The 1859 Constitution of Costa Rica

and its relevance in the trilogy

The Political Constitution of Costa Rica of 1859 is one of the fundamental documents for understanding the legal, political, and moral climate that marked the destiny of the protagonists of Las Aguas Amargas del San Juan and, in general, of the turbulent period after the National Campaign. Promulgated two years after the events narrated in the novel, this Constitution reveals the legal framework within which former President Juan Rafael Mora Porras, as well as other central actors in the conflict, were judged, condemned, and executed.

The novel specifically cites Articles 41 and 42, which regulated the death penalty in Costa Rica. These articles clearly established the legal basis for the executions of the time, including the one against Mora in 1860 in La Angostura, Puntarenas. Its inclusion in the narrative is not incidental: they are part of the structure of silences, omissions, and state decisions that contributed to shaping the official memory of the country.

The 1859 Constitution is also key to understanding how, at the same time that the nation sought to politically reorganize after the filibuster invasion, decisions were made that would later have profound consequences in the construction of oblivion—one of the central themes of the trilogy. By analyzing this document, the reader can observe not only the legal spirit of the time, but also how certain norms facilitated or legitimized political processes that marked the course of national memory for decades.

Therefore, this Magna Carta is not only an artifact of the past: it is a living testimony of the tensions between law, power, and historical narrative, and an essential entry point to understand the documentary dimension of Aguas Silenciadas and La Frontera del Agua.

---

Access to the historical document:

Download PDF of the Political Constitution of Costa Rica of 1859 (Click link to download)