Papers Relating to the Foreign Relations of the United States, Transmitted to Congress with the Annual Message of the President, December 4, 1871
Mr. Bancroft to Mr. Fish
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.
german diet, first legislative period, first session, 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.
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 Wurtemberg with regard to their adoption of this constitution, said treaties hearing 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:
[Page 384]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 be reafter 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, Saxe-Altenburg, 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; [Page 385] 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 home 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. Wurtemberg, 4 votes; Baden, 3 votes; Hesse, 3 votes; Mecklenburg-Schwerin, 2 votes, Saxe-Weimar, 1 vote; Mccklenburg-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; Schaumburgh-Lippe, 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 be 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 committees—
1. On the army and the fortifications.
[Page 386]2. On naval affairs.
3. On duties and taxes.
4. On commerce and trade.
5. On railroads, post offices, and telegraphs.
6. On the judiciary.
7. On accounts.
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 foreign 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.
IV.—Presidium.
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 council shall be required, except in case of an attack upon the territory of the 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 council 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 federal 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 without 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, [Page 387] proceedings may be instituted against them by military execution. This execution shall be ordered by the federal council, and enforced by the Emperor.
V.—Diet.
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. The 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 members 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 punished, during the session, for any offense committed, 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 [Page 388] 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 pro ductions. 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 excise 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 regulations.
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, which 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 summaries, 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.
VII.—Railways.
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 confederation 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. [Page 389] All laws granting existing railway companies the right of injunction against the building of parallel or competition lines are hereby abolished throughout the empire, without detriment to rights already acquired. Such right of injunction can henceforth not be granted in concessions to be given hereafter.
Article 42. The governments of the federal states bind themselves, in the interest of general commerce, to have the German railways managed as a uniform net-work, and for this purpose to have the lines constructed and equipped according to a uniform system.
Article 43, Accordingly, as soon as possible, uniform arrangements as to management, shall be made, and especially shall uniform regulations be instituted for the police of the railroads. The Empire shall take care that the administrative officers of the railway lines keep the roads always in such a condition as is required for public security, and that they be equipped with the necessary rolling stock.
Article 44. Railway companies are bound to establish such passenger trains of suitable velocity as may be required for ordinary travel, and for the establishment of harmonizing schedules of travel; also, to make provision for such freight trains as may be necessary for commercial purposes, and to establish, without extra remuneration, offices for the direct forwarding of passengers and freight trains, to be transferred, when necessary, from one road to another.
Article 45. The Empire shall have control over the tariff of fares. The same shall endeavor to cause—
1. Uniform regulations to be speedily introduced on all German railway lines.
2. The tariff to be reduced and made uniform as far as possible, and particularly to cause a reduction of the tariff for the transport of coal, coke, wood, minerals, stone, salt, crude iron, manure, and similar articles, for long distances, as demanded by the interests of agriculture and industry, and to introduce a one-penny tariff as soon as practicable.
Article 46. In case of distress, especially in case of an extraordinary rise in the price of provisions, it shall be the duty of the railway companies to adopt temporarily a low special tariff, to be fixed by the Emperor, on motion of the competent committee, for the forwarding of grain, flour, vegetables, and potatoes. This tariff shall, however, not be less than the lowest rate for raw produce existing on the said line.
The foregoing provisions, and those of articles 42 to 45, shall not apply to Bavaria.
The imperial government has, however, the power, also with regard to Bavaria, to establish, by way of legislation, uniform rules for the construction and equipment of such railways as may be of importance for the defense of the country.
Article 47. The managers of all railways shall be required to obey, without hesitation, requisitions made by the authorities of the empire for the use of their roads for the defense of Germany. Particularly shall the military and all material of war be forwarded at uniform reduced rates.
VIII.—Mails and Telegraphs.
Article 48. The mails and telegraphs shall be organized and managed as state institutions throughout the German Empire. The legislation of the empire in regard to postal and telegraphic affairs, provided for in article 4, does not extend to those matters whose regulation is left to the managerial arrangement, according to the principles which have controlled the North German administration of mails and telegraphs.
