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The Governments of Europe

Note (Back) — Chapter XXXIII

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670. Maria Christina and the Estatuto Real of 1834.—Ferdinand VII. died September 29, 1833, leaving no son. Regularly since the establishment of the Bourbon dynasty the succession in Spain had been governed by the principle of the Salic Law, imported originally from France. But, to the end that the inheritance might fall to a daughter rather than to his brother, Don Carlos, Ferdinand had promulgated, in 1830, a Pragmatic Sanction whereby the Salic principle was set aside. Don Carlos and his supporters refused absolutely to admit the validity of this act, but Ferdinand was succeeded by his three-year-old daughter, Isabella, and the government was placed in the hands of the queen-mother, Maria Christina of Naples, as regent.[839] Her administration of affairs lasted until 1840. From the constitutional point of view the period was important solely because, under stress of circumstances, the regent was driven to adopt a distinctly liberal policy, and, in time, to promulgate a new constitutional instrument. Don Carlos, supported by the nobility, the clergy, and other reactionary elements, kept up a guerilla war by which the tenure of the "Christinos" was endangered continuously. The regent was herself a thoroughgoing absolutist, but her sole hope lay in the support of the liberals, and to retain that it was necessary for her to make large concessions. The upshot was that in April, 1834, she issued a royal statute (Estatuto Real), whereby there was established a new type of Cortes, comprising two chambers instead of one. The upper house, or Estamento de Proceres, was essentially a senate; the lower, or Estamento de Procuradores, was a chamber of deputies. Members of the Procuradores were to be elected by taxpayers for a term of three years. Upon the Cortes was conferred power of taxation and of legislation; but the Government alone might propose laws, and the Cortes, like its ancient predecessor, was allowed no initiative save that of petitioning the Government to submit measures upon particular subjects. A minimum of one legislative session annually was stipulated; but the sovereign was left free otherwise to convoke and to dissolve the chambers at will. Ministers were recognized to be responsible solely to the crown.

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