Spanish Constitution of 1812
Encyclopedia
Cádiz Cortes
The Cádiz Cortes were sessions of the national legislative body which met in the safe haven of Cádiz during the French occupation of Spain during the Napoleonic Wars...
, the national legislative assembly
Legislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
(Cortes Generales
Cortes Generales
The Cortes Generales is the legislature of Spain. It is a bicameral parliament, composed of the Congress of Deputies and the Senate . The Cortes has power to enact any law and to amend the constitution...
"General Courts") of Spain
Spain
Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...
, while in refuge from the Peninsular War
Peninsular War
The Peninsular War was a war between France and the allied powers of Spain, the United Kingdom, and Portugal for control of the Iberian Peninsula during the Napoleonic Wars. The war began when French and Spanish armies crossed Spain and invaded Portugal in 1807. Then, in 1808, France turned on its...
. This constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
, one of the most liberal
Liberalism
Liberalism is the belief in the importance of liberty and equal rights. Liberals espouse a wide array of views depending on their understanding of these principles, but generally, liberals support ideas such as constitutionalism, liberal democracy, free and fair elections, human rights,...
of its time, was effectively Spain's first (see Constitutions of Spain), given that the Bayonne Statute
Bayonne Statute
The Bayonne Statute —also Bayonne Constitution or Bayonne Charter and, officially in French, Acte Constitutionnel de l’Espagne—was a constitution or a royal charter approved in Bayonne, France, 8 July 1808, by Joseph Bonaparte as the intended basis for his rule as king of Spain...
issued in 1808 under Joseph Bonaparte
Joseph Bonaparte
Joseph-Napoléon Bonaparte was the elder brother of Napoleon Bonaparte, who made him King of Naples and Sicily , and later King of Spain...
never went into effect. The 1812 Constitution established the principles of universal male suffrage
Universal suffrage
Universal suffrage consists of the extension of the right to vote to adult citizens as a whole, though it may also mean extending said right to minors and non-citizens...
, national sovereignty
National sovereignty
National sovereignty is the doctrine that sovereignty belongs to and derives from the nation, an abstract entity normally linked to a physical territory and its past, present, and future citizens. It is an ideological concept or doctrine derived from liberal political theory...
, constitutional monarchy
Constitutional monarchy
Constitutional monarchy is a form of government in which a monarch acts as head of state within the parameters of a constitution, whether it be a written, uncodified or blended constitution...
and freedom of the press
Freedom of the press
Freedom of the press or freedom of the media is the freedom of communication and expression through vehicles including various electronic media and published materials...
, and supported land reform
Land reform
[Image:Jakarta farmers protest23.jpg|300px|thumb|right|Farmers protesting for Land Reform in Indonesia]Land reform involves the changing of laws, regulations or customs regarding land ownership. Land reform may consist of a government-initiated or government-backed property redistribution,...
and free enterprise
Capitalism
Capitalism is an economic system that became dominant in the Western world following the demise of feudalism. There is no consensus on the precise definition nor on how the term should be used as a historical category...
.
Six weeks after Ferdinand VII's return to Spain on 24 March 1814, he abolished the constitution, but it was reinstated during the Trienio Liberal of 1820–1823, and again briefly in 1836 and 1837 while the Progressives
Progressive Party (Spain)
The Progressive Party was one of the two Spanish political parties that contended for power during the reign of Isabel II . They were to the left of the opposing Moderate Party , but also characterized themselves as liberal...
prepared the Constitution of 1837
Spanish Constitution of 1837
The Spanish Constitution of 1837 was the constitution of Spain from 1837 to 1845. Its principal legacy was to restore the most progressive features of the Spanish Constitution of 1812 and to entrench the concepts of constitutionalism, parliamentarism, and separation of powers in Spain.-...
. From 1812 to 1814, the Constitution was never really fully in effect: much of Spain was ruled by the French, while the rest was in the hands of interim governments focused on resistance to the Bonapartes rather than on the immediate establishment of a constitutional regime, and the overseas possessions experienced the chaos of a power vacuum.
The Spaniards nicknamed the Constitution La Pepa because it was adopted on Saint Joseph's Day
Saint Joseph
Saint Joseph is a figure in the Gospels, the husband of the Virgin Mary and the earthly father of Jesus Christ ....
