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1838. But, what did the same Sir John CAMPBELL do, in 1836? Let us remind him, and the public also;-it teaches a lesson worthy of being remembered.

In the latter year [1836] Mr. EWART,-who deserves the credit of having in three successive sessions, introduced the Prisoners' Counsel Bill, and carried it through the Commons, moved the insertion of the following clause:-" If the counsel for the prosecution replies, the counsel for the accused may answer," thus purposing to assimilate the law, so far, to that of "the country to which Sir John CAMPBELL belongs." But what did Sir John CAMPBELL (then, as now, attorney-general) do? He moved the omission of the clause-spoke against it -divided the house against it, and was, greatly to his apparent mortification, beaten. But the opposition to this just and necessary provision of the bill in the House of Lords, was more successful :-there the ministers and their opponents were for once agreed, and the accused party was left (in all cases in which he adduces evidence of any sort,) with two speeches to one against him,-which is certainly not equal justice.

Though we cannot agree with Sir John CAMPBELL, that it would be better to repeal the bill, than to allow it to remain without the introduction of the clause against which he moved, spoke, and divided the house,-for we believe, that even in its present state, it has been the means of saving from death or slavery many innocent persons,-yet we congratulate the public that personal experience, in 1838, has made the QUEEN'S ATTORNEY-GENERAL a convert to the principle which he opposed in 1836-the principle of justice and of reason, which allows him, who is put to answer for his life or liberty, the right of answering everything which goes to criminate him.

Mr. EWART's clause applied to cases of high treason, misprision of treason and misdemeanor, as well as to all cases of felony. We alluded at the time to the conduct of the ATTORNEY-GENERAL in the following words, which we quote from the Morning Herald of March 4, 1836:

"We are surprised that Sir John CAMPBELL, whose experienced judgment and acute understanding must have made him well aware of the

value of this clause (allowing the last word to the accused), should have attempted to get it rejected by the house; while Sir F. POLLOCK, a conservative, contends, on the side of liberality and justice, that nothing should be stated on the part of the crown but what the prisoner should have an opportunity to answer or explain. It has always appeared to us a monstrous privilege which the ATTORNEY-GENERAL claims in crown prosecutions, and which even his delegates (as at the special commissions) have latterly claimed and exercised, of replying upon the prisoner's counsel, even where no evidence has been adduced for the defence. Such a privilege could have had its origin only in those times when courts of justice pandered to the passions of a tyrannical government-when arbitrary principles invaded the sanctuary of the law, and our highest constitutional tribunals were somewhat tainted with the spirit of Star-chamber practice."

But, inasmuch as the ATTORNEY-GENERAL is now of opinion, that the practice which he strenuously supported two years ago, is a "great hardship, which no one can deny," we trust he will make use of his influential position in the Government, to remove this remaining portion of injustice from the law, and prevent it being turned as an engine to purposes not sanctioned by law, "in the country to which he belongs," as well as "in France, and in some less civilized countries."

English Licenses to slaughter the Biscayans.-May 2, 1838.

So at length it has been officially announced that the "miserable buccaneering war" of the British government on the Cantabrian coast, is at an end! At an end, at least, so far as it derived vitality and vigour from the one-sided suspension of our Foreign Enlistment Act, inasmuch as the order in council, allowing that suspension, is not to be renewed. The wholesale practice of carrying fire and sword, by British mercenaries, among a people with whom our SOVEREIGN is not at war, and with whom we have no cause of quarrel whatever, is no longer to receive the sanction of our peaceprofessing government; but murder by driblets-bit-by-bit buccaneering, is still to be legalized, if any persons, being subjects of the British Crown, choose to ask the ministers of our gracious SOVEREIGN for licenses to slay and plunder the moun

tain peasants of the Basque Provinces, defending the sacred cause of their country and its ancient rights and liberties.†

[+ The following particulars, (as well as some others for which we have not room,) regarding the ancient customs of the Biscayans, will be found in the Morning Herald of Sept. 28, 1839. They are so interesting that many an Englishman might have been induced to visit the country and primitive abodes of these hospitable mountaineers: but the name of England has now been rendered odious by its improper interference in the recent war of succession, in which the Basques took the side of DON CARLOS, because he had engaged to secure to them the continuance of their fueros. ED :-] The FUEROS of the Basque Provinces.

Perhaps no country in Europe is more influenced by traditions and ancient customs, than the three provinces of Biscay, Alava, and Guipuzcoa, named by the Spaniards Vascongadas; but more generally known by the denomination of the Basque provinces.

"There exists no written law in those countries: the oral and traditional law precludes all others. The nobility of families is not derived from parchments, but from the recollection of their constant resistance to the ever-increasing power of the Kings of Castile; and this spirit of independence was to them the proudest title of nobility. Each family preserves with careful veneration the names of its ancestors who took part in those old feuds, and the names of the Onazes and Gamboas are as famous in the Basque provinces, as those of the two factions which contended for the Italian empire, are in Italy.

