Mr. Motley to Mr.
Seward
No. 128.]
Legation of the United States,
Vienna,
October 8, 1865.
Sir: Having been staying for a few weeks in the
country at a few hours’ distance from the capital at the time of the
promulgation of the imperial manifesto and patent of the 20th of
September, I neglected to transmit translations of those important
documents.
As they have, however, been printed in various versions in all the
European and (doubtless) American journals, I content myself now with
forwarding an official copy of the manifesto and the patent as part of
the history of the time.
As I have said so much concerning the internal politics of Austria in my
recent despatches, especially Nos. 111, 112, 113, 116, 118 and 120, in
all of which the steps leading to the present position were described,
and the catastrophe has now occurred clearly indicated, I abstain to-day
from any superfluous reflections; I say catastrophe, because, although
there is no violent upheaval of the social and political elements, yet
the constitution of February 7, 1861, under which the empire has been
administered for the last four years, seems to have come to an end, and
an interim of chaos to have returned.
The new patent of September, 1865, is brief; it consists, as you will
observe, of two articles.
Article first contains one important word,
sistirt—suspended. Article second provides that during said
suspension the government will take all indispensable financial
measures.
How and when this period of suspended animation will terminate time must
soon show. The new manifesto holds fast to the principles of October,
1860, by which some kind of constitutional existence was promised to his
people by an absolute monarchy. It declares, however, the February
experiment to be a failure.
That the new attempt to breathe the breath of life into the
constitutional embryo will prove more successful, we must be rather
sanguine to believe without any hesitation. Meantime not only the
centrifugal forces of magyarism and czechism are in full play, but
movements for independent national existence are rife in Croatia,
Dalmatia, Illyria, and elsewhere, to say nothing of the Italian portions
of the imperial dominions.
To unite such vast and heterogeneous groups of nationalities as compose
this empire, ten kingdoms (not counting Jerusalem) and at least thirty
duchies and principalities under one sceptre by the coercive force of
absolutism was possible. But is a constitutional E
pluribus unum conceivable, now that the February Reichsrath has
confessedly failed?
The very best that can be hoped for it is an e pluribus
duo; for the realms of Saint Stephen, after their recent
victory, can hardly be expected to send members to an imperial
parliament at Vienna.
The Transleitha diets are convoked, and will be in session before the end
of
[Page 40]
the year, and it will then be
seen what propositions for legislative union the government has to lay
before them, and how such projects are to be received; meanwhile the
said imperial parliament is sistirt.
I have the honor to remain your obedient servant,
Hon. William H. Seward, &c., &c., &c.
[Translation.]
Imperial manifesto.
To my People:
To strengthen the monarchy by reciprocal action in highest state
matters, and to preserve the integrity of the country in its various
and manifold constituents, was my chief design in my diploma of the
20th of October, 1860, and will hereafter continue to be my guide in
trying to promote the welfare of my subjects.
The right of the people to participate in legislation and management
of the finances, through their legal representatives, as security
for the advancement of the interests of the empire and its
provinces, is solemnly guaranteed and irrevocably established.
The forms for the execution of these laws is indicated in my patent
of 26th February, 1861, promulgated with the fundamental laws
concerning representation; and in the sixth article of the same
patent I have revised the entire code, and pronounced it to be the
charter of my empire.
The revival of this form, with harmony in all its parts, I leave to
the free management of my people.
I warmly acknowledge the readiness with which a large portion of the
monarchy sent representatives to the capital for a number of years,
at my invitation, for the purpose of solving certain highly
important questions.
But my design for the formation of a durable and constitutional
charter of rights for the empire, which would receive strength and
importance from the free participation of all the subjects of the
empire, is yet unaccomplished.
The people of a large portion of the empire, though warmly patriotic
their hearts may throb, have firmly refused any legislative action,
perhaps, because the various laws now composing the imperial code,
in their judgment, appear inconsistent.
My duty forbids me to disregard a fact that hinders the realization
of my good intentions, and threatens the foundation of popular
rights, for legislative action is only authorized in those lands not
belonging to the Hungarian crown, which were specified as part of
the empire in article VI of the patent of 26th February, 1861. So
long as the principles of fundamental law of clear intelligence are
wanting, there remains an important work for an imperial
constitutional assembly.
Now, to keep my imperial promise, and not to sacrifice the sense of
the letter, I have determined to enter upon the way leading to an
understanding with the legal representatives of my people in the
eastern portions of the monarchy, and to lay for acceptance before
the Hungarian and Croatian diets the diploma of 20th October, 1860,
and the fundamental law promulgated by the patent of the 26th of
February, 1861, concerning the representation of the empire.
As, however, it is legally impossible to make one and the same
constitution the subject of negotiation in one part of the empire,
while it is simultaneously treated in another part as a fundamental
law, generally binding, I find myself compelled to suspend the
validity of the constitution and the actual representation, with the
express declaration and reserve that the result of the deliberations
of the diet in each eastern kingdom, in case they comprehend a
modification of existing laws compatible with the unity of the
empire, and its position as a great power, shall be laid for
ultimate approval before the legal representatives of the other
kingdoms and provinces, to receive and worthily estimate their
expression of opinion. I can but regret that this imperatively
required step also brings with it a suspension in the constitutional
working of the lesser Reichsrath, as the unity and equivalency of
all legal principles for the deliberation of the council makes a
distinctive and partial effect of the laws impossible.
So long as the representatives of the empire shall not be assembled,
it will be the duty of my government to forward all measures that
cannot be postponed, and among them, especially, such as are
required by the financial and commercial interests of the
empire.
The course leading to an understanding, while taking into
consideration legitimate rights, is now open, if, as I expect with
full assurance, a sacrificing and conciliatory spirit and ripe
insight guide the views of my faithful subjects, to whom this
imperial word is addressed in thorough confidence.
FRANZ JOSEPH, M. P.
Vienna, September 20,
1865.
[Page 41]
[Translation.]
Imperial patent.
We, Francis Joseph the First, by the grace of God Emperor of Austria,
King of Hungary and Bohemia, King of Lombardy, &c., &c.,
make known, to wit:
In consideration of the unavoidable necessity of forming a durable
and constitutional charter of rights for the empire which shall
receive strength and importance from the free participation of all
its subjects, the legal representatives of the lands of the
Hungarian crown included, and of proposing to the diets for their
acceptance the diploma of 20th October, 1860, and the patent of the
26th February, 1861, concerning the representation of the
empire:
In further consideration, as these laws are forbidden to be
considered generally binding in every part of the empire, with the
advice and counsel of our ministers, we decree as follows:
First. The effect of the fundamental laws
concerning the representation of the empire, with certain
exceptions, is suspended, and the deliberations of the Hungarian and
Croatian diets, in case they comprehend a modification of the
existing laws, compatible with the unity of the empire, and its
position as a great power, shall be laid for our ultimate approval
before the legal representatives of the other kingdoms and
provinces, to receive and worthily estimate their expression of
opinion.
Second. So long as the imperial
representatives do not assemble, it is the duty of our government to
forward all measures that cannot be postponed, and among these,
especially, such as are required by the financial and commercial
interests of the empire.
Given in our capital and place of
residence, the 20th
of September, 1865, and in the 17th year of our
reign.
FRANZ JOSEPH.
BELCREDI.
MENSBORFF.
ESTERHAZY.
FRANK.
MAJLATH.
LARISCH.
KOMERS,
MAZURANIE.
HALLER.
By supreme command: BERNHARD RITTER Y. MEYER.
