Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-03-28
GERMANY AND AMERICA
Comparison of Constitutions of
the Two Countries.
ADDRESS BY PROF. HoTzSCH
Opposing Principles Found Under
Similar Fundamental Laws.
COUNTRIES SAME IN ESSENTIALS
In United States Power Rests With
the People-In Germany
the Empire.
ADDRESS BY PROF. HoTzSCH
COUNTRIES SAME IN ESSENTIALS

University Hall Of the George Washing
| ton University was crowded yesterday att
ernoon with students, members of the
| faculty and large number of others. in
GLIDING members of the diplomatic corps,
who listened to an instructive lecture on
"A Comparison of the Constitutions Of Ger
! many and the United States" by Prof. DR..
| Otto E. G, Hotzsch of the Royal Academy
of Posen. Justice Harlan of the Supreme
| Court of the United States presided and
| introduced the speaker.
Prof. Hotzsch, in his comparison of the
| two constitutions, said In part:
1.-The first professor to hold the Roosevelt
professorship in the University Of Berlin.
Prof. John w. Burgess of the Columbia
| University of New York. said in his in
| augural address in October last: The two
| great events which put in the shade all
others during the latter half Of the nine
| teenth century were the preservation and
| consolidation of the political and national
| unity of the United States and the laying
| of the foundations of Germany's political
and national unity For a long time have
| heard nothing more correct than this ex-
preston used by the distinguished scholar.
Not only in respect to history generally is
his point of view correct one-it is to the
point in respect to the comparison Of the
| two constitutions, and for this reason are
| the Americans and Germans, in my opinion
| especially capable of understanding the
| constitutional life each of the other which
| to others appears and is a difficult and COM
| DleX one
Comment on Comparison.
| Frankly, at the first glance, it can
easily appear an idle question, to compare
| the two constitutions Here the principle
| OF democracy, there that of monarchy
opposed principles mutually exclusive of
| each other. But in spite of their different
forma lions We can say that the two are es-
sentially more nearly related to each other
| IMAM, for example, the American and Eng
| fish constitutions. That comes from the
| fact that the problem which the history of
| the German and American nations set to
| be solved was quite the same from single
absolute state to found upon a democratic
foundation united state which should
take from its component states no more
than was necessary, and was yet strong
enough to outwardly represent and pro-
tect them all. The most important factor
in the constitutional life of the United
States and the German empire is common
to both. Both are not unity, but a COM
bination of separate states, and therefore
are found in the history and theory of
these constitutions so many resemblances
and parallels
Il take one example: The theory of null
LITIGATION, which John c. Calhoun of South
Carolina set up--that each state of the
Union is supreme, and could withdraw
from the Union-could dissolve 1T. Exact
ly the same opinion has existed in Ger
many. Prof. Max Won Teydel of Munich
has taken Calhoun's reasons in order to
claim this opinion and right for the
separate German states. And second
parallel, the most important, the American
like the German constitution took it's rise
upon the battlefield In the conflict with
England under the leadership of George
Washington, and on the battlefield of Chat
tanooga and Gettysburg, under the great
leaders of the war of the secession the
American Constitution was born, and in
the wars with Austria and France, under
the leadership of the German princes the
non chancellor created the union and the
constitution of Germany.
Point of Difference.
| The starting point was different. The New
| England states became states when they
| declared their independence on the Fourth
| of July, 1776. and became a Union when as
| 1t is stated in your Constitution, The people
| of the United States order and ordain this
Constitution for the United States of Amer
| lea The welding together of the various
states Of Germany into one mighty whole
| Is the result of the wars that have been
waged; Of Bismarck's craftsmanship and
the cooperation of the German princes
Therefore, the source of public law is diff
! ferent IN the United States and Germany.
AS In America, so in Germany 1t was a
hight between the north and south, over
itself.
secession one is astonsshed by the rapidity
with which the nation made 1t possible for
the wounds to heal, and by the rapidity
with which the north and south came once
more together. The circumstances in Ger
many We're similar. Austria, which had
been defeated and dislodged from the su
premacy in Germany by Prussia soon be-
came the most faithful ally in the alliance
with the new German empire. Immediately
after the war began the formation of a
new Alliance with the other German states
against which Prussia had taken the field
was accomplished. Thus the first reichstag
met on the Oath of February in 1867 l must
compare it with the Philadelphia conven-
ton, which. in the year 1887, called into be-
Ing the Constitution of the Union AS that
scheme of the Philade!phfa convention he
came the Constitution only by means of its
acceptance in the legislatures of the various
states, SO it was with the scheme of tho
North German reichstag by means Of the
acceptance in the landstag
from the 10th of April, 1871 dates the
cons constitution of the German empire, eighty
four years later than the life of the Const,-
tuition of the United States similar in
origin, and hence its nature was originally
qu i. as hasty as the Unions Constitution.
, IN Germany the general opinion is tho+
the prerogative of the states of the aiuanao
only extends SO far as it is not Overturned
py that of the empire, whereas in A1arica
rue. 1Te opposite opinion is The popular one.
mat Is, the separate states have the whole
prerogative and the union only that mart
OF the law which in the constitution is ey
pressly given to it.
Upon What Each Rests.
Inc Constitution rests in America upon
the foundation of an absolute mower of Tho
people, while in Germany the single states
have submitted themselves to the sunreme
power of the empire. but are in their organ.
ization provided for by the imperial con-
stitution.
Both nations can trace in history and in
the present time why the Union must
become republic democracy which re-
quires no great army, and why Germany
| must be ruled by hereditary sovereign
and must preserve strong army"
In conclusion the speaker said: who as
! a historian looks into his period cannot
free himself from the thought that he sees
before him in America and Germany the
/