Cyclopædia of Political Science, Political Economy, and the Political History of the United States
SPAIN. This country, which occupies the greater portion of the Iberian peninsula, and included the Balearic isles and the Canaries, extends over 507,036 square kilometers, and contained, according to the census of 1860, 15,658,000 inhabitants. Spain had perhaps sixteen millions in 1873.
—The last general enumeration of the population took place on Dec. 31, 1877, the returns showing that at that date the kingdom, including the Balearic and Canary islands ("Baleáres" and "Canárias" each considered a province), and the small strip of territory in North Africa, facing Gibraltar, had a total population of 16,625,860, comprising 8,134,659 males and 8,491,201 females.
—The vast majority of the inhabitants of Spain are natives of the country, the aliens being less numerous than in any other state of Europe. According to the census returns of Dec. 31, 1877, there were at that date only 26,834 resident foreigners, the mass of them in four provinces, namely, Barcelona, Cadiz, Gerona and Madrid. The number in the province of Barcelona was 4,392, comprising 2,490 males and 1,902 females; while in the province of Cadiz the number was 3,321, comprising 1,866 males and 1,445 females.
—The progress of population did not amount to more than 75 per cent , in the course of the last hundred years. In 1768 the population was calculated to number 9,307,800 souls; in 1789 it had risen to 10,061,480; and in 1797 it exceeded 12,000,000 souls. In 1820 it had fallen to 11,000,000 but in 1823 it had again risen to 12,000,000, and in 1828 to 13,698,029. At a census taken in 1846 the population was found to be 12,168,774, and it was 16,301,851 at the census of 1860. Finally, at the census of 1877 the population amounted, as before shown, to 16,625,860, being an increase of 324,009 in the course of seventeen years, or at the rate of about ¼ per cent, per annum. The present density of population is considerably less than half that of Italy, and less than one-third that of The Netherlands.
—There were, at the census of Dec. 31, 1877, fourteen towns in Spain with a population of over 50,000. The following is a list of these towns, with the number of their inhabitants:
—Nearly 46 per cent of the whole surface of the kingdom is still uncultivated. The soil is subdivided among a very large number of proprietors. Of 3,426,083 recorded assessments to the property tax, there are 624,920 properties which pay from 1 to 10 reals; 511,666 from 10 to 20 reals; 642,377 from 20 to 40 reals; 788,184, from 40 to 100 reals; 416,546,from 100 to 200 reals; 165,202,from 200 to 500 reals; while the rest, to the number of 279,188, are larger estates, charged from 500 to 10,000 reals and upward. The subdivision of the soil is partly the work of recent years, for in 1800 the number of farms amounted only to 677,520, in the hands of 273,760 proprietors and 403,760 farmers.
—1. Constitution. At the end of the last century there was left no tradition of the ancient cortes of Castile, Aragon, Valentia and Catalonia, which were so powerful during the middle ages. The only vestiges of them which remained did not go beyond the empty ceremony in which an oath was taken to the prince of the Asturias.
—The war of independence roused the Spanish nation, which had been accustomed to absolute monarchy, from its slumber. Deprived of its kings, the necessities of the time obliged it to appoint a regency, which, in order to gain more prestige and a greater authority convoked the cortes. The deputies, assembled at Cadz, dictated the constitution of 1812, which was the origin of representative government in Spain.
—It would be vain to look on their work as the restoration of Spain's ancient liberties, which now belong exclusively to history. Nothing will be found in it but an echo of the ideas proclaimed by the French revolution of 1789. The spirit which reigns in it is the spirit of democracy, as is shown, beyond a doubt, by the establishment of a single chamber and the suspensive veto.
—Once on the throne again, Ferdinand VII. re-established the ancient régime pure and simple. A military insurrection in 1820 restored a breath of life to the liberal system, which in 1823 fell a second time under the influence of internal dissensions, aided by the intervention of France on behalf of absolute monarchy, on which Europe looked complacently.
—It was easy to foresee, that, with the death of Ferdinand, an inevitable change would take place in the form of government. Isabella II. succeeded him, at the age of three years, under the guardianship of her mother, Maria Christina, of Naples. The infante Don Carlos, brother of the king, and representative of the party opposed to all reform, considered himself injured in his rights, and the quarrel which ensued made it necessary to strengthen the new legitimist order by the support of liberal opinions. Still, there was no thought of restoring the constitution of 1812; it was believed that the people could be satisfied with something less; and in 1834 the royal statute was promulgated and a charter granted, establishing two chambers, the one of the grandees of the nation (estamento próceres), the other of its representatives (estamento de procuradores), to whom was conceded not the initiative in the drawing up of bills, but the simple power of deliberating on those which might be presented to them by the ministers, together with an altogether derisive right of petition.
—While war desolated Spain, disorder was increased by the manœuvres of the more or less ardent partisans of political progress. In 1836, an insurrection having broken out at Granja, Maria Christina was forced to sign a decree restoring the constitution of Cadiz until such time as the nation, represented in the cortes, should reject it or frame one in harmony with the wants of the time. In 1837 the constituent chambers were assembled, and drew up a constitution very similar to that at present in force in Belgium. Later, the moderate party, having obtained power, undertook to correct, according to its doctrines, the work of the progressive party, and formed, with the assistance of the ordinary cortes, the constitution of 1845, which, with certain amendments (1857), is the constitution that continued in force until 1868, and which has a great resemblance to the French charte, amended in 1830.
—Spain, after the Revolution of 1868. In September, 1868, a revolution put an end to the dynasty of the Bourbons. The revolutionary juntas undertook, first of all, to secure public order, a necessity imposed on every well-organized society. It was besides necessary, for the organization and concentration of power, to establish the unity of the government, and to call on men experienced in the management of public business to take the initiative in this task. The revolutionary junta of Madrid, therefore, delegated its powers to Gen. Serrano, duke de la Torre, whom it intrusted with the formation of a provisional government. He did this by raising to the first places in the state those men who had labored for the triumph of the revolution by the sword, by their words or their acts. The provisional government convoked constituent cortes. The people hastened to the polls; universal suffrage was for Spain an accomplished fact. It was necessary, to give a legal character to the general acts of the provisional government, to establish a political constitution different from those of 1812, 1837 and 1845, and to bring it into harmony with the new wants of the nation, and the political interests of popular parties. The cortes, in a number of sessions, some of which have remained memorable, finished the task which they had undertaken, and transformed the provisional government into an executive power.
