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to leave greater iiuK pcndence to tin- individual states.

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Imperial Germany.



Deniaiul for
(.oiistilutions.



The " Holy
Alliance."



In liiiK' of war the federation j)ut itself under the guid-
ance of the Diet entirely, and this central authority-
settled the difficulties between the states. The king-
doms of Denmark and the Netherlands had each a
membership. Owing to the unsettled condition of
affairs and the incomplete powers given it, the federa-
tion soon lost caste.

It was not long before a reaction from the settlements
agreed upon by the sovereigns at the Vienna Congress
set in, and the people of Germany began to think and
act for themselves. The students all over the north
and south of Germany formed a party of reform, de-
manding free press, universal suffrage, individual con-
stitutions, etc., and in 1818 they won a constitution in
Bax'aria. In the next year Wlirtemberg followed
Bavaria's example. To curtail this republican tendency
Metternich, prime minister of Austria, called the Carls-
bad Congress in August, where the monarchical idea
was enforced. Censorship of the press followed, and
the rule of princes was pushed forward on all sides.
From that time until 1830 there was a conflict between
the two parties, ever growing stronger and fiercer. On
the whole, through the influence of Metternich, the
monarchical idea gained the ascendency. He formed a
union between Austria, Prussia, and Russia, called the
"Holy Alliance," which had for its object the destruc-
tion of constitutions and the enforcement of the rule of
irresponsible ministries. Assemblies were closed ; the
rights of the press were curtailed, and in all parts of
Germany the student element of free thought was sup-
pressed.

All through the years from 1830 to 1848 there came
individual cries for freedom of speech and suffrage. It
was the modern demand of each man to be allowed to



Appendix. 309



govern himself, fighting against the medieval practice of
making the mass of humanity subservient to a few
hereditary princes, and it came naturally from the
growth of popular education. At a meeting in 1847,
Heppenheim, an advanced leader in the South, proposed
a representative government for all Germany. This
was followed at Heidelberg on March 5, 1848, by a
self-assembled meeting which decided to call a national
congress to consider a proposition of a parliament of
the many independent states of Germany. The result
was the famous National Assembly at Frankfort, which The Frankfort

.-Vssembly.

came together May i, 1848, and was composed of three
hundred and twenty delegates.

This was the first body of reformers that had gained
any standing, and it was the first result of the struggles
since 18 16. The old German Diet had already lost
caste. John, archduke of Austria, became president of
the Assembly and administrator of Germany, and all
seemed to promise well for a solution of the great ques-
tion. Unfortunately for the peace of Germany, the
A.ssembly never came to any satisfactory conclusions,
thf)ugh it sat for many months, on account of the fact
that it c<iul<i nc)t settle who and what should be the head
of Germany itself. Out of the discussions, how^ever,
grew two parties that ruled the politics until 1871.
(iennany must be luiited. This coukl be accomplished
in one way by jnitting Austria at the head of the Con- Austria i-i.
federation or in another 1>\- throwing out Austria
altogether and forming a union under Prussia. Caused
[)artly by the elections for llic Nation. il Assinibl)-, and
partly by the same ideas that suggested the Assembly
itself, an era of popular feeling and the demand for po])-
ular sovereignty gained the ascendency in 1848-49. It
was the same in all I-'urope. After the I-ebruary Ke\o-



I'russia.



3IO Imperial Cicyma)iy.

lution in Paris, there came a revolution in Cierniany. In
!s48°'"''°" ""^ Vienna, on the 13th of March, the students gained con-
trol of the city. Emperor Ferdinand was forced to
abdicate. Immediately following- came similar scenes in
Prague, and on the i8th a revolution broke out in
Berlin. King Frederick William IV. was forced to
grant a constitution to Prussia, which went into effect
February 26, 1849.

At this point Prussia began to take a more important

place in German affairs. It was now a contest between

Austria and Prussia for the leadership. Count Bismarck

of Prussia had been at the National Assembly and had

Bismarck there made up his mind that the only way to unite Ger-

emerges. ^ J J

many was to create an authority strong enough to com-
pel obedience to its will, and then to unite the many
states into a confederation under its leadership. He
proposed to make Prussia that power. From 1850 to
1 87 1 the growth of that power was the direct outcome
of Bismarck's policy, and it became the final means of
accomplishing the German Empire.

