The Political Constitution of the Spanish Monarchy ( es, link=no, Constitución Política de la Monarquía Española), also known as the Constitution of
Cádiz
Cádiz (, , ) is a city and port in southwestern Spain. It is the capital of the Province of Cádiz, one of eight that make up the autonomous community of Andalusia.
Cádiz, one of the oldest continuously inhabited cities in Western Europe, ...
( es, link=no, Constitución de Cádiz) and as ''La Pepa'', was the
first Constitution of Spain and one of the earliest codified constitutions in world history. The Constitution was ratified on 19 March 1812 by the
Cortes of Cádiz
The Cortes of Cádiz was a revival of the traditional ''cortes'' (Spanish parliament), which as an institution had not functioned for many years, but it met as a single body, rather than divided into estates as with previous ones.
The General ...
, the first Spanish legislature that included delegates from the entire nation, including
Spanish America
Spanish America refers to the Spanish territories in the Americas during the Spanish colonization of the Americas. The term "Spanish America" was specifically used during the territories' imperial era between 15th and 19th centuries. To the e ...
and the
Philippines
The Philippines (; fil, Pilipinas, links=no), officially the Republic of the Philippines ( fil, Republika ng Pilipinas, links=no),
* bik, Republika kan Filipinas
* ceb, Republika sa Pilipinas
* cbk, República de Filipinas
* hil, Republ ...
. "It defined Spanish and Spanish American liberalism for the early 19th century."
With the notable exception of proclaiming
Roman Catholicism as the official and sole legal religion in Spain, the constitution was one of the most
liberal
Liberal or liberalism may refer to:
Politics
* a supporter of liberalism
** Liberalism by country
* an adherent of a Liberal Party
* Liberalism (international relations)
* Sexually liberal feminism
* Social liberalism
Arts, entertainment and m ...
of its time: it affirmed
national sovereignty
Westphalian sovereignty, or state sovereignty, is a principle in international law that each state has exclusive sovereignty over its territory. The principle underlies the modern international system of sovereign states and is enshrined in the Un ...
,
separation of powers
Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typic ...
,
freedom of the press,
free enterprise, abolished corporate privileges (
fueros
(), (), () or () is a Spanish legal term and concept. The word comes from Latin , an open space used as a market, tribunal and meeting place. The same Latin root is the origin of the French terms and , and the Portuguese terms and ; all ...
), and established a
constitutional monarchy
A constitutional monarchy, parliamentary monarchy, or democratic monarchy is a form of monarchy in which the monarch exercises their authority in accordance with a constitution and is not alone in decision making. Constitutional monarchies dif ...
with a
parliamentary system
A parliamentary system, or parliamentarian democracy, is a system of democratic governance of a state (or subordinate entity) where the executive derives its democratic legitimacy from its ability to command the support ("confidence") of th ...
. It was one of the first constitutions that allowed
universal male suffrage
Universal manhood suffrage is a form of voting rights in which all adult male citizens within a political system are allowed to vote, regardless of income, property, religion, race, or any other qualification. It is sometimes summarized by the slo ...
, with some exceptions, through a complex
indirect electoral system. It extended political rights for representation to Spanish America and the Philippines, a significant step for the demands of American-born Spaniards.
When
King Ferdinand VII
, house = Bourbon-Anjou
, father = Charles IV of Spain
, mother = Maria Luisa of Parma
, birth_date = 14 October 1784
, birth_place = El Escorial, Spain
, death_date =
, death_place = Madrid, Spain
, burial_plac ...
returned to power in 1814, he dissolved the Cortes and abrogated the constitution, re-establishing
absolute monarchy
Absolute monarchy (or Absolutism (European history), Absolutism as a doctrine) is a form of monarchy in which the monarch rules in their own right or power. In an absolute monarchy, the king or queen is by no means limited and has absolute pow ...
. The constitution was reinstated during the ''
Trienio Liberal'' (1820–1823) and again in 1836–1837 while the
Progressives
Progressivism holds that it is possible to improve human societies through political action. As a political movement, progressivism seeks to advance the human condition through social reform based on purported advancements in science, techno ...
prepared the
Constitution of 1837. It was an important model for later constitutions in Spain and Spanish America.
Napoleonic political changes
Until the Napoleonic invasion of Spain in 1808, Ferdinand VII ruled as an absolute monarch. Napoleon forced Ferdinand's abdication as well as the renunciation of his father
Charles IV's rights, and then placed his brother
Joseph Bonaparte
it, Giuseppe-Napoleone Buonaparte es, José Napoleón Bonaparte
, house = Bonaparte
, father = Carlo Buonaparte
, mother = Letizia Ramolino
, birth_date = 7 January 1768
, birth_place = Corte, Corsica, Republic of ...
on the throne of Spain.