Article 49. The receipts of mails and telegraphs are a joint affair throughout the Empire. The expenses shall be paid from the general receipts. The surplus goes into the treasury of the Empire. (Section 12.)
Article 50. The Emperor has the supreme supervision of the administration of mails and telegraphs. The authorities appointed by him are in duty bound and authorized to see that uniformity be established and maintained in the organization of the administration and in the transaction of business, as also in regard to the qualifications of employés.
The Emperor shall have the power to make general administrative regulations, and also exclusively to regulate the relations which are to exist between the post and telegraph offices of Germany and those of other countries.
It shall be the duty of all officers of the post-office and telegraph department to obey imperial orders. This obligation shall be included in their oath of office.
The appointment of superior officers (such as directors, counselors, and superintendents,) as they shall be required for the administration of the mails and telegraphs, in the various districts; also the appointment of officers of the posts and telegraphs, (such as inspectors or comptrollers,) acting for the aforesaid authorities in the several districts, in the capacity of supervisors, shall be made by the Emperor for the whole territory of the German Empire, and these officers shall take the oath of fealty to him as a part of their oath of office. The governments of the several states shall be informed in due time, by means of imperial confirmation and official publication, of the aforementioned appointments, so far as they may relate to their territories.
[Page 390]Other officers required by the department of mails and telegraphs, as also all officers to be employed at the various stations, and for technical purposes, and hence officiating at the actual centers of communication, &c., shall be appointed by the respective governments of the states.
Where there is no independent administration of inland mails or telegraphs, the terms of the various treaties are to be enforced.
Article 51. In assigning the surplus of the post-office department to the treasury of the Empire for general purposes, (article 49,) the following proceeding is to be observed in consideration of the difference which has heretofore existed in the clear receipts of the post-office departments of the several territories, for the purpose of securing a suitable equalization during the period of transition below named.
Of the post-office surplus, which accumulated in the several mail districts during the five years from 1861 to 1865, an average yearly surplus shall be computed, and the share which every separate mail district has had in the surplus resulting therefrom for the whole territory of the Empire shall be fixed upon by a percentage.
In accordance with the proportion thus made, the several states shall be credited on the account of their other contributions to the expenses of the empire with their quota accruing from the postal surplus in the Empire, for a period of eight years subsequent to their entrance into the post-office department of the empire.
At the end of the said eight years this distinction shall cease, and any surplus in the post-office department shall go, without division, into the treasury of the empire, according to the principle enunciated in article 49.
Of the quota of the post-office department surplus resulting during the aforementioned period of eight years in favor of the Hanseatic towns, one-half shall every year he placed at the disposal of the Emperor, for the purpose of providing for the establishment of uniform post-offices in the Hanseatic towns.
Article 52. The stipulations of the foregoing articles 48 to 51 do not apply to Bavaria and Wurtemberg. In their stead the following stipulation shall be valid for these two states of the confederation.
The Empire alone is authorized to legislate upon the privileges of the post-office and telegraph departments, on the legal position of both institutions toward the public, upon the franking privilege and rates of postage, and upon the establishment of rates for telegraphic correspondence into Hanseatic towns. Exclusive, however, of managerial arrangements, and the fixing of tariffs for internal communication within Bavaria and Wurtemberg.
In the same manner the Empire shall regulate postal and telegraphic communication with foreign countries, excepting the immediate communication of Bavaria and Wurtemberg with their neighboring states, not belonging to the Empire, in regard to which regulation the stipulations in articles 49 of the postal treaty of November 23, 1867, remains in force.
Bavaria and Wurtemburg shall not share in the postal and telegraphic receipts which belong to the treasury of the Empire.
IX.—Marine and Navigation.
Article 53. The navy of the empire is a united one, under the supreme command of the Emperor. The Emperor is charged with its organization and arrangement, and he shall appoint the officers and officials of the navy, and in his name these and the seamen are to be sworn in.
