jueves, 14 de noviembre de 2013

Eighth Lesson. Spain during the Revolutionary period (1776-1814)



8.1. TIMELINE

8.1.1 The revolutionary period (1776-1814)

8.1.1.1 The American revolution (1776-1787)

1773, 16 of December     Boston Tea Party.
1776    The 4th of July. The Declaration of Independence.
1777 October 17. First victory of the rebels at Saratoga. In november                                                                          the members of the Second Continental Congress approve the Articles of Confederation.
1778    The government of Louis XVI signs a treat of Alliance with the rebels, represented by Benjamin Franklin.
1781   Surrender of England’s General Cornwallis at Yorktown.
1783   September 3. Signature of the Peace of Versailles.
1787 September 17. Approval of the federal Constitution by the Continental Congress. (Ratification pending by the states, completed by 1789).

8.1.1.2 The French Revolution (1789-1799)

The origins of the Revolution (May to October of 1789)
1789
5 May. Opening of the Estates General.

17 June. The Third Estate is transformed into a National Assembly.

14 July. The Storming of the Bastille. First popular revolution.

6 October. The people of Paris force the royal family to flee from Versailles to Paris. The Constituent Assembly also moves. Second popular revolution 26 August. Declaration of the Rights of Man and of the Citizen

The stage of the constitutional monarchy (10 October, 1789 - 10 August, 1792)
1789    10 October. The Constituent Assembly grants the king a new title: “Louis, by the grace of God and constitutional law, King of the French.”
1790   14 July. Celebration of the Federation. Origin of the French
1791    
20-21 June. The Flight to Varennes. The king's attempt to flee France is foiled.

3 September. Approval of the first French Constitution.

1 October. Opening of the Legislative Assembly.

1792   

20 April. The Legislative Assembly declares war on Austria.

10 August. Third popular insurrection. The mob overruns the Tuileries Palace. The king and his family are jailed.

The establishment of the first French Republic: the stage of the Convention (September of 1792 - October of 1795)

1792                           
2 - 6 September. Elections to the Convention.
20 September. First military victory of revolutionary France at Valmy.
22 September. Abolition of the monarchy and proclamation of the “republic.” 

1793   
21 January. The execution of Louis XVI.
February. First coalition of European monarchies against  revolutionary France.
24 June. New French Constitution (Constitution de l' An II). Universal masculine suffrage is established. It will be a “virtual” text, its application suspended by the state of emergency declared.
24 November. Implantation of a revolutionary calendar (Fabré d' Églantine) as a measure of “de-Christianization.”

1794                                       
January.  Robespierre seizes power (which he maintains until July).
27 July (9 Termidor, An II). The  Thermidorian Reaction.  Moderates and centrists arrest and execute Robespierre and other “terrorists.”    
22 August. Third French Constitution (L' An III).      

The second stage of the First French Republic: the Directory (October of 1795 - November of 1799)

1796    April. The Conspiracy of Equals (Babeuf).
1798    5 September. The Jourdan Law enacts obligatory military service for unmarried men ages 20 to 25.

8.1.1.3 The Napoleonic Period (1799-1815)

1799               
9 November. Napoleon seizes power through a coup d ' état.
25 December. The Year VII Constitution (1799) enters into force.

1802  2 August. French electors approve of Napoleon becoming sole consul, for life. Two days later the Constitution of the Year X is approved (4 August, 1802).
1804    18 May, 1804 (28 Floréal, An XII). The Senate approves a new constitution under which the government of the Republic is handed over to Napoleon as “Emperor of the French.”   The Constitution is ratified by plebiscite on November 6, 1804.
1805  2 December. Battle of Austerlitz. This victory marks the zenith of Napoleon’s military glory
1808   2 May   Madrid rebels against Napoleon troops. Beginning of the Independence War.

1812     
           
June. Napoleon invades Russia in command of 700,000 men.
December. Napoleon withdraws from Russia in defeat.

1814     

31 March. Marshals force Napoleon to abdicate.
3 April. The Senate removes Napoleon from office.
4 June. Louis XVIII grants the French a charte.

