Spain’s 1837 Constitution: From Absolutism to Liberalism
Spain’s Transition from Absolutism to Liberalism
The Constitution of 1837 and the Mendizabal Confiscation
Upon Fernando VII’s death in 1833, his daughter Isabel inherited the throne. Due to her young age, Maria Cristina served as regent from 1833 to 1840. Cea Bermúdez’s moderate absolutist government initiated administrative reforms, notably Javier de Burgos’ division of Spain into provinces. Maria Cristina also enacted a Royal Charter, establishing a bicameral system with a Senate appointed by the crown and a Parliament elected by a limited voting base.
Following the Carlist War and growing discontent, popular demands for a liberal regime led to a revolutionary movement. Local and provincial uprisings rejected existing authorities, demanding court assembly, secularization of religious orders, press freedom, and a new electoral law. Convents were burned, and some monks were killed. Maria Cristina responded by appointing the progressive Mendizábal.
Political Tension and the Mutiny of La Granja
Strong political tension between moderates and progressives led to Mendizábal’s resignation, sparking further uprisings supported by the National Guard. This culminated in the Mutiny of La Granja. Mendizábal was reinstated, and democratic municipal elections were held, followed by elections for a Constituent Assembly. This assembly produced the 1837 Constitution, which proclaimed popular sovereignty while granting the Crown powers to sanction laws, convene and dissolve Parliament, and appoint ministers. It also provided for freedom of expression.
The 1837 Constitution established a bicameral system with a Senate partially appointed by the Crown and a Congress elected through census suffrage. The primary function of the courts was to legislate and approve taxes.
The Mendizabal Confiscation and its Consequences
The Mendizabal Confiscation, a key measure of the new liberal regime, aimed to consolidate the regime, secure resources for the Carlist War, and increase treasury revenue. This involved expropriating Church property, dismantling its economic and social power, and creating a new class of landowners tied to the liberal state. This measure aimed to dismantle old regime ownership structures and meet the demands of revolutionary groups.
The confiscation aimed to integrate land into the market economy, allowing for buying, selling, and distribution. Land reforms were proposed, including reforestation, land allocation to poorer citizens, rent control, and tenant protection. Earlier confiscations had occurred in 1798 under Godoy and in 1836, targeting Church assets to fund the Carlist War. In 1837, secular clergy assets and tithes were also seized. Primogeniture was abolished, and noble estates were dismantled in 1837, along with feudal dues and obligations.
The Constitution of 1812 legalized illegal farms. Madoz later confiscated municipal assets to fund railway development.
The confiscation resulted in a compromise between the new bourgeoisie and the old aristocracy. The Church viewed it as a robbery, losing its tithe income and becoming dependent on the state. The secularization led to the loss of many monks, nuns, and works of art. Religious practice declined. Socialists criticized the impact on peasants who lost land access. Few farmers could purchase land, and municipal land use was restricted. Cultivated land and landlordism increased, leading to deforestation. The Liberals won the Carlist War and secured bourgeois support. The nobility retained their property, but the end of primogeniture led to the division of many fortunes.
Ultimately, the moderates won elections and criticized the constitution, seeking to limit freedom of expression and voting rights, and to centralize municipal authority. Espartero’s subsequent actions led to the defeat of the Carlists.