The Sun.
London, England, 1857-11-19 00:00:00

NAPLES.

NAPLES, Nev. 10.—The following is a translation
of a legal opinion as to the prohibition by this Go-
vernment to permit the English engineers now in
prison to see their Consul, it will add to its autho-
rity if it is known that it is the united decision of
several of the first advocates of Naples after a long
and laborious discussion.
" According to the law, an imputato cannot
speak with his advocate until the process has been
made public ; that is to say, until the instruzione
of the case is completed, and it has been handed
into the Chancery of the court previous to trial. In
English phraseology we should say until a true bill
has been found. The trial may then be proceeded
with immediately ; but usually an interval of
a few. days elapses, when the prisoner is per-
mitted to communicate with his counsel." Now,
m irk, this the only prohibition set up by the
Neapolitan law ; and even this has ceased to
exist, as the instruzione with regard to these
men is completed, and, they have been tent down to
Salerno to stand their trial. The law, however,
throws not the slightest impediment its the way of
a prisoner's having free communication with his
relatives, friends,
or representatitee, and it is an
established maxim that silence sanctions. Such
1)s-dug the law of Naples, what is the position of the
two British subjects now in prison at Salernos
The circumstances of their arrest are well known.
This is tke fifth month of their confinement without
trial. Not a friend has been permitted to visit
them Our energetic Acting-Consul; Mr. Barbar,
has made repeated applications for permission to do
so, without effect. Lord Clarendon has directed a
formal demand for such a permisiion, still the doors
move not. The Neapolitan law is grossly violated
in the case of two British subjects, and the name of
Englishman ceases to be a protection in the world,
when, in the Two Sicilies ab NO all other countries,
men who bear the honoured name can be treated
with such indignity with impunity. Ara the social
amenities, and a desire to conciliate the dear Ma-
jesty of the Two Sicilies, again and again to be
urged as a reas for not maiuta,ining our national
dignity ? Why, his Majesty laughs at us, and sets
us at defiance, and we have become a byword
throughout Italy !

SPAIN•
The Madrid journals of the 14th give details re-
specting the new conspracy discovered in aim/lona,
from which it appears that it was got up by Carlists
and Republicans, and that some members of the
former party, residing in France, were concerned
in it. They add that a notorious Carlist, named
Montserrat, who was at the head of the affair, had
been arrested and condemned to death ; but that
his execution had been postponed in consequence
of biS having offered to make disclosures. The
Queen has ordered court mourning for a fort-
night, for the late Duchess de Neniours. The
Clamor Public° states that it is not likely that the

financial crisis under which several countries of
Europe are labouring will affect Spain, and that
the situation of the bank of that country is highly
saqsfactor3r. Several of the journals speak of the
probability of taking off the state of siege in the
provinces of Valence, Aragon, and Andalusia. The
price of wheat continued to give way. The Madrid
journals continue the publication of the defence of
Queen Christina ; they have now arrived at the
chapters which refer to the share her Majesty had
in the affair of the A.ranjuez railway.

The Chamber of Accusation of Genoa closed the
inquiry on the disturbances of June last on the
13th inst. Of the accused, 42 are to stand their
trial before the Court of A-,size ; seven, including
Miss White, are set ai liberty, ani orders of arrest
have been issued against 20 more who have ab-
sconded. M. Savi, the editor of the Italiane
Popolo, is among those who are to be tried.

The reduction of the Austrian army hag been
sauctioncd.

The Marquis of Normanby, British minister to
the courts of Florence and Parma, ar: ived at the
latter city on the 9th, with Lady Normanby. On
the following day, they received an invitation to the
royal villa of Sala, whence they returned on the 12th
and set out immediately after for Modena.

ARRIVAL OF THE AUS.PRALIAN AND

BOMBAY MAILS.