1815                

1 March. Napoleon disembarks in France.
18 June. Napoleon is defeated at Waterloo.
22 June. Napoleon’s second abdication.
14 October. Napoleon reaches St. Helena in the English warship Northumberland.


8.1.2  Spain from 1779 to 1814

8.1.2.1 Reign of Charles III

1779-1783 Spain send money, weapons and munitions for helping American rebels against British armies.
1783    Treaty of Versailles. After the independence of the United States Spain recovers from Great Britain East and West Florida, the coast of Nicaragua, Honduras (Mosquito’s coast) and Campeche and the island of Minorca.

8.1.2.2 Reign of Charles IV

1789 The beginning of the French Revolution makes Floridablanca Spanish prime minister to stop reforms and establish censorship and a reactionary policy to counteract revolutionary propaganda.
1792    15 of November. Manuel Godoy prime minister of Spain.
1793  Spain declares war to the French Convention after the beheading of Louis XVI.
1795 
22 of July   Peace of Basel. Spain accepts the French regime after losing the war.
27 october  Treaty of San Lorenzo (Pinckney’s Treaty). Sapins guarantees the United States rights on the Mississippi River.  
1796  Treaty of San Ildefonso. Spain signs an Alliance with revolutionary France and declares war to Great Britain.
1802  Peace of Amiens. Spain recovers definitely Minorca from Great Britain. Reinforcement of the alliance with France.
1805  21 october. Naval Battle of Trafalgar. The Spanish and French fleets are destroyed by Almiral Nelson.
 1807   Treaty of Fontainebleau. Godoy authorizes Napoleon to cross Spanish border with an army to invade Portugal.

8.1.2.3 War of Independance -Peninsular War- (1808-1814)

1808 
19 of March. Mutiny of Aranjuez against Godoy. Charles IV abdicates on his son Ferdinand VII.
2 of May   The people of Madrid rebels against French troops of Murat.
5 of May     Ferdinand VII and Charles IV abdícate of the Spanish throne on Napoleon. He cedes it to his brother Joseph.
7 of July  Approval of Bayone’s Statute, first Spanish written constitution.
21 of July  Battle of Bailén. A Napoleon’s army is defeated for the first time.
September 25   The anti-Napoleonic Spain names a provisional government (Junta Central Suprema).
November to December         Napoleon come to Spain and conquers Madrid.         

1809  December: The city of Gerona surrender to a French after seven months of fierce resistance.
1810  24 september:  Antinapoleonic Spain representatives meet in extraordinary Cortes in Cadiz. 
1812
19 of March. The Cádiz Cortes approve a constitution for anti-napoleonic Spain.
July-November  Napoleon is defeated in Russia.
1813  June: French troops are heavily defeated in Vitoria.
1814  
2 of February    The Cortes approve a decree forcing Ferdinand VII to accept the 1812 constitution.
4 of may    Ferdinand VII reestablish Absolute monarchy in Valencia and annuls the constitution and all legislation approved by the Cortes.

8.2. SOME WORDS

 AMERICAN REVOLUTION 

Boston Tea Party
Declaration of Independence
Continental Congress
Articles of Confederation
Peace of Versailles
Federal Constitution
Ratification
Bill of Rights

FRENCH REVOLUTION

Estates General
Third Estate
Bastille
Federation day
National Assembly
Constituent Assembly
Legislative Assembly
Flight to Varennes
Valmy
First Republic
Convention
Thermidorian Reaction
Directory
Consulate
Empire
Charte (Louis XVIII)


SPAIN FROM 1779 TO 1814

Peace of Basel
Trafalgar (Battle of)
Treaty of Fontainebleau
Mutiny of Aranjuez
"Juntas" of defence
Junta Central Suprema
Bayone's Statute
Cortes (Cádiz)
Constitution (Cádiz)
Carbonari



