ing the winter; and when spring came, a picture on exhibition, an unusually fine sunset, or the need of his protection on some charity visit, led to many tête-à-tête walks with Emily, which gradually restored roundness and bloom to her cheeks. When the June roses came, she had wellnigh forgotten she ever cared for Murray Hilton, and heard without a pang of his engagement to a rich girl in Galena, and his intention to remain there permanently. She and her mother were at the Twomblys' again now; and one midsummer evening, on the piazza where Marc had first discovered his own feelings, he told Emily how long and dearly he had loved her, and read no denial in her shy, happy eyes. It is needless to add that Mrs. Loring shed joyful tears over the news, and that Gran'sir' Twombly said, “Didn't I tell ye so?"

THE GERMAN EMPIRE.

to be, an elector. But the more powerful princes disputed this claim, and great confusion was the rule, until the Emperor Charles IV., by the Golden Bull of 1356, restricted the electoral dignity to seven persons. Three of these were ecclesiastics, viz., the archbishops of Cologne, Mayence, and Treves; four were secular princes, viz., the King of Bohemia, the Margrave of Brandenburg, the Elector of Saxony, and the Count Palatine. The college retained this composition for three hundred years, while the Diet was a more numerous body, with legislative and, to a certain extent, judicial functions. By the peace of Westphalia, in 1648, an eighth elector was added in the head of the house of Bavaria; and at a still later period a ninth, which was acquired by Hanover. Until 1806 these nine potentates met in the close little chamber which every tourist has seen, at Frankfort-on-the-Main, as often as an emperor died, and went through the form, which for many years had been only an which for choosing a successor.

The force of cohesion between the mem

THE HE present political system of Germa ly hon vitry close organie Cennection with the old empire, which in 1806 went to pieces under the blows of Na-bers of this singular confederation was at poleon, or with the confederation, which, reconstructed by Metternich, survived until the battle of Sadowa; but there is a certain historical thread binding them all together in an order of progress which it is necessary to understand.

all times very slight, though it depended somewhat on the personal qualities of the emperor-on his will, energy, resources, and popularity. The Hohenstauffens had all of these in a large degree, and they imposed obedience upon the vassal princes, and made the empire united at home and formidable abroad. But in general the bond of union was one of forms and cereFif-monies rather than of strict political subordination, as understood in a modern state. Beyond certain feudal tributes, the emperor as such had no revenues. There was no imperial army, and in case of war the emperor was more likely to solicit than to demand the aid of his vassals. The only administrative divisions of the imperial territory were the "Kreises," or circles, which had both a military and a judicial character, but ill defined in respect to both. To use a common figure, the centrifugal was stronger than the centripetal force in the system; and hence from an early date the leading tendency in German political development was the rise of individualism among the various states, or a few of them, and their aggrandizement at the cost of the central power.

The original empire may be said to have lasted from the death of Charlemagne to the abdication of Francis II.-a period of about one thousand years. ty-four princes had held, and some of them had enjoyed, the imperial dignity. Although there was no hereditary order of succession, it was not uncommon for several consecutive elections to be carried by the same family, so that the annals of the empire present a variety of dynasties, such, for instance, as that of Saxony, that of the Hohenstauffens (the most illustrious of all), the Luxemburg house, the Bavarians, and the Hapsburgs. Francis II. was the twentieth emperor of this family, which for about three centuries had wielded paramount influence, and had easily controlled the College of Electors. This college underwent during its thousand years many vicissitudes. In theory it was in early times nearly identical with the Diet, so that every German noble who was an immediate vassal of the emperor was, or could claim

Of these states Prussia has enjoyed, though not the earliest, the most vigorous growth, and the characteristics which she

has displayed have been copied in some | bund, not a federal state, but a confederdegree, and with some success, by most of ation of states-a distinction of vast imher German sisters. The rulers of Prus-portance both in theory and in practice, sia made themselves absolute; all the pet- as America knows by experience. ty princes of the father-land gradually did the same. Prussia early cultivated the military spirit, and every paltry Landsherr felt bound to ruin his people by the support of a standing army. Prussia established a permanent, efficient, learned, though rather pedantic, civil service, and the wholesome example was followed throughout Germany. Thus many of the features of the great Northern powers were found reproduced in petto by two or three hundred lesser principalities; but the frugality in finance, the audacity in the field, the fortitude under defeat, which long characterized Prussia have not been reproduced, and she has grown strong and influential, while they have remained stationary, or have even declined.

