Constituciones Peruanas #08: Constitución Peruana de 1867

Constitution of Peru 1867: Context and Implications

Introduction to the Political Landscape

• The video discusses the Peruvian Constitution of 1867, established after the combat on May 2. Mariano Ignacio Prado called for general elections to maintain power, leading to a new president and constituent congress.

Election Dynamics

• José Balta's candidacy gained traction against Prado, resulting in a fierce electoral battle. Ultimately, Prado was elected president in December 1866 alongside a new congress with 94 deputies and 9 substitutes.

Electoral Reforms and Voter Eligibility

• Changes were made to electoral norms; voting required proof of personal contribution payment. Foreign citizens could be elected, but religious figures and local judges were excluded from eligibility. The constitution reflected moralistic values by suspending citizenship for various reasons including gambling or being divorced due to one's fault.

Establishment of the Constituent Congress

• The Constituent Congress convened on February 15, 1867, proclaiming Prado as provisional president. Tensions arose between the executive branch and congress regarding oversight functions despite its extraordinary status. Most members were liberal, causing unrest among conservative factions who supported traditional values.

Characteristics of the Constitution

• The Constitution was short-lived (August 29, 1867 - January 6, 1868) and deemed incompatible with societal conditions at that time. It aimed for a bicameral parliamentary system but ultimately recognized a unicameral parliament instead while reinstating departmental councils previously abolished by earlier constitutions.

Legislative Provisions

• Key provisions included abolishing capital punishment (aligning with previous constitutions), establishing judicial stability through trials for employee removals, and promoting educational freedom across all levels while instituting complex constitutional reform processes requiring approval across three legislative sessions. Additionally, it maintained Catholicism as the state religion while prohibiting public exercise of other religions—this sparked significant backlash leading to its eventual repeal in Arequipa due to perceived hostility towards clergy members.

Political Structure Adjustments

• The minimum age for presidential candidates was set at 35 years with direct citizen voting mandated; vice presidency was eliminated in favor of council leadership succession during presidential vacancies. Furthermore, judicial appointments were removed from executive influence—congress assumed this responsibility amidst ongoing debates that often led to conflicts within parliament over these constitutional changes.

Political Turmoil in Peru: The Cabinet Crisis of 1867

Background of the Political Situation

• In June 1867, liberal deputies faced aggression from the public as they attempted to enter Congress, leading to a parliamentary interpellation of Tiberio Polis's cabinet.

• The Congress voted for a censure motion against the cabinet, resulting in 38 votes for and 31 against, marking the first time a ministerial cabinet was dismissed by Parliament.

• Despite ministers resigning after just one month in office, President Prado refused to accept their resignations, prompting Congress to pass a law prohibiting him from working with censured ministers.

Media and Public Reaction

• The satirical newspaper "La Campana," opposing Prado's government and edited by Ricardo Palma, mocked the new cabinet led by Pedro Paz Soldán.

• Serious allegations arose against the consignment system due to previous denunciations highlighting significant losses for Peru; this included controversy over an English loan from Thompson.

Rise of Revolutionary Sentiment

• Discontent among conservatives and revolutionaries from 1865 capitalized on this political crisis, rallying around the Constitution of 1860.

• Ramón Castilla emerged as a revolutionary leader but died shortly after initiating uprisings in Tarapacá on May 30, 1867.

Escalation of Revolution

• A major revolt erupted in Arequipa when citizens refused to swear allegiance to the newly established Constitution of 1867; this document was publicly burned on September 11, 1867.

• General Pedro Diez Canseco became recognized as the leader of this revolution while another uprising occurred in Chiclayo under Colonel José Balta.