XXVII. 1820. CHAP. upon their sovereign, the King of Denmark, the formation of a constitution. The Diet eluded this petition in the first instance by a resolution, which appeared reasonable, that they would give the ministers of the king time to prepare a constitution; accompanying that resolution with a report which sufficiently indicated the prevailing influence in its majority, and the manner in which the demand for constitutions would be received by them.* And, finally, when the demand for a constitution could no longer be put off by a request for time, the matter was disposed of unanimously by the adoption of the following resolution proposed by Austria: "The Diet having now acquired the certainty that the ancient constitution of Holstein is no longer in activity, the reclamation of the prelates and equestrian order in the duchy of Holstein is refused as inadmissible, according to the 56th article of the Final Act. Nevertheless it is intimated to the petitioners for their satisfaction, that the King of Denmark, according to the reiterated assurances given to the Diet by his representatives, has pledged vi. 263, 265, himself to give to the duchy of Holstein a constitution. which, according to the 55th article of the Final Act,1 is 1 Ann. Hist. * "Sa Majesté l'Empereur ne trouvera jamais convenable, que cette Assemblée fixe des termes aux princes souverains de la confédération pour donner des constitutions à leurs états. S. M. I. a non seulement à l'égard du Roi de Danemarck, mais encore envers tous les hauts confédérés, sa parfaite confiance qu'ils rempliront fidèlement les devoirs qu'ils ont contractés en cette qualité, et elle sait apprécier la prudence et les soins paternels avec lesquels les affaires ont été preparées dans les états de la confédération. S'il était aussi facile de donner des constitutions, que se le figurent dans leur imagination quelques écrivains modernes, alors les hommes d'état que les princes d'Allemagne ont chargés avec une entière confiance de ce grand ouvrage mériteraient des reproches pour leurs délais, mais les exemples si instructifs que nous offre l'histoire ne doivent assurément pas être perdus pour nous. Tous les jours nous voyons les peuples saisir avidement les constitutions comme l'idéal du plus grand bonheur sur la terre, et nous les voyons ensuite goûter une véritable satisfaction, lorsque par leur propre force ou par un secours étranger ils se sont delivrés de la constitution qu'une main perverse les a contraints d'adopter. L'Allemand réfléchi, ayant égard a la manière prudente dont son souverain père traite tout avec maturité ne se méfiera point de la pureté des intentions du gouvernement, et l'Allemand fidèle reconnaissant de ces soins paternels qui embrassant tous les rapports s'attachera encore plus intimement à son souverain."Rapport de la Commission de la Diète à Frankfort, 10th July 1823. XXVII. to combine, so far as possible, regard to ancient rights CHAP. with reference to the actual circumstances of the present time." 1823. 37. the constitu provincial Prussia by 1823. It became evident from these proceedings that the only steps towards constitutional government which the larger Import of states of Germany were to obtain at this time, in imple- tion of the ment of the promise contained in the Federal Act, was estates of to be found in the provincial estates of Prussia. By the the edict of edict of June 5, regarding them, it was enacted: 1. That June 5, the provincial estates shall be put into activity; 2. That the possession of landed property should be the condition of admission into them; 3. That the provincial estates are the legal organ of the different classes of subjects in each province. The provincial estates are called on to deliberate not only on projects of laws affecting the local interests of their own provinces, but also, so long as estates-general were not convoked, the projects of such laws as propose changes in the rights of persons or of property. The king reserved to himself the right to fix the epoch of assembling the estates-general, and the manner in which it should be formed from the provincial estates. The elections were to be for six years, and the diets were to be convoked during the first six years every two years. The president and vice-president were to be named by the king. The members of the provincial estates were divided into three classes: 1. The equestrian order, into which certain families were to have entrance by right of birth; 2. The members for towns, who should be proprietors in them, or members of their magistracies; 3. The order of peasants, or proprietors of free lands or hereditary farms. In the provinces where there were most nobles, the deputies of the towns and the June 5, country were to be at least equal to the equestrian order, Hist. vi. -into which last would be admitted not only persons of 689. noble descent, but those who had acquired their estates.1 The principle of this system of representation, and the motives which had led to its being so long withheld, were 1 Edict, 1823; Ann. 276,277, XXVII. 1823. 38. storff's cir subject. CHAP. thus expressed in a letter from Count Bernstorff, the Prussian minister of foreign affairs, to all the Prussian legations: "The King of Prussia, the sincere friend of Count Bern- freedom, and father of a faithful and devoted people, has cular on the never hesitated a single instant to abide by his royal word spontaneously given in 1815, by which he engaged to organise anew the representation of the Prussian people. The principle of that representation, established for ages in Germany, is that of deputation BY ORDERS. It is that ancient principle and legitimate right which the government felt it was bound to adapt to the wants and the interests of the age. It was necessary to study the preexisting relations, the base of the institutions which were to be founded, to ascertain the real wishes of the nation, and to meditate on the obstacles which thwart and the dangers which accompany innovation. Doubtless it would have been easy to proclaim a constitution of paper according to the abstract theories of the day, but such constitutions never endure. In addition to this, the Prussian government had another motive for proceeding with caution, and that was the universal agitation which prevailed in all countries, and the efforts of innovators, and enthusiasts especially, by means of secret societies. It 1 Circulaire was indispensable that that fermentation should be calmed, storff; Ann. in order that the new institutions should be presented as a free gift of the royal wisdom, not as a concession extorted from them by the spirit of revolution."1 de Bern Hist. vi. 277, 278. 