[Footnote 828: These amounts were substituted in 1909 for 80,000 and 4,000 respectively.]

*655. The Lower Chamber.*—As constituted by law of 1894, modified by the reform act of 1909, the lower chamber consists of 230 members chosen under a system of proportional representation in fifty-six electoral districts, each of which returns from three to seven deputies. The number of members to be chosen in each of the districts is determined triennially, immediately preceding the balloting. Prior to the franchise law of 1909 the suffrage was confined, through property qualifications, within very narrow bounds. The electorate comprised native Swedes twenty-five years of age or over who were qualified as municipal voters and who possessed real property to the taxed value of 1,000 kroner, or who paid taxes on an annual income of at least 800 kroner, or who possessed a leasehold interest for at least five years of a taxable value of 6,000 kroner. In 1902 it was demonstrated by statistics that of the entire male population of the kingdom over twenty-one years of age not more than thirty-four per cent could meet these qualifications.

*656. Beginnings of the Movement for Electoral Reform.*—As early as 1895 insistent demand began to be made in many quarters for an extension of the franchise, and in the Riksdag of 1896 Premier Bostroem introduced a moderate measure looking toward that end and involving the introduction of proportional representation. The bill, (p. 593) however, was defeated. Agitation was continued, and in 1900 the Liberals made electoral reform the principal item of their programme. In 1901 there was passed a sweeping measure for the reorganization of the army whereby were increased both the term of military service and the taxes by which the military establishment was supported. Argument to the effect that such an augmentation of public burdens ought to be accompanied by an extension of public privileges was not lost upon the members of the Conservative Government, and at the opening of the Riksdag of 1902 the Speech from the Throne assigned first place in the legislative calendar to a Suffrage Extension bill. March 12 the measure was laid before the chambers. The provisions of the bill were, in brief, (1) that every male citizen, already possessed of the municipal franchise, who had completed his twenty-fifth year and was not in arrears in respect to taxes or military service, should be entitled to vote for a member of the lower national chamber; and (2) that every voter who was married, or had been married, or had completed his fortieth year, should be entitled to two votes. By reason of its plural voting features the measure was not well received, even though the plural vote was not made in any way dependent upon property. It was opposed by the Liberals and the Social Democrats, and members even of the Conservative Government which had introduced it withheld from it their support. Amidst unusual public perturbation the Liberals drew up a counter-proposal, which was introduced in the lower chamber April 16. It contemplated not simply one vote for all male citizens twenty-five years of age who possessed the municipal franchise, but also a sweeping extension of the municipal franchise itself. The upshot was the adoption by the Riksdag of a proposal to the effect that the Government, after conducting a thorough investigation of the entire subject, should submit, in 1904, a new measure based upon universal suffrage from the age of twenty-five.

*657. The Conservative Proposal of 1904.*—The issue was postponed, but agitation, especially on the part of the Social Democrats, was redoubled. February 9, 1904, the Government laid before the lower chamber a new suffrage bill embodying the recommendations of a commission appointed some months previously to conduct the investigation which had been ordered. The principal provisions of the measure were (1) that every male municipal taxpayer who had attained his twenty-fifth year, and was not deficient in respect to his fiscal or military obligations, should be entitled to one vote for a member of the Chamber; and (2) that the 230 legislative seats should be distributed among thirty-three electoral districts, and should be filled by deputies chosen according to the principle of (p. 594) proportional representation. The introduction of this measure became the signal for the appearance of a multitude of projects dealing with the subject, most of which discarded proportional representation but imposed still fewer restrictions upon the franchise. In the upper house the Government's proposal, modified somewhat to meet the demands of the agrarian interests, was passed by a vote of 93 to 50; but in the lower chamber the substance of it was rejected by the narrow margin of 116 to 108.

In view of the continued support of the upper house and the meagerness of the opposition majority in the lower, the Government, at the opening of the Riksdag of 1905, submitted afresh its suffrage bill without material modification. Again there was a deluge of counter-proposals, the most important of which was that introduced March 18 by Karl Staaff, in behalf of the Liberals, to the effect that every citizen in good standing of the age of twenty-four should be entitled to one vote, and that the Chamber should consist of 165 rural and 65 urban members, chosen in single-member constituencies. May 3 and 4 the Government's bill was carried in the upper house by a vote of 93 to 50, but lost in the lower by a vote of 114 to 109. Upon Staaff's project the lower house was almost equally divided.

*658. The Proposal of the Staaff Government, 1906.*—Upon the resignation of the Lundeberg cabinet, October 28, 1905, following the Norwegian separation, a Liberal ministry was made up by Staaff, and when, January 15, 1906, the Riksdag reassembled in regular session the new Government was ready to push to a conclusion the electoral controversy. February 24 Premier Staaff introduced an elaborate measure comprising an amplification of that which had been brought forward by him a year earlier. By stipulating that at the age of twenty-four every man of good character should have one vote the scheme proposed enormously to enlarge the quota of enfranchised citizens, and by apportioning representatives among the town and country districts in the ratio of 65 to 165 it promised to reduce materially the existing over-representation of the towns. It excluded from the franchise bankrupts, persons under guardianship, and defaulters in respect to military service; it required for election at the first ballot, though not at the second, an absolute majority; it stipulated that a rearrangement of constituencies, in accordance with population, should be made every nine years by the king. It gave no place to the principle of proportional representation which had appeared in the proposals of the Conservative ministries of 1904 and 1905; and while favorable mention was made of female suffrage, the authors of the measure avowed the opinion that the injection of (p. 595) that issue at the present moment would endanger the entire reform programme. Amidst renewed public demonstrations the usual flood of counter-projects, several stipulating female suffrage, made its appearance. The upper chamber, dominated by the Conservatives, held out for proportional representation, and, May 14, it negatived the Staaff proposal by a vote of 125 to 18. The day following the bill was passed in the lower chamber by a majority of 134 to 94, and a little later proportional representation was rejected by 130 votes to 98.

*659. A Compromise Bill Adopted, 1907.*—Upon the Conservative Government of Lindman which succeeded devolved the task of framing a measure upon which the two chambers could unite. A new bill made its appearance February 2, 1907. Its essential provisions were (1) that the members of the lower chamber should be elected by manhood suffrage (with the limitations specified in the Liberal programme of 1906) and proportional representation; (2) that the number of electoral districts should be fixed at fifty-six, each to return from three to seven members; (3) that members of the upper chamber should be elected by the provincial Landsthings and the municipal councils for six years instead of nine as hitherto, and by proportional representation; and (4) that the municipal suffrage, which forms the basis of the elections to the Landsthing, should be democratized in such a manner that, whereas previously a wealthy elector might cast a maximum of 100 votes in the towns and 5,000 in the rural districts,[829] henceforth the maximum of votes which might be cast by any one elector should be forty. By the Liberals and Social Democrats this measure was denounced as inadequate, although on all sides it was admitted that the changes introduced by it were so sweeping as to amount to a positive revision of the constitution. The spokesmen of the Liberal Union reintroduced the Staaff bill of 1906, and the Social Democrats brought forward a new measure which accorded a prominent place to female suffrage. February 8 the two chambers elected a joint committee to investigate and report upon the Government's project. Various amendments were added to the bill, e.g., one whereby members of the upper chamber henceforth should receive an emolument for their services, and eventually, May 14, the measure was brought to a vote. Despite the apprehensions of the Government, it was carried. In the lower house the vote was 128 to 98; in the upper, 110 to 29.