8.3 SOME QUESTIONS

1. Why does start the American Revolution against British rule? Think of a legal reason.
2. How does react Spain to the American rebellion? Why?
3. What happens in Versailles on the 17 of June of 1789? Why this event is constitutionally essential
4. What do French people celebrate of July 14?
5. What is the difference between the Constituent and a Legislative assemblies?
6. When and how France turns form a Constitutional monarchy to a Republic?
7. What are the essential periods of the French Revolution (1789-1799)?
8. Why is formed the first European armed coalition against Revolutionary France in 1793?
9. What is the consequence of the constitutional consequence for France of the approval of the third Napoleonic constitution in 1804?
10. How does Spain react to the French Revolution? Think about what happens before and after 1795.
11. Why the Independence War or Peninsula War (1808-1814) has revolutionary consequences in Spain from a constitutional point of view?


8.4 TEXTS

1. The tax revolt as origin of the American revolution

The need to quell an Indian rebellion gave the British government the perfect excuse to maintain a small standing army in the 13 colonies for the first time.  In addition, in order to better control the governors of the various colonial territories George III decided that they were to be paid directly by the Crown instead of being compensated by the different colonial assemblies, as had been the previous practice.

This obviously augmented the cost of maintaining the colonies for the Crown, which sought to pass the expense on to the colonists.  To achieve this it first severely repressed smuggling in order to increase revenue from customs duties.  Next, the Westminster Parliament voted to levy a series of indirect taxes upon the colonists, who responded by rejecting the new taxes, arguing that as British subjects, and according to the constitutional principles of the United Kingdom, they were not obligated to pay any tax which they had not approved. As the American colonists had no representatives in the Westminster Parliament, they asserted, this body had no right to impose taxes on them.

 The unrest created by the “tax dispute” would spark specific incidents which, when exaggerated by the press, exacerbated tensions between London and the colonists.  In 1770 occurred what the colonists called the “Boston Massacre,” an incident in which four protestors were killed by British soldiers who had been harassed in the street.  In 1773 the incident known as the “Boston Tea Party” took place when a group of colonists disguised as Indians threw some 340 chests of tea overboard from a British ship which had just docked in Boston Harbor. The act was intended to protest the king’s plan to monopolize this product . The incident so infuriated George III that he annulled the colony of Massachusetts’  “constitution ” and closed Boston Harbor until the people had defrayed the cost of the lost tea.

2.  The American Revolution as a rupture with the Old Order

While European historians tend to view the colonists’ war against England mainly as a struggle for independence, American historians emphasize its “revolutionary” nature. The colonists, in their view, not only rebelled against their king but, by virtue of the Declaration of Independence of 1776, created a new state inspired by Enlightenment principles and based on a social contract endorsed by the delegates of the states gathered in a series of congresses.

 The very idea of a congress as a meeting called to discuss issues of common interest was in itself already profoundly novel.  In the case of the United States this assembly was essential because each colony had its own system of government and, thus, constituted a kind of embryonic state. In fact, the congress  was the essential instrument of the process which would give rise to the new United States of America.  The 13 colonies, having became independent states, followed the procedure of meeting in a constituent assembly  in which representatives of the former colonies created and approved the texts for state constitutions.  The English had some constitutional texts, such as the Magna Carta or the Bill of Rights of 1689, but they never adopted a comprehensive legislative text governing the state’s functions.  Therefore, by employing written constitutions the thirteen new American states began a new era in the history of western public law.  Through constituent assemblies the states drafted their own constitutions setting down their organization and government principles.

It must be observed that each state’s constitutional process very much affected by the precedent of each colonial charter, which helps one to understand how each new state was able to draw up a constitution so quickly:  they closely followed their own traditions of self-government from the colonial era.  All of them featured an elected assembly, a Governor and a court system.  Generally the power of the governor and the judges was strictly limited, while the legislative assembly was the most powerful body, as it was the institution directly advocating for the citizens’ interests.

