# Constitution of the North German Confederation

* related portals: Constitutional documents, Germany.
* sister projects: Wikipedia article.
Source: British and Foreign State Papers, 1866–1867. London. William Ridgway. 1871. pp.296–313.
CONSTITUTION of the North German Confederation. Adopted by the Diet April 16, and promulgated June 14, 1867.
(Translation.)
His Majesty the King of Prussia, His Majesty the King of Saxony, His Royal Highness the Grand Duke of Mecklenburg-Schwerin, His Royal Highness the Grand Duke of Saxe-Weimar-Eisenach, His Royal Highness the Grand Duke of Mecklenburg-Strelitz, His Royal Highness the Grand Duke of Oldenburg, His Highness the Duke of Brunswick and Luneburg, His Highness the Duke of Saxe-Meiningen and Hildburghausen, His Highness the Duke of Saxe-Altenburg, His Highness the Duke of Saxe-Coburg and Gotha, His Highness the Duke of Anhalt, His Serene Highness the Prince of Schwarzburg-Rudolstadt, His Serene Highness the Prince of Schwarzburg-Sondershausen, His Serene Highness the Prince of Waldeck and Pyrmont, Her Serene Highness the Princess Reuss of the Elder Line, His Serene Highness the Prince Reuss of the Younger Line, His Serene Highness the Prince of Schaumburg-Lippe, His Serene Highness the Prince of Lippe, the Senate of the Free and Hanse Town of Lubeck, the Senate of the Free and Hanse Town of Bremen, the Senate of the Free and Hanse Town of Hamburg, all for the whole extent of their State territory, and His Royal Highness the Grand Duke of Hesse, &c., for the parts of the Grand Duchy of Hesse situated to the north of the Main, enter into a perpetual Confederation for the defence of the Federal territory and of the rights prevailing therein, as well as for fostering the welfare of the German people. The said Confederation will bear the name of the North German Confederation, and the following will be its Constitution.
Section I.—The Federal Territory.
Art. I. The territory of the Confederation consists of the States of Prussia with Lauenburg, Saxony, Mecklenburg-Schwerin, Saxe-Weimar, Mecklenburg-Strelitz, Oldenburg, Brunswick, Saxe-Meiningen, Saxe-Altenburg, Saxe-Coburg-Gotha, Anhalt, Schwarzburg-Rudolstadt, Schwarzburg-Sondershausen, Waldeck, Reuss of the elder line, Reuss of the younger line, Schaumburg-Lippe, Lippe, Lubeck, Bremen, Hamburg, and the parts of the Grand Duchy of Hesse situated north of the Main.
Section II.—The Federal Legislation.
II. The Confederation exercises the right of legislation within the aforesaid territory, according to the provisions of this Constitution, and to the effect that the Federal laws take precedence of the laws of the respective countries. The Federal laws acquire their binding force by publication on the part of the Confederation, which takes place by means of a Federal Law Gazette [Bundesgesetzblatt]. If the published law does not fix another date for the beginning of its binding force, it comes into force on the 14th day after the close of the day on which the number of the Federal Law Gazette containing it was published at Berlin.
III. There exists for the whole extent of the Federal territory a common birthright [Indigenat], which so operates that a person, a subject or citizen belonging to any one of the Federal States is to be treated in any other Federal State as a native, and to be admitted accordingly to a fixed residence therein, to carry on business, to fill public offices, to acquire landed property, to obtain the right of citizenship, and to enjoy all other civil rights on the same conditions as the native, and also to be treated in like manner with regard to legal proceedings for prosecution or defence.
No person belonging to the Confederation must be restricted in the exercise of this right either by the authorities of his native place, or by those of any other Federal State.
The regulations respecting provision for the poor and admission into the local communal union, are not affected by the principle laid down in the first paragraph.
Existing Treaties between the separate Federal States relative to the reception of persons who are to be expelled, the care of sick and the burial of deceased subjects, remain in force for the present.
In regard to the fulfilment of military duty towards the native country, the necessary measures will be arranged in the way of Federal legislation.
With reference to foreign countries every one belonging to the Confederation has an equal claim to its protection.
