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of our countrymen, and it is possible some Art, IX. THE RECONSTRUCTION OF GER-
active measures may ere long be proposed
for setting at rest their apprehensions on
this score. Precautions, political and mili- 1. Einleitung in das deutsche Staatsrecht
tary, may be adopted. Alliances with Aff- mit besonderer Berücksichtigung der Kri-
ghans, Khorhasānees, Oosbegs, Turcomans, sis des Jahres 1866, und der Gründung
and Tartars may be formed. Forts may des Norddeutschen Bundes. Von Dr.
be thrown up, and lines of communication HERMANN SCHULZE. Leipzig, 1867.
may be opened out. Each and all of these 2. Das Staatsarchiv. Sammlung der offi-
expedients may prove excellent aids to the ciellen Actenstücke zur Geschichte der
efforts which we may reckon on our soldiers Gegenwart. Herausgegeben von LUD-
to make in defence of British territory.

But we must not shut our eyes to the Hamburg
truth, that, after all, the bravery of our 3. Preussen's Deutsche Politik. Von A,
troops or the goodness of our strategy SCHMIDT. Leipzig, 1867.
would avail us little if, in addition to facing
an enemy from without, we had to keep at SCARCELY three years have elapsed since
bay a rebellious population of many mil- the “Seven Days War," as it has been
lions in rear.

somewhat sensationally christened, was virIndia can best be defended by enlisting tually concluded by the battle of Sadowa. on our side the interests and sympathies of We are still standing too much in the light, its people. That we have as yet very im- or the shadow, according as we view it, of perfectly attained this result is apparent to that great event, accurately to gauge its any Englishman who has had opportunity proportions in regard to the past, or to and inclination to ascertain the sentiments conjecture otherwise than hesitatingly as of his fellow-subjects in the East. Let us to its influence upon the future. It will trust that from this time forward our ad- not be labour lost, however, to estimate ministration of India may be rendered more the political changes actually effected by adapted to convince its inhabitants that their the war of 1866, and to examine more welfare is bound up with that of England. curiously than has yet been done what were Let a fair share of the offices and honours the institutions destroyed upon the battleof the State be allotted to the people who fields of Bohemia, what were the causes of furnish its revenues. Let the condition of their so suddenly collapsing, and what is these people be made better and happier in the nature of the political edifice in the every possible way.

course of construction upon the ruins of To effect this end many means are open the former fabric. to us. Let us begin by making use of From the first dawn of her history, Gerthose which are at once simple and effica- many has occupied an abnormal and excious, which shall cheapen the food and in- ceptional position amongst her neighbours. crease the comfort of all classes alike: let Elsewhere the members of the European us make roads, canals, and wayside rest- family have settled down into independent houses. In India more than in any country, sovereignties, in which the international and are these works highly valued. In addition political spheres have exactly coincided. In to being useful, they are vested in the eyes Germany, and Switzerland - the German of the inhabitants with a sacred regard. microcosm, these spheres have failed to The man who constructs them is considered coincide, the international units having in to have established a claim to eternal hap- some form or other come to be made up piness. The duty of providing them is in- of separate, though more or less interdeculcated by every religion in the land. pendent, political units.

In fulfilling this duty England will carry The ultimate causes of this dissimilarity with her the good wishes of every creed of of development are of a nature too organic Hindustan--of Brahman and of Buddhist to be discussed here. Nothing short of a of the followers of Mohammed, Govind scientific inquiry into the political physiGürü, and Zoroaster.

ology of the Teutonic race would suffice to explain why one fraction of the monarchy of Charlemagne culminated in the “ l'État c'est moi” of Louis xiv., and another in the monstrum informe" of the Empire,*

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* “Germaniam esse irregulare aliquod corpus, cujus simile puto in toto terrarum orbe non exstat, quod lapsu temporum, e regno regulari in tam male concinnatam formam est provoluţum, ut neque regsession of Hanover.

