Part 9 — CHAPTER XXXIII

THE GOVERNMENT OF SPAIN

I. The Beginnings of Constitutionalism

667. The Napoleonic Régime and the National Resistance.—It was the fortune of the kingdom of Spain, as it was that of the several Italian states, to be made tributary to the dominion of Napoleon; and in Spain, as in Italy, the first phase of the growth of constitutional government fell within the period covered by the Corsican's ascendancy. Starting with the purpose of punishing Portugal for her refusal to break with Great Britain, Napoleon, during the years 1807-1808, worked out gradually an Iberian policy which comprehended not only the subversion of the independent Portuguese monarchy but also the reduction of Spain to the status of a subject kingdom. In pursuance of this programme French troops began, in February, 1808, the occupation of Spanish strongholds, including the capital. The aged Bourbon king, Charles IV., was induced to renounce his throne and the crown prince Ferdinand his claim to the succession, and, June 6, Joseph Bonaparte, since 1806 king of Naples, was designated sovereign. An assembly of ninety-one pliant Spanish notables, convened at Bayonne in the guise of a junta, was influenced both to "petition" the Emperor for Joseph's appointment and to ratify the projet of a Napoleonic constitution.

Napoleon's seizure of the crown of Spain was an act of sheer violence, and from the outset Joseph was considered by his subjects a simple usurper. The establishment of the new régime at Madrid became the signal for a national uprising which not only compelled the Emperor seriously to modify his immediate plans and to lead in person a campaign of conquest, but contributed in the end to the collapse of the entire Napoleonic fabric. Upon the restoration of some degree of order there followed the introduction of a number of reforms—the sweeping away of the last vestiges of feudalism, the abolition of the tribunal of the Inquisition, the reduction of the number of monasteries and convents by a third, and the repeal of all internal customs. But the position occupied by the alien sovereign was never other than precarious. At no time did he secure control over the whole of the country, and during the successive stages of the Peninsular War of 1807-1814 his mastery of the situation diminished gradually to the vanishing point. At the outset the principal directing agencies of the opposition were the irregularly organized local juntas which sprang up in the various provinces, but before the end of 1808 there was constituted a central junta of thirty-four members, and in September, 1810, there was convened at Cadiz a general Cortes—not three estates, as tradition demanded, but a single assembly of indirectly elected deputies of the people.

II. Political and Constitutional Development, 1833-1876

673. The Constitution of 1869: King Amadeo.—By a revolt which began in September, 1868, the queen was compelled to flee from the country, and, eventually, June 25, 1869, to abdicate. A provisional government effected arrangements for the election of a Cortes by manhood suffrage, and this Cortes, convened at the capital, February 11, 1869, addressed itself first of all to the task of drafting a new national constitution. A considerable number of members advocated the establishment of a republic; but for so radical an innovation there was clearly no general demand, and in the end the proposition was rejected by a vote of 214 to 71. June 1 a constitution was adopted which, however, marked a large advance in the direction of liberalism. It contained substantial guarantees of freedom of speech, freedom of the press, liberty of religion, and the right of petition and of public assembly, and in unequivocal terms the sovereignty of the people was affirmed afresh. A Cortes of two houses was provided for, the members of the Senate to be chosen indirectly by the people through electoral colleges and the provincial assemblies, those of the Congress to be elected by manhood suffrage, the only qualification for voting being the attainment of the age of twenty-five years and possession of ordinary civil rights.

Pending the selection of a sovereign, a regency was established under Marshal Serrano. Among the several dignitaries who were considered—Alfonso (son of the deposed Isabella) the Duke of Montpensier, Ferdinand of Savoy (brother of King Victor Emmanuel of Italy), King Luiz of Portugal, Ferdinand of Saxony, Leopold of Hohenzollern-Sigmaringen, and Prince Amadeo, duke of Aosta, second son of Victor Emmanuel—favor settled eventually upon the last named, who was elected November 19, 1870, by a vote of 191 to 120. At the end of 1870 the new sovereign arrived in Spain, and February 2, 1871, he took oath to uphold the recently established constitution. From the outset, however, his position was one of extreme difficulty. He was opposed by those who desired a republic, by the Carlists, by the adherents of the former crown prince Alfonso, and by the clergy; and as a foreigner he was regarded with indifference, if not antipathy, by patriotic Spaniards generally. February 10, 1873, wearied by the turbulence in which he was engulfed, he resigned his powers into the hands of the Cortes, and by that body his abdication was forthwith accepted. It is a sufficient commentary upon the political character of the reign to observe that within the twenty-four months which it covered there were no fewer than six ministerial crises and three general elections.