[Footnote 829: Under the prevailing system, each elector in the towns had one vote for every 100 kroner income, subject to a limit of 100 votes; each one in the country had ten votes for every 100 kroner income, subject to a limit of 5,000 votes.]

*660. Final Enactment, 1909: Woman's Suffrage.*—The measure (p. 596) comprised a series of constitutional amendments, and, in accordance with the requirements in such cases, it remained in abeyance until a newly elected Riksdag (chosen in 1908 and assembled in 1909) should have had an opportunity to take action upon it. In the Riksdag of 1908 ex-Premier Staaff introduced a measure granting female suffrage in parliamentary elections and extending it in municipal elections. But both chambers negatived this and every other proposal offered upon the subject, preferring to support the Government in its purpose to keep the issue of woman's suffrage in the background until the reforms of 1907 should have been carried to completion. Early in the session of 1909 the "preliminary resolution" of 1907 was given the final approval of the chambers. The Liberals, being now interested principally in the woman's suffrage propaganda, did not combat the measure, so that the majorities for its adoption were overwhelming.

The enactment of this piece of legislation constitutes a landmark in Swedish political history. Through upwards of a decade the question of franchise reform had overshadowed all other public issues and had distracted attention from various pressing problems of state. Denounced still by the extremists of both radical and conservative groups, the new law was hailed by the mass of the nation with the most evident satisfaction.[830] The question of woman's suffrage remains. At the elections of 1908 the Liberal party emulated the Social Democrats in the incorporation of this project in its programme, and, April 21, 1909, the Constitutional Committee of the Riksdag recommended the adoption of a measure whereby women should be accorded the parliamentary suffrage and eligibility to sit as members of either chamber. In May, 1911, the essentials of this recommendation were accepted by the lower chamber by a vote of 120 to 92, but by the upper they were rejected overwhelmingly. At the opening of the Riksdag of 1912 the Speech from the Throne announced the purpose of the Government to introduce a measure for the enfranchisement of women, and during the session the promise was redeemed by the bringing (p. 597) forward of a bill in accordance with whose terms every Swede, without distinction of sex, over twenty-four years of age and free from legal disabilities, may vote for members of the lower chamber.

[Footnote 830: In the main, the scheme of proportional representation adopted in Sweden is similar to that in operation in Belgium (see pp. 542-545). Electors are expected to write at the head of their ballot papers the name or motto of their party. The papers bearing the same name or emblem are then grouped together, the numbers in each group are ascertained, and the seats available are allotted to these groups in accordance with the d'Hondt rule, irrespective of the number of votes obtained by individual candidates. The candidate receiving the largest number of votes is declared elected. The papers on which his name appears are then marked down to the value of one-half, the relative position of the remaining candidates is ascertained afresh, and the highest of these is declared elected, and so on. Unlike the Belgian system, the Swedish plan provides for the allotment of but a single seat at a time. Humphreys, Proportional Representation, 296-313.]

III. THE RIKSDAG IN OPERATION—POLITICAL PARTIES

*661. Organization and Procedure.*—By the Riksdag law of 1866 the king is required to summon the chambers annually and empowered to convene extraordinary sessions as occasion may demand. It is within the competence of the king in council to dissolve either or both of the chambers, but in such an event a general election must be ordered forthwith, and the new Riksdag is required to be assembled within three months after the dissolution.[831] The president and vice-presidents of both houses are named by the crown; otherwise the chambers are permitted to choose their officials and to manage their affairs independently. It is specifically forbidden that either house, or any committee, shall deliberate upon or decide any question in the presence of the sovereign. The powers of the Riksdag cover the full range of civil and criminal legislation; but no measure may become law without the assent of the crown. In other words, the veto which the king possesses is absolute. At the same time, the king is forbidden, save with the consent of the Riksdag, to impose any tax, to contract any loan, to dispose of crown property, to alienate any portion of the kingdom, to change the arms or flag of the realm, to modify the standard or weight of the coinage, or to introduce any alteration in the national constitution. Measures may be proposed, not only by the Government, but by members of either house. The relations between the two houses are peculiarly close. At each regular session there are constituted certain joint committees whose function is the preparation and preliminary consideration of business for the attention of both chambers. Most important among these committees is that on laws, which, in the language of the constitution, "elaborates projects submitted to it by the houses for the improvement of the civil, criminal, municipal, and ecclesiastical laws."[832] Other such committees are those on the constitution, on finance, on appropriations, and on the national bank.

[Footnote 831: Art. 109. Dodd, Modern Constitutions, II., 249.]

[Footnote 832: Art. 53. Ibid., II., 234.]

*662. Powers.*—The stipulations of the constitution which relate to finance are precise. "The ancient right of the Swedish people to tax themselves," it is affirmed, "shall be exercised by the Riksdag alone."[833] The king is required at each regular session to lay (p. 598) before the Riksdag a statement of the financial condition of the country in all of its aspects, both income and expenses, assets and debts. It is made the duty of the Riksdag to vote such supplies as the treasury manifestly needs and to prescribe specifically the objects for which the separate items of appropriation may be employed; also to vote two separate amounts of adequate size to be used by the king in emergency only, in the one instance in the event of war, in the other, when "absolutely necessary for the defense of the country, or for other important and urgent purposes."

[Footnote 833: Art. 57. Ibid., 234.]

Finally, the Riksdag is authorized and required to exercise a supervisory vigilance in relation to the several branches of the governmental system. One of the functions of the Constitutional Committee is that of inspecting the records of the Council of State to determine whether there has been any violation of the constitution or of the general laws; and in the event of positive findings the Committee may institute proceedings before the Riksratt, or Court of Impeachment. At every regular session the Riksdag is required to appoint a solicitor-general, ranking equally with the attorney-general of the crown, with authority to attend the sessions of any of the courts of the kingdom, to examine all judicial records, to present to the Riksdag a full report upon the administration of justice throughout the nation, and, if necessary, to bring charges of impeachment against judicial officers. Every third year the Riksdag appoints a special commission to determine whether all of the members of the Supreme Court "deserve to be retained in their important offices." Every third year, too, a commission of six is constituted which, under the presidency of the solicitor-general, overhauls the arrangements respecting the liberty of the press.[834]

[Footnote 834: Arts. 96-100. Dodd, Modern Constitutions, II., 244-245.]

