The sun. [volume] (New York [N.Y.]) 1833-1916, 1896-12-06

Confederation except that 10 Bavaria, No part
OF the inducemsnt to Join the empire. were
given elk delegates, instead OF four. Naturally,
on the other hand. Prussia obtained tho
votes OF the States which she absorbed
in 1860. There are in all ffty-eiEht mem
bers, of which Prussia has IL, Bavaria
0, saxony and wurtemberR. 4 each. Baden
and Hesse 3 each, Brunswick and Meek
lonburR. Sohwerln 3 each. and the remaining
fourteen States and three Free Cities one each.
But Prussia has really three votes more, be-
cause her contract with the Prince or Wal
deck gives her the vote Of that State, and. In
1Ss4-s5, having caused the Duke Of Cumber-
land to be excluded from the succession in
Brunswick. she got q Prussian prince appointed
perpetual Regent, and thus obtained the viz
tual control OF these two votes also; SO that she
has. in reality, 90 votes out OF the 90. This, Of
course. is much less than her proportion of the
population; the population OF the German en-
pire on Dec. /, 1900. was about 4o, 1000, 900. of
which Prussia Ind 0,00o.0 900. Nevertheless.
90 votes in tho same hands count for much
more than the same number hold by different
States. and she has only to win ten additional
votes, those of Bavaria and Wurtemberg, for
example. or those of some OF the smaller
States, in order to have an absolute majority.
In fact, she has usually had her way, although,
on several notable occasions, the other States
have combined and defeated her. This hap
pened in 1877, when the seat or tho Imperial
Court Of Appeals vas fixed at Leips'c Instead
of Berlin. as she desired; and. In 1875. on the
more important question Of tho imperial rail-
road law. AT the last named date Bismarck
refrained altogether from introducing into the
Bundesrath q bill for the purchase OF railroads
by the empire, knowing that II would be de-
feated By the opposition Of the middle-sized
States. although the project was one on which
he had set his heart. Again, in 1870. another
railroad bill was killed In the Bundesrath by
the opposition of Bavaria. Saxony, ana Wnr-
temberR, and. in the same year n conference of
the Finance Ministers Of the State refused to
consent to the tobacco monopoly. upon which
point, however, they yielded some years later.
The members Of the Bundcsrath are diplomats
rather than Senators. The Constitution pro-
vides that the Emperor shall give them the
protection accorded to Ambassadors, whereas
the members OF the Reichstag have only the
ordinary privileges of members OF a Parliament
They are appointed and removed at will by the
State they represent, which also paws them or
not, as II pleases. Tho votes they cast are the
votes of the State. not those OF It's representa-
tives, and II Is, therefore. provided that oil the
delegates OF a State must vote alike. In fact, all
the votes belonging to a State are counted with
out reference to the number Of delegates actu-
shhS ON''b NpNo hAS Sh~S VI
Prussia, for example. can be cast in her
name by q single representative, just as.
at q meeting of o private corporation. a
properly authorized agent can vote on all
the shares of stock belonging to his principal.
The delegates. moreover, vote according to the
instructions OF their home Government, and
the Constitution expressly declares that votes
not instructed shall nor be counted. This last
anomalous provision has given rise to some
ommen 1t certainly does not mean that q
delegate must produce his instructions before
he Is allowed to vote. On the contrary. the
Bundesrath appears to take no cognizance OF in
structions, which may. indeed. be OF any kind.
including an authority to vote as the delegate
thinks best: and 1t is even asserted that a vote
is valid whether 1t is in accord with the instruc-
lions or not. Mr.. Lowell Is disposed TO regard the
provision in the Constitution as a mere survival.
but II has been suggested that its's object is on the
one hand TO allow a delegate to excuse himself
from voting on the plea that he has not been
instructed, and. on the other. to make It clear
that q vote can be- taken. although the dele
gates have not all received their instructions.
thus taking away an excuse for delay that
might otherwise be urged. A delegate to the
Bundesrath 10 usually an officer of the State he
representa-. often one of its Ministers. or even
the head Of its Cabinet: in any case. the Minis
ters Of n State are responsible. according to its
own laws. for their instructions to the delegate.
In point of fact. the Ministers are frequently
questioned In the local Landtag. or Legislature.
about the Instructions they have given or pro-
pose to give, and resolutions are sometimes
passed in regard to them. Strangely enough.
however, though the delegates are frequently
officers OF the States they represent, they are
not necessarily even citizens of it. and 1t
is not for several of the smaller
Ctnto. frArn raNtl.oa 90 aa--~--, " -.a-ux.
the same man to act Ms delegate for them all.
Jointly. This habit grew to such an extent that
in April, 1880. when a stamp act proposed by
the Chancellor was seriously amended by q vote
of 80 TO 20. thirteen OF the smaller States were
not represented by any delegates of their own.
their votes being cast by two delegates from
other States. Bismarck rendered his ~resiGna-
tlon In disgust, and this caused tho Bundesrath
to reconsider its action and vote the tax. The
Chancellor, however. was not satisfied. He
complained that the practice of substitution
deprived the Bundesrath Of the presence Of
members who were open to argument, and he
insisted On the adoption of n rule dividing the
session into two periods. in one OF which the inn
portant matters should be considered and dele
gates from all the States should be present,
while this other should be devoted to current
affairs. when the States might appoint substt-
tuies IL they pleased. This rule was adopted.
and, for the convenience OF tho delegates. the
former period was made as short as possible.
The Buldesrath, In fine. Is in its nature unlike
any other body in the world. and, as has been
said. its peculiarities can be explained only by a
reference to the Diet of the old Germani Con-
federation. 1t Is not an international confer
ence, because 1t is part OF a constitutional sys-
tenn and has power to enact laws. On the other
hand, IL is not a deliberative assembly, because
the delegates vote according 10 instructions
from home. 1t Is unlike any other legislative
chamber. as the members do not en-
Joy a fixed tenure Of office and are not free to
vote according to their personal convictions.
Its essential characteristics are that II repre-
sents the governments of the States and not
their people. and that each State is entitled to n
certain nun Der of votes. which IL may authorize
one or more persons to cast In its name. these per-
sons being lis agents, whom 1t may appoint. recall
or instruct At any time. The nearest historical
analogue tothe Bundcsrath is the American Con-
gress. which wac established under the Articles
Of (,on feleratInn The trina cnncapfiun of the