IV. The following matters are subject to the supervision of the Confederation and to its legislation.
1. The regulations on freedom of expatriation, on domiciliation and settlement, right of citizenship, passports, and police for foreigners, also on matters of business, including the system of insurance, in so far as these subjects are not already settled by Article III of this Constitution, likewise on colonization and emigration to other than German countries;
2. The Customs and commercial legislation, and the taxes to be applied to Federal purposes;
3. The regulation of the systems of weights, measures, and money, including the settlement of the principles for the emission of funded and unfunded paper money;
4. The general regulations for banking;
5. Patents of invention;
6. The protection of intellectual property;
7. The organization of a common protection for German commerce abroad, of German navigation and its flag at sea, and the establishment of a common Consular representation to be endowed by the Confederation;
8. Railways, and the formation of roads, and water-communications for the defence of the country and for general circulation;
9. Floating and navigation on the waterways common to several States, the condition of those waters, as well as the river and other water-tolls;
10. The postal and telegraph service;
11. The regulations for the reciprocal execution of judgments in civil causes and the fulfilment of requisitions in general;
12. Also those on the attestation of public documents;
13. The common legislation on contract law, penal law, commercial law, the law of bills of exchange, and the legal procedure;
14. The military affairs of the Confederation and the navy;
V. The legislation of the Confederation is performed by the Federal Council and the Diet (Reichstag). The concurrence of the resolutions passed by the majorities of the two Assemblies is necessary and sufficient for a Federal law.
In projects of law on military affairs and on the navy, if there is a difference of opinion in the Federal Council, the vote of the Presidency is decisive, when it declares for the maintenance of existing arrangements.
Section III.—The Federal Council.
VI. The Federal Council consists of the Representatives of the members of the Confederation, amongst whom the votes are divided according to the rules for the full assembly of the late Germanic Confederation, so that Prussia, with the late votes of Hanover, Hesse Cassel, Holstein, Nassau and Frankfort, has 17 votes, Saxony 4, Hesse 1, Mecklenburg-Schwerin 2, Saxe-Weimar 1, Mecklenburg-Stretitz 1, Oldenburg 1, Brunswick 2, Saxe-Meiningen 1, Saxe Altenburg 1, Saxe-Coburg-Gotha 1, Anhalt 1, Schwarzburg-Rudolstadt 1, Schwarzburg-Sondershausen 1, Waldeck 1, Reuss, elder line, 1, Reuss, younger line, 1, Schaumburg-Lippe 1, Lippe 1, Lubeck 1, Bremen 1, Hamburg 1. Total 43.
VII. Each member of the Confederation can appoint as many Plenipotentiaries to the Federal Council as it has votes; but the totality of the appertaining votes can only be given to the same effect. Votes without representation or instruction are not counted.
Each member of the Confederation is entitled to make proposals and to bring them forward, and the Presidency is bound to submit them to discussion. The resolution is passed by a simple majority. On an equality of votes, the vote of the Presidency decides.
VIII. The Federal Council forms the following Standing Committees from its members: 1, for the Army and the Fortresses; 2, for Marine Affairs; 3, for Customs and Taxation; 4, for Commerce and Traffic; 5, for Railways, Post Offices and Telegraphs; 6, for Judicial Affairs; 7, for Acounts.
In each of these Committees at least two Federal States are represented besides the Presidency, and each State has but one vote therein. The members of the Committees 1 and 2 are nominated by the Federal Commander-in-Chief, those of the rest are chosen by the Federal Council. These Committees are to be renewed for every session of the Federal Council, or every year, when the retiring members are re-eligible. The officials necessary for their labours will be placed at the disposal of the Committees.
IX. Every member of the Federal Council has the right of appearing in the Diet, and must be heard there whenever he applies, in order to represent the views of his Government, even when they have not been adopted by the majority of the Federal Council. No one can be a member of the Federal Council and of the Diet at the same time.
X. The Presidency of the Confederation is bound to afford the members of the Federal Council the usual diplomatic protection.
Section IV.—The Presidency (Præsidium) of the Confederation.
XI. The Presidency of the Confederation appertains to the Crown of Prussia, which, in the exercise thereof, has the right of representing the Confederation internationally, of declaring war and concluding peace of entering into alliances and other Treaties with foreign States, of accrediting and receiving Ambassadors in the name of the Confederation.
In so far as the Treaties with foreign States relate to such matters as belong to the province of the Federal legislation, according to Article IV, the assent of the Federal Council is necessary for their conclusion, and the sanction of the Diet for their validity.
XII. The Presidency of the Confederation convokes the Federal Council and the Diet, opens, prorogues, and closes them.
XIII. The Federal Council and the Diet are convoked every year, and the Federal Council may be convoked without the Diet, for the preparation of the business but the Diet cannot be convoked without the Federal Council.
