The Washington herald., 1907-10-27
PRAGMATIC SANCTION.
History and Meaning of the Hapsburg Statute.
by EX-ATTACHE.

BY EX-ATTACHE.
Pragmatic sanction Is term which is
just at present much on the lip and in
the eye OF the public on both sides OF the
Atlantic. in connection with the success
sion TO the crown Of the dual empire Of
Tt Is pretty generally
that II Archduke Francis
Ferdinand follows his venerable uncle.
Emperor Francis Joseph, on the throne,
it is by virtue of the pragmatic sanction.
But just what the pragmatic sanction is.
what It means, and how it came into ex-
istence, very few people know. There are
some even, Ike the Hungarian grand
old man." the late Louis Kossuth, leader
Of the rebellion Of 1919, who always in
sisted that the pragmatic sanction was a
myth; that It did not actually exist, that
no copy OF it could be found among the
national archives of Hungary, and that
if any document Of the kind were ever
discovered that it would probably turn
out 10 be a forgery, basing his assertions
upon an alleged pronouncement 10 that
effect by the historian HOTmayr.
Questioned about the matter in ParIIa-
meut AZ Budapest, the Hungarian minis
teTs We're forced 20 admit that they had
entirely failed to discover what had be-
come of the original copy of the pragmatic
sanction. since the search that had been
made for it among the national archives
of Hungary had been fruitess, and that
so far as they were aware no trace could
be found OF IL at Vienna IL may, how
Fsf N-s.# 3
the original document IS among the fam
ily archives Of the House OF Hapsburg at
Vienna, although no official pronounce
ment upon the subject has ever been
made
It is q pity that the crown. or the
chancellor Of the empire should have re-
Trained from publicly admitting this. For
there IS no doubt that to-day "a large p0r-
ton of the Hungarian people give Gre
dence TO old Kossuth's assertion. are
firmly convinced thereby that the pTag-
matte sanction does not exist. and that
the rights of the House Of HapsbuTg 20
the throne Of Hungary are based on
something that is akin to fraud OF
course this is ridiculous. For the prag-
matte sanction governing the succession
to the crowns of Austria and Hungary
to-day is an imperial decree issued by
Charles VI, in 1723. signed by that mon
arch, and to which Hungary, Bohemia,
the Archduchy Of Austria, and other p0r-
tions Of the Hapsburg monarchy gave
their adhesion and pledged themselves to
obey. and which afteTward was COmmuni-
Gated by the Emperor to the various for
eign powers of Europe, each expressing
Its approval and good Will IN the matter
To say, therefore. that the pragmatic
sanction Of 1523 is a myth or a forgery
is preposteroUs. and il is amazing that
any people possessed Of education and in
telHgence should have attached the
slightest Importance 70 such a palPable
lie.
Before proceeding TO briefly discuss the
pragmatic sanction Of Emperor Charles
VI, It may be well to call attention to
the fact that there have been a number
Of other so-called pragmatic sanctions.
The expression seems to have been first
used to describe certain DEGREES of the
Byzantine Emperors enacted in public as
semblles with the council Of eminent 1u-
risconsults, or pragmaticii. and as such
distinct from ordinary imperial rescrlpts.
The expression is manifestly Greek. since
'pragmata" stands for state affairs" q"
Subsequently the use OF the term Travelled
westward. and it was applied TO a de-
cree Of six articles issued by ST. Louis.
the crusader King Of France, in 1863.
restricting the authority Of the Papacy
over the Gallo Church, and claiming
for the French crown the right Of ap-
pOintment TO the various Episcopal sees
in the kingdom A little less thar 800
years later, another decree Of much the
same character, and with the same OBJ
ject In view. was issued in council by
King Charles VII Of France at Bourges.
The sovereign Dukes Of Burgundy and of
Brittany refused to recognize It. but II
continued in force until the cOncordat Of
Francis 1 with Leo Y, Of which, indeed.
is constituted the basis.
The next pragmatic sanction Of which
we hear is that of Emperor Charles VI.
of Germany Having no sons, but only
a daughter, the Archduchess Maria The
resa, and being, moreover, the last male
OF his line, he issued a pragmatic de-
cree. vesting the succession Of all the
hereditary possessions of the house of
Austria in his daughter. These possess
slons included the Kingdom of Hungary
the Arehduchy of Austria, the Duchy Of
Sllesia, &c, but not the dignity of Ger
man Emperor, which, although it had
been for hundreds of years vested in the
house of Hapsburg, was theoretically
elective. This pragmatic decree first
came into existence in NIB as a family
statute. after due consideration by a
council OF state summoned by the En-
peror for the purpose Afterward
Charles, acting on the advice of his most
trusted counsellOrs, determined to trans
form it into a fundamental law of state
to take the place Of the laws of sue
cession previously enacted by Ferdinand