*663. Political Parties: Military and Tariff Questions.*—In Sweden, as in European countries generally, the party alignment which lies at the root of contemporary politics is that of Conservatives and Liberals. Much of the time, however, within the past half-century party demarcations have been vague and shifting, being determined largely in successive periods by the rise and disappearance of various preponderating public issues. The first great question upon which party affiliations were shaped after the accession of Oscar II. in 1872 was that of national defense. The army and navy were recognized at that time to be hopelessly antiquated, and the successive Conservative ministries of the seventies were resolved upon greatly increased expenditures in the interest of military and naval rehabilitation. Against this programme was set squarely that of rigid economy, urged by the strongly organized Landtmannapartiet, or (p. 599) Agricultural party, representing the interests of the landed proprietors, large and small, of the kingdom. The Landtmannapartiet was founded in 1867, immediately following the reconstitution of the Riksdag under the law of 1866, and through several decades it comprised the dominating element in the lower chamber, in addition to possessing at times no inconsiderable amount of influence in the upper one. Throughout the period covered by the Conservative ministry of Baron de Geer (1875-1880) and the Agricultural party's government under Arvid Posse (1880-1883) there was an all but unbroken deadlock between the upper chamber, dominated by the partisans of military expenditure, and the lower, dominated equally by the advocates of tax-reduction. It was not until 1885 that a ministry under Themptander succeeded in procuring the enactment of a compromise measure increasing the obligation of military service but remitting thirty per cent of the land taxes. By this legislation the military and tax issues were put in the way of eventual adjustment.

Already there had arisen a new issue, upon which party lines were chiefly to be drawn during the later eighties and earlier nineties. This was the question of the tariff. The continued distress of the agrarian interests after 1880, arising in part from the competition of foreign foodstuffs, suggested to the landed interests of Sweden that the nation would do well to follow in the path already entered upon by Germany. The consequence was the rise of a powerful protectionist party, opposed by a free trade party with which were identified especially the merchant classes. In 1886 the agrarians procured a majority in the lower chamber, and by 1888 they were in control of both branches. The free trade Themptander ministry was thereupon replaced by the protectionist ministry of Bildt, under which, in 1888, there were introduced protective duties on cereals, and later, in 1891-1892, on manufactured commodities. Step by step, the customs policy developed by Sweden during the middle of the century was reversed completely.

*664. Politics Since 1891.*—July 10, 1891, the Conservative Erik Gustaf Bostroem, became premier, and thereafter, save for a brief interval covered by the von Otter ministry (September, 1900, to July, 1902) this able representative of the dominant agrarian interests continued uninterruptedly at the helm until the Norwegian crisis in the spring of 1905. With the elimination, however, of the tariff issue from the field of active politics, Premier Bostroem adopted an attitude on public questions which, on the whole, was essentially independent. In the later nineties there arose two problems, neither entirely new, which were destined long to occupy the attention of the Government almost to the exclusion of all things else. One of these was the (p. 600) readjustment with Norway. The other was the question of electoral reform. The one affected considerably the fate of ministries, but did not alter appreciably the alignment of parties; the other became the issue upon which party activity largely turned through a number of years. All parties from the outset professed to favor electoral reform, but upon the nature and extent of such reform there was the widest difference of sentiment and policy. During the course of the contest upon this issue the Liberal party tended to become distinctly more radical than it had been in the nineties; and it is worthy of note that the rise of the Social Democrats to parliamentary importance falls almost entirely within the period covered by the electoral controversy. The first Social Democratic member of the Riksdag was elected in 1896. From 1906 to 1911 the Conservative ministry of Lindman, supported largely by the landholding elements of both chambers, maintained steadily its position. At the elections of 1908 the Liberals realized some gains, and at those of 1911 both they and the Social Democrats cut deeply into the Conservative majority. When, in September, 1911, it appeared that the Liberals had procured 102 seats in the lower chamber, the Social Democrats 64, and the Conservatives but 64, the Lindman government promptly resigned and a new ministry was made up by the Liberal leader and ex-premier Staaff. The invitation which was extended the Social Democrats to participate in the forming of the ministry was declined. In October the upper chamber was dissolved, for the first time in Swedish history, and at the elections which were concluded November 30 the Liberals and Social Democrats realized another distinct advance. Before the elections the chamber contained 116 Conservatives, 30 Liberals, and 4 Social Democrats; following them the quotas were, respectively, 87, 51, and 12.[835]

[Footnote 835: V. Pinot, Le parlementarisme suedois, in Revue Politique et Parlementaire, Sept. 10, 1912.]

IV. THE JUDICIARY AND LOCAL GOVERNMENT

*665. The Courts.*—In theory the judicial power in Sweden, being lodged ultimately in the crown, is indistinguishable from the executive; in practice, however, it is essentially independent. The constitution regulates with some minuteness the character of the principal tribunal, the Hoegsta Domstolen, or Supreme Court, but leaves the organization of the inferior courts to be determined by the king and the Riksdag. The Supreme Court consists of eighteen "councillors of justice" appointed by the crown from among men of experience, honesty, and known legal learning. The functions of the court are largely (p. 601) appellate, but it is worthy of note that in the event that a request is made of the king by the lower courts, or by officials, respecting the proper interpretation of a law, the Supreme Court is authorized to furnish such interpretation, provided the subject is a proper one for the consideration of the courts. Cases of lesser importance may be heard and decided in the Supreme Court by five, or even four, members, when all are in agreement. In more important cases at least seven judges must participate. When the king desires he may be present, and when present he possesses two votes in all cases heard and decided. When the question is one of legal interpretation he is entitled to two votes, whether or not he actually attends the proceedings. All decisions are rendered in the name of the king. The inferior tribunals comprise 212 district courts, or courts of first instance, and three higher courts of appeal (hofratter), situated at Stockholm, Joenkoeping, and Kristianstad. In the 91 urban districts the court consists of the burgomaster and at least two aldermen; in the 121 rural districts, of a judge and twelve elected and unpaid peasant proprietors serving as jurymen. No person occupying judicial office may be removed save after trial and judgment.

*666. Local Government.*—The kingdom is divided into twenty-five administrative provinces or counties (lan).[836] The principal executive official in each is a landshoefding, or prefect, who is appointed by the crown and assisted by a varying number of bailiffs and sub-officials. Each province has a Landsthing, or assembly, which meets for a few days annually, in September, under the presidency of a member designated by the crown. All members are elected directly by the voters of the towns and rural districts, in accordance with the principle of proportional representation, and under a body of franchise regulations which, while much liberalized in 1909, still is based essentially upon property-holding. The function of the Landsthing is the enactment of provincial legislation and the general supervision of provincial affairs. In a few of the larger towns—Stockholm, Goeteborg, Malmoe, Norrkoeping, and Gaefle—these functions are vested in a separate municipal council. The conditions under which purely local affairs are administered are regulated by the communal laws of March 21, 1862. Each rural parish and each town comprises a self-governing commune. Each has an assembly, composed of all taxpayers, which passes ordinances, elects minor officials, and decides petty questions of purely communal concern.

[Footnote 836: One of these comprises simply the city of Stockholm.]



PART IX.—THE IBERIAN STATES (p. 603)



CHAPTER XXXIII

THE GOVERNMENT OF SPAIN

I. THE BEGINNINGS OF CONSTITUTIONALISM

*667. The Napoleonic Regime 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 regime 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. (p. 604) 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.

