Chapter 5 Noli Foras Ire. In Hispaniae Habitat Veritas

Unity of Fate in the Universal

‘We are not going to argue with the regulars over the tasteless spoils of a dirty banquet. Our place is outside in the open air, under the cloudless heavens, with our weapons pointing starward over our shoulders. Let others continue with their feasts. Here, outside, in tense, fervent and sure vigilance, we already anticipate the dawn in the joy of our entrails’.1 Less than six years, half a million deaths and more than a million exiles lie between the last paragraph of the founding speech of the Spanish Falange in 1933 and Generalísimo Franco’s signature of his last war dispatch: ‘On this day, with the Army captured and disarmed, the national troops have reached their ultimate military objectives. The war has ended’. By the 1st April 1939, José Antonio Primo de Rivera,2 the man who had feverishly pronounced the ominous words of the founding speech of the Spanish Falange in ’s Teatro de la Comedia in October 1933 had long been shot dead by a firing squad in a Republican prison at the onset of the Civil War. The Spanish Falange Primo de Rivera founded soon merged with a far- right wing faction of the ‘Assemblies of the National Syndicalist Offensive’ of R. Ledesma and O. Redondo in 1934, and became known by the acronym FE of the JONS. In 1937, General Franco, who was the militarily undisputed leader of the rebellion against the , but who lacked a strong social base of popular support, unified under his leadership the ultra- traditionalist Carlist movement (Requetes) and the Spanish Falange,3 an

1 José Antonio Primo de Rivera, ‘Discurso de la Fundación de Falange Española’ in Jose An- tonio Primo de Rivera, Escritos y discursos. Obras Completas 1922–1936 (recopilación de Agustín del Río Cisneros) (Madrid: Delegación Nacional de la Sección Femenina de F. E. T. y de las J. O. N. S., 1959) 189–198. 2 Jose Antonio Primo de Rivera was the 3rd Marquis of Estella and 7th Marquis of Sobremonte and the notorious son of the Spanish military dictator who had ruled , as we saw in Chapter 3, from 1923 to 1930. On his figure, see e.g. Julio Gil Pecharromán. José Antonio Primo de Rivera, Retrato de un visionario (Barcelona: Editorial Planeta 2003). 3 ‘The Spanish Falange and Carlists, with their present organization and members, shall join to- gether, under my leadership, in one single political entity of national character which, for the time being, will be called Spanish Traditionalist Falange and of the Jons … All other political organizations and parties are dissolved.’ Decree for Unification, Art. 1, B.O. April 29, 1937.

© Koninklijke Brill NV, Leiden, 2018 | doi 10.1163/9789004343238_007 noli foras ire. in hispaniae habitat veritas 269 acephalous organization since the loss of its leader. The became known as FET y de las JONS, otherwise: ‘The Spanish Traditionalist Falange and of the Assemblies of the National Syndicalist Offensive.’4 From the end of the Civil War onwards, FET y de las JONS, by then already commonly known as ‘The National Movement,’ or merely ‘The Movement,’ became the ideological arm of the Franquoist regime. It remained the sole official party in Spain until 1977.5 In the aftermath of the , the ranks of Spanish academia appeared decimated by death and exile.6 Imprisonment and university purges7 were soon to complete the elimination of all vestiges of Republicanism from the twelve universities that existed in the country. Only those ‘addicted to the regime’, some of whom benefitted from vacant chairs as booty for their services in the ‘crusade’ against the ‘Anti-Spain,’ saw their careers boost. Among those rehabilitated to their chairs in the areas occupied by the Republican forces during the war were included several members of the Association Francisco de Vitoria who, as we saw in Chapter Four, actively supported Franco’s uprising and went to enjoy a bright future in Franco’s Spain.8 The atmosphere of forced

4 On the occasion of the Decree of Unification with the Carlist requetes, the original program- matic 27 points of the Spanish Falange were reduced to 26 so as to eliminate point 27 in which the original Falange had vowed to not engage in any sort of political alliances to con- quer the state. 5 See Stanley G. Payne, in Spain, 1923–1977, (Madison: The University of Wisconsin Press 1999). 6 See Henry Kamen, The Disinherited: Exile and the Making of Spanish Culture (1492–1975) (New York: Harper Collins, 2007). 7 Claret Miranda, El atroz desmoche 2006. See also, as part of a growing line of historical ­research on the Spanish university under Franquismo, in this case with particular attention to criminal law professors: Juan Carlos Ferré Olivé. Universidad y Guerra Civil: Lección inau- gural Curso Académico 2009–2010 (Huelva: Servicio de Publicaciones Universidad de Huel- va, 2009). 8 The judicial instructor of the university depuration commission that restored Trias de Bes to his chair of international law at Barcelona University highlighted the ‘uncon- ditional adhesion’ made evident ‘by our government in appointing him to different political posts’. Among many other honours received during the Franco’s period in sub- sequent years, Trias de Bes became a member of the Royal Academy of Moral and Polit- ical Sciences and held, until near his death, the role of director and chief international legal advisor at the Spanish Ministry of Foreign Affairs. Gascon y Marín, the author of two courses at The Hague Academy on the administrative international law and interna- tional civil service received numerous honours after the war including that of as Presi- dent of the Association Francisco de Vitoria (…) and from 1953 to the time of his death in 1962 served as President of the Spanish Royal Academy of Moral and Political Sciences.