Basque and Navarrese Charters: Abolition of Privileges 1839-1876
The Embrace of Vergara and the Law of October 25, 1839
In 1839, the Embrace of Vergara took place. Liberal and Carlist military ranks recognized and accepted the inclusion of their officers and soldiers into the Elizabethan army. They collected a vague promise to maintain the Basque and Navarrese charters.
Convention of Vergara and the Law of October 25, 1839
This marked the beginning of the process of abolishing ancient privileges. Signed by Espartero and Maroto, it sealed the government’s commitment to defend the maintenance of the Fueros (Jurisdictions). However, the commitment was very ambiguous. After two months, the Cortes (Parliament) passed a law upholding the Basque privileges. The October 1839 law established the mechanism to achieve reconciliation between charters and constitutions. The government would propose to Parliament amendments to the Fueros but must hear the Basque provinces and Navarre. It was not stated who would represent these territories, leaving the government with a free hand for the required amendments.
Arrangements for 1841: The Treaty Law
Anti-Fueros laws were passed in 1841. Navarre lost their courts but retained certain rights. The Basque Provinces lost certain privileges.
The Treaty Law of August 1841
Navarre negotiated and reached an agreement, while the Basque territories did not agree to any negotiation that would endanger the Fueros. The result of this agreement was the Treaty Law of August 1841. This law meant the end of Navarre’s privileges. It lost its legislative powers and tax breaks but maintained its civil law, administrative self-government, and even economic autonomy.
Decree of November 29, 1841
On November 29, 1841, the government failed to negotiate with the other three provinces but found an argument to impose its authority when an uprising occurred in the Basque Country in support of Maria Cristina. Among the rebels were fueristas, Carlists, and moderate liberals. Espartero put down the rebellion, supported by San Sebastian. By the decree of November 29, 1841, the Fueros were partially abolished.
Jurisdiction of the Moderates
When the moderates came to power in 1844, they returned some of the fueros powers. The return of the Fueros was a way to attract the fueristas. However, the moderates did not restore all the privileges, nor did the Basque liberals demand it: customs continued along the coast, and the pase foral (a mechanism for reviewing laws) was not restored.
The Second Carlist War and the Act of July 21, 1876
In 1872, the Second Carlist War began, and the army of Charles VII was able to control the Basque Country and Navarre, with its capital in Estella. The war ended in 1876 with the conquest of Estella, the flight of the Carlist capital to France, and the pretender’s exile.
Act of July 21, 1876, and the Abolition of the Fueros
In July, the Basque Fueros were abolished. The Act of July 21, 1876, a work of Cánovas del Castillo, extended the duties to bear arms and contribute to state spending to the inhabitants of the three territories. The law did not abolish the Foral regime entirely. However, due to the disobedience of the Juntas (Assemblies) and the Provincial Councils, the Foral regime was effectively dismantled the following year. Some functions would be maintained through the Economic Agreements.
The Economic Agreements: The Cupo
The decree of February 28, 1878, established how the Basque provinces had to comply with the constitutional provision and the Act of July 21, 1876, to pay taxes according to their means. This decree, valid for eight years, established certain cupos (quotas) that the provincial councils had to pay to replace what the State Treasury could collect.