UC-NRLF 
 
 270 
 
 I 
 
THE 
 
 GERMAN CONSTITUTION 
 
LONDON ! PRINTED BY 
 
 SPOTTISWOODE AN I) CO., NEW-STREET SQUAKE 
 AN T D PARLIAMENT STREET 
 
A SKETCH 
 
 OF. THE 
 
 GERMAN CONSTITUTION 
 
 AND OF THE 
 
 EVENTS IN GEKMANY 
 
 FROM 1815 TO l8yi 
 
 BY 
 
 A. NICOLSON J ^or> 
 
 THIRD SECRETARY IN HER MAJESTY'S EMBASSY AT BERLIN 
 
 u r> u A i; v 
 
 f N I V EKS1TY OF 
 
 CALIFORNIA. 
 
 LONDON 
 
 LONGMANS, GKEEN, AND CO. 
 1875 
 
 All riyhts reserved 
 
AT? Of 
 
1'UEFACE. 
 
 IN placing before the public this sketch of the Con- 
 stitution of the German Empire, I by no means lay 
 claim to having clone adequate justice to so important 
 a subject. My object has been merely to give English 
 readers some idea of how a country, holding so promi- 
 nent a position in Europe, is governed. Germany now 
 occupies so much the attention of public men in all 
 countries, that I thought a short explanation of the 
 form of its Constitution might be acceptable to those 
 who have neither the leisure nor the inclination to 
 wade through the elaborate works which German 
 writers have published on the subject. To those who 
 an- anxious to acquire a thorough knowledge of the 
 Constitution I would recommend the following books 
 for perusal : ' Das Verfassungsrecht des Deutschen 
 Keiches,' by Bonne ; ' Die Verfassung des Deutschen 
 Keiches,' by Von der Heydt ; ' Das Verfassungsrecht 
 des Norddeutschen Bundes,' by Thudichiim ; ' Die 
 
VI PREFACE. 
 
 Verwaltungseinrichtungen in Elsass-Lothringen,' and 
 4 Die Annalen des Deutschen Keiches,' by Hirth. 
 
 To render the origin of the Constitution, and the 
 cause which led to its establishment, clear to my 
 readers, I found it necessary to give a rapid survey of 
 the events which occurred in Germany from the year 
 1815 to the year 1871, and to avoid a break in the 
 narrative I placed the sketch of the Constitution of 
 1867 after the chapter on the events from 1867-1871, 
 though, chronologically speaking, it should have 
 preceded it. The present Constitution is, with a 
 few exceptions, identic with that of 1867 ; I have 
 therefore devoted more space to the former, and then 
 pointed out the alterations which were rendered 
 necessary by the admission of the South German 
 States into the North German Confederation, and by 
 the transformation of the latter into the German 
 Empire. I must, therefore, beg my readers to re- 
 member that in reading of the Constitution of 1867, 
 they have the present Constitution before them, and 
 not to imagine that, because I have been compelled 
 to use the past tense throughout, the Constitution has 
 been in any way altered, except in the instances which 
 are afterwards mentioned. 
 
CONTENTS. 
 
 CHAPTER I. 
 
 PAGE 
 
 Introduction The Federal Act of 1816 The Diet The Plenum 
 Court of Austragal Instanz Representative Assemblies Article 
 X I . of Federal Act Meeting of the Diet Congress of Carlsbad 
 Final Act of Vienna Revolt in Brunswick Sympathy with the 
 Polish Revolution Conferences at Vienna Camp at Kalisch 
 
 CHAPTER if. 
 
 Meetings in Baden The 4 Vor Parliament 'Dissolution of the 
 Diet Revolts in Baden Plans for a New Constitution Election 
 of Emperor Refusal of King of Prussia to accept Imperial 
 Crown Appointment of Particularist Ministry Resignation of 
 Members of Parliament Three Kings' Alliance Meeting of the 
 Old Diet Results of the Revolution of 1848 21 
 
 CHAPTER III. 
 
 Results of the Revolution of 1848 Three Great Questions The 
 Slesvig-Holstein Question Reform of the Constitution Congress 
 of Sovereigns at Frankfort 38 
 
 CHAPTER IV. 
 
 Austria's Position Differences between Austria and Prussia Gas- 
 tein Convention Difficulties in the Duchies European Powers 
 endeavour to preserve peace Entry of Prussian troops into Hoi- 
 stein Dissolution of the Diet Commencement of hostilities 
 Treaty of Prague . 54 
 
Vlll CONTENTS. 
 
 CHAPTER V. 
 
 PAGE 
 
 Armistice of Nickolsburg Treaty of Prague The new Constitution 
 The South German States The annexed provinces The Lux- 
 emburg question The reorganisation of Germany Establish- 
 ment of the German Empire 69 
 
 CHAPTER VI. 
 
 Laws of Central Power Charter of the Constitution Presidency 
 of the Confederation The Federal Council Federal Court of 
 Appeal The Reichstag Electoral Law Railways and Finances 
 The Revenue of the Confederation The Customs Union The 
 Constitutions of 1871 . , 84 
 
Ml! K .\ j. y 
 
 iVKKsrrv OF 
 CALIFORNIA. 
 
 SKETCH 
 
 GERMAN CONSTITUTION. 
 
 CHAPTEE I. 
 
 Intro I notion Tho Federal Act of 1815 The Diet The Plenum 
 
 at of AiHtru.riil Instanz Representative Assemblies Article 
 
 X I. of Federal At M tin<r of the Diet Congress of Carlsbad 
 
 Final Act of Vienna Revolt in Brunswick Sympathy with the 
 
 Polish Revolution Conferences at Vienna Camp at Kaliech. 
 
 Ox the establishment of the Rhine Confederation CHAP. 
 under the protection of Napoleon I. in 1806, the 
 
 . . Introduc- 
 
 Emperor Francis II. resigned the Imperial crown, tion. 
 and declared the German Empire to exist no longer^ 
 The Confederation of the Rhine, which increased in 
 numbers till it embraced the whole of Germany, 
 with the exception of Austria, Prussia, Swedish 
 Pomerania, and Holstein, gradually melted ^away 
 when the tide began to turn against the French 
 anus. * Germany was now utterly disintegrated. 
 The Holy Roman Empire had ceased to exist ; the 
 Confederation of the Rhine had followed it; and 
 from the Black Forest to the Russian frontier there 
 was nothing but angry ambitions, vengeances, and 
 fears. If there ever was to be peace again in all 
 
 B 
 
SKETCH OF THE GERMAN CONSTITUTION. 
 
 these wide regions, it was clearly necessary to create 
 something new.' 1 
 
 The reorganisation of Germany formed then 
 one of the principal subjects of negotiation at the 
 Congress of Vienna, and the result of the labours of 
 the statesmen and diplomatists engaged on this work 
 was the Federal Act, bearing date June 8, 1815, and 
 which was placed under the guarantee of eight great 
 European Powers. 
 
 Without examining the negotiations which led 
 to the formulation of the Federal Act (Bundes-Akte), 
 on which was based the German Confederation, 
 we will turn to the Act itself, and sketch some of its 
 principal features. 
 
 The Federal The object of the Confederation was stated to be 
 the maintenance of the external and internal security 
 of Germany, and the independence and inviolability 
 of the several German States. The affairs of the 
 Confederation were entrusted to an assembly, of 
 which Austria was president, and which is best 
 
 The Diet, known under the name of the Diet. The Diet con- 
 sisted of seventeen members, the larger States having 
 each one vote, and the smaller ones voting in groups. 
 The votes were divided in the following ratio : 
 Austria 1 ; Prussia 1 ; Bavaria 1 ; Kingdom of 
 Saxony 1 ; Hanover 1 ; Wurtemburg 1 ; Grand 
 Duchy of Baden 1 ; Electorate of Hesse 1 ; Grand- 
 Ducal Hesse 1 ; Denmark, for the Duchies of Hoi- 
 stein and Lauenburg, 1 ; the Netherlands, for Lim- 
 burg and Luxemburg, 1 ; the Duchies of Saxe-Mein- 
 
 1 Sketches in European Politics, by Grant Duff, p. 257. 
 
Till-: FEDERAL ACT. 
 
 ingon, Saxe-Coburg Gothri, and Saxe Altcnburg 1 ; CHAP. 
 
 Hrnnswiek and Xassau 1 ; Mecklenburg Schweriri 
 
 and Mecklenburg Strelitz 1 ; Oldenburg, Anhalt, 
 and the two Schwarzburgs (lludolstadt and Sonder- 
 hansen) 1 ; Lichtenstein, Reuss, Schaumbnrg-Lippe, 
 Lippe Detmold, Waldeck, and Hesse Homburg 1 ; 
 the five cities Lnbeck, Frankfort, Bremen, and 
 Hamburg 1. 
 
 When any change was proposed in the fnnda- The 
 mental law< of the Confederation, or when any de- 
 termination had to be arrived at on important 
 questions aU'eeting the general national interests, the 
 Diet was formed into a Plenum consisting of sixty- 
 nine members, in which the larger Powers had 
 s, according to their si/e, and the smaller 
 
 a <>ne vote each. The majority of voices in the 
 Mnaller a-embly derided what questions should bo 
 submitted to the Plenum. In the smaller assembly 
 an absolute majority was sullieient to decide a ques- 
 tion, while in the Plenum a two-thirds majority was 
 always necessary. The seat of the Diet was to be 
 at Frankfort-on-the-Main. 
 
 The right to form alliances with foreign powers 
 and with each other was reserved to members of the 
 Confederation, with the proviso that such alliances 
 were not detrimental to the general interests. Pro- Court of 
 vision was made for a court which could settle dif- 
 ferences between members of the Confederation, but 
 the proposal to create a real court of arbitration 
 failed, owing to the opposition of Wurtemburg, 
 
 
SKETCH OF THE GERMAN CONSTITUTION. 
 
 CHAP. Bavaria, and Hesse Darmstadt. This court was 
 
 
 termed Austragal Instanz. 
 
 When two confederate States had disputes be- 
 tween each other, they chose the highest court of 
 Justice of some third State, which was then called 
 Austragal Gericht, to which was entrusted the 
 settlement of the dispute. The execution of its 
 decrees was in the hands of the Diet. 
 
 Sr^ sen ~ Each State was to establish representative pro- 
 assemblies. v i nc i a i fasts. The attempts made by Austria, 
 Prussia, and Hanover, that the constitution and 
 functions of these representative assemblies should 
 be submitted to the approval of the Diet, were de- 
 feated by Bavaria, Wurtemburg, and others, who 
 considered it a question which each State should 
 settle for itself, and they would only permit of an 
 article being inserted in the Federal Act stating 
 that these assemblies were to be established 
 throughout Germany. This article (Article 13) 
 gave considerable trouble to the several States. In 
 most States these assemblies were not instituted ; 
 at any rate, not on the intended basis ; some old 
 representative bodies were revived, and in certain 
 instances some feeble uncertain steps were made 
 towards the formation of a representative system, 
 but nothing more. In Prussia a deputation was sent 
 by the Government into the provinces to sound the 
 feelings and opinions of the people in this matter. 
 
 Other articles in the Federal Act related to the 
 establishment of tribunals of justice, to the position 
 
THE FEDERAL ACT. 
 
 and privileges of the several princely houses, of the 
 
 members of the cathedral chapters, and of the 
 
 1815 
 
 German orders, and to the mutual intercourse be- 
 tween the inhabitants of the different States. The 
 rights of the mediatized princes, and of the former 
 nobles of the empire (Eeichs-adel) were settled by 
 Article 14 in a manner not quite satisfactory to 
 them, but which placed them in a better position 
 than they held in the time of the lihine Confedera- 
 tion. The laws which should govern the commerce, 
 tiie postal arrangements, the means of communica- 
 tion, the military sy-tem, &c. of the States were left 
 to future deliberation, while the civil rights of Ger- 
 mans were almost uncared for. 
 
 Perhaps the m<*t important article of the Federal Article xi. 
 Act is Article XL ; and as it was frequently appealed 
 to in 18G4 and in 1866, it may be as well to give 
 its full i 
 
 4 Every member of the Confederation promises 
 to protect all Germany as well as each individual 
 confederate State against every attack, and to 
 guarantee mutually to each other all their posses- 
 sions comprised in the Confederation. When war 
 has once been declared by the Confederation, no 
 member can enter on individual negotiations, or 
 conclude a truce or peace individually. The mem- 
 bers of the Confederation retain the right of forming 
 any alliance, but bind themselves not to make any 
 engagement directed against the safety of the Con- 
 federation, or any of its members. The members of 
 
i SKETCH OF THE GERMAN CONSTITUTION. 
 
 CHAP, the Confederation engage not to make war on each 
 -~' other on any pretext whatsoever, nor to settle their 
 ' differences by force, but to lay them before the Diet. 
 It then becomes the duty of the latter to attempt a 
 reconciliation through a commission, and in case this 
 attempt should fail and a judicial decision become 
 necessary, to bring this about by a properly insti- 
 tuted Austragal Tribunal, to whose sentence the 
 contending parties are bound instantly to submit.' 
 
 The Federal Act was drawn up hastily, and left 
 much unfinished. Prussia more, indeed, than the 
 other Governments desired that a greater extension 
 should have been given to it. Even at this early 
 period she gave indications of that policy which, 
 with the exception of a few rare intervals, she has 
 since steadily pursued, by making an effort, slight, it 
 is true, to form Germany into a Federative State 
 (Bundes Staat) instead of a Confederation of States 
 (Staatenbund). The time had not yet come for 
 this ; and the idea was chimerical and its execution 
 impossible as long as she and Austria were mem- 
 bers of one Confederation. The Confederation, as 
 now constituted, consisted of loose, heterogeneous 
 elements, with little life and less cohesion. But the 
 circumstances under which it was established rendered 
 this perhaps unavoidable. After the terrible events 
 of the last twenty years, men's minds had not re- 
 covered their ordinary calmness and soundness of 
 j udgment. Something must be immediately instituted 
 which should give -the form of government and 
 
MEETING OF THE DIET. 7 
 
 certain degree of unity, and round which Germans CHAP. 
 could rally, although the true attributes of govern- v ^ ' 
 ment were wanting. It was better to have an imper- 
 fect and incomplete Confederation for a time than to 
 have none at all. The avowedly temporary nature of 
 the constitution of the Confederation has induced me 
 merely to glance at its principal features. In ex- 
 amining the Final Act of Vienna, which came into 
 force live years later, we shall see that all that was 
 worthy of being retained from the Federal Act was 
 renewed in the former. 
 
 The Diet, which should have been opened on Meetin-.r 
 September 1, 1815, did not meet till October 1,1816. ' 
 It was at first determined to publish the protocols of 
 llie meetings with certain exceptions; but the excep- 
 tions gradually berume more numerous, and the 
 publication was more strictly limited by the Decree 
 of July 1, 1824. The Diet was en permanence ; 
 but during the annual vacation of two months a 
 commission of three members sat who disposed of 
 the current business. 
 
 The three years following the opening of the 
 Diet offer nothing of very great interest, with the 
 exception of the peace of Aix-la-Chapelle (1818), the 
 importance of which was to some extent diminished 
 by the Congress at Carlsbad of the next year. This 
 Congress must not be passed over in silence. 
 
 The year 1819 opened gloomily in Germany. Congress of 
 Considerable agitation and distress prevailed every- 
 where. Men hoped that after their trials and suffer- 
 
8 SKETCH OF THE GERMAN CONSTITUTION. 
 
 CHAP, ings in the war of liberation they would enter upon a 
 ' ' freer political life. Great things had been expected 
 from the Congress of Vienna. A united Germany, 
 liberal institutions, representative assemblies, the 
 attainment of those rights to which every free man 
 had a claim habeas corpus, removal of religious 
 disabilities, liberty of the press and of education, &c. 
 these had been the dreams of every German. Their 
 disappointment was bitter when they found that 
 Germany was united but in name, that the represen- 
 tative assemblies, though promised, came into exist- 
 ence but in a few instances, and then in a cramped 
 and crippled condition ; that the acquisition of civil 
 rights was as far off as ever. No wonder that 
 discontent was almost universal. But with the ex- 
 ception of one or two isolated acts of violence, of 
 which the murder of Kotzebue may be cited as the 
 one which created the most excitement in Europe, 
 no outbreak took place. The Governments, how- 
 ever, were conscious of the deep-rooted and wide- 
 spread dissatisfaction, and filled with fear of the 
 revolutionary ghost, which, as Stein remarked to 
 Gagern, ' Cowardice evokes arid cunning makes use 
 of.' The representatives of nine Confederate States 
 met at Carlsbad in August 1819 to devise measures 
 for repressing the unruly spirit which, though at 
 present quiet, was at any moment ready to break 
 forth. 
 
 The resolutions of this Congress, which were at 
 once accepted by the Diet, were directed to four 
 
CONGRESS OF CARLSBAD. 9 
 
 points ; in these lay the chief danger, to guard CHAP. 
 against which, some active measures must be at once * - ' 
 t.ken. 1816 - 19 ' 
 
 The points were as follows : 
 
 1. The uncertainty respecting the meaning and 
 scope of Art. 13 1 of the Federal Act, and the misap- 
 prehension which arose therefrom. 
 
 2. The misconceptions concerning the authority 
 of the Diet, and the insufficiency of the means by 
 which tliis authority could be enforced. 
 
 3. The imperfections in the School and University 
 in. 
 
 4. The misuse of the Press ; and especially the 
 mix 1 iicf produced by newspapers, periodicals, and 
 pamphlets. 
 
 The loth Article ha<l given rise to considerable 
 misapprebenaioQfl and difficulties, which at one time 
 threatened to become dangerous to the existence even 
 of the Confederation. The desire to establish repre- 
 sentative assemblies in the several confederate States, 
 based upon the same system of election, proved 
 almost impossible of realisation. The amalgamation 
 of several of the smaller States into one electoral 
 body presented great difficulties ; as in some States 
 
 mblies had already been in existence, whilst in 
 others they were almost entirely unknown. The 
 door which these assemblies opened to democracy, 
 the encroachments they would be able to make on 
 
 1 The Article which established representative assemblies in each 
 BUte. 
 
SKETCH OF THE GERMAN CONSTITUTION. 
 
 CHAP, the privileges and rights of the Confederation itself, 
 - ' terrified the monarchical supporters in the Diet. But 
 the Governments, and especially those of the Middle 
 States, 1 were unwilling to lose any little popularity 
 they might possess amongst the people by entirely 
 withdrawing the privilege of representative assem- 
 blies; they therefore preferred to take a middle course. 
 The Diet renewed the declaration that these Assem- 
 blies were to be instituted, but this declaration does 
 not appear to have had much effect. 
 
 The right of the Diet to order executions in re- 
 calcitrant States, and to step in between a ruler and 
 his subjects, if there was danger of the public order 
 being disturbed, was re-affirmed. Almost unlimited 
 power was placed in the hands of the Diet in this 
 respect. A central enquiry commission was estab- 
 lished at Mainz to detect conspiracies and to punish 
 offenders. 
 
 To watch over the Universities a Government 
 delegate was appointed whose duty it was to super- 
 vise the conduct, mode of -teaching, moral and politi- 
 cal principles of the professors arid students. This 
 tyrannical act was probably justified in the eyes of 
 the Government and their supporters by the Circular 
 Note of Count Bernstorff, in which he terms the 
 Universities ' poisonous wells.' 
 
 The powers of the censor were to be increased, 
 and the press supervised in the severest manner. 
 
 1 The middle States were Saxony, Bavaria, Wurtemburg, 
 Hanover and Had en, Electoral Hesse and Hesse Darmstadt. 
 
1-lNAL ACT OF V1KXXA. ) t* /^ \\ 
 
 These were the resolutions which the Dre^m-'^ 
 
 
 mediately commenced to put in force, but, as migfcj^ -y 
 be expected, tliey were too severe to have any other j * 
 effect than that of strengthening the spirit of resist- 
 ance. The arrests which proceeded by the orders 
 of the Mainz Commission with exemplary fre- 
 quency and impartiality, proved how groundless 
 were the revolutionary fears which the Governments 
 had endeavoured to spread throughout Germany; 
 and the Commission, to avoid becoming ridiculous, 
 gradually ceased its labours. 
 
 It was, however, quite evident that the Const! tu- Final Act 
 tion, as laid down in the Federal Act, must be 
 thoroughly revised. Late events had shown too 
 clearly how utterly inadequate it was to the times. 
 On November 25, 1819, representatives from the 
 various German Governments met at Vienna, and 
 the conferences continued until May 24, 1820. The 
 result of their labours was the Final Act of Vienna 
 (Wiener Schluss Akte), and which was ratified in 
 the Plenum, June 8, 1820, and the same power and 
 validity given to it as was possessed by the Federal 
 Act. The character, functions, and position of the 
 Confederation were more closely defined, and an 
 endeavour was made, in many instances with con- 
 siderable success, to clear up some doubtful points 
 which the Federal Act had left in uncertainty. The 
 definition of the Confederation was most careful: 
 4 The German Confederation is an international 
 society of the German sovereign princes, and of the 
 
.2 SKETCH OF THE GERMAN CONSTITUTION. 
 
 CHAP, free towns, for the preservation of the independence 
 - - and inviolability of the States which compose the 
 " ' Confederation, and for the maintenance of the inter- 
 nal and external security of Germany. This union, 
 with regard to its internal affairs, is a corporation of 
 self-dependent, and with regard to each other, inde- 
 pendent States, with mutual treaty rights and obliga- 
 tions ; and is, with regard to external affairs, a 
 politically united Power.' 1 
 
 I will now proceed to examine the Final Act a 
 little in detail. This elaborate Act consisted of 
 sixty-five articles, which we may group under the 
 following headings. Articles 1 to 34 relate to the 
 constitution and sphere of action of the Confedera- 
 tion, and to the rights and duties of the Diet. 
 Articles 35 to 52 concern the foreign relations and 
 military system of the Confederation. The remaining 
 articles have reference to various matters governing 
 the internal relations of the members of the Con- 
 federation. 
 
 The smaller assembly and the Plenum were still 
 maintained, though the action of the latter was a 
 little more limited. In the latter assembly no con- 
 sultation or debate was to take place : a vote alone 
 was to be taken as to whether a resolution arrived 
 at in the smaller council was to be accepted or not. 
 A simple majority decided in the smaller council, 
 but in the Plenum a majority of two thirds was 
 necessary. 
 
 1 Articles 1 and 2, Wiener Scbluss Act. 
 
FINAL ACT OF VIENNA. 13 
 
 The right of the Diet to interfere in disputes 
 between the head of a State and his subjects was put 
 very decidedly and clearly, and it may not be 
 thought out of place to quote the whole article : 
 ' If the internal order of a State of the Confederation 
 is disturbed by the opposition of the subjects against 
 their head, and a spread of revolutionary movements 
 is to be feared, or if an actual revolt has broken out, 
 and if the Government, after having exhausted all 
 constitutional and legal means, appeals to the Con- 
 federation for assistance, the Diet is to take steps for 
 immediately aiding in the restoration of order. If 
 in the last case the Government is notoriously 
 incapable of subduing the revolt with its own forces, 
 and if it should be prevented by circumstances from 
 calling in the help of the Diet, the latter, even 
 though not appealed to, is equally bound to intervene 
 for the restoration of order and safety.' 
 
 The differences between States were to be re- 
 ferred, as before, to a third member of the Con- 
 federation, or to a committee of that body. War 
 between two States was therefore considered impos- 
 sible ; and it is well to bear this in mind when we 
 come to the events in 1866. Any attack by a 
 foreign Power on one member of the Confederation 
 was considered as affecting all the States, and 
 measures were to be taken for the common defence ; 
 though if a State which had territories outside the 
 Confederation waged war in its character as a 
 European Power, the Confederation was to remain 
 
:4 SKETCH OF THE GERMAN CONSTITUTION. 
 
 CHAP, a stranger to such a war. The negotiations for a 
 ^ treaty of peace were entrusted to a committee, and 
 ratification by the Plenum was of course necessary. 
 
