The Sun.
London, England, 1859-05-26 00:00:00

THE GERMANIC CONF_EDERATIO_V,

There are some current misconceptions as to the
constitution of the Germanic Confederation, and as
to the policy of Prussia in the Federal Assembly at
Frankfort, -which may render a few explanations
on those points useful to the public.
By the-53d article of the Treaty of 'Vienna, the
Sovereign-Princes and Free Cities of Gerpany
established amongst themselves a perpetual League,
by the name of the Germanic Confederation., The
object of this association was by the next article
declared to be the maintainance of the external and
internal security of Germany, and the independence
and inviolability of the Confederated States. The
affairs of the Confederation were confided to a
Federal Diet at Frankfort-on-the-Maine. In this
Diet there are on ordinary affairs 17 votes, of which
the German kingdoms and larger duchies have one
each, amounting to 11, and the other six votes are
divided amongst the minor States and free towns
in clusters. When, however, the Diet is formed
into a General Assembly, for making or altering
its fundamental laws and other graver matters, the
votes are increased to 69, of which the kingdoms
possess 4 each, the larger duchies 3, three of the
smaller duchies 2 each, and the other confederated
powers 1 vote each. By Article 63, the States of
the Confederation engaged to defend, not only
Germany in its entirety, but also each individual
State of the Union in case of attack, and reciprocally
guaranted to each other the States then comprised
in the Union.
It will be at once observed that the system of
voting so laid down necessarily and unavoidably
gave the smaller states an undue and fictitious im-
portance in the Federal Diet, and led to the cultiva-
tion of separate interests amongst the minor con-
federates by the two great monarchies of Austria
and Prussia, between which well defined rivalries
and jealousies existed. Thus the Diet became, and
has continued to be, the scene and theatre f in-
trigues, imbroglios, and arrangements which no non-
Germanic mind can pretend to unravel, but which
the simplest politician out of Germany from the first
saw would in time of peace operate adversely to the
progress of Germany towards liberty and unity, and
in time of war lead, as they are now happily doing,
to discord. _ .

By virtue of the preliminary provisions of the
Treaty of Vienna the Federal Diet is authorised to
enact fundamental laws ; and at various times from
1815 downwards it has done so. Amongst them is
a code called the Wiener Sehlu3sacte of 15th May,
1820. This code was passed by the Confederation for
the execution of the principles contained in the
Treaty of Vienna, and reiterated and developed in
the original constitution of the Diet, and is consi-
dered equally binding with that instrument. It is
under the regulations of the Act of 1820 that the
present differences in the Diet have arisen.
By Article 46 it is laid down that if a State of
the Germanic Confederation, having possessions not
belonging to the territory of the Confederation ,be gin
a war in its quality of an European Power, such war,
having nothing to do with the institutions and
obli-
gations of the Confederation, shall remain foreign to
the Confederation. By Article 47 it is further pro-
vided that in the aforesaid case, when such a State
of the Confederation shall be threatened or attacked
in its non-Germanic possessions, the Confederation
shall not be bound to adopt common measures of
defence or to take part or assist, unless the Diet
shall decide by a majority of votes that the territory
of the Confederation is endangered.
It is the latter provision which is so much dis-
cussed in Germany just now. The States of Middle
and Southern Germany, in which Austria has been
able more or less to establish influence, are moved by
Austria to bring about a decision of the Diet that the
territory of Germany is endangered by the Italian
war ; and as they are numerous, they may, under
the absurd system of voting established, get a ma-
jority, and so precipitate Central Europe into war.
But Prussia, the great military power of Germany,
and its leading State in every sense out of the Diet,
has indicated pretty clearly that she will not sub-
mit to a majority so composed, and will not be
pressed by the small states and tools of Austria into
war against her free will. No doubt the technical
legality of this pretension of Prussia may be ques-
tioned; but it is so irrational that a mere numerical
majority of small states should be able to dispose of
the entire resources of Prussia, including an army
three times as numerous as' the combined forces of
those states, that Prussia has all the moral right of
the case in her favour. And if by her steady resist-
ance to the clumsy enthusiasm of the,confederates
in favour of Austrian despotism, and against Italian
independence, Prussia save Europe from a general
war, deep will be the obligations of mankind to the
Court of Berlin.—Daily News.