Seeking to create legitimacy for Joseph I of Spain, Napoleon called the Cortes, whose delegates he had selected, to proclaim Joseph as the legitimate monarch. The Cortes then approved the French-style
Bayonne Constitution
The Bayonne Statute ( es, Estatuto de Bayona),Ignacio Fernández Sarasola Biblioteca Virtual Miguel de Cervantes. Retrieved 2010-03-12. also called the Bayonne Constitution () or the Bayonne Charter (), was a constitution or a royal charter () ...
and called for a Cortes with 172 members, of which 62 were to be from Spanish America. There was to be a Council of State with a section for The Indies, the name Spain persisted in using to designate Spanish American and the Philippines, which would be under the control of American-born and Philippine-born Spaniards. Despite these formal attempts to legitimize the rule of Joseph Bonaparte by gaining consent of the Cortes, it was rejected by Spaniards on the peninsula and Spanish America and the Philippines. It had great importance, since it "set off a process that led to the collapse of the Spanish empire. The Napoleonic regime in Madrid forced two issues: the relative freedom of the colonies to pursue their own affairs, and the rights to representation in imperial assemblies."
Spanish Cortes of Cádiz
![El juramento de las Cortes de Cádiz en 1810](https://upload.wikimedia.org/wikipedia/commons/2/23/El_juramento_de_las_Cortes_de_C%C3%A1diz_en_1810.jpg)
As Spaniards in the peninsula and overseas grappled with the new political reality, for them it created a crisis of legitimacy of rule. Many places in Spain created
junta
Junta may refer to:
Government and military
* Junta (governing body) (from Spanish), the name of various historical and current governments and governing institutions, including civil ones
** Military junta, one form of junta, government led by ...
s to rule in the place of the legitimate monarch. A
Supreme Central Junta The Supreme Central and Governing Junta of Spain and the Indies (also known as Supreme Central Junta, the Supreme Council, and Junta of Seville; es, Junta Suprema Central y Gubernativa de España e Indias) formally was the Spanish organ (junta) t ...
was created to coordinate the multiplicity of juntas. Napoleon opened a new way for the Spanish Empire to be constituted. His vision acknowledged the aspirations of Spanish colonies for greater equality and autonomy. Spaniards rejecting Napoleon's rule meant they needed to offer political inducements for Spanish America and the Philippines to stay loyal to the empire. A new Cortes was called with delegates from Spain and the overseas components of the
Spanish Empire
The Spanish Empire ( es, link=no, Imperio español), also known as the Hispanic Monarchy ( es, link=no, Monarquía Hispánica) or the Catholic Monarchy ( es, link=no, Monarquía Católica) was a colonial empire governed by Spain and its prede ...
in the Americas and the Philippines. The Spanish organized an interim Spanish government, the
Supreme Central Junta The Supreme Central and Governing Junta of Spain and the Indies (also known as Supreme Central Junta, the Supreme Council, and Junta of Seville; es, Junta Suprema Central y Gubernativa de España e Indias) formally was the Spanish organ (junta) t ...
and called for a Cortes to convene with representatives from all the Spanish provinces throughout the worldwide empire, in order to establish a government with a firm claim to legitimacy. The Junta first met on 25 September 1808 in
Aranjuez
Aranjuez () is a city and municipality of Spain, part of the Community of Madrid.
Located in the southern end of the region, the main urban nucleus lies on the left bank of Tagus, a bit upstream the discharge of the Jarama. , the municipality h ...
and later in
Seville
Seville (; es, Sevilla, ) is the capital and largest city of the Spanish autonomous community of Andalusia and the province of Seville. It is situated on the lower reaches of the River Guadalquivir, in the southwest of the Iberian Peninsula ...
, before retreating to Cádiz. Cádiz was the most secure place for the Cortes to take place, since it was a fortified port. Retreating before the advancing French and an outbreak of
yellow fever
Yellow fever is a viral disease of typically short duration. In most cases, symptoms include fever, chills, loss of appetite, nausea, muscle pains – particularly in the back – and headaches. Symptoms typically improve within five days. ...
, the
Supreme Central Junta The Supreme Central and Governing Junta of Spain and the Indies (also known as Supreme Central Junta, the Supreme Council, and Junta of Seville; es, Junta Suprema Central y Gubernativa de España e Indias) formally was the Spanish organ (junta) t ...
moved to Isla de León, where it could be supplied and defended with the help of the Spanish and British navies, and abolished itself, leaving a regency to rule until the Cortes could convene. The Cortes of Cádiz crafted and adopted the Constitution while
besieged
Besieged may refer to:
* the state of being under siege
* ''Besieged'' (film), a 1998 film by Bernardo Bertolucci
{{disambiguation ...
by French troops, first on
Isla de León
The Isla de León is a historical name for the piece of land between the city of Cádiz and the Iberian peninsula, in Spain.
In 1813, it was renamed San Fernando in honor of King Fernando VII of Spain for his courage in the defense of the cit ...
(now
San Fernando
San Fernando may refer to:
People
*Ferdinand III of Castile (c. 1200–1252), called ''San Fernando'' (Spanish) or ''Saint Ferdinand'', King of Castile, León, and Galicia
Places Argentina
*San Fernando de la Buena Vista, city of Greater Buenos ...
), then an island separated from the mainland by a shallow waterway on the Atlantic side of the
Bay of Cádiz
The Bay of Cádiz is a body of water in the province of Cádiz, Spain, adjacent to the southwestern coast of the Iberian Peninsula.
The Bay of Cádiz adjoins the Gulf of Cádiz, a larger body of water which is in the same area but further offsho ...
, and within the small, strategically located city of Cádiz itself
When the Cortes convened in Cádiz in 1810, there appeared to be two possibilities for Spain's political future if the French could be driven out. The first, represented especially by
Gaspar Melchor de Jovellanos, was the restoration of the absolutist ''
Antiguo Régimen'' ("Old Regime"); the second was to adopt some sort of written constitution.
