The Law of October 25, 1839: Modification of Basque and Navarrese Fueros
The Law of October 25, 1839
Modification of Basque and Navarrese Fueros
This legal text addresses the modification of the Basque and Navarrese Fueros. Written by the Courts of Spain and confirmed by Queen Maria Cristina in 1839, it targeted citizens of the three Basque territories and Navarre, as they were primarily affected by the law.
Historical Context
Ferdinand VII had modified the Salic Law with the Pragmatic Sanction to ensure his daughter, Princess Isabella, could inherit the throne. Upon his death in 1833, Spain was divided between absolutists supporting the Salic Law and liberals supporting Isabella. This division led to the First Carlist War (1833-1839).
The Vergara Agreement and its Aftermath
The war ended with the Vergara Agreement, where liberal representative Spartero and Carlist representative Maroto agreed to peace without retribution for Carlists in exchange for loyalty to Queen Isabella II. The agreement also promised to respect the Fueros.
However, in 1839, this law was published, opening the possibility of modifying the Fueros, despite the agreement’s promise. While the law aimed for a democratic process, Navarre’s liberal government swiftly signed, leading to the disappearance of their Fueros.
Implementation and Consequences
The three Basque territories, represented by Pedro Egaña, negotiated limited changes. In 1841, these changes came into effect, transforming the territories into provinces and dissolving their foral institutions (Diputaciones and General Juntas). Customs moved to the coast, and the Basque people lost their right to accept or reject laws from the Spanish state (Foral Pass).
Protests in 1844 led to the reinstatement of Diputaciones and Juntas, but customs remained on the coast, and the Foral Pass was not restored.
Long-Term Impact
This controversial law brought a degree of uniformity to Spain by standardizing legislation. However, the Basque territories retained their special tax system and exemption from military service until 1876. While the law aimed to maintain peace, it ultimately sowed the seeds for future conflict by altering the traditional relationship between the Basque Country and Spain.