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within the geographical limits assigned to it, ment have owed their origin to the mutual all the expectations of those who had looked friction of these two forces; and if at the to a National Parliament as the only effec- present day we inquire into the causes of the tive remedy for the political evils of terri- comparative slowness with which the work torial dismemberment. It represented fairly of consolidation progresses, we cannot fail to and truthfully the "climate of opinion” prev- see that amongst the weightiest is the analent in the north of Germany as distinct tagonism produced by the exclusiveness with from the local temperature prevalent in the which the one and the other principle is several States.

clung to by its respective votaries. Instead With scarcely any exception, every man of being worshipped together at the same of political mark, of whatever party, found shrine, the two idols have been set up bea seat within its walls. The Liberal ele- hind separate altars, and the priests who ments, as was to be expected, largely pre- ought to form part of one holy brotherhood ponderated, but, on the other hand, the Con- revile each other as if they were the minisservative elements of all shades, from the ters of rival religions. feudalist reactionary to the liberal-conserva- Though the two forms of worship may tive, were represented in a truer ratio to be found side by side in every part of Gertheir real power than they had been in the many, the one predominates in the North, Prussian Chamber of Deputies.

the other in the South. The Northerner The Liberal majority of this Constituent taunts the Southerner with his parochialism, Assembly (and the National Parliament his incapacity to seize any idea but that of subsequently elected for the ordinary busi- cantonal independence, his unwillingness to ness of legislation bears all the essential fea- make any sacrifice for the national cause or tures of its predecessor) was divided into the common good. In language yet more two great sections, between whom there ex- bitter, the Southerner reviles the Northerner isted far less cordiality and far more acri- for his Cæsarism, his blind lust for power, mony than appears to us, as bystanders, and his readiness to sacrifice civil and politijustifiable, when we consider how identical in cal liberty to the vainglorious desire of the main are the objects of both. We have establishing a military colossus that shall noticed elsewhere that the two ideas for the dictate its laws to Europe. The North Gerrealization of which the German nation has man Constitution, says the Suabian, can be not ceased since the War of Liberation to summed up in three paragraphs :

" Hold strive, are unity and freedom-Einheit und your tongue; Pay taxes; Be a soldier.” Freiheit. It was with this double that The two sections of the Liberal party in the Prussian legions drove their adversaries the North German Parliament, known by into the swollen waters of the Katzbach. It the names of the National Liberals and the was in these two directions that the efforts party of Progress, respectively correspond of the Prussian negotiators at the Congress to these two classes of worshippers. Both of Vienna were defeated. It was in the at- hold the cardinal points of the modern tempt simultaneously to solve these two | Liberal creed, but the formula of the former problems that the Frankfort Parliament may be said to be, "Take care of Unity, came to its untimely end. Now, though and Liberty will take care of herself;” that there most assuredly exists no essential in- of the latter, " Take care of Liberty, and compatibilty between these two objects, but Unity will take care of itself.” Both accept the reverse, inasmuch as, taking the genius the events of 1868 as faits accomplis, but of the Teutonic race into account, it is diffi- the party of Progress do so without having cult to conceive of the permanent establish- shaken off the effects of the antecedent strugment of the one without the other, yet it is gle, and with the bitterness of that struggle not less true that during a period of more still in their hearts. The National Liberals or less revolutionary transition, a passionate accept the new dispensation in a glad and and one-sided striving for the one object hopeful spirit, and feel like men who have necessarily calls into life forces which act in their feet on the first round of the ladder, a direction adverse to the other. The vigor- and to whom scaling the remaining rounds ous concentration of power into one hand is a comparatively easy task. The former for the purposes of unity operates pro tanto pride themselves on being logical, the latter against the simultaneous assertion of the on having acquired political wisdom. rights of individual and local liberty, Head- The scheme presented by the allied Golong enthusiasm in the cause of the latter vernments to the constituent Parliament acts in a proportionate degree against the satisfied neither the National Liberals nor concentration and centralization of power. the party of Progress. The Prussian Con

Hence most of the catastrophes which have servatives were naturally in their hearts occurred in the crisis of German develop- | averse to it, inasmuch as it consecrated many

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VOL. L.

