The Sun.
London, England, 1848-12-09 00:00:00

GERMANY

AND

THE NORTHERN STATES.

PRUSSIA.

The following is the report of the Ministers pre-
sented to the KING, on which the decree for the dis-
solution of the Chambers is founded, and which sets
forth the reasons for that measure .
" Your Majesty, upon the grounds set forth in your
message of the Bth ult., had transferred from Berlin to
Brandenburg the seat of the Assembly which was con-
voked in order to agree upon the Constitution, and in-
vited that Assembly to meet again in the above town, on
the 27th ult., for the purpose of resuming the delibera-
tions which had been interrupted. By that measure,
which had solely in view the rendering the debates of
the representatives of tho people more independent of
the anarchic movements in, and terrorist influence of;
the capital, your Majesty felt convinced that you were
not only exercising the undoubted right of the Crown,
but also fulfilling a duty strictly imposed on you—one
referring to the welfare of the country. Unfortunately
your Majesty's good intentions were not appreciated by
a great portion of the Assembly. Unmindful of their
true mission, and of their duties towards the throne and
the country, the majority of the deputies, regardless of
the adjournment ordered by your Majesty, took it upon
themselves to continue their deliberations at Berlin, and
presumed to decide, as if the Assembly were a sovereign
power, on the right of the throne. Moreover, the mem-
bers set down as an illegal measure the dissolving of the
Berlin civic guard—a measure decided upon by your
Majesty upon clear legal grounds; and by that declera-
time excited the civic guards to oppose the execution of
that ordonnance. Finally, they did not hesitate, by in-
citing the people to refuse to pay the lawful taxes, to
cast the torch of anarchy into the country and to give up
the entire state to ruin. Through those resolutions, as
illegal as they are destructive, the majority of the Mem-
bers who continued their discussions in Berlin have come
to an open rupture with the Crown, and, with regard to
your Majesty, assumed a position by the continuance of
which all prospect of coming to a peaceful agreement
respecting the work of the constitution would ;hare
been removed out of view. Thereupon would your
Majesty, immediately after the resolution respecting the
refusal of the payment of taxes, be justified, beyond any
doubt, in dissolving the Assembly. Nevertheless your
Majesty did not abandon the hope that the loud voice
of the country and the love of fatherland, momentarily
kept back by passion, would withdraw many deputies
from the devious path on which they had entered ; that
by their accession the Assembly, on the expiration of
the period of adjournment, would be constituted anew
with a competent number to carry on business ; that
they, would then, in unequivocal terms, set forth the il-
legality and nullity of the resolutions taken by a por-
tion of their colleagues during the adjournment, and
that the Crown would be thereby enabled to resume
the business of agreeing upon the constitution, and
bring it soon to a successful termination. Had all
this succeeded, it would have been also possible to
have some laws passed soon, in unison with the As-
sembly, for the amelioration of the condition of the pre-
sent landed proprietors, and for responding to other
urgent wishes of the country, those laws being already
prepared.
" Your Majesty's hopes, unfortunately, through the
events of the past week, have been disappointed. Whilst
the members who remained true to their duty towards
your Majesty and fatherland had assembled four days
(from the 27th to the 30th ult.) in Brandenburg, without
being sufficiently numerous for the carrying out of busi-
ness, the Assembly was at length, on the Ist instant,
rendered competent by the entrance of a considerable
number of those deputies who hitherto opposed the re-
moval of the Assembly, by virtue of the message of the
Bth ult. Instead, however, of abandoning that propo-
sition, the spokes-men of the in-coming members do
dared that they had not appeared there in consequence
of your Majesty's order, but merely to prevent the pro-
posed summoning of their substitutes, and because the
President, who, during the adjournment, had been chosen
by the members that remained in Berlin, had c )evoked
the Assembly at Brandenburg. At the same time this
portion of the Assembly brought forward a motion for
adjournment till the 4th, with the expressed view of
gaining time for those members whom this summons of
the President had not yet reached. When this motion
was rejected, nearly all the newly arrived members
quitted the Assembly, which became thereby again in-
competent to carry on business, and unable to constitute
itself anew.
"This event, which made a deep and painful impres-
sion on the dutiful portion of the Assembly, as well as
upon each friend of fatherland who was present, afforded
the clear proof that that fraction of the Deputies who
continued their debates in Berlin after the 9th ult.—a
great portion, in fact the majority of the entire Assem-
bly—persisted in open opposition to the orders con-
tained in your Majesty's message of the Bth, and that,
according to our conscientious conviction, that opposi-
tion had reached a point which excluded all possibility
of an accordance with the Crown. That party was
enabled, by its numerical strength, to render at any time,
and at will, the Assembly incompetent for the carrying
on of business, as happened on the Ist inst., and against
such conduct the contemplated convocation of the sub-
stitutes would not have afforded sufficient protection,
particularly as they could not be legally convened dur-
ing the presence of the Deputies.
" Upon these grounds the Assembly, which had been
convoked in order to agree upon the Constitution, is
subjected to such deep internal distraction, that, accord-
ing to our views, the discussion of the Constitution can-
not be any longer continued without affecting the dignity
of the throne. We regret this state of things the more
deeply, as we fully expected that the continuance of the
labours for drawing up the Constitution, on the part of
those members who obeyed your Majesty's summons to
Brandenburg (some of whom had even sacrificed their
former views), would have led to happy results for fa-
therland. We are convinced that the renewal of the
attempt to constitute anew the Assembly after the five
failures of the preceding week, is not advisable, because
it is highly probable that the deep disunion of the As-
sembly and its unmistakeable internal dismemberment
would be again displayed, as on the Ist of this month,
to the regret of all patriots.
" We can only, therefore, advise your Majesty to dis-
solve forthwith the Assembly, convoked for the purpose
of agreeing upon the Constitution, and we take the liberty
of respectfully adding the draft of the ordonnance for
your Majesty's fulfilment of the above advice.
"It is certainly deeply to be regretted that, after more
than six months, the attempt to bring about an agree.
ment between the throne and the representatives of the
people should prove a failure. Still more deplorable,
however, would it be, were this failure to leave any
longer unsatisfied the aspiration of the country after
a Constitution from which it expects the restoration
of a stable system of law, and of that confidence
which is now destroyed in all the relations of public
life. Consistently with our duty, we can only advise
your Majesty to grant, without delay, a Constitution
which may found, confirm, and maintain true freedom,
and with the proviso that it will be subjected to the re-
vision of the Chambers, which are to be immediately
convoked. We have prepared a draft of such a consti-
tution, with strict reference to the promises made by
your Majesty in the month of March last, and also with
due regard, not only to the previous labours of the As-
sembly convoked in order to agree upon the Constitu-
tion, but also to the existing decisions of the German
National Assembly, whose further decisions will be at-
tended to in the revision of the law. Whilst we dutifully
submit this draft to your Majesty, together with one
relating to the law of elections, we leave respectfully to
your Majesty the carrying out of the same.
" In conclusion, we intend to lay respectfully, in a few
days, before your Majesty, the provisional decree of
several measures requisite for satisfying severe pressing
wants of the country.
(Signed by all the Ministers.)
" Berlin, Dec. 5."