as constituted by the treaties of West- national tendency was nowhere so strongly phalia. It must suffice for us to note that exhibited as in Germany, and that, strangely the work of German consolidation rests enough, at the very moment when, by a upon a basis altogether different from that gigantic effort, the national genius had in of mere nationality. It was as a kingdom, the realms of philosophy and literature trii, e., under the form especially consecrated umphantly emancipated itself from the for by the Teutonic races to express their no eign yoke to which for generations it had tion of the State,—that Germany began her bowed, and founded a national empire, the political career. The idea of national unity denizens of which, bound by the links of thus rooted in the concrete relations of an an ideal citizenship, were from thenceforth historical past, though dimmed, was never secure alike against the dangers of foreign extinguished, by the lustre of the Roman aggression and of internal disruption. Far

, diadem, with its anti-national claim to uni- however, from calling forth an echo in the versal dominion, and has at no time ceased political world, this intellectual revival ig. to influence her political development. It nored the very existence of such a world. is with her efforts to recover this unity after The systematic stamping out of all political it had been disintegrated that we are con- life in their respective territories by the cerned, and we must therefore leave to oth- rulers whom the treaties of Westphalia had ers the task of accounting for the structural made into despots without making into sove malformation, if so we may term it, of the reigns, had restricted the class of profes. German Kingdom, as it lay embedded in sional politicians to diplomatists and legists, the folds of the Imperial purple.

and it thus came to pass that those mighty It is clear that only one of two forces seers who moulded the intellect and trained could have stopped the process of disinte- the heart of the generation destined to fight gration inaugurated by the treaties of West- the Napoleonic wars, and to assist at the phalia' and consummated by the treaty of consequent reconstruction of Europe, lived, Prague; either a movement proceeding from moved, and had their being in regions altobelow, and urging the nation to assert its gether removed from the world of political right to national representation and to sub- reality with which their disciples were to stitute a living organism for the diplomatic be brought into such rude contact, and de petrifactions of the Diet, or one proceeding spised that world in proportion to their from above, and leading the Crown to re- ignorance of it. Like the Birds of Aristopossess itself of the sovereign prerogatives phanes, they seemed intent upon founding delegated to the territories. Neither of an empire in mid air, nigh to the gods, from these forces, however, was at work in the which they could look down with ironical European convulsion which broke up the compassion upon the vexed citizens of the Empire.

Agora and the Dikastery. The Revolution of 1789 not only was If we turn from the nation to the two not a national movement, but was in its great rivals who alone could have attempted essence anti-national and cosmopolitan. The by an effort from above to restore the monabstract rights of man, not the concrete re-archical unity of Germany, we see that ideas lations of Frenchmen, or Germans, or Ital of this kind were wholly outside the sphere ians, had to be ascertained, and, when ascer- of political combinations both at Vienna and tained, to be asserted; the position of the Berlin. It is true that the one ruling poindividual in the humam family, not the litical passion of the day was territorial position of the race in the international aggrandizement, but it was aggrandizement family, was what had to be determined. of the piecemeal kind, not based upon

the Individual freedom, the substitution of equal idea of concentrating the national forces citizenship for the multiform hierarchies of and adding to the national power, but, on feudalism, universal brotherhood, were the the contrary, upon the idea of increasing ideas upon which were concentrated the the dynastic power of the reigning House

, thoughts of the few, and which kindled the the “Haus Macht” of German political passions of the many, at the close of the phraseology, not only irrespectively of, but, fast and during the early years of the pres- as the partition of Poland proved, in direct ent century. This cosmopolitan and anti- opposition to, the national interests.

The real policy of the two Courts comes num etiam limitatum amplius sit, neque exacte cor

out in its true colours in the efforts made pus aliquod aut systema plurium civitatum fædere by Austria, all through the early years

of nexarum, sed potius aliquid inter hæc duo velut | the first coalition against France, to secure interjectum et fluctuans." --- SAMUEL PUFFENDORF. Bavaria in exchange for the Low Countries

, The political monstrosity of the Holy Roman Empire is nowhere done more ample justice to than in and, later on, by Prussia to secure the posthis short sentence.

