The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-10-24

Let us examine the chief features of the North
German Confederation. which was, Of course,
substantially identical with the present Consti.
tuition of the German Empire. In this organic
law the old Confederate Diet reappeared under
the new name Of Federal Council. as the princi-
pal possessor Of the legislative as well as ex-
ecutive function. OF responsible Ministers, to
which the sovereign princes were to be subject,
no mention was made; the princes were all to
stand upon an equal footing, side by side.
Nor were the powers Of the Reichstag. or popu-
lar branch of the Legislature. SO extended as to
threaten the monarchical principle in the Con-
federation. In the new Federal Council, how
ever, there appeared one member, Prussia. hav-
ing, not, as at Frankfort, 4 votes out OF 10, nor
l vote out of II, but controlling II
votes out of 43. and thus enabled. by
combination with some of the smaller
States, to command a majority in all decisions.
There appeared q Presidency of tho Confedera-
ton. invested, as in the old Confederate Diet,
not only with the right formally to preside
over the transactions of the legislative body.
but also fully to represent the Confederation
abroad, empowered 20 control all diplomatic and
consular affairs, to declare war and make
peace. to conclude treaties. to exercise the right
of nominating all the functionaries of the Con.
federation, TO coerce a recalcitrant member of
the Confederation, and to oversee the execution
Of the Federal laws. In other articles, provis.
ion was made for a commander in chief OF the
army, having supreme command in peace and in
war over the united Federal forces into which
all the continGents of the Federal States of the
Confederation were to be merged. and also for
placing the North German war marine under
Prussian authority.
In view of Prussia's military triumphs and
its preponderant population twenty-five mil
lions out Of the thirty million inhabitants of the
Confederation) an emphatic recognition of the
Kings leadership could but be expected, still it
was with CONSERVATION that the draft OF the
Constitution was received by the representatives
of the allied Governments. How small was the
measure of control assigned to committees of
the Federal Council in comparison with the de-
gree OF power vested In the President! But little
of military dignity was left to the sovereign
princes, while at the same time they. In consc.
quence Of the introduction OF the Prussian
military system, would be compelled TO
impose heavy burdens upon their sub
jects. On the other hand. the election OF
the Reichstag by universal suffrage brought
forward a principle which threatened to revolu.
tionize all existing municipal institutions. The
administrative power. moreover. formerly re-
served to the individual States. was serious
ly restricted. seeing that the new Constitu-
ton reserved for Federal legislation all laws re-
1''hb ~ "a " hik iluOIl1 u LTuut,
protection of intellectual property. and patents
for Inventions; all laws relating to river navi.
cation and railroads, to paper money and gen.
eral banking regulations. and the procedure in
civil actions and bankruptcy suits. In a word.
wherever a common German interest existed,
there the power OF the Confederation was to be
applied in some form, legislative. executive, or
judicial. Only where there was no such com.
mon interest was the sovereignty of tho indi.
Vidual States left untrammclled.
or tho constituent States there wero some.
Oldenburg and Coburg, for example, that would
have preferred a radically different Constitu.
ton. Oldenburg deplored tho absence OF an
Upper House composed of the reigning SOW.
ereigns, and desired that other measures should
DO taken 10 Insure the security of the individual
states ami what We should call State rights.
CoourG WAS also in favor OF tho establishment
Of House OF Princes having equal power with
tho RoichstaG, md would have liked to draw
moro sharply The dividing limo between the com.
petence OF the central Government and that of
tho Individual States. Weimar thought that
something hotter than the projected Constltu-
ton might have been produced. Darn
stAdt, In Consequence of its peculiar posi-
ton. by reason OF which IL was half Fed.
eral and half alien territory, had u long
list OF proposals TO mako. The other small States
directed their attention chiefly toward the re-
]striction OF the right to levy taxes for Federal
purposes, the abatement OF the griovous military
burden. and toward making certain acts of the
President of the Confederation dependent upon
tho consent OF the Federal Council. Material
for endless discussion was thus forthcoming, but
the political situation WAS such as TO constrain
she Prrssian Government TO take summary
measures. The PrusSIan Pienirot-rtiary an.