Spanish Policing: From Monarchy to Revolution

Posted on Dec 5, 2024 in Law & Jurisprudence

Police Under Isabel II and the Rise of the Civil Guard

This era marks a pivotal moment in Spanish policing, witnessing the creation of key law enforcement organizations. The establishment of both a military body (the Civil Guard) and a civilian police force presented unique challenges.

  • The Civil Guard, a military force, was established, while a separate civilian police force faced obstacles in its development.
  • Municipalities formed their own forces independent of the Militia, laying the groundwork for modern local police.
  • Inspired by the Catalan Police, Duque de Ahumada, appointed Inspector General of the Army, spearheaded the creation of the Civil Guard.
  • Narvaez, upon taking power, embraced Ahumada’s reforms. Decree 13/05/1844, considered the Civil Guard’s founding document, emphasized its military nature and army-sourced leadership.
  • The French Gendarmerie clearly influenced the Civil Guard’s organization.
  • Unlike the National Militia with its deep societal roots, the Civil Guard remained separate from the community.
  • Its creation pleased Provincial Councils, relieving them of the financial burden of supporting autonomous police.
  • The Civil Guard, embodying a conservative ideology, solidified its position within the modern state.
  • Distinct from the Army, the Civil Guard operated as a highly militarized entity.
  • Under the Ministry of War’s authority, its organization, personnel, discipline, and pay were governed by the General Inspectorate, answering only to the Governor for service matters.
  • Organized into thirds, further divided into companies (one per province), each third corresponded to a Captaincy General.
  • The “Position,” the key unit of the Civil Guard at the Judicial District level, became a permanent fixture, leading to the sociological phenomenon of the “Maison Barracks.”
  • The Civil Guard experienced significant growth, expanding from 5,000 men in 1844 to 19,105 members and 2,197 posts by 1887, while surveillance and security agents remained stagnant at 4,000.
  • The Civil Police fell under the jurisdiction of the Ministry of Interior.
  • Royal Decree 26/01/1844 established the “Protection and Public Safety” force to “prevent and punish crimes endangering persons and property,” shifting away from a police model focused on political interests rather than individual safety.

Development of the Civil Police

  • Regulations established two agent classes: plainclothes District Commissioners and uniformed Keepers subordinate to the Commissioners, defining their jurisdictions and duties.
  • Plainclothes Police and Security agents, initially in Madrid and later nationwide, operated as Safeguards and, from 1852, as the Guard Corps—the more traditional name for Spain’s non-uniformed Civil Police.
  • The 1845 Constitution reinforced central government control over both civilian (Protection and Security) and military (Civil Guard) police forces, except in Catalonia, where the Autonomous Police continued until its 1866 dissolution, after which local police forces became more common.
  • The May 7, 1848 mutiny of the Spain regiment in Madrid led to a state of siege, the regiment’s dismantling (with several commanders sentenced to death but later pardoned), and the creation of the Madrid Police Headquarters.

Police in the Revolutionary Six-Year (1868-1872)

  • The Revolutionary Sexenio, following Isabel II’s overthrow (Glorious Revolution), began with repealing all prior legislation, including police laws, leaving armed forces without clear authority.
  • This led to the establishment of the Public Order Corps in late 1868, a civil and military organization under the Ministry of the Interior.
  • The final Public Order Corps regulation (01/06/1870) acknowledged the impossibility of fully reforming the existing public service and aligning it with current policing principles.
  • The police focus shifted from prevention to solely suppressing public disorder, assaults, and property attacks.
  • The crucial role of Judicial Police was neglected, highlighting the mistake of disbanding the Guard Corps.
  • Under Interior Minister Práxedes Mateo Sagasta, reforms to the Public Order Corps followed Prim’s assassination (27/12/1870), increasing forces, improving service, and distinguishing between public duties and Judicial Police functions.