The Development of the European Nations, 1870-1914 (5th ed.). J. Holland Rose
among foreign nations; he has the right to declare war, conclude peace, and frame alliances; but the consent of the Federal Council (Bundesrath) is needed for the declaration of war in the name of the Empire. The Emperor convenes, adjourns, and closes the sessions of the Federal Council and the Imperial Diet (Reichstag). They are convened every year. The Chancellor of the Empire presides in the Federal Council and supervises the conduct of its business. Proposals of laws are laid before the Reichstag in accordance with the resolutions of the Federal Council, and are supported by members of that Council. To the Emperor belongs the right of preparing and publishing the laws of the Empire: they must be passed by the Bundesrath and Reichstag, and then receive the assent of the Kaiser. They are then countersigned by the Chancellor, who thereby becomes responsible for their due execution.
The members of the Bundesrath are appointed by the Federal Governments: they are sixty-two in number, and now include those from the Reichstand of Elsass-Lothringen (Alsace-Lorraine)[74]
The Prussian Government nominates seventeen members; Bavaria six; Saxony and Würtemburg and Alsace-Lorraine four each; and so on. The Bundesrath is presided over by the Imperial Chancellor. At the beginning of each yearly session it appoints eleven standing committees to deal with the following matters: (1) Army and fortifications; (2) the Navy; (3) tariff, excise, and taxes; (4) commerce and trade; (5) railways, posts and telegraphs; (6) civil and criminal law; (7) financial accounts; (8) foreign affairs; (9) Alsace-Lorraine; (10) the Imperial Constitution; (11) Standing Orders. Each committee is presided over by a chairman. In each committee at least four States of the Empire must be represented, and each State is entitled only to one vote. To this rule there are two modifications in the case of the committees on the army and on foreign affairs. In the former of these Bavaria has a permanent seat, while the Emperor appoints the other three members from as many States: in the latter case, Prussia, Bavaria, Saxony, and Würtemberg only are represented. The Bundesrath takes action on the measures to be proposed to the Reichstag and the resolutions passed by that body; it also supervises the execution of laws, and may point out any defects in the laws or in their execution.
The members of the Reichstag, or Diet, are elected by universal (more properly manhood) suffrage and by direct secret ballot, in proportion to the population of the several States[75]. On the average, each of the 397 members represents rather more than 100,000 of the population. The proceedings of the Reichstag are public; it has the right (concurrently with those wielded by the Emperor and the Bundesrath) to propose laws for the Empire. It sits for three years, but may be dissolved by a resolution of the Bundesrath, with the consent of the Emperor. Deputies may not be bound by orders and instructions issued by their constituents. They are not paid.
As has been noted above, important matters such as railway management, so far as it relates to the harmonious and effective working of the existing systems, and the construction of new lines needful for the welfare and the defence of Germany, are under the Control of the Empire--except in the case of Bavaria. The same holds good of posts and telegraphs except in the Southern States. Railway companies are bound to convey troops and warlike stores at uniform reduced rates. In fact, the Imperial Government controls the fares of all lines subject to its supervision, and has ordered the reduction of freightage for coal, coke, minerals, wood, stone, manure, etc., for long distances, "as demanded by the interests of agriculture and industry." In case of dearth, the railway companies can be compelled to forward food supplies at specially low rates.
Further, with respect to military affairs, the central authority exercises a very large measure of control over the federated States. All German troops swear the oath of allegiance to the Emperor. He appoints all commanders of fortresses; the power of building fortresses within the Empire is also vested in him; he determines the strength of the contingents of the federated States, and in the last case may appoint their commanding officers; he may even proclaim martial law in any portion of the Empire, if public security demands it. The Prussian military code applies to all parts of the Empire (save to Bavaria, Würtemberg, and Saxony in time of peace); and the military organisation is everywhere of the same general description, especially as regards length of service, character of the drill, and organisation in corps and regiments. Every German, unless physically unfit, is subject to military duty and cannot shift the burden on a substitute. He must serve for seven years in the standing army: that is, three years in the field army and four in the reserve; thereafter he takes his place in the Landwehr[76].
The secondary States are protected in one important respect. The last proviso of the Imperial Constitution stipulates that any proposal to modify it shall fail if fourteen, or more, votes are cast against it in the Federal Council. This implies that Bavaria, Würtemberg, and Saxony, if they vote together, can prevent any change detrimental to their interests. On the whole, the new system is less centralised than that of the North German Confederation had been; and many of the Prussian Liberals, with whom the Crown Prince of Prussia very decidedly ranged himself on this question, complained that the government was more federal than ever, and that far too much had been granted to the particularist prejudices of the Southern States[77]. To all these objections Bismarck could unanswerably reply that it was far better to gain this great end without bitterness, even if the resulting compact were in some respects faulty, than to force on the Southern States a more logically perfect system that would perpetuate the sore feeling of the past.
Such in its main outlines is the new Constitution of Germany. On the whole, it has worked well. That it has fulfilled all the expectations aroused in that year of triumph and jubilation will surprise no one who knows that absolute and lasting success is attained only in Utopias, never in practical politics. In truth, the suddenness with which German unity was finally achieved was in itself a danger.
The English reader will perhaps find it hard to realise this until he remembers that the whole course of recorded history shows us the Germans politically disunited, or for the most part engaged in fratricidal strifes. When they first came within the ken of the historians of Ancient Rome, they were a set of warring tribes who banded together only under the pressure of overwhelming danger; and such was to be their fate for well-nigh two thousand years. Their union under the vigorous rule of the great Frankish chief whom the French call Charlemagne, was at best nominal and partial. The Holy Roman Empire, which he founded in the year 800 by a mystically vague compact with the Pope, was never a close bond of union, even in his stern and able hands. Under his weak successors that imposing league rarely promoted peace among its peoples, while the splendour of its chief elective dignity not seldom conduced to war. Next, feudalism came in as a strong political solvent, and thus for centuries Germany crumbled and mouldered away, until disunion seemed to be the fate of her richest lands, and particularism became a rooted instinct of her princes, burghers, and peasants. Then again South was arrayed against North during and long after the time of the Reformation; when the strife of creeds was stayed, the rivalry of the Houses of Hapsburg and Hohenzollern added another cause of hatred.
As a matter of fact, it was reserved for the two Napoleons, uncle and nephew, to force those divided peoples to comradeship in arms. The close of the campaign of 1813 and that of 1814 saw North and South, Prussians and Austrians, for the first time fighting heartily shoulder to shoulder in a great war--for that of 1792–94 had only served to show their rooted suspicion and inner hostility. Owing to reasons that cannot be stated here, the peace of 1814–15 led up to no effective union: it even perpetuated the old dualism of interests. But once more the hostility of France under a Napoleon strengthened the impulse to German consolidation, and on this occasion there was at hand a man who had carefully prepared the way for an abiding form of political union; his diplomatic campaign of the last seven years had secured Russia's friendship and consequently Austria's reluctant neutrality; as for the dislike of the Southern States to unite with the North, that feeling waned for a few weeks amidst the enthusiasm caused by the German triumphs. The opportunity was unexampled: it had not occurred even in 1814; it might never occur again; and it was certain to pass away when the war fever passed by. How wise, then, to strike while the iron was hot! The smaller details