The Sun.
London, England, 1841-06-19 00:00:00

_r'VENING

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GERMANY.

The following Address of the City of Breslau to the
Provincial Diet of Silesia, is the most important public
document for the history of Germany which has ap-
peared since the Frankfort ordinances of the year 1832.
It has not as yet appeared in any of the leading German
Journals :-
MENORIAL of the Magistracy of the City of Breslau in
favour of a Petition from the Provincial Diet of Si-
lesia to the King for a Representative Constitution.
The Magistracy of this capital city considers it to be
its calling and a sacred duty, as representatives of this
community, which is a member of the third estate of
the Diet of the province, to call attention to the ques-
tion of a constitutional representative body for the king-
dom during the present session of the sixth Silesian
Provincial Diet, in order that an opportunity may be
afforded to this province to express its opinion, but espe-
cially that the prayer of this City of Breslau may reach
the steps of his Majesty's throne.
1. By the national laws of Germany, a constitutional
representative body forms an indispensable inherent part
of every state of the German Confederation ; since the
13th article of the Act of Confederation, dated Bth June,
1815, declares that a representative constitution shall be
established in every state (II y aura des assemblees d'etats
dans tons les pays de la Confederation) ; and, by the
55th article of the final act, dated Vienna, 15th of May,
1820, and published for Prussia, by an order of the Ca-
binet, dated the 24th of Jane, 1820, the Diet of the Con-
federation is charged to provide that no state shall neg-
lect this decree (Prussian Laws, 1820, p. 126).
2. What must be understood by this representative as-
sembly here declared to be indispensable ? The true
meaning of the 13th article of the Act of Confederation,
and the nature of the obligation which it imposes upon
the German Sovereigns, can be clearly and fully defined
from the discussions which preceded the drawing up of
the said act in writing. In the meetings then held the
first step taken was to fix the principle of representation
by estates for every German state, and it was resolved to
define the rights which should be granted to the estates
thus established.
These rights are, Ist, the right of voting taxes ; 2d,
the proper control of their expenditure ; 3d, the right of
participating in the enactment of new laws ; 4th, the
right of impeachment ; sth, the right of having the
constitution of the country represented in the Diet of the
Confederation. These views pervade all the proposals
whi.rh the Act of Confederation contains, and against
their principle no German Sovereign has hitherto pro-
tested. (See Klaber's Acts, part 1., page 74 ; part 11.,
pas,l32
pages, 16, 94, ; part XII., page 156.) It was merely
out of regard to local considerations that it was thought
better not to go further into particulars in the wording
of this clause, and thus the concise form of the 13th
article was preferred, yet the interpretation of it, ac-
cording to the principles above stated, was adopted by
the majority of the German Sovereigns on their esta-
blishing representative constitutions in their states. More-
over Russia fully adopted the declaration made by Hano-
ver at the Congress of Vienna, on the 22d October, 1814,
when it declared it found itself compelled to press the defi-
nition of the rights enjoyed from time immemorial by the
subjects of German Princes, and to insist that estates,
furnished with real powers, should be established. (See
Kluber, Part 11., p. 313, 359, 378, 424, 516.) There is,
therefore, no shadow of doubt but that the constitu-
tional representation, which, according to Article 13 of
the Act of Confederation, ought to be established,
should be founded on the principles laid down, the man-
ner above shown at the Congress of Vienna, and the
rather, that-
First-The right of voting taxes was ever inseparable
from the -estates of every German land, this right
having repeatedly been acknowledged by the laws of the
empire.
Second-ne right of legislation has from all time
been enjoyed by -`lie estates of Germany.
Third-His latelSie.siesty Frederick William the Third,
animated by a high seileeS of justice, did not hesitate to
promise the fulfilment of the obligation, as understood in
this sense, and imposed upon eee.:v German Sovereign by
the 13th Article of the Act of Confeeelration. This pro-
mise he made to all his subjects, and the .:Ticre
that in the edict respecting the finances of the 27th of Oc-
tober, 1810 (Laws 1810, p. 25), his late Majes,:-. ani-
mated solely by his own good feelings, declared 'his jll-
- tention of giving the country a suitable representatioa,
not only for its provinces, but for the whole kingdom.
These dear and ever to be remembered promises of our
deceased father contain (A) general regulations for the
state, (B) the decrees addressed to the different pro-
vinces. Under the head Awe remark, Ist, the ever-
memorable edict of the 22d of May. 1815 (Laws 1815,
p. 103), containing the following words:-" The history
of Prussia shows, it is true, that the advantages of civil
liberty and the stability of a just administration,
founded on public order, have been secured by the per-
sonal qualities of the princes in full understanding
with their people to the extent that the imper-
fections of human institutions allow. That these
advantages may be rendered still more secure, and
to give a pledge of confidence to the Prussian
nation ; in order, too, that posterity may clearly
see the principles by which we and our fore-
fathers have conducted the government of the state,
and our serious concern for the welfare of our
subjects in a written charter, or constitution of the
State of Prussia, we have resolved as follows:-
Sect. 1. A representative body shall be formed to that
end. Sect. 2. The provincial diet, wherever such exists,
shall be re-established, and modelled according to the
demands of the time ; wherever such bodies do not exist
they shall be established. Sect. 3. The representative
