A GLANCE AT PRUSSIAN POLITICS.

_PART II._

We come now to the beginning of the present stage in the development of

constitutional government in Prussia. It will have been noticed that the

promises of Frederick William III. were not that he would grant a

strictly popular constitution. His intention was that the different

estates of the realm should be represented in the proposed national

diet, the constitution recognizing a difference in the dignity of the

different classes of inhabitants, and giving to each a share in the

national government proportionate to its dignity. His son, at his

coronation, promised to maintain the efficiency of the ordinances of

June 5, 1823, and to secure a further development of the principles of

this (so-called) constitution. Encouraged by this assurance, the

Liberals labored to secure from him the full realization of their hopes.

Frederick William IV. was just the man with whom such exertions could be

used with good hope of success. He was intelligent enough to be fully

conscious of the fact and the significance of the popular request for a

constitution, and, though of course personally disinclined to reduce his

power to a nullity, he had yet not a strong will, and had no wish to

involve himself in a conflict with his subjects. Accordingly, in 1841,

he convoked a diet in each province, and proposed the appointment of

committees from the estates, who should act as counsel to the king when

the provincial diets were not in session. These diets in subsequent

sessions discussed the subject of a national diet, and proposed to the

king the execution of the order issued in 1815. At length, February 8,

1847, he issued a royal charter, introducing, in fact, what had so often

and so long before been promised, a constitution. The substance of the

charter was that, as often as the Government should need to contract a

loan, or introduce new taxes, or increase existing taxes, the diets of

the provinces should be convoked to a national diet; that the committees

of the provincial diets (as appointed in 1842) should be henceforth

periodically, as one body, convoked; that to the diet, and, when it was

not in session, to the committee, should be conveyed the right to have a

_deciding_ voice in the above-mentioned cases. April 11, 1847, the diet

assembled for the first time; January 17, 1848, the united committee of

the estates.

How long the nation would have remained contented with this concession

to the request for a national representation under ordinary

circumstances, is quite uncertain. In point of fact, this constitution

hardly lived long enough to be christened with the name. Early in 1848

the French Revolution startled all Europe--most of all, the monarchs.

They knew how inflammable the masses were; they soon saw that the masses

were inflamed, and that nothing but the most vigorous measures would

secure their thrones from overthrow. Frederick William Was not slow to

see the danger, and take steps to guard Prussia against an imitation of

the Parisian insurrection. On the 14th of March he issued an order

summoning the diet to meet at Berlin on the 27th of April. Four days

later he issued another edict ordering the diet to convene still

earlier, on the 2d of April. This proclamation is a characteristic

document. It was issued on the day of the Berlin revolution. It was an

hour of the most critical moment. There was no time for long

deliberation, and little hope for the preservation of royalty, unless

something decided was done at once. He might have tried the experiment

of violently resisting the insurgents; but this was not in accordance

with his character. He preferred rather to resign something than to run

the risk of losing all. Accordingly he yielded. In this proclamation,

after alluding to the occasion of it, he publishes his earnest desire

for the union of Germany against the common danger. 'First of all,' he

says, 'we desire that Germany be transformed from a confederation of

states (_Staatenbund_) to one federal state (_Bundesstaat_).' He

proposes a reorganization of the articles of union in which other

representatives besides the princes should take part; a common army;

freedom of trade; freedom of emigration from one state to another;

common weights, measures, and coins; freedom of the press--in short, all

that the most enthusiastic advocate of German unity could have asked. At

the same time was published a law repealing the censorship of the press.

On the 21st of the same month he put forth an address, entitled 'To my

people and to the German nation.' In this, after saying that there was

no security against the threatening dangers except in the closest union

of the German princes and peoples, under one head, he adds: 'I assume

to-day this leadership for this time of danger. My people, undismayed by

the danger, will not abandon me, and Germany will confidingly attach

itself to me. I have to-day adopted the old German colors, and put

myself and my people under the venerable banner of the German Empire.

Henceforth Prussia passes over into Germany.' But all this was more

easily said than done. Whatever the German people may have wished, the

other German rulers could not so easily overcome their jealousies. The

extreme of the danger passed by, and with it this urgent demand for a

united Germany.

But the diet came together. The king laid before it the outline of a

constitution, the most important provisions of which were that there

should be guaranteed to all the right to hold meetings without first

securing consent from the police; civil rights to all, irrespective of

religious belief; a national parliament, whose assent should be

essential to the making of all laws. These propositions were approved by

the diet, which now advised the king to call together a national

assembly of delegates, elected by the people, to agree with him upon a

constitution. This was done; the assembly met on the 22d of May, and was

opened by the king in person. He laid before the delegates the draught

of a constitution, which they referred to a committee, by whom it was

elaborated, and on the 26th of July reported to the assembly. The

deliberation which followed had, by the 9th of November, resulted only

in fixing the preamble and the first four articles. At this time an

order came to the assembly from the king, requiring the members to

adjourn to the 27th, and then come together, not at Berlin, but

Brandenburg. The reason of this was that the assembly manifested too

much of an inclination to infringe on the royal prerogatives, and that

its place of meeting was surrounded by people who sought by threats,

and, in some cases, by violence, to intimidate the members. The king was

now the less inclined to be, or seem to be, controlled by such

terrorism, as the fury of the revolutionary storm was now spent; the

militia had been summoned to arms; and had not hesitated to obey the

call. The troops, under the lead of Field-Marshal Wrangel, were

collected about Berlin. The majority of the National Assembly, which had

refused to obey the royal order to adjourn to Brandenburg, and was

proceeding independently in the prosecution of its deliberations

respecting the constitution, was compelled, by military force, to

dissolve. Part of them then went to Brandenburg, and, not succeeding in

carrying a motion to adjourn till December 4, went out in a body,

leaving the assembly without a quorum. The king now thought himself

justified in concluding that nothing was to be hoped from the labors of

this body, and therefore, on the 5th of December, dissolved it.

