Spanish War of Independence and the 1812 Constitution
The War of Independence (1808-1814)
With the start of the French Revolution, Charles IV, outside of government ministers (Floridablanca, Jovellanos…), froze the reforms of Charles III. The death of Louis XVI led Charles IV to declare war on France with the European absolute monarchies. The war against France ended in 1795 with the Peace of Basel after the defeat of Spanish troops.
The Riot of Aranjuez
In 1792, Charles IV entrusted the military to Manuel Godoy, prime minister and trusted friend of the King and Maria Luisa of Parma. Godoy was hated by the nobility and the church due to his origin and his enlightened ideas, but especially by Ferdinand, the crown prince, who saw him as a competitor. Godoy implemented internal reforms: ecclesiastical land desamortization, reduced power of the Inquisition, and the protection of artists and intellectuals. In foreign policy, he formed alliances with France and Napoleon. Spain allied with France and faced England. Spain lost its fleet at the Battle of Trafalgar. In 1807, Charles IV allowed the passage of the French through Spain to attack Portugal, England’s ally.
On March 18, 1808, in Aranjuez, a mutiny led by the nobility removed Godoy and forced Charles IV to abdicate in favor of his son Ferdinand.
Monarchy of Joseph Bonaparte
After the victory of the mutineers, Charles IV wrote to Napoleon hoping to regain his throne. Napoleon decided to invade Spain, seize the throne, and annex the country. Charles IV and Ferdinand VII were summoned by Napoleon to Bayonne, where both abdicated. Napoleon named his brother, Joseph Bonaparte, King of Spain. Joseph Bonaparte convened courts in Bayonne to announce his intentions and grant a constitution. He attempted to end the old regime by desamortizing lands of the clergy, dissociating land primogeniture, and ending the rule of the manorial system. He recognized the equality of Spaniards before the law, taxes, and access to public office. He abolished the Inquisition and began the reform of the administration.
Popular Resistance
A popular uprising against the French presence began in Spain. On May 2, Madrid rose up spontaneously. In Galicia, Andalusia, Aragon, and Castilla, people took up arms and organized defenses, first locally and then provincially. A central board was formed to coordinate action against the French. Guerrillas and sieges were used to prevent French domination. The resistance consisted of Spanish cities halting the French advance. The guerrilla was a spontaneous and popular armed resistance against the invader. The groups were organized with a leader to fight the French. Their best weapon was their knowledge of the terrain and the support of the population.
The Different Political Forces
A small part of the Spanish population were Francophiles, formed by intellectuals, officials, and some of the nobility who supported Joseph Bonaparte. They were from the enlightened despotism and were forced into exile at the end of the war. The Patriotic Front was formed by those who opposed the invasion. Within this front, there were three positions: the clergy and nobility sought a return to absolutism under Ferdinand VII; the enlightened (Floridablanca and Jovellanos) wanted the return of Ferdinand VII to reform the country; and the liberals wanted to transform the old regime into a parliamentary system (development of capitalism). Another part of the population faced the war as a movement against a foreign invader.
Courts of Cadiz and the Constitution of 1812
Formation Process of the Courts
In the summer of 1808, local boards sent representatives to form a supreme central board. The board met in Aranjuez, taking advantage of the momentary withdrawal of the French. The board recognized Ferdinand VII as the legitimate King of Spain. Before the French advance, the board moved from Seville to Cadiz, the only city still resisting the French siege. The Central Board decided to convene a court to decide on their organization. In 1810, the central board was dissolved following the call of the Cortes. The process of electing deputies to the Cortes was difficult, and substitutes were chosen from people from each of the provinces that were in Cadiz. The Cortes opened in 1810, and the liberals succeeded in forming a single chamber, opposing the estate representation. They approved the principle of national sovereignty.
The Constitution of 1812
The constitution was promulgated on March 19, 1812, St. Joseph’s Day, and is known as “La Pepa”. The constitutional text reflects the compromise between sectors of the liberal bourgeoisie and the absolutists, recognizing the rights of the Catholic religion. The constitution contains a bill of rights for citizens: freedom of the press, equality before the law, the right of petition, civil liberty, property rights, and recognition of the legitimate rights of the individuals composing the Spanish nation. The nation is the set of all citizens of both hemispheres, equal territories, and American colonies. The peninsular state structure is based on the separation of powers. The legislative power is held by the Cortes, which can make laws, approve taxes, and international treaties. The mandate of the deputies was set at two years, and they could not be arrested or tried. The electoral system was universal male suffrage and indirect. The monarch is the head of the executive, has accepted the government, and is involved in the drafting of laws through the initiative and the sanction. The Cortes may intervene in the succession to the throne.
The administration of justice is a matter for the courts.
The Work of Cadiz. The First Spanish Liberalism
The Constitution of 1812 is an example of a liberal constitution based on the principles of the French and US constitutions. It accepted the principle of universal suffrage and established a broad guarantee of rights. It was established in a country at war, and legislators showed commendable historical optimism. The Constitution of Cadiz was an example for many other European and American constitutions in the years after and inspired Spanish constitutionalism in the 19th century. It decreed the abolition of the estates, the freedom of labor, the annulment of the unions, the abolition of the Inquisition, and the onset of secularization and agrarian reform. The courts had no great practical impact on the life of the country. The return of Ferdinand VII frustrated the liberal experience and led to the return of absolutism. The constitution was in force from 1812-1814, 1820-1823, and 1836.