—The constitution of 1869 was the cause of great progress in political institutions. The first title provided for individual liberty, the inviolability of a man's domicile, and the secrecy of letters, unless in case of offenses punishable by law. It also accorded the right of assembling and of association for all purposes not contrary to public morals. Every Spaniard, by its terms, acquired the right of expressing his ideas and opinions freely by speech, or through the press. The right of petition was recognized as belonging to all citizens except to the army. The nation pledged itself to maintain the Catholic religion and its ministers. The free practice of every other religion, in public or private, within the bounds prescribed by the general rules of morality and law, was guaranteed to all foreigners living in Spain. This provision applies to Spaniards professing a religion different from the Catholic.
—That constitution guaranteed liberty of the press, and abolished its preliminary censure, etc. It allowed any one to found schools without the permission of the authorities. An important provision is that abolishing the requirement of a special permission to summon before the ordinary tribunals, public officials for any kind of misdemeanor. In case of a clear and evident violation of the provisions of the constitution, the official can not shield himself against responsibility by alleging an order emanating from his superiors.
—Every Spaniard is obliged to take up arms in defense of his country whenever called upon to do so by law; to contribute to the expenses of the state in proportion to his means; in return he may aspire to every office and public employment, according to his merit and capacity.
—Constitutional guarantees can not be suspended in the whole or in any part of the kingdom unless by law and for a given time, in extraordinary circumstances, and when demanded by public safety. Except in those extreme cases in which public safety might be endangered, the government has neither the right to exile nor to transport a Spanish citizen, nor to remove him farther than 250 kilometres from his domicile.
—It is provided that every association, which, by its object or by the means which it employs, imperils the security of the state, shall be dissolved by law.
—The constitution recognizes three public powers: the legislative power, the executive power and the judicial power. Sovereignty resides essentially in the nation, from which all powers emanate. The cortes make the laws; the king sanctions and promulgates them. The cortes are composed of two legislative assemblies, the senate and the congress (chamber of deputies), equal in power, except that the popular chamber has the priority in all discussions relative to taxation, public credit and recruiting. Congress is renewed every three years, and one-fourth of the senate during the same period. The cortes must remain in session at least four months each year, not including the time spent in organizing. They must be convoked before Feb. 1. Senators and deputies can not be arrested nor called before the courts during the time in which the cortes are in session, without the permission of the legislative body of which they form a part, except in case they are taken flagrante delicto. The cortes have the right to appoint or to discharge, at will, the members of the court of accounts of the kingdom. In the case in which, in accordance with the vote of the congress, there is occasion to impeach a minister or a ministry, the senate constitutes itself a court of justice. In this case the chamber of deputies chooses a commission intrusted with conducting the impeachment. This commission and the members impeached may challenge one-third of the senators called to sit in judgment; the latter can not be chosen except from senators who have entered on their duties before the impeachment of the ministers.
—Deputies are elected by universal suffrage. Every Spaniard aged twenty-five years, not having been sentenced for any crime, is a voter, and eligible to office. Election in two degrees is resorted to in the case of senators: they are nominated by commissioners chosen by universal suffrage, and by the members of the deputations or provincial assemblies.
—King Amadeus, son of the King of Italy (duke of Aosta), was elected by 195 votes in the session of Nov. 19, 1869, and on Feb. 2 following he made his solemn entry into Madrid. The same day the regent of the kingdom resigned his powers into the hands of the assembly, and the king took the oath of fidelity to the constitution before the president, Don Manuel Ruiz Zorilla. The cortes pronounced their own dissolution in their capacity of constituent cortes.
—Republic of 1874. The reign of King Amadeus lasted only until Feb. 10, 1873. A royal message explained the reason of the abdication. On Feb. 11 of the same year the cortes accepted the abdication, by 256 votes against 32, and proclaimed the republic. A deputation accompanied the king and his family to the frontiers.
—Restoration of the Monarchy in 1874, and present Constitution. At the beginning of 1874 the republic was set aside by Serrano's regency. In the meantime the uprising in favor of Don Carlos had assumed greater dimensions. A dislike for the latter, and a desire for quiet and an orderly state of things, rendered the return of the younger branch of the Bourbons to the throne possible. Alfonso XII., son of Queen Isabella, and her husband. Francis de Assisi, was proclaimed king. Dec. 30, 1874, and he succeeded in again restoring the monarchy to an orderly state.
—The present constitution of Spain, drawn up by the government, and laid before a cortes constituyentes, elected for its ratification March 27, 1876, was proclaimed June 30, 1876. It consists of seventy-nine articles or clauses. The first of them enacts that Spain shall be a constitutional monarchy, the executive authority resting in the king, and all power to make the laws "in the cortes with the king". The cortes are composed of a senate and congress, equal in authority. There are three classes of senators: first, senators by their own right, or senadores de derecho propio; secondly, 100 life senators, nominated by the crown; and thirdly, 130 senators, elected by the corporations of state, and by the largest payers of contributions. Senators in their own right are the sons, if any, of the king and of the immediate heir to the throne, who have attained their majority; grandees, who are so in their own right, and who can prove an annual renta of 60,000 pesetas, or £2,400, captains general of the army; admirals of the navy; the patriarch of the Indias and the archbishops; the presidents of the council of state, of the supreme tribunal, and of the tribunal of cuentas del reino. The elective senators must be renewed by one-half every five years, and by totality every time the king dissolves that part of the cortes. The congress is formed by deputies "named in the electoral juntas in the form the law determines", in the proportion of one to every 50,000 souls of the population. By a royal decree issued Aug. 8, 1878, the island of Cuba received the privilege of sending deputies to the cortes, in the proportion of one to every 40,000 free inhabitants, paying 125 pesetas, annually, in taxes. Members of congress must be twenty-five years of age; they are re-eligible indefinitely, the elections being for five years. The deputies can not take state office, pensions and salaries; but the ministers are exempted from this law. Both congress and senate meet every year. The king has the power of convoking, suspending or dissolving them; but in the latter case a new cortes must sit within three months. The king appoints the president and vice-president of the senate from members of the senate only. The king and each of the legislative chambers can take the initiative in the laws.