*668. The Constitution of 1812.*—Professing allegiance to the captive Ferdinand, the Cortes of 1810 addressed itself first of all to the prosecution of the war and the maintenance of the national independence, but after a year it proceeded to draw up a constitution for a liberalized Bourbon monarchy. Save the fundamental decree upon which rested nominally the government, of Joseph Bonaparte, this constitution, promulgated March 19, 1812, was the first such instrument in Spanish history. It was, of course, the first to emanate from Spanish sources. Permeating it throughout were the radical principles of the French constitution of 1791. It asserted unreservedly the sovereignty of the people and proclaimed as inviolable the principle of equality before the law. Executive authority it intrusted to the king, but the monarch was left so scant a measure of independence that not only might he never prorogue or dissolve the Cortes, but not even might he marry or set foot outside the kingdom without express permission. For the actual exercise of the executive functions there were created seven departments, or ministries, each presided over by a responsible official. The fundamental powers of state were conferred upon a Cortes of one chamber, whose members were to be elected for a term of two years by indirect manhood suffrage. Various features of the French constitution which experience had shown to be ill-advised were reproduced blindly enough, among them the ineligibility of members of the legislative body for re-election and the disqualification of ministers to sit as members. The government of the towns was intrusted to the inhabitants; that of the provinces, to a governor appointed by the central authorities and an assembly of deputies popularly chosen for a term of four years. As the starting point of Spanish constitutional development the fundamental law of 1812 is of genuine interest. It is not to be imagined, however, that the instrument reflects with any degree of accuracy the political sentiment and ideals of the mass of the Spanish people. On the contrary, it was the work of a slender (p. 605) democratic minority, and it was never even submitted to the nation for ratification. It was a product of revolution, and at no time was there opportunity for its framers to put it completely into operation.[837]

[Footnote 837: For brief accounts of the Napoleonic regime in Spain see Cambridge Modern History, IX., Chap. 11 (bibliography, pp. 851-853); Lavisse et Rambaud, Histoire Generale, IX., Chap. 6; A. Fournier, Life of Napoleon the First, 2 vols., (new ed. New York, 1911), II., Chaps. 14-15; J. H. Rose, Life of Napoleon I. (London, 1902), Chap. 28; M. A. S. Hume, Modern Spain, 1788-1898 (London, 1899), Chaps. 2-4; and H. B. Clarke, Modern Spain, 1815-1898 (Cambridge, 1906), Chap. 1. Of the numerous histories of the Peninsular War the most celebrated is W. Napier, History of the War in the Peninsula and the South of France, 1807-1814, 10 vols. (London, 1828).]

*669. The Restoration and the Reign of Ferdinand VII.*—Upon the fall of Napoleon the legitimate sovereign, under the name of Ferdinand VII., was established forthwith upon the Spanish throne. At one time he had professed a purpose to perpetuate the new constitution, but even before his return to Madrid he pronounced both the constitution and the various decrees of the Cortes "null and of no effect," and when the Cortes undertook to press its claims to recognition it found itself powerless. In the restoration of absolutism the king was supported not only by the army, the nobility, and the Church, but also by the mass of the people. For constitutional government there was plainly little demand, and if Ferdinand had been possessed of even the most ordinary qualities of character and statesmanship, he might probably have ruled successfully in a perfectly despotic manner throughout the remainder of his life. As it was, the reaction was accompanied by such glaring excesses that the spirit of revolution was kept alive, and scarcely a twelvemonth passed in the course of which there were not menacing uprisings. In January, 1820, a revolt of unusual seriousness began in a mutiny at Cadiz on the part of the soldiers who were being gathered for service in America. The revolt spread and, to save himself, the king revived the constitution of 1812 and pledged himself to a scrupulous observance of its stipulations. The movement, however, was doomed to prompt and seemingly complete failure. The liberals were disunited, and the two years during which the king was virtually a prisoner in their hands comprised a period of sheer anarchy. The powers of the Holy Alliance, moreover, in congress at Verona (1822), adopted a programme of intervention, in execution of which, in April, 1823, the French government sent an army across the Pyrenees under the command of the Duke of Angouleme. A six months' campaign, culminating in the capture of Cadiz, whither the Cortes had carried the king, served effectively to crush the revolution and to reinstate the sovereign completely in the position which he had (p. 606) occupied prior to 1820. Then followed a fresh period of repression, in the course of which the constitution of 1812 was again set aside, and throughout the remaining decade of the reign the government of the kingdom was both despotic and utterly unprogressive.[838]

[Footnote 838: On the period covered by Ferdinand's reign see Cambridge Modern History, X., Chap. 7 (bibliography, pp. 808-811); Lavisse et Rambaud, Histoire Generale, X., Chap. 6; Clarke, Modern Spain, Chaps. 2-4, and Hume, Modern Spain, 1788-1898, Chaps. 5-6. Extended works which touch upon the constitutional aspects of the period include: H. Gmelin, Studien zur Spanischen Verfassungsgeschichte des neunzehnten Jahrhunderts (Stuttgart, 1905); G. Diercks, Geschichte Spaniens (Berlin, 1895); A. Borrego, Historia de las Cortes de Espana durante el siglo XIX. (Madrid, 1885); and M. Calvo y Martin, Regimem parlamentario de Espana en el siglo XIX. (Madrid, 1883). A valuable essay is P. Bancada, El sentido social de la revolucion de 1820, in Revista Contemporanea (August, 1903).]

II. POLITICAL AND CONSTITUTIONAL DEVELOPMENT, 1833-1876

*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 (p. 607) 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.

[Footnote 839: In the mediaeval states of Spain there was no discrimination against female succession. The Spanish Salic Law was enacted by a decree of Philip V. in 1713, at the close of the War of the Spanish Succession. Its original object was to prevent the union of the crowns of France and Spain. In view of the change which had come in the international situation, Charles IV., supported by the Cortes, in 1789 abrogated the act of 1713 and re-established the law of Siete Partidas which permitted the succession of women. This measure was recorded in the archives, but was not published at the time; so that what Ferdinand VII. did was simply to publish, May 19, 1830, at the instigation of the Queen, this pragmatica, or law, of 1789. The birth of Isabella occurred the following October 10.]

*671. The Constitution of 1837.*—Toward the establishment of constitutional government the Statute of 1834 marked some, albeit small, advance. The Moderados, or moderate liberals, were disposed to accept it as the largest concession that, for the present, could be expected. But the Progressistas, or progressives, insisted upon a revival of the more democratic constitution of 1812, and in 1836 the regent was compelled by a widespread military revolt to sign a decree pledging the Government to this policy. A constituent Cortes was convoked and the outcome was the promulgation of the constitution of June 17, 1837, based upon the instrument of 1812, but in respect to liberalism standing midway between that instrument and the Statute of 1834. Like the constitution of 1812, that of 1837 affirmed the sovereignty of the nation and the responsibility of ministers to the legislative body. On the other hand, the Cortes was to consist, as under the Statute, of two houses, a Senate and a Congress. The members of the one were to be appointed for life by the crown; those of the other were to be elected by the people for three years. In a number of respects the instrument of 1837 resembled the recently adopted constitution of Belgium, even as the Statute of 1834 had resembled the French Charter of 1814. In the words of a Spanish historian, the document of 1837 had the two-fold importance of "assuring the constitutional principle, which thenceforth was never denied, and of ending the sentiment of idolatry for the constitution of 1812."[840]

[Footnote 840: R. Altamira, in Cambridge Modern History, X., 238.]