Only one state could offer her a successful rivalry. Austria was rich; had a splendid aristocracy; being Catholic, was supported by the Pope; and, in spite of her pride and arrogance, commonly enjoyed more popularity than Prussia. The relation between the two powers was therefore for centuries one of secret jealousy or open hostility, until the Napoleonic campaigns of 1805 and 1806 dissolved the empire, and reduced them both for a time under the sway of France.

On the downfall of Napoleon, efforts were at once made to restore the antique structure. The Congress of Vienna was | the scene of these efforts, Metternich being the chief Austrian negotiator, Hardenberg the Prussian; and recriminations are still exchanged between the historians and publicists of the two countries in regard to that august but inharmonious council. On two points an early agreement seems to have been reached. The one was that in the work of reorganization only the interests of the princes, not those of the peoples, were to be consulted. The other was that the old empire could not be restored, that the imperial dignity should not be revived, and that a species of confederation, little different from a league or qualified alliance between the several states, was all that could be attained.

The result was embodied in the Act of Confederation of June 18, 1815, and subsequent modifications in the so-called Final Act of May 15, 1820. These acts created not a Bundesstaat, but a Staaten

The powers intrusted to the central government by this scheme were slender enough even on paper, but in practice they were almost worthless. Austria was nominally the head of the confederation, but this meant little more than the honor of presiding in the Diet. An executive hardly existed. The Diet, which was the central legislative organ, and met at Frankfort-on-the-Main, could only summon the local authorities in each state to execute its decrees, and the efficacy of the summons depended on the resources or audacity of delinquent states. Disobedience was punished only with great difficulty, and often not at all. In regard to the distribution of power in the Diet, a curious rule prevailed. The body met in two forms: sometimes as the Ordinary Assembly, sometimes as the General Assembly. In the former the larger states had each one vote, while the smaller states were arranged in groups, each group having likewise one vote. In the General Assembly the six kingdoms had each four votes, the next class of states each three, a third class each two, and the remaining principalities and free cities each one. Thirty-eight states were represented in the confederation, two of them belonging to non-German powers, who cast their votes, viz., Holland for Luxemburg, and Denmark for Holstein. Current business was transacted by the Ordinary Assembly, where a majority decided, but graver matters, especially alterations of the fundamental law and the like, were submitted to the General Assembly, where a twothird vote was required for validity, and in some cases unanimity.

A very small class of relations was intrusted to the Diet, and these were surrounded with qualifications and limitations which left the individual states practical independence, and paralyzed the imperial executive. At different epochs efforts to reform were made, but without success. The most noteworthy of these was a consequence of the revolutionary movements of 1848-49. At that time a species of constitutional convention, composed of deputies chosen by the people with the tacit approval of the sovereigns, but without any formal authority, met at Frankfort, and debated various schemes

of relief. All of these schemes tended to- | al differences between the old and the new ward a greater degree of civil and political systems were slight. The empire was liberty on the one hand, and a stronger really the continuation of the confederacentral government on the other; but tion, enlarged by the addition of four new nothing tangible was achieved except a states, and decorated with a more imposresolution to revive the imperial dignity, ing name. But in order that the signifiand vest it in the house of Prussia. King cance of these titular changes may be unFrederick William IV. was, however, not derstood, a word or two of explanation is the man for the crisis. Filled with rude necessary. notions of divine right and the like, he refused the crown because it was the gift only of the people, not the princes, of Germany; the Frankfort Parliament was dissolved at the point of the bayonet, and things resumed their old course.

66

In the first place, the German term "Reich" does not designate an empire as a form of government distinguished from a kingdom, for instance, or a republic. Strictly taken, it means "realm," or even commonwealth," while the technical term for empire is "Kaiserreich." Thus the Roman Empire might be called a Reich, as was the old German Empire, because, for one reason, the hereditary principle in both was weak, or did not exist; and in the present confederation, or Reich, the

The Danish war, so called, or the forcible seizure of Schleswig-Holstein by Austria and Prussia, showed how powerless were all the forms of the confederation against its two leading members. A still more striking illustration of their impotence was the war of 1866. Really a quar-so-called imperial dignity, though heredirel between Austria and Prussia, the war was a German conflict in this sense, that the sympathies of nearly all the lesser states were with the former, and that the Diet, encouraged by it, thundered with all its violence against Prussia, the disturber of the peace. Bismarck was undismayed by opposition in the forum or in the field. Sadowa was won, and the confederation | expired in fire and blood.