XIV. The Federal Council must be convoked whenever it is required by a third of the number of votes.
XV. The Chancellor of the Confederation, who is to be appointed by the Presidency, presides over the Federal Council and has the direction of the business.
He may cause himself to be represented by any other member of the Federal Council by means of a written authority.
XVI. The Presidency has to bring the necessary proposals before the Diet, in accordance with the resolutions of the Federal Council, and they are supported in the Diet by members of the Federal Council, or by special Commissioners appointed by the Council.
XVII. The Presidency has to issue and promulgate the Federal laws and to attend to their execution. The orders and directions of the Federal Presidency are issued in the name of the Confederation, and require for their validity the counter-signature of the Chancellor of the Confederation, who thereby undertakes the responsibility.
XVIII. The Presidency appoints the Federal functionaries, has to swear them in for the Confederation, and to order their discharge when necessary.
XIX. If members of the Confederation do not fulfil their constitutional Federal duties they may be compelled to do so by way of execution. This execution is,
a. In regard to military services, if there be danger in delay, to be ordered and effected by the Federal Commander-in-Chief;
b. In all other cases to be decreed by the Federal Council and accomplished by the Federal Commander-in-Chief.
The execution may be extended to the sequestration of the country concerned and its governmental power. In the cases described under letter a, immediate notice of the order for execution, is to be given to the Federal Council, with a statement of the reasons.
V. The Diet (Reichstag).
XX. The Diet emanates from general and direct elections with secret voting, and until the issue of a Federal Electoral Law, the elections are to take place according to the law on the basis of which the first Diet of the North German Confederation was elected.
XXI. Functionaries require no leave of absence for entering the Diet.
If a member of the Diet accepts a paid public office in the Confederation, or in a Federal State, or enters into an office in the Federal or State service, to which a higher rank or a higher salary is attached, he loses his seat and vote in the Diet, and can only recover his place by a new election.
XXII. The proceedings of the Diet are public.
Accurate reports of the proceedings at the public sittings of the Diet are free from all responsibility.
XXIII. The Diet has the right of proposing laws within the competency of the Confederation, and of referring petitions addressed to it to the Federal Council or the Chancellor of the Confederation.
XXIV. The legislative period of the Diet lasts 3 years. For its dissolution during that time a resolution of the Federal Council with the assent of the Presidency is necessary.
XXV. In case of the dissolution of the Diet, the electors must be assembled within a period of 60 days thereafter, and the Diet within a period of 90 days after the dissolution.
XXVI. Without the consent of the Diet, its prorogation cannot exceed 30 days, nor can it be repeated during the same session.
XXVII. The Diet inquires into the due election of its members, and decides thereon. It regulates its proceedings and discipline by a rule of procedure, and elects its President, its Vice-Presidents, and Secretaries.
XXVIII. The Diet decides by absolute majority of votes. For the validity of a decision it is necessary that the majority of the legal number of Members be present.
XXIX. The Members of the Diet are representatives of the people at large, and are not bound by commissions and instructions.
XXX. No Member of the Diet can at any time be proceeded against either judicially or by way of discipline, on account of his votes, or for expressions made use of in the exercise of his functions, nor can he be made responsible in any other way out of the Assembly.
XXXI. No Member of the Diet can without its sanction be subjected to examination or arrested during the period of session, for any punishable transaction, unless taken in the act, or in the course of the following day.
The same sanction is necessary for an arrest for debt.
At the request of the Diet any criminal proceeding against one of its Members, and any examination or civil arrest are suspended during the period of the session.
XXXII. The Members of the Diet cannot, as such, receive any pay or indemnification.
Section VI.—Customs and Commerce.
XXXIII. The Confederation forms a Customs and commercial territory, surrounded by a common Customs frontier. Separate portions of territory which by their position are not adapted for enclosure within the Customs frontier, are excluded.
All articles met with in the free trade of a Federal State, may be imported into any other Federal State, and can only be subjected to a duty there, in case similar native productions are liable to a home tax in the place.
XXXIV. The Hanse Towns of Lubeck, Bremen, and Hamburg remain as free ports, with a district answering to the purpose, of their own or the adjacent territory, outside the common Customs frontier, until they shall apply to be included in it.
XXV. To the Confederation exclusively belongs the legislation upon everything relating to the Customs, the taxation on the consumption of native sugar, brandy, salt, beer, and tobacco, as well as the measures necessary to be taken in the excluded parts for the protection of the common Customs frontier.