The whole edifice of reconstruction, say remained, so far as the formation of a some, bears upon it the impress of external Southern Confederation is concerned, a dead influence. When Prussia drew the sword, letter. she nailed to her colours the national pro

The reconstructed Germany, therefore, gramme, viz., the Unification of non-Aus. from which Austria is excluded, consists of trian Germany on the basis of a National | the North German Confederation, of three Parliament. When she sheathed it, after independent States--Bavaria, Würtemberg, successes which outdid the expectations of and Baden, - and of the Grand-Duchy of the most sanguine, she forced upon the Ger- Hesse: geographically and politically, half man nation the programme of the French in and half out of the North German Ünion; Cæsar : territorial aggrandizement of Prus- militarily, wholly in it. sia in the north, union and independence of By means of the national apparatus of the States of the south. Whatever the the Customs ” Parliament, these disjuncta nature of the engagements taken at Paris, membra constitute a legislative unit for cerof which the Emperor's letter was the tain specific purposes connected with the official registration before Europe, the river levying and distribution of customs' duties, Main must have figured in them, and have and of certain excise taxes. thus acquired its talismanic virtues. With By the action of the international appaher own people Prussia broke faith, with ratus of the treaties of offence and defence, her Gallic neighbour she was true to her they consolidate themselves during war into word.

a military unit under the supreme command The idea underlying the arrangements of of the Crown of Prussia. 1866, say others, was to create a provision- We must devote our remaining space to al state of things, which should lead to a an examination of the North German Conunion of Germany by an easier process of stitution. transition than so radical a measure as im- At the conference to which Prussia on the mediate unification. The more arbitrary the 18th of January 1867 submitted her draft provisional settlement, the greater the mo- of Constitution for the North German Conmentary discomfort, the more vigorous will federation, twenty-two Sovereign States were be the efforts made to attain to a definite set- represented, the collective population of tlement, the quicker will be the process of which amounted in round numbers to thirty voluntary adhesion to the North German millions. Of these thirty millions, Prussia Confederation, which is the object of Prus- with her newly acquired provinces contrisian policy. To the Hessians has been as- buted twenty-four, the remaining twenty-one signed the task of supplying the argument States making up six millions. This disproof the reductio ad absurdum. Like those portion between the relative importance of dumb victims of science, whose sufferings, the allied States gave rise to the bitter jest caused by an arbitrary interference with current in Germany, which describes the the laws of life, furnish physiologists with North German Confederation as a treaty of their most effective arguments for the vin- alliance between a dog and its fleas. That in dication of those laws, they are called upon such an Assembly the old Hungarian conto exhibit the evils which fow from a wilful stitutional maxim “ Vota ponderantur non disregard of the vital principle of German numerantur," should have prevailed was na: consolidation.

tural, and thus in the protocol of the final Others again maintain that these two conference we see recorded how one Plenisolutions are not only not incompatible, but potentiary after another lifted up his voice

, that they complement each other. For and said that although his Government enterPrussia to fight her duel with Austria, and tained serious objections to one or the other to obtain the antecedent conditions neces- feature of the Prussian scheme, still the sary for the national reconstruction of Ger- Prussian declaration that the points objected many, it was necessary to obtain the neu- to were essential rendered it incumbent upon trality of the bystanders. This was done him to waive those objections, and accept as regards France by the engagements in the scheme as proposed by Prussia. question; but the letter only, and not the The scheme agreed to by the twenty-two spirit, of those engagements has been ad- allied Governments was submitted by them hered to, and everything has been so ar- to a Parliament elected according to the ranged, that whilst the attitude of Prussia provisions of the Frankfort Constitution of shall appear that of a religious observance 1849,-i.e., universal suffrage, secret voting, of her engagements, it shall be the Southern and á division of the entire population of States that sue for a change of programme. the twenty-two States into equal electoral

The provisions of the treaty of Prague, districts. as we need hardly remind our readers, have The Assembly thus called into life fulfilled,

