Abolition of Basque Fueros: Cánovas del Castillo's Decree

Introduction to the Abolition of Basque Fueros

This document is a primary source, specifically a legal decree, with significant political content.

It was authored by the Spanish Cortes at the proposal of Cánovas del Castillo.

Primarily addressed to the inhabitants of the Basque provinces, it is therefore a public text.

Its main objective was to impose constitutional unity throughout Spain and, to that end, to abolish the Basque Fueros.

The decree was issued in Madrid during the Restoration period (when the new Constitution was approved), specifically at the end of the Second Carlist War.

Main Content: Achieving Constitutional Unity

The central idea of this decree is to achieve constitutional unity across Spain.

Key Articles:

• Article 1: Constitutional Unity. In accordance with Article 75 of the 1876 Constitution, all Spaniards are subject to the same law. This principle of legal equality (regarding rights and obligations) must also be applied in the Basque provinces.
• Articles 2 & 3: Development of Previous Article. These articles detail the cancellation of particularities maintained by Álava, Biscay, and Gipuzkoa, specifically regarding military service (conscription-free, Article 2) and tax exemption (Article 3).
• Article 4: Governmental Powers. This article grants the Government the power to make the necessary changes in accordance with the laws set forth above.

Historical Context of the Foral System Abolition

This decree is situated within the broader process of the abolition of the foral system by Cánovas del Castillo.

Precedents of Foral Reform:

• Law of 1839 (October 25): An early attempt at statutory reform.
• 1841: Marked by the “Ley Paccionada” for Navarre and the “Decree of Vitoria,” further shaping the fueros reform.

The Immediate Context:

During this period, the Last Carlist War took place. Understanding its beginning and end is crucial for grasping the consequences of the law's context.

The Constitution of 1876 was approved, and its Article 75 declared that all Spaniards were subject to the same law. This rendered the fueros incompatible with the Constitution, as they violated the principle of equality.

Strong public pressure mounted to abolish Basque privileges and fueros.

The defense of the fueros by Basque deputies proved futile.

Ultimately, the law under analysis finalized the process of abolition of the Basque fueros.

Consequences of the Abolition:

• Discontent and Resistance: Significant disgust and resistance emerged in the Basque provinces due to the loss of privileges.
• Elimination of Regional Institutions (1877): Traditional regional institutions, such as the “Juntas Generales” and the Deputation, were eliminated.
• Economic Agreement (1878): An economic agreement was established, allowing Álava, Biscay, and Gipuzkoa to maintain some fiscal specificity.
• Emergence of Basque Nationalism: The abolition of the fueros was a key factor in the emergence of Basque nationalism, notably led by Sabino Arana, as a reaction against this decision.

Conclusion: Impact of the Foral System Abolition

The process of reform and abolition of the Basque foral system was completed with this decree.

The law successfully imposed constitutional unity throughout the state.

In the Basque provinces, widespread disgust and protest prevailed, despite attempts to calm the situation with the economic agreement. This discontent played a significant role in the emergence of Basque nationalism.