CONSTITUTION OF APATZINGÁN: AUTHORS AND CHARACTERISTICS - HISTORY - 2025

The Constitution of Apatzingán is recognized as the first Magna Carta that Mexico had. It was promulgated on October 22, 1814 by the Chilpancingo Congress, in the times of the viceroyalty of New Spain. Its official name was the Constitutional Decree for the Freedom of Mexican America and it is also known as the Constitution of 1814.

It was signed in Apatzingán, because the members of Congress had to flee to that city due to the harassment of Félix María Calleja and his troops. Although the Constitution of Apatzingán could not enter into force or was applied, it was the most important Mexican Constitution until 1857.

The main points of the Constitution of Apatzingán are the proclamation of the Independence of Mexico and the rejection of the monarchy as a form of government; instead, it establishes the republic and incorporates the principle of popular sovereignty. Slavery is abolished and the indigenous tax is abrogated.

Likewise, it establishes the freedom of the press and the inviolability of the home. Habeas corpus and the Catholic religion are institutionalized as the only religion that the Mexican State must profess. Through this Constitution, José María Morelos was appointed as head of the Executive Power.

Background

The antecedents of this Constitution can be classified into two types: political and legal or constitutional.

Politicians

Spain had been invaded by Napoleon's French troops in 1808. Consequently, King Ferdinand VII and his son Charles IV were forced to abdicate.

These events generated a climate of uncertainty in the viceroyalty of New Spain (Mexico) and throughout America, and were the trigger to start the War of Independence in the American colonies.

Several elements constituted the propitious scene for the emancipation. There was an obvious power vacuum on the Spanish throne that the French failed to fill. Creole whites were dissatisfied with the government of Spain and, furthermore, most of the Spanish troops were concentrated in the Iberian Peninsula.

There was disagreement about the distribution of public offices, the payment of taxes to Spain and the legal inequality between white Creoles and peninsular. This was interpreted by the New Spain ruling classes as the ideal moment to "free themselves from the Spanish yoke."

In this scenario, the Grito del priest Miguel Hidalgo takes place in the town of Dolores, Guanajuato, on September 16, 1810. This event unleashed the Mexican liberating war that ended with the declaration of Independence on September 21, 1821.

Legal and constitutional

The first constitutional drafts of the insurgents led by Miguel Hidalgo were maturing in the heat of the independence struggles. Before the Constitution of Apatzingán, several writings were produced that served as the legal basis for the Constitution of 1814.

Among these writings is the Manifesto against the Inquisition, which the priest Hidalgo signed on December 15, 1810. This denounces and accuses the Spanish of the abuses committed during the viceroyalty. Through this, Hidalgo also justifies his revolution and calls a congress.

Its content is summarized in the ideology of religion, social equality, economic and political freedom and good government. Hidalgo was shot before the installation of the Congress of Morelos, but immediately afterwards the Junta de Rayón (promoted by Ignacio López Rayón) was organized.

From the Board of Zitácuaro to the Congress of Anáhuac

Ignacio López Rayón, who served as Miguel Hidalgo's secretary, took charge of the insurgent troops. He instituted in Zitácuaro on August 19, 1811, the Supreme Governing Board of America to defend the rights of the deposed King Fernando VII.

The Junta de Rayón also invoked the protection of the Catholic religion, the defense of freedom and the goods of the country.

The assembly called was a failure in terms of the participation of the numerous insurgent troops. Its authority was questioned, but it is considered one of the first constitutional initiatives of the Mexican patriots.

The writings produced by Rayón and the Junta constituted the legal basis for the Constitution of Apatzingán. Especially the constitutional elements drawn up by General Ignacio López Rayón. In this document, which does not constitute a draft Constitution itself, the ideas of the insurgent movement are exposed.

Constitutional elements of Rayón

There are thirty-eight articles containing individual ideas that deal with various topics: religious intolerance, popular sovereignty, human rights, the creation of the Supreme Congress to replace the Junta de Zitácuaro and the creation of a Council of State, among other issues.

The Junta of Zitácuaro then gave way to the Congress of Anáhuac (also known as the Congress of Chilpancingo), which was convened by José María Morelos on September 14, 1813. This congress declared the independence of North America from the Spanish Crown.

Morelos that day read the document Sentimientos de la Nation, which highlights the value of freedom and human rights; this is another antecedent of the political Constitution of Mexico.

Authors

During the congress meeting in Apatzingán, the Independence of Mexico was voted and declared. The approved Constitution prohibited slavery and torture, and established the universal rights of the people, without distinction of class or caste. In addition, the distribution among the peasants of the latifundios (estates with extensions greater than two leagues) was ordered.

The writers and signatories of the Constitution of Apatzingán were the following insurgency deputies:

- Antonio José Moctezuma for Coahuila.

- José María Liceaga representing Guanajuato.

- José Sixto Berdusco representing Michoacán.

- José María Morelos on behalf of Nuevo León.

- Cornelio Ortiz de Zarate for Tlaxcala.

- José María Cos on behalf of Zacatecas.

- José Sotero Castañeda for Durango.

- Manuel de Aldrete y Soria representing Querétaro.

- José María Ponce de León for Sonora.

- Francisco Argandar on behalf of San Luis Potosí.

- José Manuel Herrera on behalf of Tecpán.

Morelos appointed all the representatives, except José Manuel Herrera on behalf of Tecpan, who was elected by vote.

José María Liceaga appeared as president of the constituent body and Pedro José Bermeo and Remigio de Yarza were the secretaries. The Constitution was signed on October 22, 1814, but it was published two days later.

The drafters of the Constitution were Carlos María de Bustamante, Andrés Quintana Roo and José Manuel Herrera. Brandon López, Manuel Sabino of the Year and Antonio de Sesma also took part in its discussion and approval.

characteristics

- It is a Constitution based on the ideas of European bourgeois liberalism, with a marked influence of the ideas of the French Revolution, of the classical texts and of the French constitutions (1793 and 1795). It is also influenced by the liberal ideas expressed in the Cortes of Cádiz, which originated the Spanish Constitution of 1812.

- From the Constitution of the United States takes what is related to the division and type of powers of the State. That is, Executive (Supreme Board of Notables), Legislative and Judicial.

- It is divided into 2 titles and 242 articles.

- Through this, the provinces of Mexico, Tlaxcala, Puebla, Veracruz, Yucatán, Guanajuato, Tecpan, Oaxaca, Michoacán, Querétaro, Coahuila, Guadalajara, Zacatecas, Durango, Potosí, Nuevo Reino de León and Sonora were created.

Form of government

The form of government that the first Mexican Constitution adopted was the republic, replacing the monarchical system that prevailed in the viceroyalty of New Spain. The new Mexican State was divided into the three classic powers: executive, legislative and judicial.

The Supreme Government (so called the Executive Power) was composed of three representatives with equal power and duties. Power was exercised alternating every four months. Apart from the administrative and executive tasks performed by the Executive, its other function was to guarantee the rest of the rights that citizens had.

These rights were individual liberty, property, security, and equality. José María Morelos, José María Cos and José María Liceaga were the members of the Supreme Government.

References

1. The authors of the Constitution of Apatzingán. Retrieved on April 13, 2018 from epositorio.colmex.mx
2. Constitution of Apatzingán 1814. Consulted of deputies.gob.mx
3. Constitution of Apatzingán - 1814. Consulted of tlahui.com
4. Constitution of Apatzingán (October 22, 1814). Consulted of lhistoria.com
5. Constitution of Apatzingán. Consulted of es.wikipedia.org
6. Junta de Zitácuaro - History of Mexico. Consulted of independencedemexico.com.mx