1. The War of Independence and the beginnings of the liberal revolution. The Constitution of 1812. Instructions 
1. INTRODUCTION. REIGN OF CHARLES IV 1. 1. FOREIGN POLICY. The beginning of the reign of Charles IV coincides with the outbreak of the French Revolution, so that it became impossible to continue with the enlightened despotism of Carlos III. At first, the minister Floridablanca France decreed isolation. No access news (books, pamphlets, propaganda) of the Revolution. Once the initial dust settles and replaced by Aranda, passed benevolent neutrality. In Spain were vocal supporters of the Revolution, such as Abate Marchena who went to Paris with the Girondins and fierce critics, such as Blessed Fray Diego José de Cádiz.
However, the French events (arrival of the Jacobins) and English (Godoy ascension) change sign of new policy. Godoy try a crazy plan to save the French kings to then deal directly (1793-95) j oiled by England and Austria. Is the War in Catalonia, when General Brown attempted invasion and is answered and expelled. The French go to Miranda de Ebro (Burgos). Signing of the Treaty of Basel.
When the Jacobin Convention is replaced by the Board (1795-1808) is passed to an alliance by the Treaty of San Ildefonso (1796). Godoy After Napoleon to sign a one second Treaty of San Ildefonso (1800), as was attempted invasion of Portugal, the War of the Oranges (1801) - which ended with the Treaty of Badajoz. Godoy was named for this Prince of Peace. Submission to the interests of France that brought the defeat of Trafalgar (1805) Godoy
signature Napoleon
Treaty of Fontainebleau (1807) for planning the invasion of Portugal. Be divided into three parts and Godoy would get one. While antigodoyista party was created, prepared a conspiracy against the king, which was implicated his son, Prince Ferdinand. Is the Conspiracy of the Escorial. After discovering the king pardoned Fernando.
1.2. INTERNAL POLICY Failure of reforming spirit of fear of revolution. Godoy began some timid reforms: Census of Godoy (1797, 1 in the world), land reforms (Jovellanos report on the Agrarian Law), attack the monopolies of the guilds. Liberalization of manufactures, the first confiscation of church property. These measures earned the enmity of much of the nobility and clergy.
Mutiny Aranjuez (March 1808). When French troops entered Spain, Godoy try to move the court to Andalusia and then ship it to America. The people of Madrid, discontent with the French troops, assaults and looting the home of Godoy. Dismisses Carlos IV abdicates in Godoy and Fernando VII.
Fernando, become King, makes his entry into Madrid. Napoleon was in Spain and an army of nearly 100,000 men. Given the irregular shape of accession to the throne by Ferdinand and political situation Godoy times, or the new king could exercise its power and turn back. So when Napoleon called Charles IV and Ferdinand VII to go to Bayonne, agrees. When Fernando came to Bayonne, Napoleon had already announced its intention that the Bourbon reign no more in Spain.
Napoleon imposed the dynastic replacement. Carlos IV protest against the abuse of Aranjuez. Fernando returned to the throne his father and renounced his rights of inheritance as Prince of Asturias. Carlos resign his crown Napoleon, who appointed him as king of Spain to his brother Joseph Bonaparte, who until then had been to Naples. They are called Bayonne abdications
2. THE WAR OF INDEPENDENCE. While the war, the revolution begins Liberal and American territories independence.
Before the appointment of José I no misgivings. The Council of Castile hesitate to accept. This, coupled with the confusing news of Bayonne, causing the popular reaction. On May 2, the mayor of Mostoles publishes a proclamation inciting rebellion against the French army (reflected in the Charge of the Mamelukes
de Goya). The harsh French repression, led by General Murat, makes widespread uprising (
Shootings of May 3rd ): the liberals and ordinary people trying to get a New Regime. The military and the clergy, to return to the Old Regime. Working staff and owners are frightened, collaborators, and the enlightened reformers (Gallic).
revolutionary process in all three core activities can be distinguished (M. Artola):
- Conquest of power -------------------------- ---------------------------- Provincial Boards-> Cortes
- Creation of a new regime ---------- Cadiz Constitution
------------------------------- - Setup society on new theoretical ------ --- ideological reading of the Constitution
The seizure of power began with the formation of the provincial boards and ends with the Cortes of Cadiz. Involves the crisis of the previous system. The mutiny Aranjuez and the abdication of Bayonne are the critical elements in the crisis of the Bourbon monarchy. Also, the passivity of the authorities to the presence of the French. The power vacuum will facilitate the efforts of the lower authorities (as the mayor of Mostoles) and the establishment of institutions unpublished (Provincial Board, Central Board). It brings the power into the hands of institutions arising from the popular uprising. There is no better expression of popular sovereignty.
