Exploring the Significance of the 1812 Constitution
The Constitution of 1812
Rating:
We are examining a direct or primary source of legal nature. This is a selection of articles from the Constitution of 1812, enacted on March 19, 1812. It is a legal text, written by the members of the Cortes of Cadiz. It presents a public character, with both national and international significance, due to the enormous prestige it attained not only in our country but also in Europe and America.
Analysis:
This is a selection of items from the 1812 Constitution, promulgated on March 19 of that year and compiled by the deputies of the Cortes gathered in Cadiz since 1810.
Like any constitution, it expresses the correlation of political forces and the ideological majority in the Constituent Assembly. This is a lengthy text that regulates in detail all issues related to political life and the rights of citizens.
The selected items encompass principles of advanced liberalism: national sovereignty, the Spanish nation, religion, government, and other characteristics such as the separation of powers and limitations on royal power.
Definitions:
- Cortes (liberal): A constitutional body in the Spanish State representing the Spanish people. On behalf of the Spanish people, they perform essential aspects of national sovereignty, hold legislative authority, approve the general budget of the State, control the actions of the Government, and perform other functions assigned to them by the Constitution.
- Sovereignty: The supreme power of authority.
- Member: A person with suffrage belonging to the chamber.
- Constitution: The fundamental rule of a State established to govern it, possessing legislative power.
Comment:
I. Historical Background
In late 1807, the internal situation was chaotic.
The people viewed the heir, Fernando, as a savior of the country and the dynasty. The clique, known as the group of advisers to Ferdinand, was formed, and men like Escoiquiz contributed to spreading the false image of the Prince of Asturias as exemplary and authentic.
Napoleon approached the Spanish government, which agreed to sign the Treaty of Fontainebleau on October 29, 1807, allowing the French army to traverse Spanish territory to reach Portugal. Several bodies of the army were quartered in Burgos, Salamanca, Pamplona, San Sebastian, and Barcelona. Murat was appointed by the new French Army.
Fernando’s supporters seized the opportunity, and on the night of March 17 to 18, 1808, the mutiny of Aranjuez occurred, where Fernando’s supporters assaulted the palace. The next morning, the Prince of Peace, Godoy, was deposed on charges of attempting to escape with the kings to America and was arrested. Carlos IV was forced to abdicate, giving the crown to his son. Fernando traveled from April 10 to April 20 to Bayonne. In Bayonne, embarrassing negotiations took place in which Fernando renounced the benefits of his parents and the Bonaparte house. Fernando became known to the Spanish as a kidnapped king, Desiring. Napoleon decided to appoint his brother Joseph as king, but by then, the war had begun.
The uprising of May 2 in Madrid was triggered by the alarm at the exit of the royal family members from the capital. This marked the beginning of a war that would last five years.
A real power vacuum emerged. The Council of Castile and the Governing Board, which now exercised power, were placed under the authority of Joseph Bonaparte. It was then, after the uprising of 1808, that the Spanish took over national sovereignty and formed their own governing bodies, thus breaking with the old regime. Local councils and provincial governments arose on behalf of Ferdinand VII. The population chose to train individuals like Floridablanca, Jovellanos, etc. The provincial Supreme Council acted as representatives of the popular will.
The Supreme Central Junta was composed of representatives from various trends: enlightened aristocrats of the Ancien Régime, enlightened moderates, and liberal progressives. They implemented two types of measures: organization of resistance and political reorganization.
They decided to convene courts to reform the old regime. Commission members agreed that the courts should be constituent and consist of members elected by vote. They opted for the votes of men over 25 years and formed a single chamber.
In early 1810, the Board, divided and isolated in Cádiz, besieged by the French, decided to dissolve itself and hand over government to a Council of Regency, which proceeded to call for elections to parliament in June 1810. The opening was celebrated on September 24, 1810. For the first time in Spain, the nation was represented by a national congress. Many deputies faced numerous hardships to reach Cadiz and were replaced by men of liberal thought. The revolutionary and patriotic atmosphere of Cadiz allowed liberal ideology to materialize in the 1812 Constitution.