 Sir A. Malet, in his work on the c Overthrow of 
 the Germanic Confederation ' remarks, that no treaty 
 was ever made by the Diet, but various conventions 
 contracted by the several members of the Con- 
 federation with each other and foreign States, such 
 as treaties of extradition, postal and copyright 
 conventions, after they had been ratified were 
 laid before the Diet, not wholly as a matter of 
 form, for when recognised by the assembly they 
 thereby became binding on all members of the 
 Confederation. 
 
 The Confederation could receive from, and send 
 representatives to, foreign States, though the latter 
 right, according to the protocol of the Vienna 
 conferences, was to be exercised only in exceptional 
 cases. 
 Represen- A strenuous attempt was made to breathe some 
 
 tative 
 
 Assemblies lif e i n to the representative assemblies, and to establish 
 them on a firm basis ; but the Governments were 
 unwilling to give way in any sensible degree on this 
 point. The president of the Diet, indeed, in his 
 opening speech pointed out the groundlessness of 
 the fears of those who thought that these assemblies 
 would prove a danger to the Confederation, and to 
 monarchical institutions, and declared it to be one 
 of the first and most pressing duties of the Diet to 
 establish them on a solid and durable basis. But 
 
FLVAL ACT OF VIENNA. 15 
 
 the middle States especially, probably supported by CHAP. 
 Eussia, were strongly opposed to any curb on the ' ' 
 power of the princes. These assemblies cannot be 
 said ever to have exercised any influence. 
 
 An attempt was made to improve the military Military 
 system, but without much success. The Federal 
 army, as is well known, existed chiefly on paper, and 
 its organisation was so clumsy and defective that 
 when called into action, it hampered rather than 
 aided the execution of the designs for which it was 
 summoned. Each State paid a sum into the Federal 
 state in proportion to its population. There were 
 two chests : a Federal war chest and a Federal pro- 
 rata chest (Matrikular-Casse). From the latter the 
 expenses of the army during peace time were paid. 
 The army was to be divided into army corps, of 
 which the Austrian army formed the 1st, 2nd, and 
 3rd corps, and that of Prussia the 4th, 5th, and 6th. 
 Those States which were not large enough to form 
 an army corps were to furnish contingents to some 
 other corps; the number of men of which these 
 contingents were to consist being calculated on the 
 population. 1 The commander-in-chief during war 
 time was to be selected by the Diet, and he was to 
 relinquish his command immediately on cessation of 
 hostilities. The want of one sole head to the army 
 was alone sufficient to render impossible the fulfil- 
 ment of any scheme of organisation. 
 
 1 Some of these contingents were not very large. Liechtenstein 
 furnished 55 men. 
 
16 SKETCH OF THE GERMAN CONSTITUTION. 
 
 The Final Act was no doubt a great step in ad- 
 vance of the Federal Act, but it can in no way be 
 considered as a satisfactory Constitution for a great 
 country like Germany, composed of so many diverse 
 States. The postal arrangements, the railway sys- 
 tems, customs, taxes, and commerce, navigation of 
 rivers, &c., &c., all those questions which touch 
 men closely in the ordinary relations of life, were 
 left unnoticed^/ This is doubtless owing to the fact, 
 that it was almost impossible to reconcile the con- 
 flicting interests on all these points. The smaller 
 States clung closely to their separate administration, 
 however destructive this might be of free develop- 
 Customs ment. The Society of Merchants and Manufacturers 
 which was formed in Frankfort in 1819, desired a 
 General Customs Union for the whole of Germany. 
 The Diet, however, did not accept the proposition, 
 although Prussia was strongly in its favour. It was 
 not till 1828 that Bcivaria formed a Customs Union 
 with Wurtemburg ; and her example was quickly 
 followed by Prussia, who concluded a Union with 
 Hesse Darmstadt. These steps induced Hanover, 
 Electoral Hesse, and Saxony to enter into a middle 
 German Union. In the following year (1829), 
 owing to the exertions of Y. Cotter, the greatest 
 bookseller in Germany, an amalgamation of the 
 North and South German Unions was effected at 
 Berlin. 
 
 But a rapid glance must suffice for the interval 
 between the Final Act of Vienna and the great re- 
 
 union. 
 
INEFFICIENCY OF THE DIET. 17 
 
 volution of 1848. The revolution of 1830 had but CHAP. 
 little effect in Germany, and it would be beyond the ' r - 
 scope of this work were I to detail all the events 
 which occurred in Germany during these twenty- 
 eight years. 
 
 The discussions of the Diet were most dreary inefficiency 
 
 J of the Diet. 
 
 and unprofitable. It passed many resolutions stating 
 the high and noble objects it had in view, but at the 
 same time it rarely, if ever, came to any practical 
 conclusion. An exception should be made with 
 regard to the settlement of the navigation of several 
 rivers ; the most important of which was the Ehine. 
 The Mainz Navigation Act of March 31, 1831, 
 settled the complicated questions involved in the 
 latter case. Occupied chiefly with the complaints 
 and squabbles of the smaller States, either between 
 themselves or between their Governments and the 
 representative Assemblies, the Diet frittered away its 
 time in such small matters. Austria and Prussia 
 made it a tool wherewith, in the apparent interests 
 of public order and morality, severe repressive laws 
 might be passed. With such a central power, and 
 loaded with the chains of the Carlsbad resolutions, it 
 was impossible for Germany to become a free and 
 prosperous country. 
 
 The only case of open revolt which occurred in Revolt in 
 
 Brunswick. 
 
 1830 was in Brunswick. The duke of this country, 
 by his dissipated and extravagant life, as well as by 
 his foolish and tyrannical government, had raised 
 
18 SKETCH OF THE GEKMAN CONSTITUTION. 
 
 CHAP, much enmity against his person. But the revolution- 
 ' ists who forced him to fly the country, and who 
 ' burnt his palace down, were rather animated by per- 
 sonal dislike than by any political motives. His 
 brother William took the reins of government, and 
 was recognised by the Diet. In some of the other 
 smaller States disturbances broke out ; but they 
 were quickly suppressed, and had no further 
 results. 
 
 severereso- The Diet had - been rather uneasy when the 
 thepiet. news of the neighbouring revolution arrived, but 
 seeing that the danger was passing away, and that 
 order had been re-established in France, it took 
 steps to guard against liberal ideas making any 
 further progress. By the resolutions of June 28, 
 1832, popular meetings and festivals were forbidden, 
 the Carlsbad decrees were renewed, and a strict 
 police supervision of foreigners was ordained. These 
 measures called forth protests from many of the 
 representative Assemblies, which, however, it is 
 needless to say, remained unanswered. Indications 
 were not, however, wanting of the dissatisfaction 
 with the existing state of things, and an attempt 
 was made in the spring of 1833 to dissolve the 
 Diet by force ; but the attack was easily repulsed 
 by the troops, and the leaders of the riot arrested. 
 5i p the 7 ^e P^^h Devolution had found many sym- 
 TduSi 6 " Posers in Germany, and a great meeting had 
 been held in Bavaria, at which many Polish and 
 
CONFERENCES AT VIENNA. 19 
 
 French refugees assisted, when resolutions were CHAP. 
 passed in favour of a German Eepublic. The ' 
 relations between the revolutionary party in Poland 182 - 48 - 
 and their friends in Germany were becoming so in- 
 timate, and the expression of their views so open, 
 that the Emperor of Eussia in the autumn of 1833 
 met the Emperor of Austria and the Crown Prince 
 of Prussia at Munchen-Gratz to discuss the condition 
 of Germany and Poland. The sovereigns decided conferences 
 that a ministerial conference should be held at 
 Vienna, and on January 13, 1834, Prince Metternich 
 opened the first sitting. The resolutions then agreed 
 upon were, that the head of each State should hold 
 firmly to his sovereign rights, and that he should 
 in no way make concession to the demands of his 
 Assemblies ; that the Diet should, in case of neces- 
 sity, send troops to help the sovereign, and that a 
 Federal Court of Appeal should be established for 
 settling differences between the sovereign and his 
 people. This latter resolution was never carried into 
 effect. The Carlsbad decrees were again formally 
 renewed. Eussia, while she was apparently acting 
 in harmony with the two great German Powers, 
 secretly circulated through the Middle States a note 
 in which she warned them against the pretensions 
 of Imperial Austria and of Constitutional Prussia, 
 and urged them to look upon her as their natural 
 and only true friend. The camp which she formed Camp at 
 at Kalisch two years later, and at which her troops, Kah 
 
 c 2 
 
20 SKETCH OF THE GERMAN CONSTITUTION. 
 
 CHAP, mingled with those of Austria and Prussia, were to 
 
 "- ^ ' give to the world an example of brotherly love, 
 
 i8 ' failed completely. It was in March of this year 
 
 Emperor (1835) that the Emperor Francis died, the last 
 
 Hapsburg who had borne the German Crown. 
 
MEETINGS IN BAUKN. 
 
 CHAPTER II. 
 
 Meetings in Baden The ' Vor Parlament* Dissolution of the Diet 
 Revolts in Baden Plana for a New Constitution Election of 
 Emperor Refusal of King of Prussia to accept Imperial Crown 
 Appointment of Particularist Ministry Resignation of Members of 
 Parliament Three King's Alliance Meeting of the Old Diet 
 Results of the Revolution of 1848. 
 
 THE July revolution of 1830 passed by, as has been 
 said, almost without notice ; but in 1848 the long 
 repressed bitterness and discontent found expression. 
 The first symptoms of the coming revolution in 
 Germany were visible in Baden, where meetings 
 were held with a view of altering the present Con- 
 stitution. The demands whirh were then made, and 
 which were afterwards accepted as the Liberal pro- 
 gramme throughout Germany, were as follows: A 
 German parliament, elected by and from among the 
 whole male population ; trial by jury ; freedom of 
 the press ; arming of the people ; equality of all 
 religions; abolition of feudal burdens. The Diet at 
 the first rumbling of the storm lost its head com- 
 pletely, and made concession after concession. The 
 smaller States immediately followed its example, and 
 grunted all these demands, with the exception of that 
 for a German parliament, which was beyond their 
 powers. The leaders of the revolutionary move- and P r<7- 
 
 gramme of 
 
 rnent, Itystem, Gagern, Struve, and others, met and revoiution- 
 
 ary leaders. 
 
22 SKETCH OF THE GERMAN CONSTITUTION. 
 
 CHAP, formed a commission to prepare the way for a 
 
 ' r - national representation. A preliminary parliament 
 
 (Vor Parlament) was to be called together, formed 
 eesaoiuu 11 " of members elected from the Assemblies of the dif- 
 ferent States, to debate upon the best mode of ob- 
 taining a National Diet. The Diet endeavoured to 
 anticipate the demands of the people by declaring 
 every German State to be at liberty to abolish the 
 censure ; by calling upon the several Governments to 
 depute delegates for a revision of the Constitution on 
 a more national basis ; and finally by decreeing 
 elections for a German parliament. All these reso- 
 lutions merely showed the weakness of the Diet, as 
 the leaders of the new movement steadily pursued 
 their course, and showed themselves perfectly in- 
 different to the proceedings of that body, 
 concessions The disturbances which took place simultan- 
 an<i eously at Berlin and Vienna forced the Governments 
 
 Prussia. * 
 
 of both countries to make the desired concessions, 
 and they attempted to conciliate the popular mind 
 by taking the chief reformers into their ministries. 
 While, however, the Government of Austria limited 
 their concessions to matters of internal government, 
 the King of Prussia went a step farther, and on 
 March 18, after abolishing the censure and promis- 
 ing to call the Landstag together, he declared him- 
 self ready to replace the Confederation by a Federal 
 State. This statement created considerable dissatis- 
 faction and distrust at Vienna and other capitals ; 
 it appeared as if Prussia were taking advantage of 
 
MEETING OF THE c VOR PARLAMENT.' 23 
 
 the disturbed state of Germany to further her own 
 projects and ambition. 
 
 The < Vor Parlament ' met in Frankfort on March 184a 
 31, in the Church of St. Paul. The several States 
 were most unequally represented. Prussia, for ex- 
 ample, sent one hundred and forty-one deputies, 
 Austria two, and Hesse Darmstadt eighty-four. The 
 majority were inclined to constitutional monarchical 
 principles, but there was a large and active minority 
 who desired to see a constitution framed on the 
 model of that of the United States of America, in- 
 troduced into Germany. It was determined that 
 
 the Constitution of Germany should consist in a oi 
 chief of the Empire, assisted by a diet composed of a 
 senate and a representative assembly. All the de- 
 mands made at Baden were ratified, and it was de- 
 cided that the future Constitution of the Empire 
 should be settled by the National Assembly about to 
 be elected, without reference to the several Govern- 
 ments. This was placing all power in the hands 
 of the democratic party. The advanced party, led 
 by Hecker and Struve, attempted to have the Ger- 
 man Eepublic declared, and then the permanency of 
 the ' Yor Parlament ' voted, but in vain. It was now separation 
 that the extreme party separated itself entirely from party from 
 Gagern and the moderate reformers, and proceeded reformers. 
 to acts of overt rebellion, which took some time to 
 suppress. No greater mistake could be made than 
 to suppose that the majority, either in the ' Vor Par-^ 
 lament,' or in the Assembly which it called into life, 
 
24 SKETCH OF THE GERMAN CONSTITUTION. 
 
 were in any way imbued with republican principles. 
 A committee of fifty was appointed to watch over 
 the affairs of the Confederation till the meeting of 
 the new Parliament, and the c Yor Parlament ' then 
 dissolved itself. 
 
 Meeting of The delegates from each State, to the number of 
 
 summoned seventeen, which the Diet had summoned to prepare 
 
 a new Constitution, had in the meanwhile met. But 
 
 the Diet had practically ceased to live. It lingered 
 
 on for a few months longer, but on the acceptance 
 
 of the office of Administrator of Germany by the 
 
 Dissolution Archduke John, it resigned its phantom power into 
 
 his hands, and died unregretted. 
 
 Elections The elections for the new Parliament were now 
 
 German proceeded with, and were aided by the several 
 
 Parliament. . * 
 
 Governments. Ine terrible warning these latter 
 had received from the great events in Vienna, Ber- 
 lin, and elsewhere had convinced them that the only 
 means of salvation was concession. The electoral 
 machinery was simple. One deputy was to be 
 elected to every 50,000 souls by direct votes. 
 Meeting of O n May 18, the new Parliament, consisting of 
 pSna- n three hundred and thirty members, met at Frankfort 
 in the Paul's Kirche, and Herr v. Gagern was elected 
 President. The democrats formed but a small party 
 in this Parliament. Till the Parliament had decided 
 on the prince whom they would select for the 
 head of the empire, it was necessary to appoint a 
 provisional holder of the office, and after an eight 
 days.' debate the post was offered to Archduke John 
 
DISCUSSIONS IN PARLIAMENT. 25 
 
 of Austria, who accepted it with the title of Admin- 
 istrator of the Empire (Reichsvenveser). The Ad- 
 ministrator possessed no real power, and was a mere 
 puppet : in fact, in some States, such as Limburg and mimstrator 
 the Duchies, he was completely ignored. empire. 
 
 The new Parliament maintained the resolution Discussions 
 of the ' Vor Parlament ' that it alone was to decide meat. 
 on the Constitution. The discussions on the funda- 
 mental rights of Germans then commenced, and it 
 soon became evident that little practical good was 
 to be expected from this new assembly. Many of 
 the members were professors, and being delighted 
 at having an opportunity to employ their eloquence 
 on abstract questions, they wasted many a valuable 
 hour in hair-splitting, and word-catching. Over the 
 first two words ' every German,' in the fundamental 
 laWjthere were discussions which lasted several hours. 
 
 In the meanwhile some active fighting had taken Revolts in 
 
 Baden. 
 
 place in the country, principally in Baden and its 
 neighbourhood. The revolution which was fanned 
 by Struri and others, and which made for the 
 moment some head in the country, was soon crushed 
 by the soldiery. The efforts of the revolutionary 
 party were too isolated, their plans too hastily 
 conceived and too weakly carried out, the sympathy 
 they received too half-hearted, ever to have allowed 
 their chance of success to be very great ; while they 
 afforded an excuse for the reactionary measures 
 which the Governments, when recovered from their 
 terror, afterwards adopted. We shall see that the 
 
26 SKETCH OF THE GERMAN CONSTITUTION. 
 
 CI ^ P - Governments rushed wildly from one extreme to the 
 ' other, at first yielding in a most reckless and hap- 
 hazard manner everything the mob demanded, and 
 then retracting their promises, and taking back all, 
 and even more than they had given. 
 
 Demands rp^ Church itself determined not to be left alone 
 
 CatSc m the general cry for new rights and privileges. 
 The German Eoman Catholic bishops held a meeting 
 at Wurzburg in October, under the presidency of 
 Cardinal Schwarzenberg, in order to obtain full 
 freedom for their Church ; freedom of possession and 
 disposition of the Church property ; conduct of the 
 education of the priests, arid of the people ; and free 
 intercourse with Home. In the concordats which 
 Austria and Wurtemberg concluded with the Papal 
 See, most of these demands were granted ; and in 
 Prussia the clergy were placed on a better footing 
 than before. Menzel remarks that the revival of 
 religion was one of the most important results of 
 the German Eevolution, and is surprised that the 
 Catholics played no part notwithstanding the favour- 
 able opportunity offered to them in the revolutionary 
 time. Many Catholic societies were formed at this 
 period. Similar meetings to that of the Catholic 
 bishops were held by the Evangelicals at Witten- 
 berg, and by the Lutherans at Leipzig. 
 
 Tne discussions on the 'fundamental rights of 
 the German people ' were finished on December 21. 
 The most important of these rights, as settled by the 
 Parliament, were : Equality of all Germans before 
 
PLANS FOR A NEW CONSTITUTION. 27 
 
 the law ; protection of personal liberty ; universal 
 military service ; right of meeting ; trial by jury ; 
 equality of all religions ; freedom of the press ; 
 abolition of feudal burdens, of fidei commissa, and 
 of capital punishment. The larger kingdoms and 
 States in Germany declined to accept the conclusion 
 to which the Parliament had arrived, till the Consti- 
 tution had been settled on a firm basis. And how 
 inopportune was the publication of these Eights ? 
 The two chief capitals in Germany in open revolt ; 
 the western States harassed and traversed by re- 
 volutionary bands ; the Emperor of Austria a fugi- 
 tive from his capital ; part of the dislocated Assembly 
 of Prussia at Brandenburg, the other part at Berlin, 
 cadi declaring the other illegal and traitorous; the 
 protestations, orders, and prayers of the Frankfort 
 Parliament totally disregarded. In all this confusion 
 the Assembly which was to preserve order and peace 
 in Germany, could find no better means of fulfilling 
 their mission than by giving forth to the world a 
 long list of abstract rights which Germans should 
 possess. 
 
 The debates respecting the Constitution having P]ans for a 
 commenced in October, lasted all through the 
 winter. The form of the new Constitution puzzled 1849 ' 
 the Parliament at Frankfort. The idea of a Federa- 
 tive State was difficult of realisation. Not only were 
 the relations of the several States to each other diffi- 
 cult to define accurately, and not only was the 
 opposition which the Middle States would offer to 
 
28 SKETCH OF THE GERMAN CONSTITUTION. 
 
 CHAP, the plan hard to surmount, but the position of the 
 * ' two great Powers, Austria and Prussia, taxed the 
 ingenuity and brains of the framers and promoters of 
 the new scheme. An article which appeared in the 
 ' North British Eeview ' in 1869, puts the difficulty 
 very clearly : ' If the German provinces of Austria 
 were to enter the Bundes Staat, it was first necessary 
 that they should be dissevered from their political 
 connection with the rest of the Austrian Empire, and 
 the establishment for the future of a merely personal 
 union between the German and non-German domi- 
 nions of the house of Hapsburg-Lothringen. If this 
 condition could not be fulfilled, and the work of con- 
 stituting a centralised confederacy had to be pro- 
 ceeded with, then Austria must be excluded from 
 the new State. If not, then a return to an inter- 
 national confederacy of the old kind was the only 
 alternative left.' 
 
 The Constitution as settled by the Frankfort 
 Parliament was as follows : 
 
 The government was to be exercised by a chief 
 of the empire, and a Eeichstag, with an upper and 
 lower house. Half of the members of the upper 
 house were to be named by the Government, and 
 the other by the representatives of the several 
 States. The lower house was to be elected by direct 
 votes, one deputy to every 70,000 souls. The 
 central power was to be the international represen- 
 tative of Germany : the several States were not to 
 receive or send envoys or consuls. The army, 
 
 f- 
 
ELECTION OF EMPEROR. 29 
 
 navy, railways, post, coinage, &c., were all to be 
 
 under the immediate superintendence of the central 
 
 1849. 
 power. The central power was to nave a suspensive 
 
 veto ; but when a resolution had passed the Beichs- 
 tag three times, it was to become law without the 
 sanction of the central power. But who was to be Question of 
 
 Emperor. 
 
 head of the empire? There was the difficulty. 
 The struggle lay between Austria and Prussia. 
 Those who remembered the great deeds of the latter 
 in 1813 in behalf of Germany, her great military 
 power, her entire Germanity (if a word may be 
 coined), men like Gageni and Bunsen, were strongly 
 in favour of the elimination of Austria and the 
 establishment of Prussia in the place to which she 
 was entitled. This party received the name of Small small Ger- 
 
 man party, 
 
 Germans, in contradistinction to the Austrian and Great 
 
 German 
 
 party, who termed themselves Great Germans. The 
 former party forced through the Parliament the 
 resolutions that the head of the empire must be a 
 reigning Prince, that he should take the title of 
 Emperor of the Germans; and on March 28 by 290 Election of 
 to 248 votes Frederick William IV. was elected pXafas 
 Emperor, and the Imperial Crown declared here- 
 ditary in the House of Hohenzollern. 
 
 Austria tried to counteract the effect of these 
 resolutions by proposing that a directory of seven 
 sovereigns under Austrian presidency should be the 
 head of the central Government that the Imperial 
 crown, in fact, should be put in commission. But 
 in order to obtain this majority Gagern and his party 
 
30 SKETCH OF THE GERMAN CONSTITUTION. 
 
 CHAP, had formed a compact with the Left. They had 
 
 ' * ' promised the Left a purely democratic electoral law, 
 
 ' and to vote against the absolute veto of the future 
 
 Emperor. This compact was signed on March 26, 
 
 1849, by 114 members of the Gagern party. The 
 
 Refusal of choice, then, of the King of Prussia as Emperor could 
 
 accept ng not have been made without the Left, and this aid 
 
 Imperial . . 
 
 crown. made its acceptance impossible at Berlin. The 
 result of the vote is well known. The King refused 
 the proffered honour. The reasons for this refusal 
 have often been discussed ; the majority being of 
 opinion that the refusal resulted chiefly from the 
 time and manner of making the offer of the Imperial 
 dignity. Europe was barely recovering from the 
 shock of last year ; it was therefore imprudent to 
 wound and insult a powerful State, the traditional 
 bulwark of the old order of things. To this state of 
 affairs Governments were now desirous of returning 
 as far as possible ; but to accomplish this by an act 
 dictated by a revolutionary assembly would call 
 forth opposition from men who supposed that a 
 Head would thus be given to a movement barely 
 suppressed. A crown too, the property and in 
 the disposal of the reigning princes of Germany, 
 could not be transferred by a narrow majority in a 
 representative assembly. Frederick William IV. 
 could not, and never would consent to become a 
 democratic emperor. 
 
 The refusal embittered the feeling amongst the 
 people, who were far more national than their rulers, 
 

 / . 
 
