Abolition of Basque Privileges: Law of July 21, 1876 Analysis

Commentary on the Law of July 21, 1876

This document provides an analysis of the Law of July 21, 1876, which details the consequences of abolishing the historical privileges in the provinces of Álava, Guipúzcoa, and Vizcaya.

This commentary will follow this structure: textual analysis and contextualization, concluding with a brief summary of the text's significance.

1. Location

a) Nature of the Text:

• By approach: Objective
• By content: Political
• By origin: Historical source

b) Authorship:

Individual. Officially authored by King Alfonso XII, but also signed by the President of the Council of Ministers, Antonio Cánovas.

c) Date:

July 21, 1876

d) Audience:

Public.

2. Analysis

The main theme of the text is the abolition of the privileges of the provinces of Álava, Guipúzcoa, and Vizcaya, which, along with Navarre, uniquely possessed these privileges at the time.

The three main ideas developed are related to the obligations to provide military service, pay taxes, and the need to adapt laws to the new reality.

The text pertains to the Law of July 21, 1876, which eliminated special rights outside the provinces of Vizcaya, Guipúzcoa, and Álava. The main issues addressed are:

a) Military Service Obligation:

The obligation to perform military service is extended to these territories, aligning them with the rest of the nation. Previously, one of the key privileges granted by their charters was exemption from military service, except for the Navy. Article 1 of the law removes this privilege. Article 2 reinforces this obligation, clarifying that when a "fifth or replacement" is called, they must fulfill their assigned quota of men. The wealthy could pay for substitutes to avoid service.

b) Fiscal Contribution:

The text also addresses the obligation of the aforementioned provinces to contribute proportionally to government spending. This effectively abolishes the so-called "tax exemption" or "fiscal autonomy" granted by their charters. Shortly after this abolition, Cánovas del Castillo's government maintained fiscal autonomy under the name "Economic Agreement." This was a way to appease liberal supporters of their own jurisdictions. The basis of this new system was a fixed amount paid to the Provincial State in exchange for including the collection of taxes in each of the territories (Article 3).

c) Legal Reform:

Finally, the law decrees that, considering both this law and previous laws relating to these privileges (especially those of 1837 and 1841), the government can reform all laws specified in the charters, always considering the needs of both the Basque people and the nation. In other words, it aims to reconcile the two realities.