The Sun.
London, England, 1841-11-09 00:00:00

MORNING SUN

SPAIN.

The following decree was issued by the Regent on the
29th ult., and which may be termed the new Constitution
of the Basque provinces :

" TO HIS HIGHNESS THE REGENT.

" Most Serene Senor—The rebellion which was ex-
cited against the lawfully constituted Government of this
country has been crushed ; it now becomes the duty of
the same Government to establish its triumph, and to
put an end for ever to new reactions. The general attri-
butes conferred by the Constitution of the monarchy on
the Executive, us well as the special powers granted
by the law of the 25th of October, 1839, are sufficient to
point out the line of conduct which it is now necessary
to follow, freed as it is from the obstacles which formerly
encountered it in a more legitimate form, but which
have now completely disappeared. The deputations
of the three Basque provinces, having falsified their in-
cessant protestations of loyalty, raised the standard of
insurrection, but startled at the cry of horror uttered by
the entire kingdom, they have abandoned the country
which they intended to compromise, carrying with them
the conviction that the Basques would not make common
cause with rebels. The administration thus became
helpless, and the superior political authorities saw at
once the necessity of adopting provisional measures, in
order that the action of the Government should not be
paralysed, and in order that the serious evils thus threat-
ened might be avoided by the people. Under these cir-
cumstances, the first consideration suggested was that of
reorganization, and the Minister who subscribes this
paper is of opinion that a case has arisen for the appli-
cation of the principle of constitutional unity, and that
to this principle must now be submitted every other spe-
cies of institution, however previously opposed to it.
" The Government charged by the 45th article of the
Constitution with the preservation of public order in
the interior* cannot confide this case to mere agents,
who boast of an absolute independence, and who have
practised an opposition to its determination of so sys-
tematic and uninterrupted a kind as not even to stop at
rebellion. The Government, though not professing
principles of such extreme centralisation as to crush
all provincial and municipal interests beneath the weight
of the fiscal authority, proclaims the administrative unity
and the real dependence of its agents in everything
which relates to the functions conferred on them by the
Government : to act otherwise would be to render any
system of government impassible ; and such a thing as
Ministerial responsibility would have no existence.
Hence arises the necessity of confiding the protection
and public security in the Basque provinces exclusively
to the agents of the Government.
" The action of the executive power is now the only
one which suffers impediments under the present system.
The Legislative authority receives a new veto which is
not recognised, but rather repelled by the constitution.
The laws solemnly sanctioned by the Crown, after
having been voted by the Cortes, in which the Repre-
sentatives of those same provinces are sitting, as well as
the decrees of the Government, are obliged to be sub-
mitted to the feral pase,f and those laws, and those de-
crees, which happen to please the provincial authorities
arc the only ones which obtain their ratification. Neither
is the judicial authority exempt from the ordeal of the
pase ; its judgments are contravened by the strange in-
tervention of a Provincial Administration, which assumes
to itself the power of impeding the execution of the ju-
dicial sentence.

" Thus the pose conspires against the harmonious di-
vision of the high attributes of the State, against the
dignity of the Crown and of the Cortes, against the
powers of the Government, and against the judicial in-
dependence and authority of the courts of justice. Such
an anomaly must therefore entirely cease to exist, inas-
much as it is incompatible with the fundamental laws of
the monarchy.