The Royal Mail Company's steamer Aus-
tralasian, Captain Jaffray Sceales, arrived at
Southampton yesterday afternoon, with the heavy
portion of the mails from Australia and Bombay,
comprising in all 513 boxes. She left Alexandria
on the 6th inst., at 8 a.m. and Malta on the 10th,
at 7 a.m.; had fine weather, with fresh breezes and
smooth sea, during the voyage.
The Australasian brings in all 55 passengers,
among whom are Captain Bird and Captain Ellison
(Aide-de Camp to General Pennefather), invalided
Ifrom Malta. On freight she had 149 packages of
golddwst, value 525,9161. sterling; and her cargo
consists of 283 casks of dates, 73 cases of gum, 31
bales of wool, 139 trusses and 10 cases of elephants'
teeth, and 64 packages of sundries.
At Alexandria were her Majesty's surveying
steamship Tartarus, the Peninsula and Oriental
Company's steamships Indus and Valetta, and a
Russian frigate and brig (names unknown).
At Malta were her Majesty's ships Royal Albert
(flag of Admiral LordiLyons), Conqueror, Princess
Royal, Centurion, Vulture, Vigilant, Coquette,
Boxer, Wanderer, Harpy, Hibernian gaardship,
and Supply storeship. i
The Australasian did not speak any chips on the
passage.
The Enieu, which brought the Australian mail to
Suez, ran ashore, as has already been stated, on a
coral reef in the Red Sea, about 700 miles from
Suez. She was going at fell speed, and ran about
30 feet on the reef. After being stuck fast for 53
hours, she was got off by cutting away the rock and
backing her out. She was torn very much forward,
and made water fast. She was then driven on a
favourable beach, and the water pumped out
of her by the crew and passengers, and patched up
so that she was enabled to reach Suez. If it bad
not been for her watertight compartments and the
exertions of the passengers she would never have
got off the rocks. She was ashore eight days re-
pairing. The Admiralty agent, wish two passengers
and the purser, left the Emeu, and went on board a
native sailing boat, carrying with them about 150
boxes of mails, containing chiefly letters. This was
three weeks ago, and it is not expected that they
can reach Suez oefore the latter end of this week.
They are in an open boat, with a head wind, and
theirsufferingsmust be dreadful. The Emeu's going
ashore was the fault of the native pilot. She will
be unable to proceed to Australia with the mail
which left England on the 12th ult., and will have
to go to Calcutta, or some other ndian port, in
1 company with another ship to be repaired. The
outward Australian mail of the 12th ult. must wait
at Suez for the Simla, which is expected at that port
I on the 22d inst. The Australasian will prove a fast
steamer ; she, however, consumes a large quantity
• of coals.
1