* POWERS. In practice there are three branches:
1) the Board of Regent of the Council of Castile, who has no power
2) the Provincial Boards. Meetings organized
resistance to the power vacuum.
- fellow citizens on the basis of popular election
- Provincial Boards: controlled by the military, clergy and local landowners, acting as representatives of the State, disregarding the orders of Castile. Are the same privilege before.
- Supreme Council. Are created later in 1808, leading to the
- Central Supreme Council. Aranjuez is created in September 1808, chaired by Floridablanca. In 1809 he moved to Seville and finally to Cadiz. This is the simple management, nothing revolutionary. In January 1810, the Central Board is dissolved, passing power to a Regency, which brought the Courts
3)
JOSE I: "English, has been convening a general meeting of provincial and city councils. I assure myself of your desires and needs. My rights and then deposit it will place your crowning glory to reconcile the sacred authority of the sovereign with the freedoms and privileges of the people "
Proclamation of Napoleon at Bayonne.
On June 6 an imperial decree proclaimed king of Spain José I, who is accompanied by a Board of Notables at Bayonne: 150 people from the three estates (only reached 90%). Produced the Constitution of Bayonne, but in reality is a statute Letter Issued:
-
confessional state - Senate - State Council .- Cortes (consultative)
- Indirect election
and class - something like a declaration of rights: the inviolability of domicile, freedom of trade, habeas corpus ...
Joseph
Fidelity officials I was unwilling to lose his job, and the Enlightenment (Gallic). See the change of dynasty as an opportunity to make reforms. They are "despotic", supporters of the monarchy. They are people like Urquijo or Cabarrus. Jovellanos declined. Rather, they are mediators. After the war will be the first settlers' political. The reforms undertaken are:
- End of the domains
- Public Instruction.
- Extinguishment of debt.
- Translation of the Napoleonic Civil Code.
Most was suspended. Joseph I was busy fighting the French marshals.
2.1 PHASES OF THE WAR - Opposition
uprising. On May 2, is not the beginning, but a symbol. In the 1st half of May uprisings occur in several places. Civilian authorities are passive. There was a plan: a professional army to the nation in arms (Medina de Rioseco defeat).
France withdraws a rapid conquest by the popular reaction (SITES Zaragoza and Gerona, Valencia). Try the invasion of Andalusia to control the routes of the plateau. The Battle of Bailen (July 1808) is the defeat of the French by General Castaños. The French leave Madrid and go Napoleon. Meetings organized declare war and military operations.
- French Predominance
. 1809 French offensive, the Grande Armée (250,000 men). Caen Zaragoza and Madrid. Wellington comes from Portugal. English-English victory and defeat at Ocaña Talavera. In 1810, except for Lisbon and Cadiz Galician parts everything is conquered. It is the time of the guerrillas, Francisco Espoz and Mina, the Stubborn and the priest Merino. It becomes a war of attrition
- English-English Offensive
to: from Portugal, coinciding with Napoleon's campaign in Russia. Enter through Ciudad Rodrigo, which is under siege. Then comes the Anglo-English victory of the Arapiles. The French and Joseph flee I moved to Valencia provisional government. Successes in Vitoria and San Marcial (1813), enter French territory. French capitulation by the Treaty of Valençay (December 1813), which cease hostilities and Fernando VII was restored to the throne.
2.2 Forms of Struggle. - Sites: Zaragoza, Gerona.
- Battles "formal" Bailen, Arapiles (Salamanca), Talavera, San Marcial ... England brings economic, industrial and organizational effectiveness. The French followed the maxim "live in the country," which avoided the supplies.
- Guerrilla. Exponent of popular character of the war. The Peninsular War is a term that is in English in all languages. No need to occupy the land, but harass the enemy. Repression makes the population is increasingly hostile. Revolutionary War, inferiority own universal belligerence, extreme violence (Disasters of War by Goya). Daily average of 100 casualties.
2.3 CONSEQUENCES OF WAR Very expensive. Loss of international status. Climate of expectation to Fernando VII and his captivity in Valençay. Napoleon tries a treaty of peace and friendship that the courts have not accepted. Liberals want to make sure the Constitution is condemned to death who proposed a constitutional change and decide not to accept the de jure king until the Constitution.
