples and Sardinia represented
two extreme opinions. Sardinia represented sound con-
stitutional opinion, and throughout this affair had acted
with great moderation. (Hear.) The question was
whether Naples was to be allowed not only by Sardinia
but by us to do wrong. The answer to the above des-
patch would throw some light upon the subject of our
relations with Sardinia, and he hoped it would be pro_
ueed.
Lord CRANWORTH expressed a decided opinion
against the proposal to remit the question to the Judicial
Committee of the Privy Council.
The Earl of DERBY said he had no desire to recom-
mend the remission of this question to the Judicial Com-
mittee of the Privy Council ; for, as had been observed,
it might be very inconvenient, in the event of any variety
of opinion existing in that tribunal. Nor could the deci-
sion of the Judicial Committee be binding to the country.
With respect to the question of the noble marquis oppo-
site (the Marquis of Clanricarde) as to what had fallen
from the Secretary for Foreign Affairs, he believed that
his noble friend had not said Sardinia was a country of
extreme opinions, for he (the Earl of Derby) considered
that Sardinia, under extraordinary circumstances, had
maintained sound constitutional opinions ; but that Sar-
dinia and Naples, with respect to their Government,
represented two extremes, and that Sardinia was sup-
posed to represent the most extreme opinions in Italy,
while Naples represented the other end of tho extreme
opinions in that c iuntry. It was not his intention to
enter upon the points of law, or comment upon the
elver, but he could not withhold the expression of his
li4tisfaction that his noble friend (the Earl of Clarendon)
had stated his valuable concurrence in the course which
ber Majesty's Government had taken on this subj •ct.
That Concurrence of opinion on both sides of the heuse
would materially strengthen the Government in carrying
el the negotiations now in progress. The Government
Were not prepared to ley on the table the answer sent
Y.S._lnthe Government to the despatch of the Neapolitan
M later, as it would be hap nesible to do so during the
progress of the negotiations. He had only to add, that
m what the Government were now doing they were not-
ing with theentir coccurrenc3 of the French Government.
Tue French Government though; with the Erglish Go-
vernment that the capture of the Cagliari was illegal,
but as to the question tondeTanding compensation they
bad not yet expressed anytheybadnplnion. The. question of pecu
niary indemnity
questic, thought it expedient to keep
wholly apart from the
the legality of th,
seizure and the confiscation,
,Z.sa,s;itfic!
. n
tamed different views on these points,etit; had sensors cute, -
d thought
His noble
it expedient to keep them entirely dietilt, n
friend the Earl of Malmesbury had already stattl
they had promised to support Sardinia in seeking t.b
resti-
tution of the vessel ; but that would be purely a moral
They would use their good offices to b •
support. ring
about an amicable arrangement between the Sardinian
and Neapolitan Governments ; and in that course he
was happy to say they were acting in concert with
France; and the Government of the Einpercr, in con-
junction with their own Government, had recommended
the Government of Sardinia not to have recourse to
arms, but to call for the mediation of a friendly Power.
He was satisfied to find that the course they had pur-