§ 21. Confederated

its own

In the first case, the several States are connected together by a compact, which does not essentially differ States, each from an ordinary treaty of equal alliance. Consequently retaining the internal sovereignty of each member of the union sovereignty. remains unimpaired; the resolutions of the federal body being enforced, not as laws directly binding on the private individual subjects, but through the agency of each separate government, adopting them, and giving them the force of law within its own jurisdiction. Hence it follows, that each confederated individual State, and the federal body for the affairs of common interest, may become, each in its appropriate sphere, the object of distinct diplomatic relations with other nations.

In the second case, the federal government created by $ 22. Suthe act of union is sovereign and supreme, within the preme federal governsphere of the powers granted to it by that act; and the ment or compositive government acts not only upon the States which are State. members of the confederation, but directly on the citizens. The sovereignty, both internal and external, of each several State is impaired by the powers thus granted to the federal government, and the limitations thus imposed on the several State governments. The compositive State, which results from this league, is alone a sovereign power.

Germany, as it has been constituted under the name § 23. Germanic Conof the Germanic Confederation, presents the example federation. of a system of sovereign States, united by an equal and permanent Confederation. All the sovereign princes and free cities of Germany, including the Emperor of Austria and the King of Prussia, in respect to their possessions which formerly belonged to the Germanic Empire, the King of Denmark for the duchy of Holstein, and the King of the Netherlands for the grand duchy of Luxembourg, are united in a perpetual league, under the name of the Germanic Confederation, established by the Federal Act of 1815, and completed and developed by several subsequent decrees.

The object of this union is declared to be the preservation of the external and internal security of Germany, the independence and inviolability of the confederated States. All the members of the confederation, as such, are entitled to equal rights. New

States may be admitted into the union by the unanimous consent of the members.1

The affairs of the union are confided to a Federative Diet, which sits at Frankfort-on-the-Maine, in which the respective States are represented by their ministers, and are entitled to the following votes, in what is called the Ordinary Assembly of the Diet:

Hohenzollern, Lichtenstein, Reuss, Schaumburg, Lippe, Waldeck,
and Hesse Homburg

The Free Cities of Lubeck, Frankfort, Bremen, and Hamburg

Total

Votes.

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

-

17

Austria presides in the Diet, but each State has a right to propose any measure for deliberation.

The Diet is formed into what is called a General Assembly, (Plenum,) for the decision of certain specific questions. The votes in pleno are distributed as follows:

1 Acte final du Congrès de Vienne, art. 53, 54, 55. Deutsche Bundes acte, vom 8 Juni, 1815, art. 1. Wiener Schluss-Acte, vom 15 Mai, 1820, art. 1, 6.

Every question to be submitted to the general assembly of the Diet is first discussed in the ordinary assembly, where it is decided by a majority of votes. But, in the general assembly, (in pleno,) two thirds of all the votes are necessary to a decision. The ordinary assembly determines what subjects are to be submitted to the general assembly. But all questions concerning the adoption or alteration of the fundamental laws of the Confederation, or organic regulations establishing permanent institutions, as means of carrying into effect the declared objects of the union, or the admission of new members, or concerning the affairs of religion, must be submitted to the general assembly;

6

and, in all these cases, absolute unanimity is necessary to a final decision.1

The Diet has power to establish fundamental laws for the Confederation, and organic regulations as to its foreign, military, and internal relations.2

All the States guarantee to each other the possession of their respective dominions within the union, and engage to defend, not only entire Germany, but each individual State, in case of attack. When war is declared by the Confederation, no State can negotiate separately with the enemy, nor conclude peace or an armistice, without the consent of the rest. Each member of the Confederation may contract alliances with other foreign States, provided they are not directed against the security of the Confederation, or the individual States of which it is composed. No State can make war upon another member of the union, but all the States are bound to submit their differences to the decision of the Diet. This body is to endeavor to settle them by mediation; and if unsuccessful, and a juridical sentence becomes necessary, resort is to be had to an austrëgal proceeding, (Austrägal-Instanz,) to which the litigating parties are bound to submit without appeal.3

Each country of the Confederation is entitled to a local constitution of States. The Diet may guarantee the constitution established by any particular State, upon its application; and thereby acquire the right of settling the differences which may arise respecting its interpretation or execution, either by mediation or judicial arbitration, unless such constitution shall have provided other means of determining controversies of this nature.5

In case of rebellion or insurrection, or imminent danger thereof in one or more States of the Confederation, the Diet may interfere to suppress such insurrection or rebellion, as threatening the general safety of the Confederation. And it may in like manner interfere on the application of any one State; or, if the local

Acte final, art. 58. Wiener Schluss-Acte, art. 12-15. 2 Acte final, art. 62. 3 Ibid. art. 63.

4 "In allen Bundestaaten wird eine landeständische Verfassung stattfinden." Bundes-Acte, art. 13.

5 Wiener Schluss-Acte, art. 60.

government is prevented by the insurgents from making such application, upon the notoriety of the fact of the existence of such insurrection, or imminent danger thereof, to suppress the same by the common force of the Confederation.1

In case of the denial or unreasonable delay of justice by any State to its subjects, or others, the aggrieved party may invoke the mediation of the Diet; and if the suit between private individuals involves a question respecting the conflicting rights and obligations of different members of the union, and it cannot be amicably arranged by compromise, the Diet may submit the controversy to the decision of an austrëgal tribunal.2

The decrees of the Diet are executed by the local governments of the particular States of the Confederation, on application to them by the Diet for that purpose, excepting in those cases where the Diet interferes to suppress an insurrection or rebellion in one or more of the States; and even in these instances, the execution is to be enforced, so far as practicable, in concert with the local government against whose subjects it is directed.3

The subjects of each member of the union have the right of acquiring and holding real property in any other State of the Confederation; of migrating from one State to another; of entering into the military or civil service of any one of the confederated States, subject to the paramount claim of their own native sovereign; and of exemption from every droit de détraction, or other similar tax, on removing their effects from one State to another, unless where particular reciprocal compacts have stipulated to the contrary. The Diet has power to establish uniform laws relating to the freedom of the press, and to secure to authors the copyright of their works throughout the Confederation.1

The Diet has also power to regulate the commercial intercourse between the different States, and the free navigation of the rivers belonging to the Confederation, as secured by the treaty of Vienna.5

The different Christian sects throughout the Confederation are entitled to an equality of civil and political rights; and the Diet is empowered to take into consideration the means of ameliorating

1 Weiner Schluss-Acte, art. 25-28.

3 Ibid. art. 32.

5 Ibid. art. 19. Acte final, art. 108-117.

2 Ibid. art. 29, 30.
4 Bundes-Acte, art. 18.