 RECEPTION OF THE CONSTITUTION^. 31 
 
 '/ : \- 
 
 and who thereby saw the chance of a united: >0jar- CRAP. 
 many slipping from their hands. The want of 
 cohesion, combination, and organisation destroyed 
 the possibility of the people gaining this end by them- 
 selves. The refusal, again, was quite unexpected by 
 the Frankfort Parliament. Austria withdrew all with- 
 
 drawal of 
 
 her deputies from the Assembly. The Parliament Austrian 
 
 deputies. 
 
 determined to call upon all Germans to subscribe to Character 
 the Constitution, the question of the head of the 
 Empire remaining an open one, and to proceed with 
 the elections, hoping to summon the new Keichstag state?. 11 
 in the early days of August. Nearly all the repre- 
 sentative assemblies of the several States had 
 accepted the Imperial Constitution. William of 
 Wurtemberg was, however, the only king who had 
 done so. Hanover and Saxony dissolved their 
 assemblies sooner than accept the Constitution. This 
 naturally gave rise to discontent and murmuring, 
 in some places breaking out in open hostilities 
 amongst the people, who considered that the princes 
 were attempting to rob them of the little freedom 
 the Constitution offered them. The republicans had 
 not much hold on the country ; in some instances 
 they openly declared their aim to be the establish- 
 ment of a republic, but in most cases their declared 
 object was the introduction of the Imperial Constitu- 
 tion. If they had been successful, their demands 
 would probably not have stopped there, but it would 
 be too much to say that the wish of the people was 
 for a republic. 
 
32 SKETCH OF THE GERMAN CONSTITUTION. 
 
 Gagern resigned his office on May 9, finding he 
 could not hinder the Parliament from passing revo- 
 lutionary votes, and the Archduke John named a 
 
 new ministry (Detmold Gravell), who were opposed 
 Appoint- to the unity of Germany and to the policy of 
 
 mentof . 
 
 Particular- Prussia. There is some doubt whether the Arch- 
 
 ist 
 
 Ministry, duke was really imbued with patriotic and liberal 
 views. He may have been alarmed by the excessive 
 demands of the Liberals and hurt as an Austrian 
 Prince by the position of Prussia. He may have 
 therefore gone counter to his past acts and intentions, 
 and named this Particularist Ministry. It shows little 
 political insight if he imagined that such a ministry 
 was practicable at that time. 
 
 Resigna- The result of his move was that more than 150 
 
 members of members of the National Assembly resigned their 
 
 inent. seats or were recalled by their Governments, includ- 
 
 ing Gagern and his party. The remnant of the 
 
 assembly, composed chiefly of members of the 
 
 extreme Left, transported itself to Stuttgart, declared 
 
 the Archduke deposed, named a regency of five 
 
 members, and demanded men and money from 
 
 Wurtemberg and other countries in order to main- 
 
 Forcible tain peace and order. Their demands were refused, 
 
 dissolution -. 
 
 of Frank- and the Wurtemberg troops were ordered to disperse 
 
 fortParlia- 
 
 ment. the members if they continued to hold their sittings. 
 This order was carried into effect on June 18, and 
 the Frankfort Parliament ceased to exist. 
 
 Prussia's Prussia now attempted to commence her work 
 
 of reorganisation in Germany, but she failed. A 
 
THE THREE KINGS' ALLIANCE. 33 
 
 conference of princes was held at Berlin in May, but CHAP. 
 it lasted only a few days. Austria and Bavaria ' * 
 soon withdrew from it ; the former when she dis- 
 covered that the discussions tended towards her reforms. 
 exclusion from the- Germanic Confederation, and the conference 
 
 of pnnces 
 
 latter because she saw that the object was the at Berlin - 
 establishment of a Federative State (Bundes Staat) 
 under Prussia. Hanover and Saxony, the other two 
 States who attended the conferences, remained, how- 
 ever, firm to Pnissia, and concluded with her the 
 Three Kings' Alliance. This alliance, to which any ThrP e 
 member of the Confederation might attach himself, 
 was chiefly to occupy itself by drawing up a Consti- 
 tution for Germany. By this Constitution, drawn 
 on the same lines as that of Frankfort, a court of 
 appeal was to be instituted at Erfurt to which every 
 member of the Confederation was to submit himself. 
 The term Empire (Reich) was to be given to this 
 smaller Confederation (Austria being naturally ex- 
 cluded), and the head of the Central Power, though 
 he was not to take the title of Emperor, but of head 
 of the Empire (Reich svorstand) was to be a Hohen- 
 zollern. He was to govern with the help of a 
 college of princes, consisting of six members ; viz. 
 Prussia ; Bavaria ; Saxony, with the Thuringian States 
 and Anhalt ; Hanover, with the North German States ; 
 Wurtemberg, with Baden, Hohenzollern, and Lich- 
 tenstein ; the three Hesses, with Luxemburg, Lim- 
 burg, Nassau, s Waldeck, Lippe, and Frankfort-on-the- 
 MauS The Reichstag was to consist of two cham- 
 
 D 
 
34 SKETCH OF THE GERMAN CONSTITUTION. 
 
 bers. Bavaria and Austria looked askance at this 
 Constitution ; and the latter openly declared that 
 she would never agree to a German Parliament, and 
 that her only desire was the re-establishment of the 
 old Diet under her presidency. 
 
 Refusal of The Archduke John still held the office of Ad- 
 john to ministrator, although the Assembly which had elected 
 him was dissolved. He declined to resign his ap- 
 pointment until requested to do so by all the 
 German Governments, and in this he was supported 
 by Austria, who saw in him the only link which at 
 present connected her with Germany. Prussia 
 with- therefore withdrew her minister from Frankfort, and 
 Prussian all relations between her and the central power 
 from consequently ceased. She had obtained the adhesion 
 
 Frankfort J 
 
 of most of the States to the Union of Three Kings ; 
 but Austria succeeded in making Bavaria and Wur- 
 temberg cool -with regard to this union by frightening 
 them with the consequences of the German Parlia- 
 ment which was to meet at Erfurt next year, and 
 for which Prussia begged her colleagues to prescribe 
 elections. Gagern called together a Bump Parlia- 
 ment at Gotha, but it immediately dissolved itself 
 after it had formally approved the policy of Prussia. 
 This Power, however, saw the impossibility of 
 realising the ideas which had inspired the union, in 
 the face of the opposition of Austria, Bavaria, and 
 Wurtemberg, and with the support of very lukewarm 
 interim' adherents. She therefore began to enter into nego- 
 
 . n a**r 
 
 tiations with Austria, and on September 30 a treaty, 
 
 
 
 treaty. 
 
MEETING OF THE OLD DIET. 35 
 
 called the ' Interim/ was signed at Vienna. In this 
 treaty the two Powers agreed that till May 1, 1850, 
 the functions of the central power should be exer- 
 cised by them conjointly, assisted by a Federal 
 Commission (Bundes Commission). This Commission 
 met at Frankfort in the middle of December, and 
 the Archduke resigned his power into their hands. 
 
 Prussia now made endeavours to obtain the Meeting of 
 summoning together of the new Parliament, and ment." 
 notwithstanding the opposition of Austria and the 
 Middle States it met at Erfurt on March 20, 1850. 
 But though Austria had been unable to prevent its 
 meeting, it procured its dissolution ; and on April Dissolution 
 29 it was suddenly prorogued, never to meet again. ment. r ia 
 The time for the expiration of the ' Interim ' Treaty 
 was now approaching, and at the end of April Prince Austria 
 
 .* summons 
 
 Schwarzenberg, the Austrian Prime Minister, made old Diet to 
 
 meet at 
 
 a bold stroke, and summoned the old Plenum to * rankfyrt - 
 meet at Frankfort. The Middle States and seven 
 other Governments 1 responded Jo the appeal, but 
 Prussia and"lTeT allies protcsU'd. The Plenum met 
 on May 10, and on September 2, Austria opened the 
 smaller Council, and consequently re-established the 
 old Diet. Owing to the state of tension in the 
 relations between Prussia and the resuscitated Diet, 
 it was evident that a severance must soon take place 
 which would result either in submission or war. 
 The eternally recurring differences between the 
 
 1 Electoral Hesse took a middle course, and sent representatives to 
 Frankfort and to Berlin. 
 
 D 2 
 
36 SKETCH OF THE GERMAN CONSTITUTION. 
 
 Elector of Hesse and his subjects settled the question. 
 The Assembly of Hesse refused to pay the taxes 
 which had been imposed by the Elector's minister, 
 Hasenpflug, without their sanction. The Elector 
 appealed to the Diet, who promised to aid him. 
 Hesse, however, still formed part of the Three Kings' 
 Union, and Prussia had either to oppose the inter- 
 vention of the Diet or submit. Sh^Jiadjalready put 
 her troops in motion, when Eussia declared that she 
 would view the opposition of Prussia to the decrees 
 of the Diet as a casus belli. Kussia had secretly 
 worked for the re-establishment of the Diet, and was 
 determined to support it now that it was recalled to 
 life- Prussia hesitated ; there was a slight skirmish 
 at Bronzell between her troops and the Bavarians ; 
 she lost heart, recalled her troops, and entered into 
 oWtz f ne g5i a ti ons &k Qlniutz, in which she promised to 
 dissolve the Union and recognise the restored Diet. 
 Dresden Conferences were then held at Dresden respecting 
 ferences. what form of constitution should be accepted. The 
 proposals were many, but they were all rejected. 
 Eussia, through the Middle States, worked hard for 
 the return to the Final Act of Vienna, and she was 
 successful. Weary with negotiation and anxious 
 for rest, Prussia, on March 27, proposed the re- 
 establishment of the Diet. The other States accepted 
 
 oTd Diet. the proposal, and on May 30, 1851, the German 
 Confederation was once more in existence. 
 
 But although a return was made to the old 
 order of things, the past two years had not been 
 
RESULTS OP THE REVOLUTION OF 1848. 37 
 
 without fruit. The equality of all before the law, 
 the increased freedom of the press, trial by jury, 
 
 -i Q K-l 
 
 universal suffrage, vote by ballot were substantial 
 gains which the people would never allow to be 
 wrung from them again. They had also obtained 
 a less tangible but far greater benefit, one which no 
 human hand could wrest from them, and which no 
 constitution, no code of laws can of themselves give 
 the^ consciousness of a poHticjdjexistence. In 
 Germany the Revolution" elf "1'8?8^ commenced from 
 political motives, was carried on for political aims, 
 but its greatest results were chiefly shown in the 
 social life of the country. 
 
38 SKETCH OF THE GERMAN CONSTITUTION. 
 
 CHAPTEE III. 
 
 Results of the Revolution of 1848 Three Great Questions The 
 Slesvig-Holstein Question Reform of the Constitution Congress 
 of Sovereigns at Frankfort. 
 
 THE Customs Union of Prussia made progress, and 
 
 CHAP. i n September of this year she consolidated this union 
 
 1 ' by amalgamating it with that of Central Germany, 
 
 of which Hanover was the head. Austria having 
 
 Extension . _ 
 
 of Customs in vain endeavoured to form another Customs Union, 
 
 Union. 
 
 and knowing the objection Prussia would make 
 to her entering her own, concluded a commercial 
 treaty for twenty years with that Power in February 
 1853. 
 
 ms^Revo- ^h e g u lf between Austria and Prussia had been 
 widened by the events in, and subsequent to, 1848 ; 
 and this rivalry between the two great Powers 
 hindered the Diet from exercising that influence to 
 which its position entitled it. The Middle States 
 were, however, more closely united; but as they 
 oscillated to and fro between Austria and Prussia, 
 according to the promptings of their own interests, 
 and never pursued a truly national line of policy, 
 it is at their door that the delay in achieving the 
 great work of national unity must be laid. If 
 
RESULTS OP THE REVOLUTION OF 1848. 39 
 
 their Governments had possessed loftier and nobler CHAP. 
 aims; if a statesman had arisen amongst them of ' ^ ' 
 
 J851 
 
 some breadth of mind and depth of insight, a states- 
 man who could have seen clearly that Austria was 
 a weak reed to lean on, and that the real strength 
 lay in Prussia, many of the events which followed I/ 
 might have been avoided. The re-establishment of 
 the Diet was accepted as a last alternative, as the 
 only possible solution of difficulties arising from 
 conflictingjiEMt* and interests ; a solution admittedly 
 of a temporary^ character. That it was satisfactory 
 to Germany no one would venture to declare. It 
 was hoped, however, that the Diet would occupy 
 itself with endeavours to meet these conflicting 
 interests, and with the preparation of a constitution 
 likely to satisfy the desires of Germany. The past 
 failures had in no way discouraged men ; they had, 
 on the contrary, shown where the real difficulties 
 laji But it was as clear as noonday that Austria 
 and Prussia could not work side by side, and that 
 the time must shortly come when one of these 
 Powers must give way to the other. 
 
 I must pass over several years, and hurry on to 
 the great events which next occurred in Germany. 
 
 From the meeting of the Diet in 1851, to the 
 outbreak of the Italian War in 1859, Germany 
 busied herself with her internal affairs, and in re- 
 covering herself from the shock of 1848. The 
 activity of the Diet had no great scope; its inter- 
 vention was invoked in the differences between the 
 
40 SKETCH OF THE GERMAN CONSTITUTION. 
 
 CHAP. Grand Duke of Mecklenburg and his Chambers, as 
 *- ' also in those between the King of Hanover and his 
 1852-59. ^ ssem blies ; but in neither case was the interven- 
 tion of much avail. 
 
 wurzburg The formation of a coalition of the Middle States 
 which received the name of the Wurzburg Coalition, 
 in which Bavaria and Saxony took the most 
 active part, should be mentioned. The object of 
 this coalition was to secure to the Middle States a 
 more independent position, and so form a bulwark 
 against the pretensions of the two great Powers on 
 the one hand, and the demands of the people on the 
 other. The interests were too diverse, and the 
 jealousy too great, however, to allow of this coali- 
 tion exercising the influence which its promoters 
 anticipated. 
 
 National The defeat of Austria in 1859, the want of 
 
 cohesion among the German States, and the success 
 of the French arms caused alarm in many minds in 
 Germany. This alarm produced the formation of 
 a society whose aim was to render Germany united 
 and free, and consequently strong and independent 
 with regard to foreign nations. The chief promoters 
 of it desired to thoroughly reform the Constitution 
 of Germany, and to restore, as far as possible, that 
 settled by the Frankfort Parliament, of which many 
 of them had been members. The first meeting was 
 held at Eisenach in July 1859, and it was resolved 
 that the society should receive the title of the 
 National Union. It was also resolved that Prussia 
 
THREE GREAT QUESTIONS. 41 
 
 should take the lead in the management and reform CHAP. 
 of German affairs, as Austria was composed of too ^ <- ' 
 many different elements to be called thoroughly 
 German. The permanent seat of the union was to 
 have been Frankfort-on-the-Main, but the Senate 
 of this town feared to have the Diet and its declared 
 opponent holding sittings in such proximity ; the 
 place of meeting was therefore removed to Coburg. 1 
 
 There were three questions agitating political Three preat 
 minds in Germany : 1. The differences between the questions. 
 Elector of Hesse and his Chambers. 2. The posi- 
 tion of the Confederation towards Denmark with 
 regard to the Duchies of Slesvig and Holstein. 
 3. The Reform of the German Constitution. The Difference 
 first of these questions would have remained a 
 private one between the Elector and his Chambers 
 had not the latter appealed to the Diet. The 
 Chambers demanded the restoration of the Constitu- 
 tion of 1831 and the repeal of that of 1851 ; the 
 Prince constantly refused, and although the Diet 
 took the part of the Chambers, years passed away 
 and no satisfaction was given. Prussia at last took 
 the matter up warmly, and was joined later by 
 Austria. The former threatening the Elector with 
 force, he promised to meet the demands of his 
 subjects a promise which, however, he found 
 means of evading, when greater events occupied the 
 attention of Germany. 
 
 1 In 1862 the great Germans formed a German Reform Union in 
 opposition to the National Union and its programme. 
 
42 SKETCH OF THE GERMAN CONSTITUTION. 
 
 CHAP. To enable my readers to gain some idea of the 
 *- - ' second question, I must carry them back to the year 
 363. 1334^ an( j then give a short sketch of the events 
 Hoistln which had happened in the Duchies since that year, 
 question. King Fre a e rick VI. of Denmark had in 1834 estab- 
 lished separate Provincial Assemblies for Iceland, 
 Jutland, Slesvig and Holstein ; the latter duchy, as 
 is well known, forming part of the German Con- 
 federation. Frederick died in 1839. In 1846 his 
 successor Christian VIII. published a letter by 
 which he extended the Danish law of the succession 
 of the cognates to the Duchies, and thereby excluded 
 the agnates, who were then represented by Duke 
 Christian of Augustenburg. The Assemblies of the 
 Duchies protested, and that of Holstein appealed to 
 the Diet, who decided (September 17, 1846) that 
 the rights of the Duchies as well as the law of the 
 agnatic succession must be preserved. The Danish 
 Government gave an evasive answer, saying that 
 they did not intend to change the status quo ; but 
 the letter was not withdrawn, and the matter 
 remained in doubt until 1848, when Christian VIII. 
 died, and was succeeded by Frederick VII. 
 
 On January 28, 1848, Frederick VII. granted a 
 Constitution for the whole of Denmark (including 
 the Duchies), by which he hoped to satisfy Slesvig 
 and Holstein by the liberal concessions he made in 
 it. But the Duchies declined to accept this Consti- 
 tution, and their two Assemblies uniting themselves, 
 declared that Slesvig as well as Holstein should 
 
SLESVIG-HOLSTE1N QUESTION. 43 
 
 enter the German Confederation as one State. As CHAP. 
 Menzel justly remarks, this was an act of open * ^ - 
 rebellion against Denmark, since there were no just 
 grounds for Slesvig to demand incorporation. The 
 Duchies established a provisional Government, with 
 the Duke of Augustenburg at its head, their pro- 
 ceedings being highly approved of by Prussia and 
 the Diet, the former promising to aid the Duke of 
 Augustenburg ' in maintaining his undoubted right 
 of succession/ The representative of Slesvig-Hol- 
 stein was allowed to take his seat in the expiring 
 Diet at Frankfort. Hostilities broke out by the 
 Danes defeating the Ducal troops, but the tide was 
 soon turned by the advance of the Prussian troops 
 under Wrangel and of the Hanoverians under 
 Halkett. The war was brought to a conclusion by Maimoe 
 an armistice signed at Maimoe, August 20, 1848. 
 By this instrument Denmark agreed to a common 
 Government for Slesvig and Holstein, half of whose 
 members should be named by Denmark and half 
 by the German Confederation. Denmark demanded 
 that all acts of the Provisional Government should be 
 declared invalid, and the troops of Slesvig and Hol- 
 stein should be separated, each remaining in their 
 respective countries. These were agreed to, as also 
 the proposal that neither party was to be bound by 
 the conditions of the armistice in the future treaty 
 of peace. This armistice was at first rejected by the 
 Frankfort Parliament, but as the movers of the 
 rejection were unable to form a ministry, and as a 
 
44 SKETCH OF THE GERMAN" CONSTITUTION. 
 
 CHAP, prosecution of the war appeared to be impossible 
 - - ~^~- ' without the assistance of Prussia the armistice was 
 1863 ' eventually accepted. In the spring of 1850 Holstein 
 bwak of*" declared war of its own accord against Denmark, 
 owing to the exactions which were practised on the 
 inhabitants of Slesvig by the Danes. And, although 
 the Ducal troops were defeated at Idstedt, the cap- 
 ture of Diippel by the Federal troops led to the 
 signature of another armistice, followed by a 
 London protocol signed in London, July 2, 1850, by England, 
 i&so 001 f R uss i a 5 France, Prussia, Austria, Sweden, and Den- 
 mark, in which the integrity of the possessions 
 actually united under the Crown of Denmark was 
 recognised, as also the wisdom of the King of Den- 
 mark in desiring to regulate the succession. This 
 protocol was ratified by the resuscitated Diet on 
 September 30. 
 
 Treat}- of The question of the succession was first actively 
 mooted by Eussia, who declared in favour of Prince 
 Christian of Gliicksburg. Prince Christian's mother 
 was sister. of the cognate heir, Prince Frederick of 
 Hesse. A conference was held in London, and a 
 treaty was concluded May 8, 1852, in which the 
 necessity of the preservation of the unity of Denmark 
 was again affirmed, and the succession to the throne 
 secured to Prince Christian of Gliicksburg. Den- 
 mark was further to prescribe a common Constitu- 
 tion for the whole of the kingdom, due regard being 
 had to the privileges and rights of the Duchies. 
 This treaty was not submitted to the Diet, Austria 
 
SLESVIG-HOLSTEIX QUESTION. 45 
 
 and Prussia denying the competence of that body to CHAP. 
 deal with treaties of succession. This is an important * -" 
 
 T QAQ 
 
 fact, and should be kept in view when we come to 
 the events of 1863 and 1864. The Duke of Augus- 
 tenburg had his claims satisfied by a sum of money, 
 and he promised for himself and heirs not to disturb 
 the peace of Denmark. By introducing the cognate 
 succession into the Duchies no fewer than eleven 
 German Princes who had a nearer agnate right of 
 succession were put on one side ; not only all the 
 Augustenburgs, but the elder branches of the 
 Gliicksburg family. It was even the youngest of 
 the younger branch of Gliicksburg that was chosen, 
 jind in case his line died out the succession would 
 fall to the Gottorp line in the Russian Imperial 
 family. Could this have influenced in any way the 
 selection which Russia had proposed ? 
 
 The promise which Denmark made to grant a Danish 
 
 Constitu- 
 
 common Constitution acceptable to the Duchies was turn of 
 not fulfilled. After much pressure from the Treaty 
 Powers, the King of Denmark in 1855 gave a Con- 
 stitution, but it was by no means considered satis- 
 factory. The patience of the German Powers was 
 further becoming severely tested by the system of 
 oppression, petty as it was, which the Danish officials 
 exercised towards the German inhabitants of Slesvig, 
 in attempting to impose on them an education, a 
 religious service, and a language totally distinct 
 from their own. An execution had been voted by 
 the Diet, and it was only through the strenuous 
 
46 SKETCH OF THE GERMAN CONSTITUTION. 
 
 CHAP, exertions of friendly Powers that this was averted ; 
 ' - t ~' and a promise obtained from Denmark that she and 
 the Duchies should name an equal number of dele- 
 gates to discuss the measures for adopting a common 
 Constitution agreeable to all parties ; and that, until 
 this Constitution was established, no laws of a general 
 character should be passed without the assent of the 
 Duchies. This proviso, dictated by the Diet, Den- 
 mark did not fulfil, as she passed the Budgets for 
 1860 and 1861 for the whole monarchy without 
 consulting the Assemblies in the Duchies. She then 
 attempted (by a Patent of March 30, 1863), to in- 
 corporate Slesvig entirely, and to separate Holstein 
 from her by granting to the latter Duchy a separate 
 administration and army. The Diet called upon 
 constitu- her to withdraw this Patent, and to grant a common 
 vember is. Constitution, threatening her with an execution if she 
 refused. The Patent was not immediately withdrawn, 
 but a Constitution was drawn up, well known as the 
 Constitution of November 18, which was not sub- 
 mitted to the States of the Duchies, which did not 
 meet the necessities of the case, and which only 
 awaited the signature of the King, then lying on his 
 death bed. He died on November 15, 1863, and 
 Succession was succeeded by Prince Christian with the title of 
 Christian Christian IX. Great pressure from the friendlv 
 
 to the . J 
 
 throne. Powers was now put on this sovereign to prevent 
 his signing a Constitution, which would not be 
 accepted by the Duchies, and which would inevitably 
 entail active interference from the Diet. But the 
 
SLESVIG-HOLSTEIX QUESTION. 47 
 
 Eiderdanish ministry pressed their master not to CHAP. 
 submit ; considerable distrust was entertained 
 Denmark of King Christian, owing to his supposed 
 German proclivities, and he had to choose between 
 signing the Constitution and losing his crown. He 
 preferred the former step. 
 
 The Duke Frederick of Augustenburg, son of the claims of 
 Duke who had received compensation, not considering 
 
 himself bound by his father's promises, declared 
 himself rightful heir to the Duchies, and obtained 
 the recognition of several of the smaller German 
 States. Austria and Prussia, however, maintained the 
 Treaty of London, and brought the Diet to declare 
 an execution in Holstein (December 7, 1863), to be 
 entrusted to themselves with Hanover and Saxony. 
 But the two great Powers would not allow the Diet 
 to interfere in the matter of Slesvig, as it was 
 not bound by the Treaty of London ; they on the 
 other hand were so bound, and therefore in- 
 tended to proceed independently of the Diet. The 
 middle and smaller States entered protests against 
 this declaration, and the National Union, which had 
 been very active in procuring aid and sympathy for 
 the Duchies, was much displeased at the question 
 losing its German character, and becoming one 
 affecting Austria and Prussia alone. The protests of 
 the Middle States were naturally disregarded, and 
 merely showed the weakness and helplessness of 
 Germany when the two great German Powers were 
 united. 
 
