and Prussia denying the competence of that body to
deal with treaties of succession. This is an important
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
Glücksburg family. It was even the youngest of
the younger branch of Glücksburg that was chosen,
and 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?

CHAP.

III.

1863.

Constitu

tion of

1855.

The promise which Denmark made to grant a Danish common Constitution acceptable to the Duchies was not fulfilled. After much pressure from the Treaty Powers, the King of Denmark in 1855 gave a Constitution, but it was by no means considered satisfactory. 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

СНАР.
III.

1863.

exertions of friendly Powers that this was averted; and a promise obtained from Denmark that she and the Duchies should name an equal number of delegates 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, Denmark 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 incorporate Slesvig entirely, and to separate Holstein from her by granting to the latter Duchy a separate administration and army. The Diet called upon her to withdraw this Patent, and to grant a common vember 18. 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 The Patent was not immediately withdrawn, but a Constitution was drawn up, well known as the Constitution of November 18, which was not submitted to the States of the Duchies, which did not meet the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 was succeeded by Prince Christian with the title of Christian IX. Great pressure from the friendly 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

Constitu

tion of No

Succession

of Prince Christian

to the throne.

III.

1863.

Eiderdänish ministry pressed their master not to CHAP. submit; considerable distrust was entertained in Denmark of King Christian, owing to his supposed German proclivities, and he had to choose between signing the Constitution and losing his crown. preferred the former step.

He

Duke of

burg.

The Duke Frederick of Augustenburg, son of the Claims of Duke who had received compensation, not considering Augustenhimself 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 intended 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.

CHAP.
III.

1864. Declara

Denmark still refused to withdraw the Constitution 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 constituted into a separate State, with the Duke of Augustenburg 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

Vierna.

spring, the only link by which she was bound to the Confederation, to be put on one side.

CHAP.

III.

1861-64.

Plans for

tional

Let us now consider the third question, the Reform of the Constitution, the most important Constituof all questions and the most difficult of solution. reforms. Freiherr von Beust, the Saxon Minister for Foreign Herr v. Affairs, was the first in the field with a plan of posal." reform entirely in the interests of the Middle States. The following is a sketch of his plan. The Government was to consist of three bodies a Federal

Assembly (Bundes-Versammlung), a Representative Assembly, and a Federal Court of Justice (Bundesgericht). The Federal Assembly, composed of representatives 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 Representative 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 representatives 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

Beust's pro