Was Nelson justified in cancelling the agreement entered into by Ruffo and his allies and the enemy? The question has been discussed with great vehemence and at prodigious length. Mahan’s opinion is that “his conduct throughout was open and consistent.” He is convinced that the Admiral acted up to his firm belief “that he not only had a right to suspend the Capitulation, because, though signed, it had not been executed, but that it was his bounden duty so to do; having both legal power and adequate force to prevent its execution.” Nelson “regarded himself as, and for the time being actually was, the representative of the King of the Two Sicilies, as well as the admiral of the British fleet. As representative, he was charged with the interests and honour of the Sovereign and had authority over all Neapolitan officials; as admiral, he wielded power to enforce obedience, if refused. Considering the terms of the Capitulation to be contrary to the interests and the honour of the Kingdom, he was under an obligation to prevent their going into effect, until the King’s decision, becoming known, should supersede his own discretion.” Laughton, whose biography of Nelson is much shorter than Mahan’s, and is therefore not so comprehensive, dismisses the matter by saying, “it is perfectly well established as the usage of civilised war that terms granted by a military officer are conditional on the approval of his superiors, unless he has distinct authority to negotiate, or the capitulation has been effected wholly or in part. In the present instance Cardinal Ruffo had not only no authority to negotiate, but he had express orders from the King not to do so.” By the fourth Article of the “Instructions to the troops of his Majesty, ordered to repair to the Bay of Naples,” dated Palermo, June 10th, 1799, “All the military and political operations shall be agreed upon by the Prince Royal and Admiral Lord Nelson. The opinion of this latter always to have a preponderance, on account of the respect due to his experience, as well as to the forces under his command, which will determine the operations; and also because we are so deeply indebted to him for the zeal and attachment of which he has given so many proofs.” By the tenth Article, “The acts of clemency concerning the noted offenders, and the pardoning of the same, are reserved for the King, excepting those stipulated in the articles of capitulation.” [Illustration: The Execution of Caracciolo Stephen Reid]