Navarre's Autonomy: The 1841 Law and its Historical Context

1) Introduction: The 1841 Law

This document is a primary source of legal and public nature. Its authorship is collective: Parliament approved a text previously negotiated between the Government and the Provincial Government of Navarra. The location is Madrid, home of the Courts, and the date, 1841, coincides with the regency of Espartero, who sanctioned the law. The text contains articles relating to the election of local councils (Art. 5), the powers and composition of the council (Arts. 6, 8, and 10), compulsory military service (Art. 15), and the transfer of Pyrenean customs (Art. 16).

2) Immediate Background: Liberal Triumph

The text must be understood in the context of the First Carlist War's outcome and the triumph of liberalism in Spain. The new political situation necessitated the elimination or modification of provincial regimes, including Navarra's. The Carlist War was primarily a confrontation between absolutists and liberals, not just a dynastic conflict. The war concluded with the "Embrace of Vergara," where Espartero pledged to propose the revision of jurisdictions. This commitment was formalized in the Confirmation Charter of 1839. Subsequently, a negotiation process led to the approval of the 1841 Law. This change was influenced by the progressive liberal access to government and the adoption of the 1837 Constitution, which established legal equality for all Spaniards, rendering regional charters obsolete within the new liberal political system. Despite this, liberal efforts aimed to preserve a significant portion of Navarra's distinctiveness, allowing it to maintain administrative and fiscal autonomy compared to other Spanish provinces.

3) Remote Background: Medieval Charters

Navarra's charters have medieval origins, dating back to after Ferdinand's military conquest and its incorporation into the Crown of Castile in 1515. At that time, the maintenance of its charters and institutions was established, along with the king's commitment to respect and "improve" them. Despite logical conflicts with the central government, Navarra managed to preserve its rights after the War of Succession (18th century) by supporting Philip V of Bourbon, while other regions, like the Crown of Aragon, which supported the opposing candidate, lost their own privileges.

4) Conclusions: Assessing the 1841 Law

This law represents an equalization of Navarra with other Spanish provinces in many aspects, including laws, institutions, and authorities, leading to the loss of its "kingdom" status. However, it succeeded in retaining a significant degree of self-government through its Diputación and fiscal autonomy, including the recovery of its own taxes and the payment of an annual quota. This outcome reflected the interests of liberal Navarra.