*672. The Constitution of 1845.*—October 12, 1840, the regent Maria Christina was forced by the intensity of civil discord to abdicate and to withdraw to France. Her successor was General Espartero, leader of the Progressistas and the first of a long line of military men to whom it has fallen at various times to direct the governmental (p. 608) affairs of the Spanish nation. November 8, 1843, the princess Isabella although yet but thirteen years old, was declared of age and, under the name of Isabella II., was proclaimed sovereign. Her reign, covering the ensuing twenty years, comprised distinctly an era of stagnation and veiled absolutism. Nominally the constitution of 1837 continued in operation until 1845. At that time it was replaced by a revised and less liberal instrument, drawn up by the Moderados with the assistance of an ordinary Cortes. The duration of the Cortes was extended from three to four years, severer restrictions upon the press were established, supervision of the local authorities was still further centralized, and the requirement that the sovereign might not marry without the consent of the Cortez was rescinded. In the course of a revolutionary movement in 1854 there was convoked a constituent Cortes, dominated by Moderates and Progressives. The constitution which this body framed, comprising essentially a revival of the instrument of 1837, was never, however, put in operation. In the end, by a royal decree of 1856, the constitution of 1845 was amended and re-established. Save for some illiberal amendments of 1857,[841] which were repealed in 1864, this instrument of 1845 continued in operation until 1868. Throughout the period, however, constitutionalism was hardly more than a fiction.[842]

[Footnote 841: One established conditions under which senatorial seats might be made hereditary.]

[Footnote 842: Cambridge Modern History, X., Chap. 7; XI., Chap. 20; Lavisse et Rambaud, Histoire Generale, X., Chap. 6; XI., Chap. 9; Hume, Modern Spain, Chaps. 7-12; Clarke, Modern Spain, Chaps. 5-11; Mariano, La Regencia de D. Baldomero Espartero (Madrid, 1870); J. Perez de Guzman, Las Cortes y los Gobiernos del reinado de Da Isabel II., in La Espana Moderna, 1903.]

*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 (p. 609) 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.

*674. The Republic (1873-1875): Monarchy Restored.*—The breakdown of the elective monarchy, following thus closely the overthrow of absolutism, cleared the way for the triumph of the republicans. The monarchist parties, confronted suddenly by an unanticipated situation, were able to agree upon no plan of action, and the upshot was that, by a vote of 258 to 32, the Cortes declared for a republic and decreed that the drafting of a republican constitution should be undertaken by a specially elected convention. Although it was true, as Castelar asserted, that the monarchy had perished from natural causes, that the republic was the inevitable product of existing circumstance, and that the transition from the one to the other was effected without bloodshed, it was apparent from the outset that republicanism had not, after all, struck root deeply. A constitution was drawn up, but it was at no time really put into operation. The supporters of the new regime were far from agreed as to the kind of republic, federal or (p. 610) centralized, that should be established;[843] the republican leaders were mutually jealous and prone to profitless theorizing; the nation was lacking in the experience which is a prerequisite of self-government.[844] At home the republic was opposed by the monarchists of the various groups, by the clergy, and by the extreme particularists, and abroad it won the recognition of not one nation save the United States. The presidency of Figueras lasted four months; that of Pi y Margall, six weeks; that of Salmeron, a similar period; that of Castelar, about four months (September 7, 1873, to January 3, 1874). Castelar, however, was rather a dictator than a president, and so was his Conservative successor Serrano. By the beginning of 1874 it was admitted universally that the only escape from the anomalous situation in which the nation found itself lay in a restoration of the legitimist monarchy, in the person of Don Alfonso, son of Isabella II. The collapse of the republic was as swift and as noiseless as had been its establishment. The principal agency in it was the army, which, in December, 1874, declared definitely for Alfonso, after he had pledged himself to a grant of amnesty and the maintenance of constitutional government. December 31 a regency ministry under the presidency of Canovas was announced, and the new reign began with the landing of the young sovereign at Barcelona, January 10, 1875. Between the premature and ineffective republicanism of the past year, on the one hand, and the absolutism of a Carlist government, on the other, the constitutional monarchy of Alfonso XII. seemed a logical, and to the mass of the Spanish people, an eminently satisfactory, compromise.[845]

[Footnote 843: Castelar favored a consolidated and radical republic; Serrano, a consolidated and conservative republic; Pi y Margall, a federal republic, on the pattern of the United States; Pavia, a republic which should be predominantly military.]

[Footnote 844: In this connection may be mentioned a remark of General Prim, one of the leading spirits in the provisional government of 1868. When asked why at that time he did not establish a republic his reply was: "It would have been a republic without republicans." There was no less a dearth of real republicans in 1873-1874.]

[Footnote 845: On the revolutionary and republican periods see Cambridge Modern History XI., Chap. 20 (bibliography, pp. 945-949); Lavisse et Rambaud, Histoire Generale, XII., Chap. 9; Hume, Modern Spain, Chap. 10; V. Cherbuliez, L'Espagne politique, 1868-1873 (Paris, 1874); W. Lauser, Geschichte Spaniens von dem Sturz Isabellas, 1868-1875 (Leipzig, 1877); E. H. Strobel, The Spanish Revolution, 1868-1875 (London, 1898); E. Rodriguez Solis, Historia del partido republicano espanol (Madrid, 1893); Pi y Margall, Amadeo de Saboya (Madrid, 1884); H. R. Whitehouse, Amadeus, King of Spain (New York, 1897). A significant work is E. Castelar, Historia del movimiento republicano en Europa (Madrid, 1873-1874). Special works dealing with the restoration include A. Houghton, Les origines de la restauration des Bourbons en Espagne (Paris, 1890); Diez de Tejada, Historia de la restauracion (Madrid, 1879).]

III. THE PRESENT CONSTITUTION (p. 611)

*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 Canovas, 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 Canovas 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 Canovas, 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.

*676. Contents: Guarantees of Individual Liberty.*—In scope the constitution is comprehensive. Its text falls into thirteen "titles" and eighty-nine articles. Like the constitution of Italy, it contains no provision for its own amendment; but in Spain, as also in Italy, the distinction between constituent and legislative powers is not sharply drawn and a simple act of the legislative body is in practice adequate to modify the working constitution of the kingdom. Among the thirteen titles one of the most elaborate is that in which are defined the rights and privileges of Spanish subjects and of aliens resident in Spain.[846] Among rights specifically guaranteed are those of freedom of speech, freedom of the press, peaceful assemblage, the formation of associations, petition, unrestrained choice of professions, and eligibility to public offices and employments, "according to (p. 612) merit and capacity." Immunities guaranteed include exemption from arrest, "except in the cases and in the manner prescribed by law"; exemption from imprisonment, except upon order of a competent judicial official; freedom from molestation on account of religious opinions, provided due respect for "Christian morality" be shown;[847] and exemption from search of papers and effects and from confiscation of property, save by authority legally competent. It is forbidden that either the military or the civil authorities shall impose any penalty other than such as shall have been established previously by law. Certain guarantees, i.e., those respecting arrest, imprisonment, search, freedom of domicile, freedom of speech and press, assemblage, and associations, may, under provision of the constitution, be suspended throughout the kingdom or in any portion thereof, but only when demanded by the security of the state, and then only temporarily and by means of a specific law. In no case may any other guarantee which is named in the constitution be withdrawn, even temporarily. When the Cortes is not in session the Government may suspend, through the medium of a royal decree, any one of the guarantees which the Cortes itself is authorized to suspend, but at the earliest opportunity such a decree must be submitted to the Cortes for ratification. It need hardly be pointed out that the opportunity for the evasion of constitutionalism which is created by this power of suspension is enormous, and anyone at all familiar with the history of public affairs in Spain would be able to cite numerous occasions upon which, upon pretexts more or less plausible, the guarantees of the fundamental law have been set at naught.[848]

[Footnote 846: No. 1. Dodd, Modern Constitutions, II., 199-203.]

