The Dawn of Spanish Liberalism
An in-depth exploration of 'La Pepa,' Spain's foundational liberal charter, its global impact, and enduring legacy.
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Overview
Spain's First Constitution
The Political Constitution of the Spanish Monarchy, commonly known as the Constitution of Cádiz or affectionately as La Pepa (due to its ratification on Saint Joseph's Day), stands as Spain's inaugural constitution and a pioneering codified constitution globally.[1][2] Ratified on March 19, 1812, by the Cortes of Cádiz, this document represented a monumental shift, bringing together delegates from across the Spanish Empire, including Spanish America and the Philippines.[3] It laid the groundwork for Spanish and Spanish American liberalism in the early 19th century.
A Beacon of Liberalism
Despite declaring Roman Catholicism as the sole official religion, the Constitution of Cádiz was remarkably liberal for its era. It championed national sovereignty, a clear separation of powers, freedom of the press, and free enterprise.[4] It abolished corporate privileges (fueros) and established a constitutional monarchy operating within a parliamentary system. Notably, it introduced universal male suffrage, albeit through a complex indirect electoral system, and extended political representation rights to overseas territories, addressing long-standing demands from Spanish-born residents there.[4]
Cycles of Repeal and Restoration
The Constitution's journey was tumultuous. Upon King Ferdinand VII's return in 1814, he dissolved the Cortes and abrogated the Constitution, reinstating absolute monarchy.[5] However, its principles were too potent to be suppressed entirely. It was reinstated during the Trienio Liberal (1820–1823) and again in 1836–1837, serving as a temporary framework until the Constitution of 1837 was prepared.[5] Its influence as a model for subsequent constitutions in Spain and Spanish America is undeniable.[5]
Napoleonic Influence
The Abdication Crisis
Prior to 1808, Ferdinand VII ruled Spain as an absolute monarch. The Napoleonic invasion dramatically altered this political landscape. Napoleon orchestrated the abdication of both Ferdinand VII and his father, Charles IV, subsequently placing his brother, Joseph Bonaparte, on the Spanish throne.[7] This act plunged Spain into a profound crisis of legitimacy, as many Spaniards refused to recognize Joseph I as their rightful sovereign.
The Bayonne Constitution
To legitimize Joseph I's rule, Napoleon convened a Cortes, whose delegates he personally selected, to approve the French-style Bayonne Constitution.[7] This constitution proposed a Cortes with 172 members, including 62 from Spanish America, and a Council of State with a section dedicated to "The Indies" (Spanish America and the Philippines), to be controlled by American-born and Philippine-born Spaniards.[7] Despite these overtures, the Bayonne Constitution was widely rejected across the Spanish Empire, igniting a process that ultimately led to the collapse of the empire by forcing issues of colonial autonomy and representation.[8]
The Cortes of Cádiz
A Government in Siege
In response to the Napoleonic occupation and the crisis of legitimacy, Spaniards in both the peninsula and overseas territories formed local juntas. A Supreme Central Junta was established to coordinate these efforts and, crucially, called for a new Cortes to convene with representatives from all Spanish provinces, including those in the Americas and the Philippines.[9] This body sought to establish a legitimate government in the absence of the imprisoned Ferdinand VII. Retreating from advancing French forces and a yellow fever outbreak, the Supreme Central Junta eventually settled in Cádiz, a fortified port city, where it dissolved and left a regency to oversee the convening of the Cortes.[9]
Liberal Ideals Prevail
The Cortes of Cádiz, meeting under French siege, comprised delegates who were significantly more liberal than the broader Spanish elite. With King Ferdinand VII effectively a prisoner in France, conservative voices were underrepresented. The majority of deputies were liberals, supported by the British who protected Cádiz.[9] They advocated for equality before the law, a centralized government, a modern civil service, tax reform, the replacement of feudal privileges with freedom of contract, and property rights.[9] The Cortes swiftly ratified three foundational principles: national sovereignty, Ferdinand VII's legitimacy as king, and the inviolability of deputies. This marked the initial steps of a political revolution, moving Spain away from centuries of absolute monarchy. The new Constitution substantially curtailed the power of the Crown and the Catholic Church, though Catholicism remained the state religion.[9]
Constitutional Structure
Preventing Arbitrary Rule
The primary objective of the 1812 Constitution was to prevent arbitrary and corrupt royal rule. To achieve this, it established a limited monarchy, where the monarch governed through ministers accountable to parliamentary oversight. It meticulously delineated the structure of the three branches of government: executive, legislative, and judicial.
Suffrage and Administration
The Constitution introduced male suffrage not based on property qualifications, which significantly bolstered the influence of the commercial class in the new parliament by not granting special provisions for the Church or nobility. The abolition of traditional property restrictions fostered the freer economy desired by liberals. Literacy requirements for voters were not introduced until 1830, allowing broader access to suffrage for popular groups.[11] Furthermore, the Constitution established a centralized administrative system for the entire Spanish Empire, encompassing both Iberia and its overseas components. This system was founded on newly reformed and uniform provincial governments and municipalities, moving away from diverse historical local governmental structures.
