The commercial border: customs and smuggling. Customs and, on the other side of the border, smuggling, a profession or a crime depending on how you look at it, arose. the French and Castilian Crowns there was an almost free zone during the ancien régime, limited only by the "alcaldes de sacas" or "jueces de sacas" for certain goods, and the Ebro customs barrier for the collection of Castilian sea tithes on products exceeding the Basque area. Naturally, many inhabitants of these "exempt" provinces found, from the 16th and 17th centuries onwards, a new "modus vivendi" in the operation consisting of evading the customs tables, which, in the era of economic mercantilism, would become even more rigid. The problem was aggravated by the fact that the Spanish-French wars took on the character of economic wars with trade bans, reprisals, embargoes, etc. During these times, the treaties of good correspondence tried to mitigate the local effects of these nationalist wars as far as possible. But in cases such as the Thirty Years' War, the paralysis could be almost total and could have a tremendous impact on the commercial life of the Bayonne-Pamplona axis and others, especially those Laburdino and Biscay. Of all the products that entered the country, one of the most lucrative would be American tobacco brought from the Spanish or French colonies in America after the discovery and exploitation of the latter, and the plant began to be successfully cultivated in Laburdi. Castile turned it into a monopoly, although in our exempt provinces it continued to be imported freely, despite the fact that the Castilian monarchy managed to introduce its own fiscal agents under the pretext of ensuring that the imported material was not fraudulently introduced into Castile. Navarre, which, in turn, had stagnated, was the most affected by this interference, although the Castilians were unable to put a stop to smuggling. At the beginning of the 19th century, smuggling took place from Bayonne or Bilbao, where the smugglers took the merchandise. From there, by different routes, they would reach the next staging post in Andía, Urbasa or Lokiz to continue, on the next expedition, to the Solana valley. Taking the cargo to the riverside towns and making contact with the people of the trade, traders or women known as "pandereteras", was part of the smuggler's skill and professionalism in making the "pass" to Moncayo or the Yerga mountain range, outside the foral zone. An encounter with the tobacco revenue guards could mean death (Lemona, 24 July 1729), as both groups were armed, or a court case. The casuistry to follow can be examined, in the case of Navarre, as Yanguas refers to it in the Diccionario de Leyes: "To hear cases of contraband, the Viceroy appoints two judges of the Royal courts, one a native of the Kingdom and the other a foreigner, with appeal to the Council of Navarre, both in cases involving natives and foreigners [lib. 2 tít. 23 leyes 2, 14 y 21]. Provided that the sentences pronounced by the court of Contraband are confirmed by the judgements of the Council, and there is no degree of review; following the same method and style that is observed in the court of the Subdelegation of Tables; but being revocatory in whole or in part, said sentences have degree of review, insofar as there is no conformity in them [Courts years 1817 and 18 law 84]. The houses of residents of Navarre cannot be recognised by any justice, nor can commissions be given for this purpose, either in general or in particular, without prior information on the receipt of goods or forbidden things [lib. I tit. 2 ley 75: lib. 2 tit. 23 leyes 7, 8 y 9]. The guards of Castile cannot enter Navarre to denounce what has been introduced from this Kingdom into it without registration; and the contrary is considered null and void [lib. 1 tit. 2 ley 63]. Nor can scrutinies or inquisitions be made on merchandise already introduced into Navarre [lib. 2 tit. 23 ley 13].
Because only in the ports by the governors and wardens can seizures and denunciations be made to avoid the frauds that can be committed on the entry and exit of goods and forbidden things. Law 38 lit. I tit. 18 in its petition complaining that the Navarrese were taken out to be judged in Castile for having entered Navarre with forbidden things says: it is not a crime in this Kingdom to take out of Castile to Navarre the said things forbidden there; and the decree given to the said petition orders that when the case of the offence occurs it will be provided for and fulfilled in such a way that it ceases, and the Kingdom does not receive it. Law 18 of 1794 d the seizure of 101 ounces of gold and 78 hard pesos made in Tafalla from Miguel de Ilarregui, on the assumption that he had introduced them from Castile, to be a counterfeit. Smuggled goods cannot be removed without knowledge of the cause, nor can they be sold without citing or hearing the party; and the contrary was d null and void [lib. 1 tit. 4 ley 46]. In order to be able to remove those who take out prohibited goods for France, the same points and places are indicated as for gold and silver smugglers [lib. 1 tit. 18 ley 49]. The assessor of the court of the Subdelegation of Revenue of Navarre must be a native of the Kingdom; and the Council of the Kingdom itself is to hear appeals lodged against the sentences of the said court, giving them the same force and value as was given to those of the old courts of Tablas and Contraband; so that in this way the proceedings do not go outside the Kingdom [Cortes years 1828 and 29 law 16]. This new Court was established by Royal Order, and circular from the General Directorate of Revenue and Accountancy of Securities, dated 3 and 12 April 1828, suppressing the courts of the Revenue of Boards, Contraband, and Tobacco Conserve. It is made up of the Subdelegate General, Advisor, Public Prosecutor and Notary. The Cortes asked for it as being against the law and opposed to the conditions of the tobacco lease; but the decree of the law was limited to what is referred to in this article". This state of affairs lasted until the transfer of customs to the frontier and ports after the first Carlist war in 1841. The alcaldía de sacas was abolished and the smuggling line was moved to both banks of the Bidasoa and the Pyrenean mountains of Navarre and Zuberoa. The smuggling area, which late romanticism would capture in images and literature - e.g. P. Loti in Ramuntcho, 1896 - had, from then on, its nucleus in Saint-Pé, Ascain, Echalar, Urruña, Sara, Vera, Zugarramurdi, Lesaca, etc. With this came the consecration of the frontier. See COMMERCE.
Ainhoa AROZAMENA AYALA
See FRONTERA (Index voice).