III. The Present Constitution

675. The Constitution Adopted.—The year following the re-establishment of the monarchy was consumed largely in the suppression of the Carlists and the reorganization of the government. During this period Cánovas, at the head of a strong Conservative and Clerical ministry, ruled virtually as a dictator, and sooner or later most vestiges of the republic were swept away, while the nation was won over solidly to the new order. At the election of the first Cortes of the Restoration, January 22, 1876, the principle of manhood suffrage was continued in operation, though so docile did the electorate prove that Cánovas was able to secure, in both chambers, a heavy majority which was ready to vote at the Government's behest a franchise system of a much less liberal type. The first important task of this Cortes was the consideration and adoption of a new national constitution. As to the sort of constitution most desirable there was, as ever, wide difference of opinion. The Conservatives favored a revival of the instrument of 1845. The Liberals much preferred a restoration of that of 1869. A commission of thirty-nine, designated May 20, 1875, by a junta convened by Cánovas, had evolved with some difficulty an instrument which combined various features of both of these earlier documents, and by the Cortes of 1876 this proposed constitution was at length accorded definite, though by no means unanimous, assent (June 30). This instrument was put forthwith into operation, and it has remained to this day, substantially without alteration, the fundamental law of Spain. Based essentially upon the constitution of 1845, it none the less exhibits at many points the influence of the liberal principles which underlay the instrument of 1869.

IV. The Crown and the Ministry

680. The Ministry: Organization and Functions.—In Spain, as in constitutional states generally, the powers appertaining to the executive are exercised in the main by the ministers. Concerning the ministry the constitution has little to say. It, in truth, assumes, rather than makes specific provision for, the ministry's existence. It confers upon the crown the power freely to appoint and to dismiss ministers; it stipulates that ministers may be senators or deputies and may participate in the proceedings of both legislative chambers, but may vote only in the chambers to which they belong; and, most important of all, it enjoins that ministers shall be responsible, and that no order of the king may be executed unless countersigned by a minister, who thereby assumes personal responsibility for it. This principle of ministerial responsibility, which found its first expression in Spain in the constitution of 1812, is enforced nowadays sufficiently, at least, to ensure the nation, through the Cortes, some actual control over the policies and measures of the executive. Of ministries there are at present nine, as follows: Foreign Affairs; Justice; Finance; War; Marine; Interior; Public Instruction and Fine Arts; Commerce; and Public Works. At the head of the ministerial council is a president, or premier, who, under royal approval, selects his colleagues, but ordinarily assumes himself no portfolio. It is the function of the ministers not only to serve as the heads of executive departments and to explain and defend in the legislative chambers the acts of the government, but, in their collective capacity, to formulate measures for presentation to the Cortes and, especially, to submit every year for examination and discussion a general budget, accompanied by a scheme of taxation or other proposed means of meeting prospective expenditures. In each chamber there is reserved for the ministers of the crown a front bench to the right of the presiding official. The practice of interpellation exists, although ministries rarely retire by reason of a vote of censure arising therefrom. But any minister may be impeached by the Congress before the Senate. In Spain, as in France and Italy, the parliamentary system is nominally in operation; but, as in the countries mentioned, the multiplicity and instability of party groups render the workings of the system totally different from what they are in Great Britain. Ministries are invariably composite rather than homogeneous in political complexion, with the consequence that they are unable to present a solid front or long to retain their hold upon the nation's confidence.

