Spanish Liberalism and the Constitution of 1812

The National Militia and the Constitution

The National Militia was created as the body responsible for action in each province, serving as the armed wing to defend the liberal platform. Its operation depended on the King and the Cortes. The Constitution had a random effect, as the state of war in Spain made its application very limited; however, it became the ultimate symbol of Spanish liberalism.

The Struggle Between Liberalism and Absolutism

In 1814, Fernando VII abolished the Constitution, returning the nation to the Old Regime. It was later reinstated during the Liberal Triennium (1820-1823). After being abolished once more, it recovered its force following the Sergeants of La Granja revolt in 1836, leading to the elaboration of a new constitution in July 1837.

Key Legislative Reforms of the Cádiz Cortes

In addition to the Constitution, the Cortes developed legislation intended to destroy the Old Regime and establish a liberal system. The most significant laws included:

• Freedom of the Press (October 19, 1810): This provided for the freedom of public opinion, although provincial boards of censorship still monitored religious issues.
• Abolition of the Inquisition (February 22, 1813): While the Inquisition was suppressed, bishops could still intervene in matters contrary to religion.
• Abolition of Seigneurial Jurisdictions (August 6, 1811): Jurisdictional powers were incorporated into the nation, allowing nobles to acquire privately owned land. This led to conflicts between nobles and peasants over ownership. Since ownership was determined by certificates, much of the land passed to the nobles because peasants lacked documentation.

Economic Liberalization and Nationalization

Further decrees aimed to modernize the economy and property rights:

• Nationalization Decree (June 8, 1813): This nationalized the property of traitors, the Inquisition, and suppressed religious orders and convents.
• Abolition of Guilds (June 1813): Coupled with a decree on the freedom of contract, this established freedom of production, procurement, trade, and employment. Consequently, wages fell significantly and working hours were extended. In rural areas, leases became shorter and other costs became more expensive.

Some of these laws could not be fully applied due to the difficulties of war and the subsequent cancellation of the liberal regime by Fernando VII, including attempts at the confiscation of municipal and vacant lands.