—The constitution of June 30, 1876, further enacts that the king is inviolable, but his ministers are responsible, and that all his decrees must be countersigned by one of them. The cortes must approve his marriage before he can contract it, and the king can not marry any one excluded by law from the succession to the crown. Should the lines of the legitimate descendants of Altonso XII. become extinct, the succession shall be in this order: first to his sisters; next to his aunt, and her legitimate descendants; and next to his uncles, the brothers of a Ferdinando VII., "unless they have been excluded". If all the lines become extinct, "the nation will elect its monarch".
—The executive power is vested, under the king, in a council of ministers of nine members.
—II. Administrative Organization. The administration has been entirely remodeled since 1868: centralization has given place to self-government. The government, the provincial assemblies and the municipalities (ayuntamientos) constitute the three degrees of the administration. The government, in conjunction with the cortes, administers and executes the laws. The provincial assemblies have within their jurisdiction benevolent institutions, prisons, education, roads, canals; they have the initiative in all projects of public utility within their respective boundaries. The municipalities with their juntas of associates, have within their jurisdiction the tribunals of the justices of the peace, the colleges and free universities, and the levying of taxes; and are really sovereigns within the limits fixed by the law.
—The constitution of 1869 has defined these limits by regulating the laws creating these different bodies according to the following principles. 1, the government and management of the local affairs of the province by local provincial corporations; 2, publicity of the sessions of each corporation; 3, the publication of budgets, financial management, and the most important decisions; 4, interference by the king, or, in default of the king, by the cortes, to prevent the provincial and municipal assemblies from exceeding their powers, to the prejudice of general and permanent interests; 5, verification of their resources arising from taxation, to prevent the provinces and the municipalities from coming into opposition with the financial system of the state.
—Municipal assemblies, elected by universal suffrage, and whose councilors elect the alcalde, previously appointed by the governors or the king, may establish hospitals, almshouses, lying-in-hospitals and colleges, and regulate everything capable of contributing to the scientific, industrial and progressive movement of the locality.
—The provincial assemblies form a species of congress. Provinces, whose population does not exceed 150,000 inhabitants, have twenty-five deputies, and one more for each 10,000 up to 300,000; those which reach this figure have forty deputies, and an additional one for every 25,000 inhabitants; those which have 500,000 inhabitants have forty-eight deputies, and an additional one for every 50,000 inhabitants. Permanent provincial commissions are chosen from these assemblies, and renewed every year. Provincial assemblies hold two sessions, one in the month of April, and the other in November, to regulate and discuss the budget, to balance the preceding budget, and to perform all acts within their competence. The permanent commission has charge of the execution of the decisions of the assembly, decides urgent questions which may arise in the interval of the sessions, on condition that these decisions shall be submitted to the approval of the provincial assembly at its earliest meeting. The provincial assemblies, as well as the municipal councils, can exercise their functions only within the precise limits assigned them by the laws. The wants of each province, not within the exclusive jurisdiction of the state, are regulated by the provincial assemblies. Those which are special to each municipality are within the jurisdiction of the municipal councils.
—Political questions are forbidden to the two assemblies. Consequently the government has a representative in each province, the civil governor, to prevent the municipal and provincial assemblies from exceeding their powers. Thus functionary, essentially political, and liable to be removed by the government, supervises, in its name, the execution of the laws, and presides over the provincial assemblies. He has power to suspend their decisions, rendering, at the same time, an account of his acts to the government which, on the advice of the council of state, confirms or rejects his decrees of suspension. The civil governor has, within his sphere of action, political affairs, the public safety, the postal service and telegraphs, economic establishments (agricultural, industry, commercial and others), custom house guards for the prevention of fraud, the civil guard for the protection of persons, and the inspectors charged with the maintenance of public order. We thus see that in the civil order no functionary has so much power and responsibility as the governor.
—There are in Spain 9,361 municipal districts, with an equal number of councils. There are as many provincial assemblies as provinces, with the exception of the Basque Provinces, which, in virtue of their fueros (franchises), have a general assembly that is renewed every three years. These fueros were confirmed in 1839, at first by the general-in-chief, Baldomero Espartero, prince of Vergara, afterward by the national cortes. They (thefueros, or franchises) consist in the exemption from personal tax, from the tobacco monopoly and from stamped paper. They compensate for the exemption from customs by a voluntary gift of three millions of reals each year, for everything which these provinces import or export without being subject to governmental inspection.
—Navarre also possesses franchises (fueros) which were limited by the law of Aug. 16, 1814 since that year this province is subject, like others, to a direct tax.
—One of the most important privileges enjoyed by the Basque provinces is the exemption from military service. But, when the country has to carry on a national war, they are obliged to furnish a division, armed and equipped at their own expense, to defend the honor of the Spanish flag, which they did in the African war and the Cuban expedition.
—Public education, in so far as it relates not only to elementary instruction but to middle-class schools, is placed entirely in charge of the municipal councils and the provincial assemblies. It is true that the law requires conditions of fitness for the masters and professors, but it is the assemblies which pay them. The state reserve to itself the universities, the high schools and special schools, without prejudice to establishments of the same kind, founded to compete with those of the state, by virtue of freedom of instruction. The clergy maintain seminaries for the instruction of young men intended for the priesthood.
—III. Judicial Organization. The judicial organization corresponds to the requirements of civil and criminal justice. Its tribunals are classified as follows: 1. municipal tribunals, or justice of the peace; 2, tribunals of the first resort; 3, courts of appeal; 4, supreme court (court of cassation). Justices of the peace are intrusted with all registers of the civil state and of marriages. Formerly, marriage was exclusively canonical, and could only be contracted before the priest of the parish and witnesses. The proclamation of civil liberty has authorized civil marriage contracted before the municipal officer, leaving to Catholic couples the right of converting the civil contract into a sacrament at the church. Disputes of voluntary jurisdiction are brought in the first instance before justices of the peace, whose duty it is to conciliate the litigants. No case can be brought before the tribunals without having been submitted previously to the tribunal of conciliation. Judges of courts of first resort decide all civil and criminal questions, concerning which they pronounce decisions, supported by reasons and considerations. Audiences are courts of appeal, before which are brought the decisions and sentences of the lower tribunals, and which have to pronounce opinions in criminal cases. The supreme court of justice, or court of cassation, decides questions of jurisdiction, appeals in cassation, and abuses of power; and fixes the common law of the land by its decisions, published in the official journal of the government. There are fifteen audiences (courts of appeal), 548 tribunals of the first resort, and as many of justices of the peace as there are districts administered by alcades.