48 SKETCH OF THE GERMAN CONSTITUTION. 
 
 CHAP. Denmark still refused to withdraw the Constitu- 
 
 * ' tion of November 18, and war was then formally 
 declared by Austria and Prussia. An attempt to 
 tion of war. stop the war was made by the London Conferences, 
 which commenced April 25, 1864, at which, it may 
 be remarked, a plenipotentiary from the Diet was 
 present ; but this attempt failed, owing to the refusal 
 of Denmark to accept the only solution which the 
 two great German Powers were willing to offer, 
 namely a personal union only with the Duchies. 
 These latter, on the other hand, demanded to be 
 entirely separated from Denmark, and to be consti- 
 tuted into a separate State, with the Duke of Augus- 
 tenburg as their ruler. The rapid advance of the 
 allied armies, however, compelled the Danes very 
 shortly after the Conference to sue for peace, and a 
 Treaty of treaty was concluded at Vienna, October 30, 1864, 
 by which Denmark ceded Slesvig, Holstein, and 
 Lauenberg to the allies, but preserved the peninsula 
 of Stenderup for the protection of Funen. This 
 Treaty was signed and ratified without any reference 
 to the Diet, although Holstein and Lauenberg formed 
 part of the German Confederation. It was, no 
 doubt, the policy of Prussia to ignore the Diet and 
 to expose its feebleness to the world. She had 
 fought hard against the re- establishment of this body, 
 and would have been only too happy to see it once 
 more overthrown. But it was surely short-sighted 
 policy on the part of Austria to allow her own off- 
 
REFORM OF THE CONSTITUTION. 49 
 
 spring, the only link by which she was bound to the 
 Confederation, to be put on one side. 
 
 -I Q?1 _ f*A 
 
 Let us now consider the third question, the plang ~ 
 Eeform of the Constitution, the most important 
 
 of all questions and the most difficult of solution. reforms - 
 Freiherr von Beust, the Saxon Minister for Foreign Hen- v. 
 Affairs, was the first in the field with a plan of P osS. 8F 
 reform entirely in the interests of the Middle States. 
 The following is a sketch of his plan. The Govern- 
 ment was to consist of three bodies a Federal 
 Assembly (Bundes-Versammlung), a Eepresentative 
 Assembly, and a Federal Court of Justice (Bundes- 
 gericht). The Federal Assembly, composed of re- 
 presentatives from the Federal States, was to meet 
 twice a year ; once in South Germany, and once 
 in North Germany. In the former case, Austria 
 would have the presidency, in the latter, Prussia. 
 The Eepresentative Assembly was to have no regular 
 sessions; the summoning, prorogation, and dissolution 
 of it were to be in the hands of the Federal Assembly, 
 and it was only to discuss those questions which the ' 
 latter was pleased to lay before it. Austria and 
 Prussia were to send thirty members each to it, and 
 the other States were to have sixty-eight representa- 
 tives between them. This alone was sufficient to 
 make Prussia reject the proposal, as it would give 
 too great a weight to the Middle States. During 
 the recess of the Federal Assembly an executive 
 body was to have the conduct and management of 
 affairs ; this executive was to consist of Austria, 
 
 E 
 
50 SKETCH OF THE GERMAN CONSTITUTION. 
 
 CHAP. Prussia, and a third State. The Federal Court was 
 
 in. 
 % ' to decide on differences between members of the 
 
 "1 QJ"1 R.A 
 
 '" Confederation. This plan was against the wishes of 
 both Austria and Prussia. The former declined to 
 resign the presidency of the Diet unless this body 
 took her non-German Provinces under its protection ; 
 and Prussia saw that by this project she would not 
 attain the end to which she had been so long striving 
 the formation of a Federative State. In the note 
 which Count Bernstorff, the Prussian minister for 
 foreign affairs, sent (Dec. 20, 1861) in answer to the 
 Beust proposal this objection was put forward, and 
 produced counter notes (Feb. 2, 1862) from Austria 
 and the Middle States, who declared that they would 
 never entertain the idea of a Federative State. 
 
 Austria's great aim was to estrange the Middle 
 States from Prussia, and she thought she saw her 
 way to this in an event which happened at this time. 
 Prussia had concluded (March 12, 1862), a com- 
 mercial treaty with France, and had requested the 
 adhesion of the Middle States to it with the alter- 
 native of leaving the Customs Union. The Middle 
 States met this with a counter move, for, knowing 
 that Austria was demanding admission into the 
 Customs Union, they made their future connection 
 with the Union depend on the demand of Austria 
 being granted ; and till this was effected they would 
 not accept the French treaty. Prussia, however, 
 held firm, and the other States had not the courage 
 to fulfil their threats. Austria took advantage of 
 
CONGRESS OF SOVEREIGNS AT FRANKFORT. 51 
 
 their soreness of feeling to propose, at first secretly, 
 to the Middle States, a congress of Sovereigns to 
 discuss a plan of reform ; and it was only a few days 
 before the proposed meeting at Frankfort that the Meeting O f 
 
 Sovereigns 
 
 invitation was sent to Prussia. The congress of 
 Sovereigns met at Frankfort August 16, 1863 ; but 
 one seat, and that the most important one, was 
 vacant. The King of Prussia had declined an in- 
 vitation on the ground that he could not meet his 
 colleagues to discuss so important a question as the 
 plan of reform, without having had it first submitted 
 to him for his consideration. The project when 
 brought to light proved to be, in its attempts to meet 
 all the conflicting views, so complicated in its pro- 
 visions and so unsatisfactory to those who aimed at 
 national unity, that, even without Prussia's oppo- 
 sition and the difficulties which arose in the North, 
 it could never have been accepted. The most im- 
 portant provisions were the following. The Gov- 
 ernment was to be distributed amongst five bodies : 
 1. A Directory; 2. A Federal Council; 3. An 
 Assembly of Delegates ; 4. An Assembly of Sove- 
 reigns ; 5. A Federal Court of Justice. 
 
 The Directory, in which, all power was in reality 
 vested, was to consist of five members Austria, 
 Prussia, Bavaria, and two more to be elected by the 
 States whose contingents composed the 8th, 9th, and 
 10th Army Corps. 1 The Federal Council was to be 
 
 1 These were nearly all the other States, including the free towns, 
 with the exception of Anhalt, Lichtenstein, Hesse Homburg, and 
 some other duodecimal principalities. 
 
52 SKETCH OF THE GERMAN CONSTITUTION. 
 
 similar to the smaller Council of the Diet, except that 
 
 Austria and Prussia were to have three votes each, 
 1861-64 ., ,, . , f 
 
 so that the number was increased from seventeen to 
 
 twenty-one. The Assembly of Delegates was to 
 consist of 300 members, of which 150 were returned 
 by the Middle States, and was to meet every third 
 year, in the month of May, at Frankfort. The 
 Federal Court was to be composed of fourteen 
 members, to be increased to twenty-six when it 
 acted as a Court of Arbitration between the 
 Sovereign of a Federal State and his Assemblies. 
 The Assembly of Delegates entirely depended on the 
 Directory. The Assembly of Sovereigns was to play 
 merely an ornamental part, while the Council was 
 merely the Directory in pleno. 
 
 Prussia declined to accept this project of reform, 
 and the Middle States feared to push matters to 
 extremities by ignoring the refusal. The results, 
 therefore, of the Congress were nil ; and one more 
 stillborn Constitution was added to the many which 
 had met with the same fate. 
 
 There was also the plan of a Triad Government 
 put forward by Herr von der Pfordten, the Bavarian 
 Minister, which proposed that a third State should 
 be .raised to a position to counterbalance Austria 
 and Prussia. Mr. Grant Duff in his 'Studies on 
 European Politics,' in an article on the Germanic 
 Diet, mentions two proposals : 1. The proposals of 
 the Duke of Saxe-Meiningen in 1860, for a personal 
 interview of the Sovereigns with the view to arrange 
 
DECLARATION OF SAXE-COBURQ GOTH A. 53 
 
 the establishment of a directory of three, in which CHAP. 
 one member, elected by the smaller States, should ^ - 
 sit by the side of the representatives of Austria ] 
 and Prussia; 2. The declaration of Saxe-Coburg 
 Gotha in 1861, made formally in the Diet, that if 
 the monarchical principle was not to be sacrificed, 
 German Unity could only be brought about by 
 individual will, resting on a general representation 
 of the German people. 
 
54 SKETCH OF THE GERMAN CONSTITUTION. 
 
 LI IJ UAR Y 
 
 UN IVK1JSITY OF 
 
 CALIFORNIA, 
 
 .s, 
 
 CHAPTEK IV 
 
 Austria's Position Differences between Austria and Prussia Gas- 
 tein Convention Difficulties in the Duchies European Powers 
 endeavour to preserve peace Entry of Prussian troops into Hoi- 
 stein Dissolution of the Diet Commencement of hostilities 
 Treaty of Prague. 
 
 THE powerless condition of the Middle States ; the 
 new spirit and confidence infused into the Prussian 
 rfa , ' mind by the successes of the Prussian Army ; the 
 position. earnest desire of Prussia for a United Germany (a 
 Bundes Staat), which seemed to have received a new 
 impulse ; the rather secondary part which Austria 
 had played during the late events ; were signs of 
 the provisional nature of the present condition of- 
 things. Austria well knew that every plan of reform 
 of the German Constitution which Prussia had pro- 
 posed entailed her exclusion from Germany ; she 
 had aided Prussia in proving how necessary this 
 reform was. It was impossible to believe that the 
 Bavarian Triad or her own project would be ac- 
 cepted by Prussia. It was her policy, then, to give 
 some semblance of power to that body by which 
 alone she could hope to maintain her position in 
 Germany. She, on the other hand, apparently 
 seized every opportunity of weakening the authority 
 of the Diet. The failure of the attempt which the 
 
DIFFERENCES BETWEEN AUSTRIA AND PRUSSIA. 55 
 
 Middle States had made to form a Union, which was 
 to hold the balance between the two great Powers, 
 proved that nothing could be expected of them. 
 
 , . The Middle 
 
 rarticularist ideas were dominant with them ; and it states. 
 was impossible to hope that they would willingly 
 surrender any portion of their sovereign rights for 
 the sake of a United Germany. The unity of 
 action which subsisted between Austria and Prussia 
 during the war which had just ended, was no sign 
 that they were being drawn closer together. In one 
 question, and that the most important, they would 
 always remain sharply antagonistic. The ingenuity 
 of no statesman could devise means for bringing 
 them to an understanding on the Constitution of 
 Germany. Two powerful nations with totally irrecon- 
 r liable ideas on a question the solution of which 
 was postponed from day to day, but which was daily 
 being brought forward, must sooner or later settle 
 tln/ir differences by the sword. There could not be 
 two kings in Brentford. Their union on the Slesvig- 
 Holstein question deceived no one. It was this very 
 union that hastened the catastrophe. 
 
 The danger of a common administration of a Autna, 
 country by two nations, whose views are distinct, and* 18 ' 
 
 . . ' Duchies. 
 
 is apparent to a child. The danger is increased 
 when the governed country itself is eager to strike 
 out 'a third line of policy. In undertaking with 
 Austria the government of the Duchies, Prussia 
 had but one object in view, the incorporation of 
 these countries into her territory. Towards this end 
 
56 SKETCH OF THE GERMAN CONSTITUTION. 
 
 Herr v. Bismarck was steadily working. Austria 
 desired to see a State formed in the North, which 
 ' should attach itself to her policy, and form a source 
 of annoyance to Prussia. But she did not desire to 
 grant the Duchies the independence they demanded. 
 The Duchies wished to free themselves entirely from 
 the influence of the two great Powers, and to form 
 an independent State, a member naturally of the 
 German Confederation, under the rule of the Prince 
 of Augustenburg. These three aims were so irrecon- 
 cilable that it would require much tact and patience 
 to avoid a collision. Of the three, that of the Duchies 
 is the juster and more logical. By the law of the 
 agnatic succession, which was in force in the 
 Duchies before the introduction of the law of the 
 cognate succession, the Duke of Augustenburg was 
 the rightful heir to the Ducal Throne. The Treaty 
 of London had, no doubt, settled the succession on 
 King Christian, and had formed the Duchies and Den- 
 mark into one State, preserving to the former their 
 political rights ; but as this State had been dissolved, 
 the Duchies would enter into the enjoyment of those 
 laws which existed before their close union with 
 Denmark. This latter country had ceded the 
 Duchies to Austria and Prussia without reserve ; and 
 it would be an inconsequent act were these two 
 countries to ignore those rights for which they had 
 fought. The Duchies might say with force : ' You 
 went to war to force Denmark to respect our ancient 
 and traditional rights ; now that you have been 
 
GASTEIN CONVENTION. 57 
 
 victorious with our help you surely cannot avoid CHAP. 
 
 placing us in full possession and enjoyment of those ' ' 
 
 rights. Holstein-Lauenburg has always formed 
 part of the German Confederation, and there is no 
 reason that she should cease to do so. Slesvig, how- 
 ever, is, and has been, in a different position. On 
 no ground can the German Confederation lay any 
 claim to her. She is willing to form one State with 
 Holstein, and to enter the Confederation, but not as 
 a vassal to any Power.' 
 
 For political reasons, however, it is clear that 
 Prussia could not allow the formation of a new State 
 in the North, which would almost inevitably, like the 
 Middle and most of the smaller States, lean towards 
 Austria, and add one more to the opponents of 
 Prussian policy in Germany. It is equally clear that 
 Austria could not permit the incorporation with 
 Prussia of a country which would increase her sea- 
 board and enable her to take a stronger and more 
 menacing position. 
 
 Each party worked actively in the Duchies in 
 favour of their respective views. Prussia, forgetting 
 her former statements, attacked the legitimacy of the 
 claim of the Duke of Augustenburg, and prevented 
 the assembling of the Provincial Diets. To place 
 matters on a more satisfactory footing, an agreement 
 was come to at Gastein (August 14, 1865) between 
 the two Powers, by which it was settled that the tion - 
 Duchies should be separated ; that Prussia should be 
 entrusted with the administration of Slesvig, and 
 
58 SKETCH OF THE GERMAN CONSTITUTION. 
 
 CHAP. Austria with that of Holstein. Austria further ceded 
 
 ' ' Lauenburg to Prussia for the sum of 2,500,000 
 
 * 64 ~ 66 ' Danish dollars (about 250,000/.); and Prussia was 
 also to have possession of Kiel, in order to commence 
 building naval establishments there. The fortress of 
 Eendsburg was to be garrisoned in common. 1 Con- 
 siderable excitement was produced in the Duchies by 
 this compact. One of the chief complaints they had 
 had against Denmark was her refusal to allow them 
 to become united ; and they now found their friends 
 and protectors following the same line of policy. 
 
 General Manteuffel was named Governor of 
 Slesvig, and endeavoured to win the sympathies of 
 the inhabitants. He met, however, with little success. 
 The people of Slesvig had no desire to form part of 
 the Prussian kingdom, and they were grieved to find 
 that the hopes they had cherished were blasted. The 
 Austrian Governor of Holstein, General von Gablenz, 
 pursued a line of policy which was distasteful to 
 Prussia, because it was successful in alienating the 
 Duchy from her, and in making it look to Austria 
 as its natural ally. Prussia had always been opposed 
 to the meeting of the Provincial Diets, as she well 
 knew that they would pass resolutions acknowledg- 
 ing the Duke of Augustenburg as their rightful ruler, 
 and demanding the union and autonomy of the 
 Duchies. In January 1866 a mass meeting was held 
 at Altona, with the sanction of General von Gablenz, 
 
 1 Herr v. Bismarck was raised to the dignity of Count for his skill in 
 obtaining possession of Slesvig, 
 
REPRESENTATIONS OF PRUSSIA. 59 
 
 at which resolutions were passed demanding the CHAP. 
 convocation of the Provincial Diets. Austria was 
 
 i Of A (*(* 
 
 perfectly ready to agree to these resolutions. Count 
 Bismarck thereupon addressed a note to Count demanX 
 MensdorfT (the Austrian Minister for Foreign Affairs), tkmofPio- 
 
 _ . . ' vincial 
 
 in which a long series or complaints was made against Diets, 
 the course which Austria was pursuing in Holstein, StFJnsTf 
 and which, if continued, would seriously endanger the 
 good relations hitherto existing between the two 
 Powers. Austria, who saw clearly the goal towards 
 which Prussia was striving, replied that she would 
 m-ver consent to the annexation of the Duchies to 
 Prussia, even at the cost of a rupture. It required 
 but little foresight to see that war would very pro- 
 bably be the consequence, and the two Powers com- 
 menced their preparations. Austria applied to the Austria ap - 
 Diet and to the Middle States to aid her in case of EK 
 attack on the part of Prussia, and the 7th, 8th, 9th, 
 and 10th Army Corps were mobilized. Prussia 
 addressed a circular note to the German States in 
 which she begged them to inform her what course 
 they would pursue, supposing she were attacked by 
 Austria. The majority of these States referred her to 
 the Diet. Prussia then endeavoured to arrive at a Prussian 
 peaceful solution by making overtures at Vienna. She P 
 proposed that Austria should have the conduct of 
 affairs in South Germany, if North Germany and 
 Slesvig-Holstein were resigned to her. Austria de- 
 clined the proposal, foreseeing that war was inevitable, 
 and preferring that it should come sooner than later. 
 
60 SKETCH OF THE GERMAN CONSTITUTION. 
 
 The European Powers now stepped in, to use 
 their influence in preventing an outbreak of hostilities. 
 
 -1 Q/ A /> * 
 
 Attem ^ O f -^entic n tes were despatched from London, Paris, 
 Powe p rs a t n o ^ n ^ ^ Petersburg, to Berlin, Vienna, Florence, and 
 peace 6 Frankfort, inviting the Powers to a conference to 
 discuss the three following questions, and, if possible, 
 to solve them by diplomacy : 1. The Duchies ; 
 2. Venice ; 3. The Eeform of the German Consti- 
 tution. Prussia, Italy, and the Diet at once accepted 
 the invitations. Austria said that she would attend 
 only under certain conditions. She must exact a 
 promise that the discussions at the Conference were 
 not to lead to any territorial aggrandisement or in- 
 crease of power to any of the Powers taking part in 
 it. She also disclaimed any intention ever to cede 
 Venice, and declined to receive therefor any money 
 compensation or any other equivalent. As these 
 conditions amounted to a refusal, the three Powers 
 withdrew their invitations, and declared their en- 
 Austria deavours to have failed. Austria now took a 
 question in decided step. She placed the solution of the 
 of the Diet. Slesvig-Holstein question in the hands of the Diet, 
 promising to abide by its decision, and stated at the 
 same time that she had given her Governor in 
 Holstein orders to summon the Diet of the Duchy. 
 Prussia at once, and with justice, declared that this 
 step was a breach of the Gastein Convention ; for 
 by a secret article in that compact, and which was 
 now published in the Official Gazette at Berlin, the 
 two Powers had bound themselves not to take any 
 
PRUSSIAN TROOPS ENTER HOLSTEIX. 61 
 
 step affecting the Duchies without previous concert. CHAP. 
 Both Powers, further, had always denied the right of ^ - ' 
 
 I QflA^ftfl 
 
 the Diet to interfere in the Slesvig-Holstein question, 
 although the latter had protested in 1864 against 
 the two Powers acting independently in a matter 
 which affected a member of the Confederation. 
 Prussia said that, the Gastein Convention having 
 been violated, the status quo ante must be reverted 
 to, namely, a common Government of the two Entry of 
 Duchies by her and Austria ; and she consequently troops into 
 marched her troops into Holstein. General von 
 Manteuffel on entering Holstein issued a proclama- 
 tion in which he promised to call together a common 
 representative Assembly for both Duchies. General 
 Gablenz had too weak a force to resist the 
 Prussians, and he therefore retired from Holstein, 
 and marched th rough Hanover towards Austria. 
 The Prussian Government immediately appointed a 
 Civil Governor for Holstein, and took the direction of 
 affairs entirely into their own hands. 
 
 Austria complained to the Diet that Prusssia had Austria 
 hereby violated the Federal Act (Bundes Act), and 
 requested the mobilization of the several Federal 
 Army Corps, and the appointment of a Federal Com- 
 mander-in-chief. It is hard to see in what manner 
 Prussia had violated the Buiides Act. As I mentioned 
 before, both countries had denied the right of the 
 Diet to interfere in the Duchies, and in fact had 
 agreed to a convention whereby they shut out the 
 Diet from any intervention. The Bundes Act 
 
 requests 
 
 mobiiiza 
 
62 SKETCH OF THE GERMAN CONSTITUTION. 
 
 provided that in cases of difference between two 
 States, the questions at issue should be submitted to 
 an Austragal Instanz for settlement ; and Austria 
 had no doubt taken the first step towards this by 
 laying the matter before the Diet ; but Prussia had 
 shown that this was a breach of the Gastein Conven- 
 tion. 
 
 The fact of the entry of Prussian troops into 
 Holstein was not a breach of any of the provisions 
 of the Bundes Act ; but to call upon the Diet to 
 mobilize the Federal Army against a member of the 
 Confederation was contrary to the spirit and letter 
 of the Bundes Act and the Final Act of Vienna. 
 The Diet could appoint a corps to carry out an 
 execution against a Federal State, but that was a 
 very different thing from the whole Federal Army 
 being employed in a formal war against one German 
 State. The Federal Army was not intended to be 
 brought into requisition except to repel a foreign 
 foe. By the Federal Act members of the Con- 
 federation are strictly forbidden to make war on 
 each other. In case of a State proving refractory, a 
 summons was addressed to it to conform to the re- 
 solutions of the Diet ; in case of refusal an execution 
 was ordered, and a State or States charged with 
 carrying it out. But before the last forcible means 
 were taken, another summons was made, so as to 
 give the peccant State another chance of avoiding 
 punishment. The mobilization of the Federal Army 
 was a violation of Articles XI. and XX. of the Federal 
 
PKOJECT FOR A NEW CONSTITUTION. 63 
 
 Act, and of Articles UV. and LXTII. of the Final 
 Act of Vienna. 
 
 But these reasons had no weight with the Diet, 
 
 Diet accede 
 
 who decided by nine votes to six, on June 14, 1866, |;^| an 
 
 to accede to the demands of Austria. The Prussian with- 
 drawal of 
 representative, De Savigny, thereupon declared that Prussian 
 
 his Government looked upon the vote as a declara- tative. 
 tion of war, and as being quite incompatible with the 
 Bundes Act; that this Act was violated, and that 
 therefore the bond of union between the members of 
 the Confederation was dissolved. He accordingly 
 left the Hall of Deliberation. Prussia issued a cir- Prussian 
 
 project for 
 
 cular note to the German Governments proposing a a ? ew . Con- 
 stitution. 
 
 new Confederation, from which Austria and Luxem- 
 burg were to be excluded. Prussia was to have 
 the presidency of the Diet, and the South German 
 Contingents were to be placed under the command 
 of Bavaria. A German Parliament was to be 
 elected by direct votes from electoral districts of 
 100,000 and 50,000 souls. 1 The Federal States 
 were to form one common Customs and Commercial 
 Territory ; and the command of the Navy in the 
 North Sea and Baltic was to be given to Prussia. 
 There was no expectation or possibility that this 
 plan would be accepted at this juncture, but it is the 
 outline of the Constitution of the North German 
 Confederation, and it is significant that even before 
 
 1 The normal electoral district consisted of 100,000 souls, but if, 
 as is explained hereafter, in Chap. VI., there was a surplus of voters, 
 these could be formed into a district of 50,000 souls, which should be 
 in the same position as the larger one. 
 