;
Background
At the time the Cortes drafted and adopted the Constitution, it was taking refuge from the French on Spain's Atlantic coast, first in Isla de León (now San Fernando) and then in CádizCádiz
Cadiz is a city and port in southwestern Spain. It is the capital of the homonymous province, one of eight which make up the autonomous community of Andalusia....
. From a Spanish point of view, the Peninsular War was a war of independence against the French Empire
First French Empire
The First French Empire , also known as the Greater French Empire or Napoleonic Empire, was the empire of Napoleon I of France...
and the king installed by the French, Joseph Bonaparte. In 1808, both King Ferdinand VII and his predecessor and father, Charles IV
Charles IV of Spain
Charles IV was King of Spain from 14 December 1788 until his abdication on 19 March 1808.-Early life:...
, had resigned their claims to the throne in favor of Napoleon Bonaparte, who in turn passed the crown to his brother Joseph. While many in elite circles in Madrid were willing to accept Joseph's rule, the Spanish people were not. That war began on the night of 2 May, immortalized by Francisco Goya
Francisco Goya
Francisco José de Goya y Lucientes was a Spanish romantic painter and printmaker regarded both as the last of the Old Masters and the first of the moderns. Goya was a court painter to the Spanish Crown, and through his works was both a commentator on and chronicler of his era...
's painting The Charge of the Mamelukes.
The Second of May 1808
The Second of May 1808, also known as The Charge of the Mamelukes, is a painting by the Spanish master Francisco de Goya. It is a companion to the painting The Third of May 1808...
Napoleon's forces faced both Spanish partisans and the British under the Arthur Wellesley
Arthur Wellesley, 1st Duke of Wellington
Field Marshal Arthur Wellesley, 1st Duke of Wellington, KG, GCB, GCH, PC, FRS , was an Irish-born British soldier and statesman, and one of the leading military and political figures of the 19th century...
. The Spanish partisans organized an interim Spanish government, the Supreme Central Junta and called for a Cortes to convene with representatives from all the Spanish provinces throughout the worldwide empire, in order to establish a government with a firm claim to legitimacy. The Junta first met on 25 September 1808 in Aranjuez
Aranjuez
Aranjuez is a town lying 48 km south of Madrid, in the southern part of the Community of Madrid. It is located at the confluence of the Tagus and Jarama rivers, 48 km from Toledo. As of 2009, it has a population of 54,055.-History:...
and later in Seville
Seville
Seville is the artistic, historic, cultural, and financial capital of southern Spain. It is the capital of the autonomous community of Andalusia and of the province of Seville. It is situated on the plain of the River Guadalquivir, with an average elevation of above sea level...
, before being cornered in Cádiz.
The Supreme Central Junta, originally under the leadership of the elderly Count of Floridablanca initially tried to consolidate southern and eastern Spain to maintain continuity for a restoration of the Bourbons
House of Bourbon
The House of Bourbon is a European royal house, a branch of the Capetian dynasty . Bourbon kings first ruled Navarre and France in the 16th century. By the 18th century, members of the Bourbon dynasty also held thrones in Spain, Naples, Sicily, and Parma...
. However, almost from the outset they were in physical retreat from Napoleon's forces, and the comparative liberalism offered by the Napoleonic regime made Floridablanca's enlightened absolutism
Enlightened absolutism
Enlightened absolutism is a form of absolute monarchy or despotism in which rulers were influenced by the Enlightenment. Enlightened monarchs embraced the principles of the Enlightenment, especially its emphasis upon rationality, and applied them to their territories...
a likely basis to rally the country. In any event, Floridablanca's strength failed him and he died on 30 December 1808.
When the Cortes convened in Cádiz in 1810, there appeared to be two possibilities for Spain's political future if the French could be driven out. The first, represented especially by Gaspar Melchor de Jovellanos
Gaspar Melchor de Jovellanos
Gaspar Melchor de Jovellanos was an Asturian-born Spanish neoclassical statesman, author, philosopher and a major figure of the Age of Enlightenment in Spain.-Life:...
, was the restoration of the absolutist Antiguo Régimen ("Old Regime"); the second was to adopt some sort of written constitution.
