Birth of Spanish Liberalism: Cádiz 1812

Posted on Nov 16, 2024 in History

Cádiz Courts and the Constitution of 1812

Las Cortes de Cádiz and the Constitution of 1812 represent the first institution and the foremost liberal legislation in the history of Spain. They embody the ideas of liberalism, and although they initially had little effect, they served as the model for liberal revolution until the regency of Maria Cristina.

Background

  1. The old regime was failing; there was a major crisis, and the bourgeoisie sought to acquire land. Wars against France, stemming from the French Revolution (1789), led to significant expenses and losses. This resulted in tax increases and widespread discontent.
  2. In 1807, the Treaty of Fontainebleau was signed, allowing French troops into Spain to invade Portugal. However, the French behaved as invaders, contributing to unrest and street clashes, culminating in the events of May 2nd when the French targeted the Royal Family.
  3. Ferdinand, son of Charles IV, organized plots against his father and Godoy.
  4. In 1808, the Aranjuez uprising forced the king to abdicate in favor of his son, Ferdinand VII.
  5. On May 2nd, a power vacuum emerged, foreshadowing war. This situation worsened on May 5th with the abdications of Bayonne, where Ferdinand VII renounced the throne in favor of Charles IV, who in turn abdicated to Napoleon. Napoleon then appointed his brother, Joseph I, as King of Spain.
  6. Much of the Spanish populace rejected this, choosing to fight for the return of their king and oppose the French rule, thus beginning the War of Independence (1808-1814).

Development

The Cádiz Courts arose from the power vacuum caused by the exile of the Kings, as authorities hesitated to confront the French. New powers emerged: The Boards and The Courts. A climate of distrust and power vacuum prompted rebels to adopt new political instruments: The Boards. They assumed authority on behalf of the people, becoming central to political action. They denied the legitimacy of the abdications of Bayonne and assumed power without limitations, opposing the French and rejecting Joseph I. These boards were coordinated at local and regional levels, culminating in the Central Governing Junta of the Kingdom in September 1808. This Junta decided to convene the Cortes in Cádiz in September 1810. These were not estate-based courts but a unique assembly representing the nation. Most members were liberals, designated from among the people living in Cádiz, many of whom were merchants and bourgeois liberal refugees. They enacted reforms and laws, the most significant being the 1812 Constitution, with the following principles:

  1. Sovereignty resides in the nation, marking the end of absolute monarchy.
  2. Extreme limitation of the monarchy’s power.
  3. Recognition of legal equality for male citizens, abolishing privileges.
  4. Constitutional monarchy based on the separation of powers, with a unicameral legislature.
  5. An indirect system of virtually universal male suffrage to elect city councils, county councils, and courts.

Key articles of this Constitution include:

  • Art. 1. The Spanish nation comprises all Spaniards from both hemispheres.
  • Art. 14. The Spanish national government is a hereditary constitutional monarchy.
  • Art. 15. The power to make laws resides in the courts with the king.
  • Art. 16. The power to execute laws resides in the king.
  • Art. 108. Members will be fully renewed every two years.
  • Art. 183. When the crown must pass immediately or has fallen, the successor cannot choose a spouse without the consent of the Cortes; otherwise, it is understood as an abdication of the crown.

Alongside the Constitution, the Cádiz Courts issued socio-economic decrees aimed at dismantling the ancien régime’s social and economic fabric, establishing a law based on private property and market freedom:

  1. Abolition of nobility and clergy privileges, and manorial jurisdictional rights.
  2. Establishment of free and individual private property, opposing entailed estates and amortization.
  3. Defense of trade and industry freedom, and freedom of contract for workers, leading to the abolition of guilds and royal fees, with prices regulated by supply and demand.

Consequences

The Courts and the Constitution had significant consequences:

  1. The Constitution and the Cádiz Courts served as a model for liberal revolution, though short-lived (until 1814 with the return of Ferdinand VII and the restoration of absolutism).
  2. The ideas of Cádiz resurfaced and were imposed during the regency of Maria Cristina (1833-1840).