The Cortes did not have revolutionary intentions, since the Supreme Central Junta saw itself simply as a continuation of the legitimate government of Spain in the absence of a monarch considered legitimate. The opening session of the new Cortes was held on 24 September 1810 in the building now known as the
Real Teatro de las Cortes. The opening ceremonies included a civic procession, a
mass
Mass is an intrinsic property of a body. It was traditionally believed to be related to the quantity of matter in a physical body, until the discovery of the atom and particle physics. It was found that different atoms and different eleme ...
, and a call by the president of the Regency, Pedro Quevedo y Quintana, the bishop of
Ourense, for those present to fulfill their task loyally and efficiently. Still, the very act of resistance to the French involved a certain degree of deviation from the doctrine of royal sovereignty: if sovereignty resided entirely in the monarch, then Charles and Ferdinand's abdications in favor of Napoleon would have made Joseph Bonaparte the legitimate ruler of Spain.
The representatives who gathered at Cádiz were far more liberal than the elite of Spain taken as a whole, and they produced a document far more liberal than might have been produced in Spain were it not for the war. Few of the most conservative voices were at Cádiz, and there was no effective communication with King Ferdinand, who was a virtual prisoner in France. In the Cortes of 1810–1812, liberal deputies, who had the implicit support of the British who were protecting the city, were in the majority and representatives of the Church and nobility constituted a minority. Liberals wanted equality before the law, a centralized government, an efficient modern civil service, a reform of the tax system, the replacement of
feudal privileges by
freedom of contract, and the recognition of the property owner's right to use his property as he saw fit. Three basic principles were soon ratified by the Cortes: that
sovereignty resides in the nation, the legitimacy of
Ferdinand VII
, house = Bourbon-Anjou
, father = Charles IV of Spain
, mother = Maria Luisa of Parma
, birth_date = 14 October 1784
, birth_place = El Escorial, Spain
, death_date =
, death_place = Madrid, Spain
, burial_plac ...
as king of Spain, and the
inviolability
In religion and ethics, the inviolability of life, or sanctity of life, is a principle of implied protection regarding aspects of sentient life that are said to be holy, sacred, or otherwise of such value that they are not to be violated. This can ...
of the deputies. With this, the first steps towards a political revolution were taken, since prior to the Napoleonic intervention, Spain had been ruled as an absolute monarchy by the
Bourbon Bourbon may refer to:
Food and drink
* Bourbon whiskey, an American whiskey made using a corn-based mash
* Bourbon barrel aged beer, a type of beer aged in bourbon barrels
* Bourbon biscuit, a chocolate sandwich biscuit
* A beer produced by Bras ...
s and their
Hapsburg
The House of Habsburg (), alternatively spelled Hapsburg in Englishgerman: Haus Habsburg, ; es, Casa de Habsburgo; hu, Habsburg család, it, Casa di Asburgo, nl, Huis van Habsburg, pl, dom Habsburgów, pt, Casa de Habsburgo, la, Domus Hab ...
predecessors. Although the Cortes was not unanimous in its liberalism, the new Constitution significantly reduced the power of the crown, and the
Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...
(although Catholicism remained the
state religion).
Terms
![1812SpanishConstitutionMap](https://upload.wikimedia.org/wikipedia/commons/1/1f/1812SpanishConstitutionMap.svg)
As the principal aim of the new constitution was the prevention of arbitrary and corrupt royal rule, it provided for a limited monarchy, which governed through ministers subject to parliamentary control. It laid out the structure of the three branches of government: executive, legislative and judicial.
The constitution has 384 articles in 10 major chapters or (Títulos). Chapter I was Of the Spanish Nation and Spaniards (articles 1-9). Chapter II (articles 12-26) was Of the Spanish Territory, Religion, Government and Rights of Citizenship. Chapter III (articles 27-167) dealt with the Cortes, the legislative branch of government. Chapter IV Of the King (articles 168-241) defined the powers of and the restrictions on the monarchy. Chapter V Of the Tribunals, and Administration of Civil and Criminal Justice (articles 242-308) concerned how laws would be administered by specific courts. Chapter VI Of the Internal Government of Provinces and of the Pueblos (articles 309-323) lays out governance at the provincial and local level. Chapter VII Of the Financial Contributions (articles 338-355) dealt with taxation. Chapter VIII Of the National Military Force (articles 356-365) specified how the military would operate. Chapter IX Of Public Education (articles 366-371) called for uniform public education from primary schools through university, as well as freedom of expression (article 371). Chapter X Of the Observance of the Constitution and the Way to Proceed to Amend it (articles 366-384). The constitution had no
bill of rights
A bill of rights, sometimes called a declaration of rights or a charter of rights, is a list of the most important rights to the citizens of a country. The purpose is to protect those rights against infringement from public officials and pr ...
, which had been the case of the
Constitution of the United States
The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the natio ...
when it was first ratified. Rights and obligations of citizens were embedded in individual articles of the Spanish Constitution.