Deliberations and Reforms
Retreating before the advancing French and an outbreak of yellow feverYellow fever
Yellow fever is an acute viral hemorrhagic disease. The virus is a 40 to 50 nm enveloped RNA virus with positive sense of the Flaviviridae family....
, the Supreme Central Junta moved to the Isla de León, where it was protected by the British Royal Navy
Royal Navy
The Royal Navy is the naval warfare service branch of the British Armed Forces. Founded in the 16th century, it is the oldest service branch and is known as the Senior Service...
, and abolished itself, leaving a regency to rule until the Cortes could convene.
The origins of the Cortes did not harbor any revolutionary intentions, since the Junta saw itself simply as a continuation of the legitimate government of Spain. The opening session of the new Cortes was held on 24 September 1810 in the building now known as the Real Teatro de las Cortes. The opening ceremonies included a civic procession, a mass
Mass (liturgy)
"Mass" is one of the names by which the sacrament of the Eucharist is called in the Roman Catholic Church: others are "Eucharist", the "Lord's Supper", the "Breaking of Bread", the "Eucharistic assembly ", the "memorial of the Lord's Passion and Resurrection", the "Holy Sacrifice", the "Holy and...
, and a call by the president of the Regency, Pedro Quevedo y Quintana, the bishop of Ourense
Ourense
Ourense is a city in northwestern Spain, the capital of the province of the same name in Galicia. Its population of 108,674 accounts for 30% of the population of the province and makes it the third largest city of Galicia.-Population:...
, for those present to fulfill their task loyally and efficiently. Still, the very act of resistance to the French involved a certain degree of deviation from the doctrine of royal sovereignty: if sovereignty resided entirely in the monarch, then Charles and Ferdinand's abdications in favor of Napoleon would have made Joseph Bonaparte the legitimate ruler of Spain.
Civil service
The term civil service has two distinct meanings:* A branch of governmental service in which individuals are employed on the basis of professional merit as proven by competitive examinations....
, a reform of the tax system, the replacement of feudal privileges by freedom of contract
Freedom of contract
Freedom of contract is the freedom of individuals and corporations to form contracts without government restrictions. This is opposed to government restrictions such as minimum wage, competition law, or price fixing...
, and the recognition of the property owner's right to use his property as he saw fit. Three basic principles were soon ratified by the Cortes: that sovereignty resides in the nation
Nation
A nation may refer to a community of people who share a common language, culture, ethnicity, descent, and/or history. In this definition, a nation has no physical borders. However, it can also refer to people who share a common territory and government irrespective of their ethnic make-up...
(see national sovereignty
National sovereignty
National sovereignty is the doctrine that sovereignty belongs to and derives from the nation, an abstract entity normally linked to a physical territory and its past, present, and future citizens. It is an ideological concept or doctrine derived from liberal political theory...
), the legitimacy of Ferdinand VII as king of Spain, and the inviolability
Parliamentary immunity
Parliamentary immunity, also known as legislative immunity, is a system in which members of the parliament or legislature are granted partial immunity from prosecution. Before prosecuting, it is necessary that the immunity be removed, usually by a superior court of justice or by the parliament itself...
of the deputies. With this, the first steps towards a political revolution were taken, since prior to the Napoleonic intervention, Spain had been ruled as an absolute monarchy by the Bourbon
House of Bourbon
The House of Bourbon is a European royal house, a branch of the Capetian dynasty . Bourbon kings first ruled Navarre and France in the 16th century. By the 18th century, members of the Bourbon dynasty also held thrones in Spain, Naples, Sicily, and Parma...
s and their Habsburg predecessors. Although the Cortes was not unanimous in its liberalism, the new Constitution reduced the power of the crown, the Catholic Church (although Catholicism remained the state religion
State religion
A state religion is a religious body or creed officially endorsed by the state...
), and the nobility
Nobility
Nobility is a social class which possesses more acknowledged privileges or eminence than members of most other classes in a society, membership therein typically being hereditary. The privileges associated with nobility may constitute substantial advantages over or relative to non-nobles, or may be...
.
