with North Germany is very gratifying, and your sketch of the organization and policy of united Germany and the progress of liberal political views in the states composing the new German empire, together with your account of the speech of the Emperor at the first sitting of the parliament of Germany, are equally so. I am, &c., HAMILTON FISH. No. 212.] No. 169. Mr. Bancroft to Mr. Fish. [Extract.] AMERICAN LEGATION, April 10, 1871. (Received April 27.) SIR: The session of the German Diet has thus far been marked by moderation and love of peace. The Pope, since the loss of his temporal dominions, feels himself ill at ease in the Vatican; and the suggestion was made by his friends here that he would seek refuge in Germany. To an informal inquiry the informal answer was given that the Pope would receive in Germany the protection and hospitality which the laws award, in the same degree as the late King of Naples; but that the exercise of his functions could take place on German soil only after the enactment of a law. The clerical party in the diet desire very much that the Emperor should claim for the Pope the restoration of his temporal power. In an address to the Emperor the diet expressed themselves, in a vote of 243 against 63, in general terms against any such measure, and against any intermeddling with foreign powers; and the Emperor, in his reply, assured them that they had rightly interpreted his speech at the opening of the session as declaring the policy of non-intervention. In Bavaria great division has arisen among the Catholics themselves. The Archbishop of Munich having required Döllinger to accept, within a limited time, the dogma of the Pope's infallibility, Döllinger replied, in an admirably written paper, by denying the dogma altogether. The great majority of the Catholic professors of Munich adhere to his exposition. He enjoys the confidence and protection of his King, so that there are materials there for a schism such as have not shown themselves in a Catholic kingdom since the time of Henry the Eighth of England. The new acquisition in Alsace and Lorraine is promised a liberal administration and liberal institutions. The people of Brunswick, which State, on the death of the present ruling prince, will fall to the King of Prussia, are taking measures, after the American principle, to preserve a government of their own for domestic legislation. For Roumania the status quo is approved by this government, and the ministry is looked upon as the best that can at present be selected, and the reigning prince, who is inclined to abdicate, is advised to remain. As to France, the German Empire is resolved to keep faith with the government with which it negotiated peace, and it seeks to stand aloof from all internal questions in France. I am, &c., GEO. BANCROFT. No. 218.] No. 170. Mr. Bancroft to Mr. Fish. AMERICAN LEGATION, Berlin, April 25, 1871. (Received May 9.) SIR: I have heretofore informed the Department that the most remarkable antagonism now existing in Germany relates to the constitution of the first house of the German Parliament. That house, as at present constituted, is appointed by the executive authority of each one of the twenty-five States of Germany; its votes are given as in the old Congress of the United States, not by individuals as such, but by States. An aristocratic party desires to establish a first house that shall be more analogous to the British House of Lords. On the 19th of this month, Prince Bismarck, incidentally in a speech in the diet, declared himself entirely opposed to a house of lords, and spoke in the warmest terms of eulogy of the first house, as at present constituted, as being a most "happily devised senate." A hereditary house, he said, could not furnish an adequate counterpoise or protection against the dangers which might spring from universal suffrage in its fullest exercise of its powers; but the vote of a state he described as the resultant of all the forces contained in the state, the vote of the executive modified by the legislature and the responsible ministry of the individual state. "The Sovereignty," he said, "does not belong to the Emperor, but to the totality of the united government;" and in this senate the wisdom, the intelligence of each one of the five and twenty governments, can make itself heard, can contribute its part toward the complete enlightenment of the whole body. "Therefore," said he, "I would beg of you not to touch the council of the union with an unfriendly hand. I see a sort of palladium for our future, a guarantee for the future of Germany, in this form of organization." The speech of Prince Bismarck confirms the conclusion to which I had come from my own observations-that in the Empire of Germany a house of peers is no longer possible, and that the American idea that no legislative office should be hereditary has established itself too firmly to be overthrown. With regard to the manner in which the members of the first house are chosen, the method that has been adopted is the best that can, as yet, be practiced. In many of the separate states of Germany, there exists a first house in which the hereditary aristocracy is strongly represented. We choose our Senators by the concurrent or the joint vote of the two houses of the legislature; in Germany, the two houses would be perpetually at variance in their selections, and a joint ballot of two houses, one of which represents in part at least a hereditary aristocracy, could not well be taken. The popular branch in each state might elect a more liberal council; the other branch, most certainly, a less liberal one. Thus in a conflict between a first house, after the British fashion of a house of lords, and a senate after the pattern of the American Senate, the latter has won in Germany the definitive victory. The British system finds so feeble a support that the proposition for its adoption is not likely to revive. I add, for your information and for the consolation of statesmen