Mendizábal and Madoz Confiscations, 1855 Laws, and 1869 Constitution
Confiscation of Mendizábal: Political Aspects
Two main reasons drove the disentailment process:
- The clergy’s support for the Carlist cause.
- The state’s financial need.
The confiscation was the single most revolutionary measure undertaken by the Liberal government. In the Ancien Régime, certain sectors of society possessed a mass of goods commensurate with their social role. The nobles had their economic assets linked, preventing land division and ensuring transmission to the firstborn. The Church and municipalities also held linked properties. The confiscation aimed to decouple these lands from their owners through legislation, enabling their sale, transfer, or distribution. These measures were crucial because they intended to:
- Deprive the old estates (privileged nobility and clergy) of their economic power.
- Provide land to landless peasants.
- Promote more efficient operation of the Spanish countryside.
Disentailment measures legitimized by Mendizábal, driven by the decoupling of noble heritage and the regular clergy, were initiated by the Cortes of Cádiz in 1812 and continued during the Liberal Triennium. These measures involved claiming national ownership of real estate, rentals, and rights of religious communities and convents, with proceeds from their auction going to the state.
The General Confiscation Law of 1855 (Madoz Law)
The General Confiscation Law, known as the Madoz Law of 1855, completed Mendizábal’s work. It particularly affected the secular clergy and municipal property. The sale of these goods was intended to repay government debt and finance public works. The sale of church property led to a rupture in relations with the Church. The sale of municipal property faced strong opposition, not only from moderates but also from some progressive members.
General Railway Law of 1855
The first Railway Law regulated the construction of railways and offered incentives to companies involved in the process.
Law of Banking or Credit Societies
This law marked the starting point for the expansion of modern banking in Spain.
The Constitution of 1869
Inspired by the Constitutions of 1812 and 1837, and influenced by the Belgian Constitution of 1831 and the U.S. Constitution of 1787, the Constitution of 1869 is considered the first democratic constitution in Spanish history. It was enacted on July 1, 1869. Its 112 articles include the following characteristics:
- Its most distinctive feature: a focus on individual rights.
- The First Title provided for a comprehensive declaration of rights, including some not previously recognized: the inviolability of correspondence and the freedom to work for foreigners.
- Recognition of national sovereignty, stemming from both the legitimacy of the monarchy’s power-sharing and political and administrative decentralization.
- Emphasis on the role of Parliament (bicameral, elected by universal suffrage) as a center of power, ensuring its independence from the Crown and the Government.
- The King’s power was conceived as a constitutional monarchy, with executive power exercised by ministers accountable to the Houses for their actions.
- Judicial power resided in the courts (exercising the judiciary), municipalities, and county councils, responsible for managing the interests of towns and provinces.
- Regarding religion: it recognized the right to freedom of worship. Article 21 guaranteed Spanish citizens and foreign residents in Spain the freedom to profess a religion other than Catholicism. Since 1869, religion would no longer be a factor of integration but rather a cause for civil division and discord.