64 SKETCH OF THE GERMAN CONSTITUTION. 
 
 a shot had been fired the ground was being pre- 
 pared for the new and more vigorous plant which 
 ' was to replace the decayed tree which had so long 
 
 cumbered the earth. 
 Dissolution The Diet protracted its sittings for a short time 
 
 of the Diet. , n _. _ ,..,., 
 
 longer, the smaller States leaving it daily. On July 
 14, it transferred its seat to Augsburg, and on 
 August 24, 1866, held its last sitting. I cannot 
 refrain from quoting the remarks which the German 
 historian Arnd makes on this event : ' Here the 
 German Confederation ceased to live in name as it 
 had already done in fact. It was not the product 
 of a certain epoch, sprung from its spirit and wants, 
 but a work of necessity, of haste, and of artful 
 calculation ; only brought into being because no 
 better combination offered itself, and because some- 
 thing had to be done to meet the exigencies of the 
 moment. Among the many complex reasons which 
 led to the downfall sixty years previously of the old 
 German Empire, was the want of unity, of a really 
 national bond which should unite all together, and 
 the same need led to the dissolution of the German 
 Confederation. . . . That the Diet either did not 
 understand the spirit of the time, or intentionally 
 opposed it, no one will now deny, not even those 
 who were formerly its supporters. Credit is given 
 it for having during its term of existence preserved 
 peace in Germany. This was, however, the work 
 of external circumstances, and in no wise a sign of 
 the wisdom and power of the Diet. Peace since 
 
PREPARATIONS FOR HOSTILITIES. 08 
 
 Napoleon's time was a necessity to the States of CHAP. 
 Europe, who desired rest and time for recovery. % ' 
 
 1 Qfi/f f?f? 
 
 The revolutionaiy movements which aftenvards 
 occurred in the west and south were kept away 
 from the German frontier, not by the Diet, but by 
 the united action of the two great German Powers. 
 When at last Germany was shaken by the revolu- 
 tionary disturbances of 1848, the Diet fell like a 
 house of cards, at the first blow, and was only re- 
 established by Austria's influence and Prussia 
 pliability. In itself it was one of the most impotent 
 political assemblies that can be met with in history.' 1 
 War was now virtually declared, but each i'> 
 
 note to 
 
 party appeared unwilling to be the first to <<>m- Hanover, 
 
 mence hostilities. Prussia addressed a circular note nd Elec- 
 toral Hesse. 
 
 to Hanover, Saxony, and Electoral Hesse demanding 
 categorically what line they would follow in case of 
 an outbreak of hostilities, and they were given 
 twenty-four hours to come to a decision. The note 
 proposed that they should form an alliance with 
 Prussia, and accept the German Parliament, declar- 
 ing that in case of refusal, Prussian troops would 
 occupy their territories, it being impossible for 
 Prussia to allow three countries similarly situated 
 to remain in a doubtful or hostile attitude at the 
 present crisis. That the answer of these three States 
 would be in the negative there could be little doubt, 
 and preparations were made for their immediate 
 occupation. The Austrian representative at Frank- 
 
 1 Arnd'a Geavhichte der Jahre 1860 bis 1867, vol. i., p. 189. 
 
 F 
 
66 SKETCH OF THE GERMAN CONSTITUTION. 
 
 fort had formally declared that if measures were 
 taken by Prussia against Hanover, Saxony, and 
 364-66. E} ectora } Hesse they would be energetically opposed 
 by his Government. When, therefore, Prussian 
 troops entered these countries, Prussia considered 
 
 that Austria would carry out her threats, and, re- 
 Commence- 
 ment of garding the statement of the Austrian representative 
 
 as a declaration of war, her armies in Silesia were 
 set in movement against the Bohemian frontier. 
 With regard to the other German States, Mecklen- 
 burg-Schwerin, Oldenburg, Anhalt, Eeuss (elder 
 branch) Waldeck, Lippe and the free towns of 
 Bremen, Lubeck, and Hamburgh joined Prussia. 
 Brunswick and Mecklenburg-Strelitz both agreed 
 to the political reforms of Prussia, and to the con- 
 vocation of a German Parliament, but expressed a 
 desire, which was acceded to, to remain neutral. 
 pAisi As early as the beginning of March, General 
 
 Govone had been sent on a secret mission from 
 Florence to Berlin to negotiate an alliance between 
 Prussia and Italy during the war that was then 
 threatening. A treaty of alliance of three months* 
 duration was signed between the two countries on 
 April 8, 1866, in which Italy promised to support, 
 with armed force if necessary, the Constitutional 
 Eeforms of Prussia in Germany, and was to receive 
 Venice in return at the conclusion of peace. 
 Although Italy was defeated in the war, both on 
 land and sea, in the only battles in which she 
 engaged, she attained the object for which she 
 
TREATY OF PRAGUE 
 
 undertook hostilities. The Emperor of Austria 
 ceded the province of Venetia to France in order 
 to obtain her mediation in the peace negotiations, 
 and the Emperor of the French, a peace being 
 signed, transferred it to Victor Emmanuel. 
 
 Within seven weeks from the outbreak of 
 hostilities the Hanoverian army had capitulated, the 
 Elector of Hesse was a prisoner in the fortress of 
 Stettin, the South Germanic armies were paralysed, 
 the Austrian and Saxon forces had been signally 
 defeated at Koniggratz, and the road to Vienna was 
 open. No help from the neutral Powers could be Treaty of 
 looked for by Austria, and mediation in the peace 
 negotiations was all she could obtain even from 
 France. An armistice was concluded at Nickolsburg 
 July 26, 1866, which led to the definitive treaty 
 of peace signed at Prague August 23, 1866. 
 
 The augmentation which Prussia thereby acquired 
 was very considerable, and she has been much re- 
 proached for the grasping spirit she evinced. The 
 adherents to the policy of Prussia repel these 
 reproaches. The object for which she had been 
 striving, and for the attainment of which she had 
 expended much blood and treasure, was the unity 
 of Germany; and although this was not accom- 
 plished, a great step had been made in advance. It 
 was inevitable that some particular interests should 
 be sacrificed in the achievement of a great national 
 reform. The entire incorporation of some States 
 with the dominions of Prussia could be justified 
 
 F 2 
 
68 SKETCH OF THE GERMAN CONSTITUTION. 
 
 CHAP, on the ground that the State who was to be at 
 ' ' the head of the German body politic should be 
 
 -1 Qf*^ (*{* " * 
 
 made as powerful as possible. Prussia was the 
 State which had staked most on the struggle for the 
 fulfilment of the desires of all true Germans, and it 
 was but just that she should receive her reward. It 
 was absolutely necessary that countries like Hanover, 
 Hesse, and Nassau should be absorbed. Their 
 dynastical policy ran counter to the work which 
 Prussia had undertaken. The obstacles must be 
 removed. Saxony saved herself from absorption by 
 accepting the alternative of vassalage. It was im- 
 possible for Prussia to re-establish the status quo ante 
 bellum : the existence of antagonistic States of the 
 doubtful importance of Hanover, Hesse, and others, 
 in the midst of a Confederation which must consist 
 of homogeneous and harmonious parts, could not be 
 permitted by the country which had originated, fought 
 for, and was about to lead, this Confederation. 
 
ARMISTICE OF NICKOLSBURG. 69 
 
 CHAPTER V. 
 
 Armistice of Nickolsburg Treaty of Prague The new Constitution 
 The South German States The annexed provinces The Lux- 
 emburg question The reorganization of Germany Establish- 
 ment of the German Empire. 
 
 BY the armistice concluded at Nickolsburg on July 
 26, 1866, the Emperor of Austria recognised the 
 dissolution of the Germanic Confederation, as it had 
 
 , , . . Armistice 
 
 hitherto existed, and agreed to a new organization of 
 of Germany without the participation of Austria. 
 His Majesty likewise promised to recognize the Con- 
 federation which the King of Prussia would establish 
 north of the line of the Main, and declared himself 
 \\illing that the German States south of this line 
 should enter into a union, whose relations with the 
 North German Confederation were to be the subject 
 of an ulterior agreement between the two parties. 
 Article X. of the Treaty of Prague added the words, 
 4 And which shall have an international and inde- 
 pendent exist ence. 1 - 
 
 A Definitive Treaty of Peace was signed at Treaty of 
 Prague August 23, 1866, and Prussia concluded 
 separate treaties of peace with the other German 
 States. The Treaty of Prague increased the territory 
 of Prussia by 1,308 square miles, and her population 
 
70 SKETCH OF THE GERMAN CONSTITUTION. 
 
 CHAP, by 4,815,000. The acquisition of Hanover, Electoral 
 " ^ ' Hesse, Nassau, and Frankfort was claimed by Prussia 
 
 -t QL** *?~\ 
 
 ' by right of conquest. Prussia had declared on 
 Prussian June 14, 1866, that she considered the Confederation 
 
 acquisi- 
 tions dissolved by the declaration of war, and that she 
 
 therefore stood as a European Power and not as a 
 member of the Confederation towards those coun- 
 tries. These acquisitions were, of course, recognised 
 by Austria and the other German States in the 
 several treaties. The incorporation of Slesvig and 
 Holstein rested on the grounds of right of conquest 
 and of cession. Denmark, in 1864, had ceded the 
 Duchies to Austria and Prussia, and in 1866 Austria 
 handed them over entirely to Prussia. As the Duke 
 of Augustenburg had taken the side of the Austrians 
 during the late war, his rights were considered 
 abrogated by right of conquest. But by the influence 
 Article v. of the Emperor of the French the thorny Art. V. was 
 inserted in the Treaty of Prague. It runs as 
 follows: 'His Majesty the Emperor of Austria 
 transfers to His Majesty the King of Prussia all the 
 rights which he acquired by the Vienna Treaty of 
 Peace of October 30, 1864, over the Duchies of Hol- 
 stein and Slesvig, with the condition, that the popu- 
 lations of the northern districts of Slesvig shall be 
 ceded to Denmark if, by a free vote, they express a 
 wish to be united to that country/ 
 
 The countries north of the Main entered into 
 treaties of offensive and defensive alliance, by which 
 
THE NEW CONSTITUTION. 71 
 
 they agreed to maintain inviolate the independence 
 of each separate State. These treaties were to be in 
 force for a year, during which period a parliament 
 was to be elected according to the provisions of the 
 Electoral Law of 1849 promulgated by the Frankfort discuss new 
 
 Constitu- 
 
 Parliament ; and plenipotentiaries from each of the 
 contracting States met at Berlin on December 15 to 
 discuss a draft constitution, based on the Prussian 
 proposal of June 10, which Prussia had issued before 
 the dissolution of the Diet. The work on which 
 they were employed took several months to accom- 
 plish. The Constitution was to be submitted to the 
 Parliament on its assembling. 
 
 The Electoral Law 1 was accepted without much 
 difficulty by the Assemblies of the different States, 
 as it was seen that Parliament must be called to- 
 gether as soon as possible ; but some of the States 
 amended the law in a small degree to suit their 
 special circumstances. The elections took place on Elections 
 February 12, 18G7. As a German writer remarks, " 1 
 ' It was the first time since 1848 that the people 
 elected their representatives by universal suffrage, 
 and the first time in the existence of the German 
 nation that the elections took place by direct vote, 
 and not through the medium of electors.' The 
 number of members to be elected amounted to 297, 
 
 1 In Prussia the election took place under the Prussian Electoral 
 Law of 1860, which very closely resembled that of the Frankfort 
 Parliament. 
 
CHAP, of whom 193 were to be elected by the old pro- 
 ' ' vinces of Prussia, 43 by the new ones, including 
 
 1 Sfifi *7~l 
 
 " Lauenburg, and 61 by the other North German 
 Meeting of States. On February 14, 1867, this first constituent 
 
 Parlia- .'..'.''' 
 
 ent. parliament (Eeichstag) was opened by the King of 
 Prussia in the white hall of the palace at Berlin. In 
 this Reichstag the two most important parties were, 
 what are now called, the Fortschritt-Partei (the 
 
 p"riia S in P r g ress i st P ar ty ) an d the National Liberal Partei 
 
 mem. (the National Liberal Party). The Progressists 
 subordinated the idea of German unity to that of 
 liberty, and considered that the former should be 
 made the consequence of the latter. The National 
 Liberals were, as their name implies, imbued with 
 the desire for a united Germany before everything, 
 and considered that liberty should and would natu- 
 rally succeed unity. 
 
 Aocepta- The Beichstag at once proceeded to discuss in a 
 
 tion of .new 
 
 constitu- f u u house the draft Constitution which was laid 
 
 tion. 
 
 before it. Great pressure was put upon the 
 members to hasten their work, as the project, to 
 which they were to give their sanction, would have 
 to be ratified by the twenty-two Governments, and 
 the date for the expiration of the alliances was not 
 far distant. It was also necessary for another and 
 more important reason that as little delay as possible 
 should be allowed. Foreign Governments, and 
 above all Germany's powerful neighbours, should 
 be convinced that a United North Germany was 
 an accomplished fact. Time was riot then wasted 
 
THE NEW CONSTITUTION. 
 
 in those fruitless and abstract discussions which 
 characterised the Frankfort Parliament ; and in less 
 than two months the Constitution, slightly amended, 
 was passed by 230 to 53 votes. There were only 
 two amendments which need be mentioned. An 
 amendment was passed granting allowances to 
 members of the Keichstag, and another one limiting 
 the maintenance of the peace establishment, viz. in 
 the ratio of one per cent, of the population, to five 
 years instead of ten years. These two amendments 
 Count Bismarck declared he could not accept. The 
 Reichstag gave way on the allowance question, 
 but held firm to that of the army organization, and 
 eventually gained their point. 
 
 The ratification by the Eepresentative Assemblies 
 of the several States quickly followed, and on July 
 1, 1867, the new Constitution may be said to have 
 come into force. 
 
 The importance and magnitude of the reform 
 wlii eh had been introduced into Germany cannot 
 be overrated. From an ill-assorted, weak Confedera- 
 tion of States (Staatenbund) had arisen a compact and 
 powerful Federative State (Bundes-staat). The im- 
 potent and unpopular Diet had been succeeded by 
 a Parliament chosen from and by the people, ex- 
 ercising real power in the government of affairs . 
 The military system, which had been a source of 
 great weakness to Germany, had been thoroughly 
 reformed, and the direction of military matters was 
 placed in the hands of one man. The rivalry 
 
<* SKETCH OP THE GERMAN CONSTITUTION. 
 
 CHAP, between Austria and Prussia, and the evils conse- 
 ' quent thereon, had been removed. The Middle 
 
 18fifi_71 
 
 States, those persistent enemies of all reforms, bene- 
 ficent or otherwise, had ceased to exist. Bavaria, 
 Wurtemberg, and Baden were not of the fold ; 
 Hanover and Electoral Hesse had vanished from the 
 map of Europe ; Saxony was a subservient vassal 
 to her powerful neighbour. 
 The South TO turn to the South German States. An article 
 
 (.Tennan 
 
 states. - m t | ie < Nickolsburg Armistice,' which was repeated 
 in the Treaty of Prague, reserved to the South 
 German States the liberty of forming a Union among 
 themselves, and of allying this Union to that of the 
 North German Confederation. This article was 
 never carried out. Probably no one wished that 
 it should be. The time was not yet ripe for a closer 
 connection between North and South Germany than 
 that which existed through the offensive and defen- 
 sive alliances and the Customs Union ; and, till 
 that moment arrived, Prussia probably did not 
 desire to see a Union of the Southern States which 
 would be indirectly under Austria's influence. 
 Austria, on the other hand, was fearful that if the 
 Southern States did unite, Prussia would obtain 
 their incorporation into the North German Con- 
 federation. There was, further, scarcely sufficient 
 sympathy between the Southern States themselves 
 to induce them to enter into a close connection. 
 France had procured the insertion of this article in 
 the vague hope of establishing, if only in appear- 
 
THE SOUTH GERMAN STATES. 75 
 
 ance, a counterpoise to the North German Con- CHAP. 
 federation. The offensive and defensive alliances *- ' 
 
 I Qf*p ft 
 
 with Prussia afforded sufficient security to the latter 
 in case of an outbreak of hostilities with a foreign 
 Power. They were concluded in August, 1866, at 
 the same time as the treaties of peace were signed, 
 but they were kept secret till the threatening ap- 
 pearance of the Luxemburg difficulty rendered their 
 publication necessary. 
 
 Bavaria and Wurtemberg were not averse to a 
 United Germany, but they were unwilling to grant 
 Prussia the very prominent place she claimed. They 
 were not unwilling, however, to form the offensive 
 and defensive alliances, as, without placing them- 
 selves in the position of Saxony, they thereby 
 satisfied, in a small degree, the wishes of the 
 nationalists in their respective countries. They 
 both, to a certain extent, adopted the military 
 organization of Prussia. Count Beust complained, 
 in a despatch to the Eepresentative of Austria- 
 Hungary in Berlin, that these alliances were a 
 breach of Article IV. of the Treaty of Prague, as 
 it was impossible, he said, to assert that an offensive 
 and defensive alliance between a stronger and a 
 weaker State did not seriously affect the independent 
 international existence of the latter, which this 
 article had expressly reserved to them. But this 
 despatch did not change the policy either of the 
 North German Confederation or of the Southern 
 States. 
 
SKETCH OF THE GERMAN CONSTITUTION. 
 
 r 
 
 The position of Hesse was a peculiar one, as one 
 half of her territory was north of the Main, and was 
 
 . 
 
 therefore included in the North German Confedera- 
 tion, while the southern half maintained an inde- 
 pendent position. She concluded a military con- 
 vention with Prussia, by which she placed all her 
 troops under the command of the latter; she also 
 placed the administration of her posts and telegraphs 
 in the hands of this Power. The Upper Chamber 
 of Hesse, however, refused to agree to the proposals 
 of the Lower House that Hesse should, in its entirety, 
 join the North German Confederation. Baden was 
 anxious to enter the newly -formed Confederation, 
 but did not wish to do so by herself. It was 
 manifest that the exclusion of the South German 
 States was only temporary, and that some great 
 event alone was needed to weld the whole of 
 Germany together. 
 The Although there was some discontent in the 
 
 annexed 
 
 provinces, annexed provinces, it did not extend very widely, 
 and the central Power was too strong to admit of 
 this discontent taking any active form. Germany 
 had not been accustomed to see the principle of 
 legitimacy violated, and it was not in their own 
 States alone that the deposed sovereigns found sym- 
 pathy. In Hanover a plot was discovered for form- 
 ing a legion, which, in case of a war between 
 France and Germany, was to rise in arms against 
 the Fatherland, and endeavour to reinstate King 
 George upon his throne. Many arrests, and the 
 
<,/ 
 
 THE LUXEMBURG QUESTION. 'ly J /^ 77 
 
 / "7 
 
 flight of many of those implicated to France/yhithe\ CHAP// i 
 the legion transferred its activity, were the festfys. * ^T""' 
 Prussia pursued a concihatory policy towards the/ 1 ; 
 States which she had annexed. She attempted to 
 conciliate their particular interests with the measures 
 she was forced to take for the consolidation of the 
 new Confederation. The new army organization 
 was perhaps the innovation which created the 
 greatest opposition. The severe discipline and the 
 liability of everyone to military service brought 
 home to each individual the price he had to pay for 
 his political ideal. Many who had cried loudly for 
 national unity would now have preferred to return 
 to the old order of things rather than have their 
 liberty of action fettered. It was now that emigra- 
 tion drained Germany of many of her sons, and 
 grew to dimensions which gave, and still give, the 
 Government cause for reflection. 
 
 A question now arose which at one time The Lux- 
 threatened to produce serious complications. At 
 the Congress of Vienna, Luxemburg had been 
 given to the King of Holland, but not absolutely. 
 It was to be a member of the German Confedera- 
 tion ; the town was to be considered a Federal 
 fortress, and to have a Prussian garrison. After the 
 war of 1866, Luxemburg ceased to be a member 
 of the German Confederation, and the King of the 
 Netherlands, wishing to find an ally to support him 
 in case of need against his powerful neighbour, 
 turned to France, who seizing upon the opportunity 
 
78 SKETCH OF THE GERMAN CONSTITUTION. 
 
 CHAP, to get a footing in Germany undertook to take over 
 * Luxemburg, and to pay Holland a sum of money 
 ' for the acquisition. As soon as this agreement was 
 made public there was a loud outcry in Germany 
 against a former Federal State being sold to a 
 Foreign Power, and the determination was expressed 
 on no account to allow the agreement to be carried 
 out. The question was referred to a Congress 
 which met in London in May, 1867, and it 
 was decided that the five great Powers should 
 guarantee the neutrality of Luxemburg, which was 
 to remain in personal union with Holland ; that the 
 fortifications were to be razed, and the Prussian 
 garrison withdrawn. Luxemburg still remained in 
 the Customs Union, but was only regarded as a 
 foreign land adhering to the Union, and not repre- 
 sented either in the Customs Federal Council or in 
 the Customs Parliament. The other portion of the 
 King of Holland's dominions, Limburg, which had 
 formed part of the German Confederation, was also 
 released from its connection with Germany. In 
 language, customs, feelings, and descent the inhabi- 
 tants of Limburg were totally distinct from the 
 Germans. 
 
 stimulus to The Luxemburg incident was the only question 
 Ke?n a of foreign policy which during the four years follow- 
 ing the Seven Weeks' War gave the North German 
 statesmen cause for uneasiness. The question 
 having been peacefully solved they could now 
 devote the whole of their attention to the great 
 
THE REORGANIZATION OF GERMANY 79 
 
 work of the reorganization of Germany. The open- 
 ing of the new Parliament had given a great 
 stimulus to political life in Germany. Although 
 their sphere was narrowed, and they had almost 
 descended to the position of mere vestries, the 
 Assemblies of the different States showed an in- 
 creased activity and a heartier interest in the work 
 on which they were engaged. The political socie- 
 ties became more numerous ; and in the case of those 
 of the social democratic party, which was making 
 many converts, bolder and more exacting in their 
 demands. The newly-acquired rights of freedom of 
 speech and freedom of the press were, naturally, in 
 many cases misused. 
 
 In the early part of the session of February a Baden 
 motion was brought forward by Herr Laske, in the xirth er. 
 
 ID. in Con 
 
 Eeichstag for the admission of Baden into the Con- federation. 
 federation. 1 Baden was most anxious to enter the 
 North German Confederation, but Count Bismarck 
 successfully combated the idea by pointing out that 
 Baden was of more benefit to the Confederation in 
 her present position than if she was received within 
 the fold. She was the only one of the South 
 German States thoroughly imbued with national 
 ideas, and she could therefore be a most effectual 
 instrument in aiding the development of a national 
 policy in the South, while if she were withdrawn 
 
 1 This motion was not really against the Constitution, as it arose 
 incidentally during the discussion of a treaty between the Confedera- 
 tion and Baden, and was not of a formal nature. 
 
80 SKETCH OF THE GERMAN" CONSTITUTION. 
 
 and the other Southern States left to themselves, 
 this great work would be impeded and delayed. 
 
 We are now on the threshold of the great 
 German Franco-German War. This war is of such very 
 
 War. _ ..,,, . , 
 
 recent occurrence, the causes which led to it have 
 been so often discussed, that I consider it super- 
 fluous to do more than mention the fact of the 
 declaration of war, and pass on to the moment when 
 The South the representatives of the South German States arrived 
 
 German 
 
 states ad- j n Versailles to negotiate for the admission of these 
 
 nutted into 
 
 manco^" States mto the North German Confederation. This 
 federation. s ^ wag a na t ura l one, and it was patent to all that 
 after the successes of the German army it would be 
 impossible for the connection between North and 
 South Germany to rest merely on offensive and de- 
 fensive alliances. It was from Bavaria that the 
 proposal came to place the Imperial Crown on the 
 head of the King of Prussia, and to secure the succes- 
 sion to his descendants ; and she thereby took the 
 position to which she was entitled, of the second 
 Power in Germany. The negotiations with Bavaria 
 alone offered any difficulties, but these were soon 
 conquered, and on November 24, 1870, the treaties 
 were laid before the Eeichstag for their approval, the 
 necessary two-thirds majority in the Federal Council 
 having already given their consent. The Eeichstag 
 agreed to the treaties ; and also to the King of 
 Prussia receiving the title of ' German Emperor,' 1 
 
 1 It is unfortunate that there is so much carelessness in England 
 with regard to the title to be given to the German Emperor. He is 
 
ESTABLISHMENT OF THE GERMAN EMPIRE. 81 
 
 and to the North German Confederation being trans- 
 formed into the ' German Empire.' A deputation 
 
 I Q_ ^"I 
 
 of thirty members of the Eeichstag was then sent 
 to Versailles to request the King of Prussia to accept 
 the Imperial Crown ; and on January 8, 1871, His 
 Majesty solemnly proclaimed at Versailles the re- 
 establishment of the German Imperial Dignity. 
 
