Spain in 1808: From Fontainebleau to the 1812 Constitution

The Treaty of Fontainebleau and its Consequences

The Political Context

Charles IV ascended the Spanish throne in 1788, inheriting a country grappling with a severe economic and social crisis. After various governments, Manuel Godoy became prime minister. In France, Napoleon Bonaparte rose to power, proclaiming himself Emperor in 1804.

Napoleon’s trade blockade against Britain aimed to cripple the British economy. To ensure its success, he needed to prevent Britain from accessing goods via Portugal’s coast. Spain was seen as the ideal entry point for an invasion of Portugal. The Treaty of Fontainebleau (October 27, 1807) allowed French troops passage through Spain to occupy Portugal.

As French troops arrived, Godoy realized Napoleon’s true intentions—the occupation of Spain. He attempted to move the royal family to Seville, intending to escape to America, with Aranjuez as the first stop.

The Aranjuez Mutiny

Discontent over the French troop presence, fueled by Ferdinand, who desired the throne, led to the Aranjuez Mutiny (March 17, 1808). The royal residence was stormed, Godoy was arrested, and Charles IV was forced to abdicate in favor of his son, Ferdinand VII.

Napoleon summoned Ferdinand VII to Bayonne, forcing him to relinquish the crown to his father, Charles IV, who then abdicated in favor of Napoleon.

The Uprising of May 2 and its Aftermath

By May 1808, Spain was in chaos. The absence of real power, coupled with the presence of French troops, created a volatile situation. A governing board, appointed by Ferdinand VII, attempted to work with Napoleon. However, a popular uprising in Madrid on May 2nd was brutally suppressed by the French army.

The events in Madrid sparked a widespread rebellion across Spain, including Aragon, Catalonia, Galicia, Castilla, and western Andalusia. This insurrection fostered a sense of national sovereignty and nationalism.

The Battle of Bailén

The May 2nd uprising marked the beginning of the Spanish War of Independence against the French. The Battle of Bailén was a pivotal moment in the war’s early stages, representing an initial triumph for the Spanish resistance. The victory at Bailén forced the withdrawal of French troops.

Las Cortes de Cádiz and the Constitution of 1812

The Assembly and its Members

Las Cortes de Cádiz convened in 1810, initially on Isla de León (San Fernando, Cádiz), later moving to Cádiz. Meeting for three years, they formed the first ordinary Cortes. Initially comprising around 100 deputies, their numbers grew to approximately 300. The deputies included priests, lawyers, judges, professors, military personnel, and some landowners and merchants. Significantly, the voting system was based on individual representation, a departure from the Old Regime.

Las Cortes de Cádiz were Spain’s first modern Cortes, mirroring the French National Constituent Assembly that emerged after the 1789 revolution.

The Work of the Cortes

The Cortes aimed to dismantle the foundations of the Old Regime and implement Enlightenment ideals. They promulgated the 1812 Constitution and passed numerous decrees.

Key Decrees of Las Cortes de Cádiz

The Cortes’ decrees included the establishment of freedom of the press (October 19, 1810) and the abolition of the Inquisition (February 22, 1811). However, both were subject to limitations. A censorship board oversaw publications on political matters.

Other decrees abolished feudal courts, ending the aristocratic monopoly on justice. A decree proposed the seizure of assets from traitors, the Inquisition, suppressed military orders, and convents, though this confiscation did not fully materialize.

Two decrees allowed for free contracts between landowners and tenants (leases) and millers, abolishing the guild system and introducing free enterprise. This impacted farmers and artisans, potentially leading to reduced lease lengths, increased rents, longer working hours, and lower wages.

The Constitution of 1812

The Constitution of Cádiz, established on March 19, 1812, created a parliamentary democracy. It guaranteed citizens’ rights, including civil liberties and property rights, independent of family or personal status.

Power was divided between the legislature (Parliament and the king) and the executive (the king, advised by a Council of State). Justice was administered by independent courts. The Cortes was unicameral, with deputies elected indirectly by universal suffrage and renewed every two years.

National sovereignty resided in the nation, with the right to establish fundamental laws. The estate system was abolished, establishing equality before the law. Municipal and provincial governments were elected. A national militia was created, and a general education plan was implemented.

Although overturned upon Ferdinand VII’s return, the work of the Cortes of Cádiz laid the groundwork for Spanish liberalism and had significant international repercussions, serving as a model for other constitutions.