who sometimes do not see their way clearly through difficulties, that, in 1862, the present Emperor, being then King of Prussia, caused a paper for his formal abdication to be prepared, and he set his signature to it. The interposition of his advisers prevented the consummation of the act by delivery. Berlin, May 6, 1871. (Received May 23.) SIR: I inclose to you to-day a copy of the constitution of Germany, as reported to the diet, and as adopted without change. A bill is now pending in the Parliament fixing the rate of payment to the members of the diet for their legislative services, and their traveling expenses in coming to and returning from the place of session. The pay proposed to be fixed is prospective; not to be received until a new Parliament is chosen. The per diem allowance is three thalers, or $2 16 of our money. The average length of the annual session has not been more than sixty days. The number of the members of the diet is three hundred and eighty-two; the pay of the members for the year would, therefore, amount to $49,507 20. The amount allowed for traveling expenses is the fare in a second-class carriage from the nearest station to Berlin and back again. I have taken some pains to get at the average which the members would receive, and I find it to be in our money, $6 12 each way; each member, therefore, would receive $12 24 for traveling expenses, and the whole amount would be $4,675 68. German statesmen are already studying the constitution of our Supreme Court of the United States, and the wish is already heard that a like institution may find a place in Germany. I am, &c., No. 4. GEO. BANCROFT. GERMAN DIET, FIRST LEGISLATIVE PERIOD, FIRST SESSION, 1871. BERLIN, March 21, 1871. In the name of His Majesty the Emperor, the undersigned, chancellor of the empire, has the honor to submit to the diet, for its action, the annexed plan of a law regarding the constitution of the German Empire as it has been adopted by the Federal Council. V. BISMARCK. To the DIET. Law regarding the constitution of the German Empire. We, William, by the grace of God German Emperor, King of Prussia, &c., do hereby order, in the name of the German Empire, with the consent of the federal council and the diet, as follows: 1. Instead of the constitution of the Germanic Confederation adopted by the North German Union and the Grand Duchies of Baden and Hesse, (Bundesgesetzblatt for 1870, p. 627, et seq.,) and instead of the treaties concluded with the kingdoms of Bavaria and Würtemberg with regard to their adoption of this constitution, said treaties bearing date November 23 and 25, 1870, (Bundesgesetzblatt of the year 1871, p. 9, et. seq., and of the year 1870, p. 654, et seq.,) the following constitution for the German Empire is adopted: SEC. 2. The provisions of article 80 of the constitution of the Germanic Confederation mentioned in section 1, (Bundesgesetzblatt of the year 1870, p. 647,) under III section 8 of the treaty with Bavaria, of November 23, 1870, (Bundesgesetzblatt of the year 1871, p. 21, seq.,) in article 2, No. 6, of the treaty with Würtemberg, of November 25, 1870, (Bundesgesetzblatt of the year 1870, p. 656,) in relation to the adoption of the laws of the North German Union in these states, remain in force. The laws therein referred to are laws of the Empire. Where reference is made in them to the North German Union, its constitution, territory, members or states, citizenship, constitutional organs, citizens, officers, flag, &c., the German Empire and its respective belongings are to be understood. The case is the same with regard to such laws of the North German Union as shall hereafter be adopted in any of the aforesaid states. The agreements in the protocol adopted at Versailles on the 15th of November, 1870, (Bundesgesetzblatt for 1870, p. 657,) in the final protocol of November 23, 1870, (Bundesgesetzblatt for 1871, p. 23, seq.,) as well as those under IV of the treaty with Bavaria, of November 23, 1870, shall not be affected by the present law. In witness, &c. Done, &c. CONSTITUTION OF THE GERMAN EMPIRE. His Majesty the King of Prussia, in the name of the North German Union, His Majesty the King of Bavaria, His Majesty the King of Würtemberg, His Royal Highness the Grand Duke of Baden, and His Royal Highness the Grand Duke of Hesse, and by Rhine for those parts of the Grand Duchy of Hesse which are situated south of the Main, conclude an eternal alliance for the protection of the territory of the confederation, and of the laws of the same, as well as for the promotion of the welfare of the German people. This confederation shall bear the name of the German Empire, and shall have the following constitution. I. TERRITORY. ARTICLE 1. The territory of the confederation shall consist of the States of Prussia, with Lauenburg, Bavaria, Saxony, Würtemberg, Baden, Hesse, Mecklenburg-Schwerin, Saxe-Weimar, Mecklenburg-Strelitz, Oldenburg, Brunswick, Saxe-Meiningen, SaxeAltenburg, Saxe-Coburg-Gotha, Anhalt, Schwarzburg-Rudolstadt, Schwarzburg-Sondershausen, Waldeck, Reuss of the elder branch, Reuss of the younger branch, Schaumburg-Lippe, Lippe, Lubeck, Bremen, and Hamburg. II.