Cortes of Cádiz
Cortes of Cádiz
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Cortes of Cádiz

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Cortes of Cádiz

The Cortes of Cádiz was a revival of the traditional cortes (Spanish parliament), which as an institution had not functioned for many years, but it met as a single body, rather than divided into estates as with previous ones.

The General and Extraordinary Cortes that met in the port of Cádiz starting 24 September 1810 "claimed legitimacy as the sole representative of Spanish sovereignty", following the French invasion and occupation of Spain during the Napoleonic Wars and the abdication of the monarch Ferdinand VII and his father Charles IV. It met as one body, and its members represented the entire Spanish Empire, that is, not only Spain but also Spanish America and the Philippines.

The Cortes of Cádiz was seen then, and by historians today, as a major step towards liberalism and democracy in the history of Spain and Spanish America. The liberal Cortes drafted and ratified the Spanish Constitution of 1812, which established a constitutional monarchy and eliminated many institutions that privileged some groups over others.

The French Imperial Army (1804–1815) invaded Portugal (1807) and then Spain (1808), upending the Bourbon monarchy. At the time of the invasion, Charles IV had been at serious odds with his son and heir Ferdinand VII. In March 1808, the Tumult of Aranjuez, first forced Charles IV's first minister Manuel Godoy to be sacked; and then Charles IV himself was forced to abdicate under pressure. French armies were occupying Portugal and Spain, with some 50,000 in the capital Madrid, so that whoever was on the throne of Spain, the monarch had to contend with French troops. Napoleon saw the opportunity to bring down the dysfunctional and weak Bourbon monarchy by pitting father and son against each other further, to his own advantage. He invited Ferdinand VII to Bayonne, France, where Ferdinand thought that Napoleon was going to affirm him as Spain's legitimate ruler. His father Charles and mother María Luisa were also separately called to Bayonne.

After the Dos de Mayo Uprising (2 May) 1808, Napoleon forced Ferdinand to abdicate the throne in favor of his father, who had abdicated under pressure. Because Charles hated his son so much that he did not want him to be his heir, he then abdicated in favor of Napoleon himself. Napoleon turned over the throne of Spain to his older brother Joseph Napoleon, who was crowned in July 1808. Napoleon thought that a reformist regime would be welcomed by the Spanish people, but they chose loyalty to Ferdinand VII. In order to further shore up French dominance and implement structural changes, Napoleon brought together as many aristocrats as possible to Bayonne, where they ratified "the first written constitution of the Spanish-speaking world." This document is variously called the Bayonne Statute and the Bayonne Constitution. It abolished privileges fueros, the inquisition, and preserved the Cortes. Catholicism was kept as the sole religion. It is said that all but a few pro-French Spaniards rejected this document.

From the first days of the Peninsular War, which erupted in Spain; in resistance to the French invasion and occupation of the peninsula, local ruling bodies or juntas appeared as the underground opposition to the French-imposed government. They were established by army commanders, guerrilla leaders or local civilian groups. Convinced that unity was needed to co-ordinate efforts against the French and to deal with British aid, several provincial juntas, in Murcia, Valencia, Seville and Castile and León, called for the formation of a central body. After a series of negotiations that included the discredited Council of Castile, a Supreme Central Junta met in Aranjuez on 25 September 1808. Serving as surrogate for the absent royal government, it called for representatives from local provinces and overseas territories to meet in an "Extraordinary and General Cortes of the Spanish Nation." It was so called because it would be both the legislative body for the empire and the body that would write a constitution for it. By the beginning of 1810, the forces under the Junta's command had suffered serious military reverses at the battles of Ocaña and Alba de Tormes. The French inflicted large losses on the Spanish, took control of southern Spain and forced the government to retreat to Cádiz, its last available redoubt on Spanish soil.

The Supreme Central Junta dissolved itself on 29 January 1810 and set up a five-person Regency, charged with convening the Cortes. The Regency drew up a list of American-born Spaniards already present in Spain. By the time the delegates were to be chosen, some of Spain's American territories had successfully established their own juntas. These did not recognize the authority of either the central junta or the regency and so did not send representatives although many other regions in America did. The Regency made the decision to have the Americans elect representatives from their regions to attend the Cortes. Since part of Spanish America was in open revolt, this question of representatives from those regions was fraught. It was argued that the process was illegal, but the Regency decided it was better to have some American representation than none at all. The Regency set electoral procedures for delegates and the number of seats from each region. There were to be 30 representatives from Spanish America: 15 from northern Spanish America plus the Philippines (which was under the administrative jurisdiction of New Spain). New Spain was allocated 7 suplentes: Guatemala, 2; Cuba, 2; the Philippines, 2; Santo Domingo and Puerto Rico, 1; Spanish South America got 15: Peru, 5; Santa Fé, 3; Buenos Aires, 3; Venezuela, 2; and Chile, 2. Those eligible to serve were to be at least 25 years old and from the place they would represent. Not made explicit was that only males were eligible to serve.

When the Cortes convened for the first time on 24 September 1810, 104 deputies were present, 30 representing overseas territories (interim delegates who were living in Spain at the time of the French invasion). Only one of the 36 American deputies arrived in time for the opening session, Ramón Power y Giralt. Eventually, about 300 deputies, including 63 from the Spanish America, participated. The composition of the Cortes of Cádiz was diverse, with about one-third clerical, one-sixth nobles and the remainder from the "third estate", the middle class. Historians of Mexico have investigated many aspects of New Spain's representation at the Cortes. Among the most prominent delegates at the Cortes were José María Couto, who served as vice president in April 1813; José María Gutiérrez de Terán, who served as secretary, vice president, and president at various points; and Miguel Ramos Arizpe.

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