Classical liberalism
Classical liberalism is the philosophy committed to the ideal of limited government, constitutionalism, rule of law, due process, and liberty of individuals including freedom of religion, speech, press, assembly, and free markets....
or conservative liberalism
Conservative liberalism
Conservative liberalism is a variant of liberalism, combining liberal values and policies with conservative stances, or, more simply, representing the right-wing of the liberal movement....
worldwide. It came to be called the "sacred code" of the branch of liberalism that rejected the French Revolution
French Revolution
The French Revolution , sometimes distinguished as the 'Great French Revolution' , was a period of radical social and political upheaval in France and Europe. The absolute monarchy that had ruled France for centuries collapsed in three years...
, and during the early nineteenth century it served as a model for liberal constitutions of several Mediterranean and Latin American nations. It served as the model for the Norwegian Constitution
Constitution of Norway
The Constitution of Norway was first adopted on May 16, 1814 by the Norwegian Constituent Assembly at Eidsvoll , then signed and dated May 17...
of 1814, the Portuguese Constitution of 1822
Liberal Revolution of 1820
The Liberal Revolution of 1820 was a political revolution that erupted in 1820 and lasted until 1826. It was unchained via a military insurrection in the city of Porto, in northern Portugal, that quickly and peacefully spread to the rest of the country. From 1807 to 1811 Napoleonic French forces...
and the Mexican one of 1824
1824 Constitution of Mexico
The Federal Constitution of the United Mexican States of 1824 was enacted on October 4 of 1824, after the overthrow of the Mexican Empire of Agustin de Iturbide. In the new constitution, the republic took the name of United Mexican States, and was defined as a representative federal republic, with...
, and was implemented with minor modifications in various Italian states by the Carbonari
Carbonari
The Carbonari were groups of secret revolutionary societies founded in early 19th-century Italy. The Italian Carbonari may have further influenced other revolutionary groups in Spain, France, Portugal and possibly Russia. Although their goals often had a patriotic and liberal focus, they lacked a...
during their revolt of 1820 and 1821.
As the principal aim of the new constitution was the prevention of arbitrary and corrupt royal rule, it provided for a limited monarchy which governed through ministers subject to parliamentary control. Suffrage
Suffrage
Suffrage, political franchise, or simply the franchise, distinct from mere voting rights, is the civil right to vote gained through the democratic process...
, which was not determined by property qualifications, favored the position of the commercial class
Bourgeoisie
In sociology and political science, bourgeoisie describes a range of groups across history. In the Western world, between the late 18th century and the present day, the bourgeoisie is a social class "characterized by their ownership of capital and their related culture." A member of the...
in the new parliament, since there was no special provision for the Church or the nobility. The constitution set up a rational and efficient centralized administrative system for the whole monarchy based on newly reformed and uniform provincial governments and municipalities, rather than maintaining some form of the varied, historical local governmental structures. Repeal of traditional property restrictions gave liberals the freer economy they wanted.
The first provincial government created under the Constitution was in the province of Guadalajara con Molina. Its deputation first met in the village of Anguita
Anguita
Anguita is a municipality located in the province of Guadalajara, Castile-La Mancha, Spain. , the municipality has a population of 203 inhabitants.It is situated on the river Tajuña and its tributaries, La Madre and creek Prado...
in April 1813, since the capital Guadalajara
Guadalajara, Spain
Guadalajara is a city and municipality in the autonomous community of Castile-La Mancha, Spain, and in the natural region of La Alcarria. It is the capital of the province of Guadalajara. It is located roughly 60 km northeast of Madrid on the Henares River, and has a population of 83,789...
was the site of ongoing fighting.
Establishment of Spanish active and passive citizenship
Among the most debated questions during the drafting of the constitution was the status of the nativeIndigenous peoples
Indigenous peoples are ethnic groups that are defined as indigenous according to one of the various definitions of the term, there is no universally accepted definition but most of which carry connotations of being the "original inhabitants" of a territory....
and mix-race
Casta
Casta is a Portuguese and Spanish term used in seventeenth and eighteenth centuries mainly in Spanish America to describe as a whole the mixed-race people which appeared in the post-Conquest period...
populations in Spain's possessions around the world. Most of the overseas provinces were represented, especially the most populous regions. Both the Viceroyalties of New Spain
New Spain
New Spain, formally called the Viceroyalty of New Spain , was a viceroyalty of the Spanish colonial empire, comprising primarily territories in what was known then as 'América Septentrional' or North America. Its capital was Mexico City, formerly Tenochtitlan, capital of the Aztec Empire...
