Treaty of Bergara and the 1876 Constitution: Spain’s Path

Posted on Mar 4, 2025 in History

The Convention of Bergara (1839)

Analysis of a Primary Historical Document

  • Title: Convention of Bergara
  • Type of Text: Historical-Political
  • Author: General Espartero Maroto, Carlist General
  • Intended Audience: The Spanish People
  • Published: September 5, 1839, Official Gazette of Pamplona
  • Source: Primary
  • Context: Regency of Maria Christina, specifically the end of the First Carlist War, marking the peace agreement between Liberals and Carlists.

Main and Secondary Ideas

The primary purpose of the text is to publicize the end of the First Carlist War and the peace agreement between the Liberals and Carlists. Secondary ideas include the conditions and characteristics of that peace.

Historical Explanation

After Ferdinand VII’s death, his wife, Maria Christina, became regent. Ferdinand VII had abolished the Salic Law, which prevented women from reigning, through the Pragmatic Sanction, thus establishing Isabella II as heir to the throne. This excluded his brother, Carlos María Isidro, from succession. Two factions emerged, representing different ideologies: the Isabelline (Liberals) and the Carlists (Absolutists). This conflict ignited the First Carlist War.

During the war and Maria Christina’s regency, numerous significant events occurred, most notably the siege of Bilbao, where the Carlist General Zumalakarregi was killed. Facing military and economic exhaustion, both sides sought a resolution. General Espartero, representing the Liberals, and Carlist General Maroto signed the Convention of Bergara to establish peace.

Maroto proposed three conditions, of which two were accepted: the maintenance of regional privileges (fueros), provided they did not contradict the Constitution of 1837, and the integration of Carlist officers into the national army, as long as they swore allegiance to the Constitution of 1837 and Isabella II. This agreement brought about peace.

Importance of the Text

This agreement facilitated the surrender of Carlist forces and the end of the First Carlist War. Although the Carlist Wars would continue, the agreement paved the way for subsequent legislation, such as the *Paccionada* Law and the Law of October 29, 1841.

Fragment of the 1876 Constitution

  • Title: Fragment of the 1876 Constitution
  • Text Type: Historical-Legal
  • Author: The Cortes (Parliament) of the Kingdom
  • Addressed to: Alfonso XII and, in his absence, the people
  • Publication: June 30, 1876, in Madrid
  • Source: Primary
  • Context: The second half of the 19th century, during the period of the Restoration of the monarchy in Spain under the rule of Alfonso XII.

Main and Secondary Ideas

The main idea of the text is the promulgation of a new constitution: the Constitution of 1876. Secondary ideas include:

  • Confirmation of Catholicism as the state religion, while tolerating other religions, but not their public displays.
  • Establishment of individual rights regarding opinion, assembly, and association without prior censorship.
  • A division of powers, with legislative power residing in the Cortes and executive power in the King.
  • Establishment of a bicameral legislature composed of a Congress and a Senate.
  • Recognition of a constitutional monarchy under Alfonso XII.
  • Approval of a single legal code for the entire nation, which would later lead to the abolition of regional privileges (fueros).

Historical Explanation

Following the fall of Isabella II’s regime due to the “Glorious” Revolution and the abdication of Amadeo of Savoy (1873), the First Republic was established. The Cortes convened to draft a new constitution. However, increasing lawlessness led to a military uprising in Sagunto in favor of Alfonso XII, son of Isabella II. General Pavia staged a coup, seizing Congress (leading to Serrano’s rise to power), and General Martinez Campos proclaimed Alfonso XII King.

Alfonso XII issued the Sandhurst Manifesto, declaring himself “Spanish, Catholic, Liberal, and the rightful heir to the throne.” He assumed power, and the government was headed by Canovas del Castillo. The subsequent period focused on the Restoration, based on a parliamentary monarchy under Alfonso XII and the 1876 Constitution, a moderate liberal constitution favored by the Conservatives.

Importance of the Text

The 1876 Constitution was one of the cornerstones of the Restoration political system. It paved the way for the removal of Basque privileges. This constitution remained in force until 1931 and established a shared sovereignty.