—Individual rights being incompatible with the policy of prevention, it was necessary to replace the latter by the repressive system, which can only be properly exercised by tribunals to insure all the certainty and publicity which the legal proceedings and the judicial decisions require. The organic law of the tribunals, voted by the constituent cortes, in establishing a new system, the system of the municipal tribunals, courts of investigation, courts of apportionment, courts of appeal, and the supreme court, separated the magistracy of the bench from that of the public prosecutor, by conferring permanence of tenure on the former. The progress of juridical science and the organization of justice in other countries rendered this classification and this distinction between magisterial functions necessary. Every judicial sentence must be pronounced in open court. Trial by jury exists in Spain.
—The court of accounts, whose members are chosen by the cortes, is charged with auditing the accounts of the state, the provinces and municipal districts, when the amount reaches a given sum. This court is placed under the supervision and inspection of the two legislative assemblies, and no deputy or senator can be a member of it. Jurisdiction in case of disputes between the administration and private persons, formerly belonged to the provincial councils and the council of state; it belongs now to the authority of the audiences, and to the fourth chamber of the supreme court of justice.
—The army is subject to a special jurisdiction for offenses and misdemeanors committed by the accused in their military capacity. Jurisdiction belongs, according to the case, either to a council of war, or to the supreme council.
—The tribunal of the rota takes cognizance of all ecclesiastical or religious cases which concern Catholics or ministers of worship.
—IV. Ecclesiastical Organization. The ecclesiastical organization consists of the papal nuncio, who is not only the representative of the holy see, but also president of the tribunal of the rota; the archbishop and bishops, chapters and parishes. The archbishops of Spain are nine in number. The archbishop of Toledo is considered primate of the church. The transmarine provinces have two archbishops, one at Santiago de Cuba (Havana), and the other at Manilla (Philippine islands). The peninsula has forty-four suffragan bishops, Cuba two, Porto Rico one, and the Philippines four. Ecclesiastical administration is the only one which does not correspond to the civil divisions of the country; it has retained its ancient boundaries. Certain provinces contain three or four bishops; on the other hand, there are provinces which form parts of several bishoprics, and certain bishoprics have parishes in four, five and even eight different provinces. The number of parishes is 19,397 in Spain, and 603 in the transmarine provinces; altogether, 20,000 parishes. According to the new concordat, eight bishoprics were suppressed, and two created, one at Madrid, the other at Ciudad-Real.
—The budget of public worship amounts to about fifty millions of francs. The cortes, with the view of reconciling the interests of the treasury with the wants of the church, decided that the municipalities and the provincial deputations should bear a part of the expenditures for worship and the salaries of clergymen; the state contributed its share by an annual subsidy of thirty millions of francs. The ecclesiastical expenditures in each parish are not to exceed 2, fr. 50 cent. for each inhabitant. When this sum is exceeded, the state pays the difference.
—The chapters are organized in the following manner: a dean, four canons in office, a greater or less number of canons freely elected by the crown, the pope or the prelates, and, finally, beneficed canons appointed in each cathedral according to the needs of worship. The seminaries for the higher education of the clergy are supported by the chapters. There are religious corporations in Spain devoted exclusively to civil education; such are the Escolapian Fathers.
—The clergy enjoy the same political rights as other citizens. Priests may express their ideas freely, by speech or through the press, may take part in all associations, and vote in the electoral colleges. If guilty of any misdemeanor, they are tried in accordance with the provisions of the penal code; offenses against canonical rules are tried by prelates. The state does not interfere in affairs of the church, except when they are of a nature to affect public tranquility and with a view to the legitimate defense of national institutions. The constituent cortes of 1869 subjected ecclesiastics to the oath which is considered a condition preliminary to the payment of the salaries assigned them as public functionaries. The clergy not wishing, in the great majority of cases, to submit to this formality, the payment of these ecclesiastical salaries was suspended. According to the terms of the new law on the clergy and worship, the oath of allegiance to the fundamental law of the kingdom was declared necessary.
—V. Public Charity. *112 From remote ages numerous institutions, established and maintained by Christian charity, existed in the peninsula. In the thirteenth century the knights of the order of St. James had hospitals for the pilgrims visiting the apostle-patron of Spain, and the first monks dispensed a generous hospitality. Later, alms and rich legacies furnished the means of founding great hospitals, which the bishops supported so freely with their revenues that these revenues could be considered as savings banks for the poor. At present, charity is regulated in Spain by the law of June 20, 1849, supplemented by general regulation. Charity is considered as public when it is supported by the revenues of the state or the product of taxation, and as private when it is carried on exclusively at the expense of foundations.
—Public establishments are classed as general, departmental and communal. General establishments are those for the insane, deaf mutes, the blind, and the incurable. The law puts hospitals, houses of refuge, lying-in hospitals and foundling hospitals in charge of the departments; and small hospitals, provisional almshouses, ambulances, domiciliary aid and asylums in charge of the communes. According to the law of June 20, 1849, the state is obliged to support at least two hospitals for the blind, two for deaf mutes, and eighteen for incurables and the infirm old.
—The general direction of public charity belongs to the ministry of the interior (de gobernacion); it is exercised through the agency of the governors (perfects) and councils of provincial and communal charity. At Madrid there is a central general council. The departmental and local councils supervise the administration of hospitals, public as well as private, and report violations of the law to the governors. It is their duty to audit the annual accounts and budgets, and provide for deficits in case of necessity.
—Private as well as public charitable institutions are subject to such visits as the president of the central council or the governor may prescribe. They are obliged to report their economic condition, and all papers and documents which concern their administration. Bishops have also the right of visiting institutions of charity in their dioceses, and of reporting such observations to the governors or to the central council as these visits suggests to them.
—The functions of the committees of administration and of the councils of supervision of charitable institutions are performed gratuitously, except those of the secretary. There are also committees of ladies for foundling hospitals and lying in hospitals, and brotherhoods for the assistance of the poor.
—The resources of institutions of charity consist of the revenues from their property; and when these are sold, of the interest on state bonds, as well as alms, gifts, legacies, collections and grants voted in the general budgets, departmental as well as communal. The government has the right to create or suppress institutions of charity, but only after having taken the advice of the committee of supervision of the department, of the central council and the council of state. There is reason to believe that the sum employed by private charity greatly exceeds the total of public charity.
