XXVII. 1815. 14. expectation stitutions pre vailed in Germany after the peace. CHAP. by their sovereigns to the German people when the war of liberation broke out, or during its continuance, that they should enjoy representative institutions as the reward of Universal their exertions; but it is undoubtedly true that this was of liberal in- universally understood, and constituted the mainspring of which the astonishing efforts made by the people of Germany at that eventful period. It breathes in every page of the soul-inspiring strains of Körner-the expression, as the finest poetry always is, of the general mind when it was written. It was so universally understood that it did not require to be expressly promised: what is firmly relied on between trusting hearts never does. But the Emperor 1 Proclama- Alexander spoke the language then generally felt alike. nder, let by sovereigns and the people, when, in the first moment March 1814. of triumph on the taking of Paris, he said, that the allied powers "wished France to be great, and powerful, and free, and that they would respect any constitution which it might adopt." 1 tion of Alex See History of Europe, c. 89, § 5, note. 15. Evidence from public give Ger stitutional government. May 25, 1815. But abundant evidence remains in the public announcements and diplomatic acts of the period immediately folacts of the lowing the termination of hostilities, that the general promise to establishment of constitutional governments formed part many con of the understood compact between the sovereigns and people of Germany. Prussia took the lead in the great announcement looked for with breathless anxiety by so many millions of people. By a royal decree, published on May 25, 1815, just three weeks before the battle of Waterloo, and when sovereigns and people in Germany were alike quaking before the spectre of Napoleon's resurrection, their intention was announced in regard to Prussia in the most unequivocal terms. By it it was declared that a representation of the people shall be formed. For this end the provincial assemblies then existing are to be re-established, and remodelled according to the exigencies of the time; and where at present there are no representative assemblies, they were to be introduced. From these the national representation is XXVII. 1815. to be formed, which is to sit at Berlin, and the functions CHAP. of which were to extend its deliberations upon all those objects of legislation which concern the personal right of citizens and their property, including taxation. A comImittee is to be formed at Berlin of officers of state and inhabitants of the provinces, nominated and presided over by the chancellor, for the purpose of organising the provincial assemblies and the national representation, and framing a constitution according to the principles then laid down, which was to meet on the 1st September next." And this promise was in a fortnight after extended to all the states of the Confederation by the thirteenth article of the Fundamental Act, signed by all the powers on June 8, 1815, still before the battle of iv. 17; Ann. Waterloo; which provided, as already mentioned, "That 108, 109, there shall be assemblies of the states in all the countries Papers. of the Confederation." 1 1 Arch. Dip. Reg. 1815, 388; State 16. performing govern are ments. In nations, as individuals, it too often happens that promises made during a period of danger, or under the Delay in influence of extraordinary feelings of terror or gratitude, these proare forgotten when the peril is over, or the period of mises on the part of excitement is past. The selfishness of libertines has the German invented the infamous maxim that lovers' vows made only to be broken, although many a noble heart and heroic deed has proved the falsehood of the assertion; but there are unfortunately fewer instances of unswerving faith in governments, whether monarchical or democratic. The monarchs of Germany broke faith as completely with the people, who had won for them the victory, after it was gained, as the Tiers Etat of France did with the clergy, whose accession had given them the majority over the privileged orders at the commencement of the Revolution. Ten days after the signature of this solemn act of the Confederation, which guaranteed parliaments to all the states of Germany, the battle of Waterloo was fought, the independence of the country was secured, and with the danger all memory of the VOL. V. B 1816. CHAP. promises passed away. The 1st September came, but XXVII. no committee met to arrange and settle the organisation of the provincial and the national representation in Prussia; years elapsed, but nothing was done generally toward the formation of estates of the realm in any countries of the Confederation. The utmost dissatisfac1 Ann. Reg. tion was felt in all the states of Northern Germany, 1816, 137; especially in Prussia, at this breach of public faith, and bens Ges- many even came to regret the active part they had taken in supporting their ungrateful rulers against the French domination.1 Stein's Le chichte, v. 124. 