In addition to the intelligence from New South
Wales to the 10th Sept., which we published on
Monday, and that from Melbourne to the 17th,
which we gave on Tuesday, as received via Mar-
seilles, the following information about the affairs of
the province of Victoria is suppliad by the completer
files of the Melbourne Age and Argus which have
now come to hand.
In the Legislative Assembly the Government has
succeeded, notwithetauding great opposition, in
passing the Land Bill, the effect of which wilt be
to give all the squatters a legal tenure and priority
of purchase of the extensive tracts of public land
occupied by them as sheep-runs. It is expected,
however, that in the Upper House, or Legislative
Council, the bill will undergo Caine modificatiou.
The Argus says :
That ?antlers, as well as squatters, have a right to
enjoy the use of a portion of the unsold crown lands for
depasturing purposes, has been admitted by the bill
lately passed by the assembly. Whether this ever
becomes law or not is still very doubtful ; but as
the bill now stands, it is proposed that, on petition
from the occupiers of cultivated land, the Governor in
Council shall have power to set apart as agricul-
tural pasturage an extent of waste land in their immedi-
ate neighbourhood equal to tbat held by the petitioners.
'This recognition of the right of agriculturists to a share
of the natural pasturage is of more value as a matter of
principle than for the actual benefit that will be conferred
on the present tillers of the soil by the bill, if it is finally
passed in its present shape. This privilege is to be
granted on terms which will prevent many of the farmers
from obtaining any portion of the so-called agricultural
pasturage at all, and will not allow of its being turned
to the best account by those who do. All lands taken
from the licensed squatting occupiers for this purpose,
are to be exposed to public auction in lots of such extent
as may seem best to the Land Board, ned let for one
year to the highest bidder. Under this system of com-
petition it is not probable that the grass-land set apart
for their use and benefit will be divided among the
farmers in proportion to the quantity of purchased land
held by each. Even though it may be put up in small
lots, it is almost certain to fall into the hands of a few
persons who will be able to pay a higher rent per acre
for a number of these small allotments than each would
be worth by itself. As these are only to be let for one
year certain, it will not be worth the holders' while to
feece them in, and but little use can be made of 50 or
100 acres of unfenced land. Of far more benefit will be
the power proposed to be given to future purchasers of
special country lots, of not more than 160 acres each, to
occupy an adjoining allotment of the same size for pas-
toral purposes, for which he will have to pay a yearly
rent at the rate of 6 per cent. on the value, with a right
to complete the purchase at any time within three years
if he shall have brought into cultivation two-thirds of his
own allotmeet. This provision will be beneficial to the
settler, not only in giving him the use of a portion of
grass-land for a time at a moderate rent, but it will, in
point of fact, enable him to purchase a farm of 320 acres,
or less, and retain half the purchase-money for three
years, for the purposes of improvement. To small capi-
talists this wid be a very great boon.
We also find the following :
A bill for amending the law relating to the management
of the gold fields is passing through the Assembly, One
dies principal provisions consists of the'abelition of the
present local courts, and the substitution for them of
two courts, one of a judicial and the other of a legislative
character—the former to be hell under the presidency of
judges to be appointed by the Governor. The Legisla-
tive Court will be elective. The two courts will maks
all rules for the local management of the gold fields on
which they are situated, will determine disputes, settle
claims, and will severally fulfil the functions of county
courts and municipal council-.
After eoteiderable dither, Mr. Daffy has brought up
the report of a select committee appointed many months
ago to consider the question of a federal union between
the Australian colonies, and the following are its princi-
pal recommendations :-
1. That the legislatures of New South Wales, South
Australia and Tasmania, be requested to select three
delegates each, two of whom might be members of as
sembly, and one a member of council, to meet three dele-
gates from this colony.
12. That these delegates assembled in conference be
empowered to frame a plan of federation, to be after-
wards submitted, for approval, either to the colonial
legislatures, or directly to the people, or to both, as may
be determined ; and to receive such further legislative
sanction as may appear necessary.
3 That the expenditure incident to the Conference
enall be borne by the respective colonies, in whatever
propor i ins may he fixed by the Conference itself
4. That the Conference shall hold its meeting in what-
ever place the m:sjority of the delegates may determine ;
their decisions being interchanged in writing within a
month of their elections being completed.
No little interest was excited by a movement on the
part of the Attorney-General for the abolition of State
Ai 1. When the third readicg of the bill was called for,
in the Lower Reuse, it was announced that an " ar-
rangement" had been made by a compromise of conflict•
ing opinions, the result of which would be that of " ex-
tending the period of State aid being granted to clergy.
men to 1860 instead of 1859, and limit the granting of
stase aid for building purpieses to 1860 instead of 1861,
as prici led in the bill as it at present stands." So it
resulto2.
The report of the railway committee has been issued.
TLey recommend that the construction of railwte should
be committed to the state, and not to private companies,
that the structure of the works and permanent way
should be strong, durable, and substantial ; and 2 trunk
lines should be first farmed—one from Geelong to Bal-
larat, the other from Melbourne to Sandhurst—with a
view to further extension to the Murray ; that they
should be commenced at the same period ; that each of
these should have a double, not single line of rails, that
contracts for the execution of tae works are to be taken
by tender, either for the whole of the lines or for sections
of them ; that tee contractors, before engaging in the
works, must deposits sufficient sum with the government
as security for the proper performance of the contract

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