The Cortes of Cádiz and the 1812 Constitution: A Foundation of Spanish Liberalism
The Cortes of Cádiz and the Constitution of 1812
In the midst of the War of Independence, the Cortes of Cádiz met and began their work towards the bourgeois liberal revolution in Spain, taking advantage of the power vacuum. They set out to create a legal framework that would move from a liberal estate society and end the Old Regime.
Political Trends in the Cortes of Cádiz
The deputies were summoned to the Cortes in Cádiz by the Council of Regency, to whom the Supreme Central Junta, feeling incapable of leading the war, transferred her powers in early 1810. Many provinces occupied by the French were unable to send representatives, and alternates were sought in Cádiz. The liberal atmosphere of the city led to the majority of members belonging to the liberal middle class—lawyers, officials, merchants, soldiers, scholars—though there were many church members (almost one third) and some nobles. There were no representatives of the popular classes. Members of the patriots were grouped into two trends:
- Absolutists or “serviles,” defending the real sovereignty and the return to the Ancien Régime.
- Liberals, most of them supporters of national sovereignty, they wanted to adopt a constitution, following the example of the French Constitution of 1791. Notable members included Torrero Muñoz, Argüelles, and Quintana.
The 184 deputies representing all Spanish regions gathered at the Isle of León on September 24, 1810, in a Constituent Assembly, instead of the traditional estates Cortes.
The Constitution of 1812
The first Spanish Constitution was promulgated on March 19, 1812, St. Joseph’s Day, hence it was known as “La Pepa.” The Constitution, or fundamental law, is very long, consisting of a preliminary discourse and 384 articles, which establish the form of state, government, and the rights and duties of the Spanish. The idea of the “Spanish nation” appears, defined as the set of all citizens, without distinction between the Spanish of the two hemispheres. The unitary nation declared itself free and independent. The form of state would be a monarchy—in the person of Fernando VII—but parliamentary or constitutional. Its fundamental principles are:
- “National sovereignty,” the power resides in the people through their representatives in parliament.
- Fundamental rights of the individual: freedom of speech and press, equality before the law, and the right to property. These rights are considered “legitimate” and “natural.”
- Division of powers: Legislative power resides in the Cortes, unicameral, with wide powers. The King cannot suspend or dissolve them but can sanction and promulgate the laws and retains the right to a temporary suspension veto. The executive power is the King, whose person is sacred and inviolable but is subject to certain limits. He is not responsible, but his ministers are. The judicial power is vested in the courts and establishes the basic principles of the rule of law, with guarantees.
- Indirect universal male suffrage. The Spanish are citizens with rights. Members are elected for two years. Any Spanish man older than 25 years can be a member, but it is required to have an annual income from owned property (census-based suffrage).
- Confessional state: the official and only religion is Catholic, Apostolic, and Roman. This implies a concession to the absolutists by liberals.
- Equality before the law: all persons shall have access to public office if their capacity is adequate. Personal talent is valued and not birth or title, contrary to the privileges of estate society. Taxes must be paid in proportion to wealth.
- Creation of the National Militia, an armed body of volunteers to defend the Constitution.
- Right of the Spanish to public and compulsory primary education.
With other socio-economic decrees (abolition of the Mesta, the Inquisition, the unions, feudal courts, entail, and confiscation of lands), the Cádiz liberals wanted reforms to settle the economic and legal foundations of the Old Regime and establish a new liberal order in Spain.
Importance of the Constitution of 1812
The Constitution of Cádiz is fundamental in the history of Spain. This is the first—the Constitution of Bayonne, 1808, is a Letter Issued. It is inspired by the French Constitution of 1791 but is more advanced and progressive, accepting universal suffrage and a broad guarantee of rights. The War of Independence did not allow the implementation of what was legislated by the courts. Moreover, most of Spanish society was left out: they were peasants, absolutist, strongly influenced by the clergy and nobility. Fernando VII annulled the constitution and the work of the Cortes of Cádiz in March 1814. However, La Pepa was a key reference for subsequent liberalism. Its influence was decisive in other constitutions in South America and Europe (Italy and Portugal).