The Continental Monthly, Vol. 6, No 4, August, 1864. Various
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request for a national representation under ordinary circumstances, is quite uncertain. In point of fact, this constitution hardly lived long enough to be christened with the name. Early in 1848 the French Revolution startled all Europe—most of all, the monarchs. They knew how inflammable the masses were; they soon saw that the masses were inflamed, and that nothing but the most vigorous measures would secure their thrones from overthrow. Frederick William Was not slow to see the danger, and take steps to guard Prussia against an imitation of the Parisian insurrection. On the 14th of March he issued an order summoning the diet to meet at Berlin on the 27th of April. Four days later he issued another edict ordering the diet to convene still earlier, on the 2d of April. This proclamation is a characteristic document. It was issued on the day of the Berlin revolution. It was an hour of the most critical moment. There was no time for long deliberation, and little hope for the preservation of royalty, unless something decided was done at once. He might have tried the experiment of violently resisting the insurgents; but this was not in accordance with his character. He preferred rather to resign something than to run the risk of losing all. Accordingly he yielded. In this proclamation, after alluding to the occasion of it, he publishes his earnest desire for the union of Germany against the common danger. 'First of all,' he says, 'we desire that Germany be transformed from a confederation of states (Staatenbund) to one federal state (Bundesstaat).' He proposes a reorganization of the articles of union in which other representatives besides the princes should take part; a common army; freedom of trade; freedom of emigration from one state to another; common weights, measures, and coins; freedom of the press—in short, all that the most enthusiastic advocate of German unity could have asked. At the same time was published a law repealing the censorship of the press. On the 21st of the same month he put forth an address, entitled 'To my people and to the German nation.' In this, after saying that there was no security against the threatening dangers except in the closest union of the German princes and peoples, under one head, he adds: 'I assume to-day this leadership for this time of danger. My people, undismayed by the danger, will not abandon me, and Germany will confidingly attach itself to me. I have to-day adopted the old German colors, and put myself and my people under the venerable banner of the German Empire. Henceforth Prussia passes over into Germany.' But all this was more easily said than done. Whatever the German people may have wished, the other German rulers could not so easily overcome their jealousies. The extreme of the danger passed by, and with it this urgent demand for a united Germany.
But the diet came together. The king laid before it the outline of a constitution, the most important provisions of which were that there should be guaranteed to all the right to hold meetings without first securing consent from the police; civil rights to all, irrespective of religious belief; a national parliament, whose assent should be essential to the making of all laws. These propositions were approved by the diet, which now advised the king to call together a national assembly of delegates, elected by the people, to agree with him upon a constitution. This was done; the assembly met on the 22d of May, and was opened by the king in person. He laid before the delegates the draught of a constitution, which they referred to a committee, by whom it was elaborated, and on the 26th of July reported to the assembly. The deliberation which followed had, by the 9th of November, resulted only in fixing the preamble and the first four articles. At this time an order came to the assembly from the king, requiring the members to adjourn to the 27th, and then come together, not at Berlin, but Brandenburg. The reason of this was that the assembly manifested too much of an inclination to infringe on the royal prerogatives, and that its place of meeting was surrounded by people who sought by threats, and, in some cases, by violence, to intimidate the members. The king was now the less inclined to be, or seem to be, controlled by such terrorism, as the fury of the revolutionary storm was now spent; the militia had been summoned to arms; and had not hesitated to obey the call. The troops, under the lead of Field-Marshal Wrangel, were collected about Berlin. The majority of the National Assembly, which had refused to obey the royal order to adjourn to Brandenburg, and was proceeding independently in the prosecution of its deliberations respecting the constitution, was compelled, by military force, to dissolve. Part of them then went to Brandenburg, and, not succeeding in carrying a motion to adjourn till December 4, went out in a body, leaving the assembly without a quorum. The king now thought himself justified in concluding that nothing was to be hoped from the labors of this body, and therefore, on the 5th of December, dissolved it.
Some kings, under these circumstances, might have been inclined to have nothing more to do with constitution making. If we mistake not, the present king, with his present spirit, would have thought it right to make the turbulent character of the convention and of the masses a pretext for withholding from them the power to stamp their character on the national institutions. Such a course might probably have been pursued. The king had control of the army. The excesses of the Liberals began to produce a reaction. The National Assembly, during its session in Berlin, after it had been adjourned by the king, had resolved that the royal ministry had no right to impose taxes so long as the assembly was unable peaceably to pursue its deliberations, and designed, by giving this resolution the form of a law, to lead the people in this manner to break loose from the Government. This attempt to usurp authority was doomed to be disappointed. The assembly, having overstepped its prerogatives, lost its influence. The king found himself again in possession of the reins of power. It rested with him to punish the temerity of the people by tightening the reins, or on his own authority, without the coöperation of any assembly, to give the nation a constitution. To take the former course he had not the courage, even if he had wished to do so; besides, he doubtless saw clearly enough that, though such a policy might succeed for a time, it would ultimately lead to another outbreak. He had, too, no great confidence in his power to win toward his person the popular favor. With all his talents and amiable traits, he had not the princely faculty of knowing how to inspire the people with a sense of his excellences, and was conscious of this defect. He chose not unnecessarily to increase an estrangement which had already been to him a source of such deep mortification. He therefore issued, on the 5th of December, immediately after dissolving the National Assembly, a constitution substantially the same as that which still exists, with the statement prefixed that it should not go into operation until after being revised. This revision was to be made at the first session of the two chambers, to be elected in accordance with an election law issued on the next day.
The two chambers met February 26, 1849. After a session of two months, during which the lower chamber showed a disposition to modify the constitution more than was agreeable to the king, the upper chamber was ordered to adjourn, the lower was dissolved, and a new election ordered. The new Parliament met August 7. The revision was completed on the last of January, 1850. On the 6th of February, the king, in the presence of his ministers and of both chambers, swore to observe the constitution. Before doing so, he made an address, in which he explained his position, alluding in a regretful strain to the scenes of violence in the midst of which the constitution had been drawn up, expressing his gratitude to the chambers for their assistance in perfecting the hastily executed work, calling upon them to stand by him in opposition to all who might be disposed to make the liberty granted by the king a screen for hiding their wicked designs against the king, and declaring: 'In Prussia, the king must rule; and I do not rule because it is a pleasure, God knows, but because it is God's ordinance; therefore, I will reign. A free people under a free king—that was my watchword ten years ago; it is the same to-day, and shall be the same as long as I live.' The ministers and the members of the two chambers, after the king had sworn to support the constitution, took the same oath, and in addition one of loyalty to the king. The new government was inaugurated. Prussia had become a limited monarchy.
It is at this point appropriate to take a general view of the Prussian constitution itself. It has been variously amended since 1850, but not changed in any essential features; without dwelling on these amendments, therefore, we consider it as it now stands.
As to the king: he is, as such, wholly irresponsible. He cannot be called to account for any act which he does in his capacity as monarch. But his ministers may be impeached. They have to assume and bear the responsibility of all royal acts. None of these acts are valid unless signed by one or more of the ministers. To the king is intrusted all executive power; the command of the army; the unconditioned right of appointing and dismissing his ministers, of declaring war and concluding peace, of conferring honors and titles, of convoking the national diet, closing its sessions, proroguing and dissolving