The Schleswig-Holstein question is a difficult one to
understand, and is to-day of little importance. It was,
however, the cause of open hostilities between Austria
and Prussia, and the consequent settlement of the dilifi-
culties arising from their rivalry. Prussia and Austria
took possession of both Schleswig and Holstein on be-
half of the Confederation, which claimed jurisdiction
over both, by force of arms in 1864, on account of a
dispute in regard to the question of succession there.
Christian IX. was obliged to sign a treaty ceding both
duchies to Prussia and Austria jointly. Hence Prussia
and Austria came to rule in the North in common. This
could not last long when the two powers were rivals,
and it was less than two years before Prussia, charging



Appendix. 311



Austria with breaking the treaty in calling an assembly
in Holstein on her own authority, interfered and forced
lier to declare war. Meantime, in 1861, William, the
future emperor, had become kino- of Prussia and with Prussia defeats

Austria.

the aid of Bismarck as chancellor had been steadily
increasing and strengthening the army, so that in 1866
Prussia was able in seven weeks totally to defeat Austria
by one of the most remarkable campaigns in history.
The North German Confederation was formed with
Prussia at its head and all the small states of Northern
Germany as members. Bavaria, Wiirtemberg, and
Baden still held aloof, but they formed treaties with
the Confederation — -Austria was compelled to with-
draw.

From that time until 1870 Prussia was increasing in
power and the Confederation was uniting within itself
more firmly until the final act toward the unification of
all Germany came in the war with France. Napoleon
III. was hostile to Prussia and its wonderful growth ;
and in his uncertain position as usurper in France,
he was obliged to win some victory to impress his power
upon the French and keep their confidence. An oppor-
tunity offered itself in the neutralization of Luxemburg,
which was contrary to Napoleon's wish ; and, finally,
when William I. refused to prevent, at Napoleon's
solicitation, one of his own family. Prince Leopold of
Hohenzollcrn, from becoming king of Spain, war was pru"si"„ war.
declared on the 15th of July, 1870. Pru.ssia at once
sent her forces to Strassburg and Metz, and afttr the
defeat f>f the French at Saarbriick and the retreat to
Metz, came the three fights about the city which ruined
that portion of Napoleon's army. The final fight .it
Sedan on .Sejjtembcr 2. and the surrender of Paris on
January 28. 187 1, ended the war. Bavaria, Wiirteni-



3^2 Imperial Germany.



berg, and Baden immediately joined the North German
Confederation on January i8 at Versailles in offering the
crown of emperor to King William, and Germany was
united at last under one head. France ceded Alsace
and Lorraine to Germany and paid five milliards of
francs as a war indemnity.

The constitution of the empire, adopted at the close
Constitutions, of the war with Austria in 1867, was accepted with few
changes on April 16, 1871, by all the twenty-five states
of the empire. It is unique in history, being as it is a
union of states of different forms of government under
an hereditary head with imperial powers. After the
preamble and the list of states in the Confederation, the
constitution provides that all federal laws take prece-
dence over state laws. Equal rights are to be held by
citizens of all the states. The matters over which the
legislative part of the government has jurisdiction are
then classified under fifteen heads. They include all
jurisdiction in the matter of posts and telegraph, rail-
roads, waterways, military and naval affairs, measures of
public health, and a common system of weights, meas-
ures, and money ; also the establishment of measures
relating to the rights of citizens and foreigners within
the empire or their movements between the states or
into and away from the frontier ; the establishment of
laws for the purpose of revenue and customs or internal
taxes, of banking, patent and copyright laws, and the
protection of German commerce abroad by consular
representation ; finally, the establishment of a common
code for the punishment of crime and for civil pro-
cedure, the enforcement of judicial documents in the
different states, and the protection and care of traffic on
interstate waterways and roads. The legislative part of
the imperial government is in two houses, the Federal



Appendix. 313



Council (Bundesrath) and the House of Representa-
tives (Reichstag).

