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V.

1866-71.

Prussian acquisitions

CHAP. by 4,815,000. The acquisition of Hanover, Electoral Hesse, Nassau, and Frankfort was claimed by Prussia by right of conquest. Prussia had declared on June 14, 1866, that she considered the Confederation 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 countries. 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 Holstein and Slesvig, with the condition, that the populations 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

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Meeting of

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they agreed to maintain inviolate the independence CHAP. 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 plenipoElectoral Law of 1849 promulgated by the Frankfort discuss new Parliament; and plenipotentiaries from each of the tion. 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 accomplish. The Constitution was to be submitted to the Parliament on its assembling.

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The Electoral Law1 was accepted without much difficulty by the Assemblies of the different States, as it was seen that Parliament must be called together 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, 1867. As a German writer remarks, ment. 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 1866, which very closely resembled that of the Frankfort Parliament.

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of whom 193 were to be elected by the old provinces of Prussia, 43 by the new ones, including 1866-71. Lauenburg, and 61 by the other North German Meeting of States. On February 14, 1867, this first constituent

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parliament (Reichstag) 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 Parties in Progressist Party), and the National Liberal Partei (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 naturally succeed unity.

Acceptation of new Constitution.

The Reichstag at once proceeded to discuss in a full house the draft Constitution which was laid 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 not then wasted

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in those fruitless and abstract discussions which CHAP. 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 Reichstag, 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 Representative 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 which had been introduced into Germany cannot be overrated. From an ill-assorted, weak Confederation of States (Staatenbund) had arisen a compact and powerful Federative State (Bundes-staat). The impotent and unpopular Diet had been succeeded by a Parliament chosen from and by the people, exercising 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

CHAP.

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1866-71.

The South German States.

between Austria and Prussia, and the evils consequent thereon, had been removed. The Middle States, those persistent enemies of all reforms, beneficent 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.

To turn to the South German States. An article in the '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 defensive 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 Confederation. 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

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