17. blished in Würtem berg, and Baden, but not in Prussia. The public voice on the subject was so strong that States esta- it could not be withstood in the lesser states, and accordHanover, ingly "estates," or representative assemblies, were established in this year and the next in Hanover, Würtemberg, and Baden, which met and deliberated on the public concerns. Though far from possessing the power or consideration of the English parliament, they yet enjoyed the right of voting taxes and subsidies to government, and their establishment gave general satisfaction. But it was otherwise in Prussia, which, as the most powerful state in Northern Germany, and the one in which a free constitution was most loudly demanded by the people, fixed universal attention. Great difficulties no doubt existed in that country, chiefly in regard to the constitution of the upper house, in consequence of the impoverished condition of the nobility from the longcontinued exactions of the French, and the unparalleled efforts made by all classes during the war of liberation. But these difficulties might have been overcome, had the government really been sincere in their desire to establish representative assemblies. But they were not so, and their whole efforts, after the din of cannon had ceased, were directed to gain time to elude performance of their promises. Still, however, they professed their determination to abide by them; but evidence was soon afforded that they did not intend the public to take part in their XXVII. 1816. Jan. 3, 1816. deliberations concerning the constitution, for on January CHAP. 3, 1816, a cabinet order was issued from Berlin for the suppression of a journal entitled The Rhenish Mercury, which had strongly advocated liberal opinions. At the same time a letter was published from Counsellor Sack, president of the Rhenish provinces of the monarchy, to the superior officers of those provinces, in which it was stated that government was occupied with framing a law concerning the freedom of the press which should reconcile all interests; and in the mean time it called on the censors in all the provinces to redouble their vigilance "in examining all gazettes and political journals, so that no passages might appear in which injurious attacks were made on any foreign government, or incompetent criti- 1816, 137. cisms on the transactions of their own." 1 1 Ann. Reg. mises of the govern The public press was in a great degree shackled in 18. Northern Germany by these measures, but the public dis- Tardy procontent was only thereby increased, and, deprived of its Prussian natural vent in the columns of the press, it sought an ment. issue in the addresses of public bodies, which could not so easily be stifled. The Rhenish provinces, in which local assemblies, by their old constitution, existed, urged the fulfilment in 1817 of the promises contained in the royal proclamation of 25th May 1815; but the government received the address coldly, observing, "Those who admonish the king are guilty of doubting the inviolability of his word." To appease, however, the public mind, which in the course of this year became extremely agitated on the subject, an official Berlin paper announced on 20th August that during the last sittings of the Council of State, the committee charged with framing a constitution had had several meetings, presided over by the Prince Chancellor of State. It was declared by that important functionary, "that the constitution ought to unfold itself, as it were, in an historic manner out of the state of society; that therefore a correct knowledge of existing institutions was necessary, and what was now in existence XXVII. 1817. 1 Ann. Reg. 19. resolution of garding the Confedera tion. June 12, 1817. CHAP. should first be taken into consideration.' On these grounds he proposed that commissioners should be sent to the provinces to obtain information on the spot regarding their existing customs, which was accordingly done, 1817, 155. and they were to report the result of their inquiries to the next Council of State, which was to meet in autumn.1 Before the report of the commissioners, however, could Important be received, a step had been taken by the Diet which the Diet re- rendered it of comparatively little importance, and has internal af- tended more than any other to extinguish all advances fairs of the towards freedom in Germany. On the 12th June 1817 the Diet agreed to a protocol which defined-its exterior and interior powers in relation to the affairs of the Confederacy. By the second article of this protocol it was provided: "In like manner as the territories of individual states are under the general guarantee of the Confederacy, so it is also called on to charge itself with the guarantee of the particular constitutions of the German states, under the modifications adopted generally in accordance with the imperial Austrian vote on occasion of the motion of the Grand-duke of Saxe-Weimar; that is to say, with the unanimous consent of the prince and estates, that the Confederacy is charged with the guarantee of the constitution." And by the fifth article: "If the government of any confederated state should take measures in regard to persons or corporations inconsistent with the fundamental laws and decisions of the Confederation, or which may prove dangerous to the external or internal security of the latter, the Diet is called upon to intervene to procure the abrogation of that measure. Should the case arise of a difference between the reigning sovereign and his subjects, as has been justly remarked on the part of Bavaria Protocol in the fifth sitting of last year, so that the interior tran1817, arts. quillity of the country is menaced while the general tran4 and 5 (6); quillity is compromised, the Confederation as a body,2 iv. 73, 75. after having used all the constitutional ways and means, 2 Arch. Dip. and legal means of conciliation of the countries in ques |