The Bundesrath is composed of sixty-two members,
who are appointed by the governments of the different Bundesrath.
states, each state having a certain number in proportion
to its magnitude and having only the number of votes
equal to its membership. Any member may propose
motions and the president must bring them before the
body. The chancellor of the empire is the president,
and the Bundesrath sits with closed doors. It appoints
seven permanent committees, viz., army, navy, taxa-
tion, commerce, railways, post and telegraph, justice,
and finance, and the appointments are so arranged that
two states at least are represented in each committee
exclusive of the president. The Bundesrath meets
annually, and no man can be a member of both houses
at once, though the members of the Upper House can
take seats in the Reichstag.

The Reichstag meets annually also and is composed
of three hundred and ninety-seven members elected by
universal suffrage, about one to every one hundred and
seventeen thousand, but if a member receives any
government office he must be reelected to the Reichs-
tag. The debates are public and verbatim reports
are published. The Reichstag can propose measures
and ^end them up to the Bundesrath, as well as any
petitions submitted t(j it. Its term is five years (before
i8go three years). It can only be dissolved by a vote
of the Bundesrath, and must lluii be summoned within
sixty days and meet again within ninety days of dissolu-
tir)n. The Riichstag regulates the power of its mem-
bers under the constitution, and the members while in
active service are free from any indemnity or arrest,
unless taken in the act. All votes are Ijy absolute



Reichstag.



314 Imperial Germany.

majority of the total number of members, and as each
member represents the whole country he cannot be
held by any decree of his electors or of any one else.
No member, as such, receives any salary.

The supreme authority is hereditary in the crown of

Emperor. Prussia, and the emperor has the right to receive and

credit foreign ambassadors and emissaries, curtailed
somewhat by the advice and consent of the Bundesrath.
He calls the Bundesrath and Reichstag together and
dismisses them. He appoints the chancelk)r of the em-
pire and with him the ministers of state. The emperor
sees to the execution of the laws after they have passed
both houses, and he has the power to bring forward
bills in the Reichstag and in the Bundesrath. In his
ofifice of executor of the decrees of the legislatures he
has authority to carry them out in all the states, even to
the use of force.

In the matter of customs the empire is a unit and all
legislation is for all parts of the country, except in the
free cities of Hamburg, Bremen, and Liibeck, and they
are at present free within their small city limits. Fed-
eral authority, also, has the legislation of tariff and
excise on all kinds of produce. The expenses are
estimated by a budget voted by the two houses in
advance and submitted annually. In case of need, the
exchequers of the several states may be drawn upon or
a loan negotiated by the passage of a federal law. The
emperor is obliged to render an account of receipts and
expenditures annually.

There is a circuit court (Amtsgericht) in each large

Judiciary. township, ovcr which are Landsgerichte with a right of

revision over the decisions of the Amtsgerichte. The
Oberlandsgerichte stand above these in turn and are
twenty-seven in number, extending over certain large



Appendix. 315

tracts of land that sometimes include several states. The
final court of appeals and for trial of cases of treason —
the Supreme Court of the empire — is situated at Leipzig,
where there are seventy-nine judges appointed by the
emperor with the consent of the Bundesrath. They are
divided into four criminal and six civil senates.

The emperor as the executor of the empire appoints
the ministers, who are responsible and who by custom Administration,
resign when a vote is passed in both houses against
them, or when their advice is not followed. These have
charge under the chancellor of the different departments
of state. They are : the minister of foreign affairs,
minister of interior, of justice, of finance, of the post and
telegraph, and of the navy. These ministers do not,
however, constitute a cabinet, because much work is
done by the permanent committees in the Bundesrath.

The German army is the most thoroughly organized
and scientificallv arranged body of men in the world. It

Aiinv and navy.

is composed in time of peace of 492,000 men and
ofificers, and in time of war of 2,234.631, counting all
branches. These are divided into nineteen Corps d' Ar-
mee, besides a Prussian Guard , and they are distributed
through the empire, eleven in Prussia and the rest
among the other states. Every German who is seven-
teen years old and able-bodied is liable under the con-
stitution of the cmjMre to service, and but for the peace
limit would be obliged to serve seven years — three in
active service and four in the reserves. Besides these
seven years, he is obliged to belong to the Landwehr
for five years more and to a|)piar for drill for several
weeks during each year. < )\ving to the necessity of
having the army distinctly inider one head, the Reichs-
tag votes the mf)ney for its support once in se\'en
vears instead of amiually. This is known as tlic .St-p-



316



Imperial Germany,



Slate con-
stitutions.



