tions of the Confederation with the five great European Chap. II. Powers, parties to the Final Act of the Congress of Vienna, 1815, were habitually maintained by permanent legations from those powers to the Diet at Frankfort, yet the Confederation itself was not habitually represented by public ministers at the courts of these, or any other foreign powers; whilst each confederated State habitually sent to, and received such minister from other Sovereign States, both within and without the Confederation. It was only on extraordinary occasions, such, for example, as the case of a negotiation for the conclusion of a peace or armistice, that the Diet appointed plenipotentiaries to treat with foreign powers (b).

domains

Confedera

$ 50. Such of the confederated States as had possessions States with without the limits of the Confederation, retained the beyond the authority of declaring and carrying on war against any tion. power foreign to the Confederation, independently of the Confederation itself, which remained neutral in such a war, unless the Diet should recognise the existence of a danger threatening the federal territory. The sovereign members of the Confederation, having possessions without the limits thereof, were the Emperor of Austria, the King of Prussia, the King of the Netherlands, and the King of Denmark. Whenever, therefore, any one of these sovereigns undertook a war in his character of a European power, the Confederation, whose relations and obligations were unaffected by such war, remained a stranger thereto; in other words, it remained neutral, even if the war was defensive on the part of the confederated sovereign as to his possessions without the Confederation, unless the Diet recognised the existence of a danger threatening the federal territory (c).

In other cases of disputes, arising between any State of the Confederation and foreign powers, and the former asked the intervention of the Diet, the Confederation might interfere as an ally, or as a mediator; might exa

(2) Klüber, § 148, § 152 a. Wiener. Schluss-Acte, § 49.

(c) Wiener Schluss-Acte, art, 46, 47. Klüber, Offentliches Recht des Deutschen Bundes, § 152 f.

Part I.

§ 51.

The Germanic
Confedera-
tion a
system of

States.

mine the respective complaints and pretensions of the contending parties. If the result of the investigation was, that the co-State was not in the right, the Diet would make the most serious representations to induce it to renounce its pretensions, would refuse its interference, and, in case of necessity, would take all proper means for the preservation of peace. If, on the contrary, the preliminary examination proved that the confederated State was in the right, the Diet would employ its good offices to obtain for it complete satisfaction and security (d).

It follows, that not only the internal but the external sovereignty of the several States composing the Germanic confederated Confederation, remained unimpaired, except so far as it might be affected by the express provisions of the fundamental laws authorizing the federal body to represent their external sovereignty. In other respects, the several confederated States remained independent of each other, and of all States foreign to the Confederation. Their union constituted what the German public jurists call a Staatenbund, as contradistinguished from a Bundesstaat; that is to say, a supreme Federal Government (e).

§ 51a. German unity.

The growing power of the Germanic Confederation, and the desire of establishing German unity, gave rise to the project of creating an empire that should embrace the whole German race. In 1848, a congress assembled at Frankfort for the purpose of discussing this scheme, but nothing was then effected. Since that date the idea has been frequently revived, but the rivalry of Austria and Prussia, and the ambition and jealousy of the minor States long prevented its being carried out.

The war of 1864 entered into by Austria and Prussia against Denmark, tended materially to promote German unity; and the subsequent

(d) Wiener Schluss-Acte, art. 35—49. Klüber, § 462.

(e) Klüber, §§ 103a, 176, 248, 460, 461, 462. Heffter, das Europäische Völkerrecht, § 21.

The Treaty of Paris, 1814, art. 6, declares : "Les états de l'Allemagne seront indépendans et unis par un lien fédératif."

The Final Act of the Congress of Vienna, 1815, art. 54, declares :-"Le but de cette Confédération est le maintien de la sûreté extérieure et intérieure de l'Allemagne, de l'indépendance et de l'inviolabilité de ses états confédérés.” For further details respecting the Germanic Constitution, see Wheaton's History of the Law of Nations, pp. 455 et seq.

North

war of 1866, between Austria and Prussia, resulted in the dissolution Chap. II. of the Germanic Confederation, and the establishment of the North German Confederation. Austria was thereby excluded from partici- German Conpating in the affairs of Germany (ƒ), and Prussia placed at the head federation. of a national movement. This Confederation consists of the kingdoms of Prussia and Saxony, the Grand Duchies of Mecklenburg-Schwerin, Mecklenburg-Strelitz, Oldenburg, and Saxe-Weimar, the Duchies of Anhalt, Saxe-Meiningen, Saxe-Coburg, and Saxe-Altenburg, some smaller States, and the free cities of Hamburg, Bremen, and Lubeck (g). These States agreed to enter into a perpetual confederation for the defence of the Federal territory, and of the rights prevailing therein, as well as for fostering the welfare of the German people.

§ 51b. After the war of 1870-71 with France, the idea of unity received its The German fullest development. The kingdoms of Bavaria and Wurtemburg, the war with Empire since and the Grand Duchies of Baden and Hesse, were united to the North France. German Confederation, and the whole received the name of the German Empire (h). Within this Confederate territory the empire exercises the right of legislation according to the tenor of the Constitution, and with the effect that the imperial laws take precedence of the laws of the States (i). Legislation is carried on by a Council of the Confederation, and an Imperial Diet (k). The Council consists of the representatives of the members of the Confederation, amongst whom the votes are divided in such manner that Prussia has, with the former votes of Hanover, Electoral Hesse, Holstein, Nassau and Frankfort, seventeen votes, Bavaria six, Saxony four, Wurtemburg four, Baden three, Hesse three, Mecklenburg-Schwerin two, Brunswick two, and seventeen smaller States, one each (1). The totality of such votes can only be given in one sense, and there are fifty-eight votes in all.