Male
suffrage, which was not determined by property qualifications, favoured the position of the
commercial class in the new parliament since there was no special provision for the Church or the nobility. Repeal of traditional property restrictions gave liberals the freer economy that they wanted. There was no provision for literacy of voters until 1830, which allowed men in the popular groups access to suffrage. The constitution set up a centralized administrative system for the whole empire, in both Iberia and overseas components, based on newly-reformed and uniform provincial governments and municipalities, rather than maintaining some form of the varied historical local governmental structures.
The first provincial government created under the Constitution was in the province of Guadalajara con Molina. Its deputation first met in the village of
Anguita
Anguita is a municipality in the province of Guadalajara, Castile-La Mancha, Spain, with a population of 203 in 2009.
Geography
Anguita is located in the Sistema Ibérico below Sierra Ministra. River Tajuña and its tributaries, La Madre an ...
in April 1813, since the capital
Guadalajara was the site of ongoing fighting.
Establishment of Spanish citizenship
Among the most debated questions during the drafting of the constitution was the status of the
native
Native may refer to:
People
* Jus soli, citizenship by right of birth
* Indigenous peoples, peoples with a set of specific rights based on their historical ties to a particular territory
** Native Americans (disambiguation)
In arts and entert ...
and
mixed-race
Mixed race people are people of more than one race or ethnicity. A variety of terms have been used both historically and presently for mixed race people in a variety of contexts, including ''multiethnic'', ''polyethnic'', occasionally ''bi-eth ...
populations in Spain's possessions around the world. Most of the overseas provinces were represented, especially the most populous regions. Both the
Viceroyalty of New Spain
New Spain, officially the Viceroyalty of New Spain ( es, Virreinato de Nueva España, ), or Kingdom of New Spain, was an integral territorial entity of the Spanish Empire, established by Habsburg Spain during the Spanish colonization of the Amer ...
and the
Viceroyalty of Peru
The Viceroyalty of Peru ( es, Virreinato del Perú, links=no) was a Spanish imperial provincial administrative district, created in 1542, that originally contained modern-day Peru and most of the Spanish Empire in South America, governed fro ...
had
deputies
A legislator (also known as a deputy or lawmaker) is a person who writes and passes laws, especially someone who is a member of a legislature. Legislators are often elected by the people of the state. Legislatures may be supra-national (for ex ...
present, as did
Central America
Central America ( es, América Central or ) is a subregion of the Americas. Its boundaries are defined as bordering the United States to the north, Colombia to the south, the Caribbean Sea to the east, and the Pacific Ocean to the west. ...
, the islands of the
Spanish Caribbean
The Spanish West Indies or the Spanish Antilles (also known as "Las Antillas Occidentales" or simply "Las Antillas Españolas" in Spanish) were Spanish colonies in the Caribbean. In terms of governance of the Spanish Empire, The Indies was the de ...
,
Florida
Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, and to ...
,
Chile
Chile, officially the Republic of Chile, is a country in the western part of South America. It is the southernmost country in the world, and the closest to Antarctica, occupying a long and narrow strip of land between the Andes to the east a ...
,
Upper Peru
Upper Peru (; ) is a name for the land that was governed by the Real Audiencia of Charcas. The name originated in Buenos Aires towards the end of the 18th century after the Audiencia of Charcas was transferred from the Viceroyalty of Peru to t ...
and the
Philippines
The Philippines (; fil, Pilipinas, links=no), officially the Republic of the Philippines ( fil, Republika ng Pilipinas, links=no),
* bik, Republika kan Filipinas
* ceb, Republika sa Pilipinas
* cbk, República de Filipinas
* hil, Republ ...
. The total number of representatives was 303, of which 37 were born in overseas territories although several of them were temporary substitute deputies
'suplentes''elected by American refugees in the city of Cádiz: seven from New Spain, two from Central America, five from Peru, two from Chile, three from the
Río de la Plata
The Río de la Plata (, "river of silver"), also called the River Plate or La Plata River in English, is the estuary formed by the confluence of the Uruguay River and the Paraná River at Punta Gorda. It empties into the Atlantic Ocean and fo ...
, three from
New Granada, and three from
Venezuela
Venezuela (; ), officially the Bolivarian Republic of Venezuela ( es, link=no, República Bolivariana de Venezuela), is a country on the northern coast of South America, consisting of a continental landmass and many islands and islets in th ...
, one from
Santo Domingo
, total_type = Total
, population_density_km2 = auto
, timezone = AST (UTC −4)
, area_code_type = Area codes
, area_code = 809, 829, 849
, postal_code_type = Postal codes
, postal_code = 10100–10699 ( Distrito Nacional)
, webs ...
, two from
Cuba
Cuba ( , ), officially the Republic of Cuba ( es, República de Cuba, links=no ), is an island country comprising the island of Cuba, as well as Isla de la Juventud and several minor archipelagos. Cuba is located where the northern Caribbea ...
, one from
Puerto Rico
Puerto Rico (; abbreviated PR; tnq, Boriken, ''Borinquen''), officially the Commonwealth of Puerto Rico ( es, link=yes, Estado Libre Asociado de Puerto Rico, lit=Free Associated State of Puerto Rico), is a Caribbean island and unincorporated ...
and two from the Philippines. Although most of the overseas representatives were
Criollos
In Hispanic America, criollo () is a term used originally to describe people of Spanish descent born in the colonies. In different Latin American countries the word has come to have different meanings, sometimes referring to the local-born majo ...