The
Herrenhaus.



tennate. Germany has seventeen fortified towns of the
first class and nineteen more of different sizes and
strength, and they are connected by underground tele-
graph wires and by a strategic system of railroads.

Since 187 1, the German navy has had a large growth.
The increase in colonial possessions has called for a
navy to protect German commerce and German interests
abroad. There are 212 ships with 18,500 men.

The state constitutions of Germany have come down
from feudal times and they have, therefore, totally
different traditions and sources. The final union in
1 87 1 found a heterogeneous group of independent
states, therefore, so jealous of their prerogatives that it
was necessary to make as few changes as possible in
each case. The Prussian constitution, however, is a
sufficiently good example to suggest the others. In
the early part of the century there existed only an
irresponsible ministry, as in all German duchies, with a
council appointed by the king. After the revolution in
March, 1849, came the grant from Frederick William
IV. of a constitution. It went into effect in January,
1850, and remains substantially the same to-day, sup-
])lying a basis for the formation of the imperial govern-
ment. The king appoints a council, including a presi-
dent — since 1871 he is also chancellor of the empire — a
vice-president, and a minister of the interior, a secretary
of state for the interior, a minister of war, of public
works, of agriculture, of justice, of worship and finance,
and these are all responsible to and removable by the
king.

The Herrenhaus, or the House of Lords, includes
princes, nobles, distinguished persons raised to the
peerage, representatives of the universities and of the
church, and burgomasters of the large towns. There



Appendix. 317

are also some members appointed by the crown not
necessarily for life. The Abgeordnetenhaus contains Jbleordne-
four hundred and thirty-two members, elected at the '"'ha"s.
rate of one for every sixty-six thousand inhabitants.
Their system of elections is, however, different from
that in the empire ; for the citizens vote by classes for
electors, who in turn vote for the representatives instead
of having direct suffrage by the people.

The other states of the empire are governed by con-
stitutions which vary in many details as a result of
diverse social and political conditions.

Alsace and Lorraine, acquired as a result of the
Franco-Prussian War of 1871, are imperial provinces
directly under the rule of the federal Parliament and
presided over in the name of the emperor by a stadt-
holder and an Upper House of twelve members ap-
jiointed by the emperor for three years. There is a
Lower House of fifty-eight members elected by a
limited suffrage. The inhabitants until within a few
years have voted bodily against the empire and their
enforced allegiance, and in the Reichstag their fifteen
representatives have, until 1S87, voted unanimously
against the government, but of late there are signs of a
division of opinion among them though the majority is
still strong against the government.

The history of Germany since 1871 is best followed
briefly in the three or four important questions which "if ""^^ ^'"""*^
have consumed the attention of all interested in the
political growth of the empire. After 1871 it btcanu-
the work fjf the government to foster the unity and
peace of the empire. Under the aged em])eror, William
I., and Prince Bismarck as chancellor, the establishment
of a uni\ersal system <>f monev, weights, and measures
was the first work. These acts had to be discussed in



3i8 Imperial Germany.

the Reichstag and the feeling in the soutli of Germany,
still strong against Prussia, added to the difference of
faith, quickly created several parties among the mem-
bers. The Prussian members, strongly in favor of the
Geiiiiaii government, formed the Conservative : the Catholics

''•"''*^*- formed what has been called the Center ; those de-

siring a more liberal interpretation of the laws of press
censorship, worship, education, etc., formed the National-
I^iberal party, and gradually the old republican-student
sentiment throughout the empire created a party called
the Social Democracy, which includes many of the
dissatisfied and radical members. There are several
subdivisions, but these four parties substantially repre-
sent the great party divisions.

