Spanish War of Independence and 1812 Constitution: A Comprehensive Overview
The War of Independence (1808-1814)
The Beginning
a) The Outbreak of Conflict: The Dos de Mayo
Murat delivered to the board on April 30 a letter from Charles IV calling for the departure of their children. Rumors spread, and popular anger was unleashed. Murat responded by deploying a battalion to disperse the crowds, leading to the May 2nd uprising in Madrid. The news of the uprising reached all corners of Spain, initiating the War of Independence. The first declaration of war came from the mayor of Móstoles, followed by the proclamations of Gijón and Oviedo.
b) The Formation of the Provincial Boards
The abdication of Bayonne created a vacuum of authority in occupied Spain. To fill this gap, meetings were held, first locally, then assuming provincial sovereignty on behalf of the absent king. These meetings, operating outside traditional authorities, denied the legitimacy of the Bayonne abdications and assumed authority on behalf of the people. These heterogeneous bodies, composed of prestigious citizens, assumed power at the local, provincial, or regional levels. They were united by their opposition to the French and the defense of Spanish independence. Asturias was the first to form a board based on the Principality.
c) The Supreme Central Board
Provincial boards recognized the need for coordination to confront the invader. In September 1808, the Supreme Central Governing Board of the Kingdom was established, assuming all sovereign powers as the highest governing body. Initially formed in Aranjuez and later in Seville, it comprised 34 delegates from the provinces. In January 1810, the Board transferred power to a Regency, which unfortunately faced paralysis.
The Causes or Origins of the War
The departure of King Ferdinand VII and his father, Carlos IV, from the country, along with the political control exerted by the French, led to the mutiny of some artillery officers, supported by the populace, on May 2, 1808.
Characteristics of the War of Independence
The nature of the war was multifaceted:
- An international conflict: A war between France and England, with Spain as the battleground where these powers contested for hegemony.
- A national war of liberation from French rule, involving the entire population, including significant guerrilla warfare.
- A civil war: Some factions supported Joseph Bonaparte as the legitimate king, seeing it as a way to avoid chaos. This group included certain clergy, nobility, institutions, and administrators. Joseph himself saw it as a way to modernize Spain, in opposition to the occupation.
- A political crisis: The power vacuum necessitated the creation of an alternative power structure, leading to the convening of the Cortes and the drafting of the Cádiz Constitution. Two main factions emerged: liberals and serviles.
- Guerrilla Warfare: This defensive-offensive system was employed by the Spanish peasantry. Spontaneous guerrilla groups, led by men with intimate knowledge of the terrain, hindered enemy movements. Famous guerrilla leaders included Espoz Mina, Martín Díaz, and the Cura Empecinado Merino.
Phases or Stages of the War
Military events unfolded in three phases:
a) Phase 1:
May to October 1808. Characterized by the initial failure of the occupation. The French struggled to dominate the peninsula due to guerrilla warfare. A regular Spanish army, led by General Castaños, defeated General Dupont at the Battle of Bailén (July 19, 1808), forcing Joseph I to abandon Madrid and retreat his troops north of the Ebro.
b) Phase 2:
October 1808-July 1812. Marked by attrition warfare and guerrilla actions. England sent an expeditionary army, compelling the French to withdraw from Portugal. Napoleon personally intervened, arriving in Madrid and suppressing most of the besieged cities, with Cádiz being the notable exception. Napoleon was eventually forced to return to France due to other European wars.
c) Phase 3:
July 1812-1814. A Spanish offensive, aided by England, achieved victory at the Battle of Arapiles in July 1812. By May 1814, the French were expelled, with English armies pursuing them beyond the Pyrenees. However, the war had effectively ended earlier when Napoleon signed the Treaty of Valençay (December 1813), freeing Ferdinand VII and restoring him to the throne.
The Consequences of War
The war inflicted unprecedented damage on Spain, causing demographic, economic, cultural, moral, political, and liberal losses. Internationally, the Spanish War of Independence contributed to the defeat of Napoleonic forces in Naples, demonstrating that the French army could be beaten and forcing them to divide their troops. Furthermore, the war triggered the independence movements in Spanish America.
The Cortes of Cádiz and the Constitution of 1812
The Political Situation During the War (Ideological Groups)
The French invasion divided Spaniards into two ideological groups: Afrancesados and Patriots. The Afrancesados were a minority who supported Joseph I, consisting of some nobles, high clergy, and especially officials. The Patriots, the majority, rejected foreign rule but were further divided into two groups with differing ideologies and interests: the liberales and traditionalists.
The Call to Cortes
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The joint movement which replaced the vacuum of power meant a real revolution to assume sovereignty. The opportunity to begin the bourgeois liberal revolution came when the losses began to Napoleon, the Supreme Central Governing Board of the Kingdom, had to move to Cadiz, the only territory without invading and decided in January 1810, ceding power to a Regency five members, very conservative. The Regency was responsible from that point to organize the fight against the invaders and also produced the call for courts to organize the country. The city of Cádiz was the seat of a mercantile bourgeoisie and large colonies of foreign merchants, in addition many bourgeois were hiding from the war. The idea of a meeting of General Courts had already been discussed at the Central Board. After 100 years without meeting the Parliament opened its meetings on 23September 1810, in Cadiz and developed over three years.
5.3. Composition of the Courts
The next day the participants approved the first decree declared repositories of national sovereignty. The formula to call them and showed the character that were to have estates because they were not met in a camera the whole nation. It was understood the concept of the whole nation as free citizens, residents of both the Peninsula and in the overseas territories equal in rights and subject all to the same law. Due to the difficulties of the war, the participants were chosen in the free areas of French rule. In addition, alternate appointed representatives of the cities that could not hold elections. Among the deputies found three trends:
“Liberals are the party of national sovereignty, the nation is the sole subject of sovereignty.
“Reform or Jovellanos favored gradual reform, defended the notion of historical Constitution.
Absolutist or menial, the main idea of defense of absolutism. Sovereignty must reside in the king.
The high nobility and the upper hierarchy of the church was barely represented, not the deputies in the occupied areas or representatives of the American territories. Prevailed in the courts, the middle class, educated intellectual (lawyers, clergy, officials, military and academics), also members of the industrial and commercial bourgeoisie. There was no representation of the masses. Since its inception, the Courts showed no resemblance to the old, deputies put Cadiz liberal revolution in motion.
5.4. The work of the Courts
The work of the Cortes of Cádiz between 1810 and 1813 was devoted to two additional task, the dismantling of the Old Regime and the drafting of a constitution.
a) The open legislation (decrees)
Besides the Constitution, the Courts of Cadiz, passed a series of social, economic and legal are complementary, these measures were:
– Freedom of the press, abolished the censorship of political writings but not religious.
– Abolition of the feudal regime.
-Abolition of the Inquisition
-Abolition of guilds
-Shy confiscation
-Abolition of primogeniture
-Abolition of Mesta
-Abolition of internal customs
Creation of a national militia
b) The constitution of 1812
Adopted on March 19, 1812 and known as La Pepa was the first liberal constitution in the country. Its most important features are:
“National sovereignty: the power is in the nation
“Division of powers: the legislature (unicameral cuts), judiciary (the courts), executive (king) but with many limitations.
“Parliamentary monarchy
“The system is unicameral, only one chamber of deputies
“Individual rights and freedoms
-Universal male suffrage and indirect
He omits any reference to territories with privileges
“Catholicism is the only permitted religious confession