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Article

Jaime E. Rodríguez O.

The concept of a constitution, a political entity that determines how a people are governed, emerged in ancient times. The government of the Roman Republic (509–27 BC) influenced the Western world. Later, Romanized Visigoths adopted a charter, the Fuero Juzgo (654), in the Iberian Peninsula that integrated Roman and Visigothic legal systems. The document influenced regional political entities throughout the Middle Ages. In the 13th century, each of the realms of the Iberian Peninsula adopted individual rather than shared fundamental codes. In 1265, King Alfonso X established Castilla’s and Leon’s first constitution, the Siete Partidas. The New World obtained its own legal system, known as the Derecho Indiano (Laws of the Indies). Like the kingdoms of the Iberian Peninsula, those of America created a compact between the monarch and the citizens of each realm rather than Hispanic America as a whole. These systems of uncodified legislation evolved to meet changing circumstances and societal norms. They provided corporations and individuals expanding opportunities for indirect and direct experience in self-government. In 1808, an unexpected upheaval transformed the Hispanic world. The French invaded Spain. Emperor Napoleon Bonaparte lured the royal family into France, compelled them to abdicate in his favor, and then granted the Spanish monarchy to his brother, José. The Spanish people did not accept the usurper king, José I. They formed the Junta Central to oppose the invaders. As the French continued to conquer the nation, they convened a Cortes, which met on September 24, 1810, in the port of Cádiz. Approximately 220 deputies, including sixty-five Americans and two Filipinos, eventually participated in the extraordinary Cortes of Cádiz. Deputies representing overseas dominions played a central role in developing the most progressive constitution of the 19th century. Despite the political chaos that surrounded the constituent congress, the delegates debated and eventually reached consensus on a modern, flexible charter that reconciled the competing interests of the multiplicity of areas and ideological positions represented at the assembly. They produced a constitution for the entire Hispanic world that made the executive and the judiciary subordinate to the legislature. It also increased the scope of political activity by establishing representative government at three levels: the city or town with a thousand or more inhabitants (constitutional ayuntamiento), the province (provincial deputation), and the monarchy (Cortes). The charter transferred political power from the center to the localities, and incorporated large numbers of people into the political process for the first time by redefining the concept of active citizenship (i.e., those eligible to vote). This fundamental document formed the basis for constitutional development throughout the Hispanic monarchy and for most charters promulgated in the nations that emerged after the breakup of that political entity.

Article

Natalia Sobrevilla Perea

On 19 March 1812, representatives from across the Hispanic Monarchy put forward a constitution in the Spanish port city of Cádiz. This foundational document was a response to their king’s abdication in favor of Napoleon’s brother Joseph Bonaparte, obtained under pressure from invading French troops. The constitution aimed to address what they viewed as a lack of legitimacy because the monarch was captive, as the drafters expected it would be the basis of government in all the corners of the empire, from Madrid to Mexico and Manila. Written under the protection of the British fleet in the last bastion of the Peninsula that remained unoccupied, the constitution instituted a very extensive male suffrage, freedom of the press, national sovereignty, and the abolition of privileges for citizens from all parts of the vast empire. These measures were the reason why the men who debated the constitution were the first ones to be called liberal. The liberalism of the drafters at Cádiz must be considered in the context of the early nineteenth century. When in 1814 Ferdinand VII returned to Spain, he abolished the constitution. But in 1820 a mutiny of troops forced the king to accept it grudgingly. A constitutional monarchy was established lasting until 1823, when the so-called 100,000 sons of Saint Louis crossed from France to reinstate absolutism. This period came to be known as the Liberal Triennium. In 1836 the Progressives reinstated the Cádiz Constitution, albeit briefly when they passed a new charter in 1837. Until quite recently there was very limited scholarship on the Cádiz Constitution in English, and, as Roberto Breña shows, even the literature in Spanish had been mostly limited to the study of the text itself and its impact in the peninsula. In the past decade, Atlantic history and studies on the Enlightenment’s influence on revolution in general have led to renewed interest in the Spanish constitutional experience. The reevaluation of Spanish American independence movements in light of the Cádiz Constitution have also sparked debate among historians. François-Xavier Guerra (1992) and Jaime Rodriguez O. (1998)1 consider that it is impossible to understand the process of independence if attention is not paid to Cádiz and the enacting of the constitution. Guerra goes as far as to state that the election of deputies to Cortes was the revolution2 (1993) Bicentennial celebrations have led to a dramatic increase of publications on the constitution. Its importance, especially in influencing subsequent constitutions, is increasingly acknowledged today in academic circles. In this article I will discuss the calling of the Cortes, the elections that brought representatives from all over the empire to Cádiz, the demands made from far-away provinces, and major issues discussed in the constitutional debates. I conclude by assessing the constitution’s reception, as well as the way in which it influenced the advent of modernity in the Hispanic world and beyond. I begin by discussing the development of constitutional thinking in the late eighteenth century and the beginning of the nineteenth century. A revision of the events that led to the Peninsular War and the context in which the constitution was put forward follows. The article then analyzes the process through which the constitution was passed, the intellectual debates that surrounded it, the impact the charter had in the wider Atlantic world, as well as the role it played in the process of independence in Spanish America. Finally, it ends with a review of how liberalism developed in the Hispanic Monarchy and the long-lasting legacy of the Cádiz Constitution.

