Democratic Principles of the 1869 Spanish Constitution

Origins and the Manifesto of Topete

The Constitution of 1869, convened by the Constituent Cortes, was based on two basic principles proclaimed in the Manifesto of Topete in Cádiz: universal suffrage and freedom of expression.

The Debate: Monarchy vs. Republic

During the campaign, a discussion arose regarding whether the state should be a monarchy or a republic. In favor of the monarchy were the Unionists and Progressives. Meanwhile, the Democrats ended up divided between those who favored the monarchy—who proclaimed their stance through the Cimbrios manifesto (Cristino Martos, Manuel Becerra)—and those who favored the Republican option led by Figueras, Pi i Margall, and Fernando Garrido.

The elections were conducted fairly cleanly, although local authorities in rural areas exerted significant influence due to prevailing illiteracy. The victory went to the progressive monarchists, although Republicans won in major cities except Madrid.

Core Ideology and the Bill of Rights

The Cortes developed a constitution characterized by its liberal-democratic ideology based on universal suffrage, national sovereignty, and the division of powers. In addition to establishing legal unity and the Jurisdiction Code, it provided an extensive bill of rights, including:

• Inviolability of the domicile
• Freedom of expression (expressly prohibiting censura previa and prior bonds for the press)
• Freedom of assembly and association
• Freedom of worship (with the State covering clergy expenses)
• Private property rights

Structure of the State and Executive Power

The constitutional bodies established the monarchy as the form of state, in accordance with the will of the majority. Executive power is headed by the King, who exercises it through his ministers, whom he appoints or removes from office. The King summons, suspends, and dissolves the Cortes, and he sanctions and promulgates laws while maintaining statutory authority.

The Government is directed by the President, who proposes the appointment of ministers to the King. While MPs who were ministers could not initially attend the Cortes, this resulted in an invitation to appoint ministers from among the parliamentarians.

The Bicameral Cortes and the Judiciary

The Cortes are bicameral, composed of the Congress and the Senate:

• Congress: Composed of deputies elected at a rate of one per every 40,000 inhabitants by men older than 25 years.
• Senate: Also elected by universal suffrage for men over 25 years, but indirectly through electors. To be a senator, one had to be among the largest contributors or part of the upper echelons of state institutions, the army, the Church, or the judiciary.

The judiciary is exercised by judges and courts, introducing trial by jury for political crimes. Provincial Councils are also elected through universal suffrage.