Some kings, under these circumstances, might have been inclined to have

nothing more to do with constitution making. If we mistake not, the

present king, with his present spirit, would have thought it right to

make the turbulent character of the convention and of the masses a

pretext for withholding from them the power to stamp their character on

the national institutions. Such a course might probably have been

pursued. The king had control of the army. The excesses of the Liberals

began to produce a reaction. The National Assembly, during its session

in Berlin, after it had been adjourned by the king, had resolved that

the royal ministry had no right to impose taxes so long as the assembly

was unable peaceably to pursue its deliberations, and designed, by

giving this resolution the form of a law, to lead the people in this

manner to break loose from the Government. This attempt to usurp

authority was doomed to be disappointed. The assembly, having

overstepped its prerogatives, lost its influence. The king found himself

again in possession of the reins of power. It rested with him to punish

the temerity of the people by tightening the reins, or on his own

authority, without the cooeperation of any assembly, to give the nation a

constitution. To take the former course he had not the courage, even if

he had wished to do so; besides, he doubtless saw clearly enough that,

though such a policy might succeed for a time, it would ultimately lead

to another outbreak. He had, too, no great confidence in his power to

win toward his person the popular favor. With all his talents and

amiable traits, he had not the princely faculty of knowing how to

inspire the people with a sense of his excellences, and was conscious of

this defect. He chose not unnecessarily to increase an estrangement

which had already been to him a source of such deep mortification. He

therefore issued, on the 5th of December, immediately after dissolving

the National Assembly, a constitution substantially the same as that

which still exists, with the statement prefixed that it should not go

into operation until after being revised. This revision was to be made

at the first session of the two chambers, to be elected in accordance

with an election law issued on the next day.

The two chambers met February 26, 1849. After a session of two months,

during which the lower chamber showed a disposition to modify the

constitution more than was agreeable to the king, the upper chamber was

ordered to adjourn, the lower was dissolved, and a new election ordered.

The new Parliament met August 7. The revision was completed on the last

of January, 1850. On the 6th of February, the king, in the presence of

his ministers and of both chambers, swore to observe the constitution.

Before doing so, he made an address, in which he explained his position,

alluding in a regretful strain to the scenes of violence in the midst of

which the constitution had been drawn up, expressing his gratitude to

the chambers for their assistance in perfecting the hastily executed

work, calling upon them to stand by him in opposition to all who might

be disposed to make the liberty granted by the king a screen for hiding

their wicked designs against the king, and declaring: 'In Prussia, the

king must rule; and I do not rule because it is a pleasure, God knows,

but because it is God's ordinance; therefore, I _will reign_. A free

people under a free king--that was my watchword ten years ago; it is the

same to-day, and shall be the same as long as I live.' The ministers and

the members of the two chambers, after the king had sworn to support

the constitution, took the same oath, and in addition one of loyalty to

the king. The new government was inaugurated. Prussia had become a

limited monarchy.

It is at this point appropriate to take a general view of the Prussian

constitution itself. It has been variously amended since 1850, but not

changed in any essential features; without dwelling on these amendments,

therefore, we consider it as it now stands.

As to the king: he is, as such, wholly irresponsible. He cannot be

called to account for any act which he does in his capacity as monarch.

But his ministers may be impeached. They have to assume and bear the

responsibility of all royal acts. None of these acts are valid unless

signed by one or more of the ministers. To the king is intrusted all

executive power; the command of the army; the unconditioned right of

appointing and dismissing his ministers, of declaring war and concluding

peace, of conferring honors and titles, of convoking the national diet,

closing its sessions, proroguing and dissolving it. He _must_, however,

annually call the Houses together between November 1 and the middle of

January, and cannot adjourn them for a longer period than thirty days,

nor more than once during a session, except with their own consent.

Without the assent of the diet he cannot make treaties with foreign

countries nor rule over foreign territory. He has no independent

legislative power, except so far as this is implied in his right to

provide for the execution of the laws, and, when the diet is not in

session, in case the preservation of the public safety or any uncommon

exigency urgently demands immediate action. All such acts, however,

must, at the next session of the Houses, be laid before them for

approval.

The ministry consists of nine members, under the presidency of the

minister of foreign affairs; besides him are the ministers of finance,

of war, of justice, of worship (religious, educational, and medicinal

affairs), of the interior (police and statistical affairs), of trade and

public works (post office, railroad affairs, etc.), of agricultural

affairs, and of the royal house (matters relating to the private

property of the royal family). The supervision exercised by the ministry

over the various interests of the land is much more immediate and

general than that of the President's cabinet in the United States. Now,

however, their authority in these matters is of course conditioned by

the constitution and the laws. The ministers are allowed to enter either

House at pleasure, and must always be heard when they wish to speak. On

the other hand, either House can demand the presence of the ministers.

The legislative power is vested in the king and the two Houses of

Parliament. The consent of all is necessary to the passing of every law.

These Houses (at first called First and Second Chambers, now House of

Lords and House of Delegates--_Herrenhaus_ and _Abgeordnetenhaus_) must

both be convoked or prorogued at the same time. In general a law may be

first proposed by the king or by either of the Houses. But financial

laws must first be discussed by the House of Delegates; and the budget,

as it comes from the lower to the upper House, cannot be amended by the

latter, but must be adopted or rejected as a whole.

The House of Lords is made up of various classes of persons, all

originally designated by the king, though in the case of some the office

is hereditary. They represent the nobility, the cities, the wealth, and

the learning of the land. Each of the five universities furnishes a

member. The king has the right to honor any one at pleasure, as a reward

for distinguished services, with a seat in this body. Of course, as the

members hold office for life, and hold their office by the royal favor,

it may generally be expected to be a tolerably conservative body, and to

vote in accordance with the wishes of the king.

