The Sun.
London, England, 1858-04-05 00:00:00

THE O.APTCTRE OF THE CAGLIARI.-
OFFICIAL CuRRI,SPONDENCE.

The corresponidence on the subject of the capture
of the Sardinian steamer has just been laid tefore
Parliament. It is formidable in amount, and the
greater portion merely confirms the intelligence we
have from time to time communicated in these
columns. There are two letters in the collection,
however, one that of Count Cavour (dated March
18th, 1858), in reply to a despatch of the Neapo-
litan Minister Carafe, the other that of the Marquis
d'Azeglio to the Earl of Afilmesbury, dated March
24th, which we tthall extract.
The first, after demolishing the Commander
Carafa's argumem ts to show the legality of the
capture, thus spiritedly concludes :
" This brief notice will convince the Commander
Carafa that the cam. has brought forward does not in the
least degree strengt:hen his argument; but that, on the
contrary, it demolLites it most completely.
" Summing np lb e facts thus far discussed, the Go-
vernment insists n pon its former demands for the resti-
tution of the Cagliari and the liberation of the individuals
on board the same,, declining to take any account of the
asserted pending legal decisions, the cause from which
they are derived b eing an illegitimate one. It is of no
consequence that Bubattino or Sitzia, the former the
owner of the vessel; and the latter its captain, have recog-
nised the jurisdiction of the Prize Commission. The
rights contended for by the Sardinian Government are
international righ ts, founded upon the principles of
public order and sovereignty, which cannot possibly Le
invalidated by the acts committed by one or mere -uh-
jec:s, especially an der circumstances in which tne latter
were deprived of liberty of action. Besides which, the
firm of Rubattino and witted, by its acts, the exception cf
incompetency of dee courts of the Kingdom of Naples,
nor does there exist any precise act of adhesion to tie
said c, arts upon the question of the merits of the case.
"Equslly useless; it is to say that the foreigner is sub-
ject to the laws of the country in which he has committed
an offence. The competency which derives its efficacy,
on account of crime, implies the presecce of the criminal
in the territory wh ere he has rendered himself guilty ;
hut where the delinquent is no longer to be found, the
territorial Sovereivi can certainly require that the ac-
cused shall he tried by the.tribuna4 of his own c.iuntry,
but has not the power of arresti: glittn in tbe ',territory
of his native State. Now, the Cagliari, on the high sky,
was a fraction of the Piedniontese territory, and the
Neapolitan force bad no greater right to arrest there tis
individuals who vrere ewbarked on board her, than it
had, had they been overtaken in the port of Genoa, or
in the streets of Turin. Toe presence in Salerno of the
supposed guilty persons is the consequence of a vislation
of territory, and ant illegal act does not originate any
right in the trionnak which is discussing the petal suit
Whence it follows, As I have already mentioned in my
despatch of the 161;11 of January, that the Neapolitan
courts of law may ix;etitute proceedings in conttunacs,
against whams lever they presume to have taken part in
the attempts at Poseza and Sapri, without, however, the
Sicilian force being' empowered to transgress the tarri-
tori"el limits for the, purpose of seizing the accused.
I shall not el.,' e this despatch without replying to
an observation thrts wit out by Commander Carafa inci-
dentally, as it were, at the conclusion of his reply. He-
remarks that in this affair nothing more is required than
a careful and reguklr trial, as England herself has de-
clared.
"There is no nmessity to inquire if Great Britain, so
vigilant and jealous a defender of the pereens and pro-
perly of English subjects, is about to make remon-
strances to t,t3 Sicilian C .tut respecting the two en-
gineers, illegally arrested on board the Cagliari, one of
whom, in con,equ.esace of the severities of his imprison-
ment, has lost his sense in the most wretched manner.
"I know perfectly well that, in questions like the
present one, each State regulates its conduct according
to the impression it has of its own rights ; and I am also
aware that the Bri.sish Government, in the official and
written communitts tions made to the Government of
Sardin'a, has considered the capture of the Cagliari upon
the same principles contended for by us, and has ex-
primed a hope that the King's Government would
oppose so open a sriolation of the rights of nations.
"In this state of things I enjoin you to renew to the
Government of Naples the already preferred demand,
for the restitution of the vessel, together with the entire
cargo, and, cons equeutly of the crew and passengers
arrested on board :her.
"Should the Neapolitan Government persist in this
unjustifiable refusal, his Majesty's Government will then
have to take such measures as the gravity of the case,
tend the offended tights of the State, may require and
suggest.

" I beg you to read this despatch to his Excellency the
Commander Cara fa, with whom you will also leave a
copy of the same.

(Signed) "C. CAVOLTR."
The note of the Marquis d'Azeglio is equally
notable for its spirit. The intimation that Sardinia
will pursue the course of justice even independent
of Eugli,h policy, is au expression of national dig-
nity on the part of a weak state that may well
shame the more powerful. The letter runs thus
TELE MARQUIS D'AZEGLIO TO THE EARL OY
ESL uRY.

"23, Park-iane' March 24, 1858.
" The undersigned, Envoy Extraordieary and Minis-
ter Plenipotentiary tif his Majesty the King of Sardinia,
has the honour to acknowledge the receipt of the note
which his Excellency the Earl of ?Aalmesbury, her Bri-
tannic Majesty's Principal Secretary of State for Foreign
Affairs, did him the honour to address him yesterday.
"In accordance with the desire which is therein ex-
pre.eed, he hastens; to transmit to him the volume pub-
lished by the Neapolitan Government, entitled ' Suite
Preda del Cagliari.'
,‘ As he remarked to his Excellency, it was only on
the supposition that the volume had already been trans-
mit m .
trans-
mitted fro Naples, that was not included among the
paper., sent by the undersigned to the Foreign-office on
the 22d instant.
" In the note above meetioeed of yesterday's date,
his Excellency the Earl of Malmesbury communicates to
the undersigned some information relative to the note
addressed on the sth of January last, to the President of
the Council, by his Excellency her Britannic Majesty's
Minister at Turin. According to this information the
.
essential part of this wee owing t, aninadvertency
on the part of her Britannia Majesty's Secretary of
Legation.
" The undersigned sloes not consider himself in any
way authorised to make the slightest remark upon the
importance of a misunderstanding of this sort, of which
he received the first intimation front his Excellency in
his interview the day before yesterday. This importance
can only be equalled by that which an assertion so posi
tive, coming from her Britannic Majesty's representative,
must have had in the councils of the Government of the
King. The opinions of the English Government have
I too much weight with the Cabinet of Tulin, not to have
exercised an important influence upon the determinations
taken at that time.
" But, on the other hand, the undersigned is per-
suaded that he faithfully r. presents the sentiments of his
Government in affirming that, in a question of this. im-
portance, facts ought to be taken into consideration
rather than documents ; and in expressing once more the
hope that, in consequenee of the documents which have
thrown a new light upon the capture of the Cagliari, and
in consequence of the legal arguments which clearly
prove, in the view ( f the Cabinet of Turin, the right to
question the Neapolitan jurisdiction either to decide upon
the capture or to try the crew, that the inadvertency or
mist site may become a truth, and that the two Cabinets,
relying upon the same principles of ,international law,
may act in coecert to demand that which is their due.
"At all evente, if abandoned to its own resources, the
King's Government has fully decided to follow up this
affair with the prudence and moderation which have
cLiwacteritied its acts hitherto, but also with the energy