Cadiz Courts and Spanish War of Independence: 1808-1814
Crisis of the Old Regime
The Courts of Cadiz were convened during the crisis of the Old Regime in Spain. The outbreak of the French Revolution coincided with the reign of Charles IV. The revolution in France threatened the absolute monarchies of Europe. It unfolded in several stages: first, the king’s absolute power was removed, leading to a constitutional monarchy, then a republic, and finally, the king was executed after a trial.
Charles IV appointed Godoy as his minister. Spain’s alliances shifted, with France becoming an ally and England an enemy. The combined fleets of Spain and France were defeated by the British at the Battle of Trafalgar. Two years later, the Treaty of Fontainebleau was signed, allowing Napoleon’s troops to cross Spain to attack Portugal. Spain was quickly occupied, with a significant number of French troops remaining. Charles IV abdicated, and his son, Ferdinand VII, ascended the throne.
Napoleon summoned both Charles IV and Ferdinand VII to Bayonne, and subsequently installed his brother, Joseph Bonaparte, as King of Spain. The Spanish people resisted, and on May 2, 1808, a riot erupted in Madrid, marking the beginning of the War of Independence.
The Power Vacuum and the Regency
The French invasion and Ferdinand VII’s captivity created a power vacuum. Various armies and guerrilla groups were formed to fight the French. These efforts were coordinated by local defense boards, which eventually merged into the Central Junta, and later the Regency Council. Initially based in Madrid, the council was forced to retreat to Cadiz.
The Courts of Cadiz and the 1812 Constitution
Writing the Constitution
In 1810, the Central Junta dissolved itself and called for the Courts of the Kingdom to convene in Cadiz. The writing of the Constitution began in 1810 and was enacted on March 19, 1812. It is often referred to as “La Pepa.”
Key Features of the Constitution
- Extensive declaration of rights and duties: freedom of expression, equality before the law, private property rights, civil liberties, and equality between Spaniards in both hemispheres.
- Religious conservatism: Catholicism was declared the mandatory religion, and the practice of other religions was prohibited.
- National sovereignty: the constitution proclaimed that sovereignty resided in the nation.
- Constitutional monarchy: Spain was established as a hereditary constitutional monarchy.
- Separation of powers: Legislative power was shared between the Courts and the King (with the King having a limited veto). Executive power was vested in the King, who delegated to ministers. Judicial independence was guaranteed.
- Unicameral legislature: the Courts were unicameral, with members elected by indirect universal male suffrage.
- Compulsory education: all children were required to learn reading, writing, arithmetic, and catechism.
- National Militia: a volunteer corps was established to guarantee order, composed of individuals with liberal ideas.
While the Courts were in session, additional laws were passed, including the abolition of the Inquisition. However, upon his return, Ferdinand VII abolished the Constitution. It was briefly reinstated after his death but replaced by a Royal Charter. The Constitution was only in effect for four years.
War of Independence (1808-1814)
Outbreak and Early Battles
The war began on May 2, 1808, with the uprising in Madrid. Despite English assistance, the Spanish army struggled against the powerful French forces. The Battle of Bailén was a significant early victory for the Spanish, marking the first time a French army was defeated on land.
French Dominance and Resistance
In 1809, Napoleon arrived in Spain with his best troops, defeated the Spanish, and captured Madrid. He ordered his generals to conquer the peninsula, but they failed to capture Lisbon, Gibraltar, and Cadiz. The Spanish resistance continued through sieges (Zaragoza, Gerona) and guerrilla warfare. Cadiz, with British support, remained unconquered.
Turning Point and French Defeat
From 1812, British armies began to push the French out of Spain, starting from Lisbon. The French were defeated in major battles at Arapiles, Vitoria, and San Marcial. Napoleon eventually signed a peace treaty, recognizing Ferdinand VII as King of Spain.
Phases of the War:
1808-1809
Battle of Bailén and early Spanish resistance.
1809-1812
Napoleon’s intervention and French dominance; sieges and guerrilla warfare.
1812-1813
British intervention and French retreat; key battles and eventual French defeat.