body is to be elected from amongst the members of the
provincial diets, and is to sit at Berlin. Sect. 4. The
representatives of the nation shall take cognizance of all
legislative enactments touching the rights of persons or
property of the subject, including taxation. Sect. 5.
A commission is to be immediately named at Berlin, con-
sisting of prudent officers of the State, and inhabitants
of the provinces. Sec. 6. This commission shall under-
take-lst, the organization of the provincial diets ;
2dly, the organization of the body of representatives of
the states ; 3dly-, the drawing up of a constitutional char-
ter agreeably to the principle here laid down." 2. At
the close of the Royal ordinance for the establishment of
a Council of State, dated March 20, 1817 (Laws 1817, p.
67), we find repeated, " that the authority of the future
representatives of the nation in matters of legislation shall
be more fully defined in accordance with the ordinance of
22d May, 1815." 3. Finally, in the general ordinance re-
specting the management of the public debt of Jan. 17, 1820
(Laws 1820, par. 9):-" We hope by the publication of
the state of the national debt, and by the intended fu-
ture submission of its management to the Estates of the
Kingdom, to confirm the confidence of the public in the
• State and in its Government. We hereby declare this
account of debt to be closed, and that no debenture or
obligation of any kind may be issued beyond the sum
stated therein. Should at a future day the State be ne-
cessitated, for its security or for the public good, to con-
tract a fresh loan, such a step can only be taken with
reference to and under the joint guarantee of the Par-
liament, composed of the future Estates of the Kingdom.
In future cases of the vacancy of the posts of President,
or members of the Committee for administering the
public debt, the future Estates of the Kingdom shall
propose three individuals, from which one is to be chosen
to supply the vacancy. Finally, the Committee of aemi-
nistration of the public debt is bound to lay its yearly
accounts before the Estates of the Kingdom."
(B) With the wordaof these Royal ordinances, those
of the patents of occupation of the year 1815 fully agree.
For instance, in that of 15th May, 18L5 addressed- the
inhabitants '
inhabitants of the Grand Duchy of
41:osen (Laws,
p. 47),
the Royal promise is contained.:- That you will par-
ticipate in the Constitution which I have theintention of
giving to my faithful subjects ;" and in the patent of 22d
May, 1815, for the Saxon districts, in that for the here-
ditary states, and the provinces in themselves of Upper
and Lower Saxony, and for Westphalia
adatedn 2 1s t
June, 1815, and for the Duchy of Pomerani
a d
agree with Prin-
cipalitythose of Rugen, the Royal words
given above :-" The representation by estates shall be
preserved and adopted into the general constitution
which we intend to give to the whole state."--(Laws
1815, p. 77, 127, 193, 195, 203.)
Fourthly,-Have these promises, thus made in accord-
ance with the 13th article of the Act of Confederation,
been fulfilled ? They surely have not by the establish-
ment of the provincial diets, which are intended to, and
only can, take cognizance of provincial matters, but which
can in no wise exercise the rights thus promised to the
estates of the kingdom. They are as far from being ful-
filled by the recent royal propositions, since these are
limited to improving and enlarging the sphere of the pro-
vincial diets which were restored or established by his
late Majesty-, and thus down to the present time there
has been nothing done, besides giving effect to the royal
edict of sth June, 1823, for the organization of the pro-
vincial diets, and according to which his late Majesty re-
served to himself the right of deciding when an assembly
of the States General of' the kingdom should be required,
and how they were to be chosen from amongst the mem-
bers of the provincial diets.
Inasmuch as by the 13th article of the Act of Confe-
deration, and by the 55th article of the final act concluded
at Vienna, a general representative constitution must
be regarded as an integral part of the organization of
a German confederate state, and it has accordingly been
ordained by his late Majesty in the decree of 22d May,
1815, " that the organization of the national represen-
tative body is forthwith to be commenced ; besides, that
such a representation of the people is of the first import-
ance towards obtaining greater security and a more
rapid advance with national legislations, towards gaining
the confidence of the subjects who are taxed, and to
protect them against the partiality with which the
interests of the people are too often treated by the best
servants of the Crown ; since, too, a national representa-
tive body seems to offer the best means of uniting the various
provinces of the state into one body, and to ensure the
nation a constant development of power, and a happy
compact between the King and his subjects, it is surely
now the fit time to call forward this representative
body. Our humble prayer is, therefore, that the honour-
able provincial diet will pray his Majesty to establish
the promised constitutional representation of the king-
, dom, according to the principles laid down by his late
Majesty in the patent of 22d May, 1815. The people of
Prussia, by their approved fidelity, loyalty, and devo-
tion, have assuredly shown themselves to be as deserving
of this constitution as it is fitted to receive it by its
mental development, and the nation would be animated
with indelible gratitude to the high-minded monarch
ivho, by granting such a constitution to the stag, would
erect a noble monument testifying to the paternal quali-
ties of his government, and give the surest pledge of the
durajiems„..
_of his country's welfare.
i'reac,i„ , and Deputies of the City of Breslau.
It is in March 23, 1841.
pnusia.,...,!e.,_cr!nce of this memorial that the King of
-the miiiii7trak:oar refused to accept the invitation of
approttAing gsalereSlau to entertain him during the
men and 100 piee',3 ZeWctinZaxLieetognbitez,coanteonwhitcrhat4edo.,ooAo
gentle- hint to the refractory.