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within the geographical limits assigned to it, ment have owed their origin to the mutual all the expectations of those who had looked friction of these two forces; and if at the to a National Parliament as the only effec- present day we inquire into the causes of the tive remedy for the political evils of terri- comparative slowness with which the work torial dismemberment. It represented fairly of consolidation progresses, we cannot fail to and truthfully the "climate of opinion” prev- see that amongst the weightiest is the analent in the north of Germany as distinct tagonism produced by the exclusiveness with from the local temperature prevalent in the which the one and the other principle is several States.

clung to by its respective votaries. Instead With scarcely any exception, every man of being worshipped together at the same of political mark, of whatever party, found shrine, the two idols have been set up bea seat within its walls. The Liberal ele- hind separate altars, and the priests who ments, as was to be expected, largely pre- ought to form part of one holy brotherhood ponderated, but, on the other hand, the Con- revile each other as if they were the minisservative elements of all shades, from the ters of rival religions. feudalist reactionary to the liberal-conserva- Though the two forms of worship may tive, were represented in a truer ratio to be found side by side in every part of Gertheir real power than they had been in the many, the one predominates in the North, Prussian Chamber of Deputies.

the other in the South, The Northerner The Liberal majority of this Constituent taunts the Southerner with his parochialism, Assembly (and the National Parliament his incapacity to seize any idea but that of subsequently elected for the ordinary busi- cantonal independence, his unwillingness to ness of legislation bears all the essential fea- make any sacrifice for the national cause or tures of its predecessor) was divided into the common good. In language yet more 'two great sections, between whom there ex- bitter, the Southerner reviles the Northerner isted far less cordiality and far more acri- for his Cæsarism, his blind lust for power, mony than appears to us, as bystanders, and his readiness to sacrifice civil and politijustifiable, when we consider how identical in cal liberty to the vainglorious desire of the main are the objects of both. We have establishing a military colossus that shall noticed elsewhere that the two ideas for the dictate its laws to Europe. The North Gerrealization of which the German nation has man Constitution, says the Suabian, can be not ceased since the War of Liberation to summed up in three paragraphs :

“ Hold strive, are unity and freedom-Einheit und your tongue; Pay taxes ; Be a soldier.” Freiheit. It was with this double cry that The two sections of the Liberal party in the Prussian legions drove their adversaries the North German Parliament, known by into the swollen waters of the Katzbach. It the names of the National Liberals and the was in these two directions that the efforts party of Progress, respectively correspond of the Prussian negotiators at the Congress to these two classes of worshippers. Both of Vienna were defeated. It was in the at- hold the cardinal points of the modern tempt simultaneously to solve these two Liberal creed, but the formula of the former problems that the Frankfort Parliament may be said to be, “Take care of Unity, came to its untimely end. Now, though and Liberty will take care of herself;” that there most assuredly exists no essential in- of the latter, “ Take care of Liberty, and compatibilty between these two objects, but Unity will take care of itself.” Both accept the reverse, inasmuch as, taking the genius the events of 1868 as faits accomplis, but of the Teutonic race into account, it is diffi- the party of Progress do so without having cult to conceive of the permanent establish- shaken off the effects of the antecedent strugment of the one without the other, yet it is gle, and with the bitterness of that struggle not less true that during a period of more still in their hearts. The National Liberals or less revolutionary transition, a passionate accept the new dispensation in a glad and and one-sided striving for the one object hopeful spirit, and feel like men who have necessarily calls into life forces which act in their feet on the first round of the ladder, a direction adverse to the other. The vigor- and to whom scaling the remaining rounds ous concentration of power into one hand is a comparatively easy task. The former for the purposes of unity operates pro tanto pride themselves on being logical, the latter against the simultaneous assertion of the on having acquired political wisdom. rights of individual and local liberty. Head- The scheme presented by the allied Golong enthusiasm in the cause of the latter vernments to the constituent Parliament acts in a proportionate degree against the satisfied neither the National Liberals nor concentration and centralization of power. the party of Progress. The Prussian Con

Hence most of the catastrophes which have servatives were naturally in their hearts occurred in the crisis of German develop. I averse to it, inasmuch as it consecrated many VOL. L.

