Secularization and the 1812 Constitution in Spain

Secularization in 19th Century Spain

3. Secularization - In the late 18th century, liberal thinkers, supported by King Charles IV, initiated the confiscation of lands held in the so-called "dead hands" of the Church or municipalities. The aim was to raise money for the Treasury, address foreign debt, and reorganize land ownership. This process involved some partial confiscations, specifically targeting the lands of the dissolved Society of Jesus after their expulsion and the lands of para-church organizations such as colleges, hospitals, houses of mercy, and military orders. Subsequent confiscations occurred during the Cortes of Cadiz, conducted by liberals on the lands and properties of the Inquisition, which had been abolished in 1813. This offered a substantial amount of land to the market.

However, the most significant stage of secularization took place during the regency of Maria Cristina, spearheaded by Minister Mendizabal. Two main proposals emerged regarding how to proceed with disentailment:

• Radical Liberal Approach: Represented by Florez Estrada, this faction proposed that disentailed properties should not be sold at auction but remain under state ownership. Farmers would be granted long-term lease contracts.
• Moderate Approach (Mendizabal): This approach, which ultimately prevailed, advocated for selling disentailed properties at public auction to alleviate the Treasury's financial burden.

Mendizabal's secularization primarily targeted Church property. Besides raising funds for the Treasury, it aimed to diminish the power of the clergy, who largely supported the Carlist cause. This confiscation unfolded in two phases:

• Phase 1 (1836): All regular Church property was secularized and sold at public auction.
• Phase 2 (1837): All assets of the secular clergy were declared disentailed and slated for auction. However, this phase could not be fully implemented until 1841 due to the Carlist War. In 1844, the sale of disentailed goods was suspended, and an order was issued to return unsold properties to the secular clergy, reflecting an agreement between liberals and more moderate factions regarding the Church's power.

The final period of secularization occurred during the progressive biennium under Minister Pascual Madoz. He sought to continue Mendizabal's work by selling off the last remaining assets in "dead hands," primarily belonging to municipalities. In 1855, a law was promulgated declaring these assets national property and putting them up for sale, including both common property and assets belonging to the municipalities themselves. The most severely affected were the Church, left without any income to support itself, and state lands. The state was left with no debt but also no means to maintain the peasants, who lacked the economic opportunities to acquire these lands.

The Constitution of 1812

The Constitution of 1812 was one of the most liberal of its time. Taking advantage of the monarchy's absence, the deputies of the Cortes of Cadiz were able to impose their non-absolutist ideas without fully understanding the implications of what they were approving. When the principle of popular sovereignty was approved as the first law, its significance was not fully grasped. Indeed, the sessions of the Cortes of Cadiz featured lengthy discussions on whether to declare popular sovereignty or the sovereignty of the king.

Ultimately, popular sovereignty was approved, although the Constitution's preliminary discourse attempted to mask the text's revolutionary nature by presenting these innovations as a continuation of the Spanish legal tradition adapted to the times.

Key features of the Constitution included:

• Establishment of the division of powers, with a unicameral Cortes elected by the people.
• An almost universal male suffrage, with a census-limited annual income derived from provided assets.
• A unified legal code and a single law for all of Spain, ending special courts and legal peculiarities.
• Absence of a dogmatic section.

Until 1869, there was no distinction between a dogmatic and an organic part. However, the Constitution contained numerous civil rights, such as freedom, liberty, legal equality, and education. The only concession to religious absolutists was the denominational aspect.

The Constitution had a short lifespan, from 1812 to 1814, and Ferdinand VII suppressed it violently upon his return.