The House of Delegates consists of three hundred and fifty-two members,

elected by the people, but not directly. They are chosen, like our

Presidents, by electors, who are directly chosen by the people. Two

hundred and fifty inhabitants are entitled to one elector. Every man

from the age of twenty-five is allowed to vote unless prohibited for

specific reasons. But strict equality in the right of suffrage is not

granted. The voters of each district are divided into three classes, the

first of which is made up of so many of the largest taxpayers as

together pay a third of the taxes; the second, of so many of the next

richest as pay another third; the last class, of the remainder. Each of

these divisions votes separately, and each elects a third part of the

electors. The House of Delegates is chosen once in three years, unless

in the mean time the king dissolves it, in which case a new election

must take place at once.

As to the rights of Prussians in general, the constitution provides that

all in the eye of the law are equal. The old distinctions of classes

still exists: there are still nobles, with the titles prince, count, and

baron; but the special privileges which they formerly enjoyed are not

secured to them by the constitution. The king can honor any one with the

rank of nobility; but the name is the most that can be conferred. In

most cases the right of primogeniture does not prevail, so that the

aristocracy of Prussia is of much less consequence than that of England.

The poverty which so often results from the division of the estates of

nobles has led to the establishment of numerous so-called

_Fraeuleinstifter_--charitable foundations for such a support of poor

female members of noble families as becomes their rank. Many of these

institutions were formerly nunneries. It is further provided by the

constitution that public offices shall be open to all; that personal

freedom and the inviolability of private property and dwellings shall be

secured; that all shall enjoy the right of petition, perfect freedom of

speech, the liberty of forming organizations for the accomplishment of

any legal object; that a censorship of the press can in no case be

exercised, and that no limitation of the freedom of the press can be

introduced except by due process of law; that civil and political rights

shall not be affected by religious belief, and that the right of filling

ecclesiastical offices shall not belong to the state. Only 'in case of

war or insurrection, and of consequent imminent danger,' has the

Government a right to infringe on the above specified immunities of the

citizens and the press.

The foregoing is all that need be given in order to convey a general

idea of what the Prussian constitution is. It is in its provisions so

specific and clear, that one would hardly expect that disputes

respecting its meaning could have reached the height of bitterness which

has characterized discussions of its most fundamental principles. The

explanation of this fact is to be sought in the mode of the introduction

of the constitution itself. The English constitution has been the growth

of centuries; the Prussian, of a day. The latter, moreover, was not,

like ours, the fundamental law of a new nation, but a constitution

designed to introduce a radical change in the form of a government

which, during many centuries, had been acquiring a fixed character. It

undertook to remodel at one stroke the whole political system. Not

indeed as though there had been no sort of preparation for this change.

The general advance in national culture, the general anticipation of the

change, as well as the actual approaches toward it in the administrative

measures of Frederick the Great and Frederick William III., paved the

way for the introduction of a popular element in the Government.

Nevertheless, the actual, formal introduction itself was sudden. The

constitution was not, in the specific form which it took, the result of

experience and experiment. And, as all history shows, attempts to fix or

reconstruct social systems on merely theoretical principles are liable

to fail, because they cannot foresee and provide for all the

contingencies which may interfere with the application of the theories.

Moreover, in the case of Prussia, as not in that of the United States,

the constitution was not made by the people for themselves, but given to

them by a power standing over against them. There was, therefore, not

only a possibility, as in any case there might be, that the instrument

could be variously interpreted on account of the different modes of

thinking and difference of personal interests, which always affect men's

opinions; but there was here almost a certainty that this would be the

case on account of the gulf of separation which, in spite of all the

bridges which often are built over it, divides a monarch, especially an

absolute, hereditary monarch, from his subjects. In the case before us,

it is certain that the king conceded more than he wished to concede, and

that the people received less than they wished to receive. That they

should agree in their understanding of the constitution is therefore not

at all to be expected. The most that the well wishers of the land could

have hoped was that the misunderstandings would not be radical, and that

in the way of practical experience the defects of the constitution might

be detected and remedied, and the mutual relations of the rulers and the

ruled become mutually understood and peacefully acquiesced in.

What the Prussian Conservatives so often insist on, viz., that a

constitutional government should have been gradually developed, not

suddenly substituted for a form of government radically different, is

therefore by no means without truth. Whether we are to conclude that the

fault has been in the process not beginning sooner, or merely in its

being too rapid, is perhaps a question in which we and they might

disagree. On the supposition that the present state of intelligence

furnishes a sufficient basis for a constitutional government, it would

seem as though the last fifty years has been a period long enough in

which to put it into successful operation. All that the present

generation know of politics has certainly been learned within that time:

if the mere practical exercise of political rights is all that is needed

in order to develop the new system, there might at least an excellent

beginning have been made long before 1850. When we consider, therefore,

that the Government, after taking the initiatory steps in promoting this

development, stopped short, and rather showed a disposition to

discourage it entirely, these clamors of the Conservatives must seem

somewhat out of taste. To Americans especially, who can accommodate

themselves to changes, even though they may be somewhat sudden, such

pleas for more time and a more gradual process may appear affected, if

not puerile. It must be remembered, however, that to a genuine German

nothing is more precious than a process of development. Whatever is not

the result of a due course of _Entwickelung_, is a suspicious object.