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of the principles 'to which they were the

The National Parliament presents no diffimost hostile; but as they constituted the culty. It is taken bodily out of the ConGovernment party, and had given M. de stitution of 1849, and may therefore be conBismarck carte blanche in regard to his Ger- sidered as the contribution of the professors man policy, they were bound to accept and and the nation to the new edifice. Its funcsupport it. The Particularists of the non- tions are legislative, their sphere being Prussian States of every shade were against limited by the subjects designated in the it.

Constitution as falling within the competence It was under this Parliamentary con- of Federal legislation, viz., army, navy, stellation that the attitude of the National mercantile navy, consular representation, Liberals decided the fate of the scheme in a customs, excise taxes on tobacco, salt, and manner favourable to the wishes of its pro- sugar, posts, telegraphs, weights and measmoter. From the first, M. de Bismarck ures, currency, banking, patents

, railways, knew that they would submit to almost any navigation of rivers, canals, high roads, laws conditions rather than that a common Con- for civil and criminal procedure, laws restitution for North Germany, of one kind specting domicile, settlement, aud a common or another, should not come into life, and North German denizenship, passports, laws this enabled him on all critical occasions to regulating the exercise of trades, taxes to be to use the argument of the Non possumus imposed for Federal purposes, loans for with the same effect with which he had used Federal purposes. That bona fide rights of it in the conferences of the allied Govern- legislature on so vast a field as the above ments. The words once out of his mouth, necessarily invest the body enjoying those the National Liberals voted with the Govern rights with considerable political power, is ment party, and secured a majority. On self-evident. There is, indeed, no political the other hand, in regard to such concessions question of any importance which cannot be as he showed a readiness to make, the Na- directly or indirectly brought before the tional Liberals, joining with the party of forum of the National Parliament, and which Progress, obtained a majority over the Con- would not be profoundly affected by the verservative supporters of the Government. dict it might pass upon it. Nevertheless

, There thus came to be established rela- the representative branch of the North Gertions of peace and amity, though hardly of man Legislature will not be able to assume cordiality, between M. de Bismarck and a really independent political position, or some of the most important elements of the exercise a direct and decisive influence over Liberal party-relations profoundly affect the political destinies of its constituents

, present and future both of the states- until the right of yearly voting the military man and of his new allies, but with which estimates, and that of fixing the numerical we cannot occupy ourselves here.

force of the Federal army, has been firmly Looked at from the standing-ground of established. Whether the year 1871* will those Federal physiologists who had so see this right not only acknowledged in the learnedly analysed the various genera and ory but acted upon in practice, is a question species into which federative bodies must of) upon which we will not venture an opinion. necessity be classed, the North German Con

Independently of this eventuality, howstitution presents a lusus naturæ which it is ever, a great accession of political power not easy to describe.

will accrue to the Parliament whenever the Some introductory notion of it may perhaps be conveyed to the reader if we say

* The most important amendment made by the that it combines the objects of the “Bundes

Cons staat” with such materials as could be saved submitted to it was that affecting the military budget

uent Assembly in the draft of Constitution from the wreck of the Constitution of 1815; and the quota of recruits to be furnished by the or, to convey a more definite idea, if we

Confederate States. According to the proposal as it describe it as an edifice of which the basis originally stood, a quota of one per cent of the and foundation j& national, and the super- under arms, were to be fixed once for all by the

population, and 225 thalers per head for every man structure international.

Organic Statute of the Confederation. The AssenThe organs of the Confederation are only bly, however, made a firm stand on this point, and a two in number, the National Parliament compromise was at last brought about, to the effect (Reichstag) and the Federal Council (Bun- that, until 1871, the above taxes in blood and money desrath), and consequently the outlines of National Parliament was to vote the military estithe structure are simple enough. The diffi- mates both in men and money. Even after 1871, culty consists in obtaining a clear conception however, the payments in both kinds were to continue of the way in which these organs fulfil the until changed by a law. As Prussia can always pre. executive and legislative functions assigned notwithstanding the above provision, she had it in to them.

her

power to prolong the above rates indefinitely.