3. The Constitution of Cadiz. 3.1 THE CORTES OF CADIZ. electoral rules were made in January 1810, by indirect universal suffrage. There was representation from the boards, cities and American representatives. Apathy on the part of the ancien regime fostered the revolutionary atmosphere. Cadiz, isolated, liberal, liberal clergy also facilitated the call. The session began on September 24 de1810. Approximately 100 members, almost all deputies elected in the city. No comprehensive studies of the representatives, but it seems to dominate the middle class, with intellectual, ecclesiastical (almost one third), military, lawyers, officials, members of the commercial and industrial bourgeoisie. They meet in a single chamber with individual voting. Members can distinguish between absolutists (subservient) and revolutionary deputies (Jovellanos patriots revolutionary or black). Neither the bourgeois revolution took place liberal, nor the clergy and nobility were in full absolutist side, and we can not consider that there were political parties.
The first decree was drawn up MUÑOZ torrero. For this, the courts are attributed to themselves the role of sovereign and representatives of the nation (some suggested an oath as the French in the hall of the ball game.) Fernando VII is recognized as king, declaring void his resignation. Courts have the legislative and the executive, a Regency.
Traditionally there are three phases: 1) changing the political regime (1810-1912), 2) Social transformation (1812-1914) and 3) Economic transformation.
3.2. ANALYSIS AND ASSESSMENT OF THE CONSTITUTION OF 1812. The constitutional work was not raised until 1810. The committee charged with drafting the text was chaired by MUÑOZ torrero, the text was composed by Antonio Ranz Romanillo (translator of the text of Bayonne), but the main role was ARGÜELLES Augustine. It was a long process of struggle with the conservatives.
384 articles, 4 titles. Very long, especially the section devoted to the legislature. Too specific, it was thought to make a perfect constitution would not change. Especially interesting is the preamble which justifies the constitution from standing pat, presenting it as a result of tradition and customary institutions. You do not have a specific statement of rights, but are scattered throughout the text.
Title I,
of the English and the English Nation . It declares the national sovereignty, separation of powers (the legislative power in the King and the Cortes; executive King and does not stop at the judiciary). English is considered the nation as the whole of the English in both hemispheres. Disappears, as the company estates. It defends a Catholic confessional state. The freedoms include the:
- equal
before the law - civil liberty
- inviolability of the home
- criminal and procedural guarantees
-
elementary education - freedom of press (non-religious books)
- freedom to work (against the unions)
-
contractual freedom - freedom of enclosures (against Mesta)
Suffrage is universal, male, for over 25 years. These commissioners elect one (indirect suffrage). To be eligible (passive suffrage) excluding those without an annual income from personal property, to live on their property. It is also incompatible with any other office by royal appointment, or the regular clergy for two years. Can not be deprived of civil rights justice. They are elected by the home province or having lived 7 years in another.
Legislative power is with the Cortes with the King (shared sovereignty). Courts are unicameral. They meet 3 months and in the meantime, a Standing Committee. Has wide powers, makes laws, approves international treaties, makes decisions on succession. Fixed contributions (taxes). The King can not suspend or dissolve the Parliament. Its remit is to propose laws, decrees, repeal, control of foreign troops ...
The Executive is in the hands of the King and the Secretaries of State. You can suspect that his performance was not to be fluid, the king can appoint and remove freely, but are accountable to the Cortes. That is, the king's orders must be signed by the minister, who is responsible for its management. The King has the suspensory veto a law, but the final decision is in the courts. The King has powers relating to taxation, military (Army), appoints the secretaries (ministers), judges, generals, heads of foreign policy. It is sacred, inviolable, unaccountable. Among its restrictions is to dissolve the courts, absent, set taxes, foreign alliances sign abdicate. We propose a centralized bureaucracy and territorial administration (Not held). The reforms of the tax (confiscation to alleviate the public debt, creating an internal market free of customs and indirect taxes by replacing the direct) will not end.
course is very similar to the French, since they have the same purpose. Italian influences in English America.
3.3. LEGISLATIVE WORK IN THE COURTS OF CADIZ Among the legislative work of the Cortes of Cadiz are important decisions are not always issued after the Constitution. For example, the abolition of the feudal system, the property becomes that ancestral Mr. and courts are incorporated in the nation. This measure also eliminated the appointment of municipal officials and all traces of noble justice. But in practice did not so important, since courts in trials tended to consider all the manors and mansions, as the nobility continued to maintain the land.
