It would be tedious and little instructive to our readers to detail the various constitutions under which Spain has been governed since 1812. We will give a sketch, as far as we are able, of the last only. By a comparison of this with the constitution of Cadiz, it will be seen that, in spite of all reactions, Spain has really progressed in the way of freedom and good government.
The constitution of the Spanish monarchy, June 30, 1876, declares Alphonso XII. de Bourbon to be the legitimate King of Spain. His person is inviolable, but his ministers are responsible, and all his orders must be countersigned by a minister. The legislative power resides in the Cortes with the king. The Cortés is composed of two legislative bodies, equal in power—the Senate and the Congress of Deputies.
The Senate is composed (1) of senators by their own right, who are—sons of the kings, grandees of Spain with 3000l. yearly income, the Captain-General of the Forces, the Admiral-in-Chief, the Patriarch of the Indies, the Archbishops, the Presidents of the Council of State, of the Supreme Tribunal, of the National Accounts, of the Council of War, and of Marine, after two years' service; (2) of life senators, named by the crown; (3) of senators elected by the corporations of the State, or the richest citizens—half of these must be renewed every five years. All senators must be thirty-five years of age, and the number of classes (1) and (2) together must not exceed that of the elected senators, which is fixed at 180.
The Congress of Deputies is returned by the electoral Juntas, one deputy being elected for every 50,000 souls. Deputies are elected by universal suffrage, and for a period of five years. The Congress meets every year at the summons of the king, who has power to suspend or close the session; but in the latter case, a new Congress must meet within three months. The president and vice-presidents of the Senate are nominated by the king, those of the Congress are elected from its own body. The initiation of the laws belongs to the king, and to both legislative bodies; but the budget, and all financial matters, must be first presented every year to the Congress of Deputies. No one can be compelled to pay any tax not voted by Congress, or by the legally appointed corporations. The sittings are public, and the person of deputies is inviolable. Ministers may be impeached by the deputies, but are judged by the Senate.
Justice is administered in the king's name, and judges and magistrates are immovable.
The provinces are administered (1) by a governor, who, with his immediate subordinates, is nominated by the Government; (2) by a Provincial Deputation, elected by the householders of the province. All members must be natives of, or residents in, the province; their number varies according to the population. (3) Five members elected from the Provincial Deputation form a Provincial Commission to conduct business when the deputation is not sitting. These authorities and bodies answer nearly to the prefects and general councils of the French departments. They are of much greater political importance in those provinces which have preserved some of their ancient rights than in others.
Below the provincial are the municipal authorities, the Alcaldes (mayors), Ayuntamientos (municipal councils), and the Juntas Municipales. The internal administration of every parish is entrusted to an Ayuntamiento or municipal council, elected by the residents, and composed of the Alcalde or mayor, the Tenientes or assistants, the Regidores or councillors. The Junta Municipal is composed of all the councillors of the Ayuntamiento, and an assembly of three times their number, and by them the municipal accounts are to be audited and revised. The number of the Ayuntamiento varies according to the population; one Alcalde, one Teniente, six Regidores, for 1000; and one Alcalde, ten Tenientes, thirty-three Regidores, for 100,000. The real independence and free action of these bodies varies much in different provinces and in different circumstances. The smaller bodies are quite under the thumb of the central government; the larger ones in the great towns and in the more independent provinces are much less easily influenced.
The Catholic, Apostolic, and Roman is declared to be the religion of the State, and the nation is bound to maintain its worship and its ministers. "But no one shall be molested on Spanish ground for his religious opinions, nor for the exercise of his respective worship, except it be against Christian morals. Nevertheless, no other ceremonies or public manifestations shall be permitted than those of the religion of the State." These last two articles are evidently equivocal, and subject to great diversity of interpretation and of application.
All foreigners are free to settle in Spanish territory, and to exercise therein their respective trades and professions, with the exception of those which require special titles. The expression of opinion, the press, the right of public meeting, of association, and of petition, except from armed bodies, are respectively free. No Spaniard or foreigner can be arrested or detained illegally. He must either be set at liberty or be brought before a judge within twenty-four hours of his arrest. No Spaniard can be arrested without a judge's warrant, and the case must then be heard within seventy-two hours after his arrest; otherwise he must be set at liberty on his own petition or on that of any other Spaniard. Domicile is inviolable. Such are the principal articles of the present Spanish Constitution. In spite of the excess of some republican governments and the reaction of others, real progress has been made, excepting only in the equivocal law on religion, and that on marriages between Catholics and Protestants.