V. The Cortes

682. Appointment and Election of Senators.—Appointment of senators by the crown is made by special decree, in which must be stated the grounds upon which each appointment is based. In the selection of appointees the sovereign is not entirely free, but since the constitution designates no fewer than twelve classes from which appointments may be made, the range of choice is large. Among the categories enumerated are the presidents of the legislative chambers; deputies who have been members of as many as three congresses, or who have served during as many as eight sessions; ministers of the crown; bishops; grandees; lieutenant-generals of the army and vice-admirals of the navy, of two years' standing; ambassadors, after two years of active service, and ministers plenipotentiary, after four years; presidents and directors of the half-dozen royal academies, and persons who in point of seniority belong within the first half of the list of members of these respective bodies; head professors in the universities, who have held this rank and have performed the duties pertaining to it through a period of four years; and a variety of other administrative, judicial, and professional functionaries. Persons belonging to any one of these groups, however, are eligible for appointment only in the event that they enjoy an annual income of 7,500 pesetas ($1,500), derived from property of their own or from salaries of permanent employments, or from pensions or retirement allowances. In addition to the classes mentioned persons are eligible who for two years have possessed an annual income of 20,000 pesetas, or who have paid into the public treasury a direct tax of 4,000 pesetas, provided that in addition they possess titles of nobility, or have been members of the Cortes, provincial deputies, or mayors in capitals of provinces or in towns of more than 20,000 inhabitants. Appointments are made regularly for life.

VI. Political Parties

686. Party Groups After 1869.—Since the dawn of constitutionalism political life in Spain has comprised much of the time a sheer game between the "ins" and the "outs", in which issues have counted for little and the schemings of the caciques, or professional wire-pullers and bosses, have counted for well-nigh everything. For the exercise of independent popular judgment upon fundamental political questions aptitude has been meager and opportunity rare. Political parties there have been, and still are, and certain of them have exhibited distinct power of survival. Yet it must be observed that even the stablest of them are essentially the creatures of the political leaders and that at no time have they exhibited the broadly national rootage of political parties in other states of western Europe.

Party cleavages in Spain had their beginning early in the nineteenth century, but for the origins of the groups which share in an important manner nowadays in the politics of the kingdom it is not necessary to return to a period more remote than that of the revolution of 1868. Subsequent to the expulsion of Queen Isabella at least four groups were thrown into more or less sharp relief. One was the Carlists, supporters of the claims of Don Carlos and, in respect to political principle, avowed absolutists. A second comprised the Republicans, led by Castelar, whose demand for the establishment of a republic, rejected in 1869, carried the day upon the breakdown of the Amadeo monarchy four years later. Between the Carlists, on the one hand, and the Republicans, on the other, stood the mass of the political leaders, and, so far as may be judged, of the nation also. All were agreed upon the general principle of constitutional monarchy. But upon the precise nature of the government which had been established and of the public policy which ought to be pursued there was, and could be, little agreement. The consequence was a sharp-cut cleavage, by which there were set off in opposition to each other two large parties, the Conservatives and the Liberals; and, save for the brief ascendancy of the Republicans in 1873-1874, it is these two parties which have shared between them the government of the kingdom from the establishment of the limited monarchy in 1869 to the present day. Both of these leading parties have been pledged continuously to maintain the constitution and all of the popular privileges—freedom of speech, liberty of the press, safety of property, the right of establishing associations, and the like—guaranteed by that instrument. Upon the methods by which these things shall be maintained the parties originally divided and still are disagreed. Fundamentally, the policy of the Liberals is to commit the guardianship of public privileges to the courts of justice, while that of the Conservatives is to retain it rather in the hands of the ministerial and administrative authorities. In the normal course of development the Liberal party has tended to draw to itself those liberal elements generally which are satisfied to rely upon legal means for the realization of their purposes, e.g., the free-traders, the labor forces, and many of the socialists. Similarly the Conservative party has attracted a considerable proportion of the reactionaries, especially the Ultramontanes, by whom special stress is placed upon the maintenance of peace with the Vatican, and many representatives of the old Moderate party which was swept out of existence by the overturn of 1868.

