The Sun.
London, England, 1866-12-11 00:00:00

Taft of a German Constitution by the
Prince Consort.

The following documents, hitherto unpublishel,
may be found of interest in the present condition of
affairs in Germany :
" Buckingham Palace, March 28, 1848.
" The problem that must be solved is to convert
Germany from a Confederation of States (Staaten-
bund) into one Federal State (Bundesstaat). If the
solution is to be salutary and permanent, it must be
developed out of the state of affairs at present exist-
ing, and become the starting point of entire German
history. It must not be a cut- and-dry theory, but
the final representation of a position long foreseen
and desired by the German people, in which at one
and the same time all conditions and requirements
of the State generally are fulfilled in the most satis-
factory way. In Germany we have various indivi-
dual peoples, States complete in themselves, dynas-
ties, and crowns, which all mustbe united. It would
be sinful* to reduce to a common level and to obli
terate the individualities of the peoples by a cen-
tralisation, shaping all after the same pattern, for it
is in the peculiarity and legality of such individuali-
ties that the many-sided vitality and freshness of
life of the German people consists. The crowns and
dynasties, which are identical with the:personality
(Personlichkeit) of these States, must not be in-
fringed or humiliated if thepersonalityaud executive
power of the individual States they represent is not
to be destroyed ; but both—States and peoples—
should be taken together practically as a whole and
efficaciously constituted.
"I think the solution should be the following :
"The princes of the Germanic Confederation, to-
gether with the four burgomasters of the Free Towns,
form a conference of princes,* and elect from among
this number a German Emperor,* * either for life
or for a term of years (10) ?
" The Estates of the various German States elect
from among the members of both their Chambersf
a number proportionate to the population and im-
portance of the individual States, and organise
therewith a German Diet (Reichstag).
"An Austragal Court (Reichsgerich), presided
over by an irremovable* chancellor, to form a
supreme court, composed of the legal faculties of the
German universities,decisive in all questions between
the different individual States, between the various
Governments and their Estates in all German suc-
cession and regency questions, also in territorial
divisions and cases of heirship.
" The representation of Germanytobe incumbent
upon the Emperor. All imperial business to be car-
ried on in his name. In conjunction with the con-
ference of princes, he is to appoint to public offices.
At the head of the said conference he will upon each
occasion open the Diet. He is at liberty to reject
the propositions of the conference of princes, and a
resolution of the Diet can only become valid by his
sanction. He may, where he thinks fit, lalow him-
self to be represented by another prince. His
Ministers to be the Minister for Foreign Affairs and
the two Presidents of a Chamber of Commerce, and
a Council of War. These Ministers to be responsible
to the Diet.* The Minister for Foreign Affairs has
to negotiate with foreign ambassadors, and, in ex-
traordinary cases, to send envoys to foreign Courts.
" The German Chamber of Commerce, composed
of officials from the various States, to have the
management of the German customs, navigation,
roads, railways, postal, and traffic systems.*
"The German Council of War, formed of gene-
rals from the various armies, to conduct the organi-
sation of the German army composed of troops from
the different separate States, at the head of which
shall be a Federal commander-in-chief in time o
war. The German fortresses and the (prospective;
German fleet* to be also under the management of
the Council of War.

" The German Sovereigns themselves, or Princes
of their Houses representing them, to form the con-
ference of Princes. This conference to possess a veto
upon the resolutions of the Diet and upon the ap-
pointments to offices by the Emperor. Under the
Emperor's Presidency, the Conference appoints the
members of the three Imperial Chambers (Reichs-
kammern). It has to sanction the propositions to
be made by the Emperor to the Diet. It votes by
majority, yet so that the Princes of the larger States
have a comparatively larger number of votes.* Every
Prince may vote by proxy. The Conference of
Princes, with the Emperor, appoint the Federal
Commander-in-Chief in the event, and pending the
duration, of a war.

" The Diet (Reichstag) to assemble every three
years.* The deputies (Reichsboten ?) of which it is
composed from both Chambers of the various States
sit and debate together, but vote in two voting
bodies (Curien) corresponding to those chambers."
Let each member speak from his seat. The Diet
votes by majority, so that the agreement of both
voting bodies is necessary for decision. Let the
number of the members not be too large.** Not
above 50 in the first, nor 150 in the second Cham-
ber—together 200. A marshal of the Diet, elected
by the entire Diet, from the first voting body (Curie)
to act as President.

" Thus we have, then, an Emperor as the repre-
sentative and personification of German unity, and
as the supreme officer of the executive ' p
-ow or. His
worthiness is guaranteed by choice of
and from 21
_
crowned heads, upon whom, on the other hand falls
back part of the splendour of dignity voted,fro
among and by them. Further, as a branch of thein
executive power, a ' responsible Ministry in the Pre-
sidents of the three imperial Chambers, and a Fede-
ral Commander-in-Chief, whose ability is guaran-
teed by his election when his services are required

and for a certain period only. Further, a Conference
of Princes, as the immediate participator both of the
executive power and of the representative import-
ance of the Emperor, who, by this necessary parti-
cipation, perfectly secures the undiminished contin-

uance of the power and sovereignty of all German
Crowns. Then a diet, as an expression of the
collective will of the whole German nation, yet so
composed that at the same time the individuality of
every single German people and State is completely
represented by the despatch of the delegates of the
empire (Reichsboten) from its own Estates. Lastly,
we have a supreme Austragal tribunal as the ex-
pression of entire German legal wislona, relieved
from all external influences by its irremovability.
"The authority of all these tribunals naturally
only extends to matters of general German impor-
tance—which would have to be more exactly de-
fined—without interfering in the legislative and ad-
ministrative departments of individual States.

(Signed) " ALBERT."
The following autograph remarks were made by
King Frederick William IV. of Prussia upon Prince
Albert's draft :

" POTSDAM, April 1848.
" Of all projects of a constitution for Germany,
this of the intellectual and sagacious Prince best
meets my views. In detail, however, I cannot
agree even to this plan. I have underlined with
red that which meets with my especial assent,
and what I think bad is marked with a black'
St. Andrew's cross.t 4 The Emperor as actua
head of the Confederation does not suit my taste.
a~E .natperor elected for a term is a monstrosity,
head
al ue
which I openly protest. Should the supreme
of the Confederation really
only be chosen for
a term (which I consider a defect), the title of Em-
peror must not be
wasted and extended upon him.
Let him be called Reut But even the supreme
head for life cannot haveagelt:he name of Emperor, for
a
the sake of Austria,will show below. h
" The German nation has thousand years' right
that its chief should be
the
ibslpeuttheadt htheeadheoirf
Christendom. But it is not cl:di
end
of 30 Roman Emperors, namely, the heredita y
Emperor of Austria, should yield precedence to this supreme head by vote. Nay, it could not even be
demanded. Certain it is as anything can possibly
be that the Russian Emperor would never give pre-
cedence to this sort of German Emperor.
,Out of all
this I know a very easy escape, and one profitable

-7-----
* The words (marked rod in the original) to which one
asterisk is attached wore underlined by King William IV.
of Prussia as meeting with his special approbation. Those
portions of the text marked with two asterisks (St. An-
drew's cross in original) wero not approved byhis Majesty.
f Marked by the King of Prussia with " optime."
$ In this translation thekred marks are denoted by an
asterisk : those to which a cross is appended are shown by two asterisk,