The constitutions, in addition, also generally ended up including bills of rights which protected civil liberties against the powers of the new states.  The first was the Virginia Declaration of 1776, which had a major impact on all the subsequent bills of rights.  The Virginia document, then, preceded the Declaration of the Rights of Man and of the Citizen approved by the French constituent assembly in 1789, and the U.S. federal Bill of Rights of 1791. It should be emphasized that these declarations of fundamental rights have constitutional status, making them inviolable by the government.  This, however, was not true of the French Declaration of 1789, which had merely  declarative value. 

3. From voting by estate to one man, one vote: the rebellion of the Third Estate and origin of the French revolution

In order to bend the will of the sovereign and his minister it was necessary for the three estates to unite and act in unison. This would prove to be very difficult, as was evident the following day (6 May) when the nobility and the clergy refused to accede to the patriots' proposal that the traditional ceremony confirming the powers given to each representative and the legality of their election be held in one chamber, in the presence of the representatives of the three classes. The nobles were determined to defend the perpetuation of the traditional practice in which the three classes deliberated separately and voted in blocks as estates. The clergy was less adamant on this point, with some of its members clearly in favor of accepting the Third Estate's proposal. Their flexibility led to what would be a prolonged debate on the issue. As discussions dragged on for more than a month without any agreement being reached, the “patriots,” encouraged by Father Sieyes, decided to act unilaterally in order to secure what they had proposed.

On 17 June, 1789 the representatives of the Third State concluded that, as they represented “96 percent of the nation,” they alone sufficed to constitute the National Assembly and claim total sovereignty with regards to fiscal affairs. This act had immediate consequences because once the clergy heard of this development they unanimously voted to join the Third Estate, leaving the nobles isolated.

4. The forming of the first French Constituent Assembly 27 June of 1789

The unflinching stand taken by the representatives of the Third Estate bent Louis XVI's will. On 27 June he agreed to yield and ordered the representatives of the nobility and the clergy to united with the representatives of the people to form a single estate assembly  in which all individual votes would be counted. The king's decision was “revolutionary” as it marked the end of the system employed by the Estates General ever since 1302, when it had arisen from a thoroughly feudal society,  a development which the representatives wished to make perfectly clear, on that very day establishing themselves as a Constituent Assembly and beginning to discuss the task of drafting a constitution.

The Constituent Assembly held its sessions between 27 June, 1789 and 30 September, 1791. This period spanning two years and three months was without any doubt the most crucial of the entire revolutionary era, as during it the legislative measures were adopted which most contributed to changing France forever. From the point of view of public order the years of the Constituent Assembly and those of the Legislative Assembly (1791-1792) were relatively calm (at least compared to the following period, from 1792-1794) as, despite the popular rebellions of 14 July and 6 October, 1789 the Assembly  managed to maintain public order.

5. The “juntas” and the forming of a constituent power in Spain

In the Napoleonic era, junta (Spanish pronunciation: [ˈxunta]) was the name chosen by several local administrations formed in Spain during the Peninsular War as a patriotic alternative to the official administration toppled by the French invaders. The juntas were usually formed by adding prominent members of society, such as prelates, to the already-existing ayuntamientos (municipal councils).

The juntas of the capitals of the traditional peninsular kingdoms of Spain styled themselves "Supreme Juntas," to differentiate themselves from, and claim authority over, provincial juntas. Juntas were also formed in Spanish America during this period in reaction to the developments in Spain.

Realizing that unity was needed to coordinate efforts against the French and to deal with British aid, several supreme juntas—Murcia, Valencia, Seville and Castile and León—called for the formation of a central one. After a series of negotiations between the juntas and the discredited Council of Castile, which initially had supported Joseph I, a "Supreme Central and Governmental Junta of Spain and the Indies" met in Aranjuez on 25 September 1808, with the Conde de Floridablanca as its president. Serving as surrogate for the absent king and royal government, it succeeded in calling for representatives from local provinces and the overseas possessions to meet in an "Extraordinary and General Cortes of the Spanish Nation," so called because it would be both the single legislative body for the whole empire and the body which would write a constitution for it. By the beginning of 1810, the forces under the Supreme Central Junta's command had suffered serious military reverses—the Battle of Ocaña, the Battle of Alba de Tormes—in which the French not only inflicted large losses on the Spanish, but also took control of southern Spain and forced the government to retreat to Cádiz, the last redoubt available to it on Spanish soil. (See the Siege of Cádiz.) In light of this, the Central Junta dissolved itself on 29 January 1810 and set up a five-person Regency Council of Spain and the Indies, charged with convening the Cortes. Therefore the system of juntas was replaced by a regency and the Cádiz Cortes, which established a permanent government under the Constitution of 1812.