-LEGISLATION OF THE EMPIRE. ARTICLE 2. Within this territory the empire shall have the right of legislation according to the provisions of this constitution, and the laws of the Empire shall take precedence of those of each individual state. The laws of the Empire shall be rendered binding by imperial proclamation, such proclamation to be published in a journal devoted to the publication of the laws of the empire, (Reichsgesetzblatt.) If no other period shall be designated in the published law for it to take effect, it shall take effect on the fourteenth day after the day of its publication in the law-journal at Berlin. ARTICLE 3. There is one citizenship for all Germany, and the citizens or subjects of each state of the federation shall be treated in every other state thereof as natives, and shall have the right of becoming permanent residents, of carrying on business, of filling public offices, and may acquire all civil rights on the same conditions as those born in the state, and shall also have the same usage as regards civil prosecutions and the protection of the laws. No German shall be limited, in the exercise of this privilege, by the authorities of his native state, or by the authorities of any other state of the confederation. The regulations governing the care of paupers, and their admission into the various parishes, are not affected by the principle enunciated in the first paragraph. In like manner those treaties shall remain in force which have been concluded between the various states of the federation in relation to the custody of persons who are to be banished, the care of sick, and the burial of deceased citizens. With regard to the rendering of military service to the various states, the necessary laws will be passed hereafter. All Germans in foreign countries shall have equal claims upon the protection of the Empire. ARTICLE 4. The following matters shall be under the supervision of the Empire and its legislature: 1. The privilege of carrying on trade in more than one place; domestic affairs and matters relating to the settlement of natives of one state in the territory of another; the right of citizenship; the issuing and examination of passports; surveillance of foreigners and of manufactures, together with insurance business, so far as these matters are not already provided for by article 3 of this constitution, (in Bavaria, however, exclusive of domestic affairs and matters relating to the settlement of natives of one state in the territory of another;) and likewise matters relating to colonization and emigration to foreign countries. 2. Legislation concerning customs duties and commerce, and such imposts as are to be applied to the uses of the empire. 3. Regulation of weights and measures of the coinage, together with the emission of funded and unfunded paper money. 4. Banking regulations in general. 5. Patents for inventions. 6. The protection of literary property. 7. The organization of a general system or protection for German trade in foreign countries; of German navigation, and of the German flag on the high seas; likewise the organization of a general consular representation of the empire. 8. Railway matters, (subject in Bavaria to the provisions of article 46,) and the construction of means of communication by land and water for the purposes of homo defense and of general commerce. 9 Rafting and navigation upon those waters which are common to several States, and the condition of such waters, as likewise river and other water dues. 10. Postal and telegraphic affairs; but in Bavaria and Hungary these shall be subject to the provisions of article 52. 11. Regulations concerning the execution of judicial sentences in civil matters, and the fulfillment of requisitions in general. 12. The authentication of public documents. 13. General legislation regarding the law of obligations, criminal law, commercial law, and the law of exchange; likewise judicial proceedings. 14. The imperial army and navy. 15. The surveillance of the medical and veterinary professions. 16. The press, trades' unions, &c. ARTICLE 5. The legislative power of the empire shall be exercised by the federal council and the diet. A majority of the votes of both houses shall be necessary and sufficient for the passage of a law. When a law is proposed in relation to the army or navy, or to the imposts specified in article 35, the vote of the presiding officer shall decide; in case of a difference of opinion in the federal council, if said vote shall be in favor of the retention of the existing arrangements. I.-FEDERAL COUNCIL. ARTICLE 6. The federal council shall consist of the representatives of the states of the confederation, among whom the votes shall be divided in such a manner that Prussia, including the former votes of Hanover, the electorate of Hesse, Holstein, Nassau, and Frankfort shall have 17 votes; Bavaria, 6 votes; Saxony, 4 votes. Würtemberg, 4 votes; Baden, 3 votes; Hesse, 3 votes; Mecklenburg-Schwerin, 2 votes, Saxe-Weimar, 1 vote; Mecklenburg-Strelitz, 1 vote; Oldenburg, 1 vote; Brunswick, 2 votes; Saxe-Meiningen, 1 vote; Saxe-Altenburg, 1 vote; Saxe-Coburg-Gotha, 1 vote; Anhalt, 1 vote; Schwarzburg-Rudolstadt, 1 vote; Schwarzburg-Sondershausen, 1 vote; Waldeck, 1 vote; Reuss, elder branch, 1 vote; Reuss, younger branch, 1 vote; SchaumburghLippe, 1 vote; Lippe, 1 vote; Lubeck, 1 vote; Bremen, 1 vote; Hamburgh, 1 vote; total 58 votes. Each member of the confederation shall appoint as many delegates to the federal council as it has votes; the total of the votes of each state shall, however, be cast by only one delegate. ARTICLE 7. The federal council shall take action upon 1 The measures to be proposed to the diet and the resolutions passed by the same. 2. The general provisions and regulations necessary for the execution of the laws of the empire, so far as no other provision is made by said laws. 3. The defects which may be discovered in the execution of the laws of the empire, or of the provisions and regulations heretofore mentioned. Each member of the confederation shall have the right to introduce motions, and it shall be the duty of the presiding officer to submit them for deliberation. Legislative action shall take place by simple majority, with the exceptions of the provisions in articles 5, 37, and 78. Votes not represented or instructed shall not bo counted. In the case of a tie, the vote of the presiding officer shall decide. When legislative action upon a subject which does not affect, according to the provisions of this constitution, the whole Empire is taken, the votes of only those states of the confederation shall be counted which shall be interested in the matter in question. ARTICLE 8. The federal council shall appoint from its own members permanent comnittees 1. On the army and the fortifications. |