In 1887, to secure the passage of the seven-year
budget for the army, the Conservatives, the National-
Liberals, and the German Imperialists combined at the
elections in order to gain a greater number of voters
and representatives. This Cartel, or Bund, was and is
still called the Cartel party.

On the 9th of March, 1888, the emperor died. Prince
Emper9r Frederick, who succeeded him, had been suffering from

i*^rc(icriclc •

what finally proved to be cancer of the larynx and he
survived his father only a few months, leaving behind
little work done, but having called forth a great venera-
tion from his subjects on account of his peaceful,
lenient spirit and his deep love for his countrymen's
welfare. He died June 15, 1888, and was succeeded
by his son William, who took the title of William II.
The young emperor is a soldier following the policy of
his grandfather. He spent the first year and a half of
his reign in traveling and visiting other crowned heads
in Europe. In the spring of 1890 a disagreement be-
tween him and the aged chancellor caused Bismarck's



Appendix. 3 1 9



resignation and the appointment of General von Caprivi,
who had been chief of the admiralty for several years.

The principal question since the formation of the
empire has been that of the position of the Catholics
and the pope with reference to the government through-
out the empire.

The formation of the Center, or Catholic party, was
the commencement of the struggle. Its original grew Kuiturkampf.
out of the refusal of the emperor, in 1871, to acknowl-
edge the doctrine that the pope was infallible and that
he had the right claimed under the old empire to
enforce decrees in temporal matters contrary to the
laws of the empire. The specific cause of the trouble
grew out of several acts similar to that of the bishop of
Eruland, who excommunicated a man who refused to
give credence to the infallibility doctrine. The bishop
was summarily dismissed from his ofifice by the state
because of his contempt for its authority and disregard
of free thought, and then followed the dismissal of the
Catholic department in the ministry of public worship
and education. Hcrr Falk, on January 17, 1872, was
appointed to succeed Muehlcr in tiie position of minister
of education and worship, because he was more in
sympathy with the government. Then began a series
of legislative acts replacing the authority of the state
where the Catholics had exercised power over people of
their faith in tcmi)oral matters. A law for tlie inspec-
tion of schools by the state was passed first. At this
the jjope refused to receive Cardinal Hohenlohe as
(jerman ambassador in May, and wiien in June the
Jesuits and similar branches of the Catholic Church
were expelled from all (iermanv, the contest became an *"''"tist
open one between the emperor and the pope. Was •i'"j"^,^"Jj.
the imi)erial authority l<' be supreme, or was it to allow



20 Imperial Germany.



Laws.



a power to exist in its midst that it confessedly was
obliged to obey ? The next ten years was one long^
contest upon that point. In 1873, in the month of
May, Herr Falk, at Bismarck's dictation, brought for-
ward and carried in the Reichstag what are known as

The 'May the May Laws, the repeal of which was the one task of

the Center party in the Reichstag from that time forth.
These May Laws made the discharge and exile of
bishops legal when they acted against the decrees of
the existing government. They made it obligatory that
e\'ery bishop be educated in a gymnasium or public
high school, according to the regular German system,
and they established an imperial court for the settlement
of ecclesiastical difificulties. This last virtually took the
decision in religious matters away from the church into
the hands of the state. In 1874 a supplementary law
making it criminal for bishops who had been dismissed
to persist in exercising their former prerogatives, was
added to the list ; for after the laws of 1873, the
Catholic clergy at the decree of the pope had gone
on with their work as before. Finally, in 1875, January
25, a law was carried through the Reichstag establish-
ing civil as well as religious marriage.

It became necessary to pass an act in March, 1875,
prohibiting any payment to bishops who had not put in
writing under oath their promise to obey all the laws of
the state, and on February 10, 1876, the legislation
against the Catholics finally reached its height in a law
making it a criminal of?ense to use the pulpit for politi-

Papai cal purposes. Pius IX. issued an encyclical against the

emperor and denied his right to make any such decrees,

and the af?air seemed likely to take all the attention of

the empire. 1

At this point there came a sudden change. Pius IX.



encyclical.



Appendix. 321

died in 1877. Leo XIII. and his cardinal, Franclii, be-
gan in a more conciliatory manner, and then, too, the
stability of the empire was much more firmly established


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