" The 69th article of the Constitution provides that
the deputies of provinces shall be named by the same
electors as the deputies to the Cortes. In the Basque
provinces the right of electing is limited to a very few
persons, and those do not represent the country ; in the
province of Biscay the election is conducted by ballot.
The absurdity of such systems of franchise has the ef-
fect of imposing on certain families awl casts the
whole weight of the public burdens, so as to render
them the patrimony of a .few. With respect to the
ayuntarnientos, it is not the quality of Spaniard or of
resident which confers the electoral right, active or
passive ; to be an elector it is necessary to be an hidalgo,
or a Biscayan by origin. The modes of election vary in
every town, according to its peculiar ordinances and cus-
toms. Thus it happens, that froze the election made in
council to that effected by the ballot, or by lot, there are
manifold forms of municipal organization. Privilege
takes the place of general rules, the municipal offices are
retained in perpetuity by a few, who seem to assume the
right of transmitting them to their descendants, and that
article of the constitution is of no avail which declares
that all Spaniards are equally admissible to public em-
ployment and public offices, according to their capacity
or their merit. The time has come when such a mono-
poly must cease. Your Highness has promised to free
the people from that disgraceful tyranny by ‘thich they
are bound. The 69th and 70t4 articles of the consti-
tution must be now seriously realised.
" The Minister who has the honour of addressing to
your Highness these observations, proposes their appli-
cation to the Basque provinces, as the necessary means
whereby to preserve the constitutional unity, and to free
the people from the privileges which crush them.
" The judicial organization which has been established,
al® well at the instance of the towns themselves as from
the obligation imposed on the Government of taking
care that justice should be promptly ana completely ae-
miaistered, has already effected remarkable ameliora-
tions, notwithstanding the obstinate resistance of the
deputations. Biscay-, whose judicial divisions and attri-
butes present a chaos, still exhibits the anomaly of deal-
dias rendered patrimonial by fuere—that is to say, that
there yet'exists there the absurd principle that the obli-
gation of administering justice is a right, or privilege,
which can be purchased and transmitted as any other
species of goods which constitute the property of private
individuals. The creation of judicial districts is an exi-
gency of society which can no longer be deferred.
The establishment of custom-houses along the coast
and frontier has always been considered as beneficial.
It is recommended by all the good principles of adminis-
tration and economy. Agriculture, industry, and corn-
tierce, all equally require it, and it is exacted by the ne-
cessity of constitutional unity. These measures are by no
means of a novel kind. In the reign of Philip V., and
during the preceding constitutional epoch, they were
-brought into ofnct ; in order to consult the good of the
Basque provinces as well as that of the entire nation
these same measures must be now adopted.
"But this is not all ; until a permanent 3drninistra-
tion for the country be organised a provisional one must
be created. The attempt lately made in Guipusooa§ has
produced good results. The election of an admi.listra-
tire and deliberative commission ought to be extend sad to
the provinces of Alava and Biscay, in order that by these
means the collection, distribution, and employment of
the public funds may be properly secured, and that Vic
political and material necessities of the people may b. I
consul ted.

" These considerations induce me to submit to your
highness the following project of a decree.

‘z.FACUNDO INFANTE.

" Vittoria, Oct. 29, 1841.
" ' DECREE.
" ' The re-organization of the Government of the
Basque provinces having become indispensible, on ac-
count of the reasons which you have detailed to me above, _
after the manner required by the public interest; and the
principle of the constitutional unity, sanctione3 by the
l•aw of the 25th of October, 1839, I, as Regent
f her
kingdom, in the name, and during the minority .0
*of the
Majesty th© Queen Donna Isabella Segunda, dem Y : et. the
" ' Article 1. The political corregidors of Biscay •and
Guipuscoa will take the denomination of Superior l'°-
'ideal Chiefs.
"62. The protection and security of the public in ili e
three Basque provinces will be committed exclusively • to
the Political Chiefs, Alcaldes, and Fieles, under their ,
inspection and vigilance.
. 63. The ayuntamientos will be organized in ac-
cordance with the general laws and regulations of the monarchy, the elections taking place
in the month or ' , December of the present year, and those elected taking •
possession of office on the Ist of January, 1842.
.6 4. Provincial deputations will be named in accor-
dance
with the 69th article of the constitation, as well
as with the laws and regulations affecting the whole of i
the provinces ; and such deputations will be substituted
for the general dtputaations and thefitel and particu-
prOvinces.
far juntas of the asq
first election to
' eto be determined on by the Go-
vernment.
..65. For the collection, distribution, and employment
e period of the installation of '
the provincial deputations,
of the public funds until the
there will be appointed to
_,
each province an administrative commission, composed
of four individuals named . by the Political Chief, who
will also preside at its distribution,i ihso
daenldhearva e
etivtheferirgthhtotsoe
vote. This commission willbe a
purposes considered necessarytiolyistliieillPeoxlietirecaliseCthhieefflune.
" ' 6. The provincial depute
presentwell
as t
ho
setions which have been exercised
mo-
ment by the foral deputations and juntas,
which are confided to them by t up o the
es
deputies of the Cortes,
he general laws of the
nation for the election of senators,
the Political
and the province, and the ayuntamntos. Until such
provincial depntations shall be installed
Chiefs shall perform the whole of their functions, with
the exception of the intervention in the election of sena-
tors, deputies to the Cortes, and of the province.
" ' 7. The j udicial organization in the three provinces
will be assimilated to the rest of the monarchy. In that
*
of Alava there will be brought into effect the division of
districts, as provided for by the order of the 7th
of Sep-
tember of the present veer ; and in that of Biscay
the
demarcation of the judicial districts will be pertected
without delay.
"'B. The laws, the enactments of the Government,
and the judgments of the tribunals, will be executed in
the Basque provinces without any restriction whatever,
in the same manner as they are executed throughout the
other Provinces of the kingdom.
"'9• Custom-houses will be established from the Ist
of Deceinber of the present year, or sooner if possible,
along the coast and the frontier, and, in addition to
those which have been al: early placed at San Sebas-
tian and Passages, similar establishments will be formed
in It un, Fuentar
d Bilbao. tibia, Guetaria, Deva, 13ernieu, Plencia,
6" 10. The Ministers of Grace and Justice!, of Finance,
) i tne • Home Department, will adopt the necessary
,treasures for the proper carrying into effect of this de-
cree. You will take care that th above shall be carried
into effect, ecc.
" "The Duke of VICTORY.
" ' Vittoria, Oct .29, 1841.'F ACUNDO INFANTE. "
The following is an extract from the General Order,
conferring a new decoration on the National Guards of
San &bastion, for the eminent services rendered by them
during the period of the late insurrection. The Nationals
of Pampeluna are equally honoured :—" His Highness
the Regent-of the kingdom, desiring to afford public tes-