6. The Cadiz Constitution of 1812 (La Pepa)

Retreating before the advancing French and an outbreak of yellow fever, the Supreme Central Junta moved to Isla de León, where it was protected by the British Royal Navy, and abolished itself, leaving a regency to rule until the Cortes could convene.

The origins of the Cortes did not harbor any revolutionary intentions, since the Junta saw itself simply as a continuation of the legitimate government of Spain. The opening session of the new Cortes was held on 24 September 1810 in the building now known as the Real Teatro de las Cortes. The opening ceremonies included a civic procession, a mass, and a call by the president of the Regency, Pedro Quevedo y Quintana, the bishop of Ourense, for those present to fulfill their task loyally and efficiently. Still, the very act of resistance to the French involved a certain degree of deviation from the doctrine of royal sovereignty: if sovereignty resided entirely in the monarch, then Charles and Ferdinand's abdications in favor of Napoleon would have made Joseph Bonaparte the legitimate ruler of Spain.

The representatives who gathered at Cádiz were far more liberal than the elite of Spain taken as a whole, and they produced a document far more liberal than might have been produced in Spain were it not for the war. Few of the most conservative voices were at Cádiz, and there was no effective communication with King Ferdinand, who was a virtual prisoner in France. In the Cortes of 1810-1812, liberal deputies, who had the implicit support of the British who were protecting the city, were in the majority and representatives of the Church and nobility constituted a minority. Liberals wanted equality before the law, a centralized government, an efficient modern civil service, a reform of the tax system, the replacement of feudal privileges by freedom of contract, and the recognition of the property owner's right to use his property as he saw fit. Three basic principles were soon ratified by the Cortes: that sovereignty resides in the nation, the legitimacy of Ferdinand VII as king of Spain, and the inviolability of the deputies. With this, the first steps towards a political revolution were taken, since prior to the Napoleonic intervention, Spain had been ruled as an absolute monarchy by the Bourbons and their Habsburg predecessors. Although the Cortes was not unanimous in its liberalism, the new Constitution reduced the power of the crown, the Catholic Church (although Catholicism remained the state religion), and the nobility.

The Cortes of Cádiz worked feverishly and the first written Spanish constitution was promulgated in Cádiz on 19 March 1812. The Constitution of 1812 is regarded as the founding document of liberalism in Spain and one of the first examples of classical liberalism or conservative liberalism worldwide. It came to be called the "sacred code" of the branch of liberalism that rejected the French Revolution, and during the early nineteenth century it served as a model for liberal constitutions of several Mediterranean and Latin American nations. It served as the model for the Norwegian Constitution of 1814, the Portuguese Constitution of 1822 and the Mexican one of 1824, and was implemented with minor modifications in various Italian states by the Carbonari during their revolt of 1820 and 1821.

As the principal aim of the new constitution was the prevention of arbitrary and corrupt royal rule, it provided for a limited monarchy which governed through ministers subject to parliamentary control. Suffrage, which was not determined by property qualifications, favored the position of the commercial class in the new parliament, since there was no special provision for the Church or the nobility. The constitution set up a rational and efficient centralized administrative system for the whole monarchy based on newly reformed and uniform provincial governments and municipalities, rather than maintaining some form of the varied, historical local governmental structures. Repeal of traditional property restrictions gave liberals the freer economy they wanted.

The first provincial government created under the Constitution was in the province of Guadalajara. Its deputation first met in the village of Anguita in April 1813, since the capital Guadalajara was the site of ongoing fighting.

(From Wikipedia)



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