and the Peru
Viceroyalty of Peru
Created in 1542, the Viceroyalty of Peru was a Spanish colonial administrative district that originally contained most of Spanish-ruled South America, governed from the capital of Lima...
had deputies
Deputy (legislator)
A deputy is a legislator in many countries, particularly those with legislatures styled as a 'Chamber of Deputies' or 'National Assembly'.-List of countries:This is an list of countries using the term 'deputy' or one of its cognates....
present, as did Central America
Captaincy General of Guatemala
The Captaincy General of Guatemala , also known as the Kingdom of Guatemala , was an administrative division in Spanish America which covered much of Central America, including what are now the nations of Costa Rica, Nicaragua, Honduras, El Salvador and Guatemala, and the Mexican state of Chiapas...
, the islands of the Spanish Caribbean
Spanish Caribbean
The Spanish Caribbean refers to the Spanish-speaking areas in the Caribbean Sea, namely Cuba, the Dominican Republic and Puerto Rico. The phrase, thus, excludes countries such as Jamaica, Haiti, and the Lesser Antilles...
, Florida
Spanish Florida
Spanish Florida refers to the Spanish territory of Florida, which formed part of the Captaincy General of Cuba, the Viceroyalty of New Spain, and the Spanish Empire. Originally extending over what is now the southeastern United States, but with no defined boundaries, la Florida was a component of...
, Chile, Upper Peru
Upper Peru
Upper Peru was the region in the Viceroyalty of Peru, and after 1776, the Viceroyalty of the Río de la Plata, comprising the governorships of Potosí, La Paz, Cochabamba, Los Chiquitos, Moxos and Charcas...
and the Philippines
Captaincy General of the Philippines
The Captaincy General of the Philippines was an administrative district of the Spanish Empire. The Captaincy General encompassed the modern country of the Philippines and associated Spanish Pacific possessions...
. The total number of representatives was 303, of which thirty-seven were born in overseas territories, although several of these were temporary, substitute deputies [suplentes] elected by American refugees in the city of Cadiz: seven from New Spain, two from Central America, five from Peru, two from Chile, three from the Río de la Plata
Viceroyalty of the Río de la Plata
The Viceroyalty of the Río de la Plata, , was the last and most short-lived Viceroyalty of the Spanish Empire in America.The Viceroyalty was established in 1776 out of several former Viceroyalty of Perú dependencies that mainly extended over the Río de la Plata basin, roughly the present day...
, three from New Granada
Viceroyalty of New Granada
The Viceroyalty of New Granada was the name given on 27 May 1717, to a Spanish colonial jurisdiction in northern South America, corresponding mainly to modern Colombia, Ecuador, Panama, and Venezuela. The territory corresponding to Panama was incorporated later in 1739...
, and two from Venezuela
Captaincy General of Venezuela
The Captaincy General of Venezuela was an administrative district of colonial Spain, created in 1777 to provide more autonomy for the provinces of Venezuela, previously under the jurisdiction of the Viceroyalty of New Granada and the Audiencia of Santo Domingo...
, one from Santo Domingo, two from Cuba
Captaincy General of Cuba
The Captaincy General of Cuba was an administrative district of the Spanish Empire created in 1607 as part of Habsburg Spain's attempt better to defend the Caribbean against foreign powers, which also involved creating captaincies general in Puerto Rico, Guatemala and Yucatán. The restructuring of...
, one from Puerto Rico
Captaincy General of Puerto Rico
The Captaincy General of Puerto Rico was an administrative district of the Spanish Empire, created in 1580 to provide better military management of the island of Puerto Rico, previously under the direct rule of a simple governor and the jurisdiction of Audiencia of Santo Domingo...
and two from the Philippines. Although most of the overseas representatives were Criollos
Criollo people
The Criollo class ranked below that of the Iberian Peninsulares, the high-born permanent residence colonists born in Spain. But Criollos were higher status/rank than all other castes—people of mixed descent, Amerindians, and enslaved Africans...