"This attachment to their ancient privileges [which the Spanish Government had tried to deprive them of] was one of the causes of the late civil war. The concession of the fueros promised by Espartero, and which the cortes are disposed to grant, must have the effect of restoring tranquillity to those provinces whose heroism no one can deny. The following are the principal clauses of the fueros of the three provinces :—

"BISCAY."

"The government of the province is constituted thus :

"1. The corregidor, appointed by the King, sits and votes with the deputation; he must be a man of education, and a Biscayan by birth. He has three lieutenants, one of whom, called lieutenant-general, resides at Guernica. The corregidor, and his three lieutenants, take cognizance of criminal and civil cases, both in the first instance, and on appeal.

"2. The deputation. Two of its members are elected by the people; the corregidor is the third. Charged with the defence and administration of the country, it imposes taxes, and-in certain cases-sits as a supreme tribunal.

"3. The regimento is composed of the deputation, and six other members who are elected. It has the right of meeting once a year, and may be more frequently convoked by the deputation. Its functions are solely administrative.

"4. The general junta. Every town (burgh) has a vote in this body, and meets for this purpose in an electoral junta, to which all residents are

We confess it is with equal surprise and sorrow we observe the subject of these licenses to murder treated in the following manner by so respectable a journal as the where most we should have expected to find an indignant denuncia

admitted without exception or regard to property--the only condition being, that the individual must be a Biscayan of pure blood, of age, and resident in the country. Each town junta nominates a deputy, who, at the appointed day attends under the tree of Guernica. The deputation is seated on a bench, and calls the deputy of each town according to their rank, fixedfrom time immemorial. Each deputy details his powers, which the deputation has the right of admitting or rejecting; and the junta is constituted, after taking the oath, at the hermitage of D. Gourlo Mozas, about twenty steps from the tree. The subjects of debate are set forth in the Spanish language, but discussed in Basque. The meeting of the general junta is annual; it decides on whatever is to be done throughout the year, examines and adopts the expenses. The junta has the appointing to the different offices, and for this it divides the towns into two sections-namely, the Onazinos (partisans of Onaz) and the Gamboanos (partisans of Gambos. From each section three electors are chosen by lot, and propose a certain number of persons for each employment. Chance decides who are to be the successful candidates.

"Each section or band elects a deputy, three regidors and a secretary. The senorio of Biscay is composed of these officers; their functions last for a year; they are supported at the expense of the country, and their salaries are fixed by the general junta.

"The principal privileges of the country are

"1. To pay no taxes but those voted as a gratuitous contribution. "2. To enjoy the privilege of nobility throughout all Spain, by merely proving a pure Biscayan blood. (There are in Biscay about 70,000 nobility.) "3. The right of not being tried out of the senorial jurisdiction, except upon appeal before the judge royal of Biscay, who unites in himself the judicial power, called the real audiencia of Valladolid.

"4. Of having no intendants.

"5. No monopoly of sales.

"6. Of not paying any duty on imports.

"7. No royal administration, that of the Post-office excepted.

"8. Of not being obliged to receive any Spanish troops, or to furnish any recruits to the army.

"9. The right of defending their own territory.

10. To deal summarily with the King's agents who may commit injustice or offences against the law.

[Respecting Alava and Guipuzcoa, see Morning Herald, as above. Foreign (i. e. Spanish) troms cannot form a garrison in any town, except Irun and St. Sebastian.]

"The population of Biscay is 144,875 souls; of Alava, 92,807; of Guipuzcoa, 135,838."

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tion of the continuance of any remnant of the immoral and revolting practice which, as a whole, ministers have now abandoned. Our contemporary says:

"As to the licenses, they are a matter of little moment-few will be foolish enough to avail themselves of them, and of such this country is well rid. Men who, without any justification of a patriotic motive, choose to make a trade of the slaughter of their fellow-creatures, are citizens that a civilised nation can well dispense with."

Licenses to marauders to go out to shoot human beings, as one purchases a license to shoot partridges and pheasants, a matter of little moment! Well! we wonder what violation of the laws of morality—what outrage against justice and humanity by our" reform ministers," will next be considered" a matter of little moment!"

It may be very true that "men who, without any justification of a patriotic motive, choose to make a trade of the slaughter of their fellow-creatures, are citizens that a civilized nation can well dispense with." But that is no reason why the Government of a civilized nation should accommodate such persons with licenses to legalize the trade in human blood—a trade still more disgusting and immoral than the slave trade, which the British parliament abolished more than thirty years ago, because the gain which it brought to her commerce was the price of human misery, and a source of national demoralization.

* * *

FONTHILL ABBEY.-1823.

[Mr. Sydney TAYLOR visited FONTHILL ABBEY during the celebrated sale, in the autumn of 1823, when those rich and varied treasures of art and vertú collected together by the magnificent taste of its founder, Mr. BECKFORD, were again scattered abroad by the hammer of the auctioneer. Many of Mr. TAYLOR's critical observations were published in the Morning Chronicle, and attracted much attention. We have selected two or three of them and also given extracts from several letters addressed to a friend during the time of his visit there, which will be interesting to some of our readers. ED.]

Fonthill Abbey, Sept. 10.-" There have been so many loose and vague accounts of this extraordinary place published, that very conflicting opinions with respect to the merits of the

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