GERMANY In 1806 the Holy Roman Empire came to an end. By the peace of Pressburg Austria lost a large part of its territory and recognized Bavaria, Baden, and Württemberg as independent states. By their union into the Confederation of the Rhine on July 12, 1806, the smaller German states ceased to have even nominal connection with the empire which was to disappear a few weeks later. The Confederation of the Rhine which included practically all of the German states except Austria and Prussia ceased to exist when the fortunes of war turned against the French. After the fall of Napoleon it proved impossible to restore the old empire, but the equally futile and powerless German Confederation was erected in its place. The Confederation Act of June 8, 1815, was amended by the Vienna Final Act of May 15, 1820, which united the states for the repression of liberal principles, but gave to the Confederation no additional power for good. Until the revolution of 1848 the movement for German unity was confined largely to liberal theorists, though the customs union which Prussia had formed with many of the smaller states furnished an example of the material benefits to be gained by closer union. The revolution of 1848 forced the governments to act. A German National Assembly met on May 18, 1848, and after a long and to a great extent fruitless debate, adopted the Imperial Constitution of March 28, 1849. Frederick William IV of Prussia was chosen emperor. But by this time the liberal movement had begun to lose force; Austria had gained the victory over the revolutionary forces within its borders, and was resolved to oppose any scheme which would give to Prussia the leadership of a united Germany. The King of Prussia refused the proffered crown, and all hope of German unity for the time came to an end. The attempt of Prussia to establish a league of states also failed because of the opposition of Austria. The German Confederation was re-established, to continue until Austria should be expelled from Germany by force of arms. The Schlesvig-Holstein affair led to an open conflict between Prussia and Austria in 1866. Upon the motion of Austria the Federal Diet on June 14, 1866, decided to mobilize the forces of the empire against Prussia; that state, which had protested against this action, declared the Confederation dissolved. In the war which followed Austria and her allies among the small states were signally defeated and by the Peace of Prague of August 23, 1866, Austria gave its "consent to the new organization of Germany without the participation of the Austrian Empire." Hanover, Electoral Hesse, Holstein, Schlesvig, Nassau, and Frankfort were merged into the Prussian territory. On August 18, 1866, the small states of North Germany entered into a treaty accepting the conditions proposed by Prussia on June 10, 1866, for the establishment of a German Confederation. In consequence of this agreement an elected assembly met at Berlin on February 24, 1867, and adopted a constitution of the North German Confederation; this constitution was ratified by the several states and went into effect on July 1, 1867. By the Treaty of Prague the relations of the South German states to the new Confederation were to be settled by future negotiations. Bavaria, Württemberg, Baden, and Hesse entered the customs union and concluded offensive and defensive alliances with Prussia, but held back from any closer connection; it required the national feeling aroused by the war with France to complete the establishment of the German Empire. In Noveinber, 1870, the four South German states signed treaties giving in their adhesion to the Confederation; on December 10, 1870, the German Confederation became the German Empire; the King of Prussia assumed the imperial title at Versailles on January 18, 1871. By the treaties with the South German states changes had been introduced into the constitution of the North German Confederation; the constitution of the empire was now contained in four documents: (1) the constitution of the North German Confederation; (2) the treaty of November 15, 1870, between the North German Confederation, Baden, and Hesse; (3) the treaty of November 25, 1870, between the North German Confederation, Baden, and Hesse on the one side and Württemberg on the other; (4) the treaty of November 23, 1870, concerning the adhesion of Bavaria to the North German Confederation. The imperial constitution of April 16, 1871, was practically a consolidation of the permanent provisions of these four instru ments. Since 1871 the constitution has been amended ten times; these amendments are indicated in their proper places in the text given below. The acquisition of Alsace-Lorraine and of Heligoland involved no change in the text of the constitution. In the text of the constitution which is given below only the formal amendments have been indicated. By means of addition of territory, interpretation in practice, and of ordinary legislation, the constitution has in fact undergone many other changes of importance. In a recent article Professor Laband calls attention to the following alterations which have taken place in this informal manner : 1) Art. 1, through the extension of the imperial territory. 2) Art. 4, through the extension of the competence of the empire to matters which are not mentioned therein. 3) Art. 13, through the practice which has developed of having the Bundesrat sit permanently. 4) Art. 17, through the establishment of responsible substitutes for the imperial chancellor, and the creation of the office of Statthalter of Alsace-Lorraine. 5) Art. 18, paragraph 1, through the creation, by the law of March 9, 1899, of a separate section in the inperial military court, whose members are appointed by the king of Bavaria. 6) Art. 20, paragraph 2, through the addition of deputies from Alsace-Lorraine. 7) Art. 34, through the admission of Hamburg and Bremen within the common customs frontier. 8) Art. 35, through the introduction of new consumption taxes, and through the entry of the South German states into the general system of taxation of brandy. 1"Die geschichtliche Entwicklung der Reichsverfassung seit der Reichsgründung," Jahrbuch des oeffentlichen Rechts, Vol. I. 9) Art. 38, paragraph 1, through the assignment to the states of revenues derived from the tobacco tax and from the consumption tax on brandy. 10) Art. 50, paragraph 2, by sec. 50 of the law of October 28, 1871, regarding the postal system. II) Art. 54, paragraph 4, by the imperial law of April 5, 1886. 12) Art. 60, by the imperial law of May 26, 1893. 14) Art. 75, by the Gerichtsverfassungsgesetz of January 27, 1877. Art. 77 and the temporary provisions contained in Arts. 18, 51, 56, 61, and 71 have also ceased to be in force. SELECT BIBLIOGRAPHY BINDING, KARL. Die Verfassungen des norddeutschen Bundes vom 17. April 1867 und des deutschen Reichs vom 16. April 1871. (Grössere Ausgabe, 3d ed., Leipzig, 1906.) The most convenient edition of the constitution without commentary. RÖNNE, L. v. Verfassung des deutschen Reichs. (8th ed., Berlin, 1899.) A well-edited text of the imperial constitution. TRIEPEL, HEINRICH. Quellensammlung zum deutschen Reichsstaatsrecht. (Leipzig, 1901.) Contains text of all important laws bearing on the organization of the imperial government. ARNDT, ADOLF. Verfassung des deutschen Reichs. Mit Einleitung und Kommentar. (Berlin, 1902.) HOWARD, BURT ESTES. The German Empire. (New York, 1906.) The only English treatise upon the German government. It gives a good account of the structure of the imperial government, but devotes little attention to the manner in which the government works, and to the relations between the empire and the states. LABAND, PAUL. Das Staatsrecht des deutschen Reiches. (4th ed., Tübingen, 1901. 4 vols.) The most extensive and the best treatise on German public law. A French translation has been issued (Paris, 1900-04. 6 vols.). Dr. Laband also has a briefer commentary, Deutsches Reichsstaatsrecht. (3d ed., Tübingen, 1906.) ARNDT, ADOLF. Das Staatsrecht des deutschen Reichs. (Berlin, 1901.) HAENEL, ALBERT. Deutsches Staatsrecht. (Leipzig, 1892. Vol. I.) |