[Footnote 847: By Article II Roman Catholicism is declared to be the religion of the state. "The nation," it is stipulated further, "binds itself to maintain this religion and its ministers." Dodd, Modern Constitutions, II., 201.]

[Footnote 848: An official text of the constitution of 1876 is published by the Spanish Government under the title Constitucion politica de la monarchia Espanola y leyes complementarias (4th ed., Madrid, 1901). The texts of all of the Spanish constitutions of the nineteenth century are printed in the first volume of Muro y Martinez, Constituciones de Espana y de las demas naciones de Europa, con la historia general de Espana (Madrid, 1881); also in the first volume—Constituciones y reglamentos (Madrid, 1906)—of a collection projected by the Spanish Government under the title of Publicaciones Parlamentarias. English versions of the instrument of 1876 appear in British and Foreign State Papers, LXVII. (1875-1876), 118 ff., and Dodd, Modern Constitutions, II., 199-216. An excellent brief treatise on Spanish constitutional development is H. Gmelin, Studien zur spanischen Verfassungsgeschichte des neunzehnten Jahrhunderts (Stuttgart, 1905); on Spanish constitutional law, M. Torres Campos, Das Staatsrecht des Koenigreichs Spanien (Freiburg, 1889), in Marquardsen's Handbuch; on Spanish administrative law, V. Santamaria de Paredes, Curso de derecho administrativo (5th ed., Madrid, 1898); and on the comparative aspects of Spanish institutions, R. de Oloriz, La Constitucion espanola comparada con las de Inglaterra, Estados-Unidos, Francia y Alemania (Valencia, 1904). More extended works of importance include V. Santamaria de Paredes, Curso de derecho politico (6th ed., Madrid, 1898), and A. Posada, Tratado de derecho administrativo (Madrid, 1897-1898). A monumental collection of laws relating to Spanish administrative affairs is M. Martinez Alcubilla, Diccionario de la administracion Espanola, Peninsular y Ultramarina (5th ed., 1892-1894), to which is added annually an appendix containing texts of the most recent laws and decrees. Special treatises of importance are M. M. Calvo, Regimen parlamentario en Espana (Madrid, 1883); J. Costa, Oligarquia y Caciquismo como la forma actual del Gobierno en Espana (Madrid, 1903); and Y. Guytot, L'evolution politique et sociale de l'Espagne (Paris, 1899). Mention may be made of R. Fraoso, Las constituciones de Espana, in Revista de Espana, June-July, 1880.]

IV. THE CROWN AND THE MINISTRY (p. 613)

*677. The Rules of Succession.*—Executive power in the kingdom is vested solely in the crown, although in practice it devolves to a large degree upon the council of ministers. Kingship is hereditary, and in regulation of the succession the constitution lays down the general principle that an elder line shall always be preferred to younger ones; in the same line, the nearer degree of kinship to the more remote; in the same degree of kinship, the male to the female; in the same sex, the older to the younger person. By the original constitution Alfonso XII. was declared to be the legitimate sovereign, and provision was made that if the line of legitimate descendants of Alfonso should be extinguished, his sisters should succeed in the established order; then his aunt (the sister of his mother Isabella II.) and her legitimate descendants; and, finally, the descendants of his uncles, the brothers of Ferdinand VII.[849] It will be recalled that the Pragmatic Sanction of 1830 abolished in Spain the Salic principle and restored the ancient right of females to inherit. Spain is, indeed, one of the few European states in which this right exists. At the same time, as has been pointed out, when the degree of kinship is identical, preference is accorded the male. Thus it came about that the present sovereign, Alfonso XIII., the posthumous son of Alfonso XII., took precedence over his two sisters, both of whom were older than he, and the elder of whom, Maria de las Mercedes, actually was queen from the death of her father, November 25, 1885, until the birth of her brother, May 17, 1886.[850]

[Footnote 849: Arts. 59-61. Dodd, Modern Constitutions, II., 211.]

[Footnote 850: She was, however, but a child five years of age.]

*678. Regencies.*—Any member of the royal family who may be incapable of governing, or who by his conduct may have forfeited his claim to the good-will of the nation, may be excluded from the succession by (p. 614) law. Disputes concerning rights or facts involved in the succession are to be adjusted by law, and in event that all of the family lines mentioned in the constitution should be extinguished it would become the duty of the Cortes to make such disposal of the crown as might be adjudged "most suitable to the nation."[851] Both the sovereign and the heir presumptive are forbidden to marry any person who by law is excluded from the succession. They are, indeed, forbidden to contract a marriage at all until after the Cortes shall have examined and approved the stipulations involved. The age of majority of the sovereign is fixed at sixteen years. When the king is a minor, his father or his mother, or, in default of a living parent, the relative who stands next in the order of succession, is constituted regent, provided always that such person be a Spaniard at least twenty years of age and not by law excluded from the succession. Should there be no one upon whom the regency may lawfully devolve, it is the duty of the Cortes to appoint a regency of one, three, or five persons. If, at any time, in the judgment of the Cortes, the sovereign becomes incapacitated to rule, a regency is required to be vested in the crown prince, provided he be sixteen years of age. In default of a qualified crown prince the regency devolves upon the queen; and in default of both son and queen, upon a person determined in accordance with the rules already mentioned.

[Footnote 851: Art. 62. Dodd, Modern Constitutions, II., 212.]

*679. Powers of the Crown.*—The powers of the crown are of the sort common among continental monarchies. By the constitution they are thrown into two groups, i.e., those which may be exercised freely and independently and those which may be exercised only upon the authorization of a special law. Enumeration of the first group begins with the sweeping statement that "the power of executing the laws is vested in the king, and his authority extends to everything which conduces to the preservation of public order at home and the security of the state abroad, in conformity with the constitution and the laws."[852] Powers specifically named include the approval and promulgation of the laws; the issuing of decrees, regulations, and instructions designed to facilitate the execution of the laws; the appointment and dismissal of ministers and of civil officials generally; command of the army and navy and direction of the land and naval forces; the declaration of war and the conclusion of peace;[853] the conduct of diplomatic and commercial relations with foreign states; the pardoning of offenders; the control of the coinage; (p. 615) and the conferring of honors and distinctions of every kind. Of powers which the sovereign may exercise only in pursuance of authority specially conferred by law there are five, as follows: alienation, cession, or exchange of any portion of Spanish territory; incorporation of new territory; admission of foreign troops into the kingdom; ratification of all treaties which are binding individually upon Spaniards, and of treaties of offensive alliance which stipulate the payment of subsidies to any foreign power, or which relate especially to commerce; and abdication of the crown in favor of the heir-presumptive.

[Footnote 852: Art. 50. Ibid., II., 210.]