THE NEW PRUSSIAN CONSTITUTION.
The following is a translation of the new Prussian
Constitution :
We, Frederick William, King of the Prussians, &c.,
hereby announce that, in consequence of the extraordi-
nary circumstances of recent occurrence, which have
rendered impossible the intended consolidation (verein-
barring) of the Constitution, and in conformity with the
urgent demands of the public welfare, and with every
possible regard to the comprehensive measures already
adopted by the elected representatives of the people, we
have resolved to issue the following project of Constitu-
tion, reserving the revision of the same, ordered at the
close, in the ordinary course of legislation.
We accordingly announce the following Constitution
for the Prussian kingdom:—
CHAP. I.—OF THE STATE DOMAIN.
1. All territorial parts of the monarchy in their
present extent form the Prussian State dominion (Staats
Gebeit).

2. The frontier of this State dominion can only be al-
tered by a law.
CHAP. THE RIGHTS OF PRUSSIA.
3. The Constitution and the law are to determine
under what conditions the qualification of a Prussian,
and the rights of a Prussian citizen, can be acquired,
exercised, and forfeited.

4. All Prussians are equal before the law. Privileges
of rank are abolished. Public offices aro equally acces-
sible to all competent persons.
5. Personal freedom is assured. The forms and con-
ditions under which an arrest is allowable are determined
by the law of the 24th of September, 1848, for the pro.
tection of personal freedom.
6. Habitations are sacred. Forcible entrance therein
and searches of domiciles are only allowable in the le.
gaily defined cases and forms. The seizure of papers
and letters must only be undertaken on the authority
of a judicial order, except in cases of arrest and inqui-
sition.