XXXVI. The collection and administration of the Customs and taxes on consumption (Article XXXV) are left to each Federal State within its own territory, in so far as it has hitherto done them.
The Presidency of the Confederation superintends the observance of the legal procedure by Federal functionaries which it adjoins to the Customs, or tax offices, and the administrative boards of the separate States, after consultation with the Customs and Tax Committee of the Federal Council.
XXXVII. The Federal Council decides:
1. On the legal measures to be brought before the Diet, or those adopted by it, which come under the provision of Article XXXV, including Treaties of Commerce and Navigation;
2. On the administrative regulations and arrangements for the execution of the common legislation (Article XXXV);
3. On any defects which become apparent in the execution of the common legislation (Art. XXXV);
4. On the definitive settlement of the duties to be paid into the Federal Treasury (Article XXXIX), laid before it by its Board of Accounts.
Every proposition made to the Federal Council by a Federal State relative to the subjects of Nos. 1 to 3, or by a comptrolling functionary relative to the subject of No. 3 is submitted to the common decision. In case of a difference of opinion the vote of the Presidency decides in regard to 1 and 2, when it declares for the maintenance of the existing regulation or arrangement, in all other cases the majority of votes decides according to the proportion of votes settled in Article VI of this Constitution.
XXXVIII. The proceeds of the Customs and of the duties on consumption described in Article XXXV are paid into the Federal Treasury.
These proceeds consist of the whole receipts of the Customs and duties on consumption, after deducting:
1. The taxes returned and reductions made according to law or general administrative regulations;
2. The costs of collection and administration, viz.:
a. For the customs and the tax upon native sugar, in so far as these costs can, according to the agreements among the members of the German Customs and Commercial Union, be charged to the community;
b. For the tax upon native salt, so soon as such a tax as well as a duty on foreign salt shall be introduced with the abolition of the salt monopoly, the amount of the costs of collection and supervision at the salt works;
c. For the other taxes, 15 per cent. of the total receipts.
The territories lying outside the common Customs frontier contribute to the Federal expenses by the payment of an agreed sum.
XXXIX. The quarterly summaries and the definitive statements which are to be prepared by the collecting authorities of the Federal States at the end of each quarter, and at the close of the financial year and the making up of the books respectively, showing the amount of receipts that have become payable for the customs and duties on consumption in the course of the 3 months or during the financial year, are to be brought into general summaries, after previous examination, by the Administrative Boards of the Federal States, and those summaries are to be sent in to the Committee of Accounts of the Federal Council.
On the basis of those summaries, the Committee of Accounts settles preliminarily every 3 months the amount due from the treasury of each Federal State to the Federal treasury, and gives information thereof to the Federal Council and to the Federal States, and also lays the final settlement of those amounts with its remarks, before the Federal Council yearly for its decision.
XL. The stipulations in the Customs Union Treaty of May 16, 1865, in the Treaty on the equal taxation of home productions of June 28, 1864, in the Treaty on the trade in tobacco and wine, of the same date, and in Article II of the Customs and Accession Treaty of July 11, 1864, likewise in the Thuringian Union Treaties, remain in force among the Federal States concerned in those Treaties, in so far as they are not altered by the provisions in the present Constitution, and so long as they shall not be altered in the manner described in Article XXXVII.
With these restrictions, the stipulations of the Customs Union Treaty of May 16, 1865, are also applicable to those Federal States and portions of territory which do not at present belong to the German Customs and Commercial Union.
Section VII.—Railways.
XLI. Railways which are considered necessary for the defence of the Federal territory or for the interests of general traffic, may be constructed on account of the Confederation, by virtue of a Federal Law, even against the will of those members of the Confederation whose territories the railroads traverse, without prejudice to their sovereign rights, or the construction may be conceded to private contractors with the right of expropriation.
Every existing Railway Board is bound to allow the junction of newly-constructed railways at the expense of the latter.
The legal provisions which give to existing railway enterprises the right of opposing the construction of parallel o competing lines, are hereby abolished throughout the Federal territory, without prejudice to rights already acquired. And no such right of opposition can be accorded in any concessions hereafter to be granted.
XLII. The Federal Governments bind themselves to administer the railways situated in the Federal territory as a single network in the interest of general traffic, and for this purpose to have any new railways that are to be made, constructed and furnished according to uniform rules.
