The Impact of the 1812 Constitution on Spanish Liberalism
The central supreme board had shown itself incapable of leading the War of Independence on the Spanish side, which would cause its dissolution. Before this happened, in 1810, a process of invitation to the courts was initiated to meet a representative from each provincial board and decide on the organization and the ultimate fate of the central board. At that time, a consultation was organized in the country through the provincial or local authorities on the reforms they should carry out. The results demanded guarantees against the monarch’s absolute power due to the mismanagement by Charles IV. The first meeting ended with the opening of the cortes in September 1810, and the supporters achieved their first victory for liberalism with the formation of a single chamber. In the first session, they approved the principle of national sovereignty, which acknowledged that power resides in all citizens represented by the courts. A commission of these cortes was preparing a draft constitution that would begin to be discussed in August 1812 and was finally issued on March 18 of that year, the day of San José, for which it received the popular name “Pepa.” It was a lengthy text of 384 articles containing both absolutist and liberal ideas, affected by the ongoing conflict of the War of Independence. The 1812 Constitution contains a bill of rights for citizens, stating that individuals are free in thought and opinion, that all Spanish people are equal before the law, declaring the right of private ownership, and recognizing all legitimate rights of individuals in the Spanish nation. The nation is also defined as all citizens of the peninsular territories and colonies. The structure of the state should be based on a limited monarchy and the division of powers, not on divine right as in the case of absolutism. The legislative power resided in the unicameral cortes, representing the national will and possessing powers such as making laws, approving budgets, and controlling the army. It created a much more liberal framework than could have been achieved under the war situation.
In addition to this series of rights and governance structures, the Cádiz Courts adopted a series of laws and decrees aimed at eliminating the old regime and ordering the state as a liberal entity. They proceeded to suspend the feudal courts, which became the private property of the lords. This points to a type of land reform that liquidated the feudal regime, transforming the old masters into landowners but not for farmers. They also proceeded to eliminate primogeniture to raise funds to help pay the public debt. The vote to abolish the Inquisition was passed, despite strong opposition from absolutists and the clergy, and freedom of the press was approved to allow for free commentary, at least in the religious aspect, as it was under the command of the Church and conditioned by a censorship board. Finally, trades and market unification were canceled. The first liberalism outlined the basic lines of what should be the modernization of Spain.Other articles of the Constitution raised issues of tax reform and the Treasury, the creation of a national army, conscription, and the introduction of primary education, which was public and binding. Additionally, the territory was divided into provinces, each run by provincial councils, and the formation of a council in each province was established, creating a National Military at both local and provincial levels. The Constitution also embodied the trade-offs between absolutists and liberals by establishing the Catholic confessional state, declaring that the Catholic religion was and is the only state religion, with any other being against the law.In the end, this constitution was rejected by King Fernando VII upon his return to the throne, restoring absolutism until 1820. The mandate of the deputies lasted 2 years and was held only by men; women could not participate. The executive power resided in the monarch, who led the government and took part in the development and adoption of laws. The king’s decisions had to be corroborated by the ministers, who were subjected to criminal liability. The judiciary was exclusive to the courts and established the basic principles of the rule of law: codes in civil, criminal, and commercial matters, and the tenure of judges, etc.