Article

The independence of New Spain was not the result of an anti-colonial struggle. Rather, it was a consequence of a great political revolution that culminated in the dissolution of the Spanish Monarchy, a world-wide political system. The movement was an integral part of the broader process that was transforming antiguo régimen societies into modern liberal nation states. The new country of Mexico that emerged from the break up of the Spanish Monarchy retained many of the shared institutions, traditions, and practices of the past. Although political ideas, structures and practices evolved rapidly after 1808, antiguo régimen social, economic, and institutional relationships changed slowly. Throughout this period of transformation, new political processes and liberal institutions merged with established traditions and practices. Two broad movements emerged in the Spanish World, a great political revolution that sought to transform the Spanish Monarchy into a modern nation state with the most radical constitution of the 19th century, and a fragmented insurgency that relied on force to secure local autonomy or home rule. These two overlapping processes influenced in a variety of ways. Neither can be understood in isolation.

Article

Natalia Sobrevilla Perea

The wars of Spanish-American independence were a series of military campaigns that took place in the Americas between 1809 and 1825, which resulted in the creation of more than a dozen republics in the territories that had previously been part of the Hispanic monarchy. Triggered in the short term by the Napoleonic invasion of the Spanish peninsula in 1808, there were more deep-seated reasons, however, that led to the collapse of an empire that had existed for three hundred years. Classic historiography has stressed the importance of the Bourbon Reforms that brought to the fore the contradictions within the Hispanic monarchy and gave rise to a sense of proto-nationalism. These interpretations have given much importance to the role of the Enlightenment and the fear brought by possible social revolution. Some authors consider that these wars were the result of the Americans’ long-held contempt for Europeans. These views consider that struggle for liberation had begun much earlier, possibly as far back as the 1780s, inspired by the American and French Revolutions. More recent historiography has highlighted the war that engulfed Spain itself between 1808 and 1814 as the crucial event that led to fighting in the Americas. This event is seen as not just the trigger for the events to unfold, unleashing conflicts that had been simmering for much longer, but what shook to the ground the archaic but surprisingly durable composite Hispanic monarchy. This article will discuss the main events that caused the wars, the moments each national historiography has identified as the ones linked to the independence of their particular region, as well as the events themselves. It begins by looking at the historical antecedents, including the Bourbon Reforms, the American, French, and Haitian revolutions, and at the Napoleonic invasion of the Spanish peninsula. It then discusses the creation of juntas in the Americas and how the confrontation between different jurisdictions resulted in war. The article discusses who were the people involved in the wars and the main events that took place.