COUNT DE RIPALDA.
—VI. Public Instruction. Spain attracted attention, in the middle ages, by her love for the sciences, and the success with which they were cultivated in her ancient universities. Salamanca was, with Paris, Oxford and Boulogne, one of the great lights of Christian civilization. Universities constituted, in Spain, a species of scientific and literary municipalities, as the guilds did industrial and commercial municipalities. Kings founded some, endowed others, protected all, recompensing with a liberal hand their masters and doctors, and placing them by honorable privileges in the same rank with the nobility. In consequence of the powerful influence of the court of Rome and the eclat and great honor and profit attaching to ecclesiastical studies, instruction had fallen into the hands of the clergy, and, in the collation of academic grades, the pontifical authority was on a level with that of the king. At the period of the political regeneration of Spain, the government undertook the secularization of studies, by opening the universities to modern sciences, and appointing lay professors. The bishops, nevertheless, retained an indirect right of interference, as guardians of the purity of the faith and of good morals.
—There are three grades of instruction: primary, intermediate, and academic instruction. The first is supported mainly by the ayuntamientos (municipalities), which are obliged to support one or more schools for boys and girls, in proportion to their population and resources. Every agglomeration of persons, consisting of more than 500 souls, must have a school for boys completely organized, and a school for girls. Those which do not reach this number are grouped together to form a district, provided with an elementary school. The government devotes a certain sum each year to aid poor municipalities. The law declares as "civilly obligatory" the moral duty of parents, guardians and trustees to give their children or their wards primary instruction from the age of six to nine years, charging the alcades or mayors to see to this. Ordinary instruction is paid for; it is gratuitous only for the children of parents too poor to pay the small fee charged. No one may perform the duties of teacher without having obtained a diploma given by the government on receiving specific guarantees of capacity and morality; this applies also to private schools. The law favors the establishment of asylums (parrulos) and institutions for the blind, and for deaf mutes.
—In 1867 there were about 22,000 public schools (including 1,021 schools for adults and 282 asylums), with more than 1,200,000 pupils; and 4,218 private schools, with 198,943 pupils. Of these 1,400,000 pupils, there were 830,000 boys and more than 550,000 girls. In 1872 Spain had, for primary instruction, 24,144 public and 4,188 private schools, forming a total of 28,332, attended by 1,425,339 pupils of both sexes, about 9.1 per cent. of the inhabitants.
—Intermediate instructions is given in institutes founded in each capital of a province, and in every other city which has obtained the authorization of the central power to establish such an institution. These cities must have shown the convenience and feasibility of founding such an institute, and that they have satisfied the laws relating to primary instruction. There are also institutes founded and directed by private persons, according to the laws and regulations of the state, for this degree of instruction. The following figures are official. The number of students in the sixty five colleges and institutes were: in 1865-6, 10, 164; 1866-7, 6,688; 1867-8, 6,385; in private institutions, during the same years: 13,576, 18,335, 18,903 pupils; home instruction was enjoyed by 2,695, 1,936, 3,410 pupils. Secondary instruction has forty-six official and a great number of free establishments, with 20,000 students.
—Academic studies are pursued in the universities under the immediate direction of the deans and rectors appointed by the head of the state. There are ten universities in Spain—an excessive number, difficult to reduce, because each finds certain good means of self-defense, either in its past glories, or its distance from every other literacy centre; in the number of people who surround and frequent them, or in the wishes of the cities in which they are situated, and which consider them as property belonging to them and which can not be removed without injustice. Each of the universities has a number of faculties; that of Madrid, in the centre of the country, the first in Spain in dignity and splendor, has them all; it alone is able to continue or extend studies which qualify one for the degree of doctor. University studies are pursued only in state institutions. The whole number of students was, in 1866, 16,545; in 1867, only 12,104; in 1868, 12,269. In 1872, 12,269 students received matriculation in the universities of the state.
—There are, besides, higher and professional studies. To the first belong the schools of bridges and roads, of mines, agriculture, industry, fine arts, diplomacy and the notariado. To the second, those of commerce, navigation, veterinary art, overseers (maestros de obras) machanics (aparejadores) and surveyors; and, finally, there are normal schools.
—Such is a picture of public instruction in Spain, according to the law of Sept. 9, 1857. It is completed by the protection and subsidies given to the academies, libraries, archives and museums, as a means of promoting the progress of science. The government supports the ten universities and other institutions of public utility; the provines and municipalities contribute 1,500,000 reals to the maintenance of the archives and libraries, and to the development of higher and professional education. The sixty-three subsidized institutions of secondary education cost 7,560,000 reals. The income from academic dues amounts to 1,260,000 reals, the rents to 900,000, and the deficits covered by the provinces and municipalities to 5,400,000 reals. The treasury spends two millions of reals in subsidies to provincial institutions and special schools, as well as for archives and libraries.*113
—VII. Finances. The constitution of 1869 provided, that, in the ten days following the opening of the cortes, which takes place Feb. 1 of each year, the budgets of receipts and expenditures shall be presented, and that in no case, and under no pretext, shall any payment be made, unless authorized by law, and ordered by the minister of finance. All the laws relative to public receipts and expenditures are considered as forming a part of the budget, and are published under the same heading. All the discussions to which it gives rise, and, in general, all the questions in which the interests of tax payers are involved, must be first laid before the chamber of deputies, and, in, case of disagreement between it and the senate, the opinion of the chamber prevails.
—As it may happen that the cortes can not always discuss and approve the budget and authorize the collection of taxes, either on account of the numerical insufficiency of the deputies present, or in consequence of the closing of the legislative session, or for any other cause dependent on circumstances, the constituent cortes have decided, that, if deputies and senators, having met together at the place appointed by the constitution, neglect to vote the taxes, the receipts and expenditures shall be made in accordance with the conditions established by the budget of the preceding year.
—This provision has been criticised. Many think that it destroys the constitutional principle, according to which no one is obliged to pay a tax not voted by the cortes, or the collection of which does not take place according to the forms prescribed by law. "According to the same principle, every public functionary, who seeks to exact or exacts payment of tax not regularly authorized, is liable to the punishment provided for illegal exactions." There are also persons who consider this provision contrary to the rights of legislative power. But on examining the question dispassionately, it is clear that this article is simply a complement of the fundamental law, and is applicable only in cases, really very rare, which the cortes could not or would not vote the taxes and authorize their payment. In other words, it is a law dictated by foresight, a conditional law, to meet cases in which the article of the constitution in question can not be carried out. It is in no way opposed by the prerogatives of the cortes, its action is to avoid continuing political parties in power indefinitely; it establishes merely a common rule for the administration, the government and the country, so that these three moral powers may always continue living and active. The administration makes its action felt in all parts of the social body, the government supervises all, and the country pursues its labors, trusting confidently in the public powers.