Anything which seems to break abruptly in upon the prescribed course is

abnormal. Whatever is produced before the embryonic process is complete

is necessarily a monster, from which nothing good can be hoped. The same

idea is often advanced by the Conservatives in another form. The

Liberals, they say, are trying to break loose from _history_. A

prominent professor, in an address before an assembly of clergymen in

Berlin, defined the principle of democracy to be this: 'The majority is

subject to no law but its own will; it is therefore limited by no

historically acquired rights; history has no rights over against the

sovereign will of the present generation.' By historically acquired

rights is meant in particular the right of William I. to rule

independently because his predecessors did so. By what right the great

elector robbed the nobles of their prerogatives, and how, in case he did

wrong in thus disregarding _their_ 'historically acquired rights,' this

wrong itself, by being continued two hundred years, becomes, in its

turn, an acquired right, is not explained in the address to which we

allude. The principal fault to be found with such reasoning as this of

the Prussian Conservatives, is that it is altogether too vague and

abstract. There can be no development without something new; there can

be, in social affairs, nothing new without some sort of innovation.

Innovation, as such, can therefore not be condemned without condemning

development. Moreover, development, as the organic growth of a political

body, is something which takes care of itself, or rather is cared for by

a higher wisdom than man's. To object to a proposed measure nothing more

weighty than that it will not tend to develop the national history, has

little meaning, and should have no force. The only question in such a

case which men have to consider is whether the change is justified by

the fundamental principles of right, be it that those principles have

hitherto been observed or not.

What makes the arguments of the Conservatives all the more impertinent,

however, is the fact that the question is no longer whether the

constitution ought to be introduced, but whether, being introduced, it

shall be observed. This is for the stiff royalists not so pleasant a

question. Prussia _is_ a constitutional monarchy; the king has taken an

oath to rule in accordance with the constitution. It may be, undoubtedly

is, true that none of the kings have wished the existence of just such a

limit to their power; but shall they therefore try to evade the

obligation which they have assumed? The Conservatives dare not say that

the constitution ought to be violated, for that would look too much like

the abandonment of their fundamental principle; they also hardly venture

to say that they would prefer to have the king again strictly absolute,

for that would look like favoring regression more than conservatism. Yet

many have the conviction that an absolute monarchy would be preferable

to the present, while the arguments of all have little force except as

they tend to the same conclusion. The point of controversy between them

and their opponents is often represented as being essentially this:

Shall the king of Prussia be made as powerless as the queen of England?

Against such a degradation of the dignity of the house of Hohenzollern

all the convictions and prejudices of the royalists revolt. Such a

surrender of all personal power, they say, and say truly, was not

designed by Frederick William IV. when he gave the constitution; to ask

the king, therefore, in all his measures to be determined by the House

of Delegates, is an unconstitutional demand. It is specially provided

that the _king_ shall appoint and dismiss his own ministers; to ask him,

therefore, to remove them simply because they are unacceptable to the

House of Delegates, is to interfere with the royal prerogatives. The

command of the army and the declaration of war belong only to the king;

to binder him, therefore, in his efforts to maintain the efficiency of

the army, or in his purposes to wage war or abstain from it, is an

overstepping of the limits prescribed to the people's representatives.

We have here hinted at the principal elements in the controversy between

the opposing political parties of Prussia. It is not our object to enter

into the details of the various strifes which have agitated the land

during the last sis years, but only to sketch their general character.

The query naturally arises, when one takes a view of the whole period,

which has elapsed since the constitution was introduced, why the contest

did not begin sooner. The explanation is to be found in the fact that

until the present king began to rule, the Liberals in general did not

vote at the elections. It will be remembered that the previous king

absolutely refused to deal with the assembly which met early in 1849 to

consider the constitution, and ordered a new election. At this election

the Liberals saw that, if they reflected the old members, another

dissolution would follow, and they therefore mostly staid away from the

polls. Afterward, when the constitution had been formally adopted, the

Government showed a determination to put down all liberal movements;

consequently the Liberals made no special attempts to move. The

Parliament was conservative, and so there was no occasion for strife

between it and the king. Not till William I. became regent in place of

his incapacitated brother, in 1859, did the struggle begin. The policy

of the previous prime minister Manteuffel had produced general

discontent. The people were ready to move, if an occasion was offered.

It is therefore not to be wondered at that, when the new sovereign

announced his purpose to pursue a more liberal course than his brother,

the Liberal party raised its head, and sought to make itself felt. The

new ministry was liberal, and for a while it seemed as though a new

order of things had begun. But this was of short duration. The House of

Delegates, consisting in great part of Liberals (or, to speak more

strictly, of _Fortschrittsmaenner_--Progress men--_Liberal_ being the

designation of a third party holding a middle course between the two

extremes, a party, however, naturally tending to resolve itself into the

others, and now nearly extinct) urged the Government to adopt its

radical measures. The king began to fear that, if he yielded to all the

wishes of the House, he would lose his proper dignity and authority. He

therefore began to pursue a different policy: the more urgently the

delegates insisted on liberal measures, the less inclined was the king

to regard their wishes. He had wished himself to take the lead in

inaugurating the new era; as soon as others, more ambitious, went ahead

of him, he took the lead again, by turning around and pulling in the

opposite direction. The principal topics on which the difference was

most decided were the ecclesiastical and the financial relations of the

Government. Although the constitution provides for the perfect freedom

of the church from the state, the union still existed, and indeed still

exists. The House of Delegates attempted to induce the Government to

carry out this provision of the constitution. There is no doubt that the

motive of many of these attempts to divide church and state is a

positive hostility to Christianity. The partial success which has

followed them, viz., the securing of charter rights for other religious

denominations than the Evangelical Church (_i.e._, the Union Church,

consisting of what were formerly Lutheran and Reformed churches, but in

1817 united, and forming now together the established church), has given

some prominence to the so-called _Freiegemeinden_, organizations of

freethinkers, who, though so destitute of positive religious belief that

in one case, when an attempt was made to adopt a creed, an insuperable

obstacle was met in discussing the first article, viz., on the existence

of God, yet meet periodically and call themselves religious

congregations. There are, moreover, many others, regular members of the

established church, who have no interest in religious matters, and would

for that reason like to be freed from the fetters which now hold them.