 The treaties had to be submitted to the Assemblies 
 of the four Southern States, and were agreed to by 
 them. The exchange of ratifications took place with 
 Baden, Hesse, and Wurtemburg before January 1, 
 1871, and the Bavarian ratifications were exchanged 
 on January 29, 1871 ; but January 1 is considered 
 as the day on which the new Constitution came into 
 force. Elections for the first German Parliament, on 
 the basis of the electoral law of 1869, were ordered 
 by the Emperor, and the new Parliament met on 
 March 21, 1871. 
 
 The first work was to gather into one document 
 the three instruments which contained the Constitu- 
 tion of the new Empire : namely, the Treaty between 
 the North German Confederation and Bavaria, of 
 November 23, 1870 ; the Treaty between the North 
 German Confederation, Baden and Hesse, of Novem- 
 ber 15, 1870 ; and the Treaty between the North 
 German Confederation, Baden and Hesse, on the one 
 side, and Wurternberg on the other, of November 25, 
 
 frequently called Emperor of Germany : this is aa absurd as if we 
 talked of the King of Belgium, or the Queen of the English. The 
 Crown Prince of Prussia received the title of Crown Prince of the 
 German Empire. 
 
82 SKETCH OF THE GERMAN CONSTITUTION. 
 
 1870. A ' Project of Law respecting the Constitu- 
 tion of the German Empire,' accompanied by the 
 L866-71. Draft of a 6 Charter of the Constitution of the German 
 
 Empire,' was laid before the Eeichstag by the Chan- 
 cellor, and received the sanction of that body as well 
 as of the Federal Council. It was published, and 
 came into force on April 16, 1871. 
 
 We now leave the German Empire established by 
 law. It apparently possesses most of the necessary 
 conditions of power and durability. Past experience 
 will prevent the hasty surrender of a prize won after 
 a struggle of over half a century. Great successes, 
 gained in common bind men together almost as 
 closely as common suffering under great adversities. 
 The Constitution, further, is not a mere provisional 
 stopgap like that of 1815, nor one based on abstract 
 theories like that of 1849. It was originated and 
 elaborated by men admirably fitted for the task, who 
 had great experience, a well-defined object, and past 
 failures to guide and warn them. Not a session is 
 allowed to pass without some improvement being 
 made, some doubtful point being cleared up, 
 some want supplied. The rivalry of the two great 
 Powers, which had rendered fruitless so many former 
 attempts at unity, had for some time ceased to exist. 
 Undisputed head of Germany, the centre of political 
 life and military power, Prussia could now de- 
 velop and extend those principles for which she 
 had so long contended. But the path of German 
 statesmen will not be without many difficulties. A 
 
THE GERMAN EMPIRE. 83 
 
 great struggle between the two most powerful adver- 
 saries in this world has commenced, and is but yet 
 in its infancy. Social questions, which now move ] 
 men far more than was the case in past times, are 
 assuming most important dimensions. And is the 
 political machine so perfected, and does it work so 
 harmoniously, that, when the great master mind 
 which at present directs it has passed away, its steady, 
 uniform action will continue uninterruptedly ? Ger- 
 many has gained her ideal; has she surrendered 
 nothing for the attainment of it ? 
 
 G 2 
 
84 SKETCH OF THE GERMAN CONSTITUTION. 
 
 CHAFFER VI. 
 
 Laws of Central Power Charter of the Constitution Presidency of 
 the Confederation The Federal Council Federal Court of Appeal 
 The Reichstag Electoral Law Railways and Finances The 
 Revenue of the Confederation The Customs Union The Consti- 
 tution of 1871. 
 
 THE new Confederation was no longer a Confedera- 
 tion of States (Staatenbund), but a Federative State 
 (Bundes-staat) composed of nineteen monarchies and 
 tnree republics, Bremen, Lubeck, and Hamburg,under ; 
 one Central Power. The Central Power consisted 
 
 rpi 
 
 Central 1. Of the King of Prussia, as head of the Confed- 
 eration, and Comrnander-in- Chief of the Federal 
 Forces ; 2. Of the Federal Council, consisting of forty- 
 three representatives of twenty-two different States ; 
 3. Of the Eeichstag, a parliament elected by 
 direct votes and universal suffrage. The Confedera- 
 tion could not be dissolved ; that is, no State of its 
 Scope of own free will could withdraw from it. Obedience to 
 the central the Confederation and to its decrees and laws was to 
 be preferred to obedience to the decrees, laws, &c. 
 of any particular State. If any law of any particular 
 State clashed with, or ran counter to, a law issued by 
 the Central Power, the former must be withdrawn. 
 
LAWS OF THE CENTRAL POWER. 85 
 
 Laws of particular States, on the other hand, could CHAP. 
 be transformed into Federal laws binding on the * ^ - 
 whole of the Confederation, as was the case in the 1867 ' 
 Prussian law for military service ; the Prussian law 
 of June 4, 1851, respecting a declaration of a state of 
 siege ; the Customs Union Treaties, and others. 
 
 The population of the Confederation was very Population, 
 nearly 30,000,000 souls, and of these very nearly 
 24,000,000 belonged to Prussia. 
 
 Every State was in reality a State with incomplete Relation oi 
 
 ..._.. . Central 
 
 sovereign rights, Prussia not excepted, and preserved i'>.-r to 
 
 /> 1 1 i the 
 
 its autonomy merely in matters of internal legislation, state*. 
 
 The question whether one State could alter its form of 
 government without reference to the Confederation 
 must be answered in the affirmative ; but only under 
 certain conditions. The Confederation reserved to 
 itself the right of interfering in the affairs of any State 
 where there was danger of the general order and se- 
 curity being disturbed; and this excuse could naturally 
 be put forward on very slight grounds. One State 
 again could cede territory to another without the 
 sanction of the Central Power ; and there was, indeed, 
 no article in the Constitution which prevented a State 
 from ceding some of its sovereign rights to a foreign 
 Power, by entering into a personal Union for instance. 
 An attempt had been made to insert a clause pre- 
 venting this, but the clause was thrown out by the 
 Eeichstag. 
 
 Each subject of every State had perfect freedom Rights of 
 of migration and of settlement. In whatever Federal 
 
86 SKETCH OF THE GERMAN CONSTITUTION. 
 
 State he took up his abode he had a claim to every 
 civil right possessed by a subject of that State. He 
 could acquire property, and enjoy the same commer- 
 cial liberty as a natural-born subject. This privilege 
 was confirmed by the law of June 6, 1870. With 
 regard to his military service, he was called upon to 
 serve in that contingent in whose territory he was 
 domiciled at the time of his attaining the age for 
 military service ; while volunteers could select what 
 contingent they pleased. If a subject of one State 
 was domiciled in another, he paid direct taxes to that 
 State alone in which he had his domicile. If he 
 possessed a domicile in his own State, and also in 
 another State, he paid direct taxes to the former 
 only. If he had no domicile in any State he paid 
 direct taxes to the State in whose territory he might 
 be residing for the moment. This was laid down by 
 the law of May 13, 1870. 
 
 The personal freedom of the subject was largely 
 extended by the new Constitution. For, not only was 
 the freedom of migration and settlement granted, but 
 other substantial rights also the right of associa- 
 tion, of petitioning ; freedom of the press ; equality 
 of all religious sects ; permission to employers of 
 labour as well as to the workmen themselves to com- 
 bine and form unions, &c ; and it must be borne in 
 mind that although some of these rights had been 
 nominally granted before, there was then no German 
 Parliament elected from and by the people to secure 
 the maintenance of those rights. Perhaps of all the 
 
CHARTER OF THE CONSTITUTION. 87 
 
 newly-acquired rights the one which was most ap- 
 preciated was the freedom of migration from one 
 State to another. Though freedom of migration had 
 been granted in the Bundes Act with the proviso that 
 the State which the emigrant selected should show 
 its readiness to accept him as a subject, this freedom 
 had been so hampered by rules and forms which had 
 to be complied with as to render its exercise a very 
 doubtful benefit. It required much time and some 
 money before a subject of one State could change his 
 abode. By the new Constitution it was a matter 
 merely of a railway fare and journey, provided the 
 man seeking to acquire a new domicile did not belong 
 to any of the following classes : 1. Those who had 
 been expelled from another State owing to their having 
 committed some crime : 2. Those who were mentally 
 or physically unable to support themselves ; and 3. 
 Those who had received aid from public funds. In 
 any of these cases the authorities of the country 
 where the emigrant intended to settle might decline 
 to receive him. 
 
 The Charter of the new German Constitution con- charter of 
 sisted of seventy-nine articles and of fifteen sections, tution. s 
 which treated of the following subjects : 1. Federal 
 territory ; 2. Federal legislation ; 3. Federal Coun- 
 cil; 4. Federal Presidency; 5. Eeichstag ; 6. 
 Customs and commercial system ; 7. Bail ways ; 8. 
 Posts and telegraphs ; 9. Navy and navigation 
 laws; 10. Consular Service; 11. Federal military 
 system ; 12. Federal finance ; 13. Settlement of 
 
88 SKETCH OF THE GERMAN CONSTITUTION. 
 
 differences between States, and code of punishment ; 
 14. General review ; 15. Eelations to the South 
 1867< German States. 
 
 The Central Power (Bundes-Gewalt) consisted 
 of three factors : the Presidency (Bundes-Prasidium), 
 the Federal Council (Bundes-Eath), and the Federal 
 Parliament (Keichstag). 
 
 Right of The Central Power had an exclusive right of 
 
 Power to legislation in 1. Eeform and improvement of the 
 Constitution; 2. The whole military system ; 3. The 
 Consular Service ; 4. Posts and telegraphs ; 5. The 
 regulation of the commercial relations of the several 
 members of the Confederation with each other, and 
 of the Confederation with foreign countries ; laws 
 respecting navigation ; protection of North German 
 commerce and flag ; and emigration ; 6. The Federal 
 finances ; the composition of the customs dues, and of 
 the excise on home-manufactured beetroot sugar, salt, 
 tobacco, brandy, and beer ; all the direct and indirect 
 taxes imposed for Federal purposes, the banking 
 system, coinage, and issue of paper money. 
 The Presi- The Presidency of the Confederation (Bundes- 
 
 dency of /it 
 
 the con- Presidium) was vested in the Crown of Prussia. 
 
 federation. ' , , 
 
 The King of Prussia was Commander-in-Chief of the 
 Army and of the Navy. He possessed/a limited veto 
 in legislative questions. He couT3 prevent the 
 adoption of laws respecting the Army, Navy, and 
 Customs, as well as regulations affecting the taxes on 
 home-manufactured beer, tobacco, brandy, salt, and 
 beetroot sugar, by giving his veto through the 
 
PRESIDENCY OF THE CONFEDERATION. 8 
 
 Chancellor, or through one of the Prussian repre- CHAP. 
 
 VI. 
 
 sentatives in the Federal Council. But as the sittings > - 
 of this body were secret, the feelings of the other 
 Governments were not injured by a public rejection 
 of their resolutions on these matters by Prussia. 
 Other laws, which required the assent of the Federal 
 Council and of the Keichstag alone, came into force 
 without the Crown of Prussia being able to veto 
 them ; though, of course, an indirect influence might 
 be exercised by means of the seventeen votes which 
 Prussia possessed in the Federal Council ; and also 
 by the right which the King of Prussia possessed of 
 proroguing and dissolving the Federal Council and 
 the Keichstag. The nomination of the Chancellor 
 was in the hands of the Presidency, and through him 
 all the laws, decrees, &c., of the Confederation were 
 made public, and the necessary regulations prescribed 
 for enforcing them. The King of Prussia had to 
 carry out the execution ordained by the Federal 
 Council against any recalcitrant member of the 
 Confederation ; and in case of necessity to ordain 
 one without consulting the Council. In this case 
 the Chancellor was "responsible, and had, as soon as 
 the Federal Council was assembled, to obtain, so to 
 sj u 'uk, a Bill of Indemnity. The King of Prussia had 
 the right to declare a state of siege in any Federal 
 State, if circumstances should call for this measure. 
 The right of summoning, proroguing, and dissolving 
 the Federal Council and the Eeichstag was in his 
 hands. He was the representative of the Confede- 
 
90 SKETCH OP THE GERMAN CONSTITUTION. 
 
 CHAP, ration with regard to Foreign Powers, and all diplo- 
 ' <- matic and consular appointments were in his nomi- 
 * 67 ' nation. Although some of the States still maintained 
 representatives at foreign Courts, and received 
 representatives in return, they could not claim this 
 privilege as a right. The Crown of Prussia was 
 wiUing that for small matters affecting their own 
 subjects the States should send representatives to 
 foreign countries, and, indeed, paid small sums to 
 these States, to aid in the support of their diplomacy 
 and foreign offices, but no encroachment was to be 
 made in consequence upon the exclusive right of 
 investigation and of representation which the Crown 
 of Prussia possessed. Prussia still maintained re- 
 presentatives at the North German Courts to sustain 
 her influence in those countries. The King of 
 Prussia also furnished the exequaturs for foreign 
 Consuls. He had the right of independently con- 
 cluding treaties of alliance and treaties of peace 
 with foreign Powers when these latter merely pro- 
 vided for the cessation of hostilities and for the 
 establishment of perpetual peace and amity. These 
 treaties had, however, to be countersigned by the 
 Chancellor. If the treaties, however, encroached on 
 the Constitution, or necessitated some alteration in 
 the laws of the Confederation, an absolute majority 
 in the Eeichstag, and a two- thirds majority in the 
 Federal Council were necessary before their ratifica- 
 tion. Treaties which touched on minor matters 
 required only a simple majority both in the Keichstag 
 
THE CHANCELLOR. 91 
 
 and the Federal Council before their ratification. CHAP. 
 
 VI. 
 
 The assent of the Federal Council had always to be ^ ^ ' 
 
 -i Of? 17 
 
 obtained before the signature of a treaty, while the 
 consent of the Keichstag was demanded after the 
 treaty had been signed. Then followed the ratifica- 
 tion by the Presidency of the Confederation. Each 
 separate State was not prevented by the Constitution 
 from concluding treaties with other States, provided 
 these treaties in no way affected either the interests, 
 the Constitution, the treaties or the laws of the Con- 
 federation, or any subject which was under its 
 supervision and legislation. The King of Prussia 
 had the right to declare war and to conduct the 
 military operations in the name of the Confederation. 
 
 There was only one responsible minister of the The 
 North German Confederation, and that was the C 
 Chancellor, the head of the Federal Council. 
 
 No laws were binding, with the exception of 
 those respecting the Army and Navy, which were 
 not countersigned by him ; and he was, therefore, 
 responsible for them. But he was only responsible 
 to the Confederation, and no assembly in any of the 
 States could call him to account. The fact of his 
 combining the offices of Chancellor and Prussian 
 Prime Minister did not alter the case and place him 
 under the authority of the Prussian Chambers. The 
 Chancellor need not necessarily be a Prussian State 
 official. A German constitutional writer of great 
 repute 1 states ' that the Chancellor's responsibility 
 
 1 Ronne, Verfassungs-Recht des Deutschen Reiches, p. 184. 
 
92 SKETCH OF THE GERMAN CONSTITUTION. 
 
 CHAP, was only moral, and not legal. A special law estab- 
 
 ' " lishing his responsibility would have been necessary 
 
 to have bound him legally.' His responsibility did 
 not of course extend to those laws which did not 
 require to be countersigned by him, nor could he be 
 responsible for any acts he might perform as a 
 member of the Federal Council. Bonne reduced 
 the responsibility of the Chancellor to the following 
 two general cases : 1. He was responsible that the 
 ordinances of the head of the Confederation, as far 
 as they required the assent of the Federal Council, 
 were in harmony with the resolutions of that 
 body; 2. That the ordinances of the head of the 
 Confederation, in so far as he could enforce them 
 independently, did not violate the Constitution and 
 laws of the Confederation. 
 
 Federal The Chancellor was assisted by a Federal 
 
 cery * Chancery (Bundes-Kanzler-Amt), consisting of a 
 President, four heads of departments, with four per- 
 manent assistants and the requisite number of clerks. 
 To this office were entrusted the posts and tele- 
 graphs, the Federal Consular Service, the supervision 
 of the customs and taxes, the arrangements with the 
 several States respecting the application of the laws 
 passed by the Federal Council and by the Beichstag, 
 and a rather vaguely defined power of interference 
 in questions affecting the commercial policy of the 
 Confederation. It appears that the Federal Chancery 
 gradually took into their hands the conduct of com- 
 mercial treaties ; but the head of the Confederation 
 
THE FEDERAL COUNCIL. 93 
 
 announced that the sphere of action of the Federal CHAP. 
 
 VI. 
 
 Chancery in these matters was purposely left * ^ ' 
 undefined. The railways were later put under the 
 superintendence of this office. 
 
 The Foreign Office of Prussia was transformed 
 January 1, 1870 into that of the North German 
 Confederation, and was named ' Foreign Office of the 
 North German Confederation.' It was placed under 
 the immediate direction of the Chancellor, and the 
 former Under Secretary of the Prussian Foreign 
 Office continued his functions with the title of 
 Secretary of State for Foreign Affairs. The repre- 
 sentatives were then called envoys of the North 
 German Confederation, and bore as official arms 
 the Prussian eagle surrounded with the inscription, 
 'Legation of the North German Confederation.' 
 Till then the Prussian Foreign Office had paid their 
 representatives abroad who acted as the repre- 
 sentatives of the North German Confederation ; now 
 they were borne upon the budget for the whole of 
 the Confederation. 
 
 The Federal Council is a unique creation. It Federal 
 combines the functions of a legislative assembly with 
 those of a permanent executive body. It consisted 
 of forty- three representatives from the several 
 States, who acted on instructions from their respec- 
 tive Governments. The number of Eepresentatives 
 sent by each State were as follows : Prussia had 
 seventeen, Saxony four, Mecklenburg-Schwerin two, 
 
94 SKETCH OF THE GERMAN CONSTITUTION. 
 
 CHAP. Brunswick two, and the remaining eighteen States 
 ' r ' one each ; each representative having one vote. 
 
 Prussia had added to the number of her votes in 
 the old Plenum those of the countries she annexed. Of 
 course her seventeen representatives could only vote 
 together ; they could not be divided on any question 
 whatsoever. The same was the case with the other 
 countries having more than one vote. Prussia, with 
 her seventeen votes, had therefore the power of 
 vetoing any measure entailing a fundamental altera- 
 tion in the laws of the Constitution, and consequently 
 requiring a two-thirds majority of the Council, though 
 she could not force any question through the Council 
 against the will of the smaller States. The votes of 
 the States were not considered valid in the following 
 cases : 1. When they had not sent a representative 
 to the Federal Council ; 2. When their representative 
 did not attend the sitting; 3. When he had not 
 received any instructions respecting the questions on 
 which a vote had to be taken. It was not within 
 the power of the Federal Council to examine 
 whether the vote of a representative agreed with 
 his instructions or not. 
 
 The members of the Federal Council acted upon 
 instructions which were given to them by the heads 
 of their Governments, and which had to be counter- 
 signed by one of the responsible ministers of their 
 countries. None of the members of the Council 
 could be made responsible for any decision which 
 might be arrived at in the Federal Council. The 
 
THE FEDERAL COUNCIL. 95 
 
 Assemblies of the several States had 
 no power of interference in the instructions given to 
 
 Kepresentative Assemblies of the several States had CHAP. 
 
 -| n . n 
 
 the representatives in the Federal Council. The 
 representatives enjoyed the same diplomatic privi- 
 leges as the representatives from foreign States. 
 
 Prussian publicists lamented the weakness of 
 their country in the Federal Council, but the 
 enormous preponderance of moral force she possessed 
 counterbalanced her numerical inferiority. Prussia 
 had also reserved to herself another instrument of 
 power in the Council, by not allowing the opinion of 
 the majority to outweigh the wish of the Presidency 
 in certain cases, such as those affecting the military 
 system, the customs dues, and certain taxes. In 
 such cases if the Presidency desired the maintenance 
 of the status quo, no vote of the Council could alter 
 hi- decision. Each member had the right of initi- 
 ating a question, except as regarded the admission 
 of a South German State into the Confederation, 
 when the duty devolved on the Presidium. Every 
 member of the Federal Council had a right to attend 
 the meetings of the Reichstag, and to state the views 
 of his Government on the question under discussion ; 
 but the Reichstag could not demand as a right the 
 presence either of the Chancellor or of any member 
 of the Council. 
 
 The functions of the Federal Council were rather Functions 
 
 of Federal 
 
 comprehensive. Treaties with foreign Powers had Council, 
 to receive the approval of the Council before they 
 were signed. This was the case in political treaties. 
 
96 i\ SKETCH OF THE GERMAN CONSTITUTION. 
 
 CHAP. Extradition, commercial, and navigation treaties had 
 ' ' first to be laid before the Eeichstag, and then to 
 receive the assent of the Council. The Federal 
 Council had to act as a kind of police over the 
 conduct of members of the Confederation, and to 
 watch over the Federal finances. The judicial 
 authority exercised by the Central Power was rather 
 limited, owing to the want of a civil and criminal 
 code for the whole Confederation at the time of the 
 introduction of the Constitution. Later, however, in 
 the spring of 1870, a penal code for the whole of the 
 Confederation was published. A civil code and a 
 general legal procedure are yet wanting. The 
 ' Upper Court of Appeal at Llibeck was selected by 
 the Federal Council to try cases of high treason 
 against the Confederation. Differences between 
 members of the Confederation were to be submitted 
 to the Federal Council. A committee, or, as it was 
 called, a Court of Arbitration was then elected by the 
 Council, to whom was entrusted the settlement of the 
 dispute ; the Council, of course, being responsible for 
 the decisions of the Court. The interested parties 
 took part in the vote for the election of this Court, 
 as these settlements of difficulties were regarded 
 rather as legislative than judicial acts. The right of 
 each member of the Council to vote on any question 
 was further an inalienable right. In commercial 
 matters also a Federal Court of Appeal was insti- 
 tuted in June 1869 at Leipzig. Besides deciding in 
 commercial cases the Court exercised also the same 
 
FEDERAL COURT OF APPEAL. 97 
 
 powers as the Admiralty Court does in England. 1 CHAP. 
 The Court consisted of many members, seven of 
 whom formed a quorum, and who were, for the 
 convenient and expeditious despatch of business, 
 divided into several Committees, or, as they were 
 called, Senates. The members were paid from the 
 Federal Chest. The Federal Council exercised juris- 
 diction over the Consuls of the Confederation so far 
 as to be able to suspend or dismiss them. The rules 
 which governed such cases were borrowed from the 
 Prussian disciplinary law. The civil courts of each 
 State were bound to help each other in the detection 
 and punishment of offenders. In criminal cases the 
 court of the place where the crime was perpetrated 
 could obtain the surrender of the criminal from any 
 of the other courts. The forum delicti comml 
 governs in Germany. There were a few cases in 
 which the surrender of the offender could not be 
 demanded, such as when the crime was political, or 
 when he had employed the Press as his instrument. 
 The Federal Council had always the power of 
 ordering an execution in a refractory State. In 
 extraordinary cases, requiring sudden action, this 
 power was entrusted to the King of Prussia, as head 
 of the Confederation. 
 
 There were seven Committees in the Federal com- 
 mittees of 
 Council. Two of these Committees, that for the the Federal 
 
 Council. 
 
 1 It may be as well to mention here that there was a commercial 
 navy for the Confederation, bearing the same flag (black, white, 
 red). 
 
