The Spanish Constitution of 1812: A Primary Source Analysis
This text comprises fragments of the Spanish Constitution promulgated in Cadiz in 1812. It is a primary historical source of legal and political significance. Drafted by the deputies of the Cortes of Cadiz from 1810 to 1814, the Constitution reflects predominantly liberal ideals, as evidenced in its content. It was addressed to all Spanish citizens “of both hemispheres,” represented by elected officials. Published in March 1812 during the War of Independence, the document encapsulates the core tenets of the Constitution of Cádiz:
- National sovereignty
- Separation of powers
- Maintenance of the monarchy and the Catholic religion
- Recognition of rights and liberties
- Legal equality
These measures embody the agenda of the liberal faction within the Constituent Cortes. The historical context of the document stems from the extraordinary circumstances faced by the Members in Cadiz, who sought to dismantle the old regime and replace it with a new, liberal political-economic system.
Background to the Constitution
Discontent and distrust had gripped the Spanish populace, a sentiment exploited by Fernando VII to impeach Godoy and dethrone his parents during the Mutiny of Aranjuez. One of his initial actions was to dismiss Godoy’s supporters and establish a government board composed of his own entourage. This period marked the beginning of the War of Independence and the organization of resistance through the formation of local boards, culminating in the Junta Provincial and the Supreme Central Board.
The War of Independence and its Impact
Initially, the French army seemed invincible, but the Spanish demonstrated remarkable resilience. The emergence of guerrillas in 1808 had a dual effect on the French army:
- Undermining troop morale
- Straining resources by forcing the deployment of troops for escort duties
The war’s consequences were far-reaching, including demographic collapse, property damage, economic devastation, and international repercussions. Furthermore, the war ignited the process of Spanish American independence.
Liberal Influences and Key Principles
Liberal viewpoints predominated, as Cadiz was a haven for proponents of reform. Liberal ideas had been infiltrating Spain from France since the outbreak of the revolution, despite official censorship. The Constitution established the division of powers and declared the state a “modern hereditary monarchy.” Executive power was vested in the king, who appointed ministers theoretically accountable to the Cortes. Legislative power resided in the “Cortes with the King.” The Cortes enacted laws, which the king promulgated and sanctioned, retaining veto power. The Cortes was unicameral and elected by indirect universal suffrage of men over 25 years of age.
Judicial and Religious Aspects
Judicial power was assigned to courts, with special courts recognized for military and ecclesiastical matters. The Constitution explicitly recognized the State’s commitment to the Catholic religion. It also established a standing army under the authority of the Cortes and a national militia to strengthen the army and serve as a liberal defense corps.
State Administration
Regarding state administration, the country was divided into provinces, and the popular election of mayors was established.