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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 Novenaber 23, 1870, (Bupdesgesetzblatt 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.
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.
1.-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, Renss 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 panpers, 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, (iu Bavaria, how. ever, 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 ihe coinage, together with the emission of funded and nnfunded paper money.
4. Banking regulations in general.
7. The organization of a general system of 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.
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 imposte 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.
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 yote; 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 upon1 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 contederation 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 comaittees1. On the army and the fortifications.
2. On paval, affairs.
In each of these committees there shall be representatives of at least four states of the confederation, beside the presiding officer, and each state shall be entitled to only one vote in the same.
In the committee on the army and fortifications Bavaria shall have a perminent seat; the remaining members of it, as well as the members of the committee on naval affairs, shall be appointed by the Emperor; the members of the other committees shall be elected by the federal council. These committees shall be newly formed at each session of the federal council, i. e., each year, when the retiring members shall again be eligible.
Besides, there shall be appointed in the federal council a committee on foreigo affairs, over which Bavaria shall preside, to be composed of the plenipotentiaries of the Kingdoms of Bavaria, Saxony, and Würtemberg, and of two plenipotentiaries of the other states of the Empire, who shall be elected annually by the federal council. Clerks shall be placed at the disposal of the committees to perform the necessary work appertaining thereto.
ARTICLE 9. Each member of the federal council shall have the right to appear in the diet, and shall be heard there at any time when he shall so request, to represent the views of his government, even when the same shall not have been adopted by the majority of the council. Nobody shall be at the same time a member of the federal council and of the diet.
ARTICLE 10. The Emperor shall afford the customary diplomatic protection to the members of the federal council.
ARTICLE 11. The King of Prussia shall be the president of the confederation, and shall have the title of German Emperor. The Emperor shall represent the empire among nations, declare war, and conclude peace in the name of the same, enter into alliances and other conventions with foreign countries, accredit embassadors, and receive them. For a declaration of war in the name of the empire, the consent of the federal conncil shall be required, except in case of an attack upon the territory of tho confederation or its coasts. · So far as treaties with foreign countries refer to matters which, according to article 4, are to be regulated by the legislature of the empire, the consent of the federal coupcil shall be required for their ratification, and the approval of the diet shall be necessary to render them valid.
ARTICLE 12. The Emperor shall have the right to convene the fecleral council and the diet, and to open, adjourn, and close them.
ARTICLE 13. The convocation of the federal council and the diet shall take place annually, and the federal council may be called together for the preparation of business without the diet; the latter, however, shall not be convoked withont the federal council.
ARTICLE 14. The convocation of the federal council shall take place as soon as demanded by one-third of its members.
ARTICLE 15. The chancellor of the empire, who shall be appointed by the Emperor, shall preside in the federal council, and supervise the conduct of its business.
The chancellor of the empire shall have the right to delegate the power to represent him to any member of the federal council.
ARTICLE 16. The necessary bills shall be laid before the diet in the name of the Emperor, in accordance with the resolutions of the federal council, and they shall be represented in the diet by members of the federal council or by special commissioners appointed by said council.
ARTICLE 17. To the Emperor shall belong the right to prepare and publish the laws of the empire. The laws and regulations of the Emperor shall be published in the name of the empire, and require for their validity the signature of the chancellor of the empire, who thereby becomes responsible for their execution.
ARTICLE 18. The Emperor shall appoint the officers of the empire, require them to take the oath of allegiance, and dismiss them when necessary.
Officials appointed to an office of the empire from one of the states of the confederation shall enjoy the same rights to which they were entitled in their native states by their official position, provided no other legislative provision shall have been made previously to their entrance into the service of the empire.
ARTICLE 19. If states of the confederation shall not fulfill their constitutional duties, proceedings may be instituted against them by military execution. This execution shall be ordered by the federal council, and enforced by the Emperor.
ARTICLE 20. The members of the diet shall be elected by universal suffrage, and by direct secret ballot.
Until regulated by law, which is reserved by section 5 of the election law of May 31, 1869, (Bundesgesetzblatt, 1869, section 145,) 48 delegates shall be elected in Bavaria, 17 in Würtemberg, 14 in Baden, 6 in Hesse, south of the river Main, and the total number of delegates shall be 382. ARTICLE 21. Officials shall not require a leave of absence in order to enter the diet. When a member of the diet accepts a salaried office of the empire, or a salaried office in one of the states of the confederation, or accepts any office of the empire, or of a state, with which a high rank or salary is connected, he shall forfeit his seat and vote in the diet, but may recover his place in the same by a new election.
ARTICLE 22. The proceedings of the diet shall be public. Truthful reports of the proceedings of the public sessions of the diet shall subject those making them to no responsibility.
ARTICLE 23. The diet shall have the right to propose laws within the jurisdiction of the empire, and to refer petitions addressed to it to the federal council or the chancellor of the empire.
ARTICLE 24. Each legislative period of the diet shall last three years. The diet may be dissolved by a resolution of the federal council, with the consent of the Emperor.
ARTICLE 25. In the case of a dissolution of the diet, new elections shall take place within a period of 60 days, and the diet shall reassemble within a period of 90 days after the dissolution.
ARTICLE 26. Unless by consent of the diet, an adjournment of that body shall not exceed the period of 30 days, and shall not be repeated during the same session, without such consent.
ARTICLE 27. T'he diet shall examine into the legality of the election of its members and decide thereon. It shall regulate the mode of transacting business, and its own discipline, by establishing rules therefor, and elect its president, vice-presidents, and secretaries.
ARTICLE 28. The diet shall pass laws by absolute majority. To render the passage of laws valid, the presence of the majority of the legal number of members shall be required.
