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First Chilean National Congress

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Through Legislature, Congress and Napoleon

With an initial moderate tendency, through the coup d'état of September 4, hegemony was handed over to the so-called radical or patriotic sector, who imposed during the course of the Congress various reforms, such as the law of freedom of womb, or prepared the bases for future transformations, such as the law of cemeteries or the reform of education, which also included the beginning of a process of drafting a constitution, which, due to the closure of the Congress, did not come to fruition.

Call for the first Congress

The gestation of this first congress came directly from the First Government Board, installed on September 18, 1810, since the junta had been elected only by the inhabitants of Santiago, being therefore the expression of a single city, and therefore only took the title of provisional government, only "while the deputies of all the provinces of Chile were summoned and arrived, to organize the one that was to govern from now on".

Before the junta sent instructions, some provincial councils had already held elections. In Petorca the subdelegate Manuel de la Vega had himself elected deputy by the council he presided over, and in Concepción Andrés del Alcázar, Count de la Marquina, was elected through an open council. These elections were to be invalidated, at the request of the Santiago council, although they were later accepted as long as they were in accordance with the rules established in the text of the convocation.

Many of the patriots who were already thinking of full independence had their doubts about the immediate results of the action of the congress, based on the conditions of Chile's political development. Bernardo O'Higgins wrote:

As for me, I have no doubt that the first congress of Chile will show the most childish ignorance and will be guilty of all sorts of follies. Such consequences are inevitable, because of our total lack of knowledge and experience; and we cannot expect it to be otherwise until we begin to learn.

By order of the junta, the council of Santiago proposed on October 13 certain rules for the election, about the electors and possible candidates, although the junta did not decide anything for many days.

The junta discussed at length the call for the congress, and there was a lot of resistance to it. Again the council insisted on December 14 with an energetic proclamation by José Miguel Infante for a convocation. Finally, on December 15, mainly thanks to the impulse of Juan Martínez de Rozas, the main member of the junta, the approval of the Text calling for the First Chilean National Congress, which was quite inspired by the Spanish call to the Cortes of Cadiz, was achieved, distributing it to the other provinces of the kingdom.

The main mandates of the congress were:

To agree on the system that best suits their regime and security and prosperity during the absence of the King. They must discuss, examine and resolve calmly and peaceably, what kind of Government is suitable for the country in the present circumstances; they must dictate rules to the different authorities, determine their duration and powers; they must establish the means of preserving internal and external security and of promoting the means of giving occupation to the numerous class of the people that will make them virtuous, multiply them and retain them in the quietude and tranquility on which that of the State so much depends: and finally, they must deal with the general happiness of a people, who place in their hands the fate of their posterity.

Forty-two deputies were to be elected, and for each of the proprietary deputies there was to be a substitute, and the election was to be carried out by means of secret ballots. Deputies could be elected:

The natural inhabitants of the Party, or those from outside it residing in the kingdom, who by their patriotic virtues, their talents, and accredited prudence, have merited the esteem and confidence of their fellow citizens, being over twenty-five years of age, of good opinion and reputation, even if they are secular ecclesiastics.

These could not be elected:

Priests, subdelegates, and veteran officers, whose jobs require precise residence... those who have offered and admitted bribery so that the election falls on a certain person, and in the act of the election may be accused: the college of electors will determine the cause in a public and verbal trial, and the same penalty will be incurred by the slanderers.

The main institution in charge of the election in each locality was the council, which was responsible for electing those who voted, reviewing the electoral process and verifying the results. According to the text of the convocation they had the right to elect:

All individuals who by their fortune, employment, talents, or quality enjoy some consideration in the districts in which they reside, being neighbors, and over twenty-five years of age, as well as secular ecclesiastics, priests, subdelegates and military personnel", excluding "foreigners, bankrupts, those who are not neighbors, those prosecuted for crimes, those who have suffered infamous punishment, and debtors to the Royal Treasury."

Some neighbors, mainly José Miguel Infante, believed that all Chileans should vote by universal suffrage, since everyone had the imprescriptible right to name their deputies, although this opinion did not prosper.

Although at first there were no major objections to the text sent by the junta, the council complained because it considered that the representation of the capital, 6 deputies, did not match either the population or the importance of the city, so they proposed doubling their number. The council approved the proposal.

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