There are, however, many among the best and most discreet Christians

who, for the good of the church, wish to see it weaned from the breast

of the state. But the great majority of the clergy, especially of the

consistories (the members of which are appointed by the Government,

mediately, however, now, through the _Oberkirchenrath_), are decidedly

opposed to the separation; and, as they speak for the churches, the

provision of the constitution allowing the separation is a dead letter.

There is no denying that, if it were now to be fully carried out, the

consequences to the church might be, for a time at least, disastrous.

The people have always been used to the present system; they would

hardly know how to act on any other. Moreover, a large majority of the

church members are destitute of active piety; to put the interests of

religion into the hands of such men would seem to be a dangerous

experiment. Especially is it true of the mercantile classes, of those

who are pecuniarily best able to maintain religious institutions, that

they are in general indifferent to religious things. This being the

case, one cannot be surprised at the reluctance of those in

ecclesiastical authority to desire the support of the state to be

withdrawn. Neverheless it cannot but widen the chasm between the

established church and the freethinkers, that the former urges upon the

Government to continue a policy which is plainly inconsistent with the

constitution, and that the Government yields to the urging.

A more vital point in the controversy between the king and the Liberals

was the disposition of the finances. The House of Delegates, in the

session lasting from January 14 to March 11, 1862, insisted on a more

minute specification than the ministry had given of the use to be made

of the moneys to be appropriated. The king at length, wearied with their

importunity, dissolved the House, upon which a new election followed in

the next month. The excitement was great. The Government seems to have

hoped for a favorable result, at least for a diminution of the Liberal

majority. The Minister of the Interior issued a communication to all

officials, announcing that they would be expected to vote in favor of

the Government. A similar notification was made to the universities, but

was protested against. Most of the consistories summoned the clergymen

to labor to secure a vote in favor of the king. But in spite of all

these exertions, the new House, like the other, contained an

overwhelming majority of Progress men. At the beginning of the new

session in May, however, both parties seemed more yielding than before.

Attention was given less to questions of general character, more to

matters of practical concern. But at last the schism developed itself

again. The king had determined to reorganize and enlarge the army, to

which end larger appropriations were needed than usual. The military

budget put the requisite sum at 37,779,043 thalers (about twenty-five

million dollars); the House voted 31,932,940, rejecting the proposition

of the minister by a vote of three hundred and eight to eleven. A change

in the ministry followed, but not a change such as would be expected in

England--just the opposite. At the dissolution of the previous House the

Liberal ministry had given place to a more conservative one; now this

conservative one gave place to one still more conservative, Herr von

Bismarck became Minister of State. The House then voted that the

appropriations must be determined by the House, else every use made by

the Government of the national funds would be unconstitutional. The

king's answer to this was an order closing the session. A new session

began early in 1863. The same controversy was renewed. The king had

introduced his new military scheme; he had used, under the plea of stern

necessity, money not voted by Parliament. He declared that the good of

the country required it, and demanded anew that the House make the

requisite appropriation. But the House was not to be moved. So far from

wishing an increase of the military expenses, the Liberal party favored

a reduction of the term of service from three to two years. The king

affirmed that he knew better what the interests of the nation required,

and, as the head of the army, he must do what his best judgment dictated

respecting its condition. Thus the session passed without anything of

consequence being accomplished. The House of Lords rejected the budget

as it came from the other chamber, and the delegates would not retreat.

Consequently another dead lock was the result. The mutual bitterness

increased. Minister von Bismarck, a man of considerable talent, but not

of spotless character, and exceedingly offensive in his bearing toward

his opponents, became so odious that the delegates seemed ready to

reject any proposition coming from him, whether good or bad. They tried

to induce the king to remove him. But this was like the wind trying to

blow off the traveller's coat. Instead of being moved by such

demonstrations to dismiss the premier, the king manifested in the most

express manner his dissatisfaction with such attempts of the House to

interfere with his prerogatives. One might think that he had resolved to

retain Bismarck out of pure spite, though he might personally be ever so

much inclined to drop him. The controversy became more and more one of

opposing wills. May 22, the House voted an address to the king, stating

its views of the state of the country, the rights of the House, etc.,

and expressing the conviction that this majesty had been misinformed by

his counsellors of the true state of public feeling. The king replied to

the address a few days later, stating that he knew what he was doing and

what was for the good of the people; that the House was to blame for the

fruitlessness of the session; that the House had unconstitutionally

attempted to control him in respect to the ministry and foreign affairs;

that he did not need to be informed by the House what public sentiment

was, since Prussia's kings were accustomed to live among and for the

people; and that, a further continuance of the session being manifestly

useless, it should close on the next day. Accordingly it was closed

without the passage of any sort of appropriation bill, and the

Government, as before, ruled practically without a diet.

We do not propose to arbitrate between the affirmations of the

Conservatives, on the one hand, that the _animus_ of the opposition was

a spirit of disloyalty toward the Government, an unprincipled and

unconstitutional striving to subvert the foundations of royalty, and

introduce a substantially democratic form of government, and the

complaints of the opposition, on the other hand, that the ministry was

trying to domineer over the House of Delegates, and reduce its practical

power to a nullity. We may safely assume that there is some truth in

both statements. Where the dispute is chiefly respecting motives, it

must always be difficult to find the exact truth. In behalf of the

Conservatives, however, it may be said that the Liberals have

undoubtedly been aiming at a greater limitation of the royal power than

the constitution was designed by its author to establish. Frederick

William IV. proposed to rule _in connection with_ the representatives of

the people. The idea of becoming a mere instrument for the execution of

their wishes, was odious to him, and is odious to his successor. That

such a reduction of the kingly office, however, is desired and designed

by many of the Progress party, is hardly to be questioned. But, on the

other hand, it is hard to see, in case the present policy of the

Government is carried through, what other function the diet will

eventually have than simply that of advising the king and acting as his

mere instrument, whenever he lays his plans and asks for the money

necessary for their execution. This certainly cannot accord with the

article of the constitution which declares that the legislative power

shall be 'jointly' (_gemeinschaftlich_) exercised by the king and the

two Houses.