, the majority wanted to extend suffrage to all indigenous, mixed-race and free black people of the Spanish Empire, which would have granted the overseas territories a majority in the future Cortes. The majority of representatives from
peninsular Spain
Peninsular Spain refers to that part of Spanish territory located within the Iberian Peninsula, thus excluding other parts of Spain: the Canary Islands, the Balearic Islands, Ceuta, Melilla, and a number of islets and crags off the coast of Mor ...
opposed those proposals as they wished to limit the weight of non-''peninsulares''. According to the best estimates of the time, continental Spain had an estimated population of between 10 and 11 million, and the overseas provinces had a combined population of around 15 to 16 million. The Cortes ultimately approved a distinction between nationality and citizenship (that is, those with the right to vote).
The Constitution gave Spanish citizenship to natives of the territories that had belonged to the Spanish monarchy in both hemispheres. The Constitution of 1812 included
Indigenous peoples of the Americas
The Indigenous peoples of the Americas are the inhabitants of the Americas before the arrival of the European settlers in the 15th century, and the ethnic groups who now identify themselves with those peoples.
Many Indigenous peoples of the A ...
to Spanish citizenship, but the acquisition of citizenship for any
casta of
Afro-American peoples of the Americas
The African diaspora in the Americas refers to the people born in the Americas with partial, predominantly, or completely African ancestry. Many are descendants of persons enslaved in Africa and transferred to the Americas by Europeans, then fo ...
was through
naturalization excluding
slaves. Spanish nationals were defined as all people born, naturalized or permanently residing for more than ten years in Spanish territories. Article 1 of the Constitution read: "The Spanish nation is the collectivity of the Spaniards of both hemispheres." Voting rights were granted to Spanish nationals whose ancestry originated from Spain or the territories of the Spanish Empire. That had the effect of changing the legal status of the people not only in Peninsular Spain but also in Spanish possessions overseas. In the latter case, not only people of Spanish ancestry but also indigenous peoples as well were transformed from the subjects of an absolute monarch to the citizens of a nation rooted in the doctrine of national, rather than royal, sovereignty. At the same time, the Constitution recognized the
civil rights
Civil and political rights are a class of rights that protect individuals' freedom from infringement by governments, social organizations, and private individuals. They ensure one's entitlement to participate in the civil and political life o ...
of free blacks and ''mulatos'' but explicitly denied them automatic citizenship. Furthermore, they were not to be counted for the purposes of establishing the number of representatives a given province was to send to the Cortes. That had the effect of removing an estimated six million people from the rolls in the overseas territories. In part, that arrangement was a strategy by the peninsular deputies to achieve equality in the number of American and peninsular deputies in the future Cortes, but it also served the interests of conservative Criollo representatives, who wished to keep political power within a limited group of people.
The peninsular deputies, for the most part, were also not inclined towards ideas of
federalism promoted by many of the overseas deputies, which would have granted greater self-rule to the American and Asian territories. Most of the ''peninsulares'', therefore, shared the absolutists' inclination towards
centralized government
A centralized government (also united government) is one in which both executive and legislative power is concentrated centrally at the higher level as opposed to it being more distributed at various lower level governments. In a national contex ...
. Another aspect of the treatment of the overseas territories in the constitution, one of the many that would prove not to be to the taste of Ferdinand VII, that by converting the territories to provinces, the king was deprived of a great economic resource. Under the ''Antiguo Régimen'', the taxes from Spain's overseas possessions went directly to the royal treasury. Under the Constitution of 1812, it would go to the state administrative apparatus.
Ayuntamientos
The impact of the 1812 Constitution on the emerging states of Spanish America was quite direct.
Miguel Ramos Arizpe
Don Miguel Ramos Arizpe (February 15, 1775 in Valle de San Nicolás, (near Saltillo) Coahuila – April 28, 1843 in Mexico City) was a Mexican priest and politician, and known as "the father of Mexican federalism."
Life and career
Ramos Ar ...
of Mexico, Joaquín Fernández de Leiva of Chile, Vicente Morales Duárez of
Peru
, image_flag = Flag of Peru.svg
, image_coat = Escudo nacional del Perú.svg
, other_symbol = Great Seal of the State
, other_symbol_type = National seal
, national_motto = "Firm and Happy f ...
and José Mejía Lequerica of
Ecuador
Ecuador ( ; ; Quechua: ''Ikwayur''; Shuar: ''Ecuador'' or ''Ekuatur''), officially the Republic of Ecuador ( es, República del Ecuador, which literally translates as "Republic of the Equator"; Quechua: ''Ikwadur Ripuwlika''; Shuar: ' ...
, among other significant figures in founding Spanish American republics, were active participants at Cádiz. One provision of the Constitution (article 310) provided for the creation of a local government (an ''
ayuntamiento
''Ayuntamiento'' ()In other languages of Spain:
* ca, ajuntament ().
* gl, concello ().
* eu, udaletxea (). is the general term for the town council, or ''cabildo'', of a municipality or, sometimes, as is often the case in Spain and Latin Amer ...