When passing laws which do not affect the whole empire, according to the provisions of this constitution, the votes of only those members shall be counted who shall have been elected in those states of the confederation which the laws to be passed shall affect.
ARTICLE 29. The meinbers of the diet shall be the representatives of the entire people, and shall not be subject to orders and instructions from their constituents.
ARTICLE 30. No member of the diet shall at any time suffer legal prosecution on account of his vote, or on account of utterances made while in the performance of his functions, or be held responsible outside of the diet for his actions.
ARTICLE 31. Without the consent of the diet, none of its members shall be tried or ponished, during the session, for any oftense committeil, except when arrested in the act of committing the offense, or in the course of the following day.
The same rule shall apply in the case of arrests for debt. At the request of the diet, all legal proceedings instituted against one of its members, and likewise imprisonment, shall be suspended during its session.
ARTICLE 32. The members of the diet shall not be allowed to draw any salary, or be compensated as such.
VI.-CUSTOMS AND COMMERCE.
ARTICLE 33. Germany shall form a customs and commercial union, having a common frontier for the collection of duties. Such territories as cannot, by reason of their situation, be suitably embraced within the said frontier, shall be excluded. It shall be lawful to introduce all articles of commerce of a state of the confederation into any other state of the confederation, without paying any duty thereon, except so far as such articles are subject to taxation therein.
ARTICLE 34. The Hanseatic towns, Bremen and Hamburg, shall remain free ports outside of the common boundary of the customs union, retaining for that purpose a district of their own, or of the surrounding territory, until they shall request to be admitted into the said union.
ARTICLE 35. The empire shall have the exclusive power to legislate concerning everything relating to the customs, the taxation of salt and tobacco manufactured or
raised in the territory of the confederation ; concerning the taxation of manufactured brandy and beer, and of sugar and sirup prepared from beets or other domestic productions. It shall have exclusive power to legislate concerning the mutual protection of taxes upon articles of consumption levied in the several states of the empire; against embezzlement; as well as concerning the measures which are required, in granting exemption from the payment of duties, for the security of the common customs frontier. In Bavaria, Würtemberg, and Baden, the matter of imposing duties on domestic brandy and beer is reserved for the legislature of each country. The states of the confederation shall, however, endeavor to bring about uniform legislation regarding the taxation of these articles.
ARTICLE 36. The imposing of duties and excises on articles of consumption, and the collection of the same, (article 35,) is left to each state of the confederation within its own territory, so far as this has been done by each state heretofore.
The Emperor shall have the supervision of the institution of legal proceedings by officials of the empire, whom he shall designate as adjuncts to the custom or exeise offices, and boards of directors of the several states, after hearing the committee of the Confederate Council on customs and revenues.
Notices given by these officials as to defects in the execution of the laws of the empire (article 35) shall be submitted to the confederate council for action.
ARTICLE 37. In taking action upon the rules and regulations for the execution of the laws of the empire, (article 35,) the vote of the presiding officer shall decide, whenever he shall pronounce for upholding the existing rule or regulation.
ARTICLE 38. The amounts accruing from customs and other revenues designated in article 35 of the latter, so far as they are subject to legislation by the diet, shall go to the treasury of the empire.
This amount is made up of the total receipts from the customs and other revenues, after deducting therefrom
1. Tax compensations and reductions in conformity with existing laws or regula tions.
2. Reimbursements for taxes unduly imposed. . 3. The costs for collection and administration, viz: a. In the department of customs, the costs which are required for the protection and collection of customs on the frontiers and in the frontier districts.
b. In the department of the duty on salt, the costs which are used for the pay of the officers charged with collecting and controlling these duties in the salt mines.
c. In the department of duties on beet-sugar and tobacco, the compensation 'which is to be allowed, according to the resolutions of the confederate council, to the several state governments for the costs of the collection of these duties.
d. Fifteen per cent. of the total receipts in the departments of the other duties.
The territories situated outside of the common customs frontier shall contribute to the expenses of the empire by paying an aversum, (a sum of acquittance.)
Bavaria, Würtemberg, and Baden shall not share in the revenues from duties on liquors and beer, wbich go into the treasury of the empire, nor in the corresponding portion of the aforesaid aversum.
ARTICLE 39. The quarterly statements to be regularly made by the revenue officers of the federal states at the end of every quarter, and the final settlements (to be made at the end of the year, and after the closing of the account-books) of the receipts from customs,.which have become due in the course of the quarter, or during the fiscal year, and the revenues of the treasury of the empire, according to article 38, shall be arranged by the boards of directors of the federal (states, after a previous examination in general summaries in which every duty is to be shown separately; these summaries shall be transmitted to the federal committee on accounts.
The latter provisionally fixes, every three months, taking as a basis these summarice, the amount due to the treasury of the empire from the treasury of each state, and it shall inform the federal council and the federal States of this act; furthermore, it shall submit to the federal council, annually, the final statement of these amounts, with its remarks. The federal council shall act upon the fixing of these amounts.
ARTICLE 40. The terms of the customs-union treaty of July 8, 1867, remain in force, so far as they have not been altered by the provisions of this constitution, and as long as they are not altered in the manner designated in articles 7 and 78.
ARTICLE 41. Railways, which are considered necessary for the defense of Germany or for purposes of general commerce, may be built for the account of the Empire by a law of the Empire, even in opposition to the will of those members of the confedera tion through whose territory the railroads run, without detracting from the rights of the sovereign of that country; or private persons may be charged with their construction and receive rights of expropriation. Every existing railway company is bound to permit new railroad lines to be connected with it, at the expense of these latter.