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such a legislature or to be content with any arrangement which should not give her absolute control over her local affairs. In 1865 negotiations were entered into upon the basis of Hungary's right to an independent government, and the agreement of 1867 guarantees the “laws, constitution, legal independence, freedom, and territorial integrity of Hungary and its subordinate countries." The laws of 1848 again came into full force, and the parliamentary institutions of the country were reestablished upon a firm basis.

Under the terms of the agreement of 1867 Hungary was left to deal as it thought best with the races within its territory. With Croatia alone did Hungary find it necessary to make special terms. By a law of 1868, which has been several times amended, an arrangement was made between Hungary and Croatia similar in many respects to that between Austria and Hungary.?

LAW 10 OF 1791.3



On the proposal of the estates and orders of the Kingdom, His Sovereign Majesty has been graciously pleased to recognize that, although the female succession of the august house of Austria, established by Laws 1 and 2 of 1723 in the Kingdom of Hungary and its dependencies, attaches to the same prince as in the other Kingdoms and hereditary States situated in Germany and outside of Germany, which must be possessed inseparably and indivisibly in accordance with the established order of succession, nevertheless, Hungary with its dependencies is a free kingdom, and independent in all that concerns the legal form of the government (with all its dicasteries), that is to say, that it is subject to no other kingdom or people, but that it has its own existence and constitution, and that it must be governed and administered by its hereditary King, legally crowned, and, consequently, by His Sovereign Majesty and his successors, the Kings of Hungary, in accordance with its own laws and customs and not on the model of other provinces, conformably to Laws 3 of 1715 and 8 and 11 of 1741.

i French translation of the Compromis in DARESTE, op. cit., pp. 505-520.

2 These introductory paragraphs are based upon W. F. DODD, Modern Constitutions (Chicago, 1909), vol. 1, pp. 91-93, and DARESTE, op. cit., pp. 464-470 and 504-505.

3 Laws 10, 12 and 19 of 1791 and 8, 18 and 20 of 1848 have been translated by RUTH E. STANTON from the French translation in DARESTE, op. cit., pp. 476, 477, 478, 487 and 488.

* Leopoldi II Regis Decreti A. 1791, Art. 10 (De independentia Regni Hungaria partinumque eidem anne.rarum). The expression partes anneræ served to designate the countries beyond the Drave (Croatia-Slavonia-Dalmatia).

5 Government authorities.

LAW 12 OF 1791.

ON THE EXERCISE OF THE LEGISLATIVE AND EXECUTIVE POWER.' His Sovereign Majesty voluntarily and of his own accord recognizes that the power to make, abrogate and interpret the laws in this Kingdom of Hungary and its dependencies belongs, save for the provisions of Law 8 of 1741, to the lawfully crowned Prince and to the estates and orders of the Kingdom lawfully assembled in Diet, and he has been graciously pleased to declare that he would preserve intact this right of the States, and would transmit it inviolate to his august successors as he had received it from his illustrious ancestors, guaranteeing to the estates and orders of the Kingdom that the Kingdom and its dependencies shall never be governed by edicts or by what are known as patents, which can in no case be received by any of the tribunals of the Kingdom, the deliverance of patents being reserved only in the case where, on points in other respects conforming to the law, the publication can be effectively obtained only in this way. In consequence:

. The organization of tribunals, established or to be established by the law, can not be modified by royal authority; the execution of lawful sentences can not be prevented by orders of the King, nor can he in person be permitted to prevent it; the lawful sentences of the tribunals shall not be altered or yielded to the revision of the King or any political administrative authority, but the judgments shall be rendered conformably to the laws at present existing or subsequently to be made, and to the recognized custom of the Kingdom, by judges chosen without religious distinction, and the executive power shall be exercised by His Royal Majesty only in the meaning of the laws.

LAW 19 OF 1791.


His Sovereign Majesty has also been graciously pleased to guarantee fully to the estates and orders of the Kingdom and the dependencies that no subsidies, under any name whatsoever, either in money, in kind or in recruits, shall be imposed by the royal will either upon the estates and orders or upon persons not of the nobility, nor shall they be solicited, under the pretext of a free gift or for any other reason, outside of the diet, save in so far as concerns the provision of Law 8 of 1715 confirmed by Law 22 of 1741.3 The

1 Leopoldi II Regis Decreti, Art. 12 (De legislatiræ et executive potestatis erercitio).

Leopoldi II Regis Decreti, Art. 19 (De subsidiis et contributione). 3 These laws provide that in case of an unexpected war or a war of invasion the diet must be convoked in a place in the interior of the Kingdom in order to deliberate upon an extraordinary imposition (tax).

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amount of the contribution appropriated for the maintenance of the permanent army shall always be determined from one diet to the other in the comitia of the Kingdom; save for the other provisions of Law 8 of 1715 above cited, which are, presumably, confirmed."

LAW 3 OF 1848.2

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ARTICLE 1. The person of His Majesty the King is sacred ana inviolable.

ART. 3. His Majesty shall exercise the executive power in conformity with law, through the independent Hungarian ministry, and no ordinance, order, decision, or appointment shall have force unless it is countersigned by one of the ministers residing at Budapest.

ART. 4. Each member of the ministry shall be responsible for all of his official actions.

ART. 5. The official seat of the ministry is Budapest.

ART. 6. In all matters which have heretofore been within the power of the Royal Hungarian Chancellery, of the Royal Council of the Regency and of the Royal Council of the Treasury, including therein mining, and especially in all civil, ecclesiastical, financial and military affairs, and in general in all matters relating to national defense, His Majesty shall henceforth exercise the executive power exclusively through the Hungarian ministry.