ing the

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necessity of contracting a Federal loan, or constitutes one of the three branches of the
that of imposing new Federal taxes, shall Legislature; it cannot, moreover, be con-
arise. As regards the latter, the combina-ceived otherwise than in the concrete form
tion of national and international machinery of an individual person. The personality of
which characterizes the new Constitution the President of the United States is as im-
leaves it open to the allied Governments portant a political fact in the American Re-
to put off the day when the right of voting public as that of the Czar of Russia is in
money-bills shall perceptibly increase the the Russian autocracy.
power of the Parliament, for, as the Con- The Presidency of the North German Con-
stitution at present stands, the only national federation is the reverse of all this. Exam-
sources of Federal revenue are derived from ined functionally, it is nothing else than the
the customs and from excise taxes on sugar, chairmanship of an international board, and
salt, and tobacco, and any deficiency which has no functions or attributes distinct from
may arise is made up by the international that board. In the political abstraction en-
expedient of pro rata contributions (matricu- titled the North German Confederation, Prus-
lar beiträge) from the several States. It is sia is the presiding Power (Presidial Macht).
however clear that this expedient is one in the body outwardly and visibly represent-
which cannot last long, and that sooner or ing that abstraction, the Federal Council, the
later fresh Federal taxes will have to be Prussian Plenipotentiary, under the name of
imposed.

Federal Chancellor, takes the chair at the If, turning from the National Parliament, head of the green table round which the we inquire where are the other branches Plenipotentiaries sit, in the same way that of the Legislature, and look for the Execu- the Austrian Plenipotentiary, under the tive, for the Sovereign, and the Ministers name of presiding Plenipotentiary (Presiof the new-born commonwealth, we find dial Gesandter) did at the Frankfort Diet. ourselves face to face with the Federal Coun- He directs the business of the board, and is cil, and our troubles begin. Examined invested with all the attributes which are structurally, the Federal Council is nothing requiste for the transaction of such business; else than the Plenary Assembly of the he is also the organ through which the board Frankfort Diet, with the votes of Austria communicates with other public bodies, and and the Southern States eliminated, and with its mouthpiece in the Parliament, and he has Prussia substituted for Austria as presiding to see to the execution of the Federal laws, Power;* consequently its outward and visi- for which purpose, be it noted, a special ble semblance presents the international department, under the modest title of the features of a Congress of Plenipotentiaries, Federal Chancellor's Office, has been creain which, notwithstanding that the office of ted.* Beyond this, however, he has no presiding at the Congress is permanently distinct and independent position apart from assigned to one of the allied Powers, none the board. Like every other Plenipotenis theoretically before or after another. tiary, he is worth exactly what his vote is

It is of importance to the correct appre- worth. He can, whenever he chooses, vacate ciation of the Constitution we are examining, the chair in favour of a colleague, and the that we should precisely estimate what this work goes on just the same as it did before. right of Presidency is in theory, and what it Henee, though Prussia is the presiding amounts to in practice. As regards the Power, and the Prussian Plenipotentiary theory of the office, we must carefully guard presides at the Federal Council, the King of against confounding the functions of the Pre Prussia is not President of the Confederasidency of the North German Confederation tion; and it is worth remarking that, with wtih those of the President of the United some important exceptions to be later noStates. The latter is the executive head of a sovereign body, and the office he fills ab- # The “ Bundes Kanzlei Amt" consists of a sorbs many of the attributes which, under a

board composed of Räthe or Councillors, presided monarchical form of government, are vested for the immediate use of the Chancellor, the various

over by a President, into whose hands are collected, in the Crown. It is a distinct and indepen- threads of the Federal Administration which cendent factor in the mechanism of the common- tralizes in the seven committees of the “ Federal wealth, and, in virtue of the right of veto, Council,” to be later adverted to. It is divided into

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sections corresponding to those seven departments,

each of which is presided over by a Rath, with a * By an ingenious device, not destitute of a grim staff of subordinate officials, so that what at first sort of humour, Hanover, Electoral Hesse, Holstein, sight appears but a room full of clerks to carry on Nassau, and Frankfort were resuscitated ad hoc, and the business of the Chancellor's Office, assames, on the votes they had held in the Plenary Assembly of closer inspection, the rudimentary outlines of an imthe Diet were consigned to the hands of Prussia, perial State machinery. M. Delbruck, the President who with her own four was this credited with seven- of the Board, is one of the very ablest civil servants teen votes.

in the service of the Prussian Orown.

that

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