The Spanish Constitution of 1812: A Landmark of Early Liberalism
Abstract
The first Spanish liberalism emerged during the crisis of the Spanish monarchy and the French intervention in Spanish affairs. In May 1808, Charles IV and Ferdinand VII left Spain to meet with Napoleon, who decided to pass the crown to his brother Joseph I. This led to a power vacuum and the uprising of May 2nd, marking the start of the first military operations.
The Rise of the Boards and the Central Junta
Faced with the passivity of the authorities, Juntas (governing councils) emerged as a form of political organization, primarily to lead the war effort. These 18 Juntas, with varying territorial jurisdictions, arose spontaneously, representing a revolutionary phenomenon. While the idea of political change was not widespread within the Juntas, they appointed leaders and, in some cases, like Asturias and Valencia, exercised disruptive positions, asserting the sovereignty of the people.
The Juntas decided to create a Central Junta, which met in Aranjuez on September 24, 1808. Due to the war’s uncertainties, it eventually fled to Seville and then Cadiz, leaving the government to a Regency. The Central Junta’s role as a revolutionary power was not entirely clear, with diverse political options emerging.
The Cortes of Cadiz and the Constitution of 1812
The Central Junta’s most decisive action was convening the Cortes (parliament), leaving the model of representation—traditional estates or a “chosen people”—undecided. The Cortes would determine its organization and destiny. Elections were called using an indirect, three-level system, resulting in 208 members. Representatives from provincial committees and cities also participated, along with a small number of Spanish Americans. Eventually, the Cortes grew to about 300 members, with roughly one-third being clergymen, a significant percentage of officials and lawyers, and a distinct minority of commercial bourgeoisie. Politically, the Cortes was divided between liberals and “serviles” (supporters of the old regime).
The inaugural session took place on September 24, 1810. President Muñoz Torrero’s speech emphasized national sovereignty and the separation of powers, based on natural law. These principles became the Cortes’ first decree. Debates ensued, particularly regarding press freedom, which was eventually recognized alongside freedom of thought. The Cortes advocated for a meritocratic society, challenging the existing stratified system. Prominent liberal figures included Argüelles, García Herrero, and Manuel José Quintana.
Key Reforms and the Legacy of the Constitution
Fundamental changes introduced by the Cortes included:
- Abolition of the manorial system: While not abolishing manorial courts entirely, it nationalized political power by ending serfdom and personal services owed to jurisdictional lords. It also suppressed the lords’ rights to appoint judges and impose heavy taxes.
- Disentailment: This process, which had begun under Charles IV, involved transferring Crown properties, suppressed convents, and public lands to private ownership, and loosening restrictions on entailed estates.
- Abolition of guilds and establishment of freedom of work: This measure aimed to dismantle the traditional guild system and promote a free labor market. Internal customs were also abolished, and tax equality among provinces was introduced, laying the groundwork for a national market.
- Elimination of the Inquisition: This sparked numerous debates within and outside the Cortes, particularly with the ecclesiastical sector.
The most significant achievement was the Constitution of 1812, drafted by a committee. The text reflects compromises, acknowledging the confessional nature of the state while recognizing citizens’ rights and the principle of national sovereignty. It established the separation of powers, the right of representation (with each deputy elected by 70,000 people), and limited the King’s authority.
The Constitution granted the King executive power, the right to propose laws, and a two-year veto, but restricted the expansion of his powers. The Cortes held extensive legislative powers, including making laws and ratifying international treaties. Its members, elected for two-year terms, were inviolable. The judiciary was independent, with the King prohibited from interfering.
While not explicitly declaring individual rights, the Constitution reflected them in various articles, including freedom of the press, inviolability of domicile, and individual property. It also regulated the functions of ministers, established provincial administration under centralized state leadership, created a National Militia with compulsory military service, and made provisions for public education.
The Constitution’s validity was short-lived, suppressed in 1814, restored during the Trienio Liberal (1820-1823), and briefly reinstated from August 1836 to June 1837. However, it remained a powerful symbol and a testament to early Spanish liberalism, inspiring future constitutional developments.