Regarding economic reforms, also abolishing primogeniture and evidence of nobility to enter military academies. It decreed the freedom to work (deleted guilds) and recruitment. Mesta also disappear. Trade is dignified and trigger the sale of community. There are also attempts to unify and make proportional contributions. All these are attempts to ensure that the property is detached, free and absolute. Also encouraged agriculture and livestock. On the Church
the decision not to return seizures José I, was deleted and Santiago vote is an attempt to confiscation. It abolishes the Inquisition. Also abolish torture.
3.4. COMPANY SET ON SOME NEW THEORETICAL BASES. We step 3 of M. Artola in any revolutionary process (see above). The new ideology showed:
1 º A conception of man according to which the behavior men is determined by the pursuit of happiness. The man is good and not bad as they said the absolutists.
2 º Identification of the happiness with wealth, both because it provides the means to meet human needs, as the only procedure that allows quantification of wealth.
If all aspire to happiness and wealth, we will aim to expand their properties through the use of their time, their ability and their work. Find the wealth is no longer considered bad. In the old regime was a culture that believed that wealth was limited, if someone was enriched meant he was impoverishing the rest of the community. Liberals believe that anyone can become rich, or at least should try. The wealth gap will respond to differences in time, or work capacity of each. The wealth gap will be differences between individuals.
3 The social organization that they create then, will a just society if they meet the rules of the perfect market: freedom, equality and property. The fundamental rights of liberal constitutions.
- By freedom is meant the ability of all individuals to exchange goods without being subject to any rules of a positive nature (no one forced to do anything).
- For Equality means that everyone has the same legal possibilities to achieve positions or wealth, equality before the law ", so that wealth differences reflect only the different skills or dedication of individuals. If we are equal in rights and opportunities that will get rich are smarter or spend more time.
- For property characteristics is understood that the distribution of property is an accurate reflection of the inequality of individual conditions: The property must be:
- Free: trade not excluded by law (eg, not primogeniture)
- Absolute: no restrictions of use.
- Individual: can not belong to any person: state, church, town ...
Under these conditions, the struggle for happiness determines a stratification of social classes (social group characterized by a common economic position, eg. Rich or poor) are defined in terms of wealth characterized into three groups: the rich, poor and middle class. Unlike the estates, allowing social mobility: it can ascend or descend in social status in so far as wealth increases or decreases. Poverty is therefore also necessary as is the incentive for everyone to seek wealth.
these assumptions, we arrive at the institutional recognition of the richest to the most able, who reserves the participation in the political system by voting based on census or restricting the possibility of being candidates
social organization model of liberalism is opposed to the model stratified and correlated with the class interests of the bourgeoisie. Has its point of departure in the individual. The formulation of rights: liberty, equality, property, are those that inspire a class society. The realization of these rights requires estates to destroy society because only then is it possible that the market will regulate everything. We must destroy the unions, the feudal courts, the land of entail, dead hands ...
3.5. DIVERSITY OF APPROACHES IN THE HISTORIOGRAPHY Basically we have 3 positions: an institutionalist, as represented by Francisco Tomas y Valiente, which means the structural process bourgeois revolution that transformed the foundations of the Ancien Regime and established the legal and political conditions necessary for the establishment of a society dominated by the bourgeoisie, organized politically in the form of the liberal state, characterized by the introduction and development of capitalist relations of production and exchange.
Another is the position of Miguel Artola, we have been following in the notepad. The new social organization is the citizen at the point game. The rights to liberty, equality and property under the class society, which forces to destroy the estate society, which is essential for the bourgeoisie to seize power. The economic problems of war and the financial chaos of the Old Regime and the confiscation motivate decisions that benefit the Liberals because it frees the state from a financial burden and puts a mass sale of assets from which benefits the bourgeoisie.
other hand, Josep Fontana, emphasizes the independence war aspect of the liberal revolution, since both the characters and the ideas, including their practical realization, the work of legislators Cadiz was by no means revolutionary. They wanted to change the country, but not by violence, as in France, but moderate proposing solutions. Argüelles boasted of having given stability to the royalty and nobility to leave their property and wealth, his honors and titles, respecting their assets clergy, tithes and temporary immunity