[Footnote 853: It is required that subsequent to a declaration of war or the conclusion of peace the king shall submit to the Cortes a report accompanied by pertinent documents.]

*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 (p. 616) 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

*681. The Senate: Composition.*—The legislative powers of the kingdom are vested in "the Cortes, together with the king." The Cortes consists of two co-ordinate chambers, the Senate and the Congress of Deputies. In the composition of the Senate the prescriptive, appointive, and elective principles are curiously intertwined, the chamber containing one group of men who are members in their own right, another who are appointed by the crown and sit for life, and a third who are elected by the corporations of the state and by the large taxpayers. In number the first two categories jointly may not exceed 180; the third is fixed definitely at that figure. In point of fact the life senators nominated by the crown number 100, while the quota of prescriptive members varies considerably. This last-mentioned group comprises grown sons of the sovereign and of the heir-presumptive; the admirals of the navy and the captains-general of the army; the patriarch of the Indies and the archbishops; the presidents of the Council of State, the Supreme Court, the Court of Accounts, and the Supreme Councils of War and Marine, after two years of service; and grandees of Spain[854] in their own right, who are not subjects of another power and who have a proved yearly income of 60,000 pesetas ($12,000) derived from real property of their own, or from rights legally equivalent to real property.[855]

[Footnote 854: The rank of grandee (grande) is a dignity conferred by the sovereign, either for life or as an hereditary honor.]

[Footnote 855: Art. 21. Dodd, Modern Constitutions, II., 204].

*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 (p. 617) 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.

The conditions under which the quota of 180 elected senators are chosen were defined by a statute of February 8, 1877. One senator is chosen by the clergy in each of the nine archbishoprics; one by each of the six royal academies; one by each of the ten universities; five by the economic societies; and the remaining 150 by electoral colleges in the several provinces. The electoral college is composed of members of the provincial deputations and of representatives chosen from among the municipal councillors and largest taxpayers of the towns and municipal districts. But no one may become a senator by election who would be ineligible, under the conditions above mentioned, to be appointed to a seat by the crown. And it is required in all cases that to become a senator one must be a Spaniard, must have attained the age of thirty-five, must have the free management of his property, and must not have been subjected to criminal proceedings, nor have been deprived of the exercise of his political rights. The term of elected senators is ten years. One-half of the number is renewed every five years; but upon a dissolution of the elected portion of the chamber by the crown, the quota is renewed integrally.[856]

[Footnote 856: Arts. 20-26. Dodd, Modern Constitutions, II., 203-206.]

*683. The Congress of Deputies: Composition and Election.*—The lower legislative chamber is composed of deputies chosen directly by the inhabitants of the several electoral districts into which the kingdom is divided. From the adoption of the present constitution until 1890 the franchise was restricted severely by property qualifications. (p. 618) A reform bill which became law June 29, 1890, however, re-established in effect the scheme of manhood suffrage which had been in operation during the revolutionary epoch 1869-1875. Under the provisions of a law of August 8, 1907, by which the electoral system was further regulated, the franchise is conferred upon all male Spaniards who have attained the age of twenty-five, who have resided in their electoral district not less than two years, and who have not been deprived judicially of their civil rights.[857] Except, indeed, in the case of certain judicial officials and of persons more than seventy years of age, the exercise of the voting privilege is, as in Belgium and in some of the Austrian provinces, compulsory. The constitution requires that there shall be at least one deputy for every 50,000 inhabitants. The total membership of the Congress is at present 406. In the majority of districts but a single deputy is chosen, but in twenty-eight of the larger ones two or more are elected by scrutin de liste, with provision for the representation of minorities. In districts in which two or three deputies are to be chosen, each elector votes for one fewer than the number to be elected; in districts where from four to seven are to be chosen, the elector votes for two fewer than the total number; and where the aggregate number is eight to ten, or more than ten, he votes for three or four fewer, respectively. Any Spaniard who is qualified for the exercise of the suffrage is eligible for election, and for indefinite re-election, as a deputy, save that no member of the clergy may be chosen. The term of membership is five years, though by reason of not infrequent dissolutions the period of service is actually briefer. As is true also of senators, deputies receive no pay for their services.[858]

[Footnote 857: There is the customary regulation that soldiers and sailors in active service may not vote.]

[Footnote 858: J. Vila Serra, Manual de elecciones de Diputados a Cortes (Valencia, 1907); J. Lon y Albareda, Nueva ley electoral de 8 de Agosto de 1907, comentada (Madrid, 1907); M. Vivanco y L. San Martin, La reforma electoral (Madrid, 1907).]

*684. Sessions and Status of the Chambers.*—The Cortes, consisting thus of the Senate and the Congress of Deputies, is required by the constitution to be convened by the crown in regular session at least once each year. Extraordinary sessions may be held, and upon the death or incapacitation of the sovereign the chambers must be assembled forthwith. To the crown belongs the power not only to convene, but also to suspend and to terminate the sessions, and to dissolve, simultaneously or separately, the Congress and the elective portion of the Senate. In the event, however, of a dissolution, the sovereign is obliged to convene the newly constituted Cortes within the space of three months. Except when it devolves upon the Senate to exercise (p. 619) its purely judicial functions, neither of the chambers may be assembled without the other. In no case may the two chambers sit as a single assembly, or deliberate in the presence of the sovereign. Each body is authorized to judge the qualifications of its members and to frame and adopt its own rules of procedure. The Senate elects its secretaries, but its president and vice-president are designated, for each session, and from the senators themselves, by the crown. The Congress, on the other hand, elects from its membership all of its own officials. Sessions of both chambers are public, though "when secrecy is necessary" the doors may be closed. A majority of the members constitutes a quorum, and measures are passed by a majority vote. No senator or deputy may be held to account by legal process for any opinion uttered or for any vote cast within the chamber to which he belongs; and, save when taken in the commission of an offense, a member is entitled to all of the safeguards against arrest and judicial proceedings which are extended customarily to members of legislative bodies in constitutional states.[859]

[Footnote 859: It is to be observed that these guarantees are not quite absolute. During the crisis of 1904 the Maura government required the Congress to suspend the legislative immunity of no fewer than 140 members, and for the first time since 1834 deputies were handed over to the courts to be tried for offenses of a purely political character.]

*685. Functions and Powers of the Cortes.*—The function of the Cortes is primarily legislative. Each chamber shares with the crown the right to initiate measures, and no proposal can become law until it has received the sanction of the two houses. Rejection of a bill by either chamber, or by the crown, precludes the possibility of a reappearance of the project during the continuance of the session. Measures relating to taxation and to the public credit must be presented, in the first instance, in the Congress of Deputies, and it is made the specific obligation of the Government every year to lay before that body for examination and approval a budget of revenues and expenditures. Only upon authority of law may the Government alienate property belonging to the state, or borrow money on the public credit. Under Spanish constitutional theory the Cortes is the agent of the sovereign nation. It is authorized, therefore, not only to discharge the usual functions of legislation but also to do three other things of fundamental importance. In the first place, it receives from the sovereign, from the heir-apparent, and from the regent or regency of the kingdom, the oath of fidelity to the constitution and the laws. In the second place, under provisions contained within the constitution, it elects the regent or regency and appoints a guardian for a (p. 620) minor sovereign. Finally, to maintain the responsibility of ministers to the lower chamber, and, through it, to the nation, the Congress is authorized to impeach, and the Senate to try, at any time any member of the Government.[860]

[Footnote 860: Arts. 32-47. Dodd, Modern Constitutions, II., 207-209. On the Cortes may be consulted, in addition to the constitutional treatises mentioned on pp. 612-613, A. Borrego, Historia de las Cortes de Espano durante el siglo XIX. (Madrid, 1885), and A. Pons y Umbert, Organizacion y funcionamento de las Cortes segun las constituciones espanolas y reglamentacion de dicho cuerpo colegislador (Madrid, 1906).]