ART. 7. It shall be within the immediate power of His Majesty, in every case with the countersignature of the proper responsible Hungarian minister, to appoint archbishops, bishops, priors, and abbots, as well as standard bearers, to exercise executive clemency, to grant noble rank, titles and orders.

ART. 10. The ministry shall be composed of a president and of eight other ministers, if the president does not himself assume one of the portfolios.

ART. 12. His Majesty shall appoint the ministers upon the nomination of the president of the ministry. 4

ART. 13. One of the ministers shall always be in attendance upon the person of His Majesty and shall take part in all affairs which

1 This refers to the provisions of Law 8 of 1715 relative to the military service of the nobility and to the maintenance of the permanent army by means of a contribution to be determined in accord with the diet.

? Translations of Laws 3, 4 and 5 of 1848, 33 of 1874, and 7 of 1885 are based upon those in DODD, op. cit., pp. 93–111. French translations of Laws 3 and 4 of 1848 and 7 of 1885 appear in DARESTE, op. cit., pp. 479-487 and 493-501.

8 Articles 2, 9, 11 and 38 of this law were repealed and Articles 3, 17, 19 and 24 tirt: modified by Law 7 of 1867, which suspended the office of Palatin. Article 8 relatt tere military affairs which are now conducted by the Austro-Hungarian Government.

ed to * As amended by Law 8 of 1867.

are common to Hungary and the hereditary Provinces, and in such affairs he shall, under his responsibility, represent Hungary.

ART. 14. Besides the member attached to the person of the King for the affairs mentioned in Article 13, the ministry shall be divided into the following departments:

a. Interior,
b. Finance.
c. Commerce.
d. Agriculture.?
e. Religion and education.
f. Justice and pardons.

g. National defense. ART. 15. A separate minister shall be at the head of each depart. ment and of the official personnel thereof, which shall be under the direction of the respective chiefs of division.

ART. 16. The manner of conducting business within the departments shall be regulated by the ministry itself.

Art. 17. The president of the ministry shall preside over the Council of Ministers in the absence of the King, and he may convene the Council of Ministers as often as he considers it necessary.

ART. 18. Each minister shall be responsible for the orders which he signs.

ART. 19. For the consideration of the public affairs of the country under the presidency of His Majesty or of the president of the ministry, a Council of State shall be established at Budapest, which shall be permanently organized by the next Diet.*

ART. 20. In addition to the necessary staff of officers, two councilors of state shall be assigned to the minister in attendance upon the person of the King, such councilors to be selected for the present from among the active councilors of the Royal Hungarian Chancellery upon the nomination of the above-mentioned minister.

ART. 21. The affairs enumerated in Article 7 as reserved immediately to His Majesty shall be administered by the responsible Hungarian minister in attendance upon the person of the King, together with the councilors of state and officers associated with him.

ART. 22. The other active councilors of the Royal Hungarian Chancellery shall be transferred to the Council of State mentioned in Article 19.

1 Affairs common to the two countries are now handled by the joint ministry.

2 As amended by Law 18 of 1889. These two ministries were formerly called “ Public Works, Means of Communication and Navigation " and " Agriculture, Industry and Commerce," respectively.

. For the representation of the interests of Croatia-Slavonia-Dalmatia, there is also appointed a separate Croatian minister who is without portfolio. This minister is entitled to vote in the Council of Ministers and is responsible to the Hungarian House of Representatives.

* The Council of State has never been organized; hence Articles 19-24 are not really in force.

Art. 23. The Royal Hungarian Council of the Regency and the Royal Council of the Treasury shall be divided among the respective departments of the ministry in pursuance of the provisions of Law 58 of 1791, which shall also be taken into consideration in the organization of the Council of State.

Art. 24. The presidents of the government offices mentioned in Article 6 shall have seats in the Council of State designated by Article 19, and shall preside therein in the absence of the King and the ministers.

Sec. 25. All officers and employees of the government offices mentioned in Article 6, not only those who receive new appointments but also those who can not be given places in the above-mentioned departments of the ministry, shall retain their present salaries until other provision is made.

ART. 26. The legal powers of all local governing bodies of the country shall remain in full force.?

Art. 27. The legally established courts shall preserve their legal independênce and shall retain their present organization until further provided by law.3

Art. 28. The ministers shall have seats in the two houses of the Diet and must be heard therein when they wish to speak.

ART. 29. Ministers shall be bound to attend in either house of the Diet when requested, and to give proper explanations.

ART. 30. Upon demand of either house of the Diet the ministers shall be bound to submit their official papers for examination by the house itself or by a committee appointed by the house.

Art. 31. Ministers shall have a vote in the Diet only in case they are legal members of the Table of Magnates or have been elected as representatives in the House of Representatives. Art. 32. Ministers may be held responsible:

a. For every act committed or order executed by them in their official capacity which violates the independence of the country, the guaranties of the Constitution, the provisions of existing laws, personal liberty, or the inviolability of property.

b. For misapplication or illegal use of money or other property entrusted to them.

c. For failure to execute the laws or to maintain public peace and order, in so far as such neglect could have been avoided by the use of means placed at their disposal by the law.

1 This law provides that the attributions of the Council of the Regency be extended to Croatia-Slavonia, which consequently should have a fixed number of representatives therein.

2 See DARESTE, op. cit., p. 482, note 1. 3 See DARESTE, ibid., note 2.

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