—But to return to the budget. Each ministry fixes the budget of the expenditures of its own department, and presents it to the minister of finances, who alone has authority to lay it before the cortes, accompanied by a statement of the receipts, that is to say, the means of meeting all obligations. The budget is divided into two parts: the ordinary and the extraordinary. The first includes the expenditures and receipts which have a permanent character, though their amount may be variable. The second includes the transient or temporary receipts and expenditures. They are both divided into chapters, comprising all accounts of the same nature, and then divided into as many headings as are necessary for the determination of all details. As regards the budget, there are general and constant rules, sanctioned by time and by the laws.1, the government can neither suppress nor modify the receipts voted by parliament, nor decree new ones; 2, it can not apply funds to any other use than that determined by the law; 3, the budget extends over one year, from July 1 to June 30, inclusive; accounts remain open for the following six months, for final settlement, for the collection of outstanding sums, and the expenditures voted for the said year; 4, in case it is necessary to incur expenditure for which the legislature has provided no credit, or when the sum granted is insufficient the government must, in the former case, ask the cortes for an extraordinary credit, and, in the latter, an additional credit, stating the means of covering it; 5, if the cortes are not in session, and if the expenditure for which a credit has not been votes has a character of urgency, the government may authorize it, on its own responsibility, either by transferring a credit from one chapter to another in the section to which the expenditure belongs, after having first informed the financial section of the council of state of its action, and deliberated upon it in the council of ministers, or by an extraordinary or a supplementary credit, covered (the council of state consenting) by the fund of the floating debt of the treasury; 6, the government is obliged to lay before the cortes, during the first month of the session, a bill approving the credits made during their absence: 7, every head of a department, and every functionary, to whatever class he may belong, is responsible to the treasury for every amount paid beyond the credit granted; 8, payments are made every month, after the approval of the council of ministers. Besides these financial rules recommended by legislation, there are others whose utility has been recognized in recent years and which have at present the force of law. They are the following. 1, in each law relating to the finances, the sum which the floating debt of the treasury should reach during the year must be indicated in precise manner—it constitutes, ordinarily, the third of the general budget; 2, the government should transmit to the court of accounts all the documents drawn up for the purpose of procuring funds, so that if the court discovers any illegality in them, it may report such irregularity immediately to the cortes, 3, the same court has to examine the grant or grants of credit, and give its opinion on their legality. The ministers are responsible, and are subject to criminal prosecution for any collection of money not authorized by the cortes. Each minister orders the expenditures of his own department; but the orders for payment are made by the minister of finance, except so far as concern the expenditures of the ministry of war and marine, considered as military bodies. These two ministries are responsible for all payments unduly made, unless the ministry of finance declares them valid. No court can issue a writ of attachment or an execution on funds of the state, either capital or interest. Every sum due by the state, recognized and audited, the payment of which is not demanded for five years, is confiscated to the benefit of the treasury
—There have been no accounts of the actual public revenue and expenditure of the kingdom published since the year 1870-71, but only budget estimates. These differ, as will be seen from the subjoined tabular statement, giving the budget estimates of five financial periods, to an extent such as to allow not even an approximate judgment of the real receipts and disbursements. There are, indeed, accounts of public revenue and expenditure published monthly; but the public accounts have not been approved by parliament since 1865-7; and the tribunal de cuentas has not audited the accounts later than 1868-9. According to official returns, the following were the estimated revenue and expenditure for the financial years 1877-82:
—The following are the budget estimates for the year ending June 30, 1883:
—The minister of finance declared, in presenting the budget for 1871-2, that the state was "on the verge of bankruptcy," from which it could be saved only "by the most strenuous exertions, devoted both to raise the revenue, by the imposition of new taxes and otherwise, and to depress the expenditure to the lowest possible point." The latter recommendation has in recent years become difficult of execution, on account of the large expenditure connected with the civil war. In the budget for 1870-71 the cost of the war department was estimated at £4,730,321, while it was set down in 1874-5 at £9,840,000 being about one-half of the total revenue which it was expected would be raised. But the army expenditure fell again to under five millions in the budget of 1877-8, and remained the same in the budgets of 1878-82. Although in 1881-2 the budget estimate of the revenue was £31,320,000, and the expenditure $31,306,000, still, as in previous years, there was a large deficit, and in October, 1881, the minister of finance spoke in strong terms of the mismanagement of his predecessors, and proposed a new basis of financial administration, by which to rectify past deficiencies and secure a surplus in the future. He proposed, as seen above, a budget for 1882-3, with a revenue of 782,997,223 pesetas, and an expenditure of 782,639,250 pesetas. Efforts were made again, in preparing the budget for 1883-4, to adopt extraordinary means to increase the revenue, but without satisfactory results.
—The large and constantly increasing annual deficits, dating from the reign of Queen Isabel, were covered, partly by loans, partly by extraordinary taxation (such as "exemptions from military service," figuring in the budget of 1874-5), and partly by the sale of national property, formerly belonging to churches, convents and monasteries.
—The following is a statement of the Spanish debt on Sept. 1, 1881:
—In a report of the government of the king Alfonso XII., dated July, 1875, it was stated that none of the national creditors could hope to be satisfied "without having recourse to credit operations at an enormous rate of interest, which in a short time doubles the original debt." By a complicated process of conversion, arranged in 1881-2, the various classes of Spanish debt are to be converted into "new 4 per cents," where by the actual capital will probably be reduced to £338,000,000 bearing an annual charge of £9,500,000, equal to about 11s. per head of the population. In addition to this, the state has incurred obligations in respect to the island of Cuba, estimated at over £10,000,000.
—VIII. Army and Navy. The Spanish army was composed, in 1874, of 70,000 infantry, 13,000 cavalry, 3,000 engineers, 14,000 artillery; besides 40,000 infantry of the reserve, 12,000 custom house employés, 12,000 police and 3,000 militia of the Canary islands. In these figures are not included the 23,000 to 24,000 men of all arms then garrisoned in Cuba, the 3,400 at Port Rico, and the 11,000 of the Philippine islands.