687. Liberals and Conservatives: Cánovas and Sagasta.—The first public act of Alfonso XII., following his proclamation as king, December 29, 1874, was to call to his side in the capacity of premier Cánovas del Castillo, by whom was formed a strong Conservative ministry. Consequent upon the convocation of the Cortes of 1876 and the adoption of the new constitution of that year, the various groups of Liberals were drawn into a fairly compact opposition party, supporting the Alfonsist dynasty and the new constitutional régime, but proposing to labor, by peaceful means, for the restoration of as many as possible of the more liberal features of the constitution of 1869. It is of interest to observe that the party, in its earlier years, was encouraged by Cánovas, on the theory that there would be provided by it a natural and harmless outlet for inevitable ebullitions of the liberal spirit. Under the able leadership of Sagasta the development of the party was rapid, and in 1881 Cánovas determined to give the country a taste of Liberal rule. Following a collusive "defeat" the premier retired, whereupon Sagasta was designated premier and a Liberal ministry was established which held office somewhat more than two years. By the Republicans and other radical forces the ministry of Sagasta was harassed unsparingly, just as had been that of Cánovas, and the actual working policies of the two differed in scarcely any particular. Within the Liberal ranks, indeed, a "dynastic Left" became so troublesome that Sagasta, after two years, yielded office to the leader of the disaffected elements, Posada Herrera. The only effect of the experiment was to demonstrate that between the Conservatives led by Cánovas and the Liberals led by Sagasta there was no room for a third party.

In 1885 Cánovas returned to power, but for only a brief interval, for upon the establishment of the regency of Queen Christina, following the death of Alfonso XII., November 25, 1885, Sagasta was called upon to form the first of a series of ministries over which he presided continuously through the ensuing five years. In the memorable Pact of El Pardo it had been agreed between the Liberal and Conservative leaders that each would assist the other in the defense of the dynasty and of the constitution, and although Sagasta had avowed the intention of reintroducing certain principles of the constitution of 1869 he was pledged to proceed in a cautious manner and a conciliatory spirit. The elections of 1884 yielded a substantial Conservative majority in both chambers of the Cortes. None the less the Conservatives accorded the Liberal government their support, until by the elections of 1886 the Liberals themselves acquired control of the two houses. Throughout three years Castelar and the more moderate Republicans co-operated actively with the Government in the re-introduction of jury trial, the revival of liberty of the press, and a number of other liberal measures; but the Government was annoyed continually by attacks and intrigues participated in by both the less conciliatory Republicans and the Carlists. The crowning achievement of the Sagasta ministry was the carrying through of the manhood suffrage act of June 29, 1890. Within a month after the promulgation of the suffrage law the regent gave Sagasta to understand that the time had arrived for a change of leaders. The Cánovas ministry which was thereupon established endured two and a half years, and was given distinction principally by its introduction, in 1892, of the thoroughgoing protectionist régime which prevails in Spain to-day. The Conservatives falling into discord, Cánovas resigned, December 8, 1892; and at the elections of the following year the Conservatives carried only one hundred seats in the Chamber. During the period from December, 1892, to March, 1895, Sagasta was again at the helm.

688. The American War and Ministerial Changes, 1895-1902.—Between 1895 and 1901 there was a rapid succession of ministries, virtually all of which were both made and unmade by situations arising from the war in Cuba and the subsequent contest with the United States. In the hope of averting American intervention a new Cánovas government, established in 1895, brought forward a measure for the introduction of home rule in Cuba, but while the bill was pending, Cánovas was assassinated, August 9, 1897, and the proposition failed. The new Conservative cabinet of General Azcarraga soon retired, and although the Sagasta government which succeeded recalled General Weyler from Cuba and inaugurated a policy of conciliation, the situation had got beyond control and war with the United States ensued. By the succession of Spanish defeats the popularity of the Liberal régime was strained to the breaking point, and at the close of the war Sagasta's ministry gave place to a ministry formed by the new Conservative leader Silvela. The elections of April 16, 1899, yielded the Silvelists a majority and the ministry, reconstituted September 28 of the same year, retained power until March 6, 1901. At that date the Liberals gained the upper hand once more; and, with two brief intervals, Sagasta remained in office until December 3, 1902. Within scarcely more than a month after his final retirement, the great Liberal leader passed away.

689. Parties Since the Death of Sagasta.—A second Silvela ministry, established December 6, 1902, brought the Conservatives again into power. This ministry, which lasted but a few months, was followed successively by four other Conservative governments, as follows: that of Villaverde, May, 1903, to December, 1903; that of Antonio Maura y Montanes, December, 1903, to December, 1904; the second of General Azcarraga, December, 1904, to January, 1905; and the second of Villaverde, from January, 1905, to June, 1905. Of these the most virile was that of Maura, a former Liberal, whose spirit of conciliation and progressiveness entitled him to be considered one of the few real statesmen of Spain in the present generation.

