foreign enemy, and at the same time to prevent their becoming the allies of the enemies of each other. In this respect, the present federal constitution more completely fulfils its avowed object than the ancient constitution of the empire, which had ever proved insufficient to provide effectually for the common defence, or to restrain its members from leaguing with foreign powers against their co

states.

By the 35th article of the final act of 1820 it is declared that "the Germanic confederation has the right, as a collective body, to declare war, make peace, and contract alliances, and negotiate treaties of every kind. Nevertheless according to the object of its institution, as declared in the 2d article of the federal act, the confederation can only exercise these rights for its own defence, for the maintenance of the external security of Germany, as well as the independence and inviolability of each of the states of which it is composed.

"Art. 36. The confederated states having engaged, by the 11th article of the federal act, to defend against every attack Germany in its entire extent, and each of its costates in particular, and reciprocally to guaranty the integrity of their possessions comprised in the union, no one of the confederated states can be injured by a foreign power without at the same time and in the same degree affecting the entire confederation.

"On the other hand, the confederated states bind themselves not to give cause for any provocation on the part of foreign powers, or to exercise any towards them. In case any foreign state shall make a well grounded complaint to the diet of an alleged wrong committed on the part of any member of the confederation, the diet shall require such member to make prompt and satisfactory reparation, and take other necessary measures to prevent the disturbance of the public peace.

"Art. 37. Where differences arise between a foreign power and any state of the confederation, and the inter

vention of the diet is claimed by the latter, that body shall examine the origin of the controversy and the real state of the question. If it results from this examination that such state has not a just cause of complaint, the diet shall engage such state by the most earnest representations to desist from its pretentions, shall refuse its intervention, and in case of necessity take all proper means for preserving peace. Should the examination prove the contrary, the diet shall employ its good offices in the most efficacious manner in order to secure to the complaining party complete satisfaction and security.

"Art. 38. Where notice received from any member of the confederation, or other authentic information renders it probable that any of its states, or the entire confederation, are menaced with a hostile attack, the diet shall examine into and pronounce without delay upon the question whether such danger really exists; and if determined in the affirmative, shall adopt the necessary measures of defence.

This resolution and the consequent measures are determined in the permanent council by a plurality of votes.

"Art. 39. When the territory of the confederation is actually invaded by a foreign power, the state of war is established by the fact of invasion; and whatever may be the ultimate decision of the diet, measures of defence, proportioned to the extent of the danger, are to be immediately adopted.

"Art. 40. In case the confederation is obliged to declare war in form, this declaration must proceed from the general assembly determining by a majority of two-thirds of the

votes.

"Art. 41. The resolution of the permanent council declaring the reality of the danger of a hostile attack renders it the duty of all the confederated states to contribute to the measures of defence ordained by the diet. In like manner, the declaration of war, pronounced in the general assembly of the diet, constitutes all the confederated states active partics to the common war.

"Art. 42. If the previous question concerning the existence of the danger is decided in the negative by a majority of votes, those of the confederated states who do not concur in the decision of the majority, preserve the right of concerting between themselves measures of common defence.

"Art. 43. Where the danger and the necessary measures of defence are restricted to certain states only of the confederation, and either of the litigating parties demands the mediation of the diet, the latter body may, if it deems the proposition consistent with the actual state of things, and with its own position, and if the other party consents, accept the mediation; provided that no prejudice shall result to the prosecution of the general measures for the security of the territory of the confederation, and still less. any delay in the execution of those already adopted for that purpose.

"Art. 44. War being declared each confederated state is at liberty to furnish for the common defence a greater amount of forces than is required as its legal contingent, but this augmentation shall not form the ground of any claim for indemnity against the confederation.

"Art. 45. Where in case of war between foreign pow ers, or other circumstances, there is reason to apprehend a violation of the neutral territory of the confederation, the diet shall adopt without delay, in the permanent council, such extraordinary measures as it may deem necessary to maintain this neutrality.

"Art. 46. Where a confederated state, having possessions without the limit of the confederation, undertakes a war in its character of a European power, the confederation, whose relations and obligations are unaffected by such war, remains a stranger thereto.

"Art. 47. Where such state finds itself menaced, or attacked, in its possessions not included in the confederation, the latter is not bound to adopt defensive measures, or to take any active part in the war, until the diet has recog

Decree of the Diet at Frankfort, 1832.

nized in the permanent council, by a plurality of votes, the existence of a danger threatening the territory of the confederation. In this last case, all the provisions of the preceding articles are equally applicable.

"Art. 48. The provision of the federal act, according to which, when war is declared by the confederation, none of its members can commence separate negotiations with the enemy, nor sign a treaty of peace or armistice, is equally applicable to all the confederated states, whether they possess or not dominions without the territories of the confederation.

"Art. 49. In case of negotiations for the conclusion of a peace or armistice, the diet shall confide the special direction thereof to a select committee named by that body; and shall appoint plenipotentaries to conduct the negotiations according to instructions, with which they shall be furnished. The acceptance and confirmation of a treaty of peace can only be pronounced in the general assembly.P The effects of the French revolution of 1830, in its reaction upon the public mind throughout Europe manifested themselves in Germany in popular commotions, which were followed by various reforms in the local constitutions of several states, such as Saxony, Electoral Hesse, and Hanover. In the states of Germany which had already obtained, by the voluntary concession of their sovereigns, representative constitutions, more or less corresponding to the wants and wishes of the people, the legislative chambers assumed an attitude, and a tone of discussion, which had been unknown since the repressive measures adopted under the additional powers given to the diet by the final act of the confederation of 1820. The liberty of the press, which was still tolerated to a certain extent in some of the minor states, was freely used to arraign the German governments before the tribunal of public opinion, to demand further

F Martens, Nouveau Recueil, tom. v. pp. 467-501.

concessions in favour of popular rights, and in some instances to excite popular commotions. The diet, at first, contented itself with exercising its acknowledged powers, by specific measures for suppressing the publication of certain offensive newspapers. But these measures proving insufficient, in the opinion of the Austrian and Prussian cabinets, to check the rapid progress of the revolutionary spirit, a decree was adopted by the diet on the 28th June, 1832, on the motion of Austria seconded by Prussia, by which very important modifications were introduced into the fundamental laws of the confederation established in 1815 and 1820.

The motives for adopting this decree were stated by the president, Count Münch-Bellinghausen, to arise out of circumstances, partly beyond the reach of the authority and influence of the German governments, (alluding doubtless to the consequences of the French revolution of 1830,) producing a state of things which had excited the attention of his majesty the Emperor of Austria, who regarded it as one of his most important duties to watch over the safety of all the states united in the Germanic confederation.

So long as the agitation of the public mind was confined to that which naturally results from the nature of things, and which must inevitably have followed from the great and unexpected events that had taken place in the neighbouring states, his majesty had indulged the hope that the unsound state of public opinion would yield to the lessons of experience and the influence, which a calm and rightminded majority must exercise over a nation, which 'had ever been worthy the admiration of Europe by its noble character and profound sentiments, as well as by its respect for legal order, and the attachment it had shown to its princes in the most critical moments. But that the fermentation had now increased, in several countries of Germany, to such a degree, that it not only threatened the internal tranquility and safety of the different states, but even the existence of the entire confederation; which was exposed