XLIII. Corresponding working arrangements are therefore to be adopted as speedily as possible, and especially similar railway police regulations are to be introduced. The Confederation has to take care that the railway directors keep the lines in such a state of repair as to afford the necessary security at all times, and that they provide them with such working material as the necessities of the traffic require.
XLIV. The Railway Boards are bound to introduce the necessary passenger trains of the proper speed for the through traffic and for the establishment of plans for corresponding journeys, also the necessary goods trains to cope with the goods traffic; likewise to arrange direct expeditions for passenger and goods traffic, with permission for the transit of means of conveyance from one line to another for the usual remuneration.
XLV. The Confederation controls the tariffs. It will operate to the effect:
1. That corresponding working regulations may be introduced on the railways in the territory of the Confederation as soon as possible.
2. That the greatest possible uniformity and reduction of the tariffs may be attained, especially that in great distances for the transport of coals, coke, wood, minerals, stone, salt, raw iron, manures, and similar articles, a reduced tariff in accordance with the necessities of agriculture and industry may be introduced, and in fact the one pfennig tariff as speedily as possible.
XLVI. In times of distress, especially when provisions are unusually dear, the railway boards are bound to introduce for a time a special reduced tariff to be settled by the Presidency of the Confederation on the proposal of the particular committee of the Federal Council, for the transport especially of corn, meal, pulse, and potatoes; but this tariff must not however be less than the lowest rate for raw produce on the particular line.
XLVII. All the railway boards have to comply unresistingly with the demands of the Federal authorities for the use of the railways for the purpose of defending the Federal territories. Soldiers and all materials of warfare especially are to be forwarded at equal reduced rates.
Section VIII.—Postal and Telegraph Service.
XLVIII. The postal service and telegraph service will be arranged and administered for the whole territory of the North German Confederation as single institutions for State intercourse.
The legislation of the Confederation in postal and telegraph affairs, provided in Article IV, does not extend to those matters the regulation of which, according to the principles at present observed in the administration of the Prussian Post and Telegraph Offices, is left to definitive rules or to the directions of the authorities.
XLIX. The revenues of the postal and telegraph services are in common for the whole Confederation. The expenditure is provided for from the common revenues. The surplus goes to the Federal Treasury (Section XII).
L. The supreme direction of the postal and telegraph service belongs to the Presidency of the Confederation. It is the right and the duty of the Presidency to see that uniformity be established and maintained in the organization of the administration and in the working of the service, as well as in the qualifications of the functionaries.
The Presidency has to attend to the issue of definitive regulations and general administrative directions, as well as to the exclusive care of the relations with other German and foreign post and telegraph authorities.
All the functionaries of the Postal and Telegraph administration are bound to obey the orders of the Presidency of the Confederation. This duty is to be undertaken in the oath of service.
The appointment of the higher functionaries (such as directors, councillors, inspectors-general) required for the administrative authorities of the Post and Telegraph Offices in the various districts, likewise the appointment of the postal and telegraph functionaries (such as inspectors, comptrollers) who are to act as the organs of those authorities in the service of supervision, &c., emanates, for the whole territory of the North German Confederation, from the Presidency to which those functionaries take oath of service. The said nominations will be duly communicated to the separate Federal Governments, in so far as they relate to their territory, for the purpose of their sovereign confirmation and publication.
The other functionaries required by the administrative authorities of the Post and Telegraph Offices, as well as all those intended for the local and technical work, consequently those engaged in the real working offices, &c., are appointed by the Governments of the countries.
Where there is no independent national post or telegraph administration, the stipulations of special Treaties are to be observed.
LI. In order to put an end to the scattered postal and telegraph service in the Hanse Towns, the administration and working of the various postal and telegraphic establishments existing there will be united according to the definite directions from the Presidency of the Confederation, which will give the Senates an opportunity for expressing their wishes on the subject. With respect to the German establishments where are to be found there this union will take place immediately.
The necessary Conventions for the aforesaid purpose will be entered into with the non-German Governments which still possess or exercise postal rights in the Hanse Towns.
LII. In allotting the surplus of the postal administration for general Federal purposes (Article XLIX) the following course, in consideration of the difference of the net receipts obtained from the national postal administrations of the separate territories, is to be taken during the period of transition settled below, for the purpose of a suitable accomodation.
From the postal surpluses produced in the several postal districts during the five years 1861 to 1865, an average yearly surplus will be reckoned, and the share, which each separate postal district has had in the postal surplus thus shown for the whole territory of the North German Confederation, will be fixed according to the percentage.
