and to the North German Confederation being transformed into the German Empire.' A deputation of thirty members of the Reichstag 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 reestablishment 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 Constitution 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 November 15, 1870; and the Treaty between the North German Confederation, Baden and Hesse, on the one side, and Wurtemberg on the other, of November 25, frequently called Emperor of Germany: this is as 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. G CHAP. 1866-71. СНАР. V. 1866-71. 6 1870. A'Project of Law respecting the Constitution of the German Empire,' accompanied by the Draft of a Charter of the Constitution of the German Empire,' was laid before the Reichstag by the Chancellor, 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 develop and extend those principles for which she had so long contended. But the path of German statesmen will not be without many difficulties. A great struggle between the two most powerful adversaries 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? Germany has gained her ideal; has she surrendered nothing for the attainment of it? CHAP. V. 1866-71. CHAP. VI. 1867. The Con stitution of 1867. The 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 Constitution of 1871. THE new Confederation was no longer a Confederation of States (Staatenbund), but a Federative State (Bundes-staat) composed of nineteen monarchies and three republics, Bremen, Lubeck, and Hamburg,under one Central Power. The Central Power consisted— 1. Of the King of Prussia, as head of the Confederation, and Commander-in-Chief of the Federal Forces; 2. Of the Federal Council, consisting of fortythree representatives of twenty-two different States ; 3. Of the Reichstag, a parliament elected by direct votes and universal suffrage. The Confederation could not be dissolved; that is, no State of its own free will could withdraw from it. Obedience to the Central the Confederation and to its decrees and laws was to Scope of Power. 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 particular States, on the other hand, could 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. CHAP. VI. 1867. 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. |