It is all the less necessary to consider particularly the character of

the measures proposed and opposed, and the personal motives of the

prominent actors in the present strife, inasmuch as the parties

themselves are fighting no longer respecting special, subordinate

questions, but respecting the fundamental principle of the Government,

the mutual relation which, under the constitution, king and people are

to sustain to each other. From this point of view it is not difficult to

pass judgment on the general merits of the case. If we inquire where, if

at all, the constitution has been formally violated, there can be no

doubt that the breach has been on the side of the Government. That the

consent of the diet is necessary to the validity act fixing the use of

the public moneys, is expressly stated in the constitution. That the

Government, for a series of years, has appropriated the funds according

to its own will, without obtaining that consent, is an undeniable matter

of fact. It is true that the king and his ministers do not acknowledge

that this is a violation of the constitution, claiming that the duty of

the king to provide in cases of exigency for the maintenance of the

public weal, authorizes him, in the exigency which the obstinacy of the

delegates has brought about, to act on his own responsibility. The

Government must exist, they say, and to this end money must be had; if

the House will not grant it, we must take it. That this is a mere

quibble, especially as the exigency can be as easily ascribed to the

obstinacy of the king as to that of the delegates, may be affirmed by

Liberals with perfect confidence, when, as is actually the case, all

candid Conservatives, even those of the strictest kind, confess that

_formally_, at least, the king has acted unconstitutionally. And, though

in respect to the financial question, they may justify this course while

confessing its illegality, it is not so easy to do so in reference to

the press law made by the king four days after closing the session of

the diet. This law established a censorship of the press, which was

aimed especially against all attacks in the newspapers on the policy

of the Government, the plea being that the Liberal papers were

disturbing the public peace and exciting a democratic spirit. The

unconstitutionality of this act was as palpable as its folly. Only in

case of war or insurrection is any such restriction allowed at all; the

wildest imagination could hardly have declared either war or

insurrection to be then existing. Moreover, even in case of such an

exigency, the king has a right to limit the freedom of the press only

when the diet is not in session and the urgency is too great to make it

safe to wait for it to assemble. But in this call it is manifest not

only that the king was not anxious to have the cooeperation of the

Houses, but that he positively wished _not_ to have it. No one imagines

that he conceived the whole idea of enacting the law _after_ he had

prorogued the diet; certainly nothing new in the line of public danger

had arisen in those four days to justify the measure. Besides, he knew

that the House of Delegates would not have approved it. It was, in fact,

directly aimed at their supporters. A plainer attack on their

constitutional rights could hardly have been made.

But the delegates were sent home, so that they were now not able to

disturb the country by their debates. The Conservatives rejoiced in

this, seeming to think that the only real evil under which the country

was suffering was the 'gabbling' of the members of the diet. Moreover,

the press law, unwise and unconstitutional as many of the Conservatives

themselves considered and pronounced it, was in force, so that the

editorial demagogues also were under bit and bridle. It was hoped that

now quiet would be restored. The German diet at Frankfort-on-the-Maine

turned public attention for a time from the more purely internal

Prussian politics. But this was a very insufficient diversion. In fact,

the course of William I., in utterly refusing to have anything to do

with the proposed remodelling of the articles of confederation, the

object of which was to effect a firmer union of the German States,

although no Prussian had the utmost confidence in the sincerity of the

Austrian emperor, yet ran counter to the wishes of the Liberals, and

even of many Conservatives. The same feeling which fifty years ago gave

rise to the _Burschenschaft_ displayed itself unmistakably in the

enthusiasm with which Francis Joseph's invitation was welcomed by the

Germans in general. The king of Prussia did not dare to declare against

the proposed measure itself. Acknowledging the need of a revision of the

articles, he yet declined to take part in the diet, simply because, as

he said, before the princes themselves came together for so important a

deliberation, some preliminary negotiations should have taken place.

There is little reason to doubt, however, that his real motive was a

fear lest, if he should commit himself to the cause of German union, he

would seem to be working in the interests of the Liberals. For, as of

old, so now, the most enthusiastic advocates of a consolidation of the

German States are the most inclined to anti-monarchical principles;

naturally enough, since a firm union of states, utterly distinct from

each other, save as their rulers choose to unite themselves, while yet

each ruler in his own land is independent of the others, and each has

always reason to be jealous of the other, is an impossibility. This

jealousy was conspicuous in the case of Prussia and Austria during the

session of this special diet, in the summer of 1863. It was shared in

Prussia not only by the king and his special political friends, but by

many of the Liberals. It was perhaps in the hope that the national

feeling had received a healthful impulse by the developments of

Austria's ambition to obtain once more the hegemony of Germany, that the

king soon after _dissolved_ the House of Delegates, which in June he had

prorogued. A new election was appointed for October 20. Most strenuous

efforts were made by the Government to secure as favorable a result as

possible. Clergymen were enjoined by the Minister of Instruction to use

their influence in behalf of the Government. Officials were notified

that they would be expected to vote for Conservative candidates, a hint

which in Prussia cannot be so lightly regarded as here, since voting

there is done _viva voce_. But, in spite of all these exertions, the

Progress men in the new House were as overwhelmingly in the majority as

before. On assembling, they reelected the former president, Grabow, by a

vote of two hundred and twenty-four to forty. And the same old strife

began anew.

