The Spanish Constitution of 1837
Property and Privileged Groups
Following the War of Independence, Ferdinand VII returned to power in Spain and repealed the Constitution of 1812, reinstating absolutism. This period (1814-1820) saw significant opposition to the king’s absolutism, eventually leading to his acceptance of the Constitution in 1820. This marked the beginning of the Trienio Liberal (1820-1823). However, this period was short-lived, as Ferdinand VII sought assistance from the Holy Alliance, resulting in the Constitution being repealed once again and a decade of absolutism (1823-1833).
The Death of Ferdinand VII and the Rise of Liberalism
Upon Ferdinand VII’s death in 1833, liberalism reemerged in Spain. The 1837 Constitution was drafted by the Spanish Cortes (Parliament) with the aim of transitioning from an absolutist monarchy to a parliamentary liberal monarchy. The Constitution was intended for all citizens, including King Ferdinand VII’s successor, his daughter Isabel II. However, as Isabel was a minor, her mother, Maria Cristina, served as regent. This led to the First Carlist War, as absolutists, supporting Carlos Maria Isidro as king, opposed Maria Cristina’s regency.
Analysis of the 1837 Constitution
The 1837 Constitution was signed by Maria Cristina on behalf of her daughter, Isabel. It was a compromise between progressive and moderate liberals, with the latter having greater influence. The principle of national sovereignty was mentioned in the introduction but not in the articles themselves, reflecting the desire for consensus.
Key Articles
- Article 2: Established freedom of the press, but with the caveat that juries would handle press-related offenses.
- Article 7: Guaranteed individual rights and freedoms, including protection against arbitrary imprisonment (Habeas Corpus) and the inviolability of the home.
- Article 4: Upheld legal equality by abolishing privileges based on social status.
- Article 11: Declared Catholicism as the official religion of Spain but did not explicitly address freedom of religion.
- Article 12: Established the principle of separation of powers, with the King sharing legislative power with the Cortes.
- Article 13: Established a bicameral parliament, with a Senate (upper house) and a Congress (lower house).
- Article 70: Granted citizens the right to elect municipal corporations through census suffrage, promoting political decentralization.
- Article 77: Established a national army under the control of municipalities, potentially empowering local uprisings.
The First Carlist War and the Role of the Crown
The First Carlist War (1833-1839) was fought between supporters of Carlos Maria Isidro (Carlists) and supporters of Isabel II (Liberals). The Carlists were primarily absolutists, while the Liberals favored a constitutional monarchy. The war was centered in the Basque Country and Navarre but also spread to other regions. Maria Cristina sought support from the Liberals, leading to the creation of the Royal Statute in 1834, which aimed to bridge the gap between the Old Regime and a more liberal system. However, the Statute faced opposition from both sides and failed to resolve the underlying tensions.
The 1836 Uprising and the Proclamation of the Constitution
In 1836, amidst the ongoing Carlist War and a deteriorating financial situation, several regional revolts took place, including the La Granja Pronunciamiento. This uprising forced the regent to restore the 1812 Constitution and call for a Constituent Cortes to draft a new one. The 1837 Constitution was ultimately a compromise between moderate and progressive Liberals, reflecting the complex political landscape of the time.
Conclusion
The 1837 Constitution was a moderate document that granted significant power to the King while also establishing a framework for a constitutional monarchy. It included provisions for individual rights and freedoms, but these were limited in some cases. The relationship between church and state remained ambiguous, and the electoral system was based on census suffrage, excluding a large portion of the population. The Constitution was eventually repealed in 1845, highlighting the ongoing struggle between liberalism and absolutism in Spain during this period.
The Aftermath of the Carlist War
The First Carlist War ended in 1839 with the Convention of Vergara, an agreement between the Carlist general Rafael Maroto and the Liberal general Baldomero Espartero. This agreement recognized Isabel II as Queen and granted concessions to the Basques in exchange for their support. However, political instability continued, and Maria Cristina was forced to abdicate in 1840. Espartero became regent but was overthrown in 1843. The moderate Liberals then came to power and repealed the 1837 Constitution in 1845, paving the way for Isabel II’s reign as Queen.