The constitution of the Spanish monarchy, June 30, 1876, declares Alphonso XII. de Bourbon to be the legitimate King of Spain. His person is inviolable, but his ministers are responsible, and all his orders must be countersigned by a minister. The legislative power resides in the Cortes with the king. The Cortés is composed of two legislative bodies, equal in power—the Senate and the Congress of Deputies.
The Senate is composed (1) of senators by their own right, who are—sons of the kings, grandees of Spain with 3000l. yearly income, the Captain-General of the Forces, the Admiral-in-Chief, the Patriarch of the Indies, the Archbishops, the Presidents of the Council of State, of the Supreme Tribunal, of the National Accounts, of the Council of War, and of Marine, after two years' service; (2) of life senators, named by the crown; (3) of senators elected by the corporations of the State, or the richest citizens—half of these must be renewed every five years. All senators must be thirty-five years of age, and the number of classes (1) and (2) together must not exceed that of the elected senators, which is fixed at 180.
The Congress of Deputies is returned by the electoral Juntas, one deputy being elected for every 50,000 souls. Deputies are elected by universal suffrage, and for a period of five years. The Congress meets every year at the summons of the king, who has power to suspend or close the session; but in the latter case, a new Congress must meet within three months. The president and vice-presidents of the Senate are nominated by the king, those of the Congress are elected from its own body. The initiation of the laws belongs to the king, and to both legislative bodies; but the budget, and all financial matters, must be first presented every year to the Congress of Deputies. No one can be compelled to pay any tax not voted by Congress, or by the legally appointed corporations. The sittings are public, and the person of deputies is inviolable. Ministers may be impeached by the deputies, but are judged by the Senate.
Justice is administered in the king's name, and judges and magistrates are immovable.
The provinces are administered (1) by a governor, who, with his immediate subordinates, is nominated by the Government; (2) by a Provincial Deputation, elected by the householders of the province. All members must be natives of, or residents in, the province; their number varies according to the population. (3) Five members elected from the Provincial Deputation form a Provincial Commission to conduct business when the deputation is not sitting. These authorities and bodies answer nearly to the prefects and general councils of the French departments. They are of much greater political importance in those provinces which have preserved some of their ancient rights than in others.
Below the provincial are the municipal authorities, the Alcaldes (mayors), Ayuntamientos (municipal councils), and the Juntas Municipales. The internal administration of every parish is entrusted to an Ayuntamiento or municipal council, elected by the residents, and composed of the Alcalde or mayor, the Tenientes or assistants, the Regidores or councillors. The Junta Municipal is composed of all the councillors of the Ayuntamiento, and an assembly of three times their number, and by them the municipal accounts are to be audited and revised. The number of the Ayuntamiento varies according to the population; one Alcalde, one Teniente, six Regidores, for 1000; and one Alcalde, ten Tenientes, thirty-three Regidores, for 100,000. The real independence and free action of these bodies varies much in different provinces and in different circumstances. The smaller bodies are quite under the thumb of the central government; the larger ones in the great towns and in the more independent provinces are much less easily influenced.
The Catholic, Apostolic, and Roman is declared to be the religion of the State, and the nation is bound to maintain its worship and its ministers. "But no one shall be molested on Spanish ground for his religious opinions, nor for the exercise of his respective worship, except it be against Christian morals. Nevertheless, no other ceremonies or public manifestations shall be permitted than those of the religion of the State." These last two articles are evidently equivocal, and subject to great diversity of interpretation and of application.
All foreigners are free to settle in Spanish territory, and to exercise therein their respective trades and professions, with the exception of those which require special titles. The expression of opinion, the press, the right of public meeting, of association, and of petition, except from armed bodies, are respectively free. No Spaniard or foreigner can be arrested or detained illegally. He must either be set at liberty or be brought before a judge within twenty-four hours of his arrest. No Spaniard can be arrested without a judge's warrant, and the case must then be heard within seventy-two hours after his arrest; otherwise he must be set at liberty on his own petition or on that of any other Spaniard. Domicile is inviolable. Such are the principal articles of the present Spanish Constitution. In spite of the excess of some republican governments and the reaction of others, real progress has been made, excepting only in the equivocal law on religion, and that on marriages between Catholics and Protestants.
Wentworth WEBSTER, Spain, 1882.
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