Confirmation of Charters after First Carlist War: Analysis
Law of Confirmation of Charters Analysis
We are introduced to discuss a text titled “Law of Confirmation of Charters,” which shows us the decisions taken by Parliament and approved by Queen Maria Cristina de Borbón regarding the maintenance of the charters after the First Carlist War (1833-1839). Dated October 25, 1839, shortly after signing the Convention of Vergara.
The commentary will proceed as follows: location of the text, analysis, and contextualization. It ends with brief conclusions, noting the significance of the text.
1. Location
a. Nature of the Text
- Objective (Informative)
- Political
- Primary Historical Source
b. Author
Collective: Courts
c. Date
October 25, 1839
d. To
Public
2. Analysis
The theme of the statutory text is the aftermath of the First Carlist War between the Carlists and Elizabethans.
Main ideas of the text:
- Confirmation of the charters in the Basque provinces and Navarre, provided it does not violate the constitutional monarchy’s unity.
- The possible accommodation of the charters to the Constitution.
The Cortes assembled in Madrid addressed the issue of existing charters through the law enacted on October 25, 1839. This law (signed by the Queen Regent, Mrs. Cristina) states:
Article 1: Confirmation of the charters, adding “without prejudice to the constitutional unity of the monarchy.” Some authors saw this as a way to render the charters meaningless, but nothing happened.
Article 2: As a result, the courts are authorized to review the Jurisdictions in light of the Constitution to see if any laws should be modified or eliminated. Its aim is to reconcile the interests governed by the privileges and the interests of Spain. Also, this law will serve to resolve any doubts and difficulties.
3. Context
The last government of Fernando VII comprised absolutists and moderate liberals, prompting opposition from both hardline absolutists and liberals. His brother, Carlos María Isidro, saw an opportunity to reach the throne upon his brother’s death, as Ferdinand had no sons. However, in 1830, Ferdinand married Maria Cristina de Borbón and had a daughter, Isabel. He then promulgated the “Pragmatic Sanction,” revoking the Salic law and allowing women to reign. To protect Isabel’s rights, Maria Cristina, now a widow, drove Carlos to Portugal. Shortly after the King’s death, the Cortes proclaimed Isabel the legitimate heir. Don Carlos rejected this decision and started a civil war, known as the Carlist Wars, which developed in three stages.
The war pitted the Carlists (supporters of Infante Don Carlos) against the Elizabethans (supporters of Isabel II). Initially, the Carlists were supported by much of the peasantry, landed gentry, and lower clergy, based in rural areas and the Basque provinces, Navarre, and Mastership. They defended absolutism, the privileges of the estates, and the rights of the Church. The Elizabethans comprised landowners, intellectuals, businessmen, officials, nobles, and high clergy, defending the constitutional monarchy and Enlightenment ideas.
The Carlist War (1833-1840) had three stages:
- a) First (1833-1835): Carlist victories until the death of their general, Tomás Zumalacárregui, in the siege of Bilbao.
- b) Second (1835-1837): Carlist expeditions throughout Spain and a second attempt to siege Bilbao.
- c) Third (1837-1840): Division of the Carlists into possibilists (who sought arrangement with the Elizabethans) and uncompromising (who favored continuing the war).
The war ended with the Convention of Vergara in 1839. Generals Espartero (Isabella) and Maroto (Carlist) signed a peace pact, accepting the imposed conditions: recognition of Queen Elizabeth (by the Carlists) and maintenance of military officers (by the Elizabethans). Espartero undertook to defend the permanence of the charters before the courts.
The “privileges” were legal statuses granted by the king or lord to a particular territory, originating in the Middle Ages and remaining stable until the Bourbons. They abolished the Crown of Aragon’s privileges, leaving only those of the Basque provinces and Navarre. The Constitution of Cadiz (1812) aimed for “equality” and ended these privileges, but Ferdinand VII re-established them upon his return in 1814 (except for a brief period in 1820-1823). Although liberals initially defended the privileges, they were later adopted by the Carlists. Therefore, the Convention of Vergara included their maintenance as a condition. Espartero agreed to defend their permanence before the Spanish Cortes. The law under discussion is the result of this defense.
4. Conclusions
Having analyzed the text and its contributions, we conclude:
- a) The analyzed text refers to the law adopted after the First Carlist War to maintain the privileges of the Basque provinces and Navarre, with the condition of not violating the constitutional unity of the monarchy.
- b) It follows the commitment signed by Elizabethans and Carlists in the Vergara Pact, which largely ended the war.
- c) The statutory problem was not resolved and remained in Spanish political life until the privileges’ abolition in 1876 after the last Carlist War. This issue later fueled Nationalism.