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Between the policy of a Thugut and that towards unity, and specifically, against any of a Haugwitz there is nothing to choose. attempt on the part of Austria or Prussia, The modern standard of political morality, either in the name of the nation or on their which unhesitatingly condemns mere dy- own account, to extend themselves terri. nastic aggrandizement, has long since pass torially at the expense of the confederates. ed its verdict upon both.

The contract entered into with France was, It was amidst this profound indifference that French bayonets should assist the conon the part of the nation and its rulers in federates against their own subjects, and regard to the ancient kingdom of Henry that confederate bayonets should assist the the Fowler, that the Diet sitting at Regens- French Emperor in his plans against the burg learnt first from the newspapers, and rest of Germany. afterwards, in a more formal and official The Confederation of the Rhine, as at manner, from the French chargé d'affaires, first constituted, still left several of the that the Holy Roman Empire had ceased smaller States of Northern Germany unto exist, and that eighteen of its princes provided with any political centre, and it had constituted themselves into a separate clearly became the policy of Prussia to confederation under the protection of the endeavour to bring these States into union French Cæsar.

with herself, and thus to counterbalance The history of the Confederation of the the union formed under French protection. Rhine is not a pleasant one to dwell upon. We consequently find, that during the in

That an individual here and there should terval between the dissolution of the Emhave been found ready to betray his coun- pire and the renewal of hostilities between try, and to compound with the conqueror France and Prussia, negotiations were acat the expense of his own flesh and blood, tively carried on by the latter with Saxony was no more than what might have been ex- and Hesse-Cassel, for the purpose of foundpected. Taking humanity all round, one Is- ing a confederacy under the title of an Emcariot out of twelve apostles is perhaps no pire of Northern Germany. The selfish unfair average ;

but that an entire class, and unpatriotic conduct of the Saxon and like that of the smaller vassals of the Em- Hessian Cabinets, who hoped to get more pire, should have been found vying with out of Napoleon-than out of Prussia, fruseach other in every art of sycophancy and trated the scheme. intrigue, in order to obtain from a French The details of this negotiation, which, Emperor a maximum of German booty, with the draft constitution of the proposed was a phenomenon without many preced- confederation, have only lately come to ents in history.

light,* are interesting, as showing that for This disgraceful origin of the title-deeds a long time past the idea of a Northern by which, in a majority of cases, the new Confederation under the sole management sovereign dignity has come to be held, of Prussia has lived amongst the traditions should not be lost sight of when we con- of the Berlin Foreign Office. An addisider the state of the score between the tional interest, moreover, attaches to them, German nation and its rulers.

from the fact they disclose that the idea of How impotent the newly-created sove- a North German empire appears to have reigns were to keep their crowns upon their been first suggested to Prussia by Napoheads alone and unaided, was made suffi- leon, as far back as 1804, and that the origiciently manifest by the promulgation of the nal idee Napoléonienne with reference to the Act of the Rhine Confederacy simultaneous- reconstitution of Germany, was a triad forly with their assumption of sovereignty. It mation, in which Prussia should have been is true that the new Federal constitution made powerful enough to be evenly pitted never came into active operation, as the against Austria, and a third body under the will of the French Emperor supplied all direct influence of France should have held that was necessary in the way of internal both in check. That for generations this security and external policy ; but the ideas has been, mutatis mutandis, the policy of underlying the Confederation are palpable France in regard to Germany, and that it enough. Viewed in regard to its internal has not yet ceased to be her policy, need functions, the Confederation was a mutual not here be dwelt upon. insurance society, securing the confederates By the year 1806, Napoleon had enlarged in the possession of their spoils, and guar- the sphere of his ideas, and the battle of anteeing each in the full exercise of his Jena laid Prussia prostrate in the dust. newly acquired absolute rights over his The history of Prussia between the peace

Viewed from without, it was an offensive and defensive alliance, * Consult Adolph Schmidt's Preussen's Deutsche generally, against any national aspirations Politik. Leipzig, 1867.