The harbor of Kiel and the harbor of the Iade are imperial war harbors.
The expenditures required for the establishment and maintenance of the navy and the institutions connected therewith shall be defrayed from the treasury of the Empire.
All sea-faring men of the Empire, including machinists and hands employed in shipbuilding, are exempt from service in the army, but obliged to serve in the imperial navy.
The apportionment of men to supply the wants of the navy shall be made according to the actual sea-faring population, and the quota furnished in accordance herewith by each state shall be credited to the army account.
Article 54. The merchant vessels of all states of the confederation shall form a united commercial marine.
The Empire shall determine the process for ascertaining the tonnage of sea-going vessels, shall regulate the issuing of tonnage-certificates and sea-letters, and shall fix the conditions to which a permit for commanding a sea-going vessel shall be subject.
The merchant vessels of all the states of the confederation shall be admitted on an equal footing to the harbors, and to all natural and artificial water-courses of the several states of the confederation, and shall receive the same usage therein.
The duties which shall be collected from sea-going vessels, or levied upon their freights, for the use of naval institutions in the harbors, shall not exceed the amount required for the maintenance and ordinary repair of these institutions.
On all natural water-courses, duties are only to be levied for the use of special establishments, [Page 391] which serve for facilitating commercial intercourse. These duties, as well as the duties for navigating such artificial channels, which are property of the state, are not to exceed the amount required for the maintenance and ordinary repair of the institutions and establishments. These rules apply to rafting, so far as it is carried on on navigable water-courses.
The levying of other or higher duties upon foreign vessels or their freights than those which are paid by the vessels of the federal states or their freights does not belong to the various states, but to the Empire.
Article 55. The flag of the war and merchant navy shall be black, white, and red.
X.—Consular Affairs.
The Emperor shall have the supervision of all consular affairs of the German Empire, and he shall appoint consuls, after hearing the committee of the federal council on commerce and traffic.
No new state consulates are to be established within the jurisdiction of the German consuls. German consuls shall perform the functions of state consuls for the states of the confederation not represented in their district. All the now existing state consulates shall be abolished, as soon as the organization of the German consulates shall be completed, in such a manner that the representation of the separate interests of all the federal states shall be recognized by the federal council as secured by the German consulates.
XI.—Military Affairs of the Empire.
Article 57. Every German is subject to military duty, and in the discharge of this duty no substitute can be accepted.
Article 58. The costs and the burden of all the military system of the empire are to be borne equally by all the federal states and their subjects, and no privileges or molestations to the several states or classes are admissible. Where an equal distribution of the burdens cannot be effected in natura without prejudice to the public welfare, affairs shall be equalized by legislation in accordance with the principles of justice.
Article 59. Every German capable of bearing arms shall serve for seven years in the standing army, ordinarily from the end of his twentieth to the beginning of his twenty-eighth year; the first three years in the army of the field, the last four years in the reserve; during the next five years he shall belong to the militia. In those states of the confederation in which heretofore a longer term of service than twelve years was required by law, the gradual reduction of the required time of service shall take place in such a manner as is compatible with the interests and the war-footing of the army of the empire.
As regards the emigration of men belonging to the reserve, only those provisions shall be in force which apply to the emigration of members of the militia.
Article 60. The strength of the German army in time of peace shall be, until the 31st December, 1871, one per cent. of the population of 1867, and shall be furnished by the several federal states in proportion to their population. In future the strength of the army in time of peace shall be fixed by legislation.
Article 61. After the publication of this constitution the full Prussian military system of legislation shall be introduced without delay throughout the Empire, as well the statutes themselves as the regulations, instructions, and ordinances issued for their execution, explanation, or completion; thus, in particular, the military penal code of April 3, 1845; the military orders of the penal court of April 3, 1845; the ordinance concerning the courts of honor of July 20, 1843; the regulations with respect to recruiting, time of service, matters relating to the service and subsistence, to the quartering of troops, claims for damages, mobilizing, &c., for times of peace and war. Orders for the attendance of the military upon religious services is, however, excluded.