, the majority wanted to extend suffrage to all indigenous, mixed-race and free black people of the Spanish Empire, which would have granted the overseas territories a majority in the future Cortes. The majority of representatives from peninsular Spain opposed those proposals as they wished to limit the weight of non-Peninsulares. According to the best estimates of the time, continental Spain had an estimated population of between 10 and 11 million, while the overseas provinces had a combined population of around 15 to 16 million. The Cortes ultimately approved a distinction between nationality and citizenship (that is, those with the right to vote).
The Constitution defined as Spanish nationals all people born, naturalized or permanently residing for more than ten years in Spanish territories. Article 1 of the Constitution that read: "The Spanish nation is the collectivity of the Spaniards of both hemispheres." Voting rights were granted to Spanish nationals whose ancestry originated from Spain or the territories of the Spanish Empire. This had the effect of changing the legal status of the people not only in peninsular Spain but in Spanish possessions overseas. In the latter case, not only did people of Spanish ancestry, but indigenous peoples as well, were transformed from the subjects of an absolute monarch to the citizens of a nation rooted in the doctrine of national, rather than royal, sovereignty. At the same time, the Constitution recognized the civil rights of free blacks and mulatos but explicitly denied them automatic citizenship. Furthermore they were not to be counted for the purposes of establishing the number of representatives a given province was to send to the Cortes. This had the effect of removing an estimated six million people from the roles in the overseas territories. In part this arrangement was a strategy by the peninsular deputies to achieve equality in the number of American and peninsular deputies in the future Cortes, but it also served the interests of conservative Criollo representatives, who wished to keep political power within a limited group of people.
The peninsular deputies, for the most part, were also not inclined towards ideas of federalism
Federalism
Federalism is a political concept in which a group of members are bound together by covenant with a governing representative head. The term "federalism" is also used to describe a system of the government in which sovereignty is constitutionally divided between a central governing authority and...
promoted by many of the overseas deputies, which would have granted greater self-rule to the American and Asian territories. Most of the peninsular, therefore, shared the absolutists' inclination towards centralized government
Centralized government
A centralized or centralised government is one in which power or legal authority is exerted or coordinated by a de facto political executive to which federal states, local authorities, and smaller units are considered subject...
. Another aspect of the treatment of the overseas territories in the constitution —one of the many that would prove not to be to the taste of Ferdinand VII— that by converting these territories to provinces, the king was deprived of a great economic resource. Under the Antiguo Régimen, the taxes from Spain's overseas possessions went directly to the royal treasury; under the Constitution of 1812, it would go to the state administrative apparatus.
The influence of the 1812 Constitution on the emerging states of Latin America was quite direct. Miguel Ramos Arizpe
Miguel Ramos Arizpe
Don Miguel Ramos Arizpe was a Mexican priest and politician who served as deputy in 1810...
of Mexico
Mexico
The United Mexican States , commonly known as Mexico , is a federal constitutional republic in North America. It is bordered on the north by the United States; on the south and west by the Pacific Ocean; on the southeast by Guatemala, Belize, and the Caribbean Sea; and on the east by the Gulf of...
, Joaquín Fernández de Leiva of Chile
Chile
Chile ,officially the Republic of Chile , is a country in South America occupying a long, narrow coastal strip between the Andes mountains to the east and the Pacific Ocean to the west. It borders Peru to the north, Bolivia to the northeast, Argentina to the east, and the Drake Passage in the far...
, Vicente Morales Duárez of Peru
Peru
Peru , officially the Republic of Peru , is a country in western South America. It is bordered on the north by Ecuador and Colombia, on the east by Brazil, on the southeast by Bolivia, on the south by Chile, and on the west by the Pacific Ocean....
and José Mejía Lequerica of Ecuador
Ecuador
Ecuador , officially the Republic of Ecuador is a representative democratic republic in South America, bordered by Colombia on the north, Peru on the east and south, and by the Pacific Ocean to the west. It is one of only two countries in South America, along with Chile, that do not have a border...
, among other significant figures in founding American republics, were active participants at Cádiz. One provision of the Constitution, which provided for the creation of a local government (an ayuntamiento
Cabildo (council)
For a discussion of the contemporary Spanish and Latin American cabildo, see Ayuntamiento.A cabildo or ayuntamiento was a former Spanish, colonial administrative council that governed a municipality. Cabildos were sometimes appointed, sometimes elected, but were considered to be representative of...
