por What was the 1830 Constitution of Venezuela?
The Constitution of 1830 of Venezuela It was the Magna Carta that arose from the political-legislative actions of the Congress of 1830, which legalized the separation of the new Republic of Venezuela from Gran Colombia by establishing a new constitution.
Its most important aspects are its conciliatory tendency and its conservative nature.
La Gran Colombia was a South American regional project that brought together Venezuela, Colombia, Ecuador, Peru and Bolivia in a single constitutional state, unifying its policies and making it a power in the region against other powers, such as the United States or even the Spanish Empire. .
The 1821 constitution, which was the ruling body during its brief political life, promulgated the progressive liberation of slaves, ended the Inquisition, and declared itself a popular and representative government.
The causes of the dissolution of Gran Colombia were the difficult economic situation, the great geographical distances that prevented communication and political control of the territory, the conflicts within the pro-independence elites, and the regionalist discontent over the designation of Bogotá as the capital, considered «too far away»
By 1830, Venezuela was in the midst of a very strong economic crisis that caused discontent within the economic elites.
The need to remedy this situation became evident in the set of regulations and economic liberties that were proposed in its Constitution of 1830.
Fundamental aspects of the Constitution of 1830
1. Consensus between centralist and federalist tendencies
The Constitution of 1830 that governed Venezuela, sanctioned on September 22 by the constituent congress of Valencia, installed on September 6, represented a great effort of legal-political definition, with valuable contributions to the conformation of the Venezuelan State of the 19th century.
It was a reconciliation of the centralist and federalist tendencies that had dominated the country during its separation from Gran Colombia and since the period of independence from the Spanish Empire.
2. Contemplates Venezuela as an independent State
This Constitution also established that the nation was free and independent from any foreign power (in direct allusion to the Spanish Empire, of which Venezuela had been a colony for three centuries) and that it did not constitute the personal patrimony of any family or person.
3. Territorial division
The new Constitution subdivided the territory into 11 provinces, divided in turn into cantons and parishes, to facilitate their management and administrative control.
4. Central-federal form of government
The form of government proposed in the Constitution of 1830 was center-federal, responding to the political discussions of the moment that faced the centralists with the federalists. Finally, a kind of “middle ground” was chosen.
The Constitution also sought to legislatively unify the new nation: the laws of 1821 and 1824 for the confiscation of Spanish property were repealed, as an element of future friendship and reconciliation.
In the same way, it was arranged to arbitrate resources to sustain the army. To process loans, import taxes were established, granting franchises for the import of fruits and minor goods, abolishing the alcabala on the sale of slaves and fruits that were consumed in the country.
5. Death penalty
The death penalty was maintained: this policy responds to the strong conservative tendency that Congress had in 1830. The death penalty was considered necessary by legislators.
6. Reform of the Manumission Law
The Manumission Law established in 1821 was amended, extending the age for the manumission of slaves from 18 to 21 years.
This generated great controversy within the country, since it maintained the social status of slaves as such, regardless of whether or not they had contributed to the patriot cause.
7. Division of powers
The Constitution of 1830 divided public power into three great powers: the executive, the legislative and the judicial.
The executive power was exercised by the President of the Republic, the Vice President and some ministers.
The legislative power was represented by the National Congress. Finally, the judiciary was represented by the Supreme Court, the higher courts, and the lower courts.
8. Conservative electoral system
The Constitution of 1830 limited political rights (right to vote, to public justice, to inheritance, etc.) to men over 21 years of age, free, property-owning, and literate.
In this Constitution, the electoral process had a great weight, since force was restricted as an instrument of access to power, although in fact it happened that way, and the necessary controls were established in it to prevent the establishment of omnipotent powers.
It also limited the electoral participation of the poor classes by demanding two things to be able to exercise the right to vote: owning a property, or having an annual income of fifty pesos, or a profession, trade or industry that produced one hundred pesos a year or a salary. one hundred and fifty pesos per year.
This measure caused controversy in Venezuelan society, since it excluded from the political world significant numbers of people who had contributed to the patriot cause, but were neither property owners nor literate.
These measures only demonstrate the strong conservative tendencies that were maintained in the legislative Congress.
The citizen rights that did exist (for having met the aforementioned requirements) were subject to obedience to the laws, and these could be suspended or extinguished in case of madness, vagrancy, due to the exercise of the office of servant, due to continuous drunkenness. , by criminal action or by judicial interdiction.
For its part, the designated presidential constitutional term was 4 years, without the right to immediate re-election, the president being chosen by means of a census and indirect system.
References
Salcedo-Bastardo, J. Fundamental History of Venezuela. Caracas: Gran Mariscal de Ayacucho Foundation.
Brito Figueroa, F. (1963): The economic structure of colonial Venezuela.