According to the proportion fixed in this manner the quotas of the separate States will be allowed to them from the postal surpluses produced in the Confederation during the next 8 years, in reckoning their other contributions for Federal purposes.
After the expiration of the 8 years that distinction will cease, and the postal surpluses will pass in undivided amounts into the Federal Treasury according to the principal contained in Article XLIX.
From the share of the postal surplus accruing to the Hanse Towns during the aforesaid 8 years, the moiety will be annually placed at the disposal of the Federal Presidency beforehand, for the purpose of first meeting the expenses for the establishment of normal postal institutions in the Hanse Towns.
Section IX.—The Navy and Navigation.
LIII. The Federal Navy is an undivided one under the command-in-chief of Prussia. Its organization and composition belong to His Majesty the King of Prussia, who appoints its officers and functionaries, and into whose service they are to be sworn, as well as the crews.
The ports of Kiel and the Jahde are Federal military ports.
The expenditure required for the formation and maintenance of the fleet and of the establishments connected therewith is provided from the Federal Treasury.
The whole maritime population of the Confederation, including the engine-men and the shipwrights is exempt from service in the army, but bound to serve in the Federal Navy.
The distribution of the numbers required is made according to existing maritime population, and the share thus furnished by each State is allowed off the contingent to the army.
LIV. The merchant shipping of all the Federal States forms one single merchant navy.
The Confederation has to determine the process for ascertaining the tonnage of sea ships, the issue of certificates of admeasurement, as well as the regulation of the ship's papers, and the settlement of the conditions on which the permission to command a sea-going ship depend.
The merchant ships of all the Federal States will be admitted and treated alike in all the seaports and all the natural and artificial waterways of the separate Federal States. The duties which are levied in the seaports on sea ships or their cargoes for the use of the marine institutions, must not exceed the necessary expenditure for the maintenance and ordinary establishment of those institutions.
On all natural water-ways duties must only be levied for the use of special institutions intended for the facilitation of traffic. These duties, as well as the duties for the navigation of such artificial water-ways as are State property, must not exceed the expenditure necessary for the maintenance and ordinary establishment of the institutions and appliances. These provisions are applicable to floatage in so far as it is carried on on navigable water-ways.
No separate State, but the Confederation alone, has the right of imposing higher duties on foreign ships and their cargoes, than those which are to be paid by the ships of the Federal States or their cargoes.
LV. The flag of the navy and the merchant shipping is black, white, and red.
Section X.—Consulates.
LVI. All the North German Consulates are under the superintendence of the Federal Presidency, which appoints the Consuls after consultation with the Committee of the Federal Council for Commerce and Traffic.
No new Consulates for the separate countries can be established in the official district of the Federal Consuls. The Federal Consuls exercise the functions of a national Consul for those Federal States which are not represented in their district. All the existing Consulates of the separate countries will be abolished so soon as the organization of the Federal Consulates is so far completed in that the representation of the separate interests of all the Federal States is recognized by the Federal Council as secured through the Federal Consulates.
Section XI.—Military Affairs of the Confederation.
LVII. Every North German is liable to military service, and cannot perform that service by substitute.
LVIII. The costs and burdens of the whole military affairs of the Confederation are to be borne equally by all the Federal States and those who belong to them so that neither the advantage nor the overburdening of individual States or classes is admissible in principle. Where the equal distribution of the burdens cannot, from natural circumstances, take place without injury to public welfare, the equalization must be settled in the way of legislation, according to the principles of equity.
LIX. Every North German capable of bearing arms belongs for 7 years to the standing army, as a rule from the completion of the 20th to the beginning of the 28th year of his age, the first 3 years with the banners and the last 4 years in the reserve, then for the following 5 years of his life to the Landwehr. In those Federal States, where the total legal liability to military service has hitherto been longer than 12 years, the gradual reduction of the liability will only take place in proportion as it is admissible by the military efficiency of the Federal army.
In regard to the emigration of the reserve men, only those regulations shall be observed which are applicable to the emigration of the Landwehr men.
LX. The effective strength of the Federal army in time of peace is regulated up to December 31, 1871, at one per cent. of the population of 1867, and is furnished pro rata thereof by the separate Federal States. For later times the effective strength of the army in peace will be settled by way of Federal legislation.
LXI. After the publication of this Constitution the Prussian military legislation is to be immediately introduced into the whole Federal territory, both the laws themselves and the regulations, instructions, and rescripts issued for their execution, explanation, or completion; especially, therefore, the Military Penal Code of April 3, 1845, the Military Criminal Court regulation of April 3, 1845, the Ordinance on Courts of Honour of July 20, 1843, the directions respecting recruiting, compensation for damages to fields, mobilization, &c., for peace and war. The Military Church ritual is however excluded.
