ABSTRACT OF THE CONSTITUTION.
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At last, on the 18th of March, 1812, after months of labor, the córtes gave to the Spanish monarchy the much desired constitution. It was divided into ten titles, which I epitomize in a note.[1] It was liberal enough in its provisions. To the monarch was not given undue authority. The provinces were guaranteed in the córtes equality of representation with Spain. Negroes and their intermixtures were excluded from citizenship, which in Mexico was deemed a political mistake, giving rise to much discussion.[2] Eighteen deputies from New Spain and
- ↑ Title I. declared that the sovereignty was in the nation, and told what constituted a Spaniard. Title II. defined the Spanish dominions, including therein all American and Asiatic possessions; established the catholic religion to the exclusion of all others; form of government limited hereditary monarchy, with powers divided into legislative, executive, and judicial; and told what constituted a citizen. To descendants of negroes, born in wedlock of parents who were born free, and married to free-born women residing in the Spanish dominions and exercising some profession, trade, or useful industry with sufficient capital of their own, was left open the door of virtue and merit to become citizens. It was enjoined on the córtes to grant letters of citizenship to men or women of color who rendered good services to the country, or distinguished themselves by their talents, industry, and good behavior. Title III. constituted the córtes in one chamber formed of the deputies from the Spanish dominions in Europe, America, and Asia, the basis of representation being the same everywhere, namely, one deputy for every 70,000 inhabitants, and another for an excess of 35,000; every province was to have at least one deputy. The election of deputies was to be made by three successive orders of voting. To have a vote it was necessary only to be a domiciled citizen within the parish, and after 1830 the voter must be able to read and write. Titles IV. and V. treated respectively of the king's powers, and of the organization, etc., of courts. Title VI. suppressed the ayuntamientos, to be superseded by others popularly chosen, which were to have charge of the local police of their towns, of the municipal revenue, public instruction, benevolent establishments. The new ayuntamientos were to be under the supervision of other corporations of higher rank, called diputaciones provinciales, one of which was to exist in each province, and be presided over by the superior chief appointed by the crown, and composed of the intendente and seven members, chosen by the same electors who were to choose the deputies to the córtes. The next three titles referred to civil, fiscal, and military administration, including freedom of the press already established by a law; and the tenth to the observance of the constitution. Esp. y Constituc. Polít., Cádiz, 1812, 8vo, 11. 52 pp. 41.; Id., Cádiz, 1812, 16mo, 1-134; Alaman, Hist. Méj., iii. 10412; Zamacois, Hist. Méj., viii. 550-4; Córtes, Colec. Dec.,ii. 158-64; Arrangoiz, Méj., i. app. 100; Liceaga, Adic. y Rectific., 232-3.
- ↑ The exclusion was represented to the crown as an injustice, in a paper signed by Bishop Friar Antonio de San Miguel of Michoacan, but drawn up by Abad y Queipo, his successor. The ayuntamiento of Guadalajara, though composed of European Spaniards, had instructed the deputy Uría to speak in favor of the African race. The córtes failed to see that the negroes and mulattoes, deprived by the constitution of the rights of citizenship, not only formed the 'batallones de pardos y morenos,' organized for the defence of the burning region of the sea-coast, but had actually rendered most valuable service