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of Tilsit and the battle of Leipzig is the bore stamped upon it a national German turning-point in the history of Germany. character. For the first time in her hisFor many preceding generations the stage tory, Prussia, consciously and ex preposito

, had been exclusively occupied by rival dy- plunged into a war of the very first mag. nasties or rival religions, - by emperors, nitude, and in which she staked her very kings, theologians, statesmen, generals, dip- existence, not with a specific Prussian, but lomatists. Now, for the first time, we per- with the largest and most comprehensive ceive the distinct outlines of a people, i.e., national objects in view. As matters then using the term in a sense analogous to that stood there was a large field open for diploof the old Roman word populus-a politi- macy of the Haugwitz kind, and by a suffical community endowed with an organic cient display of force combined with a polife and a strongly-marked individuality of litic reserve and a spirit of accommodation, its own, and with a consciousness of its col- Prussia might probably, without drawing lective existence pervading all the indivi- the sword, have not only rid her soil of duals who composed it. For those who the presence of French troops, but have had eyes to see, Germany had now at length, made territorial acquisitions of no mean after her thousand years of national exis- kind. But this was not the temper in tence, given birth to a State, as something which the Prussian people took up arms different in kind from a race, or a territory, and dictated the conduct of the war. It or an agglomeration of parishes, or a mer- was to liberate not Prussia only, but Gercantile alliance, or a school of philosophy, many, and not to liberate Germany only, or a gymnastic society, or a choral club; but to regenerate her, and set her up free a respublica, or commonwealth, the raison and united upon a pinnacle of glory such d'être of whose existence is the public or as she had never before attained that beardcollective well-being as a concrete entity to less boys and white-haired men enlisted in be laboured for with the hands, and not a the Landwehr--that brides despoiled themmere abstract Fatherland to be dreamt selves of their ornaments, and matrons conabout, had, by the incisive operation of tributed their wedding-rings. The spirit foreign conquest, been plucked alive, though that stirred and animated and inspired was mutilated, out of the loins of the dead Em- a German spirit, but the body that was pire.

stirred and animated was a Prussian body. We have no space to describe the mar- For let us not forget that what is usually vellous process of regeneration by which, termed the German War of Liberation was during the dark period of Prussia's deepest essentially a Prussian war for the liberation humiliation, the nation of mercenaries and of Germany. It is true that when, by the serfs, who had looked on with cynical in- most stupendous efforts ever made by a difference at the catastrophe of Jena, be people, Prussia had in the early months of came transmuted into a nation of citizens 1813 placed her formidable army on foot,* burning with patriotic fire, and able by a individual Germans from all parts of Ger. spontaneous effort to organize themselves many flocked to her standard, but it was into those terrible battalions who fought at her organization that gave consistence and the Katzbach, at Grossbeeren, at Dence- direction to these isolated efforts. It was witz, and at Leipzig. Still less can we round her battalions that the German Free tracé the predisposing causes and the ante- Corps rallied. On the other hand, in those cedent Hohenzollern education which had early months, and even up to the battle of rendered it possible for the soldiers who Leipzig, the non-Prussian States of Ger had fought for pay, and the tillers who had many, and that honourable corporation, the tilled that others might reap, to be thus in Confederation of the Rhine, were, with few a few short years transformed.

exceptions, fighting in the ranks of the It is however important for the purposes enemy, and it was in many cases Würtemof this essay accurately to note the politi- | burg, or Saxon, or Hessian veterans that cal effect, in regard to Germany, of the most obstinately contested the day with Prussian levée de bouchers, and all that it the raw levies of the Prussian Landwehr. implied.

When Austria at last joined in the fray, When, in January 1813, the Provincial States of Eastern Prussia, without autho

* By the month of May 1813, i.e., in four months, rity from the King, and at the risk of his Prussia, then numbering five millions of inhabitants, displeasure, boldly set to work to organize had added 95,000 men to the 46,000 men of line the “people’s” war against the still por- regiments allowed her by Napoleon, and had called tentous power of Napoleon, they inaugu- up an additional 10,000 men; together, 271,000 men rated a movement which, from first to last, under arms, or one man in 'eighteen of the popula. and during every phase of its development, tion.