After the uniform organization of the Federal military system has been carried into effect, the Federal Presidency will submit a comprehensive Federal Military Law to the Diet and the Federal Council for their constitutional decision.
LXII. To meet the expenditure for the whole Federal army and the institutions belonging to it, as many times 225 thalers, say in words two hundred and twenty-five thalers, as the poll number of the peace strength of the army amounts to according to Article LX, are to be placed yearly at the disposal of the Federal Commander-in-Chief until December 31, 1871. (See Section XII.)
The payment of these contributions begins with the 1st of the month after the publication of the Federal Constitution.
After the 31st of December, 1871, these amounts must continue to be paid to the Federal Treasury by the separate States of the Confederation. For reckoning the amounts the effective strength for peace provisionally settled in Article LX will be adhered to until it is altered by a Federal law.
The expenditure of this sum for the whole Federal Army and its institutions will be fixed by the Budget Law.
In the settlement of the military expenditure estimates, the organization of the Federal army legally established on the basis of this Constitution, will be taken as the foundation.
LXIII. All the land-forces of the Confederation form one single army, which in war and in peace is under the command of His Majesty the King of Prussia, as Federal Commander-in-Chief.
The regiments, &c., bear consecutive numbers throughout the whole Federal army. For the clothing the main colours and the cut of the Royal Prussian army are to be followed. It is left to the sovereigns of the respective contingents to decide upon the external insignia (cockades, &c.).
It is the duty and the right of the Federal Commander-in-Chief to take care that all the bodies of troops within the Federal army are kept complete in number and in fighting order, and that unity of organization and formation, in arming and commanding, in the instruction of the men as well as in the qualification of the officers, be established and maintained. For this purpose the Commander-in-Chief is entitled to ascertain the constitution of the separate contingents at any time by inspection, and to order the removal of any defects that may then appear.
The Federal Commander-in-Chief determines the effective state, the formation and division of the contingents of the Federal army, as well as the organization of the Landwehr, and has the right of determining the garrisons within the Federal territory, as well as of ordering that any part of the Federal army be made ready for war.
In order to preserve the indispensable uniformity in the administration, maintenance, arming, and equipment of all the corps of the Federal army, the respective ordinances issued in future for the Prussian army, are to be communicated in a proper manner by the Committee for the army and the fortresses, mentioned in Article VIII, to the Commanders of the other Federal contingents for their observance.
LXIV. All the Federal troops are bound to render unconditional obedience to the orders of the Federal Commander-in-Chief. This obligation is to be undertaken in the banner-oath.
The highest in command of a contingent, as well as all officers who command troops of more than one contingent, and all Commanders of fortresses are appointed by the Federal Commander-in-Chief. The officers appointed by him take the banner-oath to him. For Generals, and officers filling the places of Generals in the Federal contingents the appointment is to be made dependent upon the assent of the Federal Commander-in-Chief in every case.
The Federal Commander-in-Chief has the right of choosing from the officers of all the contingents of the Federal army, by transposition with or without promotion, for all the places to be filled by him, whether in the Prussian army or in the other contingents.
LXV. The Federal Commander-in-Chief has the right of erecting fortresses within the territory of the Confederation, and he applies for the grant of the necessary means, if the ordinary supply does not afford them, in accordance with Section XII.
LXVI. Where special Conventions do not determine otherwise, the Federal Princes or the Senates appoint the officers of their contingents, with the restriction of Article LXIV. They are the Chiefs of all the corps of troops belonging to their territories and enjoy the honours connected therewith. They have namely, the right of inspection at any time, and they receive, besides the regular reports and announcements concerning alterations that occur, for the purpose of the requisite sovereign publication, communications in due time of the promotions and appointments affecting the respective bodies of troops.
They have also the right of employing not only their own troops for purposes of police, but also all other bodies of troops of the Federal army that may be detached in the territories of their countries.
LXVII. Savings in the military budget fall under no circumstances to any particular Government, but always to the Federal treasury.
LXVIII. The Federal Commander-in-Chief can declare any part of the Federal territory in a state of war if public security is threatened therein. Until the issue of a Federal law regulating the premisses, the form of the proclamation and the effects of such a declaration, the provisions of the Prussian law of June 4, 1851 (Ges. Samm. 1851, p. 451), are to be observed.