—The law of February, 1873, on the reorganization of the army abolished conscription by lot, and replaced it by voluntary recruitment. The recruitment takes place in the capitals of the provinces, in proportions to be fixed annually by a special law of the cortes. The voluntary recruit must not be less than nineteen nor more than forty years of age. The duration of service is two years for a new recruit, and one in case of re-enlistment, with a chance for the recruit of remaining for life in the active army, and enjoying the benefit of promotion in the order of merit and seniority. Voluntary recruits receive pay amounting to one piécette (1 franc) per day, payable weekly. The reserve (which remains at home) comprises all young men who, on the first of January of each year, shall have completed their twentieth year. The government may mobilize the reserve forces within the limits of the province to which they respectively belong, by a simple decree of the government; it may also mobilize them in their respective military districts, by decree, when the cortes are not in session; but in this case the government must inform the assembly as soon as it resumes its labors. In all other cases mobilization can take place only by virtue of a law.
—The requirement of a certain stature, as a condition for military service, is abolished in the regular army; it is only necessary to show that the recruit is sufficiently strong and robust in health to form a part of the military force. Voluntary recruits for the active army are exempt from the reserve. The term of service in the reserve is three years. The first year is spent in the ranks, to receive military instruction. During the other two years, young men enrolled in the reserve may be called to active service, in case of war, in which contingency a law of the cortes is necessary. Young men of seventeen years may also be admitted into the reserve, if their physical constitution permits them to enter the service.
—Instruction is given to soldiers of the infantry, artillery and engineers, by the officers of the corps; but the cavalry must pass through training institutions. In each corps there are schools for soldiers, non-commissioned officers, and officers, in which they are instructed in their own duties and in those of the grade immediately above them. In the infantry cadets are admitted, whom an officer instructs in the branches necessary to pass the examination as sub-lieutenants. The places of sub-lieutenant not filled by non-commissioned officers and cadets, are reserved for the graduates of the infantry college at Toledo. These graduates, admitted at the age of fourteen or fifteen years, remain, after examination, three years at school, then enter the regiments, where they pass successively, in the course of six months, through all the inferior grades, before they are appointed sub-lieutenants. A similar college exists at Valladolid for the cavalry: the graduates follow the same course to become cornets. The artillery has its college at Segovia, the students (who lodge there as in the preceding two) remain four years, at the end of which time they become attendants of the school of application, from which, after two years, they issue as lieutenants of the corps. The school of engineering is at Guadalajara. Applicants for admission must be from sixteen to twenty-five years of age, and pass an examination to enter as day scholars, according to their merit, either in the preparatory course, or in that of the first year. After the course of the second year, those not already occupying that rank are made sub-lieutenants; after four years they obtain the grade of lieutenant. For the staff school, situated at Madrid, the conditions are nearly the same as for the school of engineering. At the end of four years the lieutenants pass into the infantry, then into the cavalry, in order to familiarize themselves during fifteen months with all the details and accounts; they visit the different military establishments during six months, before receiving their final appointment. There is also a college at Madrid for aspirants to employment in military administration; the course there lasts four years.
—Justice is administered, in the case of soldiers, by military councils of war, presided over by commanders of corps, or the local governor, according to circumstances, and composed of six members. The sentence is laid before the captain general, who, aided by his auditor, affirms or reverses it; in the latter case it is referred to the supreme tribunal of the army and navy. In the case of officers, the council is composed of general officers, and presided over by the captain general, assisted by the auditor, who does not, however, take part in the deliberations. The head of the state decides in the last resort, on the advice of the supreme tribunal. The sentence may be carried into immediate execution, and without appeal, if it does not involve loss of employment or life; nevertheless, it is always submitted to the approval of the chief of the state. Offenses and ordinary misdemeanors are judged by the captain general, assisted by his auditor; the case is then presented to the king. Directors general may order investigations against officers; they then present the case to the king, who decides, with the advice of the supreme tribunal. The artillery, engineers and the military administration have special tribunals. Besides the auditor and the procurator connected with the chief towns of the district, the military governors are obliged to consult an assessor.*114
—The navy consisted, according to official returns, of the following vessels afloat and under construction, in 1882
—The navy of Spain was manned, in 1879, by 14,000 sailors, and 7,033 marines, and commanded by one admiral, seven rice and rear admirals, and 644 commissioned officers of various grades. The navy, like the army, is recruited by conscription, naval districts for this purpose being formed along the coast, among the seafaring population. The number inscribed on these naval conscription lists of men between eighteen and thirty years was reported to be 72,000 at the end of June, 1875.
—IX. Resources, Trade and Industry. Agriculture is the most important branch of activity in Spain, where there is reason to believe that, of 100 inhabitants, 75 cultivate the soil. The land cultivated comprises 1,150,200 hectares of irrigated land and 25,393,637 hectares not irrigated. The Basque provinces and Navarre refuse all information on this subject. It results from these figures, and from those which may be assigned to the wooded country, that there still remain about ten million hectares upon which human industry has not yet been exercised.
—The total imports and exports of Spain were as follows, in each of the five years 1877-81:
Among the importing countries, Great Britain and France stand first; but in exports, the former holds the first rank.
—The merchant navy of the kingdom consisted, on Jan. 1, 1881, of 2,236 vessels, of a total burden of 560,125 tons, comprising 347 steamers, of 233,686 tons. At the commencement of 1860 there were 6,715 vessels, of 449,436 tons burden, and at the commencement of 1868 the number of vessels had fallen to 4,840, and the total tonnage to 367,790, showing a decrease in the eight years of 1,975 vessels, of an aggregate burden of 81,696 tons. There was an increase in tonnage, it will be seen from the preceding figures, of 192,355 tons, in the thirteen years from 1868 to 1881.
—The length of railways in Spain, on Jan. 1, 1880, was 6,550 kilometres, or 4,067 English miles; and 2,000 kilometres, or 1,242 English miles, were in course of construction. The whole of the Spanish railways belong to private companies, but nearly all have obtained guarantees, or subventions, from the government. During the reign of Alfonso alone 2,000 miles of new lines have been opened, and 3,000 more were in course of construction in 1882.