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 (p. 621) 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: Canovas 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 Canovas 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 regime, 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 Canovas, 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 Canovas 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 Canovas, and the actual working policies of (p. 622) 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 Canovas and the Liberals led by Sagasta there was no room for a third party.

In 1885 Canovas 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 Canovas 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 regime which prevails in Spain to-day. The Conservatives falling into discord, Canovas 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 (p. 623) the war in Cuba and the subsequent contest with the United States. In the hope of averting American intervention a new Canovas government, established in 1895, brought forward a measure for the introduction of home rule in Cuba, but while the bill was pending, Canovas 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 regime 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.

Following the death of Sagasta the Liberals passed through a period of demoralization, but under the leadership of Montero Rios they gradually recovered, and in June, 1905, the government of Villaverde was succeeded by one presided over by Rios. At the elections of September 10, 1905, the Ministerialists secured 227 seats and the Conservatives of all groups but 126 (the remainder being scattered); but discord arose and, November 29 following, the cabinet of Rios resigned. Upon the great ecclesiastical questions of the day—civil marriage, the law of associations, and the secularization of education—both parties, but especially the Liberals, were disrupted completely, and during the period of but little more than a year between the retirement of Rios and the return to power of Maura, January 24, 1907, no fewer than five ministries sought successively to grapple (p. 624) with the situation. Under Maura a measure of stability was restored. The premier, although a Catholic, was moderately anti-clerical. His principal purpose was to maintain order and to elevate the plane of politics by a reform of the local government. At the elections of April 21, 1907, the Conservatives won a victory so decisive that in the Congress they secured a majority of 88 seats over all other groups combined.[861] The fall of the Maura ministry, October 21, 1909, came in consequence largely of the Moroccan crisis, but more immediately by reason of embarrassment incident to the execution of the anarchist-philosopher Senor Ferrer. The Liberal ministry of Moret, constituted October 22, 1909, lacked substantial parliamentary support and was short-lived. February 9, 1910, there was established under Canalejas, leader of the democratic group, a cabinet representative of various Liberal and Radical elements and made up almost wholly of men new to ministerial office.[862]

[Footnote 861: The exact distribution of seats was as follows: Conservatives, 256; Liberals, 66; Solidarists, 53; Republicans, 32; Democrats, 9; Independents, 8.]

[Footnote 862: November 12, 1912, Premier Canalejas was assassinated. He was succeeded by the president of the Congress of Deputies, Alvaro de Romanones, under whom the Liberal ministry was continued in office.]

*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: (p. 625) CONGRESS OF DEPUTIES Elected indirectly by the people, May 15 Elected by the corporations, etc., May 15 SENATE 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

[Footnote 863: Some seats vacant.]

*691. Republicanism and Socialism.*—Among other accounts, the elections of 1910 were notable by reason of the return to the Congress for the first time of a socialist member. In Madrid, as in other centers of population, the Government concluded with the Conservatives an entente calculated to hold in check the rising tide of socialism and republicanism. Under the stimulus thus afforded the Socialists at last responded to the overtures which the Republicans had long been making, and the coalition which resulted was successful in returning to Parliament the Socialist leader Iglesias, together with an otherwise all but unbroken contingent of Republicans. In Barcelona and elsewhere Republican gains were decisive. None the less the Republican forces continue to be so embarrassed by factional strife as to be not really formidable. The Socialists, however, exhibit a larger degree of unity. As in Italy, France, and most European countries, they are growing both in numbers and in effectiveness of organization. In Spain, as in Italy, the historic parties which have been accustomed to share between them the control of the state have, in reality, long since lost much of the vitality which they once possessed. The terms "Liberal" and "Conservative" denote even less than once they did bodies of men standing for recognized political principles, or even for recognized political policies. The field for the development of parties which shall take more cognizance of the nation's actual conditions and be more responsive to its demands seems wide and, on the whole, not unpromising.[864]

[Footnote 864: On political parties in Spain two older works are A. Borrego, Organizacion de los Partidos (Madrid, 1855) and El Partido Conservador (Madrid, 1857). Two valuable books are E. Rodriguez Solis, Historia del partido republicano espanol (Madrid, 1893) and B. M. Andrade y Uribe, Maura und di Konservativen Partei in Spanien (Karlsruhe, 1912). The subject is sketched excellently to 1898 in Clarke, Modern Spain, Chaps. 14-16. In the domain of periodical literature may be mentioned A. Marvaud, Les elections espagnoles de mai 1907, in Annales des Sciences Politiques, July, 1907; C. David, Les elections espagnoles, in Questions Diplomatiques et Coloniales, May 16, 1907; A. Marvaud, Un aspect nouveau du Catalanisme, ibid., June 16, 1907; La situation politique et financiere de l'Espagne, ibid., Dec. 16, 1908; La rentree des Cortes et la situation en Espagne, ibid., June 16, 1910. A well-informed sketch is L. G. Guijarro, Spain since 1898, in Yale Review, May, 1909.]

VII. THE JUDICIARY AND LOCAL GOVERNMENT (p. 626)

*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.

"The power of applying the laws in civil and criminal cases," says the constitution, "shall belong exclusively to the courts, which shall exercise no other functions than those of judging and of enforcing their judgments."[865] What courts shall be established, the organization of each, its powers, the manner of exercising them, and the qualifications which its members must possess, are left to be determined by law. The civil hierarchy to-day comprises tribunals of four grades: the municipal courts, the courts of first instance, the courts of appeal, and the Supreme Court at Madrid. The justices of the peace of the municipal courts are charged with the registration of births and deaths, the preparation of voting lists, the performance of civil marriage, and the hearing of petty cases to the end that conciliation, if possible, may be effected between the litigants. No civil case may be brought in any higher court until effort shall have been made to adjust it in a justice's tribunal. In each of the 495 partidos judiciales, or judicial districts, of the kingdom is a court of first instance, empowered to take cognizance of all causes, both civil and criminal. From these tribunals lies appeal in civil cases to fifteen audiencias territoriales. By a law of April 20, 1888—the measure by which was introduced the use of the jury in (p. 627) the majority of criminal causes—there were established forty-seven audiencias criminales, one in each province of the kingdom, and these have become virtually courts of assize, their sessions being held four times a year. Finally, at Madrid is established a Supreme Court, modelled on the French Court of Cassation, whose function it is to decide questions relating to the competence of the inferior tribunals and to rule on points of law when appeals are carried from these tribunals. Cases involving matters of administrative law, decided formerly by the provincial councils and the Council of State, are disposed of now in the audiencias and in the fourth chamber of the Supreme Court.[866]