timony of the esteem which the loyal conduct of the
troops under his command merited during the events
which occurred from the 2d of thg present month, when
the execrable rebellion of Don Mopold O'Donnell com-
menced, has been pleased to grant to the individuals com-
posing the force alluded to a cross of distinction confor-
mable to the model approved of, which those who are
decorated may wear on the breast in the usual manner.
His Highness has been also pleased to grant the same
distinction to the individuals composing the National
Militia of San Sebastian, as a reward for the patriotism
and fidelity with which they distinguished themselves,
protecting the important town entrusted to them from
the very commencement of the rebellion now so hap-
pily crushed."
The following is a translation of the address to the
Regent from the Ayuntamiento of San Sebastian:—
TO THE REGENT OF THE KINGDOM, &C.

" Victory crowned your brow with her laurels. You
gave peace to the country, and the Spanish people con-
fided to your care the deposit of their laws, their honour,
and their Queen. No one is so worthy of such great
and such distinguished confidence.
" An impious faction tried to deprive Spaniards of their
rights and of their Government. You flew to crush it,
and it had not courage to await you. Your name terrified
the rebels; in flight alone they sought for safety.
" We remained loyal, because we have sworn to remain
so, and we have never, no, not once, violated our oaths—
those oaths which repose on our convictions.
"A second time the pacificator of our country, we
render to your Highness the homage of our sincere gra-
titude. Deign to receive the protestations of the pure
attachment which we profess.
" And if our conduct merits the esteem of your High-
ness, our satisfaction will be complete, our desire will be
gratified.
" San Sebastian, Oct. 30."
(Here follow the names of the members of the Ayun-
tamiento.)
• The article to which Senor Infante refers is the follow-
ing :—" La potestad de hacer ejecutar las leyes reside en el
Rei, y suautoridad se estiende a tode cuanto conduce a la con-
servacion del order public° en lo interior, y ala seguridad
del estado en lo esterior, conform() a la constitution y a las
leyes."—Constitution de la Monarquia Espanola, Tit. vi.,
Art. 45.
t Pass is the privilege of affirming or rejecting the Royal
decrees, or the enactments of the Legislature, assumed by the
feral authorities within the Basque provinces.
" Ayuntamientos will be chosen for the internal govern-
ment of the towns, to be named by those inhabitants on whom
the law confers the right of elections."—Tit. xi., Art. 70.
§ Referring to the Commission of Finance named by the
Political Chief a few days since, after the desertion of the
deputation to Bergara, and to which I alluded in a late com-
munication.