) for every settlement of over 1,000 people, using a form of indirect election that favored the wealthy and socially prominent, came from a proposal by Ramos Arizpe. This benefited the bourgeoisie
Bourgeoisie
In sociology and political science, bourgeoisie describes a range of groups across history. In the Western world, between the late 18th century and the present day, the bourgeoisie is a social class "characterized by their ownership of capital and their related culture." A member of the...
at the expense of the hereditary aristocracy both on the Peninsula and in the Americas, and in the Americas, it was particularly to the advantage of the Criollos, since they came to dominate the ayuntamientos. It also brought in a certain measure of federalism through the back door, both on the peninsula and overseas: elected bodies at the local and provincial level might not always be in lockstep with the central government.
Repeal and Restoration
When Ferdinand VII was restored in March 1814 by the Allied Powers, it is not clear whether he immediately made up his mind as to whether to accept or reject this new charter of Spanish government. He first promised to uphold the constitution, but was repeatedly met in numerous towns by crowds who welcomed him as an absolute monarch, often smashing the markers that had renamed their central plazas as Plaza of the Constitution. Sixty-nine deputies of the Cortes signed the so-called Manifiesto de los Persas ("Manifesto of the Persians") encouraging him to restore absolutism. Within a matter of weeks, encouraged by conservativesConservatism
Conservatism is a political and social philosophy that promotes the maintenance of traditional institutions and supports, at the most, minimal and gradual change in society. Some conservatives seek to preserve things as they are, emphasizing stability and continuity, while others oppose modernism...
and backed by the Roman Catholic Church hierarchy, he abolished the constitution on 4 May and arrested many liberal
Liberalism
Liberalism is the belief in the importance of liberty and equal rights. Liberals espouse a wide array of views depending on their understanding of these principles, but generally, liberals support ideas such as constitutionalism, liberal democracy, free and fair elections, human rights,...
leaders on 10 May, justifying his actions as the repudiation of an unlawful constitution made by a Cortes assembled in his absence and without his consent. Thus he came back to assert the Bourbon doctrine that the sovereign authority resided in his person only.
Ferdinand's absolutist rule rewarded the traditional holders of power—prelate
Prelate
A prelate is a high-ranking member of the clergy who is an ordinary or who ranks in precedence with ordinaries. The word derives from the Latin prælatus, the past participle of præferre, which means "carry before", "be set above or over" or "prefer"; hence, a prelate is one set over others.-Related...
s, nobles and those who held office before 1808—but not liberals, who wished to see a constitutional monarchy
Constitutional monarchy
Constitutional monarchy is a form of government in which a monarch acts as head of state within the parameters of a constitution, whether it be a written, uncodified or blended constitution...
in Spain, or many who led the war effort against the French but had not been part of the pre-war government. This discontent resulted in several unsuccessful attempts to restore the Constitution in the five years after Ferdinand's restoration. Finally on 1 January 1820 Rafael del Riego
Rafael del Riego
Rafael del Riego y Nuñez was a Spanish general and liberal politician, who played a key role in the outbreak of the Liberal Triennium .-Early life and action in the Peninsular War:...
, Antonio Quiroga and other officers initiated a mutiny of army officers in Andalusia demanding the implementation of the Constitution. The movement found support among the northern cities and provinces of Spain, and by 7 March the king had restored the Constitution. Over the next two years, the other European monarchies became alarmed at the liberals' success and at the Congress of Verona
Congress of Verona
The Congress of Verona met at Verona on October 20, 1822 as part of the series of international conferences or congresses that opened with the Congress of Vienna in 1814-15, which had instituted the Concert of Europe at the close of the Napoleonic Wars....
in 1822 approved intervention of French forces in Spain to support Ferdinand VII. After the Battle of Trocadero
Battle of Trocadero
The Battle of Trocadero, fought on 31 August 1823, was the only significant battle in the French invasion of Spain when French forces defeated the Spanish liberal forces and restored the absolute rule of King Ferdinand VII.-Prelude:...
liberated Ferdinand from control by the Cortes in August 1823, he turned on the liberals and constitutionalists with fury. After Ferdinand's death in 1833, the Constitution was in force again briefly in 1836 and 1837, while the Constitution of 1837 was being drafted. Since 1812, Spain has had a total of seven constitutions; the current one has been in force since 1978.