Law of 1839: Confirmation and Fate of Basque Fueros
Text Classification and Purpose
This text analyzes two articles of the Law of 25 October 1839. This text is classified as follows:
- Form: Law
- Content: Legal and Political
- Origin: Historical Source
Furthermore, it is a primary source as it was written contemporaneously. The law was authored by the Spanish Courts (Cortes) and initiated under the regency of María Cristina. This public text was addressed to the four Basque provinces: Biscay, Gipuzkoa, Navarre, and Álava. Its primary purpose was to ratify the Fueros (regional charters) in these four Basque territories.
It was drafted on October 25, 1839, towards the end of María Cristina’s regency and marking the conclusion of the First Carlist War.
Analysis of the 1839 Law
In early 1838, Carlist General Maroto began secret negotiations with the head of the Liberal army, Espartero. These negotiations culminated in the Embrace of Bergara in late August 1839. Following the Carlist defeat in the Basque Country and the Embrace of Bergara, the Law of 25 October 1839, also known as the Confirmation of Basque Jurisdictions or Fueros, was enacted.
The Basque Fueros were a set of traditional laws, customs, and privileges rooted in history, potentially dating back to Theobald I’s reign. They were organized under the concept of ‘Pyrenean right’ and governed by the General Charter (Fuero General). While originating earlier, elements were codified as early as the 13th century, gaining more formal recognition over time, particularly by the 17th century. The Fueros granted significant autonomy to the ruling classes and offered protections, such as exemption from mandatory military service, to the broader population. Despite numerous attempts by central authorities to suppress or curtail them, the Fueros largely endured in the Basque territories, often defended through resistance and uprisings known as matxinadas. The 1839 law ratified these traditional privileges in its two articles, confirming their preservation within the constitutional unity of the Spanish monarchy while allowing for necessary modifications subject to parliamentary (Cortes) approval.
Historical Background
The Law of 25 October 1839 was enacted during the regency of María Cristina. Its origins lie in the dynastic conflict triggered by the death of Fernando VII in 1833. Fernando VII had established the Pragmatic Sanction to allow his daughter Isabel II to inherit the throne, overriding the earlier Salic Law which favored his brother, Carlos. This dispute led to the First Carlist War (1833-1840) between the supporters of Isabel (Liberals) and the supporters of Carlos (Carlists or Absolutists).
Isabel II’s ascension to the throne in 1833 marked the beginning of Carlist revolts. General Zumalacárregui initially led successful campaigns for the Carlist cause. The war intensified, notably with the siege of Bilbao in 1835. However, Zumalacárregui’s death during the siege and the subsequent rise of General Maroto within the Carlist ranks altered the conflict’s dynamics. The Embrace of Bergara in August 1839 effectively concluded the war in the Basque region, leading to the enactment of the Law of 25 October, which confirmed the Basque Fueros following the Carlist military defeat.
In 1840, the Foral Deputations (Diputaciones Forales) demonstrated loyalty to María Cristina. Subsequently, the Law of Pacts (Ley Paccionada) in 1841 significantly altered Navarre’s status, transforming it into a regular Spanish province while retaining some fiscal autonomy, effectively abolishing its separate kingdom status and Fueros in the traditional sense. Despite these changes, the concept of Foral rights persisted. During Isabel II’s reign, the Decree of July 4, 1844, partially restored some aspects of the Fueros in Biscay, Gipuzkoa, and Álava.
The Glorious Revolution of 1868 led to the overthrow of Isabel II. In the ensuing political instability, Carlos VII, a Carlist pretender, emerged as a significant contender for the throne. This contributed to the outbreak of the Third Carlist War (1872-1876), during which Carlists gained significant control over the Basque Country. However, the restoration of the Bourbon monarchy under Alfonso XII led to the defeat of the Carlists. By 1876, the central government definitively abolished the remaining Fueros in Biscay, Gipuzkoa, and Álava through the Law of July 21, 1876, imposing universal military service and centralized tax collection.
Significance and Consequences
The Law of 25 October represented a compromise between Carlists and Liberals following the Embrace of Bergara, aiming to maintain the Fueros.
However, this law failed to provide a lasting solution for the Fueros in the Basque territories. It ultimately paved the way for their suppression, first through the 1841 Pact Law (Ley Paccionada) which abolished the Fueros in Navarre, and later with the Law of July 21, 1876, which permanently abolished the Fueros in the Basque provinces (Biscay, Gipuzkoa, and Álava) after the Third Carlist War.