tary in the royal house of Prussia, is not hereditary in the house of Hohenzollern as such. If the Hohenzollerns should ever cease to be Kings of Prussia, they would cease ipso facto to be Emperors of Germany. But the Napoleonic empire in France was always called in German the "Kaiserreich," because the imperial principle, whatever that may be, was visibly incorporated in the public law of the state. The Treaty of Prague put an end to the The same observation holds true of the war, and to Austria as a German power; head of the state in Germany. The press and Prussia was authorized to rebuild and the public in other countries speak of German unity on a plan widely different him commonly as the Emperor of Gerfrom the frail structures that had pre- many, which is incorrect. There is no viously been tried. The North German such personage. The federal constituConfederation was called into being. It tion simply declares that the Presidency was composed of all the states which had of the confederation is vested in the King formed part of the old union, except (1) of Prussia, who shall bear the title of GerAustria, which was left entirely out; (2) man Emperor. Our usage of language certain states which lost their independ- and our habits of political thought do ence, and were annexed by Prussia; and not, indeed, make any clear difference be(3) Bavaria, Würtemberg, Baden, and tween the title German Emperor and the Hesse-Darmstadt, which entered into a title Emperor of Germany; but to Teutonconfederation of their own, known as the ic-nay, to Continental-dialecticians the South German Confederation. Close re- distinction is of vast importance. The lations were nevertheless established be- King of Prussia is then merely President tween the two confederations; and in par- of the German realm, and there is nothticular a military convention, providing ing imperial about him except his title. for mutual co-operation in certain contin- There is no imperial crown; no imperial gencies, brought Prussians and Bava- privy purse; no imperial civil list; no imrians, Saxons and Hessians, into the field perial suite, or court, or palace. He is as allies against France in 1870. Finally, simply the King of Prussia, intrusted with in the course of the war, the states of the certain executive functions in the German South German Confederation were merged federal system. with their northern allies in a new union -the German Empire. The constitution

VOL LXIII-No. 376.-38

Treaties for the adhesion of the South German states to the union were con

cluded during the war, and the proclama- | act must be sanctioned by a majority in tion of the empire was made at Versailles, each of these bodies. The Emperor has, the German head-quarters, on the 18th of accordingly, no veto power. His only January, 1871. In the Diet of the North influence upon legislation is as King of German Confederation, to which those Prussia, and through the Prussian delegachanges were submitted, only six votes tion in the Federal Council. The method were raised in opposition. of expressing this power will appear from the account of section

3. The Federal Council.-As its name indicates, this is the body in which the federal principle is guarded, and most efficiently guarded. It is composed of delegates of the different states, appointed by the authorities of each state, and subject to their instructions. It consists of fifty-eight members, distributed as follows: Prussia, 17; Bavaria, 6; Saxony and Würtemberg,

The next step was to call a new Diet representing the whole empire, and to adopt a constitution suitable to the new conditions. The elections took place on the 3d of March, in accordance with the electoral law of the North German Confederation, that is to say, by universal suffrage and secret ballot. On the 21st of the same month, this body was formally opened by the Emperor in person. The draft of a constitution, laid before the Diet, | 4 each; Baden and Hesse, 3 each; Meckwas then promptly adopted without material changes, and was officially promulgated on the 21st of April.

The constitution comprises fourteen sections, treating respectively of the following subjects: 1, The Federal Territory; 2, Legislation; 3, The Federal Council; 4, The Presidency; 5, The Diet; 6, Tariff and Commercial Affairs; 7, Railways; 8, Posts and Telegraphs; 9, Marine and Navigation; 10, Consular System; 11, Military Affairs; 12, Finance; 13, Adjustment of Differences, etc.; 14, General Provisions. We propose next to give a brief statement of the character of each of these sections.

1. The Federal Territory.―This simply enumerates the states forming the union, and needs no farther explanation.

lenburg-Schwerin and Brunswick, 2 each; and the others, seventeen in number, 1 each. Article 6 declares that every member of the union can appoint as many delegates to the Federal Council as it has votes, but that these votes must be cast as a unit. The Council decides upon all measures to be submitted to the Diet, and upon measures adopted by the Diet; it adopts the general provisions in regard to the execution of imperial laws, etc.; and it corrects delays or defects in such execution. Seven permanent committees are constituted from among its members for the consideration of the leading interests of the empire as above enumerated; and in the composition of these committees, or two of them, special deference is paid to the reserved rights of Bavaria, Würtemberg, and Saxony. No person can be at the same time member of the Federal Council and of the Diet, but every member of the former body may appear before the latter and advocate his own view of pending measures, even when it is not the view of the majority of his colleagues. The members of the Council enjoy at Berlin diplomatic immunities.

