The Cortes of Cádiz and the 1812 Constitution: A Turning Point in Spanish History
The Cortes of Cádiz and the Constitution of 1812
In 1808, Spain was invaded by France, resulting in the War of Independence, which lasted until 1813, when the Treaty of Valençay was signed. In this context, Napoleon Bonaparte’s Bayonne abdication of the Spanish monarchy, and an imperial decree, appointed his brother Joseph I as King of Spain and the Indies, a decision that would not be accepted by the Spanish people.
The Cortes of Cádiz
Provincial Boards emerged to govern the resistance against the French. The Boards of Seville and Granada, with General Castaños, achieved the victory of Bailén. In Aranjuez, the Central Board was established, the result of the unification of the provinces. This government, with a reformist sign, moved to Seville, but the invasion of Andalusia by the French forced the Junta to retreat to Cádiz. There it was dissolved and gave way to a Regency Council, which provided for the meeting of Parliament in a single chamber, not estates. Given the difficulty of having members from all over the country, Cádiz appointed alternates. As this area was reformist, this sign won on the camera. On September 24, 1810, the first session was held in San Fernando, from where they moved to Cádiz. Among the members, three groups were distinguished:
- Absolutists: Defended the absolute sovereignty of divine origin and believed popular participation should be advisory only. They were supported by the privileged classes and, paradoxically, some sectors of the people.
- Reformists: Supporters of reforms of an illustrated character.
- Liberals: Defended a profound transformation of the Old Regime in political, economic, and social conditions, advocating for rights such as freedom, equality, and property. They were supported by the bourgeoisie, the clergy, and the middle liberal professions.
The ideological dominance of liberals led to a disconnect between the courts and the rest of the country. Soon after, a National Assembly was convened.
The Constitution of 1812
The work of the Constituent Cortes of Cádiz culminated in the approval on March 19, 1812, of the Constitution, inspired by the first French constitution. It did not recognize the abdication of Bayonne and was very extensive: 10 titles and 384 articles. This was because the courts were concerned that subsequent legislation would reverse it, so they included many articles and required eight years of life to be changed. It did not reflect the reality of Spain, which was not a liberal country. This Constitution is comparable to the U.S. Constitution of 1787 or the aforementioned French Constitution of 1791. Main points:
- Recognition of national sovereignty.
- Attempt at equality between the Peninsula and the U.S. territories.
- Constitutional Monarchy.
- Division of powers: unicameral Parliament elected by indirect universal male suffrage (the commissioners voted on who they elected as Members) and for those over 25 years old. They assumed the legislature. The monarch had the executive power, led the Government, could suspend the entry into force of laws, and their actions could and should be restrained by ministers. The judicial power resided in the courts, which enjoyed independence.
- Recognition of ecclesiastical and military courts.
- Approval of a broad statement of rights and freedoms and equality before the law, due process, freedom of the press, and the right to education.
- Religious denominational, considering the Catholic religion as the only true one and prohibiting others.
The force of this Constitution was as follows: between 1812 and 1814, during the War of Independence; from 1820 to 1823, the Liberal Triennium; and between 1836 and 1837, during the regency of María Cristina de Borbón.
Other Legislation
In addition to the approval of the 1812 Constitution, the Courts carried out a series of legislative measures, which were:
- Political: The disappearance of the Departments of State, the establishment of ministries, and a new administrative division of Spain.
- Religious: The abolition of the Inquisition.
- Social: Freedom of work, abolition of the guilds, privileges, and jurisdictional domains, elimination of torture, promotion of agriculture and livestock.
- Economic: Aimed at the seizure and sale of property of the Jesuits, the military orders of the Inquisition, and land of the Crown to pay off the large deficit in the Public Debt.
The legislative work of the Cortes of Cádiz had little effect because, following the Treaty of Valençay, Fernando VII returned to Spain and abolished it, restoring absolutism by the Decree of Valencia. However, its impact would be great, because some rules made it impossible to return to the Old Regime. Furthermore, the Constitution of 1812 would be a symbol of liberalism and the model for many European and all Hispanic American constitutions.