39. ties in Prus This circular reveals the dread which the Prussian govRegulations ernment entertained of the secret societies which had against the secret socie- overturned the thrones in all the monarchies of southern sia. Europe, and had such extensive ramifications in Central and Northern Germany. The extension of these secret societies to the universities in an especial manner excited the apprehensions of government, and the chief of them, entitled the "Armorica," was denounced in an especial manner, and its members subjected to various disabilities. They were compelled at the termination of their studies, XXVII. 1823. if they desired to become candidates for any public em- CHAP. ployment, to declare that they regretted having taken part in it, and that they would never belong to associations of a similar nature. In addition to this they were obliged to pass a year out of Berlin or the cities containing uniSept. 5, versities, and remain during all that period under the sur- 1823; Ann. veillance of the public authorities. Students of medicine 278." could not obtain their degrees but on the same conditions.1 1 Edict, Hist. vi. provincial estates. The constitution thus given at the eleventh hour to 40. the provinces of Prussia was the shadow of a representa- The real tive government, and but the shadow. The estates thus worth of the established possessed no real authority in the State, and they were to be convoked at such distant periods that they could not exercise any material influence on the opinions of its inhabitants. They had neither the initiating of laws, nor the power of rejecting them, nor the power of granting or withholding supplies, placing or displacing ministers, or controlling the march of internal government or foreign administration. With the exception of the local concerns of their respective provinces, the estates could do nothing but express their opinion concerning proposed changes in the laws regarding person or property, which changes were to emanate only from the ministers of the Crown. In all respects the powers and duties thus devolved upon the provincial assemblies very closely resembled those enjoyed by the town-councils in England or the commissioners of supply in Scotland, who are elected by certain classes of the people for the performance of certain duties under Government, and are at liberty when assembled to express their opinions on proposed acts of parliament which may appear to affect their interests, but enjoy no power, save by the influence of that opinion on the Government, of either advancing or obstructing them. This shadow of a representation was so obviously a deviation from that which had been solemnly promised by the king in 1815, and sanctioned by the thirteenth XXVII. 1823. 41. Causes outbreak. Aug. 3, 1820. June 23, 1821. CHAP. article of the Federal Act, that it is probable that, despite the great weight of the military monarchies in the Confederacy, it would have led to serious disturbances in Prussia and the whole north of Germany vented an long before the great convulsion of 1848, had it not been for the influence of two circumstances which calmed the public mind, and gave a different direction to the general thought. The first of these was the beneficial effect of some of the measures adopted by the Congress of Vienna, and embodied in the Federal Act. Perhaps the most important of these were certain regulations which provided for the free navigation of rivers, particularly the Rhine and the Elbe, by the acts of the Congress of Vienna, 9th June 1815, and of the Federal Diet at subsequent periods. By a most important act also, which applied to all Germany, concerning the exportation of goods, it was provided that all restrictions or duties which limited or burdened the transmission of goods from one state of the Confederacy to another should be abolished. * The effects of these enactments upon the material prosperity of Germany were immense. They created all the states of the Confederacy into one vast empire, which not only enjoyed the inestimable blessings of internal peace and external security, but gave them the hardly less important advantages of free trade and communication among each other; and its great rivers, instead of being subjected as heretofore to endless tolls and exactions for the advantage of the petty sovereigns who dwelt upon their banks, were restored to the destination iv. 103, 276, assigned them by nature-that of being the arteries and natural canals, which diffused wealth and prosperity through the State.1 June 23, 1817. 1 Arch. Dip. 291, 294, 295. * "Sont compris dans la franchise fédérale d'exportation les biens de toute espèce passant d'un état de la confédération dans l'autre, soit par suite d'émigration ou à titre de succession de vente d'échange, donation, dot, ou d'autre manière, et tout impôt qui restreint l'exportation des biens entre les états qui font partie de la confédération, ou de la propriété des biens entre les sujets des états confédérés, est déclaré aboli."-Décision de la Diète Fédérale, June 23, 1827; Archives Diplomatiques, iv. p. 103. |