690. The Elections of 1910.—The first important act of Canalejas was to persuade the sovereign, as Moret had vainly sought to do, to dissolve the Cortes, to the end that the Liberal ministry might appeal to the country. The elections were held May 10. They were of peculiar interest by reason of the fact that now for the first time there was put into operation an electoral measure of the recent Maura government whereby it is required that every candidate for a seat in the lower chamber shall be placed in nomination by two ex-senators, two ex-deputies, or three members of the general council of the province. This regulation had been opposed by the Republicans and by the radical elements generally on the ground that it put in the hands of the Government power virtually to dictate candidacies in many electoral districts, and the results seemed fairly to sustain the charge. May 1, in accordance with a provision of the law, 120 deputies—upwards of one-third of the total number to be chosen—were declared elected, by reason of having no competitors. Of these 70 were Liberals, 39 were Conservatives, and the remainder belonged to minor groups. In the districts in which there were contests the Government also won decisively a few days later, as it did likewise in the senatorial elections of May 15. The results of the elections, as officially reported, may be tabulated as follows:

SENATE

CONGRESS OF DEPUTIES Elected indirectly by the people, May 15 Elected by the corporations, etc., May 15 Total elected Immovable portion of Senate Grand Total

Liberals 229 92 11 103 70 173

Dissenting Liberals 0 3 0 3 0 3

Conservatives 107 35 7 42 77 119

Republicans 40 3 1 4 0 4

Carlists 9 4 0 4 2 6

Regionalists 8 4 1 5 0 5

Integrists 7 0 0 0 0 0

Independents 5 1 1 2 16 18

Socialists 1 0 0 0 0 0

Catholics 0 5 0 5 8 13

—— —— —— —— —— ——

406 147 21 168 173[863] 341

VII. The Judiciary and local Government

692. Law and Justice.—The law of Spain is founded upon the Roman law, the Gothic common law, and, more immediately, the Leyes de Toro, a national code promulgated by the Cortes of Toro in 1501. By the constitution it is stipulated that the same codes shall be in operation throughout all portions of the realm and that in these codes shall be maintained but one system of law, to be applied in all ordinary civil and criminal cases in which Spanish subjects shall be involved. The civil code which is at present in operation was put in effect throughout the entire kingdom May 1, 1889. The penal code dates from 1870, but was amended in 1877. The code of civil procedure was put in operation April 1, 1881, and that of criminal procedure, June 22, 1882. A new commercial code took effect August 22, 1885.

Justice is administered in the name of the king. All judgments must be pronounced in open court, and by the constitution it is guaranteed specifically that proceedings in criminal matters shall be public. In every tribunal the state is represented by abogados fiscales (public prosecutors) and counsel nominated by the crown. Magistrates and judges, appointed by the crown, may not be removed, suspended, or transferred, save under circumstances minutely stipulated in the organic judicial laws. But judges are responsible personally for any violation of law of which they may be guilty.

693. Local Government: the Province and the Commune.—Prior to 1833 the Spanish mainland comprised thirteen provinces, by which were preserved in a large measure both the nomenclature and the geographical identity of the ancient kingdoms and principalities from which the nation was constructed. In the year mentioned the number of provinces was increased to forty-seven, at which figure it remains at the present day. The essential agencies of government in the province are two—the governor and the diputacion provincial, or provincial council. The governor is appointed by the crown and it is his function, under the direction of the Minister of the Interior, to represent the central government in the provincial council and in the general administrative business of the province. The provincial council is composed of members chosen by the voters of the province, which means, under the law of June 28, 1890, all male Spaniards of the age of twenty-five. Under the presidency of the governor the body meets yearly, and in the intervals between sessions it is represented by a commission provinciale, or provincial committee, elected annually. The size of the council varies roughly according to the population of the province.

The smallest governmental unit is the commune, and the number of communes in the kingdom is approximately 8,000. In each is an ayuntamiento, or council, the members of which, varying in number from five to thirty-nine, are elected for four years (one-half retiring biennially) by those residents of the commune who are qualified to vote for members of the provincial councils. To serve as the chief executive officer of the municipality the ayuntamiento regularly elects from its own number an alcalde, or mayor, although in the larger towns appointment of the mayor is reserved to the crown.