VI. 1867. 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 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. Central the several States. Every State was in reality a State with incomplete Relation of sovereign rights, Prussia not excepted, and preserved Power to its autonomy merely in matters of internal legislation. 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 security 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 preventing this, but the clause was thrown out by the Reichstag. Each subject of every State had perfect freedom Rights of of migration and of settlement. In whatever Federal the subject. CHAP. VI. 1867. 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 commercial 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 association, of petitioning; freedom of the press; equality of all religious sects; permission to employers of labour as well as to the workmen themselves to combine 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 newly-acquired rights the one which was most appreciated 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. CHAP. VI. 1867. the Consti The Charter of the new German Constitution con- Charter of sisted of seventy-nine articles and of fifteen sections, tution. which treated of the following subjects:-1. Federal territory; 2. Federal legislation; 3. Federal Council; 4. Federal Presidency; 5. Reichstag; 6. Customs and commercial system; 7. Railways; 8. Posts and telegraphs; 9. Navy and navigation laws; 10. Consular Service; 11. Federal military system; 12. Federal finance: 13. Settlement of CHAP. 1867. Right of legislate. differences between States, and code of punishment; 14. General review; 15. Relations to the South German States. The Central Power (Bundes-Gewalt) consisted of three factors: the Presidency (Bundes-Präsidium), the Federal Council (Bundes-Rath), and the Federal Parliament (Reichstag). The Central Power had an exclusive right of Power to legislation in-1. Reform 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 Presidency of the Con federation. The Presidency of the Confederation (BundesPräsidium) was vested in the Crown of Prussia. The King of Prussia was Commander-in-Chief of the Army and of the Navy. He possessed a limited veto in legislative questions. He could 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 Chancellor, or through one of the Prussian representatives 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 Reichstag 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 Reichstag. 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 speak, 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 Reichstag was in his hands. He was the representative of the Confede CHAP. VI. 1867. |