'') for every settlement of over 1,000 people. The provision was designed to transform the institution from one controlled by elites to representative institutions through elections. Elections were indirect, favouring the wealthy and socially prominent. The proposal came from Ramos Arizpe. That benefited the
bourgeoisie at the expense of the hereditary aristocracy both on the Peninsula and in the Americas, where it was particularly to the advantage of the Criollos since they came to dominate the ''ayuntamientos''. In
Cuzco
Cusco, often spelled Cuzco (; qu, Qusqu ()), is a city in Southeastern Peru near the Urubamba Valley of the Andes mountain range. It is the capital of the Cusco Region and of the Cusco Province. The city is the seventh most populous in Peru; ...
, the local elites welcomed the opportunity to participate in governance on the ayuntamiento. They distributed copies of the Constitution, allied with the provincial deputation and the cathedral chapter, all dominated by creoles, to oppose peninsular-born bureaucrats. The Constitution also brought in a certain measure of federalism through the back door, both on the peninsula and overseas: elected bodies at the local and provincial level might not always be in lockstep with the central government.
Promulgation
The Constitution was signed in March 1812, but it was not promulgated immediately throughout the empire. In New Spain, Viceroy
Francisco Venegas allowed the Constitution to be published on 19 September 1812. In Peru, the other major viceroyalty, Viceroy
José Fernando Abascal had the Constitution published on 1 October 1812. Venegas had to deal immediately upon taking up his post as viceroy the massive uprising of Father
Miguel Hidalgo y Costilla that had broken out days earlier. The inexperienced Venegas scrambled to handle two major simultaneous crises of power: a rebellion and the promulgation of a new system of government under the Constitution. Abascal was able to control the electoral process and control of the press (article 371) despite the provisions of the Constitution mandating its freedom. The constitution was not promulgated in
Quito until 18 July 1813.
Repeal and restoration
When Ferdinand VII was restored in March 1814 by the Allied Powers, it is not clear whether he immediately made up his mind as to whether to accept or reject this new charter of Spanish government. He first promised to uphold the constitution, but was repeatedly met in numerous towns by crowds who welcomed him as an absolute monarch, often smashing the markers that had renamed their central plazas as Plaza of the Constitution. Sixty-nine deputies of the Cortes signed the so-called ''Manifiesto de los Persas'' ("Manifesto of the Persians") encouraging him to restore absolutism. Within a matter of weeks, encouraged by
conservatives
Conservatism is a cultural, social, and political philosophy that seeks to promote and to preserve traditional institutions, practices, and values. The central tenets of conservatism may vary in relation to the culture and civilization in ...
and backed by the
Roman Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...
hierarchy, he abolished the constitution on 4 May and arrested many
liberal
Liberal or liberalism may refer to:
Politics
* a supporter of liberalism
** Liberalism by country
* an adherent of a Liberal Party
* Liberalism (international relations)
* Sexually liberal feminism
* Social liberalism
Arts, entertainment and m ...
leaders on 10 May, justifying his actions as the repudiation of an unlawful constitution made by a Cortes assembled in his absence and without his consent. Thus he came back to assert the Bourbon doctrine that the sovereign authority resided in his person only.
Ferdinand's absolutist rule rewarded the traditional holders of power—
prelate
A prelate () is a high-ranking member of the Christian clergy who is an ordinary or who ranks in precedence with ordinaries. The word derives from the Latin , the past participle of , which means 'carry before', 'be set above or over' or 'pre ...
s, nobles and those who held office before 1808—but not liberals, who wished to see a
constitutional monarchy
A constitutional monarchy, parliamentary monarchy, or democratic monarchy is a form of monarchy in which the monarch exercises their authority in accordance with a constitution and is not alone in decision making. Constitutional monarchies dif ...
in Spain, or many who led the war effort against the French but had not been part of the pre-war government. This discontent resulted in several unsuccessful attempts to restore the Constitution in the five years after Ferdinand's restoration. Finally on 1 January 1820
Rafael del Riego
Rafael del Riego y Flórez (7 April 1784 – 7 November 1823) was a Spanish general and liberal politician, who played a key role in the outbreak of the Liberal Triennium (''Trienio liberal'' in Spanish).
Early life
Riego was born on 7 April ...
, Antonio Quiroga and other officers initiated a mutiny of army officers in Andalusia demanding the implementation of the Constitution. The movement found support among the northern cities and provinces of Spain, and by 7 March the king had restored the Constitution. Over the next two years, the other European monarchies became alarmed at the liberals' success and at the
Congress of Verona
The Congress of Verona met at Verona on 20 October 1822 as part of the series of international conferences or congresses that opened with the Congress of Vienna in 1814–15, which had instituted the Concert of Europe at the close of the Napol ...
in 1822 approved the
intervention of royalist French forces in Spain to support Ferdinand VII. After the
Battle of Trocadero
The Battle of Trocadero, fought on 31 August 1823, was the only significant battle in the French invasion of Spain in support of King Ferdinand VII. French forces defeated the Spanish liberal forces and restored the absolute rule of Ferdinand.
...
liberated Ferdinand from control by the Cortes in August 1823, he turned on the liberals and constitutionalists with fury. After Ferdinand's death in 1833, the Constitution was in force again briefly in 1836 and 1837, while the Constitution of 1837 was being drafted. Since 1812, Spain has had a total of seven constitutions; the
current one has been in force since 1978.