Section XII.—The Federal Finances.
LXIX. All the receipts and expenses of the Confederation must be estimated for each year, and brought into the Federal budget. This is to be settled by law before the beginning of the financial year, according to the following principles.
LXX. To provide for all common expenses any surpluses of the preceding year are first of all made use of, as well as the common revenues arising from the Customs, from the common taxes on consumption, and from the postal and telegraph services. In so far as these are not sufficient to cover the expenses, they are to be made up, so long as Federal taxes are not introduced, by contributions from the separate Federal States in proportion to their population, and those contributions will be imposed by the Presidency until they reach the amount fixed in the budget.
LXXI. The common expenses are granted, as a rule, for one year, but they may in special cases be granted for a longer time.
During the period of transition fixed in Article LX, the budget of the expenses for the Federal army arranged under titles, is only to be laid before the Federal Council and the Diet for their information and remembrance.
LXXII. An account of the application of all the revenues of the Confederation is to be laid before the Federal Council and the Diet by the Presidency yearly for the discharge of responsibility.
LXXIII. In cases of extraordinary need a loan may be contracted by way of Federal legislation, or a guarantee may be undertaken at the charge of the Confederation.
Section XIII.—Accommodation of Disputes, and Penal Regulations.
LXXIV. Every undertaking against the existence, the integrity, the security, or the constitution of the North German Confederation, finally, any offence against the Federal Council, the Diet, a member of the Federal Council or the Diet, an authority or a public functionary of the Confederation, whilst in the exercise of their functions, or in reference to their functions, by word, writing, printing, signs, figurative or other representatives, are to be judged and punished in the separate Federal States according to the laws now existing therein or hereafter coming into operation, by which a similar action against the separate Federal State, its constitution, its Chambers or Estates, or its members thereof, its authorities and functionaries would be judged.
LXXV. For those undertakings against the North German Confederation described in Article LXXIV, which would be characterized as high treason or State treason if directed against a separate Federal State, the Supreme Court of Appeal at Lubeck, common to the three Free and Hanse towns, is the competent deciding authority in first and last instance.
The detailed regulations as to the competency and the procedure of the Supreme Court of Appeal will be settled in the way of Federal legislation. Until the passing of a Federal law the competency, as hitherto existing, of the Courts in the separate Federal States and the regulations relating to the procedure therein, will continue applicable.
LXXVI. Disputes between different Federal States, if not concerning private rights, and as such to be decided by the competent judicial authorities, are to be settled by the Federal Council on the appeal of one of the parties.
Constitutional disputes in those Federal States whose constitution does not appoint an authority for the decision of such disputes, are to be amicably arranged by the Federal Council on the application of one of the parties, or if that cannot be done they are to be settled in the way of Federal legislation.
LXXVII. If a case of denial of justice should occur in a Federal State, and sufficient relief cannot be obtained by way of law, it belongs to the Federal Counci to receive the complaints as to the refused or obstructed administration of justice when proved according to the Constitution and the existing laws of the Federal State concerned, and to afford the legal redress therein in regard to the Federal Government which has given cause for the complaint.
Section XIV.—General Provision.
LXXVIII. Alterations of the Constitution take place by way of legislation, but a majority of two-thirds of the votes represented in the Federal Council is necessary thereto.
Section XV.—Relations with the South German States.
LXXIX. The relations of the Confederation with the South German States will be regulated immediately after the settlement of the Constitution of the North German Confederation by special Treaties to be laid before the Diet for approval.
The entry of the South German States, or any one of them, into the Confederation, takes place on the proposal of the Presidency of the Confederation in the way of Federal legislation.
This work is in the public domain in the U.S. because it is an edict of a government, local or foreign. See § 313.6(C)(2) of the Compendium II: Copyright Office Practices. Such documents include "legislative enactments, judicial decisions, administrative rulings, public ordinances, or similar types of official legal materials" as well as "any translation prepared by a government employee acting within the course of his or her official duties."
These do not include works of the Organization of American States, United Nations, or any of the UN specialized agencies. See Compendium III § 313.6(C)(2) and 17 U.S.C. 104(b)(5).
A non-American governmental edict may still be copyrighted outside the U.S. Similar to {{PD-in-USGov}}, the above U.S. Copyright Office Practice does not prevent U.S. states or localities from holding copyright abroad, depending on foreign copyright laws and regulations.
Public domainPublic domainfalsefalse