Spanish Constitutions & Liberal Triennium: 1812-1876

The Constitution of 1812

During the Peninsular War, Cádiz was the only Spanish city that resisted French control, aided by the British fleet. The *Junta Central* and Supreme Courts fled there. The process of electing deputies was difficult; in many cases, it involved choosing between people from each province who were in Cádiz. The liberal atmosphere favored the predominance of liberals in the new Cortes. The Cortes were unicameral, featuring only one chamber nationwide. They elaborated a liberal constitution with several key principles:

• National Sovereignty: Sovereignty resides in the hands of the nation.
• Unicameralism: The legislature consists of a single chamber.
• Indirect Universal Male Suffrage.
• Division of Powers: The legislature is in the hands of the Cortes, the executive in the hands of the King, who can enact laws and even has veto power, and the judiciary.
• Declaration of Liberal Rights of Citizens: Equality before the law, freedom of the press, and freedom of thought.
• Creation of a National Army and Compulsory Military Service.
• Free and Compulsory Primary Education: Challenging the educational monopoly of the Church.
• Confessional State: Catholicism is the official state religion, and others are prohibited.

Constitution of 1876

The new constitution was partly based on the moderate constitution of 1845. It was a conservative text, although with some tolerance, which showed the proximity of the 20th century. It featured shared sovereignty between the Cortes and the King. There was no real separation of powers; this was nuanced, as the King accumulated enormous power. It established a bicameral system, with the Senate and Congress controlled by the King. It was denominational, with the state acknowledging and re-establishing the Catholic Church's subvention. It included a comprehensive statement of freedoms, although restricted by subsequent legislation. It initially used census suffrage, but in 1890, universal suffrage was adopted, although it was nuanced by *caciquismo*.

The Liberal Triennium (1820-1823)

Rafael del Riego and other colonels rose against absolutism and toured Andalusia, proclaiming the Constitution of 1812. The passivity of the army, the actions of the liberal opposition, and the neutrality of the peasants forced the King to become a constitutional monarch on March 10th. Ferdinand appointed a new government and called elections. Much of the reforms of Cádiz were restored, and new norms were also developed. Although this period was very short, the creation of patriotic societies and the political climate allowed liberalism to develop. However, it could not avoid the division of the liberals into two trends: moderates and radicals.

Moderates, or *doceanistas*, favored not scaring the nobility and understanding with the King, working with him, and upholding very limited suffrage. The radicals, or *veinteañistas*, were younger, and many were rebel soldiers from Cabezas de San Juan. They were the most active minority but provoked social disruptions. They favored not just wider suffrage, but universal suffrage. They also created the National Militia to ensure order and defend constitutional reforms.

The King, scared and eager to return to the *ancien régime*, considered seeking assistance from the Holy Alliance, a mutual aid pact between European absolutist powers. Ferdinand VII had been taken to Cádiz by force by the Cortes and the government. He was freed when the French besieged the city and captured the fort of Trocadero on October 1st.