II. Review of the Fundamental Ideas
The ideas expressed in the text are varied: the Spanish nation, national sovereignty, religion, government, separation of powers, and limitations on royal power.
The text begins by referring to the American colonies, attempting to quell independence movements and creating boards to align their legal status with that of the Spanish people. Regarding the rest of the articles on the Spanish nation, the key concept is that of national sovereignty (Article 3). The influence of Rousseau is undeniable, permeating many speeches through the sheer force of his terminology, and the French Constitution of 1791 (the two texts were published in parallel). There is much discussion of the suggestions in The Social Contract. We will speak of “unalterable rights of man” in terms of Rousseau. Sovereignty is vested in the people. The text of Cadiz did not rush to state that such consequences would be projected on a sovereign government elected by popular will.
Father Suarez denied the authority of the divine right of kings. Marina Martinez argues that “The people are the source of all authority.” The constitution did not achieve a representative regime’s legitimacy, and national will was needed, despite its unique status as sovereign, in agreement with the King at the time to legislate under Article 15.
Liberals believe in happiness (art. 6) as the aspiration of all men, in material progress, and individual liberty (art. 4). They defended the aspiration for wealth and private property and individual freedom as fundamental rights of man, socially differentiating individuals. For everyone to pursue wealth freely, laws of the market, free competition in supply and demand, and a legal status guaranteeing everyone the same initial potential are necessary. Hence the insistence on individual rights, often forgotten in contrast to social or collective rights.
In France, the men of Cadiz embraced the principles underlying the neighboring country’s famous Declaration of the Rights of Man and Citizen. Cadiz lawmakers were not limited to proclaiming rights but also imposed duties, thus closing the legal circle in which a citizen had to operate according to the State. The principles of freedom and equality, in the manner of 1789, floated in the air of Cadiz, defended by men like Argüelles.
The division of powers is clear in the passage following the clear influence of Montesquieu. Legislative power is vested in “the courts with the King.” The King may issue, sanction, and veto laws, more than twice in three years (art. 148). The executive power is vested in the King, who freely names their secretaries, who theoretically answer to the courts but cannot be relieved of them. There is no parliamentary scrutiny of the government. The secretaries must be Spanish and cannot be deputies. The Constitution included a long article, Article 172, which explicitly reflected limitations on royal authority. Among them, the inability to suspend or dissolve Parliament, abandon or leave the country, lead a foreign policy not monitored by the chambers, marry without permission, or impose taxes. Judicial power is vested in the courts, recognizing ecclesiastical courts and military courts.
Regarding religion (art. 12), the denominational exclusivity of the Catholic religion is explicitly stated.
National representation resides in the courts (Article 27), which are unicameral and elected by indirect universal suffrage for men over 25 years. Courts automatically gather for a minimum of three months per year, starting from March 1, have a term of two years, and deputies enjoy immunity in the exercise of their office. The rulers (mayors) are elected by the population.
III. Conclusion, Validity, and Scope
On March 19, 1812, the Constitution was proclaimed. The Constitution had three periods: March 1812-March 1814, January 1820-November 1823, and August 1836-June 1837.
The significance of the Cadiz Constitution was not only national but also had a decisive influence on liberal movements in Italy, Germany, and Russia. The first stage was troubled, with constitutional issues resulting from the great disasters caused by war. The winter of 1812 was filled with hardships, manifested by hunger and a lack of necessary products, alongside the spread of yellow fever.
The discontent leading to this situation increased opposition to the Cadiz Constitution from the nobility and the clergy. The Constitution was not accepted by Fernando VII and was suspended in 1814. Cadiz’s work was halted.
In 1820, the delivery of Cabezas de San Juan reinstated it for three years (Liberal Triennium). Later, in 1836, the mutiny of the House invoked it, and it was rebuilt and replaced by the Constitution of 1837. However, the text of Cadiz received special attention in Europe and America.
Bibliography:
Julien Elisha AJA. Constitutions and Constituent Periods in Spain: (1808-1936). Madrid: Siglo XXI, 2000. SÁNCHEZ Agesta, L: Course of Constitutional Law. Publications Service of the Faculty of Law at the University of Madrid, Madrid, 1976.