—l. Nobody must be withdrawn from his legal judges.
Exceptional tribunals and commissions, so far as they
are not declared admissible by this State Constitution,
are abolished.
Penalties can only be threatened or in-
flicted in conformity with the law.
8. Property is inviolable. It can only be withdrawn
or reduced on the ground of the public benefit, and in
consideration of an indemnification according to the
measure of the law,
9. Civil death and the punishment of sequestration of
property (vermogens •einziehung) are abolished.
10. Freedom of emigration is not restricted, nor must
emigration fees be demanded.
11. Freedom of religious faith, the union of religious
societies (Art. 28 and 29), and the common exercise of
religious worship are assured. The enjoyment of civil
and political rights is independent of' religious creeds,
and of participation in any religious society. No civil
or political duties, however, must be neglected on ac-
couut of the exercise of freedom of religion.
12. The Evangelical and the Romish Church, as well
as every other religious society, will order and adminis-

29. The conditions under which corporation rights
can be granted or refused are determined by law.
30. The right of petition appertaids to all Prussians.
Petitions, under a collective name, are,only allowable to
officials and corporations.
31. The secrecy of letters is inviolable. The restric-
tions that may be rendered requisite in the case of judi-
cial investigations and cases of war are to be established
by law. The law defines the officers who are responsible
for the violation of the secrecy of letters transmitted
through the post. •
82. All Prussians are bound to serve in defence of the
country (sind wehrpflichtig). The extent and nature of
this duty the law will define. To the army the arrange-
ments of sections 5,6, 27, and 28 are only applicable in
so far as they do not run counter to the prescriptions of
military discipline.
33. The armed force consists of the standing army,
the militia (landwehr), and the Burgher Guard (burger.
wehr). Especial laws will regulate the mode of enlist-
ment and the period of service.
34. The armed power can only bo used for the sup-
pression of intestinal commotions and for the execution
of the laws, on the requisition of the civil authorities,
and in the cases defined by the law.
35. The establishment of the Burgher Guard is to be
regulated by a special law.
36. The army is placed in time of war and active ser-
vice under the " military criminal jurisdiction," and is
subject to the military penal code, and in time of peace,
and when not in active service, to the general penal
code, with reservation of the military criminal jurisdic•
tion. The arrangements for military discipline is war
end peace, as also the peculiar details of the establish-
ment of the military judicial authority, will be the sub-
ject of special laws.
37. The standing army must not deliberate (beeath-
schlagen), nor can the militia (landwehr) do so, when
called together. Even when it is not assembled, all meet-
ings and associations of the landwehr for the discussion
of military orders and regulations are prohibited.
38. Tho establishment of feudal tenures and the foun-
dation of family entails (fidei commissen) is prohibited.
The existing institutions of this nature will be converted
by a legal ordinance into freehold property (freies
eigenthum).
39. The foregoing provisions (Article 38) are not for
the time applicable to the Crown fiefs, the entails of the
Royal and Princely house, the fiefs lying without the
State, or the fiefs and possessions formerly held imme-
diately under the empire, so far as the latter are guaran,
teed by the federal law of Germany. The legal relations
of the same will be ordered by a special law.
40. The right of the free disposal of landed property
is subject to no other limitations than to those of the
general law. The division of such property and the re-
demption of the land-taxes is guaranteed. The follow-
ing are abolished without indemnification:-
1. The seignioral jurisdiction (gerichts-herrlichkeit), the
manorial police and superintending power, and the
rights and privileges appertaining to certain territories;
whilst, on the other hand, the burdens and duties en-
tailed o❑ the possessors of such privileges are equally
abolished. Until the issue of the new " order of com-
munes" the existing arrangements with reference to the
police administration remain in force.
2. The duties arising from those privileges, from the
supreme right of protection, the ancient hereditary sub-
jection, and the ancient constitution of taxes, Bsc.
On the hereditary transmission of a territory the
transfer of the entire property is alone admissible; at the
same time, even in this case, an established redeemable
rent may be reserved.
CHAP. lIL-OF THE KING.
41. The person of the King is inviolable.
42. His Ministers are responsible. All ministerial
acts of the Ring must, in order to be valid, be coun-
tersigned by a Minister, who thereby assumes the re-
sponsibility.
43. Tho executive power appertains to the King alone.
Re appoints and dismisses the Ministers. He orders the
promulgation of the laws, and issues the necessary com-
mands for their execution.
44. The King takes the supreme command of the
army. •
48. He fills all situations in the same, as well as in
the other branches of the State service, so far as the law
allows.
46. The King has the right of declaring war, conclud-
ing peace, and entering into treaties with foreign Powers.
Commercial treaties, as well as others, imposing burdens
or duties on individual citizens, must bo assented to by
the Chambers.
47. The King has the right of granting pardon and
commuting punishments. This right can only be exer-
cised in favour of a Minister prosecuted for official mis-
conduct, on the proposal of the Chamber by which the
prosecution was instituted. He can only put an end to
investigations already commenced on the strength of a
special law.
48. The King has the granting of " orders" and other
distinctions not connected with privileges. He exercises
the right of coining money according to law.
49. The King convokes and prorogues the Chambers,
He can either dissolve one of them, or both simultane-
ously. The electors, however, must in this case be con-
vened within 40 days after the dissolution, and the Cham-
bers within 60.
50. The King can adjourn (vertagen) the Chambers.
But this adjournment cannot, without the consent of the
Chambers, exceed a space of 30 days, and must not be
repeated during their session.
51. The Crown is, conformably with the laws of the
royal house, hereditary in the male branch of the royal
house, according to the right of primogeniture and the
lineal succession of the Agnates.
52. The King attains his majority at the age of 18.
He must take a solemn oath before the united Chambers
to maintain the constitution of the kingdom inviolate,
and to govern in accordance with it and with the laws.
53. The King cannot simultaneously govern foreign
States without the consent of both the Chambers.
54. In the event of the King's minority the two Cham-
bers will assemble for the appointment of a regency and
a guardian, in so far as the same are not provided for by
a special law.
55. In the event of the incapacity of the King to go-
vern, the next heir to the Crown, or he who takes his
place according to the laws of the royal house, must
convoke both Chambers, to act in conformity with
Article 54.
.56. The Regency can only be confided to one person.
The Regent must take an oath, on his appointment, to
maintain the Constitution inviolate, and to govern in
conformity with it and with the laws.
57. The rents assigned to the revenues of tho do-
mains and forests by the law of the 17th of January,
1820, remain invested in the crown fief fund.
CHAP. IV.-OF THE MINISTERS.
58. The Ministers, as well as the State officials ap-
pointed to represent them, have admission to each
Chamber, and must be heard on their demand. Euch
Chamber can require the presence of the Ministers.
The Ministers only enjoy the right of voting when
members of the Chamber,
59. The Ministers may be impeached by a vote of the
Chamber for a violation of the Constitution, for corrup-
tion, and for treason. Such accusations will be tried by

