1812 Spanish Constitution: Liberalism & the Trienio Liberal
The Spanish Constitution of 1812: “La Pepa”
The Spanish Constitution of 1812, also known as “La Pepa,” was enacted by the Parliament of Spain on March 19, 1812, in Cadiz. It holds great historical importance as the first constitution promulgated in Spain and one of the most liberal of its time. Key features included:
- Popular Sovereignty: Power resided in the people.
- Division of Powers: Separation of executive, legislative, and judicial branches.
It was the largest of all Spanish historical constitutions, consisting of 384 articles distributed across 10 titles, which were further divided into chapters. It was very rigid in nature, making it difficult to reform. The constitution aimed to introduce a comprehensive new state organization based on liberal principles, in opposition to the Old Regime. The Cadiz Constitution served as a model for many other European constitutions of the time (Portugal, Piedmont, etc.). It was very advanced for its era. However, the absolutism of Fernando VII frustrated the program devised by the Constitutionalist Liberals of Cadiz.
The Liberal Triennium (1820-1823)
The “Trienio Liberal” (Liberal Triennium) refers to the three years between 1820 and 1823. A liberal ruling eventually succeeded. Lieutenant Colonel Riego, at the head of an army stationed in Cabezas de San Juan (Cádiz) that was intended to go to America to fight the independent rebels, took over and proclaimed the Constitution of 1812. After various vicissitudes, the insurrection spread. On March 9, 1820, a frightened Fernando VII swore to uphold the 1812 Constitution. For the first time, the 1812 Constitution was applied in a situation of peace and with the monarch in the country. Fernando VII, a convinced absolutist, tried from the outset to obstruct the work of the liberal governments and the normal functioning of the constitution.
The division of the Liberals introduced considerable political instability during the Triennium. The Liberals in power during the Triennium implemented a clearly anticlerical policy. The confrontation with the Church became a key element of the Spanish liberal revolution.
After Napoleon’s defeat in 1815, the great absolute powers (Prussia, Austria, Russia, and the France of Louis XVIII), gathered at the Congress of Vienna and in the Holy Alliance, had committed to intervene against any liberal threat arising in Europe. Thus, the powers agreed to intervene in Spain. In 1823, a French army, known as the “Hundred Thousand Sons of St. Louis,” entered Spain and, with little popular opposition, easily conquered the country. On October 1, the last outbreak of resistance by the Liberal government in Cadiz ended, and Fernando VII was declared absolute monarch.
Historical-Legal Context
This text is of a historical-legal nature, which describes a double transfer of royal sovereignty. The crisis within the Spanish monarchy, embodied in the abdication of Charles IV in favor of his son Fernando VII after the Mutiny of Aranjuez, along with the Treaty of Fontainebleau signed between Napoleon and Manuel Godoy (allowing the passage of French troops to invade Portugal), triggered the abdications that occurred in Bayonne. The Spanish royal family had moved to Bayonne at Napoleon’s behest, leading to an exile that lasted until 1814, during which the War of Independence against the French invader took place. It is a private document with a public purpose, creating awareness among the Spanish that sovereignty now rested in the hands of Napoleon, and he would decide who would become the new king of Spain under the conditions set in the agreement.