The Presidency of the Confederation belongs to the King of Prussia, who bears the name of German Emperor, and who represents the empire internationally, declares war, makes peace, enters into treaties, and receives ambassadors. The consent of the Council is necessary for declaring war, unless the territory of the empire is actually attacked (m). The Imperial Diet is elected by universal and direct election (n), and its proceedings are public (o). The army and navy of the whole empire are single forces under the command of the Emperor (p).

Thus, Germany has now become a compositive State, and the independence of its various members is merged in the sovereignty of the

(f) Hertslet, Map of Europe by Treaty, vol. iii. p. 1699.

(g) State Papers, vol. lvii. p. 296. Hertslet, Map of Europe by Treaty, vol. iii. p. 1807.

(h) Hertslet, Map of Europe, vol. iii. p. 1930.

(i) Art. ii. of the Constitution of the German Empire.

(k) Art. v.
(1) Art. vi.
(m) Art. xi.
(n) Art. xx.

(0) Art. xxii.

(p) Arts. liii. and lxiii.

Part I.

$51c.

The Zollverein.

§ 52. United States of America.

empire; though the regnant heads of the several States retain their personal position as Sovereigns.

One of the drawbacks to the Germanic Confederation of 1815 was the preservation by each State of its own custom-houses and imposts. This was found to interfere so materially with the development of trade, that the Diet endeavoured to frame some legislative scheme for regulating the whole customs duties of the union, and for abolishing internal custom-houses within its territories. The Diet failed in its attempt, but the idea was gradually carried out by independent action on the part of several of the States. In 1827, Bavaria and Wurtemburg signed a treaty suppressing the custom-houses between themselves, adopting a uniform tariff of duties, and dividing the receipts proportionally (q). This was the first treaty of the kind, and was soon followed by others with the same object, e.g., by Prussia with Anhalt and Hesse-Darmstadt, and by Saxony with Hesse-Cassel, Brunswick, Nassau, and some smaller States.

The customs association to which Prussia belonged was called the Zollverein, and by the year 1855, the exertions of that State had absorbed into this league the whole of Germany, except Austria, the two Mecklenburg Duchies, Holstein, and the Hanse Towns (r). In 1867, the Zollverein was re-constituted by a treaty which came into force on the 1st of January, 1868, and was to continue till the 31st of December, 1877. In 1868, the Mecklenburg Duchies and Lubeck joined the league, which, as Austria had then been excluded from the affairs of Germany, embraced all the German Empire except the free towns of Hamburg and Bremen. The constitution of the German Empire of 1871 expressly kept in force the treaty of July, 1867, and confirmed the right of Hamburg and Bremen to remain as free ports outside the customs frontier, until they should apply to be admitted therein (s). This application was made in 1888, and Hamburg and Bremen entered into the Zollverein in October of that year (t).

The constitution of the United States of America is of a very different nature from that of the Germanic Confederation. It is not merely a league of sovereign States for their common defence against external and internal violence, but a supreme federal government, or composite State, acting not only upon the sovereign members of the Union, but directly upon all its citizens in their individual and corporate capacities. It was established, as the constitutional act expressly declares, by "the

(2) Martens, Nouveau Recueil, vol. vii.
p. 167. State Papers, vol. xiv. p. 803.
(r) Calvo, vol. i. § 63, p. 166.

(8) Arts. xl. and xxxiv. See Herts

let, Map of Europe, vol. iii. pp. 1939, 1941. Statesman's Manual, 1877, tit. Germany.

(t) Annual Register, 1888.

people of the United States, in order to form a more Chap. II. perfect union, establish justice, ensure domestic tranquillity, provide for the common defence, promote the general welfare, and secure the blessings of liberty to them and their posterity." This constitution, and the laws made in pursuance thereof, and treaties made under the authority of the United States, are declared to be the supreme law of the land; and that the judges in every State shall be bound thereby, anything in the constitution or laws of any State to the contrary notwithstanding.

$53.

Union.

The legislative power of the Union is vested in a Legislative Congress, consisting of a Senate, the members of which on. are chosen by the local legislatures of the several States, and a House of Representatives, elected by the people in each State. This Congress has power to levy taxes and duties, to pay the debts, and provide for the common defence and general welfare of the Union; to borrow money on the credit of the United States; to regulate commerce with foreign nations, among the several States, and with the Indian tribes; to establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcy throughout the Union; to coin money, and fix the standard of weights and measures; to establish post-offices and post-roads; to secure to authors and inventors the exclusive right to their writings and discoveries; to punish piracies and felonies on the high seas, and offences against the law of nations; to declare war, grant letters of marque and reprisal, and regulate captures by sea and land; to raise and support armies; to provide and maintain a navy; to make rules for the government of the land and naval forces; to exercise exclusive civil and criminal legislation over the district where the seat of the federal government is established, and over all forts, magazines, arsenals, and dockyards belonging to the Union, and to make all laws necessary and proper to carry into execution all these and the other powers vested in the federal government by the constitution.