Natalia Sobrevilla Perea
On 19 March 1812, representatives from across the Hispanic Monarchy put forward a constitution in the Spanish port city of Cádiz. This foundational document was a response to their king’s abdication in favor of Napoleon’s brother Joseph Bonaparte, obtained under pressure from invading French troops. The constitution aimed to address what they viewed as a lack of legitimacy because the monarch was captive, as the drafters expected it would be the basis of government in all the corners of the empire, from Madrid to Mexico and Manila. Written under the protection of the British fleet in the last bastion of the Peninsula that remained unoccupied, the constitution instituted a very extensive male suffrage, freedom of the press, national sovereignty, and the abolition of privileges for citizens from all parts of the vast empire. These measures were the reason why the men who debated the constitution were the first ones to be called liberal. The liberalism of the drafters at Cádiz must be considered in the context of the early nineteenth century. When in 1814 Ferdinand VII returned to Spain, he abolished the constitution. But in 1820 a mutiny of troops forced the king to accept it grudgingly. A constitutional monarchy was established lasting until 1823, when the so-called 100,000 sons of Saint Louis crossed from France to reinstate absolutism. This period came to be known as the Liberal Triennium. In 1836 the Progressives reinstated the Cádiz Constitution, albeit briefly when they passed a new charter in 1837.
Until quite recently there was very limited scholarship on the Cádiz Constitution in English, and, as Roberto Breña shows, even the literature in Spanish had been mostly limited to the study of the text itself and its impact in the peninsula. In the past decade, Atlantic history and studies on the Enlightenment’s influence on revolution in general have led to renewed interest in the Spanish constitutional experience. The reevaluation of Spanish American independence movements in light of the Cádiz Constitution have also sparked debate among historians. François-Xavier Guerra (1992) and Jaime Rodriguez O. (1998)1 consider that it is impossible to understand the process of independence if attention is not paid to Cádiz and the enacting of the constitution. Guerra goes as far as to state that the election of deputies to Cortes was the revolution2 (1993) Bicentennial celebrations have led to a dramatic increase of publications on the constitution. Its importance, especially in influencing subsequent constitutions, is increasingly acknowledged today in academic circles.
In this article I will discuss the calling of the Cortes, the elections that brought representatives from all over the empire to Cádiz, the demands made from far-away provinces, and major issues discussed in the constitutional debates. I conclude by assessing the constitution’s reception, as well as the way in which it influenced the advent of modernity in the Hispanic world and beyond. I begin by discussing the development of constitutional thinking in the late eighteenth century and the beginning of the nineteenth century. A revision of the events that led to the Peninsular War and the context in which the constitution was put forward follows. The article then analyzes the process through which the constitution was passed, the intellectual debates that surrounded it, the impact the charter had in the wider Atlantic world, as well as the role it played in the process of independence in Spanish America. Finally, it ends with a review of how liberalism developed in the Hispanic Monarchy and the long-lasting legacy of the Cádiz Constitution.
Karen B. Graubart
Spanish legal organization required that political communities be represented by a concejo or cabildo, which used customary law to determine and enforce the common good. In the Spanish colonial world, this entailed vesting indigenous communities with jurisdiction and political representation, parallel to that of the municipal cabildo, which represented the common good of most Spanish citizens. Nevertheless, the supposed common good of indigenous and Spanish jurisdictions often intersected or contested one another. In these cases, agents of the Spanish Crown might intervene, or the parties might negotiate new relations. Because Andean cabildos were entreated not to keep minutes of their deliberations or actions, historians have had difficulty in recognizing the role of indigenous authorities in self-governance, and given more credence to the acts of Spanish cabildos and the Crown. But Indian cabildos and caciques took meaningful decisions within their communities, as demonstrated by moments where they came into conflict with Spanish authorities, and as inferred from a small number of documents available for the similar Mexican case.
On August 13, 1521, the conquistadors and their native allies seized Tenochtitlan, the capital of the Aztec empire. The Spaniards succeeded because they had agreed with the Tlaxcalans and other indigenous self-governing communities (altepetl) to fight the Aztecs. After the conquest these communities continued their traditions, and the Spaniards replaced Aztec leadership with their own. The friars and the secular church converted the natives, and together with the crown they foiled the conquistadors’ attempts to become liege lords with jurisdiction. The process culminated in the New Laws of 1542, which curbed the encomienda, a grant to a Spaniard that comprised several Indian towns paying him or her tribute. In its stead a society of corporations evolved, composed of town councils, lay brotherhoods of churches, and others, complete with their own laws and jurisdictions. Then a series of silver strikes beginning at Zacatecas in 1546 drew settlers into the region called the Bajío north of the former Aztec and Tarascan empires. The local natives resisted initially, and when peace came, they and the settlers created a dynamic early capitalist economy that invigorated other regions. The frontier expanded when animal herds moved further north beyond the mines, and the zone of Spanish influence grew to the south as well.
