Evolution of Spanish Public Order and Security Forces (1812-1872)

The Constitution of 1812 and the National Militia

The 1812 Constitution refers to the militia in Articles 362 to 365. Each province was to have a body of National Militia, composed of inhabitants of these provinces. It had police functions, dependent on local councils, often lacking coordination. This militia was separate from the regular army and composed of two branches: infantry and cavalry. The Constitution of 1812, which initiated the constitutional era, notably passed without a comprehensive declaration of rights and freedoms. This encouraged a trend, repeated over centuries, to enhance governmental administration against military influence. However, this was largely ineffective, as public order remained under military jurisdiction and its military nature.

Superintendent of Police of the Kingdom (1824)

Fernando VII established the Superintendent of Police of the Kingdom in 1824, ostensibly due to the need for a strong, effective, and well-coordinated police force with nationwide responsibilities – precisely what was lacking at the time. However, its true purpose was to serve as a political police force, explicitly stated in its preamble as a means to repress the 'spirit of sedition'. This marked the origin of a national police organization in Spain, as previous bodies were primarily territorial. It represented the first true model of a centralized police force. The establishment of this police force was not without challenges, as it quickly became a de facto power, leading to confrontations with the army, the Church, and the judiciary. While an attempt to bolster absolutist civil administration of public order, the King faced significant pressure from the Church and the military regarding its operation.

General Police of the Kingdom: Features and Structure

Its features included very broad powers, many of which are now held by local police and the Civil Guard. It comprised two categories: semi-professional and professional, operating under two sets of regulations – one for Madrid and another for the provinces.

Its structure included:

• 1 General Superintendent (also Chief of Police for Madrid)
• 1 Mayor for each province (covering 32 municipalities)

These provincial mayors were political appointees, often lacking prior preparation. Nevertheless, they proved effective, particularly in intelligence gathering.

Security Forces During María Cristina and Espartero (1833-1843)

During the Regency of María Cristina, the Ministry of Public Works was established, under which the police would operate. Each province saw the appointment of a Delegate of Public Works, tasked with proposing the necessary number of agents, collaborating, and reporting to military commanders. In 1835, during Queen Mother María Cristina's regency, the Superintendent of Police was abolished due to pressure from the Army. On April 12, 1835, a General Police Section was established, which also oversaw urban and rural police. From 1835 until the First Republic, police authority often became diluted, with local and municipal police forces taking independent initiatives. It was during the reign of Espartero that military intervention in public safety reached its most significant levels.

Municipal Guard and Corps of Protection and Safety (Isabel II)

The Corps of Protection and Safety was established on January 26, 1844, under the Ministry of Interior. This body represented a new approach, prioritizing social interests over political ones. It comprised two types of agents: undercover district commissioners and uniformed guards (who initially had no power of arrest). Functionally, they served in all provincial capitals, and in towns, they were assigned to specific neighborhoods or special circumstances for protection.

The Municipal Guard was created in Madrid in 1850, with regulations governing its organization, a new uniform, and a sword as a symbol of authority. In Barcelona, a similar force was established in 1843, reporting directly to the Mayor. Its mission was to maintain peace in the neighborhoods. Initially armed with swords and pistols, and later rifles and bayonets, they were disarmed in 1909. Their first public appearance was on November 19, 1859. They quickly gained public affection and sympathy, popularly known as 'feather guards' (guardias de pluma), and absorbed roles like night watchmen (serenos), park rangers (guardapaseos), and lamplighters. Similar municipal forces were created in Alicante in 1847, Elche in 1870, and Valencia between 1870 and 1872.