2. Legislation (Reichsgesetzgebung).After some general provisions in regard to the equality of citizenship throughout the empire, the equal right of all Germans to the protection of the empire, etc., there follows, in Article 4, the enumeration of the subjects over which the imperial legislation extends. The more important of these are: Domicile, Citizenship, Passports, and Insurance; Import Duties, Commerce, and Federal Taxation; Measures, Weights, Coinage, and the Issuing of Paper Money; Banking Affairs; Patents; Copyright; Railways, Posts, and Telegraphs, with some restriction in favor of Bavaria and Würtemberg; Civil and Criminal Ju-eral Council, of which the Emperor is the risprudence, within certain limits, and Judicial Procedure; Military and Naval Af- | fairs; Regulations in regard to the Press and Public Meetings. Finally, it is added that the power of legislation is vested in the Federal Council (Bundesrath) and the Imperial Diet (Reichstag), and that a valid

4. The Presidency.-The reader will observe that this section, which treats of the Emperor, is not entitled "The Executive"; and there is a reason for the distinction. The real Executive is the Fed

organ; while the class of administrative duties which belong to the latter originally and exclusively is strictly defined. Thus he sends and receives ambassadors and other foreign ministers, commands the armies, concludes treaties, and forms alliances. But to declare war, except in

the method, etc., and consists of technical details not of general interest. It is to be observed that the free cities of Hamburg and Bremen are not included within the imperial customs territory, but they are bound to make a direct contribution to the treasury as compensation for this exemption.

case of invasion, the concurrence of the | on which imperial taxes may be levied, Federal Council is necessary; and to conclude treaties upon any subject which belongs within the scope of imperial legislation, the assent of the Diet and Federal Council both. The Emperor summons, opens, and prorogues the Diet and the Federal Council. Orders and decrees issued by the Emperor in the name of the Emperor must be countersigned by the Chancellor, who becomes thereby responsible for the same. If any member of the confederation fails in the performance of its duties, as, for instance, refuses to contribute its quota to the treasury, it may be proceeded against in the way of forcible execution, which the Federal Council authorizes and the Emperor carries into effect. The Imperial Chancellor is appointed by the Emperor, and presides in the Federal Council, although this duty may be delegated by him to any other member.

7. Railways.-The empire has a species of supervision over all the railways, except those of Bavaria and Würtemberg, first for military purposes, and secondly for the "common interest."

8. Posts and Telegraphs.-These are exclusively imperial charges, except in the case of the two states above named. The same is true, but without any exception, of (9) the Marine and (10) the Consular Establishment.

11. The Army.-This section consists of some general provisions, and one sweeping exception. Let us first mention some of the more important provisions; that is to say, important not in a military but in a constitutional sense. The entire army is under the command of the Emperor. The military code, colors, uniform, etc., of Prussia is extended over the whole empire. There is one general army budget. The Emperor appoints the general officers; the local governments, however, the regimental and lesser officers. The soldiers take an oath of obedience to the Emperor, but not to the constitution-a grave and significant omission. The strength of the standing army was fixed temporarily at

5. The Imperial Diet.-This body is chosen by ballot, and consists of 382 members. Every German who has reached the age of twenty-five years has the right of suffrage, except soldiers and sailors in active service, persons under guardianship, those going through bankruptcy, paupers enjoying state support, and criminals who by sentence of court are deprived of civil and political rights. All legal voters are also eligible as deputies. Officials even may be elected, and can take their seats without leave of absence from their superiors. The normal duration of each Diet is three years, but it may be dis-one per cent. of the population-a ratio solved at any time by the concurrent act of the Emperor and the Federal Council. In regard to the right of the Diet to choose its own rules, officers, etc., and to the privileges of its members, the provisions do not essentially differ from those prevailing in other countries. The constitution expressly says the deputies shall receive no pay or emoluments. A majority of the full legal number of members constitutes a quorum, and ordinarily questions are determined by the majority of the votes cast; but there is a curious provision, applicable both to the Federal Council and the Diet, according to which, on all questions which do not concern the empire as a whole, only those states or the deputies of those states which are interested shall have a voice in the decision.

6. Tariff and Commercial Affairs.This article enumerates the commodities

which was subsequently confirmed by legislation for a term of seven years. Every German is declared liable to military service, and no substitutions or exceptions in favor of class or other privileges are permitted. Such are the general features of the military establishment; but it is declared in a final article that most of them are not applicable to Bavaria and Würtemberg, which have their own separate budgets, and otherwise retain a greater degree of control over their contingents.

12. Imperial Finances.-Yearly budg ets are required. The needs of the treasury are supplied in the first place by the import duties, and the excise on certain articles like beer, spirits, etc., together with the surplus, if any, from the post and the telegraph, and the deficiency is then made up by pro rata assessments upon the separate states according to population.