WHAT IS THE SLAVERY LETTER? (CONSTITUTION OF 1843) - HISTORY - 2024

The Slavery Charter or constitution of 1843 is the name given to the third constitution of Ecuador, decreed at the Quito convention. This was imposed by President Juan José Flores, who was in his second presidential term.

It was very controversial in the town, who claimed that the legislation sought to consecrate the personalist government of Flores and grant him at the same time, dictatorial powers, highlighting the separation of Church and State.

When President Flores called the national convention in January 1843, the rumor spread that the Constitution of Ambato proposed by former President Rocafuerte would be replaced and that Flores would try to perpetuate himself in power, however the secret of a possible monarchy project was not circulating.

He acquired his name, as the opposition demanded that eight years of presidential term be granted and consecutive re-election be allowed. The document also obscured the functions of the legislative body, since it only allowed them to carry out conventions with an interval of four years.

A special commission or a council of state made up of five senators would be the only ones authorized to approve the presidential decrees, when the congress is not in session.

It was replaced after the departure from power of Flores in 1845. In 1861, another constitution elected by popular vote contrasted with this document, since it recognized Catholicism as the state religion.

Imposition of the Slavery Charter

The first Constitution of Ecuador was signed in 1830. In it the departments of Quito, Guayaquil and Cuenca were brought together in a confederation.

The document was replaced five years later by an even more centralized constitutional system. The second Constitution, in turn, was replaced by the Magna Carta known as "The Letter of Slavery."

The only sector that openly expressed its opposition to Flores' action was the Quito municipal council, whose members organized a protest against the new Magna Carta and were later presented to the court for "destabilization", by orders of the governor of Pichincha.

The decree issued by Flores also mentioned the rules under which the deputies to Congress would be elected. Conservative standards were respected, maintaining an indirect system of elections and establishing substantial property requirements to exercise the office.

The article that attracted the most attention was 24, in which all members of the Executive Cabinet - except for the first president - were allowed to function as members of future conventions. This empowered the ruling party to name the majority of the candidates and ensure preponderance in the Administration.

The election ended up giving positive results for the Executive Power; generals, colonels, governors, and even the vice president, ministers, and magistrates of the Supreme Court served as deputies.

Although there were no complaints of voting irregularities, it was public knowledge that the selection of representatives in Congress was handled by the Administration.

The delegates included independent leaders such as José Joaquín de Olmedo, José Modesto Larra, Colonel José María Urbina and Vicente Rocafuerte. Some of them later conspired to remove Flores from power.

Another aspect that caused noise was the imposition of tax reforms, a very unpopular measure, to which many attribute the start of the protests that would later end the Flores regime.

Controversial aspects

- Congress was only allowed to meet once a year, so the President would appoint a commission of five senators. These members would be responsible for legislating and supervising the Executive.

- The presidential term was extended to eight years, with the right to reelection for another eight years.

- Foreigners married to people of Ecuadorian nationality were allowed to exercise the presidency of the Republic.

- The term of the senators in their positions would be twelve years and that of the deputies, eight.

- Municipal regimes were not mentioned.

Historical background

At the beginning of the year 1830, Ecuador became a free and independent state. At that time, General Juan José Flores was placed as the supreme military and civil authority, until a national congress could meet and properly organize the Government.

The delegates held a conference in Riobamba on August 14, 1830, in which they elaborated the first Constitution of the Republic of Ecuador.

Although Flores was not Ecuadorian by birth, he was originally from Puerto Cabello in Venezuela, he was elected as president. His administration was successful and popular until 1833, when the opposition claimed that the National Congress had granted him "extraordinary powers to establish peace in the country."

The results of this measure were contradictory to its objective and a civil war developed in the country. To resolve the tension, a new convention was called in Ambato on June 22, 1835. There another Magna Carta was agreed and General Vicente Rocafuerte was elected as President of the Republic.

Rocafuerte's administration lasted until January 31, 1839 and was recognized for the peace and prosperity that reigned in the country during his presidential term.

General Juan José Flores repeated as first president in the third convocation to occupy the position in 1839, four years before the convention called in Quito with a date scheduled for January 15, 1843.

At that meeting, the country's Constitution was once again changed to another, which would later be recognized by the people as "the Slavery Charter."

In 1841, Flores became embroiled in a dispute with Congress and dissolved the institution. The tension between the executive and legislative branches spread throughout Ecuadorian politics from that moment on.

Congress tried to select a new successor to General Flores at a convention planned for 1842, but they were unsuccessful in their mission. The situation also cooperated in the preservation of the President's power.

For this reason, in 1843 Flores convened a new constitutional convention in which his delegates presented "The Letter of Slavery."

Results

The reaction of the people was sharp after the publication of its third Magna Carta; A period of domestic and foreign turmoil and conflict developed in response to the imposition.

Protected by the supreme legal document, which established indefinite reelection, General Flores was once again elected President on March 31, 1843. The situation unleashed a series of revolutionary protests, which began in 1844.

Vicente Ramón Roca, a businessman from Guayaquil, led the movement against the Flores regime. On March 6, 1845, the revolution left Guayaquil to spread to the rest of the country. Despite the fact that the President won a series of battles, he accepted that he could not defeat the rebels.

The movement culminated in a final settlement signed in June 1845. In the archive it was agreed that General Flores would resign from his post and undertake to leave the country and go into exile in Europe for at least two years. The first president preserved his merits, military rank and properties. His family and those close to him were respected.

His wife was entitled to receive half of his General salary during his absence, in addition, Flores was awarded a sum of $ 20,000 to cover his expenses in Europe. Under this agreement, the President left Guayaquil for Panama on June 25, 1845.

Constitutions of Ecuador

Precedents

• Riobamba, September 23, 1830.
• Ambato, August 13, 1835.

"The Letter of Slavery"

• Quito, April 1, 1843.

Successors

• Cuenca, December 8, 1845.
• Quito, February 27, 1851.
• Guayaquil, September 6, 1852.
• Quito, April 10, 1861.
• Quito, August 11, 1869.
• Ambato, April 6, 1878.
• Quito, February 13, 1884.
• Quito, January 14, 1897.
• Quito, December 22, 1906.
• Quito, March 26, 1929.
• Quito, December 2, 1938.
• Quito, March 6, 1945.
• Quito, December 31, 1946.
• Quito, May 25, 1967.
• Quito, January 15, 1978.
• Riobamba, June 5, 1998.
• Montecristi, September 28, 2008.

References

1. Republics, BO (2013). Ecuador. Washington: Book On Demand Ltd.
2. Kinsbruner, J., & Langer, ED (2008). Encyclopedia of Latin American history and culture. Detroit: Gale.
3. Lauderbaugh, G. (2012). History of Ecuador. ABC-CLIO.
4. Van Aken, M. (1989). King of the night. 1st ed. Berkeley: University of California Press.
5. Cancilleria.gob.ec. (2017). Constitutions of Ecuador from 1830 to 2008 - Ministry of Foreign Relations and Human Mobility. Recovered from: cancilleria.gob.ec.
6. Express.ec. (2017). Slavery Charter. Recovered from: expreso.ec.
7. Encyclopedia Of Ecuador. (2017). Slavery Charter - History of Ecuador - Encyclopedia Of Ecuador. Recovered from: encyclopediadelecuador.com.