In 1540 Spanish conquistadors and their indigenous allies began seizing the northwestern Yucatan Peninsula, and they took Tiho/Mérida in 1542. The Yucatan, the Bajío, and the other regions that composed colonial Mexico successively integrated into a global commercial network spanning Europe, Africa, and Asia. The crown and the merchant guild (consulado) in Seville sought to capture the burgeoning Atlantic commerce within the fleet shuttling between Seville/Cadiz and Veracruz and restrict the silver flowing from Acapulco to Asia via the Philippines. Market forces defied most of the rules they put in place. Merchants from Asia settled in Manila; Peruvians docked in Acapulco; and the Dutch, French, and English competed with fleet merchants or operated contraband trade from the Caribbean islands to New Spain. In the 18th century, the crown found allies to loosen trade regulations within the empire and curb corporative autonomies. A series of audits (visitas) shook New Spain, and more compliant viceroys and officials appeared, while the friars lost over one hundred parishes (doctrinas) during the mid-century. The king expelled the Jesuits in 1767; registered ships sailing individually replaced the fleet in 1778; and in 1786 José de Gálvez introduced the intendants in New Spain. As the empire transitioned toward a territorial state, Napoleon imprisoned the Spanish king (1808). In 1810 Miguel Hidalgo and a popular following unleashed the War of Independence. As the conflict unfolded, the legitimacy of the old order crumbled, and the empire dissolved in 1821.
Sheep Sovereignties: The Colonization of the Falkland Islands/Malvinas, Patagonia, and Tierra del Fuego, 1830s–1910s
From the moment the expedition of Magellan gave Patagonia its name, it became a land where European fantasies and fears dwelled. A no man’s land inhabited by giant anthropophagites located at the antipodes of civilization, this steppe swept by icy winds was not transformed into a colonial setting until the 19th century. The territory then became the object of an ongoing territorial dispute between the new states of Argentina and Chile, whose efforts to establish sovereignty as landowners languished until the late 1870s. Nomadic indigenous sovereignties had faced slow Western expansion on the continent; here, they were swiftly replaced by sheep. On the continent, the Tehuelche were displaced; on the island of Tierra del Fuego, the Selknam faced extermination. Sheep sovereignty, fully integrated into imperial networks, was the driving force behind local state building. Just as the British pastoral colonization of the Falkland Islands conditioned any possibility of permanent presence in the South Atlantic, the sheep industry, arriving swiftly in the shape of capital, persons, and animals, allowed for the Argentinization and Chileanization of what was once the frontier of civilization. In this sense, the occupation of the Falklands/Malvinas, Patagonia, and Tierra del Fuego may be considered successive colonial processes that form part of the same frontier drive as the Empire in capital.
U.S. foreign policy toward Latin America in the 19th century initially focused on excluding or limiting the military and economic influence of European powers, territorial expansion, and encouraging American commerce. These objectives were expressed in the No Transfer Principle (1811) and the Monroe Doctrine (1823). American policy was unilateralist (not isolationist); it gradually became more aggressive and interventionist as the idea of Manifest Destiny contributed to wars and military conflicts against indigenous peoples, France, Britain, Spain, and Mexico in the Western Hemisphere. Expansionist sentiments and U.S. domestic politics inspired annexationist impulses and filibuster expeditions to Mexico, Cuba, and parts of Central America. Civil war in the United States put a temporary halt to interventionism and imperial dreams in Latin America. From the 1870s until the end of the century, U.S. policy intensified efforts to establish political and military hegemony in the Western Hemisphere, including periodic naval interventions in the Caribbean and Central America, reaching even to Brazil in the 1890s. By the end of the century Secretary of State Richard Olney added the Olney Corollary to the Monroe Doctrine (“Today the United States is practically sovereign on this continent and its fiat is law upon the subjects to which it confines its interposition . . .”), and President Theodore Roosevelt contributed his own corollary in 1904 (“in the Western Hemisphere the adherence of the United States to the Monroe Doctrine may force the United States, however reluctantly, in flagrant cases of wrongdoing or impotence, to exercise an international police power”). American policy toward Latin America, at the turn of the century, explicitly justified unilateral intervention, military occupation, and transformation of sovereign states into political and economic protectorates in order to defend U.S. economic interests and an expanding concept of national security.