100. With respect to taxes no exemption shall be in:
troduced. The existing regulations shall be revised, and
every exemption abolished.
101. The public officers can only levy contributions
when authorised by law.
102. Loans to the Treasury can only be contracted by
the authority of a law. The same provision extends to
guarantees at the charge of the State.
103. For excesses of expenditure the subsequent ap"
proval of the Chambers is required. The public accounts,
are to be examined and confirmed by the Higher Chain"
ber of Accounts (Rechnungs hammer). The e
gen ral
account for every year, including a review of the public,
debt, is to be laid by the lligher Chamber of Accounts
before the Chambers for the discharge of the Govern-
ment. The management and privileges of this Higher
Chamber of Accounts will be settled by a special law.
CHAP. IX.—OF THE COMMUNITIES, CIRCLES, DIS-
TRICTS, AND PROVINCES.
104. The dominions of the Prussian State are divided.
into provinces, districts (Bezirlie), circles, and communi:
ties (Gemeinde), the representation and management of
which is more accurately defined by special laws, based
on the following principles:-
1. The internal and special affairs of the provinces,
circles, districts, and communities, are to be decided
by assemblies of chosen delegates, whose decisions shall
be carried into effect by the presidents ( Vorsteher) of the
provinces, &c. The law will determine the cases in which

* It will be considered at the revision of the draft of
the Constitution whether part of the members of the First
Chamber are to be nominated by the King, and whether
seat in the Chamber is to be conceded to the head-burgo-
masters of large towns, and to the representatives of univer-
sities and academies of arts and sciences.t
It will be considered at the revision of the draft of the
Constitution whether another electoral system might not be
preferable, especially that of a classification to be instituted
tin
town and country, in which case all those who have hither°
been " Urwahler' would take part in the election.