The Constitution of Cádiz (1812) and the Return of Spanish Absolutism

The Spanish Constitution of 1812 (The Cádiz Constitution)

This legal text refers to the Constitution promulgated by the Cortes in Cádiz in April 1812. It is widely considered the first Spanish Constitution, predating the Bayonne Statute, which was an imposed charter.

Historical Context

Following the War of Independence in 1808, local and provincial boards began organizing resistance against the French invaders. These boards eventually grouped into a Supreme Junta, first in Seville and later in Cádiz, where elections were held for the Cortes. The resulting assembly was dominated by liberal delegates.

Core Principles of the 1812 Constitution

The comprehensive text established several foundational liberal ideas:

• National Sovereignty: Sovereignty resides essentially in the Nation.
• Division of Powers:
  • Legislative power: Shared between the Cortes and the King.
  • Executive power: Held by the King.
  • Judicial power: Reserved for the Courts of Justice.
• Political Rights: Included rights such as freedom of the press, equality before the law, civil liberty, and the right to property.

Monarchy and Religion

The Constitution established a hereditary monarchy, but it was not absolute. The King was required to swear allegiance to and abide by the Constitution, which limited his powers. Furthermore, the text explicitly stated that the Catholic religion was the only accepted faith, rejecting all others.

Ferdinand VII's Decree of October 1, 1823: Restoring Absolutism

This legal text is a Royal Decree issued by Ferdinand VII himself in 1823, marking the end of the Liberal Triennium.

The Liberal Triennium (1820–1823)

The Triennium began when a military statement, initially intended for troops departing for America, succeeded after three months. A large part of the army and political forces joined the movement, forcing Ferdinand VII to swear allegiance to the 1812 Constitution. However, the King, who was contrary to liberalism, waited for an opportunity to restore absolutism.

The King's Justification and Nullification

The main purpose of the Decree of October 1, 1823, was Ferdinand VII's declaration against the Triennium and the justification of his constitutional oath as having been made under duress and liberal tyranny. The King claimed he had been betrayed during these three years, viewing the period as an "empty, black period" where he was relegated and his legitimate hereditary rights to the throne were disregarded.

Ferdinand VII demanded the return of absolute rule and despised the liberal regime. To achieve this, he enlisted the help of the Holy Alliance, which resulted in the intervention of the French army, led by the Duke of Angoulême. This force marched to Cádiz, where the Cortes and the government had taken refuge along with the King.

On the first day of October, the King dissolved the Cortes and annulled all laws, decrees, and regulations that he had been forced to pass against his will. All these declarations were collected and disseminated in the Gaceta de Madrid, the official instrument of the government.