Spanish Constitution of 1869 and the Reign of Amadeo I

Key Principles of the 1869 Constitution

The Constitution of 1869 contains the principle of national sovereignty and develops a more extensive declaration of rights that recognizes the rights of habeas corpus and the inviolability of domicile and correspondence.

The Bicameral Legislative System

A system of representation is established where the legislature is set in two chambers:

• Congress: Composed of members who are elected by direct universal suffrage for men over 25 years.
• Senate: Consists of men over 40 years. The Senate is indirectly elected by the provinces but with a limited membership of the high civil, military, and religious sectors.

The two chambers have legislative initiative and choose the regency.

The Role of the King and the Judiciary

The King enjoys political irresponsibility; his actions must be restrained by the ministers, and he may summon and dissolve the chamber. Regarding the Jury, the Constitution provides for trial by jury for all crimes established by law.

Local Administration and State-Church Relations

The document recognizes the principle of self-government of municipalities supervised by the King and the Cortes. State-Church Relations are regulated by the Constitution, which provides that the State is obligated to maintain the cult and the Roman Catholic religion.

The Regency of General Serrano and Democratic Reforms

Following the adoption of the Constitution of 1869, General Serrano took over the regency. The primary axes were the adaptation of legislation to the new democratic framework and the search for a new monarch. General Prim held the presidency and reserved the Ministry of War. The Government performed the following actions:

• Election Law: Develops the principles adopted by the Cortes.
• Civil Marriage Act: Allows the celebration of marriages without ecclesiastical supervision.
• Law of the Judiciary: An organic law which establishes the judicial structure with a Supreme Court.
• Reform of the Criminal Code: The penal system is adapted to the new democratic context.

The Search for a Monarch and the Reign of Amadeo I

Because its monarchical constitution does not satisfy the Republicans, uprisings occurred in Valencia, Aragon, and Andalusia, resulting in a strong repression by the government. Following the resignation of Espartero, the candidates were: Leopold of Hohenzollern (who opposed Napoleon III), the Duke of Montpensier (financier of the revolution), Ferdinand of Coburg, and Amadeo of Savoy, son of the King of Italy, accepted by liberals who saw him as part of a dynasty in progress.

In 1870, Amadeo of Savoy was elected King and transferred to Spain to swear allegiance to the Constitution before the Cortes. General Prim was assassinated on December 27, 1870.

Political Instability and Successive Governments

Under the monarchy, the executive chairman of the Amadeist government, General Serrano, failed to solve problems of finance and the war in Cuba. Ruiz Zorrilla succeeded him, dissolving the Parliament and ruling by decree for a brief period. Various crises led the leadership of the government back to Serrano, who was then succeeded by Sagasta, leader of the Constitutionalist Party, who faced continuing instability.