CHAP. IV. 1864-66. Attempts of Powers to preserve peace. The European Powers now stepped in, to use their influence in preventing an outbreak of hostilities. Identic notes were despatched from London, Paris, European and St. Petersburg, to Berlin, Vienna, Florence, and 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 Reform of the German Constitution. 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 increase 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 endeavours to have failed. Austria now took a Austria places the hands question in decided step. 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 She placed the solution of the any CHAP. 1864-66. Prussian Holstein. step affecting the Duchies without previous concert. Both Powers, further, had always denied the right of 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 proclamation 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 through Hanover towards Austria. The Prussian Government immediately appointed a Civil Governor for Holstein, and took the direction of affairs entirely into their own hands. requests tion of Army. Austria complained to the Diet that Prusssia had Austria hereby violated the Federal Act (Bundes Act), and mobilizarequested the mobilization of the several Federal Federal Army Corps, and the appointment of a Federal Commander-in-chief. It is hard to see in what manner Prussia had violated the Bundes 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 IV. 1864-66. CHAP. 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 Convention. 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 Confederation 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 resolutions 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 Act, and of Articles LIV. and LXIII. of the Final CHAP. Act of Vienna. IV. 1864-66. Diet accede demands. drawal of represen a new Con stitution. But these reasons had no weight with the Diet, who decided by nine votes to six, on June 14, 1866, to Austrian to accede to the demands of Austria. The Prussian Withrepresentative, 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 new Confederation, from which Austria and Luxemburg 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. CHAP. IV. 1864-66. Dissolution of the Diet. a shot had been fired the ground was being prepared for the new and more vigorous plant which was to replace the decayed tree which had so long cumbered the earth. The Diet protracted its sittings for a short time 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 something 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 |