Defining Citizenship
Debates on Inclusion
One of the most contentious issues during the Constitution's drafting was the status of indigenous and mixed-race populations across the Spanish Empire. Overseas provinces, particularly the most populous regions like the Viceroyalties of New Spain and Peru, sent deputies to Cádiz.[12] While most overseas representatives were Criollos, many advocated for extending suffrage to all indigenous, mixed-race, and free black individuals, which would have given overseas territories a demographic majority in future Cortes. However, peninsular Spanish representatives largely opposed these proposals, seeking to limit the influence of non-peninsular populations.[14]
Nationality vs. Citizenship
Ultimately, the Cortes established a distinction between nationality and citizenship (i.e., those with voting rights). The Constitution granted Spanish nationality to all natives of territories belonging to the Spanish monarchy in both hemispheres.[15] Indigenous peoples of the Americas were included in Spanish citizenship, but for Afro-American populations, citizenship was only attainable through naturalization, explicitly excluding slaves.[16] Spanish nationals were defined as all free individuals born and raised in Spanish dominions, foreigners naturalized by the Cortes, or those residing for ten years in a Spanish village with a right of vicinity.[16]
Impact on Representation
Article 1 famously stated: "The Spanish nation is the collectivity of the Spaniards of both hemispheres."[17] This transformed people from subjects of an absolute monarch into citizens of a nation founded on national sovereignty.[19] However, voting rights were restricted to Spanish nationals of Spanish or Spanish Empire ancestry.[18] Critically, free blacks and mulatos, while granted civil rights, were explicitly denied automatic citizenship and were not counted for determining provincial representation in the Cortes.[20] This effectively disenfranchised an estimated six million people in overseas territories, a strategic move by peninsular deputies to balance representation and supported by conservative Criollos who sought to maintain political power within a limited elite.[21]
Local Governance
The Rise of Ayuntamientos
The 1812 Constitution had a direct and significant impact on the nascent states of Spanish America. Several key figures who would later found Spanish American republics, such as Miguel Ramos Arizpe of Mexico and Joaquín Fernández de Leiva of Chile, were active participants in the Cortes of Cádiz.[23] A crucial provision (Article 310) mandated the establishment of a local government, an ayuntamiento, for every settlement exceeding 1,000 inhabitants. This measure aimed to transform these institutions from elite-controlled bodies into representative entities through elections.[23]
Empowering the Bourgeoisie
While elections for these ayuntamientos were indirect, they favored the wealthy and socially prominent, benefiting the burgeoning bourgeoisie at the expense of the hereditary aristocracy in both Spain and the Americas. This was particularly advantageous for the Criollos in the Americas, who quickly came to dominate these local councils.[23] For instance, in Cuzco, local elites enthusiastically embraced the opportunity to participate in governance through the ayuntamiento, aligning with the provincial deputation and cathedral chapter (both dominated by Criollos) to oppose peninsular-born bureaucrats.[24] The Constitution also inadvertently introduced a degree of federalism, as elected local and provincial bodies could operate with a degree of independence from the central government.
Repeal & Restoration
Ferdinand VII's Absolutist Return
Upon Ferdinand VII's restoration to power in March 1814 by the Allied Powers, his stance on the new Constitution was initially ambiguous. He had promised to uphold it, but was met by popular acclaim in numerous towns, where crowds welcomed him as an absolute monarch and destroyed symbols of the Constitution.[26] Encouraged by conservatives and the Catholic Church hierarchy, Ferdinand abolished the Constitution on May 4, arresting many liberal leaders on May 10. He justified these actions by repudiating a constitution created in his absence and without his consent, thereby reasserting the Bourbon doctrine of absolute sovereign authority residing solely in his person.[26]
Cycles of Reinstatement
Ferdinand's absolutist rule favored traditional power holders—prelates, nobles, and pre-1808 officeholders—alienating liberals and many who had fought against the French. This widespread discontent led to several failed attempts to restore the Constitution. Finally, on January 1, 1820, a mutiny of army officers in Andalusia, led by Rafael del Riego, demanded the Constitution's implementation. The movement gained traction across northern Spain, compelling the king to restore the Constitution by March 7.[26] This period, known as the Trienio Liberal, alarmed other European monarchies, leading to French intervention in 1823 to support Ferdinand VII. After the Battle of Trocadero, Ferdinand was freed from the Cortes' control and retaliated fiercely against liberals. The Constitution was briefly in force again in 1836 and 1837 during the drafting of the Constitution of 1837. Spain has since adopted seven constitutions, with the current one in force since 1978.
Enduring Legacy
A Global Model for Liberalism
The Constitution of Cádiz is widely regarded as the foundational document of liberalism in Spain and one of the earliest examples of classical or conservative liberalism globally.[27] It became known as the "sacred code" for a branch of liberalism that selectively rejected aspects of the French Revolution. Throughout the early 19th century, it served as a crucial model for liberal constitutions in numerous Mediterranean and Latin American nations.[27]
Far-Reaching Influence
Its influence extended to the Norwegian Constitution of 1814, the Portuguese Constitution of 1822, and the Mexican Constitution of 1824.[27] Italian Carbonari revolutionaries adopted it with minor modifications during their revolts in 1820 and 1821, demonstrating its broad appeal as a blueprint for constitutional governance.[27] In Mexico, the Plan de Iguala in 1821, led by Agustín de Iturbide, was partly a reaction to the liberalizing tendencies of the Cádiz Constitution, seeking to restore greater power to the Roman Catholic Church and invite a Spanish prince to rule.[28] This illustrates the complex and varied responses to its radical principles across the former Spanish Empire.
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References
References
- Because it was passed by the Cortes on the day of Saint Joseph (in Spanish, Pepe is a nickname for "José").
- Thiessen, Heather. "Spain: Constitution of 1812." Encyclopedia of Latin American History and Culture, vol. 5, p. 165. New York: Charles Scribner's Sons 1996.
- Zimmerman, A.F., "Spain and Its Colonies, 1808â1820." Hispanic American Historical Review 11:4(1931), pp. 439â440.
- Constitución de 1812
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