So little, then, had been accomplished by attempts forcibly to put down

the opposition party. Many newspapers had received the third and last

warning for publishing articles of an incendiary character, though none,

so far as we know, were actually suspended; a professor in Koenigsberg

had been deposed for presiding at a meeting of Liberals; a professor in

Berlin had been imprisoned for publishing a pamphlet against the policy

of the Government. There were even intimations that, unless the

opposition yielded, the king would suspend the constitution, and

dispense entirely with the cooeperation of the Parliament. But whether or

not this was ever thought of, he showed none of this disposition at the

opening of the session. His speech, though containing no concessions,

was mild and conciliatory in tone. Perhaps he saw that a threatening

course could not succeed, and was intending to pursue another. He

declared his purpose to suggest an amendment to the constitution

providing for such cases of disagreement between the two Houses as had

hitherto obstructed the legislation. This was afterward done. It was

proposed that, whenever no agreement could be secured respecting the

appropriations, the amount should be the same as that of the foregoing

year. This, however, was not approved by the House of Delegates. The

same disagreement occurred as at the previous sessions, intensified now

by the increased demands of the Government on account of the threatened

war in Schleswig-Holstein. A loan of twelve million thalers was

proposed; but the House refused utterly to authorize it unless it could

be known what was the use to be made of it. This information Minister

Bismarck would not give. The dispute grew more and more sharp. The old

causes of discussion were increased by the fact that Prussia, in

reference to the disputed succession in Schleswig-Holstein, set itself

against the popular wish to have the duchy absolutely separated from

Denmark and put under the rule of the prince of Augustenburg. In fact,

in this particular, whatever may be thought elsewhere respecting the

merits of the war which soon after broke out, the policy of the

Government was nearly as odious to most Conservatives as to the

Liberals. They said, the king should have put himself at the head of the

national, the German demand for the permanent relief of their fellow

Germans in Schleswig-Holstein; he should have taken the cause out of the

sphere of party politics; thus he might have regained his popularity and

united his people. This is quite possible; but it is certain that he did

not take this course. He seemed to regard the movement in favor of

Prince Frederick's claims to the duchy as a democratic movement. It was

so called by the more violent Conservatives. The king, after failing to

take the lead, could not now, consistently with his determination to be

independent, fall in with the crowd; this would seem like yielding to

pressure. Besides, he felt probably more than the Prussian people in

general the binding force of the London treaty. Yet, as a German, he

could not be content to ignore the claims of the German inhabitants of

the duchy; there was, therefore, no course left but to make hostile

demonstrations against Denmark. The pretext was not an unfair one. The

November constitution, by which Denmark, immediately after the accession

of the protocol prince, the present king, Christian IX., proposed to

incorporate Schleswig, was a violation of treaty obligations. The Danish

Government was required to retract its course. It refused, and war

followed. What will be the result of it, what even the Prussian

Government wishes to be the result of it, is a matter of uncertainty.

Suspicions of a secret treaty between it and Austria find easy credence,

according to which, as is supposed, nothing but their mutual

aggrandizement is aimed at. Certain it is that none even of the best

informed pretend to know definitely what is designed, nor be confident

that the design, whatever it is, will be executed. Yet for the time a

certain degree of enthusiasm has been of course awakened in all by the

successful advance of Prussian troops through Schleswig, and the

indefinite hope is cherished that somehow, even in spite of the apparent

policy of the Government, the war will result in rescuing the duchy

entirely from the Danish grasp. Thus, temporarily at least, the popular

mind is again diverted from internal politics; and perhaps the

Government was moved as much by a desire to effect this diversion as by

any other motive. The decided schism between Prussia and Austria on the

one hand, and the smaller German States on the other, a schism in which

the majority of the people even in Prussia and Austria side with the

smaller states, favors the notion that these two powers dislike heartily

to enter into a movement whose motive and end is mainly the promotion of

German unity at the expense of monarchical principles. For, however much

of subtlety may be exhibited in proving that the prince of Augustenburg

is the rightful heir to the duchy, the real source of the German

interest in the matter is sympathy with their fellow Germans, who, as is

not to be doubted, have been in various ways, especially in respect to

the use of the German language in schools and churches, abused and

irritated by the Danish Government. The death of the late king of

Denmark was only made the occasion for seeking the desired relief.

Fifteen years ago the same thing was done without any such occasion. But

it would be the extreme of inconsistency for the Prussian Government to

help directly and ostensibly a movement which, whatever name it may

bear, is essentially a rebellion: if there are Germans in

Schleswig-Holstein, so are there Poles in Poland.

But, although, for the time being, the excitement of actual war silences

the murmurs of the Progress party, the substantial occasion for them is

not removed. On the contrary, there is reason to expect that the contest

will become still more earnest. Only one turn of events can avert this:

the separation of Schleswig-Holstein from Denmark in consequence of the

present war. If this is not the result, if nothing more is accomplished

than the restoration of the duchy to its former condition, the king will

lose the support of many Conservatives, and be still more bitterly

opposed by the Liberals. In addition to this is to be considered that

the war is carried on in spite of the refusal of the diet to authorize

the requisite loan; that, moreover, after vainly seeking to secure this

vote from the delegates, Minister Bismarck, in the name of the king,

prorogued the diet on the 25th of January, 1864, telling the Delegates

plainly that the money must be had, and accordingly that, if its use

were not regularly authorized, it must be taken by the Government

without such authority. His spirit may be gathered from a single remark

among the many bitter things which he had to say in the closing days of

the session: 'In order to gain your confidence, one must give one's self

up to you; what then would the ministers in future be but Parliamentary

ministers? To this condition, please God, we shall not be reduced.' The

spirit of the delegates is expressed in the question of one of their

number: 'Why does the Minister of State ask us to authorize the loan, if

he has no need of our consent--if we have not the right to say _No_?'

