Spain’s 1812 Constitution: Origins, Content, and Impact
Forms of Struggle
Guerrillas
Consequences of War
The war was very expensive, leading to a loss of international status and a climate of expectation regarding Fernando VII’s captivity in Valençay. Napoleon attempted a treaty of peace and friendship, but the Cortes rejected it. Liberals aimed to ensure the Constitution’s survival, condemning to death those who proposed constitutional changes and refusing to accept the de jure king until he swore allegiance to the Constitution.
The Constitution of Cadiz
The Cortes of Cadiz
The electoral rules, established in January 1810, were based on indirect universal male suffrage. Representation included boards, cities, and American representatives. The ancien régime’s apathy fostered a revolutionary atmosphere. Cadiz, isolated and liberal, with a liberal clergy, facilitated the call to the Cortes. The session began on September 24, 1810, with approximately 100 members, mostly deputies elected in the city. While comprehensive studies of the representatives are lacking, it appears the middle class predominated, including intellectuals, clergy, military officers, lawyers, officials, and members of the commercial and industrial bourgeoisie. They met in a single chamber with individual voting. It is difficult to definitively categorize members as absolutist or liberal, and formal political parties did not exist.
The first decree was drafted by Muñoz Torrero. The Cortes declared themselves sovereign and representatives of the nation (some suggested an oath similar to the French Tennis Court Oath). They recognized Fernando VII as king, declaring his resignation void. The Cortes held legislative and executive powers, the latter exercised through a Regency.
Traditionally, three phases are identified: 1) Changing the political regime (1810-1812), 2) Social Transformation (1812-1814), and 3) Economic transformation.
Analysis and Assessment of the Constitution of 1812
Constitutional work began in 1810. The drafting committee was chaired by Muñoz Torrero, with Antonio Ranz Romanillo (translator of the Bayonne text) contributing, but the main role was played by Agustín Argüelles. It was a long process marked by struggles with conservatives.
The Constitution comprised 384 articles in four titles. It was notably long, especially the section on the legislature, and overly specific, aiming for a perfect, immutable document. It lacked a specific declaration of rights, which were scattered throughout the text.
Title I: Of the Spanish Nation and Spaniards declared national sovereignty and the separation of powers (legislative power shared between the King and the Cortes; executive power vested in the King, with limited judicial independence). It considered all Spaniards in both hemispheres as part of the nation and abolished social estates. It upheld a Catholic confessional state. Freedoms included:
- Equality before the law, civil liberty, inviolability of the home, criminal and procedural guarantees, elementary education, freedom of the press (except for religious books).
- Freedom to work.
- Freedom of contract.
- Freedom of enclosure.
Suffrage was universal male for those over 25 years. These commissioners elected representatives through indirect suffrage. Eligibility (passive suffrage) excluded those without an annual income from personal property or who did not live on their property. It was also incompatible with holding royal appointments or being a member of the regular clergy for two years.
Legislative power resided in the Cortes and the King (shared sovereignty). The Cortes were unicameral, meeting for three months, with a Standing Committee in recess. They held broad powers: making laws, approving international treaties, deciding on succession, and fixing contributions. The King could not suspend or dissolve Parliament. His role was limited to proposing laws and decrees, repealing them, and controlling foreign troops.
The executive branch was vested in the King and the Secretaries of State. Their operation was not always smooth; the King could appoint and remove ministers freely, but they were accountable to the Cortes. Royal orders required a minister’s signature, making the minister responsible for their implementation. The King had a suspensory veto over laws, but the final decision rested with the Cortes. The King’s power was significantly curtailed by the Cortes.
The Constitution’s course was very similar to the French, sharing the same purpose, with Italian influences in Spanish America.
Legislative Work in the Cortes of Cadiz
The Cortes of Cadiz made important legislative decisions, not always issued after the Constitution. For example, the abolition of feudalism: ancestral lands became the property of the lord, and courts were incorporated into the nation. This measure also eliminated the appointment of municipal officials and all traces of noble justice.
Economic reforms included abolishing primogeniture and the requirement of nobility for entering military academies. The Cortes decreed freedom of work (abolishing guilds) and recruitment. The Mesta (sheepherders’ guild) was also abolished. Trade was dignified, and the sale of communal lands was initiated. Attempts were made to unify and make contributions proportional. All these measures aimed to ensure that property was detached, free, and absolute. Agriculture and livestock were also encouraged.
Regarding the Church, the Cortes decided not to return seized property from Joseph I’s reign, abolished the Voto de Santiago, and attempted confiscation. The Inquisition and torture were abolished.
Society Set on New Theoretical Bases
Following step 3 of M. Artola’s model for revolutionary processes (see above), the new ideology emphasized:
1º A conception of man according to which human behavior is determined by the pursuit of happiness. Man is inherently good, not bad, as absolutists claimed.
2º Identification of happiness with wealth, both as a means to meet human needs and as the only quantifiable measure of well-being.
3º The social organization created should be a just society if it meets the rules of the perfect market: freedom, equality, and property – the fundamental rights of liberal constitutions.