Fueros and Carlism: Territorial Laws in Spain (1833-1876)
Fueros and Liberalism: Carlist Wars and Territorial Laws (1833-1876)
Traditionally, it was thought that the Fueros or Charters were privileges and customs in force for centuries that needed to be written down at a particular point in history.
Recent research shows a different interpretation of the origin of the Fueros based on when Theobald I arrived on the throne of Navarre in the 13th century. Until then, Pyrenean law (horizontal structure) ruled Basque communities vs Roman and Germanic (vertical structure).
The General Charter, ordered to be written by Theobald, was a compromise between Pyrenean Law and the new order:
- 1234: General Charter written in Navarre by order of Theobald I.
- 17th century: Charter of Lower Navarre registered.
- 18th century: These Charters abolished by the French king.
- 19th century: These Charters abolished by the Spanish king.
The Charters or Fueros helped leading classes operate and manage the country almost independently of the central government. They also offered lower classes protection, allowing them to avoid armed service or bypass high prices of staple goods. Sometimes, public riots (matxinadas) occurred against external tax collectors. In 1700, Felipe V centralized power in Spain and suppressed the Fueros by Decretos de Nueva Planta. As a result, several matxinadas were broken up in Basque territories.
The Beginning of the 19th Century and the Dynastic Conflict (1800-1833)
In 1801, an uprising in Biscay, called Zamakolada, occurred. Zamakola proposed to the General Assemblies of Biscay, gathered in Gernika, that a new port be built in the parish of Abando. Godoy accepted this as long as Biscay youth went to military service. This provoked a revolt in Biscay, and the plan was canceled.
The Napoleonic invasion took place in 1808. The French placed the peninsular territories between the Pyrenees and the Ebro under a French military government, which suppressed Basque Fueros and imposed heavy taxes on the poor. After 5 years, they were defeated and left the peninsula.
After the defeat of the imperial troops, Ferdinand VII was restored to the Spanish throne. He was supported by liberals and opposed by absolutists led by Ferdinand’s brother, Carlos Maria Isidro. This led to the creation of the first Carlist party.
In 1833, Ferdinand VII died. Before dying, he approved a law: the Pragmatica Sancion, which suppressed the Salic Law, forbidding women from being queen. This triggered the First Carlist War (1833-1840) between absolutists and liberals.
The First Carlist War (1833-1839)
When Isabel II was crowned and Maria Cristina appointed as regent, the Carlists revolted. In the Basque Country, Fernando Zabala and Pedro Novia Salcedo took Bilbao on October 3. Berastegi did the same with Vitoria-Gasteiz. The Carlist movement took root more deeply than in other parts of Spain. While the cities supported the liberals, the rest of the country sided with the Carlists. In early December 1833, representatives of the four Basque territories met in Etxarri-Aranatz, and Tomás Zumalakarregi was named commander of the Carlist troops.
Zumalakarregi led an army of peasants, created guerrillas, and took control of most rural areas, defeating the liberal armies. However, Zumalakarregi couldn’t take any of the four capitals. It was not merely a military question but also economic and political. Holding a major city would mean international recognition and foreign support.
In June 1835, the siege of Bilbao began. Five days later, in a reconnaissance operation, Zumalakarregi was wounded in the leg. On June 24th, he died in Zegama, changing the course of the war.
In 1837, General Maroto became the military leader of the movement. He took over in a vicious coup, shot all officers who did not share his line, and sent many others into exile. In 1839, Maroto began secret negotiations with Espartero, the head of the liberal army. In August 1839, the Embrace of Vergara took place, where the Basque troops recognized their defeat. After that, the Law of 25th October recognized the Fueros as long as they didn’t pose a threat to the constitutional unit of the monarchy.
The Insertion of the Foral Regime in the Liberal State
With the Law of 25 October 1839, the Fueros were confirmed but could be modified by the Courts after hearing the provinces. In 1840, Espartero assumed the regency. As the Foral Diputaciones had shown loyalty to the former regent, Mª Cristina, who was forced into exile, the Ley Paccionada (Pacted Law) was signed in 1841. As a consequence, Navarre ceased to be a kingdom and became a province.
Also, the Old Courts of Navarre were suppressed, Navarre lost legislative power, exemptions were abolished (tax and military conscription), and tolls were set up on the Pyrenees border with France.
During the reign of Isabel II, the Decree of 4th July 1844 was signed, establishing a partial restoration of the Fueros. However, tolls were kept at the coast and the border with France, bringing Basque territories into the Spanish economic space.
The overthrow of Isabel II in the Glorious Revolution of 1868 led to Amadeo of Savoy gaining the throne, supported by Prim and Serrano. They made it clear that Carlos VII (who defended Church and Fueros) wouldn’t become king.
The Third Carlist War (1872-1876) and the Foral Abolition
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Between 1872 and 1876 hostilities again set the Basques against each other in a new Carlist War. And the trigger was, again, the dynastic dispute. It was the third Carlist War.Before 1872, Carlism had organized itself solidly. And in that year all the members of parliament for the four Basque territories were Carlists. That same year, Carlos the VII and General Diaz de Rada crossed the border to initiate a rebellion that failed totally and supposed a reorganisation of forces. 1873, Carlist forces triumphed. The Basque Country was again under the Carlist control and was called Federal Carlist State with its own coin, stamps and bonds. Besides that, the university was restored in Oñati, a town where the royal Court of Justice and the Mint were also installed.Only a few cities were held by liberals. The Carlist offensive soon took Estella where Carlos VII established his court and it was converted into the capital of the Federal Carlist State. 1874, the carlists besieged Bilbao, and on 2 May, General Concha entered Bilbao ending the siege. Marching afterwards on Estella. He was killed on the way. In Spain monarchy was reestablished under Alfonso XII, who went to Estella to lead his troops. However, Carlism was doomed. Things got out of control and disunity among the leaders caused dismay among the troops.1875, liberals began recovering areas under Carlist domain.1876, after the fall of Estella the pretender Carlos left Navarre into exile.21 July 1876, Fueros of Biscay, Alava and Guipuzkoa were abolished (Navarre’s Fueros had already been abolished in 1841 by Espartero. The suppression of the Fueros meant that young people were forced to do military service and the Spanish government allowed to collect taxes and, as a result the regional territories lost their unique tax position.1878, 28th of February, Canovas establish a series of economic agreements (Conciertos económicos). And also established a tax system based on “cupo”. Basque provinces paid a fixed amount of money to the state (cupo) and Provincial Deputations had the right to administer, raise and impose taxes in the provinces (economic self government).