Adaptation of the Basque Fueros to the Constitutional Framework (1839)

-TYPE F TXT:Primary source. As regards the form, as it's decree=legal text/Content→political text    Law of adaptation of the Basque Fueros (1839)

-AUTHOR:Spanish Cortes+Regent Maria Cristina. Ratified by the liberal government    Introduction

-ADDRESSED: Mainly the→inhabitants of Basque provinces, therefore, is a public text

-OBJECTIVE:Adapt the Fueros to the constitution (insert them in the constitutional framework)

-LOCA+DATE: 1839. Approved during the regency of Maria Cristina (minority of Isabella II’s age)/End of 1st Carlist war with the signing of the Bergara agreement between Maroto and Espartero

Main idea: Adapt+take fueros to constitutional framework (1837 in power) So, urged legal reform of them

Intro: The Carlists who have just lost the war, it's made clear that Isabella II=queen("l1")+Maria Cristina=regent

ART:1.Fueros confirmed, but submitted to the constitution/2.A reform of the fueros→necessary (to adapt them to the constitution). Although X clear how the reform will be developed, seems that will be done→ consensual manner(“after hearing Basque provinces+Navarre”) then government propose to them to make the suitable changes    Content     

PRECEDENTS: F7 dies: Inheritance problem=Division: In favour of Isabella II (daughter)→liberals/in favour of Carlos (brother)→absolutists+fundamentalist catholics (want to maintain old reg)+formalists (liberals X wanted to impose constitution that would abolish the fueros)War between the 2 sides(1833-39)mainly→Basque territories/Division between the Carlists→decisive(for losing the war)

PRESENT MOMENT:Bergara agreement: Signed Maroto+Espartero to end war(39). Espartero’s commitment(A1):recommend to the government to give the fueros to the Cortes or change them→will open the way to the discussion of the regional issue. That article is considered as→first episode of the abolition of the fueros||Fueros-Liberal consti X compatible: Constitution establishes the principle of equality/While fueros X comply with this principle→need to adapt fueros to the framework of the 1837 consti||To achieve this objective→legal bases are established to repeal fueros/1841:Ley Paccionada(Navarre)+Decree of Vitoria (Araba/Bizkaia/Gipuzkoa)             Context

CONSEQUENCES: After revolution of 1868→increase in carlism→2nd carlist war. 1875 King Alfonso XII appointed→Carlism lost its protection+in 76 lost the war/Failure of Carlism will have an influence on the abolition of the regional system through the law of July 21, 1876.

-Starting point to repeal fueros, the subsequent laws+decrees will have their main base there: the laws of 1841+the law passed in the Cortes in 1876 on the initiative of Cánovas

-The law had a fundamental influence→change of fueros+in the history of EH, since the main objective was constitutional unity              Conclusion

-Nationalism was born (S. Arana): With end of the traditional foral system, the “independence” of EH was also finished