Legacy
The Cortes of Cádiz produced the first written Spanish constitution, promulgated in Cádiz on 19 March 1812, and is regarded as the founding document of liberalism in Spain. It is one of the first examples of
classical liberalism
Classical liberalism is a political tradition and a branch of liberalism that advocates free market and laissez-faire economics; civil liberties under the rule of law with especial emphasis on individual autonomy, limited government, econo ...
or
conservative liberalism
Conservative liberalism or right-liberalism is a variant of liberalism, combining liberal values and policies with conservative stances, or simply representing the right-wing of the liberal movement. M. Gallagher, M. Laver and P. Mair, ''Repre ...
worldwide. It came to be called the "sacred code" of the branch of liberalism that rejected a part of the
French Revolution
The French Revolution ( ) was a period of radical political and societal change in France that began with the Estates General of 1789 and ended with the formation of the French Consulate in coup of 18 Brumaire, November 1799. Many of its ...
. During the early nineteenth century it served as a model for liberal constitutions of several Mediterranean and Latin American nations. It served as the model for the
Norwegian Constitution
nb, Kongeriket Norges Grunnlov
nn, Kongeriket Noregs Grunnlov
, jurisdiction = Kingdom of Norway
, date_created =10 April - 16 May 1814
, date_ratified =16 May 1814
, system =Constitutional monarchy
, ...
of 1814, the
Portuguese Constitution of 1822
The Portuguese Constitution of 1822 (formally the Political Constitution of the Portuguese Monarchy) ( pt, Constituição Política da Monarquia Portuguesa) approved on 23 September 1822 was the first Portuguese constitution, marking an attempt to ...
and the
Mexican one of 1824, and was implemented with minor modifications in various Italian states by the
Carbonari
The Carbonari () was an informal network of secret revolutionary societies active in Italy from about 1800 to 1831. The Italian Carbonari may have further influenced other revolutionary groups in France, Portugal, Spain, Brazil, Uruguay and Ru ...
during their revolt of 1820 and 1821.
Gallery
File:Barrio Hoz.JPG, Anguita, where the act was signed to establish the first ''diputación provincial'' under the 1812 Constitution.
File:St Aug Plaza DLC const mem03.jpg, Constitution of 1812 monument in St. Augustine, Florida. This obelisk
An obelisk (; from grc, ὀβελίσκος ; diminutive of ''obelos'', " spit, nail, pointed pillar") is a tall, four-sided, narrow tapering monument which ends in a pyramid-like shape or pyramidion at the top. Originally constructed by An ...
was erected when the city was the capital of the Spanish Florida.
File:Monumento a la Constitución de 1812, Cádiz, España, 2015-12-08, DD 80.JPG, Monument to the Constitution of 1812
The Monument to the Constitution of 1812 is a monument in Cádiz, Spain that commemorates the centennial of the signing of the Constitution of 1812. The monument, commissioned in 1912 and completed in 1929, is located in the centre of the Pla ...
in Cádiz, Spain
See also
*
Bayonne Constitution
The Bayonne Statute ( es, Estatuto de Bayona),Ignacio Fernández Sarasola Biblioteca Virtual Miguel de Cervantes. Retrieved 2010-03-12. also called the Bayonne Constitution () or the Bayonne Charter (), was a constitution or a royal charter () ...
*
Trienio Liberal
*
Napoleonic Code
*
Retroversion of the sovereignty to the people
The Retroversion of the sovereignty to the people, which challenged the legitimacy of the Spanish Empire, colonial authorities, was the principle underlying the self-government temporarily in the absence of the legitimate king.
But, in both Spain ...
*
American Provincial Deputation of Spain
*
History of democracy in Mexico
The history of democracy in Mexico dates to the establishment of the federal republic of Mexico in 1824. After a long history under the Spanish Empire (1521–1821), Mexico gained its independence in 1821 and became the First Mexican Empire l ...
*
Dos de Mayo Uprising
On the 2 and 3 May 1808 the Dos de Mayo or Second of May Uprising of 1808 took place in Madrid, Spain. It was a rebellion by civilians alongside some military against the occupation of the city by French troops, provoking a heavy-hand repress ...
*
Cortes of Cádiz
The Cortes of Cádiz was a revival of the traditional ''cortes'' (Spanish parliament), which as an institution had not functioned for many years, but it met as a single body, rather than divided into estates as with previous ones.
The General ...
*
Cádiz
Cádiz (, , ) is a city and port in southwestern Spain. It is the capital of the Province of Cádiz, one of eight that make up the autonomous community of Andalusia.
Cádiz, one of the oldest continuously inhabited cities in Western Europe, ...
*
San Fernando, Cádiz
*
Spanish American wars of independence
The Spanish American wars of independence (25 September 1808 – 29 September 1833; es, Guerras de independencia hispanoamericanas) were numerous wars in Spanish America with the aim of political independence from Spanish rule during the early ...
References
Primary sources
The Political Constitution of the Spanish Monarchy.Biblioteca Virtual "Miguel de Cervantes" on-line version of a partial translation originally published in ''
Cobbett's Political Register,'' Vol. 16 (July–December 1814).
Further reading
*Anna, Timothy E. "The Rise of Constitutional Government in the Iberian Atlantic World: The Impact of the Cádiz Constitution of 1812." (2018): 523-524.
* Annino, Antonio, "Cádiz y la revolución territorial de los pueblos mexicanos, 1812–1821." ''Historia de las elecciones en Iberoamérica, siglo XIX. De la formación del espacio político nacional'': 177-226.