When a uniform organization of the German army shall have been established, a comprehensive military law for the Empire shall be submitted to the diet and the federal council for their action in accordance with the constitution.
Article 62. For the purpose of defraying the expenses of the whole German army, and the institutions connected therewith, the sum of 225 (two hundred and twenty-five) thalers shall be placed at the disposal of the Emperor until the 31st of December, 1871, for each man in the army on the peace-footing, according to article 60. (See section 12.)
After the 31st of December, 1871, the payment of these contributions of the several states to the imperial treasury must be continued. The strength of the army in time of peace, which has been temporarily fixed in article 60, shall be taken as a basis for calculating these amounts until it shall be altered by a law of the Empire.
The expenditure of this sum for the whole army of the empire and its establishments shall be determined by a budget law.
In determining the budget of military expenditures, the lawfully established organization of the imperial army, in accordance with this constitution, shall be taken as a basis.
[Page 392]Article 63. The total land force of the empire shall form one army, which, in war and in peace, shall be under the command of the Emperor.
The regiments, &c., throughout the whole German army shall bear continuous numbers. The principal colors and the Cut of the garments of the Royal Prussian army shall serve as a pattern for the rest of the army. It is left to commanders of contingent forces to choose the external badges, cockades, &c.
It shall be the duty and the right of the Emperor to take care that, throughout the German army, all divisions be kept full and well equipped, and that unity be established and maintained in regard to organization and formation, equipment, and command in the training of the men, as well as in the qualification of the officers. For this purpose the Emperor shall be authorized to satisfy himself at any time of the condition of the several contingents, and to provide remedies for existing defects.
The Emperor shall determine the strength, composition, and division of the Contingents of the imperial army, and also the organization of the militia, and he shall have the right to designate garrisons within the territory of the confederation, as also to call any portion of the army into active service.
In order to maintain the necessary unity in the care, arming, and equipment of all troops of the German army, all orders hereafter to be issued for the Prussian army shall be communicated in due form to the commanders of the remaining contingents by the committee on the army and fortifications, provided for in article 8, No. 1.
Article 64. All German troops are bound implicitly to obey the orders of the Emperor. This obligation shall be included in the oath of allegiance. The commander-in-chief of a contingent, as well as all officers commanding troops of more than one contingent, and all commanders of fortresses, shall be appointed by the Emperor. The officers appointed by the Emperor shall take the oath of fealty to him. The appointment of generals, or of officers performing the duties of generals, in a contingent force, shall be in each case subject to the approval of the Emperor.
The Emperor has the right with regard to the transfer of officers, with or without promotion, to positions which are to be filled in the service of the Empire, be it in the Prussian army or in other contingents, to select from the officers of all the contingents of the army of the Empire.
Article 65. The right to build fortresses within the territory of the Empire shall belong to the Emperor, who, according to section 12, shall ask for the appropriation of the necessary means required for that purpose, if not already included in the regular appropriation.
Article 66. If not otherwise stipulated, the princes of the Empire and the senates shall appoint the officers of their respective contingents, subject to the restriction of article 64. They are the chiefs of all the troops belonging to their respective territories, and are entitled to the honors connected therewith. They shall have especially the right to hold inspections at any time, and receive, besides the regular reports and announcements of changes for publication, timely information of all promotions and appointments concerning their respective contingents.
They shall also have the right to employ, for police purposes, not only their own troops but all other contingents of the army of the Empire who are stationed in their respective territories.
Article 67. The unexpended portion of the military appropriation shall, under no circumstances, fall to the share of a single government, but at all times to the treasury of the Empire.
Article 68. The Emperor shall have the power, if the public security of the Empire demands it, to declare martial law in any part thereof, until the publication of a law regulating the grounds, the form of announcement, and the effects of such a declaration, the provisions of the Prussian law of June 4, 1851, shall be substituted therefor. (Laws of 1851, page 451.)
Addition to section XI.
