Constitución de Cádiz - Episodio 3

200 Years of Guatemalan Constitutionalism

The Promulgation of the Constitution of Cádiz

• On March 19, 1812, the Constitution of Cádiz was solemnly promulgated, with crowds celebrating by shouting "¡Viva la Constitución! ¡Viva la Pepa!" This date coincides with St. Joseph's Day, linking the name José (feminine: Josefa) to "Pepe" or "La Pepa."

Significance of the Constitution

• The Constitution became a pivotal democratic instrument in Western history, promoting popular participation against the old regime and establishing a division of powers within the state. It aimed to limit royal authority and eliminate privileges held by nobility and the church.

• It recognized indigenous populations in America and marked a shift towards ideals of liberty, equality, and fraternity that influenced subsequent constitutions in Europe and parts of America. While governing under this constitution, King Ferdinand VI was imprisoned in France.

Political Context in Spain

• During Ferdinand VI's exile, any treaties he signed were deemed invalid by the Cortes de Cádiz due to his absence from Spain. Thus, agreements made during his imprisonment were not recognized.

• In 1813, allied forces from England and Portugal aided Spain in expelling French troops; following their defeat, Ferdinand VI returned as king but faced opposition from those favoring constitutional governance.

Governance Challenges in Guatemala

• In Guatemala, José de Bustamante y Guerra governed conservatively under absolutist principles while facing pressure for constitutional reform from enlightened groups advocating for a new constitution. Despite initial support for the Constitution of Cádiz through an oath taken publicly at Plaza Mayor, Bustamante later opposed it as it undermined Spanish power in America.

• After Ferdinand VI's coronation in 1814 and subsequent rejection of constitutional limits on his power led to a return to absolutism; he dissolved the Cortes and prohibited the constitution while imprisoning key figures involved in its drafting like Antonio de Larra Zábal from Guatemala.

Reactions Against Absolutism

• Following years under Bustamante’s rule without constitutional governance, a rebellion led by Marshal Rafael del Riego forced Ferdinand VI back into compliance with constitutional law on January 1st, 1820. He swore allegiance to the Constitution again amidst growing unrest across Hispanoamerica including Guatemala where political changes began taking shape after Bustamante’s removal from power.

Constitutional Developments in Guatemala

The Adoption of the 1812 Constitution

• In May 1820, the Constitution of 1812 came into effect in Guatemala, marking a significant shift towards independence and self-governance.

• This constitution facilitated political organization and granted freedoms such as expression and press, allowing for non-subversive political activities.

Emergence of Independent Press

• The first independent newspaper, "El Editor Constitucional," was established by Dr. Pedro Molina and his collaborators to critique Spanish rule and advocate for sovereignty.

• The publication faced censorship from Brigadier Gabino Gainza, who had conflicting interests but was forced to engage with the independence movement.

Diverging Political Ideologies

• A rivalry emerged between "El Editor Constitucional" and another newspaper led by José Cecilio del Valle, which advocated for a more measured approach to independence.

• While Molina's ideas were immediate and radical, Valle emphasized consultation and unity before pursuing independence.

Formation of Political Parties

• Following the prohibition of "El Editor Constitucional," a new publication called "El Genio de la Libertad" emerged, continuing the fight for freedom.

• These newspapers laid the groundwork for Guatemala's first political parties: the Liberals (Cacos under Molina) and Conservatives (Gasistas under Valle).

Independence Movements in New Spain

• In 1821, Mexico achieved independence from Spanish rule with Agustín de Iturbide playing a crucial role despite initially opposing insurgents.

• Iturbide's alignment with insurgents led to the Plan de Iguala, which influenced sentiments in Guatemala regarding separation from Spain.

Emergency Meeting on Independence

• On September 15, 1821, an emergency meeting resulted in a decision to separate from Spanish governance amid threats from Iturbide’s forces.

• The act declared that Spanish laws would remain effective until an electoral process could establish a Congress by March 1, 1822.

Call for New Governance Structure

• The act of independence initiated plans for drafting a new constitution through an elected Congress aimed at determining Guatemala's future government structure.

• Gabino Gainza urged provincial representatives to choose wisely as their decisions would significantly impact national welfare.

Challenges Post-Independence Declaration

• Internal conflicts among conservative factions in Guatemala delayed the establishment of this Congress; ultimately leading to annexation by Mexico on January 5, 1822.