Cortes de Cádiz: The 1812 Constitution and Liberal Revolution
1. Origins of the Cortes of Cádiz
Popular uprisings against the French led to the removal of existing authorities and the creation of numerous local boards, controlled by social elites. These elites included the nobility, clergy, intellectuals, and bourgeoisie. Local boards assumed power in major cities, leading to the formation of provincial boards and a Central Junta. This Junta coordinated war efforts and served as the de facto government of Spain outside French control. The creation of this new power structure, independent of the old regime’s legitimate authorities, represented a real revolution.
Enlightened groups controlling the boards advocated for convening the Cortes to address the king’s detention in France and implement necessary reforms.
2. The Debate on Legitimacy
Two ideological positions emerged: absolutists and liberals. They debated the Central Junta’s legitimacy and the Cortes’ convocation:
a) Absolutists
Primarily nobility and clergy, absolutists believed the Central Junta could only act on behalf of Ferdinand VII, the sole sovereign. They argued that any convened Cortes should follow traditional methods (by estates), temporarily replacing Ferdinand. Such a Cortes could not enact reforms or change laws; only Ferdinand VII possessed that authority.
b) Liberals
Comprising members of the bourgeoisie and nobility, liberals considered the boards to be formed by popular initiative. Therefore, the Central Junta legitimately represented national sovereignty and acted on behalf of the nation. They advocated for a unicameral Cortes representing the nation, empowered to modify and amend the Old Regime’s laws.
3. The Regency and the Cortes’ Convocation
By 1810, pressure led to the Central Junta’s replacement by a Regency acting in Ferdinand VII’s stead. Before this replacement, the Central Junta announced the Cortes in Cádiz. This Cortes followed the liberal design: a single chamber representing the nation, with members elected by the Regency itself. Attempts to delay the Cortes proved unsuccessful.
4. Characteristics of the Cortes of Cádiz
Representation
The Cortes represented the entire nation without distinction; each deputy held one vote.
Suffrage
Members were elected by indirect, almost universal male suffrage (men over 25 with fixed residence). A substitution system was created for members from various territories.
Spanish America
The Cortes included representation from Spanish America, considered not a colony but part of Spain.
Lack of Representation
Despite a significant number of clergy (almost a third of deputies), the largest group comprised officials and lawyers. This lack of broad representation allowed liberal groups, with limited national roots, to dominate the Cortes and initiate the bourgeois liberal revolution.
5. Decrees of the Cortes of Cádiz
The Cortes’ first declaration was a revolutionary act, affirming their role as repositories of national sovereignty. Numerous decrees were passed, each with distinct objectives:
Economic Freedom
- Abolition of feudal jurisdictional domains and related peasant taxes.
- Abolition of land-linking systems, including inheritance.
- Establishment of freedom of industry and commerce, eliminating guilds and trade monopolies.
- Confiscation of convent property to address the national debt.
Legal Equality
- Abolition of estate privileges.
- Abolition of territorial privileges (e.g., Basque and Navarrese fueros).
- Taxation based on wealth.
Political Freedoms
- Abolition of the Inquisition.
- Establishment of freedom of the press.
6. The Constitution of 1812
Promulgated on March 19, 1812 (La Pepa), this Constitution is considered Spain’s first. Key features include:
Sovereignty
Established the principle of national sovereignty, although in practice, sovereignty was shared between the Cortes and the King.
Individual Rights
Guaranteed individual rights and freedoms (freedom of the press, inviolability of domicile, habeas corpus, etc.).
Religion
Established Catholicism as the official religion.
Cortes
A unicameral Cortes, central to the political system, represented the nation. Elected by indirect universal male suffrage (men over 25 chose electors, who chose further electors until the Cortes members were selected).
Powers of the Cortes
The Cortes held significant legislative power, shared with the king, and approved the budget. They met annually, and the king could not prevent this.
Royal Power
The King retained considerable power: executive power, shared legislative power, and veto power (for two years after a law’s passage, he could deny sanction).
Justice
Justice was established as an independent power, under the courts.
7. The Return of Ferdinand VII
Napoleon signed the Treaty of Valençay, recognizing Ferdinand VII as King of Spain. The Cortes moved to Madrid to await the king and swear him to the Constitution. Absolutists anticipated a return to the ancien régime. Two factors hindered the liberal regime’s continuation:
Limited Popular Support
Liberalism had weak roots among the masses; illiterate peasant groups associated the war against the French with defending their legitimate rights and the Catholic king.
Ferdinand VII’s Stance
Ferdinand VII’s conservative stance (known since his time as Prince of Asturias) and the popular euphoria surrounding his return led him to avoid swearing to the Constitution.