The provisions contained in this section shall go into effect in Bavaria as provided for in the treaty of alliance of November 23, 1870, (Bundesgesetzblatt, 1871, section 9,) under III, section 5, in Würtemberg, as provided for in the military convention of November 21–25, 1870, (Bundegesetzblatt, 1870, section 658.)
XII.—Finances of the Empire.
Article 69. All receipts and expenditures of the Empire shall be estimated yearly, and included in the financial estimate. The latter shall be fixed by law before the beginning of the fiscal year, according to the following principles:
Article 70. The surplus of the previous year, as well as the customs duties, the common excise duties, and the revenues derived from the postal and telegraph service, shall be applied to the defrayal of all general expenditures. In so far as these expenditures are not covered by the receipts, they shall be raised, as long as no taxes of the Empire shall have been established, by assessing the several states of the Empire [Page 393] according to their population, the amount of the assessment to be fixed by the chancellor of the Empire in accordance with the budget agreed upon.
Article 71. The general expenditures shall be, as a rule, granted for one year; they may, however, in special cases, be granted for a longer period. During the period of transition fixed in article 60, the financial estimate, properly classified, of the expenditures of the army shall be laid before the federal council and the diet for their information.
Article 72. An annual report of the expenditure of all the receipts of the Empire shall be rendered to the federal council and the diet, through the chancellor of the empire.
Article 73. In cases of extraordinary requirements, a loan may be contracted in accordance with the laws of the Empire, such loan to be granted by the Empire.
Addition to section XII.
Articles 69 and 71 apply to the expenditures for the Bavarian army only according to the provisions of the addition to section XI of the treaty of November 23, 1870; and article 72 only so far as is required to inform the federal council and the diet of the assignment to Bavaria of the required sum for the Bavarian army.
XIII.—Settlement of Disputes and Modes of Punishment.
Article 74. Every attempt against the existence, the integrity, the security, or the constitution of the German Empire; finally, any offense committed against the federal council, the diet, a member of the federal council or of the diet, a magistrate or public official of the Empire, while in the execution of his duty, or with reference to his official position, by word, writing, printing, signs, or caricatures, shall be judicially investigated, and upon conviction punished in the several states of the Empire according to the laws therein existing, or which shall bereafter exist in the same, according to which laws a similar offense against any one of the states of the empire, its constitution, legislature, members of its legislature, authorities or officials is to be judged.
Article 75. For those offenses, specified in article 74, against the German Empire, which, if committed against one of the states of the Empire, would be deemed high treason, the superior court of appeals of the three free Hanseatic towns at Lubeck shall be the competent deciding tribunal in the first and last resort. More definite provisions as to the competency and the proceedings of the superior court of appeals shall be adopted by the legislature of the empire. Until the passage of a law of the Empire, the existing competency of the courts in the respective states of the empire, and the provisions relative to the proceedings of those courts, shall remain in force.
Article 76. Disputes between the different states of the confederation, so far as they are not of a private nature, and therefore to be decided by the competent authorities, shall be settled by the federal council, at the request of one of the parties. Disputes relating to constitutional matters in those of the states of the confederation whose constitution contains no provision for the settlement of such differences, shall be adjusted by the federal council, at the request of one of the parties, or, if this cannot be done, they shall be settled by the legislative power of the confederation.
Article 77. If in one of the states of the confederation justice shall be denied, and no sufficient relief can be procured by legal measures, it shall be the duty of the federal council to receive substantiated complaints concerning denial or restriction of justice, which are to be judged according to the constitution and the existing laws of the respective states of the confederation, and thereupon to obtain judicial relief from the confederate government in the matter which shall have given rise to the complaint.
XIV.—General Provision.
Amendments to the constitution shall be made by legislative enactment. They shall be considered as rejected when 14 votes are cast against them in the federal council. The provisions of the constitution of the empire, by which fixed rights of individual states of the confederation are established in their relation to the whole, shall only be modified with the consent of that state of the confederation which is immediately concerned.