Brilliant successes of the Prussian arms, accomplishing substantially

the result for which the German people are all earnestly longing, may

restore the Government to temporary favor, and weaken the Progress

party; otherwise, as many Conservatives themselves confess, the king

will have paralyzed the arms of his own friends.

What is to be the end of this conflict between the Prussian Government

and the Prussian people? Without attempting to play the prophet's part,

we close by mentioning some considerations which must be taken into

account in forming a judgment. Although we have little doubt that the

present policy of the Government will not be permanently adhered to, we

do not anticipate any speedy or violent rupture. The case is in many

respects parallel to that of the quarrel between Charles I. and his

Parliaments; but the points of difference are sufficient to warrant the

expectation of a somewhat different result. Especially these: Charles

had no army of such size and efficiency that he could bid defiance to

the demands of his Parliament; on the contrary, the Prussian army is, in

times of peace, two hundred thousand strong, and can, in case of need,

be at once trebled; moreover, soldiers must take an oath of allegiance

to the king, not, however, to the constitution. Of this army the king is

the head, and with it under his control he can feel tolerably secure

against the danger of a popular outbreak. Again, the English

revolutionists had little to fear from Continental interference;

Prussia, on the contrary, is so situated that a revolution there could

hardly fail to provoke neighboring monarchies to assist in putting it

down. There is no such oppression weighing the people down that they

would be willing to run this risk in an attempt to remove it. Again, the

Liberals hope, and not without reason, that they will eventually secure

what they wish by peaceable means. There is little doubt that, if they

pursue a moderate course, neither resorting to violence nor threatening

to do so, themselves avoiding all violations of the constitution, while

compelling the Government, in case it will not yield, to commit such

violations openly, their cause will gradually grow so strong that the

king will ultimately see the hopelessness of longer resisting it. Or,

once more, even if the present king, whose self-will is such that he may

possibly persevere in his present course through his reign, does not

yield, it is understood that the heir apparent is inclined to adopt a

more liberal policy whenever he ascends the throne, an event which

cannot be very long distant. Were he supposed fully to sympathize with

his father, the danger of a violent solution of the difficulty would be

greater. But, as the case stands, it may not be considered strange if

the conflict lasts several years longer without undergoing any essential

modification.

There is no prospect that the dissension will be ended by mutual

concessions. This might be done, if mutual confidence existed between

the contending parties; but of such confidence there is a total lack. So

great is the estrangement that the original occasion of it is lost sight

of. Neither party cares so much about securing the success of its

favorite measures as about defeating the measures of its opponent.

Either the possibility of such a relation of the king to the Parliament

was not entertained when the constitution was drawn up, or it is a great

deficiency that no provision was made for it; or (as we should prefer to

say) the difficulty may have been foreseen and yet no provision have

been made for it, simply because none could have been made consistently

with Frederick William IV.'s maxim, 'A free people under a free king'--a

maxim which sounds well, but which, when the people are bent on going in

one way and the king in another, is difficult to reconcile with the

requirement of the constitution that both must go in the same way. In a

republic, where the legislature and chief magistrate are both chosen

representatives of one people, no protracted disagreement between them

is possible. In a monarchy where a ministry, which has lost the

confidence of the legislature, resigns its place to another, the danger

is hardly greater. But in a monarchy whose constitution provides that

king and people shall rule jointly, yet both act freely and

independently, nothing but the most paradisiacal state of humanity could

secure mutual satisfaction and continued harmony. Prussia is now

demonstrating to the world that, if the people of a nation are to have

in the national legislation anything more than an advisory power, they

must have a determining power. To say that the king shall have the

unrestricted right of declaring and making war, and at the same time

that no money can be used without the free consent of Parliament, is

almost fit to be called an Irish bull. Such mutual freedom is impossible

except when king and Parliament perfectly agree in reference to the war

itself. But, if this agreement exists, there is either no need of a

Parliament or no need of a king. It makes little difference how the

constitution is worded in this particular, nor even what was intended by

the author of this provision. What is in itself an intrinsic

contradiction cannot be carried out in practice. Whether any formal

change is made in the constitution or not, a different mode of

interpreting it, a different conception of the relation of monarch to

subject, must become current, if the constitution is to be a working

instrument. Prussia must become again practically an absolute monarchy

or a constitutional monarchy like England. Nor is there much doubt which

of these possibilities will be realized. And not the least among the

causes which will hasten the final triumph of Liberalism there, is the

exhibition of the strength of republicanism here, while undergoing its

present trial. When one observes how many of the more violent Prussian

Conservatives openly sympathize with the rebels, and most of the others

fail to do so only because they dislike slavery; when one sees, on the

other hand, how anxiously the Prussian Liberals are waiting and hoping

for the complete demonstration of the ability of our Government to

outride the storm which has threatened its destruction, the cause in

which we are engaged becomes invested with a new sacredness. Our success

will not only secure the blessings of a free Government to the

succeeding generations of this land, but will give a stimulus to free

principles in every part of the globe. If 'Freedom shrieked when

Kosciuszko fell' at the hands of despotism, a longer and sadder wail

would mark the fall of American republicanism, wounded and slain in the

house of its friends.

'YE KNOW NOT WHAT YE ASK.'

One morn in spring, when earth lay robed

In resurrection bloom,

I turned away my tear-veiled eyes,

Feeling the glow but gloom,

And asked my God one boon I craved,

Or earth were living tomb.

* * * * *

One autumn morn, when all the world

In ripened glory lay,

I turned to God my shining eyes,

And praised Him for that day,

When asking _curses_ with my lips,

He turned His ear away.

The Continental Monthly, Vol. 6, No 4, August, 1864 Devoted To Literature And National Policy · 第 14 / 46 题