* Artola, Miguel. ''La España de Fernando VII.'' Madrid: Espasa-Calpe, 1999.
* Benson, Nettie Lee, ed. ''Mexico and the Spanish Cortes.'' Austin: University of Texas Press, 1966.
* Congleton, Roger D. "Early Spanish Liberalism and Constitutional Political Economy: The Cádiz Constitution of 1812. 2010." (2010): 18-19.
* Davis, John. "The Spanish Constitution of 1812 and the Mediterranean Revolutions (1820-25)." ''Bulletin for Spanish and Portuguese Historical Studies'' 37.2 (2012): 7.
* Eastman, Scott, and Natalia Sobrevilla Perea, eds. ''The rise of constitutional government in the Iberian Atlantic world: the impact of the Cádiz Constitution of 1812''. University of Alabama Press, 2015.
* Esdaile, Charles J. ''Spain in the Liberal Age''. Oxford; Malden, Mass.: Blackwell, 2000.
* Garrido Caballero, Magdalena. "The Legacy of 1812 in Spain and Russia." Istoriya 7.8 (52) (2016): 10-20.
* Hamnett, Brian. "The Medieval Roots of Spanish Constitutionalism." ''The Rise of Constitutional Government in the Iberian Atlantic World (1812)'': 19-41.
* Harris, Jonathan, "An English utilitarian looks at Spanish American independence: Jeremy Bentham's ''Rid Yourselves of Ultramaria''," ''The Americas'' 53 (1996), 217–233
* Herr, Richard, "The Constitution of 1812 and the Spanish Road to Constitutional Monarchy," pp. 65–102 (notes on pp. 374–380) in Isser Woloch, ed. ''Revolution and the Meanings of Freedom in the Nineteenth Century''. Stanford, California: Stanford University Press, 1996. . (A volume in the publisher's series ''The Making of Modern Freedom.'')
* Kobyakova, Ekaterina. "The Idea of Civil Society in the Cádiz Constitution of 1812 and the Spanish Constitution of 1978." Istoriya 7.8 (52) (2016): 10-20.
* Lovett, Gabriel. ''Napoleon and the Birth of Modern Spain.'' New York: New York University Press, 1965.
* Mecham, J. Lloyd. "The origins of federalism in Mexico." The Hispanic American Historical Review 18.2 (1938): 164-182.
* Mirow, Matthew C. "Visions of Cádiz: the Constitution of 1812 in historical and constitutional thought." Studies in Law, Politics, and Society 53 (2010): 59-88.
* Muck, Allison. The Constitution of 1812: An Exercise in Spanish Constitutional Thought. Diss. Pennsylvania State University, 2015.
* Rieu-Millan, Marie Laure. ''Los diputados americanos en las Cortes de Cádiz: Igualdad o independencia.'' Madrid: Consejo Superior de Investigaciones Científicas, 1990.
*Ripoll, Carlos. St. Augustine and Cuba: The Monument to the 1812 Spanish Constitution. Editorial Dos Ríos, 2002.
*Roberts, Stephen GH, and Adam Sharman. ''1812 Echoes: The Cadiz Constitution in Hispanic History, Culture and Politics''. Cambridge Scholars Publishing, 2013.
*Rodríguez O., Jaime E. ''The Independence of Spanish America''. Cambridge University Press, 1998.
* Rodríguez O., Jaime E. "'Equality! The Sacred Right of Equality': Representation Under the Constitution of 1812." Revista de Indias 68.242 (2008): 97-122.
* Rodríguez, Mario. ''The Cádiz Experiment in Central America, 1808 to 1826.'' Berkeley: University of California Press, 1978.
* Saenz, Charles Nicholas. "Slaves to Tyrants: Social Ordering, Nationhood, and the Spanish Constitution of 1812." Bulletin for Spanish and Portuguese Historical Studies 37.2 (2012): 4.
* Schofield, Philip. "Jeremy Bentham and the Spanish Constitution of 1812." Happiness and Utility: Essays Presented to Frederick Rosen (2019): 40.
* Sobrevilla Perea, Natalia. "The Rise of Constitutional Government in the Iberian Atlantic World. The impact of the 1812 Cadiz Constitution of 1812." (2015).
*Zimmerman, A.F. "Spain and Its Colonies, 1808-1820." Hispanic American Historical Review 11:4(1931) 439-463
{{Authority control
Constitutions of Spain
1812 in law
Constitution of 1812
The Political Constitution of the Spanish Monarchy ( es, link=no, Constitución Política de la Monarquía Española), also known as the Constitution of Cádiz ( es, link=no, Constitución de Cádiz) and as ''La Pepa'', was the first Constituti ...
Spain 1812
Constitution of 1812
The Political Constitution of the Spanish Monarchy ( es, link=no, Constitución Política de la Monarquía Española), also known as the Constitution of Cádiz ( es, link=no, Constitución de Cádiz) and as ''La Pepa'', was the first Constituti ...
Constitution of 1812
The Political Constitution of the Spanish Monarchy ( es, link=no, Constitución Política de la Monarquía Española), also known as the Constitution of Cádiz ( es, link=no, Constitución de Cádiz) and as ''La Pepa'', was the first Constituti ...
1812 documents
19th century in Spain
Ferdinand VII of Spain
History of Spain