The Cortes of Cádiz and the Spanish Constitution of 1812
The Cortes of Cádiz (1810-1814)
Members of the Parliament belonged to three different ideologies:
- Left-wing: Liberals and supporters of radical changes, they aimed to limit the King’s sovereignty. This group, led by figures like Agustin Argüelles, managed to impose their views to a significant extent.
- Centre: Represented by figures like Jovellanos, this group advocated for a compromise between the monarchy and the nation through a system of estates-general. This approach would ultimately influence the development of the Spanish constitution in the 19th century.
- Right-wing: The absolutists opposed reforms and supported the traditional system where the king’s sovereignty was derived from God. This theory was supported by Ferdinand VII upon his return from exile and later by the Carlists throughout the 19th century.
Reforms of the Cortes of Cádiz
The Cortes of Cádiz approved a series of measures to dismantle most of the political, social, and economic aspects of the Ancien Régime.
Political Reforms
The most important political reform was the adoption of the Constitution in March 1812. It was the first basic law approved by a national parliament in the history of Spain and was inspired by the Constitution of the French Revolution of 1789.
The principles of this constitution were:
- National sovereignty resided in the nation, including the inhabitants of the colonies.
- Division of powers, the legislature unicameral resided in Parliament, executive power in the king and the judiciary in court. It established a parliamentary monarchy, ie the Government on the king was responsible before the law and to the Parliament or Cortes. The king’s power was very limited and there was a vast superiority in the legislature.
- Recognition of individual rights, there was a declaration of individual rights but included rights such as freedom, property, tax and legal equality, the inviolability of the home, criminal guarantees, freedom of the press …
- Official state religion, Catholicism was the official religion and prohibits the exercise of any other.
- New electoral system, broad male suffrage and indirect general, ie only the servants could not vote, the homeless and women and the people elected their own representatives.
- Democratization of municipal life, municipal corporations annual renew mind and mayors, aldermen, etc., are elected by general masc. and indirect. It also created the National Military, civilian armed corps, independent of the army, defending the nation and the Constitution.
Las Cortes de Cádiz adopted a series of social and economic measures:
- Abolition of the seigneurial regime, abolition of feudal rights, ie the dependence of the peasant people with Mr and judicial domains. Territorial domains were maintained and former feudal lords became landowners. Land ownership barely changed.
- A new confiscation was implemented in 1813, there were a series of social and economic measures affecting institutions and privileges of the Ant System. Measures were imposed on the property affected, dead hands applied to the properties of the Francophile, the military orders to convents and monasteries destroyed by the war of independence and some municipal land. All this property was auctioned.
- Other measures included the abolition of the Inquisition, and internal customs unions.
These reforms were implemented just because of the War of Independence and when Ferdinand VII returned to the abolished throne of liberal reforms, the revolutionary principles of the Cortes of Cadiz and the Constitution of 1812 and restores absolute monarchy.
Restoration (1814-1820) begins with the return of Ferdinand VII of France, which was acclaimed by the people in several Spanish cities as a symbol of peace, normalcy and legitimacy restored after the war. When it reaches the port of Valencia in April received the Manifesto of the Persians, where high-ranking army officers, the Church and conservative politicians call override the Constitution and dissolve the Cortes, meeting then in Madrid.
To stop all reforms approved by the Cortes gave a coup on May 4, 1814 and issued a decree that annulled. After that, the liberals were persecuted and many fled into exile.
Finally came into Madrid hailed by their subjects and began to restore the institutions of 1808: councils were restored and the Inquisition, jurisdiction and privileges stately and suspended the confiscation of 1813.
However, the restoration of absolute monarchy would soon face a number of intractable problems:
- Instability in government since the ministers were relieved continuously, especially the Treasury, due to the influence of the clique (group of people who enjoyed the confidence of the monarch) and the inability to govern with a political system that was obsolete.
- The crisis of the State Treasury. This crisis was already present previously but was aggravated by the war of independence. These economic shocks joined the emancipation of the American territories, which deprived of basic income, difficult trade relations, industry development and deployment of troops to the colonies. Moreover, it was impossible to get more revenue through taxes without affecting the economic and social privileges of different groups. Martín de Garay, finance minister, tried a new system with new confiscations, but were unsuccessful.
- Opposition to liberalism. As these had to resort to armed rebellion and conspiracy to express themselves. The plot was funneled through secret societies like the Masons (secret society which sought to gain freedom and universal brotherhood), and the military rebellion was expressed in statements, the one that won was the one given by the officer Rafael Irrigation January 1820 rose up with his troops stationed in Las Cabezas de San Juan (Sevilla) to sail to America to fight in the colonies wanted independence and proclaiming the validity of the Constitution of 1812, which responded by restoring Ferdinand VII.