"2. Still less can such internal legislation prevent the performance of the duties, which each state owes to the confederation, and especially the payment of the federal contributions. (Final act, art. 52 and 58.)

"3. Nor have the legislative chambers of any state competent authority to expound and interpret the fundamental laws and other resolutions of the confederation, in cases where doubts arise respecting the true intent and meaning of these acts. This right belongs exclusively to the confederation itself, and is to be exercised by its organ the diet.

"4. In order that the rights of the confederation above enumerated may be effectually maintained against the attacks of the legislative chambers, not only by the local governments, but also directly by the confederation itself, a permanent committee shall be appointed by the diet for this purpose, which shall meet whenever the legislative chambers assemble in any state, and shall direct its attention to their proceedings, and whenever it observes any attempt to encroach upon the federal legislation, shall report the same to the diet, in order that such further measures may be taken by that body, according to circumstances and the situation of the confederation.

"These aggressions on the authority of the confederation and the diet will not be renewed, if the German states, according to their federal obligations, bind themselves mutually not to tolerate them, and to adopt the necessary measures, each, according to its own internal constitution, following in such case the analogy of the proceedings authorized in case of attacks upon the local sovereign or government, or of offences against either. An obligation already partially exists in this respect arising from the 59th article of the final act of 1820, which provides, that where the local constitution grants the right of public deliberation in the legislative chambers, the rules of the house must provide that this liberty shall not exceed its just bounds, either in the proceedings themselves, or in their publication

through the press, so as to endanger the tranquility of one of the confederated states, or of the entire confederation. And in case of such an aggression against the confederation, a committee of supervision may be appointed by the diet, similar to that proposed in No. 4. These propositions, joined to a demand for a conscientious, enlightened, and energetic fulfillment of federal duties, form the basis on which are grounded the views which the courts of Austria and Prussia recommend to the attention of their confederates for the purpose of resisting the manifestations in the legislative chambers which are above stated."

The propositions contained in this report were converted into a law of the confederation by an act of the diet dated the 28th June, 1832.

By the first article of this act it is declared, that "whereas, according to the 57th article of the final act of the congress of Vienna, 1820, the powers of the state ought to remain in the hands of its chief, and the sovereign ought not to be bound by the local constitution to require the cooperation of the chambers, except as to the exercise of certain specified rights, the sovereigns of Germany, as members of the confederation, have not only the right of rejecting the petitions of the chambers contrary to this principle, but the object of the confederation makes it their duty to reject such petitions.

"Art. 2. Since, according to the spirit of the said 57th article of the final act, and its inductions as expressed in the 58th article, the chambers cannot refuse to any German sovereign the necessary means of fulfilling his federal obligations, and those imposed by the local constitution, the cases in which the chambers endeavour to make their consent to the taxes necessary for these purposes depend upon the assent of the sovereign to their propositions upon any other subject, are to be classed among those cases to which are to be applied the 25th and 26th articles of the final act, relating to resistance of the subjects against the government.

MODERN LAW OF NATIONS.

"Art 3. The interior legislation of the states belonging to the Germanic confederation cannot prejudice the object of the confederation, as expressed in the 2d article of the original act of confederation, and in the 1st article of the final act: nor can this legislation obstruct in any manner the accomplishment of the federal obligations of the state, and especially the payment of the taxes necessary to fulfil them.

"Act. 4. In order to maintain the rights and dignity of the confederation, and of the assembly representing it, against usurpations of every kind, and at the same time to facilitate to the states which are members of the confederation the maintenance of the constitutional relations between the local governments and the legislative chambers, there shall be appointed by the diet, in the first instance for the term of six years, a commission charged with the supervision of the deliberations of the chambers, and with directing their attention to the propositions and resolutions which may be found in opposition to the federal obligations, or to the rights of sovereignty, guarantied by the compacts of the confederation. This commission is to report to the diet, which, if it finds the matter proper for further consideration, will put itself in relation with the local government concerned. After the lapse of six years a new arrangement is to be made for the prolongation of the com

mission.

"Art. 5. Since, according to the 59th article of the final act, in those states where the publication of the deliberations of the chambers is secured by the constitution, the free expression of opinion, either in the deliberations themselves, or in their publication through the medium of the press, cannot be so extended as to endanger the tranquility of the state itself, or of the confederation in general, all the governments belonging to it mutually bind themselves, as they are already bound by their federal relations, to adopt and maintain such measures as may be necessary to

Act of the
Diet, 1834.

prevent and punish every attack against the confederation in the local chambers.

"Art. 6. Since the diet is already authorized by the 17th article of the final act, for the maintenance of the true meaning of the original act of confederation, to give its provisions such an interpretation as may be consistent with its object; in case doubts should arise in this respect, it is understood that the confederation has the exclusive right of interpreting, so as to produce their legal effect, the original act of the confederation and the final act, which right it exercises by its constitutional organ, the diet.

Further modifications of the federal constitution were introduced by the act of the diet of the 30th of October, 1834, in consequence of the diplomatic conferences held at Vienna in the same year by the representatives of the different states of Germany.

By the 1st article of this last mentioned act, it is provided, that "in case of differences arising between the government of any state and the legislative chambers, either respecting the interpretation of the local constitution, or upon the limits of the co-operation allowed to the chambers in carrying into effect certain determinate rights of the sovereign, and especially in case of the refusal of the necessary supplies for the support of government conformably to the constitution and the federal obligations of the state, after every legal and constitutional means of conciliation have been exhausted, the differences shall be decided by a federal tribunal of arbitrators appointed in the following man

ner.

"2. The representatives, each holding one of the se venteen votes in the ordinary assembly of the diet, shall nominate, once in every three years, within the states represented by them, two persons distinguished by their reputation and length of service in the judicial and administrative service. The vacancies which may occur, during the said term of three years, in the tribunal of arbitrators

thus constituted, shall be, in like manner, supplied, as often as they may occur.

"3. Whenever the case mentioned in the first article arises, and it becomes necessary to resort to a decision by this tribunal, there shall be chosen from among the thirtyfour, six judges arbitrators, of whom three are to be selected by the government, and three by the chambers. This number may be reduced to two, or increased to eight, by the consent of the parties; and in case of the neglect of either to name judges, they may be appointed by the diet.

"4. The arbitrators thus designated shall elect an addi tional arbiter as an umpire, and in case of an equal division of votes, the umpire shall be appointed by the diet.

"5. The documents respecting the matter in dispute shall be transmitted to the umpire, by whom they shall be referred to two of the judges arbitrators to report upon the same, the one to be selected from among those chosen by the government, the other from among those chosen by the chambers.

"6. The judges arbitrators, including the umpire, shall then meet at a place designated by the parties, or in case of disagreement, by the diet, and decide by a majority of voices the matter in controversy according to their conscientious conviction.

"7. In case they require further elucidations, before proceeding to a decision, they shall apply to the diet, by whom the same shall be furnished.

"8. Unless in case of unavoidable delay under the circumstances stated in the preceding article, the decision shall be pronounced within the space of four months at farthest from the nomination of the umpire, and be transmitted to the diet, in order to be communicated to the government of the state interested.

"9. The sentence of the judges arbitrators shall have the effect of an austrëgal judgment, and shall be carried into execution in the manner prescribed by the ordinances of the confederation.