 H 
 
98 SKETCH OF THE GERMAN CONSTITUTION. 
 
 Army and the Fortresses, and that for the Navy, 
 were selected by the head of the Confederation from 
 ' the Council, but without any reference to that body. 
 In a separate Treaty with Saxony, of February 7, 
 1867, Prussia engaged always to have a Saxon 
 representative on the Committee for the Army. 
 The other five Committees were for Customs and 
 Taxes, Commerce and Trade, Railways, Posts and 
 Telegraphs, Justice, and for Statistics (Eechnungs- 
 wesen). The members of these five Committees 
 were chosen by the Federal Council. Article VIII. 
 of the Constitution laid down that the head of the 
 Confederation must be represented in each of the 
 Committees ; that besides his representative, there 
 must be representatives of at least two of the other 
 States ; and that no State could have more than one 
 vote ,in the Committees, although they might have 
 several representatives. New elections for the Com- 
 mittees were held every time the Federal Council 
 commenced a new session, the old members being 
 eligible for re-election. These Committees could sit 
 when the Council was in recess. The functions of 
 ^ the Committees were deliberative and administrative. 
 They discussed and gave advice upon the matters 
 which were laid before them by the head of the 
 Confederation or by the Federal Council, and they 
 also exercised a supervision over the administration 
 of the affairs of the several Departments. 
 
 In the session of the Eeichstag in 1869, the 
 question of forming responsible Ministries was made 
 
THE FEDKRAL COUNCIL. 9 
 
 a prominent subject of discussion. The chief objec- CHAP. 
 tion, apparently, against the formation of responsible % ^ 
 Ministries was, that they would either swamp the 
 Federal Council, or that the Federal Council would 
 render them useless. This was no doubt the 
 dilemma ; and the question resolved itself into the 
 simple one, which form of government would best 
 suit the exigencies of the case responsible Ministries, 
 or the Committees of the Federal Council. Count 
 Bismarck stoutly maintained that the latter were 
 far preferable. Eesponsible Ministries, he argued, 
 would destroy unity in administration, would impede 
 the full development of the reorganisation of the 
 Confederation, and would create mistrust and a 
 feeling of uncertainty between the legislative and 
 administrative bodies. In fact, he boldly announced 
 his wish that there should be but one responsible 
 Minister for Prussia. There is no doubt that at the 
 time, North Germany could only be governed by a 
 strong central Power ; and in this respect the 
 Federal Council with one responsible Chancellor 
 met the case excellently. It would have been a 
 misfortune to have relegated the Federal Council 
 to the position of the English House of Lords. 
 Count Bismarck was accused of grasping at too 
 much power. But was this really so? Did not 
 the smaller States exercise more influence in the 
 Federal Council than they could possibly have done 
 were all administrative power to be taken out of 
 the hands of that body ? If they held together they 
 
 H 2 
 
SKETCH OP THE GERMAN CONSTITUTION. 
 
 CHAP, could prevent Prussia forcing any measure through 
 ' the Council ; while in Ministries, the heads of which 
 
 -| Q?I-T 
 
 would naturally be appointed by the King of Prussia, 
 a greater hold would have been obtained by this 
 country over the management of affairs. It was 
 no argument to compare the Constitutions of other 
 countries with that of North Germany. The cir- 
 cumstances in which North Germany was placed 
 were totally different from those of any other 
 country. Again, a trial at least should be given 
 to these Committees. Some of their members were 
 men well cognizant of their business, selected irre- 
 spective of their nationality, and fully competent 
 to deal with the matters they had to administrate. 
 The Constitution, though scarcely in the saddle, 
 deserved to receive the confidence of the nation; 
 for this Constitution had not been hastily prepared, 
 but had been submitted to the careful consideration 
 of the statesmen and assemblies of every State com- 
 posing the Confederation. 
 
 The The Eeichstag consisted of 297 members, elected 
 
 by direct votes and by ballot. The number of repre- 
 sentatives which each State sent was as follows : 
 Prussia, 235 ; Saxony, 23 ; the part of Hesse north 
 of the Main, 3 ; Mecklenburg-Schwerin, 6 ; Saxe 
 Weimar, Oldenburg, Brunswick, and Hamburg, 3 
 each ; Saxe Meiningen and Coburg Gotha, 2 each ; 
 and the remaining States, 1 each. The duration of 
 each Parliament was for three years, and a session 
 must be held every year. By the electoral law of 
 
^ V >k ^/ 
 
 ELECTORAL LAW. /^ 101 
 
 i- O /l , <' 
 
 May 31, 1869, which is still in force, each Stjfte wa&X CHAP/ 
 divided into electoral districts of 100,000 souls,^aeh 
 
 district electing a deputy. If a State, after 
 been divided into districts of 100,000 souls, still 
 had at least 50,000 electors remaining, then these 
 could be formed into an electoral district, and put 
 on the same footing as the larger district. States 
 which did not number 100,000 inhabitants could 
 nevertheless return a deputy. Seven States were 
 in this condition. Each electoral district was sub- 
 divided into smaller sections for convenience of 
 voting. The Federal Council was charged with the 
 partition of the districts. The revision of the li 
 of electors was not, as in England, entrusted to a 
 specially appointed officer, but the lists were sub- 
 mitted to the inspection of the public by the autho- 
 rities, a fixed term of eight days being granted for 
 the lodgment of objections. 
 
 Every male subject of the North German Con- 
 federation who had passed his twenty-fifth year, and 
 who lived in the section of the electoral district in 
 which he wished to exercise his vote, was entitled to 
 be an elector. There were certain exceptions, such 
 as persons in active military service, those under 
 guardianship or restraint, criminals, paupers, bank- 
 rupts, &c.^The qualifications for a deputy were very 
 simple. Evdry North German who had passed his 
 twenty-fifth year, and who had been for at least a 
 year a subject of one of the States which composed 
 the North German Confederation, could be elected. 
 
VI. 
 
 r - 
 
 1867. 
 
 SKETCH OF THE GERMAN CONSTITUTION. 
 
 CHAP. The same rule applied to naturalized North German 
 subjects. [A deputy could be elected for any district 
 irrespective of his domicile ; and there were but few 
 exceptions to those who were qualified to be elected, j 
 Persons in active military service could be elected ; 
 and the election of Government employes was allowed, 
 they being released from their official duties during 
 the session, but being permitted to retain their pay. 
 Thudicum, in his c Verfassungsrecht des norddeut- 
 schen Bundes,' gives as a reason for the admission of 
 employes that self-government was so little developed 
 in Germany that the employes were the only men 
 who had a knowledge of public affairs. The ques- 
 tion whether these employes should pay some one to 
 fill their posts during their absence, or whether the 
 State should do this, is not even yet satisfac- 
 torily settled. If a member of the Eeichstag was 
 appointed to a paid post under the Confederation, 
 or under one of the States composing the Confedera- 
 tion, or if he received promotion to a higher paid 
 post, he had to be re-elected. No one could be at 
 the same time a member of the Federal Council and 
 of the Eeichstag. fThe members of the Eeichstag 
 were not paid, nor were they allowed to receive 
 money granted to them by their own State for 
 travelling expenses, &c} Attempts have been made 
 to obtain the payment t>f the travelling expenses, but 
 have proved unsuccessful. The disqualifications which 
 applied to an elector applied equally to a deputy. 
 As before mentioned, the right of summoning, 
 
THE REICHSTAG. 103 
 
 proroguing, and dissolving the Reichstag was in the 
 hands of the King of Prussia. Effect had to be given 
 to a motion of the Federal Council for the dissolution 
 of the Reichstag by the sanction of the King of of the 
 Prussia. The elections had to take place witliin 
 sixty days after the dissolution, and the newly- 
 elected Reichstag had to meet within ninety days of 
 the dissolution. 
 
 Article XXVIII. of the Constitution laid down 
 that the Reichstag decided by an absolute majority 
 of votes. rThe presence of at least half of the house 
 was necessary to legalize any resolution.) But this 
 did not preclude debates being held on any subject, 
 whatever might be the number of members present. 
 The voting was taken either by standing up or by 
 calling over the names. The Beichstag elected its offi.-en.of 
 
 tli.- i; 
 
 uNvn President, Vice-r residents, and reporters, and tag. 
 the elections did not require the approval either of 
 the Federal Council or of the head of the Confedera- 
 tion. The President, the two Vice-Presidents, and 
 the eight reporters were elected for the duration of 
 the Session. When a new Reichstag met/ the 
 President, Vice-Presidents, and reporters were elected 
 for four weeks only at first, when their elections 
 were confirmed for the rest of the session, or other 
 members were selected in their -places. At the first 
 meeting of a new Reichstag the oldest member took 
 the presidency till half of the members had had 
 their elections confirmed, and had thus formed a 
 house, when the election of the new President was 
 
104 ^ SKETCH OF THE GERMAN CONSTITUTION. 
 
 proceeded with. At the commencement of a new 
 session of a Eeichstag, the past President presided 
 till his successor was elected, or he himself re-elected. 
 The same rules hold good in the cases of the Vice- 
 Presidents and the reporters. 
 
 The President had much the same functions as 
 the speaker of the House of Commons, except that 
 he might attend the meetings of the sections and of 
 the Committees of the House. The Vice -Presidents 
 represented the President during his absence. The 
 reporters drew up the minutes of proceedings, 
 supervised the shorthand reports of the debates, 
 read out the orders of the day, and acted as tellers 
 in the divisions. 
 
 The sittings of the Eeichstag were public, except 
 that on the motion either of the President or of ten 
 members the public could be excluded, and the 
 motion for a secret sitting then discussed. The 
 votes were taken by standing up, or if this test was 
 doubtful, by calling over the names. 
 
 Sections -^- s soon as ^ ne Reichstag met, seven sections, 
 
 Stteeaof composed as nearly as possible of an equal number 
 
 tag. Re ' of members drawn by lot, were formed, to whom 
 
 were entrusted the examination of the doubtful 
 
 election cases, and the election of members of the 
 
 Committees. The members of the Federal Council 
 
 might attend the meetings of the sections, and have 
 
 a deliberative voice. 
 
 The decision on the validity of an election rested 
 with the Eeichstag, and all petitions against elections 
 
COMMITTEES OF THE REICHSTAG. 105 
 
 had to be lodged within ten days after the meeting CHAP. 
 of the Parliament. Neither the sections nor the ' 
 
 I Q*7 
 
 Keichstag had the power of examining witnesses, 
 nor of calling for papers from the Government 
 officials ; the most they could do was to request the 
 Chancellor to cause an enquiry to be made into the 
 disputed facts of an election case. The sections 
 elected the members of the Committees, each section 
 choosing an equal number. The Committees were 
 occupied with matters relating to : 1. Mode of 
 conducting parliamentary business ; 2. Petitions ; 
 3. Commerce and trade ; 4. Finances and customs ; 
 
 5. Questions respecting administration of justice ; 
 
 6. The Budget. The Keichstag might refer questions 
 to their consideration, and when on the motion of a 
 UK niber a question was referred to a Committee, 
 the mover had the right of a deliberative voice in 
 the Committee, even though he was not a member of 
 it. The Committees named reporters, who drew up 
 reports on the questions which had been submitted 
 for discussion. These reports were printed and cir- 
 culated amongst the members of the Eeichstag two 
 days before the general discussion took place. The 
 Chancellor was to be informed of the meeting of the 
 Committees, and of the questions which they had 
 under discussion. 
 
 Bills were laid before the Eeichstag either by the Progress of 
 Federal Council or by a member : in the latter case through 
 
 the 
 
 the bill had to be signed by at least fifteen members. Reichstag. 
 Every bill must be read three times, and the first 
 
106 SKETCH OF THE GERMAN CONSTITUTION. 
 
 CHAP, reading had to take place on the third day after it 
 ' <- ' had been printed and circulated. In the first read- 
 
 -| Of* 1 "? 
 
 ing only a debate on the general features of the bill 
 took place, and it could not be thrown out before it 
 had been submitted to a second reading. The bill 
 after the first reading might be submitted to a com- 
 mittee, and the second reading was then postponed 
 till the Committee had made its report. The second 
 reading had to take place, either on the second day 
 after the first reading, or on the second day after the 
 report had been printed and circulated. The third 
 reading took place on the second day after the 
 second reading. If the Bill was passed, it was then 
 sent to the Chancellor, and to become law it had to 
 
 receive the assent of the Federal Council. 
 
 ^ 
 
 Power of i The Reichstag could initiate laws, with two ex- 
 Reichstag / 
 
 !aws itiate ce pti ns - ! It could not propose the admission of a 
 South German State into the Confederation ; and 2. 
 It rested with the Chancellor, and not with the 
 Eeichstag, to take the initiative in applying the means 
 afforded by law for settling a difficulty between the 
 head of one of the German States and his assemblies 
 on some constitutional question. The Federal 
 Council itself could not interfere unasked in such 
 cases ; and some States Oldenburg, Brunswick, 
 Mecklenburg, Saxe-Coburg Gotha, and Saxe Alten- 
 burg had special authorities who decided these ques- 
 tions. But as a rule bills were originated, and are still 
 originated in the Federal Council. And it is natural 
 that it should be so, as they are there more carefully 
 
THE REICHSTAG. 107 
 
 prepared, and by men more cognizant of the details CHAP. 
 of the special subject with which these bills are here- ' ' 
 after to deal. 1867 ' 
 
 It will be observed how carefully the way was 
 made ready for the admission of the South German 
 States by the clause forbidding the Federal Council 
 or the Keichstag taking the initiative in the matter. 
 The admittance of a South German State had to be 
 proposed by the head of the Confederation, and re- 
 quired only a simple majority of the Federal Council 
 and of the Eeichstag for the acceptance of the pro- 
 posal, not a two-thirds majority of the Federal 
 Council, as was the case in other fundamental changes 
 in the Constitution^ The whole Constitution of the 
 North German Confederation was, in fact, framed 
 \\ith the intention of being easily adopted by the 
 Soutli German States, and we shall see hereafter in 
 what small details the present Constitution differs 
 from the one with which we are now engaged. 
 
 If a member of the Eeichstag desired to put a 
 question to the Federal Council he had to obtain the 
 signature of thirty other members to his interpella- 
 tion, which was then transmitted through the Presi- 
 dent to the Chancellor, who named a day for answer- 
 ing the question. No motion could be made on a 
 question. 
 
 The person of every member during the session invioia- 
 of the Eeichstag was sacred, unless he was seized the Mem- 
 fla<jrante delicto, or on the day following the perpetra- 
 tion of some criminal act. If the Eeichstag thought 
 
108 SKETCH OF THE GEKMAN CONSTITUTION. 
 
 fit to renounce its protection over a member, the 
 latter could be arrested. A member of the Eeichs- 
 
 I O>7 
 
 tag could not be called to account by any court of 
 justice for any opinion he might express in the 
 Eeichstag, or in the sections or committees. The 
 Eeichstag itself had power to restrain the licence of 
 tongue by the same means employed by most other 
 representative assemblies. 
 
 Posts and After the war of 1866 the administration of the 
 
 posts and telegraphs was centralized as much as pos- 
 sible. Prince Thurn and Taxis, who had had the 
 administration of the posts in eighteen of the smaller 
 States, surrendered his rights to the King of Prussia 
 for the sum of three millions of thalers. Saxony, 
 the two Mecklenburgs, and Brunswick were the only 
 States in the North German Confederation which 
 possessed the right of nominating the inferior post 
 employes in their territories. The telegraphs were 
 placed almost entirely in the hands of the King of 
 Prussia. ^Legislation with regard to the posts and 
 telegraphs was within the province of the Federal 
 Council and the Eeichstag ; but the administrative 
 power was in the hands of the King of Prussia. / A 
 law to regulate the postal system of the whole of the 
 Confederation was passed November 2, 1867. The 
 King of Prussia named the post office and telegraph 
 officials, and negotiated the postal treaties with 
 foreign Powers. The expenditure on the post office 
 and the telegraphs was deducted from the revenues, 
 and the surplus placed in the Federal Chest. As, how- 
 
RAILWAYS AND FINANCES. 109 
 
 ever, the net revenues in each State were so very 
 unequal, it was determined to take the average net 
 revenue in each State during the five years from 
 1861 to 1865 inclusive, and on that to calculate a 
 percentage share which each State should have in 
 the general net revenue of the Confederation. This 
 share was to be deducted from the quota which each 
 State had to pay into the Federal Chest for general 
 Federal purposes. This arrangement was to last for 
 eight years, after which time, the net revenue was to 
 flow directly into the Federal treasury. 
 
 The railways were placed under the supervision Railways, 
 and control of the central Power, and their manage- 
 ment was taken out of the hands of the several States 
 ;i^ much as possible. One system of weights and 
 measures was established for the whole of the Con- 
 federation. 
 
 (^ The finances of the Confederation were under the Finance*, 
 control of the Federal Council and of the Eeichstag, | 
 wiili the exception of the excise on home-manufac- 
 tured sugar, brandy, salt, beer, and tobacco, as the 
 laws respecting these could not be altered against 
 the wish of the King of Prussia. The Budget was 
 brought in every year, and was passed by the Eeichs- 
 tag and Federal Council. The Chancellor was re- 
 sponsible for the proper disposal of the sums voted. 
 If any supplementary sums were required, which the 
 Budget had not provided for, then the Parliament had 
 to be summoned to give their sanction to this extra- 
 ordinary estimate. It may be worthy of remark that 
 
110 SKETCH OF THE GERMAN CONSTITUTION. 
 
 CHAP, the Federal Council and the Eeichstag were bound 
 ' - ' to take the organization of the Federal army into 
 account when they voted the military estimates, and 
 they were not permitted to refuse any vote which 
 could in any way injure this organization. The 
 military estimate was calculated at 225 thalers for 
 each man, and by Article LXII. of the Constitution 
 a sum of 67,433,400 thalers or 10,115,010/. (299,704 
 times 225 thalers) was obliged to be voted from 
 July 1, 1867, to December 31, 1871. And this vote 
 was to be continued until the peace establishment of 
 the army was settled. 1 
 
 The Confederation derived its revenues from the 
 following sources : 
 
 1. Those Customs dues which are set aside for 
 Federal purposes, as well as the excise on those 
 articles of consumption (that is on beet-sugar, salt, 
 tobacco, beer, and brandy) which the Customs Union 
 devoted to the Federal Chest. 
 
 2. The ' Aversal-Summen,' that is those sums 
 which the parts of the Federal territory lying out- 
 side the limits of the Customs Union, have to pay to 
 be exempted from the Customs dues. 
 
 3. The tax on exchange stamps. Each State 
 deducts a certain percentage. 
 
 4. The revenues of the posts and telegraphs. 
 
 5. The fees which are paid to the Federal Court 
 of appeal for commercial matters. 
 
 1 In April 1874 the peace establishment was fixed at 401,659 men, 
 for the term of seven years. 
 
THE REVENUE OF THE CONFEDERATION. Ill 
 
 6. The fees received by the Federal Consuls. CHAP. 
 
 VI. 
 
 7. The quotas which each State had to pay into - ^ ' 
 
 IQfi 1 ? 
 
 the Federal Chest. These constitute about a third 
 of the whole revenue. They were calculated on the 
 number of the population, in fact a kind of poll tax. 
 This was rather hard on largely-populated and poor 
 countries, and too favourable for the small rich 
 States. A deputy of the Eeichstag pointed out the 
 injustice of equally taxing 100,000 citizens of 
 Bremen, and 100,000 inhabitants of the Thuringian 
 forests. Some of the States procured some slight 
 alleviations from these quotas. 
 
 The loan of 10,000,000 thalers, which was con- 
 tracted in 1867, was placed under the direction of 
 the Prussian National Debt Administration, and was 
 supervised by the Chancellor, and by a committee 
 of seven members elected by the Federal Council 
 and the Eeichstag. 
 
 A yearly account had to be rendered to the 
 Federal Council and to the Eeichstag, by the head 
 of the Confederation, of the expenditure of the 
 revenue. 
 
 Before closing these remarks on the Constitution 
 of 1867, some mention must be made of the Customs 
 Union. 
 
 The Customs Union established in 1865, for Customs 
 
 Union. 
 
 twelve years, and to which twenty-four States had 
 given their adhesion, was considered dissolved by 
 the war, yet it was determined to allow it to con- 
 tinue till some measures of reform had been decided 
 
112 SKETCH OF THE GERMAN CONSTITUTION. 
 
 CHAP. on. For North Germany it was, of course, no longer 
 , ^ ' necessary, and the relations in which the South Ger- 
 man States stood to it were capable of improvement. 
 The machinery was complicated. It had been the 
 custom for the representatives of the several States 
 to meet in conference in the summer, when any of 
 their resolutions were sanctioned by the Governments 
 and ratified by the Assemblies. It happened only in 
 one or two instances that the Assemblies of the States 
 refused to ratify any resolution ; but their right of 
 veto existed, and reference to them delayed business. 
 The equality of votes was again an injustice, and 
 sometimes an inconvenience. Frankfort was on 
 precisely the same footing as Prussia. After the 
 war the whole of North Germany possessed but one 
 legislation, exercised by the Federal Council and the 
 Eeichstag, for customs, commerce, and taxes. It 
 was impossible, then, that the old Customs Union 
 could have continued to exist ; otherwise the South 
 German States might have vetoed and hampered the 
 legislative acts for the whole of North Germany. 
 A congress, on the invitation of Count Bismarck, 
 was held at Berlin in June 1867, when it was 
 agreed to establish a Federal Commercial Council, 
 and a Commercial Parliament for the whole of 
 Germany ; in fact, to form a Commercial Constitu- 
 tion, similar to the political Constitution of North 
 Germany, and to render legislation in commercial 
 matters independent of the political assemblies. 
 The elections for these commercial bodies were con- 
 
THE CUSTOMS UXIOX. 1 I "> 
 
 ducted in the same manner as those for the Federal 
 Council and the Keichstag. 
 
 The Government of the Customs Union consisted, 
 then, of three bodies on the model of the North 
 German Confederation, viz. of a Presidency, of a 
 Federal Council, and of a Parliament. Laws required 
 the assent of the majority of the Federal Council 
 and of the Parliament, but no change could be made 
 in the existing laws without the consent of the King 
 of Prussia as President of the Union. The laws 
 were not submitted to the assemblies of the several 
 States. The Customs duties and taxes on the articles 
 of consumption imposed by the Union were to last 
 till December 31, 1877, unless the Customs Federal 
 Council and the Customs Parliament altered them 
 with the sanction of the King of Prussia. The 
 publication of the treaties, laws, decrees, &c. of the 
 Union was made by each State in its own manner, 
 as there was no Gazette (Gesetz-Blatt) for the 
 Customs Union. All that was required of each 
 State was that these laws &c. should be published. 
 
 The Presidency of the Union was an attribute of 
 the King of Prussia. He named the President of 
 the Customs Federal Council, and the chief Customs 
 officials. He had a veto, as mentioned above, in all 
 resolutions which altered the existing laws, and also 
 against the dissolution of the Customs Parliament. 
 The summoning, proroguing, and dissolving of the 
 Federal Council and Parliament were in his hands. 
 
 The Federal Council of the Customs Union was 
 
 i 
 
114 SKETCH OF THE GERMAN CONSTITUTION. 
 
 CHAP, composed of the members of the Federal Council of 
 - J ' the North German Confederation, and the represen- 
 
 1 ftfi7 
 
 tatives of the four Southern States. The number 
 FedeTi 8 amounted to fifty-eight in all; that is, forty-three 
 from the North German Confederation, six from 
 Bavaria, four from Wiirtemberg, three from Baden, 
 and two from South Hesse. A representative of 
 Prussia was to be President of the Council, but it 
 was not necessary that he should be the Chancellor. 
 The members of the Customs Federal Council en- 
 joyed the same diplomatic privileges as those of the 
 Federal Council of the North German Confederation, 
 and could attend the meetings of the Customs 
 Parliament. The Federal Council had to meet once 
 a year, and was also to be summoned whenever the 
 Customs Parliament met. The functions of the 
 Federal Council were as follows. The assent of the 
 Council was necessary to the laws issued by the Union, 
 and without its consent, the King of Prussia could not 
 conclude commercial and navigation treaties. It 
 issued decrees and instructions with regard to the 
 laws and treaties of the Union being carried into 
 effect, and took cognizance of any defect in the 
 executive machinery. In conjunction with the King 
 of Prussia it could decree the dissolution of the 
 Customs Parliament. A simple majority was re- 
 quired for the adoption of any measure. 
 