—The postoffice carried 85,210,000 letters and post cards in the year 1878. There were 2,592 postoffices on Jan. 1, 1879.
—The length of lines of state telegraphs of Spain, on Jan. 1, 1880, was 16,124 kilometres, or 10,070 English miles, and the length of wire 40,405 kilometres, or 25,150 English miles. In the year 1880 the total number of telegraph messages was 2,222,429; one-fourth of the whole number being international, and one-fifth of the remaining number administrative, dispatches.
—X. Colonies. The colonial possessions of Spain, formerly embracing nearly the whole of America, are reduced at present to Cuba, Porto Rico and the Philippine islands, with scattered settlements in the Atlantic and Indian archipelagos, a small strip of territory in northern Africa, and another strip claimed on the west coast of Morocco. The total area of these possessions is 164,926 English square miles. The total population, according to returns mostly for 1877-80, numbered 6,399,347. These returns state the area and population of the various possessions as follows:
The population of Cuba, at the census of Dec. 31, 1877, was distributed as follows. Whites, 764,164; free negroes, 344,050; negro slaves, 227,902; and Chinese, 58,400. The number of slaves from 1870 to 1877 decreased by 136,000. But the total number of inhabitants also decreased by 20,500 during the same period.
—Spain is the only European state which still permits the existence of slavery in its colonies. A bill for the abolition of slavery in Porto Rico was passed by the national assembly on March 23, 1873, while a bill for the gradual abolition of slavery in Cuba was laid before the cortes in November, 1879, supported by the government. The bill provides, that, on the promulgation of the law embodying it, all slaves from fifty-five and upward shall become free; that slaves from fifty to fifty-five shall be liberated on Sept. 17, 1880; from forty-five to fifty, in September, 1882; from forty to forty-five, in 1884; from thirty-five to forty, in 1886; and from thirty to thirty-five in 1888. Those under thirty shall be emancipated in 1890. From 1880 a sum of 100,000 piastres was to be annually set apart in the Cuban budget for defraying the expense of the emancipation of the slaves, the price to be paid to the owners being fixed at 350 piastres for each slave.
—Cuba is divided into three provinces, the southeast and central being the richest and most populous, containing twenty-two cities and towns, and 204 villages and hamlets.
—BIBLIOGRAPHY. NiÑano, Diccionario-geografico, estadistico, historico de EspaÑa y sus provinclas de ultramar, Madrid, 1846-50; Block, L'Espagne en 1850, Paris, 1851; Lestgarens, La situation économique et industrielle de l'Espagne en 1860, Brussels, 1861; Garrido, La EspaÑa contemporanea, Barcelona, 1865; Germond de Lavigne, L'Escagne et le Portugal, Paris, 1867; Thieblin, Spain and the Spaniards, 2 vols., London, 1874; Memorias del instituto geografico y estadistico, Madrid, 1875, etc; Chervin, Statistique du mouvement de la population en Espagne de 1865 ù 1869, Paris, 1876; El movemiento del estado civil in EspaÑa desde 1861 à 1870, Madrid, 1877; Guia official de EspaÑa, Madrid, 1878; Lafuente, Historia general de EspaÑa, Madrid, 1850-67, 30 vols; Tapia, Historia de la civilisazion de ExpaÑa, 7 vols., Madrid, 1861-4; Montesa y Manrique, Historia de la legislacion, etc., de EspaÑa, Madrid, 1864; Rico y Amat, Historia politica y parlamentaria de EspaÑa, 3 vols., Madrid, 1860-62; Alfaro Compendio de la Historia de EspaÑa; 3 vols., Madrid, 1862.
Notes for this chapter
The national church of Spain is the Roman Catholic, and the whole population of the kingdom, with the exception of about 60,000 persons, adhere to the same faith. According to article twelve of the constitution of 1876, a restricted liberty of worship is allowed to Protestants; but it has to be entirely in private, all public announcements of the same being strictly forbidden. The constitution likewise enacts that "the nation binds itself to maintain the worship and ministers of the Roman Catholic religion". Resolutions of former legislative bodies, not repealed in the constitution of 1876, settled that the clergy of the established church are to be maintained by the state. According to official returns laid before the cortes in July, 1876, the number of places of worship and schools of Spanish Protestants were as follows: fifty-three places of worship; ninety schools, with 2,500 enrolled members, and 8,000 attendants at service on Sundays at the various chapels; 3,000 children. The poorest receive Protestant education.—F. M.
It was found, at the general census of 1860, that of the total population of the kingdom, there were 2,414,015 men and 715,906 women able to read and write; 316,337 men and 389,211 women able to read, but not to write; and that all the rest, upward of 5,000,000 men and 6,800,000 women, could neither read nor write. At the preceding census, of 1846, the total number of persons of both sexes, able to write, was found to be on more than 1,221,001, while the total number able to read was only 1,898,288, or considerably less than one-fifth of the population.
—In 1878 there were stated to be 29,600 schools in Spain for primary education, with 1,611,000 pupils. Middle-class education is given in fifty-eight public colleges, by 757 professors, to 13,881 pupils. In first-class education the most remarkable feature is the large number of law students, namely, 3,755 in 1859-60, divided among ten faculties. There were, at that date, ten faculties of literature and philosophy, with 234 students; seven faculties of sciences, with 141; four faculties of pharmacy, with 544, seven faculties of medicine, with 1,718; and six faculties of theology, with 839 students—in all, 6,181 students. The expenditure for public education by the government amounted, on the average of the last years, to rather less than £250,000.—F. M.
The army of Spain, reorganized in 1868, after the model of that of France, was modified as to its organization by subsequent laws in 1877, 1878 and 1882. Under the new military law, the armed forces of the kingdom consist: 1, of a permanent army; 2, of a first or active reserve; and 3, of a second or sedentary reserve. All Spaniards past the age of twenty are liable to be drawn for the permanent army, in which they have to serve three years; they then pass for three years into the first or active reserve, and then for six years into the second reserve. Any one many purchase exemption from service by a payment of about $300.
—The strength of the permanent army of the peninsula for 1882-3 was put down at 94,810 men; while for Cuba the number was 26,579; Porto Rico, 3,318; and the Philippines, 10,035. Or the infantry there are 140 battalions, and of the cavalry twenty-four regiments; six regiments of artillery, and ten battalions of pioneers. The civic guard consists of fifteen regiments, with 780 officers and 14,756 men
End of Notes
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