New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-01-11
RTS,,tRCKS CONSTITUTIONAL STUDIES.

One of the most curious anecdotes In the
Memoirs of that most cynical of modern states
men. Prince Metternich, is little satire on
Constitution making. lie relates that All
pacha. of Janina, pcrcevng that the uprising
AGAINST the Porte was nearly at an end, wlsheu
TO make last effort by giving his people
Constitution. He sent letter to Prince Net
ternich bv n confidential messenger to TINS
effect: ALI Pacha, exclusively Interested IN
- the bappiness of his people has learned by cx-
@perience that the surcst guarantee OF tins hap
niuess lies in q Constitution. Convinced or
This truth. but ignorant of the real nature OF
. Constitution, he begs for the loan of good
" CONSTITUTIONS maker Prince Metternlch
drily replied that ho had no Constitution
maker at his disposal, and recommended the
surrender of the garrison to the Sublime Porte.
His faith lay in Princes rather than in Const-
tntions. He it was who pulled to pieces and
brought to naught the enlightened scheme
which Stein PROPOSED for uniting the German
States a.sainst external foes and securing the
liberties of the populations. The Prusslan
statesman had suggested that each sovereign
should grant his subjects Constitution, ana
that the rights of the people should be guaran-
teed in the fundamental law Of the Germanic
Confederation. The Austrian diplomat out
wtted Stein at Frankfort, and his ideas shaped
the history of Germany from the Congress OF
Vienna until the battle Of Sadowa. lie con-
tented himself with formulating the privileges
of the ruling classes, and, by keeping the rights
of the people wholly out of sight, did what he
could to bring the art Of Constitutions making
INTO contempt.
Now if Prince Bismarck, who occupies in
European diplomacy the commanding position
held by Prince Metternich in the last genera
ton, had received such message from be-
nightod quarter OF the Continent at any time
during the last twenty years, ho would nave
returned different answer. lie might, indeed,
have perceived the futility of military resist
ance and have urged an Immediate surrender,
but he would have dispatched n confidential
agent TO coach the Pacha in COnstitutl0n-mak-
ing and WOuld have assured him that knOwl-
edge of this modern art was essential to the
well-being of prince He does not object to a
Constitution which he himself is allowed to
make, although he may have a very low
opinion Cf the principles OF constitutional gCv-
eminent as they are generally understood. In
his opinion a Constitution shOuld serve as
dynastic bulwark against the entertainments
of the rising tide of democracy, and accord
ngly should be constructed by the soyerelgns
trained engineers. Such constitutional sys-
tenn he has devised for the Fatherland. lie
made suffrage universal and invested the Par
Lament with unrestricted privileges OF debate
but he reserved for the Emperor absolute con
troll over the Administration and entrenched
himself as Chancellor so securely in constltu-
uonal prerogatives that he could not be dis
lodged by the Deputies. Substantial power has
been retained by the Crown and It's servants,
and quasi privileges granted to the members
of the National debating society. The heads
of departments have not been Ministers re-
spOnsible to the representatives. OF the people
the President of the Council has not been
Premier supported by powerful party anu
the Rejchstag has not ac luired predominance in
legislation and control over administration.
This is the Bismarcilian conception OF const-
rutional government, with a single exception.
Universal suffrage he granted grudgngIy as
Frankfort tradition, but he did not have any
faith in it, aud has never ceased to lament the
moment Of weakness when he was induced to
sanction it.
The Prussian Constitution was drawn up by
the Constituent Assembly in 1913, IL the dcHb-
erutions of which Bismarck himself had taken
part as a devoCed Kings man. lie believed that
1t was "nOt the people, but the grace OF God
(which bestowed on the Prussian monarchs the
possession of a practically absolute crown, part
"of the rights OF which they have voluntarily
" lent to the peOb lean example rare III history.
The popular Parliament established alter the
Revolution of 1913 defined the rights OF Ger
man citizens and abolished class privileges but
it soon fell 10 pieces, and the liberal charters
granted by one sovereign after another were
gradually modified. The Prdss,an Constitution,
which was not even liberal at the start, was
narrowed by as many as ten royal DEGREES be-
fore Bismarck became the Kings chief adviser,
and has since been arbitrarily amended on
three occasions. There are two legislative
chambers and nine departments Of State, with
Bismarck as President OF the Council of Minis
tiers, but constitutional government in the pop
ular sense there is none. The Ministers APP
pointed by the King hold Office wholly at his
pleasure and are under no Parliamentary re-
sGraint; for while the Chambers have the prlyl-
lcge of demanding explanations aud ordering
pubic Investigations, and may IN an emergency
20 so far as to cut oil supplies, those who con-
duct the administration are responsible to the
King alone. In Prussia rs well rs IN Germany
Bismarck has remained Constitutlonallst of
his own type. ave draw lots" he wrote in his
early days, " for the integrity of the Prussian
Crown at any price,
Now it so happens that this veteran Kings
man has recently been lchcarsing the general
principles of what he consider, Constitutional
ism. In the Empcror's opening speech to the
Reichstag, i'm the Ch1nceIlor', ,mpassioncd de-
nmciatons Of Liberal innovations early in the
session and now in a royal r",cripl TO the Prus
sian Ministers, the absolute prerogatye, of the
Crn.,n b,y. been defined with painful pre-