 There were three permanent Committees in the 
 Customs Federal Council, one for commerce and 
 trade, one for the customs and taxes, and one for 
 
THE USToMS PARLIAMENT. 115 
 
 the accounts. Besides the head of the Union, at CHAP. 
 least four States must have representatives in each ^ 
 
 -I Q/^ 1 ? 
 
 of these Committees, each State having one vote. 
 The Council elected the members of these Com- 
 mittees for the ensuing session. It will be re- 
 membered that in the Federal Council of the 
 North German Confederation there were Committees 
 occupied with these matters. The Constitution had 
 been drawn up and adopted before the negotiations 
 for the new Customs Union had even commenced, 
 and it was, of course, necessary to provide an 
 administration for these important departments. 
 The sphere of the Committees in the Customs Union 
 was much larger than that of the Federal Council 
 Committees, and the activity of the latter was now 
 limited to the smaller commercial questions which 
 affected the North German Confederation alone. 
 
 The Customs Parliament was composed of the customs 
 Eeichstag, and of eighty-five representatives elected ment. 
 by direct secret voting and universal suffrage, by the 
 same electoral law as the Reichstag, from the South 
 German States, in the following ratio : for Bavaria 
 forty-eight, Wiirtemberg seventeen, Baden fourteen, 
 South Hesse six. The South German States were 
 allowed rather too free an interpretation of the 
 electoral law, and a considerable amount of liberty 
 in the partition of electoral districts, which in certain 
 cases, especially in that of Wiirtemberg, led to some 
 inconvenience. Baden appears to have been the 
 State which kept the closest to the electoral law of 
 
 i a 
 
116 SKETCH OF THE GERMAN CONSTITUTION. 
 
 CHAP. 1849. This was, no doubt, to be attributed to the 
 ' ' * strong national sympathies prevalent in this country. 
 The other States only allowed a subject of the par- 
 ticular State to be elected, and would not permit a 
 North German to be a deputy for any of their 
 electoral districts. This was against the spirit of the 
 law which regarded every subject of any State com- 
 posing the Customs Union as eligible in any district 
 which returned members to the Customs Parliament. 
 It was not necessary that this Parliament should 
 meet every year, but whenever its services were 
 required, or when its convocation was demanded by 
 a third of the voices in the Customs Federal Council. 
 The same reasons disqualified a deputy for the 
 Customs Parliament as did a deputy for the 
 Reichstag ; and business was conducted in both 
 chambers in precisely the same manner, except that 
 the Customs Parliament had no Committees. The 
 members of the Customs Parliament were not paid 
 any salary. 
 
 The revenues which were derived from the 
 Customs duties, and from the taxes on beet-sugar, 
 tobacco, and salt, were divided between the North 
 German Confederation and the South German States 
 according to the number of their population. The 
 taxes on brandy and beer in the South German 
 States were in some cases lower, and in some higher 
 than in the North German Confederation ; so these 
 articles were not included among those to be taxed 
 in common. Each State was charged with the 
 
.<;'*,. 
 
 THE CONSTITUTION OF 1871. ' 117 
 
 '///, 
 
 collection of the duties and taxes within its own 
 
 territory, but the instructions to the officials employed " ' ' 
 on this duty were issued from the central power. 
 
 The Customs law of January 23, 1838, and the 
 Customs ordinance of the same date were united 
 into one law called the Customs Union Law of July 
 1, 1869 ; and the Chancellor published the Customs 
 tariff on October 1, 1870. There was also a 
 Customs penal law. 
 
 Without having dwelt too much upon details it 
 is hoped that some idea has been given of how 
 North Germany was governed till the present 
 Empire was established. We will now proceed to 
 see what alterations the admission of the South 
 German States produced in the Constitution of the 
 North German Confederation. 
 
 The new German Empire consists of twenty-two 
 monarchical and three republican States, as well as i87i. f 
 of the Imperial province of Alsace-Lorraine. The 
 government of this province was placed in the hands 
 of the Emperor, whose decrees, orders, &c. required 
 to be countersigned by the Chancellor, who thereby 
 takes upon himself the responsibility of the adminis- 
 t ration. The Constitution of the German Empire 
 came into force in Alsace-Lorraine on January J, 
 1873 ; but it was provided that certain portions of 
 the Constitution could be introduced, with the 
 consent of the Federal Council, before that date. 
 Alsace-Lorraine, however, did not return members 
 to Parliament till the introduction of the Constitution ; 
 and she has no representatives in the Federal 
 
118 SKETCH OF THE GEliMAN CONSTITUTION. 
 
 CHAP. Council, being an Imperial province and not a 
 State. 
 
 1871 
 
 The objects of the German Empire are stated to 
 
 Central , . 
 
 power of be : 1. The protection of the Imperial territory, and 
 
 the Empire. 
 
 of the laws in force therein ; and, 2. The care of the 
 welfare of the German people. The central power 
 now consists of an Emperor, a Federal Council, and 
 a Parliament. The functions and attributes of these 
 three estates are, with a few exceptions, similar to 
 those enjoyed by the three estates of the North 
 German Confederation. 
 
 Emperor ^ e G* erman Imperial dignity vested in the 
 
 Crown of Prussia for ever, and the laws which 
 governed the succession to the throne in Prussia are 
 also in force for the Imperial throne ; that is to say, 
 that the Imperial dignity is to be hereditary in the 
 male line of the Eoyal Prussian house of Hohen- 
 zollern according to the law of primogeniture and of 
 agnatic succession. Eonne, in his ' Verfassungs-Eecht 
 des Deutschen Eeiches,' remarks that in the Constitu- 
 tion no provision is made in case of the Emperor being 
 a minor. The Prussian law respecting the Eegency 
 could hardly be adopted for the whole of the Empire, 
 though at the same time it would not be in accord- 
 ance with the spirit of the Constitution to have 
 different Eegents for Prussia and for the Empire. In 
 case of a Eegency being necessary, a law appointing 
 u Eegent would, no doubt, have to be passed by the 
 Federal Council and the Parliament. 
 
 As to the powers which the Emperor enjoys, they 
 
THE FEDERAL COUNCIL. 119 
 
 are the same as he possessed under the Constitution CHAP 
 of the North German Confederation, with two v 
 rather important exceptions. These exceptions are : 
 1 . The exclusive right to declare war is taken out of 
 his hands, the consent of the Federal Council being 
 now necessary. The Reichstag has, of course, an 
 indirect influence with regard to a declaration of war, 
 by having the power to refuse the supplies. 2. The 
 right of ordering an execution in case of necessity, 
 without previous reference to the Federal Council, is 
 not reaffirmed in the new Constitution. There is 
 rather an anomaly in placing the carrying out of an 
 execution solely in the hands of the Emperor. For 
 what would happen if the Federal Council found it 
 necessary to order an execution in Prussia? Although 
 tin- Emperor still possesses the right to declare a 
 ( -Dmitry or part of a country in a state of siege, he 
 cannot apply the power thus given to him, to 
 Havana. In other respects all his former rights 
 ivinain unchanged, with a further exception to be 
 hereafter mentioned. 
 
 The Federal Council was increased to fifty-eight Federal 
 
 J Council. 
 
 members. Bavaria has six votes, Wiirtemberg four 
 votes, Baden and Hesse three votes each. We will 
 now see in what respects the Federal Council differed 
 from that of 1867. Some alterations were made in 
 the manner of voting. When a decision had to be 
 arrived at on a subject which did not affect the 
 whole Empire, those members alone were to vote who 
 were concerned in the question. The two- thirds 
 
-U SKETCH OF THE GERMAN CONSTITUTION. 
 
 CHAP, majority was abolished. Questions which involve 
 
 ^ ^ some fundamental alteration in the laws of the Con- 
 1871 
 
 stitution are rejected if fourteen voices vote against 
 
 them. Owing to the increase in the number of the 
 Federal Council, Prussia could not veto as formerly 
 such questions with her seventeen votes ; and so some 
 other means had to be found for giving her this 
 power without increasing the number of her votes. 
 In the absence of the Chancellor one of the represen- 
 tatives of Bavaria takes the presidency of the Council. 
 The existing Committees of the Federal Council were 
 not altered. Bavaria has a permanent seat in the 
 Committee for the Army and Fortresses, while the 
 other members are named by the Emperor. By 
 the Treaty with Bavaria of November 23, 1870, a 
 special Committee for Foreign Affairs was formed, 
 consisting of the representatives of Bavaria, Saxony, 
 and Wlirtemberg, under the presidency of Bavaria. 
 In the countries where Bavaria maintained diplo- 
 matic representatives these latter were to be charged 
 with the affairs of the Empire during the absence of 
 the Imperial representatives. I am unaware that this 
 privilege has ever been exercised by Bavaria. The 
 Federal Council has also to prescribe the necessary 
 orders and regulations for the enforcement of the 
 laws, unless these laws contain some express provision 
 to that effect. The Federal Council under the last 
 Constitution did not possess so general a power, it 
 being vested in the hands of the King of Prussia, 
 from whom it was now withdrawn. A new, and by 
 
THE REICHSTAG. 121 
 
 no means an unimportant, field for legislation was 
 opened to the Federal Council and the Keichstag by 
 .their being permitted to legislate in matters respect- 
 ing the Press and right of meeting. 
 
 From the above it will be observed that some 
 encroachment on the prerogatives of the head of the 
 past Confederation was made by the Federal Council. 
 
 The Keichstag, or Parliament, now consists, with Reichstag, 
 the fifteen Alsace-Lorraine deputies, of 397 members, 
 of whom Prussia returns 235, Bavaria 48, Saxony 
 23, Wiirteinbcrg 17, Baden 14, Hesse 9, and the 
 other States in a smaller proportion. The elections 
 are conducted according to the Electoral Law of 
 May 31, 1869, which has been mentioned elsewhere. 
 The summoning, proroguing, and dissolving of Par- 
 liament, the mode of conducting the l>u>iness, the 
 formation of Committees and their functions, the 
 elections of the President and other officers, and the 
 manner of voting are all governed by precisely the same 
 regulations as existed in the Keichstag of the North 
 German Confederation. A similar rule to that which 
 was introduced into the Federal Council that votes 
 on subjects which did not affect the whole Empire 
 were given only by those members who were con- 
 cerned in those questions was applied also in the 
 Parliament. A change was made in the rules 
 respecting petitions, as the Parliament now has the 
 right of forwarding the petitions which are addressed 
 to them, to the Federal Council. Thus every subject 
 of the Empire, if his representatives think fit, can 
 
122 
 
 SKETCH OF THE GERMAN CONSTITUTION. 
 
 CHAP, come into direct communication with the Federal 
 ^ " Council. 
 
 1871 
 
 The office of the Imperial Chancellor has now to 
 the im- deal with the following subjects : 1. All the affairs 
 chancellor, of the Empire are centred in it which do not come 
 within the province of the Foreign Office. 2. It 
 prepares the subjects which have to s be laid before the 
 Federal Council. 3. Questions of commercial policy. 
 Posts and 4. The posts and telegraphs of the former North 
 German Confederation and of Baden and Hesse. Those 
 of Bavaria and Wiirtemberg remain at present under 
 the administration of their own Governments. Article 
 LII. of the Constitution lays down that ' the legislation 
 respecting the immunities of the posts and telegraphs, 
 respecting the legal relations of both these depart -v 
 ments to the public, and respecting the postage, is in 
 the hands of the central power. But the regulations 
 and the tariff rules for the internal postal and tele- 
 graphic communication in Bavaria and Wiirtemberg 
 are laid down by these countries themselves.' 
 
 4 The regulations for the postal and telegraphic 
 communication with the exterior are also under the 
 central power, with the exception of those affecting 
 the immediate communication of Bavaria and 
 Wiirtemberg with the non-German States border- 
 ing on them, which are settled by Article 49 of the 
 Postal Treaty of November 23, 1867.' 
 
 These two countries, therefore, enjoy the 
 revenues accruing from their posts and telegraphs, 
 but they have no share in the revenues which the 
 
THE IMPERIAL FINANCES. 
 
 Imperial Treasury derives from these sources. lu 
 the treaty with Bavaria it was agreed that, in postal 
 and telegraphic treaties with non-German States, 
 representatives from the neighbouring German States 
 should be present for the protection of the particular 
 interests of their countries ; and that each separate 
 State should be allowed to conclude treaties of the 
 above-mentioned character in so far as they only affected 
 communication on the boundary (Grenzverkehr). 
 
 The office of the Imperial Chancellor had also 
 to deal with : 5. The superintendence of the Imperial 
 Debt ; with Customs and taxes, and the Finances. 
 The Imperial Debt consists of loans contracted for 
 the increase of the navy, for coast defence, for the 
 mobilisation of the army, and for the expenses 
 incurred in the Franco-German War. The Chan- 
 cellor has the superintendence of it, and it is 
 administered by a Committee of seven members, 
 three of whom are chosen by the Federal Council, 
 and three by the Parliament. 6. Those matters 
 which were within the province of the head of the 
 former Customs Union. By the entry of the South 
 German States into the North German Confedera- 
 tion, and the formation of the Empire, the Customs 
 Union, with its Council and Parliament, was of course 
 rendered unnecessary ; and its functions were trans- 
 ferred to the Federal Council and the Parliament of 
 the Empire. The Customs Union Law of July 1, 
 1860, the Customs Tariff of October 1, 1870, and 
 the CusUin> Penal Law continued to remain in 
 
12-4 SKETCH OF THE GERMAN CONSTITUTION. 
 
 CHAP, force. These laws were introduced into Alsace- 
 1 ' Lorraine. Bavaria, Wurtemberg, and Baden, how- 
 ever, retained the right of taxing their home-manu- 
 factured brandy and beer. 7. The administration 
 of Alsace-Lorraine. 
 
 Military The military and naval affairs of the Empire, with 
 
 the exception of Bavaria, are administered by the 
 Prussian War Office, and by the Prussian Admiralty, 
 although these Ministries are not officially recognized 
 as Imperial authorities, This abnormal condition 
 of things is somewhat modified by the Committee 
 of the Federal Council for the Army and Fortresses, 
 which forms a kind of Imperial War Ministry. 
 Wiirtemberg had to adopt the Prussian organization, 
 but preserved the privilege of clothing her army on 
 her own pattern, and of retaining the laws for the 
 religious service in her army, and her military penal 
 code. Her contingent forms one separate army 
 corps, but is under the command of the German 
 Emperor. Bavaria has to contribute the same 
 quota as the other States to the Imperial Military 
 chest ; but this quota is kept apart, and the mode 
 of expending it is left entirely to her. Her army 
 is under the King of Bavaria during peace time, but 
 on the mobilization of the Imperial troops on a war 
 footing, the Emperor takes the command. She has 
 to assimilate the organization, arming, &c., of her 
 army to the system of the Imperial troops. 
 
 Railways. The administration of the railways is, as formerly, 
 
 in the hands of the central power, as far as regards 
 
THE FORM OF THE PRESENT CONSTITUTION. 
 
 purposes of land defence and general commu- 
 nication ; in fact, if a railway is considered neces- 
 sary for these purposes it can be made without 
 the consent of the State through whose territory 
 it passes. Bavaria maintains the administration of 
 her railways, excepting that she must make lines 
 which are considered necessary for strategical 
 purposes. 
 
 The laws which concerned the right of settle- 
 ment in a State and marriage, were among those of 
 the North German Confederation which were not 
 introduced into Bavaria. 
 
 With the exceptions and alterations above 
 mentioned, the Constitution of the North German 
 Confederation was accepted by the South German 
 States. In the present Constitution, the Emperor 
 has been shorn of a few prerogatives, and the power 
 of the Federal Council has been slightly increased ; 
 while Prussia has succeeded in retaining in this 
 Council the same, if not a greater influence, than 
 she formerly possessed. The exceptional positions 
 which in some matters Bavaria and, in a lesser 
 degree, Wiirtemberg enjoy, will probably not be 
 long maintained. 
 
 The form of the Constitution is peculiar an 
 Emperor who combines some of the attributes of 
 an absolute, with those of a constitutional sovereign, 
 ruling over States more or less independent, and 
 who is hemmed in and rendered powerless in many 
 respects, while in others he has unlimited scope ; 
 
126 SKETCH OF THE GERMAN CONSTITUTION. 
 
 one responsible Minister, the Chancellor, whose re- 
 sponsibility is not very clearly defined ; a Council 
 of Eepresentatives from the several States, with the 
 functions of an administrative and of a legislative 
 body, responsible to no one, acting upon instructions 
 from their Governments, without reference to the 
 representative assemblies of their respective coun- 
 tries ; a Parliament elected on as broad a basis as 
 possible, and yet not exercising to the full the 
 functions which ordinarily belong to a great repre- 
 sentative body, 
 
 He would be a bold prophet who would venture 
 to foretell the future of this Constitution. 
 
 LONDON : PRINTED BY 
 
 aPOTTISWOODK AND CO., NKW-STBEKT 
 AX I) PAHMAMKNT STBEKT 
 
39 PATERNOSTER Row, K.C. 
 LONDON, March 1876. 
 
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INDEX 
 
 Acton's Modern Cookery 40 
 
 AircTs Blackstone Economised 39 
 
 A irys Hebrew Scriptures 29 
 
 Alpine Club Map of Switzerland 34 
 
 Alpine Guide (The) 34 
 
 Amos' s Jurisprudence 10 
 
 Primer of the Constitution 10 
 
 Anderson's Strength of Materials 20 
 
 Armstrong's Organic Chemistry 20 
 
 Arnolds (Dr.) Christian Life 29 
 
 Lectures on Modern History a 
 
 Miscellaneous Works 13 
 
 School Sermons 29 
 
 Sermons 29 
 
 (T.) Manual of English Literature 12 
 
 Atherstone Priory 36 
 
 Autumn Holidays of a Country Parson ... 14 
 
 Ayre's Treasury of Bible Knowledge 39 
 
 Bacon 's Essays, by Whalely II 
 
 Life and Letters, by Spcdding ... n 
 
 Works 10 
 
 Bain 's Mental and Moral Science 12 
 
 on the Senses and Intellect 12 
 
 Emotions and Will 12 
 
 Baker's Two Works on Ceylon 34 
 
 Baits Guide to the Central Alps 34 
 
 Guide to the Western Alps 35 
 
 Guide to the Eastern Alps 34 
 
 ft's Native Races of the Pacific 23 
 
 Jtarry on Railway Appliances 20 
 
 Beckers Charicles and Gallus 35 
 
 Black's Treatise on Brewing 40 
 
 Buckley's German- English Dictionary 16 
 
 Blainc's Rural Sports 37 
 
 Blsxams Metals 20 
 
 Boultbee on 39 Articles 29 
 
 Bournes Catechism of the Steam Engine . 27 
 
 Handbook of Steam Engine 27 
 
 Treatise on the Steam Engine ... 27 
 
 Improvements in the same 27 
 
 Bowdlfr's Family Shakspcare 37 
 
 Bramlcy-Moorc s Six Sisters of the Valley . 36 
 Bra tide's Dictionary of Science, Literature, 
 
 and Art 23 
 
 Brinkley's Astronomy 12 
 
 Browne's Exposition of the 39 Articles 29 
 
 Buckle's History of Civilisation 3 
 
 Posthumous Remains 12 
 
 Bncktons Health in the House 24 
 
 Bull's Hints to Mothers 4 
 
 Maternal Management of Children . 40 
 
 Burgomaster's Family (The) 34 
 
 Burkes Rise of Great Families 8 
 
 A6 
 
 Burkes Vicissitudes of Families 8 
 
 Busk's Folk-lore of Rome 35 
 
 Valleys of Tirol 33 
 
 Cabinet Lawyer 
 
 Campbelfs Norway 
 
 Gates' s Biographical Dictionary 
 
 and Woodward's Encyclopaedia 
 
 Changed Aspects of Unchanged Truths ... 
 
 Chtsncy's Indian Polity 
 
 Modern Military Biography 
 
 Waterloo Campaign 
 
 Codrington's Life and Letters 
 
 CoUnso on Moabite Stone &c 
 
 *j Pentateuch and Book of Joshua, 
 
 Collier's Demosthenes on the Crown 
 
 Commonplace Philosopher in Town and 
 
 Country, by A. K. H. B 
 
 Comte's Positive Polity 
 
 Congreves Essays 
 
 Politics of Aristotle 
 
 Conlngtoiis Translation of Virgil's ^Eneid 
 Miscellaneous Writings. 
 
 40 
 
 3 i 
 
 5 
 14 
 3 
 4 
 3 
 7 
 
 33 
 32 
 13 
 
 14 
 8 
 
 9 
 ir 
 
 37 
 13 
 15 
 
 30 
 
 36 
 
 J4 
 
 4 
 
 6 
 
 4 
 
 4 
 
 4 
 
 ContanseausTvo French Dictionaries ... 
 Conybcare and Howson's Life and Epistles 
 
 of St. Paul 
 
 Comeilles Le Cid 
 
 Counsel and Comfort from a City Pulpit... 
 
 Cox's (G. W.) Aryan Mythology 
 
 Crusades 
 
 History of Greece 
 
 General History of Greece 
 
 School ditto 
 
 Tale of the Great Persian 
 
 War 
 
 Tales of Ancient Greece ... 
 
 Crawlcy's Thucydides 
 
 Creighton's Age of Elizabeth 
 
 Cresy's Encyclopaedia of Civil Engineering 
 
 Critical Essays of a Country Parson 
 
 Crookes's Chemical Analysis 
 
 Dyeing and Calico-printing 
 
 CulUy's Handbook of Telegraphy 
 
 Davidsons Introduction to the New Tes- 
 tament 3 1 
 
 D'Aubignc's Reformation 31 
 
 DC Caisnc and Le Maoufs Botany 24 
 
 De Morgans Paradoxes 13 
 
 De Tocqucvilles Democracy in America... 9 
 
 Disraeli's Lord George Bentinck 8 
 
 4 
 6 
 
 27 
 
42 
 
 NEW WORKS PUBLISHED BY LONGMANS & CO. 
 
 Disraelis Novels and Tales 35 
 
 Dobson on the Ox 38 
 
 Dove's Law of Storms 18 
 
 Doyle's (R.) Fairyland 25 
 
 Eastlakes Hints on Household Taste 26 
 
 Edwards 's Rambles among the Dolomites 34 
 
 Nile 32 
 
 Elements of Botany 23 
 
 Ellicott's Commentary on Ephesians 30 
 
 - Galatians 
 Pastoral Epist. 
 
 - Philippians, &c. 
 
 - Thessalonians . 
 
 Lectures on Life of Christ 
 
 Elsa : a Tale of the Tyrolean Alps 36 
 
 Evans' (J.) Ancient Stone Implements ... 23 
 
 (A. J.) Bosnia 33 
 
 Ewalds History of Israel 30 
 
 Antiquities of Israel 31 
 
 Fairbairns Application of Cast and 
 
 Wrought Iron to Building... 27 
 
 Information for Engineers 27 
 
 Life 7 
 
 Treatise on Mills and Millwork 27 
 
 Farrars Chapters on Language 13 
 
 Families of Speech 13 
 
 Fitzwygram on Horses and Stables 38 
 
 Forbes s Two Years in Fiji 33 
 
 Francis's Fishing Book 37 
 
 Freeman's Historical Geography of Europe 6 
 
 Fres/ifield's Italian Alps 33 
 
 Froude's English in Ireland 2 
 
 History of England 2 
 
 Short Studies 12 
 
 Gairdners Houses of Lancaster and York 6 
 
 Ganot's Elementary Physics 20 
 
 " Natural Philosophy 19 
 
 Gardiner s Buckingham and Charles 3 
 
 Thirty Years' War 6 
 
 Geffckens Church and State 10 
 
 German Home Life 13 
 
 Gibson s Religion and Science 29 
 
 Gilbert & Churchill's Dolomites 34 
 
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 Goodeve's Mechanics 20 
 
 Mechanism 20 
 
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 Grevi lie's J ournal 2 
 
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 Grohmans Tyrol and the Tyrolese 32 
 
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