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she did so slowly, circumspectly, and after either by German patriots 'or Prussian
long previous negotiation with Napoleon, statesmen. At many an important crisis
who was too blind and too obstinate to the former have acted as if Germany could
avail himself of the golden bridge which do without Prussia, and the latter as if
his father-in-law was anxious to build for Prussia could do without Germany.
him. The patriotic enthusiasm which in The part which Prussia was called upon
the year 1809 had animated many of the to play at the great settlement for which
Austrian provinces, had died out with the the Vienna Congress was convened was
retirement of Count Stadion, and the cold, plainly marked out for her. She had in an
polished, caleulating courtier who succeeded assembly of princes to vindicate the rights
him was not the man, even in the worst ex- of a people. How lamentably she failed
tremities, to invoke the alliance, or even to in this task, how meagre was her conception
tolerate the companionship, of popular or of it, how she allowed herself to be driven,
national elements. A war entered into by almost without resistance, from one ad-
Metternich against Napoleon, probably the vanced position after another, and how at the
only man for whom he ever felt a sincere last she accepted tel quel the Austrian draft
respect, not to say an affectionate regard, of constitution for the new German Confede-
was certain not to be other than a political ration, are matters of history.
war, entered into for political objects.

But in thus condemning the action of The German question was not destined Prussia at Vienna, the difficulties of the to be simplified by the single-handed suc- task assigned to her should not be undercess of Prussia. Great as were the efforts rated. The European “climate of opinion," made by her, they were not sufficient, even to borrow a phrase from an old writer, was with the assistance of Russia, to effect the in the year 1814 absolutely hostile to any desired object. The gain of one more bat. great organic reconstructions. The masses tle would have perhaps sufficed, but at Lüt- yearned for rest, the upper classes for zen the French arms were once more victo amusement. For the better part of an rious, and the co-operation of Austria be entire generation, good society on the Concame a matter of vital importance. Thus tinent had fasted from all its accustomed the work of German liberation, not taking pleasures. The terrible eårnestness of the foreign allies into account, came to be effectimes had weighed upon all classes, and ted by the co-operation of two forces—the long arrears on the score of enjoyment had national power of Germany acting through to be made up. The fall of Napoleon gave the brain, the heart, and the hands of Prus- the signal for the splendid orgies of the sia, and the political power of the House of Vienna Congress.* Never had business ou Austria.

such transcendental importance been transIt was clear that this new distribution of acted by men in such a carnival humour. parts could not but leave its mark upon Even at the present day we cannot read the the history of Germany, and that a new driest records of the work actually done element had been imported into the Ger- without catching an echo of the festive man question. The fact had become patent sounds amidst which each detail was elaboto all that a German people had crystallized rated. There is not a paragraph in the Act into a State of first-rate magnitude, con- of Congress, not a protocol of its sittings, scious of its German mission, and that for which a corresponding masquerade, or henceforth the work of German unity would carrousel, or sledging-party, each outdoing have to take this fact, whether welcome or the splendour of the last, could not be not, into account. In a word, the question found. of the hegemony of Germany had ceased It was the régime of the “ Man of the to be a question as between two rival dy- World” that had succeeded to the régime nasties, and had become one as between a of the "Man of the Sword.” For some dynasty whose power was mainly based on

two decades the latter had in the mere non-German elements, and a consolidated wantonness of conquest warred for the sake German State whose interests were so in- of warring; at last an entire people turned terwoven with those of the rest of Ger- to bay, and closing with the professional many, that, like the much-quoted Siamese conqueror threw him. Whilst still twins, nothing could affect the one for good "Dry with rage and extreme toil, or evil without in an equal degree affecting Breathless and faint, and leaning on their the other. Unfortunately these new condi- sword.” tions, which force themselves irresistibly

* It is calculated that three millions sterling were upon the conviction of any impartial stu

spent by the Austrian Court alone iti the feasts given dent of the history of that time, were not to the Allied Sovereigns, and this immediately after realized as quickly as they might have been a State bankruptcy, and at a time when famine raged

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