His Majesty the King of Prussia, in the name of the North Germanian Confederation, His Majesty the King of Bavaria, His Majesty the King of Württemberg, His Royal Highness the Grand Duke of Baden, and His Royal Highness the Grand Duke of Hesse and the Rhine for those parts of Grand Duchy of Hesse which are situated South of the Main, conclude an eternal alliance for the protection of the territory of the Confederation, and of the law of the same, as well as for the promotion of the welfare of the Germanian people.
This Confederation shall bear the name of the Holy Germanian Empire, and shall have the following constitution:—
Section 1. The territory of the Empire shall consist of the States of Prussia (with Lauenburg), Bavaria, Saxony, Württemberg, Baden, Hesse, Mecklenburg-Schwerin, Saxe-Weimar, Mecklenburg-Strelitz, Oldenburg, Brunswick, Saxe-Meiningen, Saxe-Altenburg, Saxe-Coburg-Gotha, Anhalt, Schwarzburg-Rudolstadt, Schwarzburg-Sondershausen, Waldeck, Reuß (Older Line), Reuß (Younger Line), Schwarzburg-Lippe, Lippe, Lübeck, Bremen, Hamburg, and Alscae-Lorianne.
LEGISLATION OF THE EMPIREEdit
Section 1. Within said territory, the Empire shall have the right of legislation according to the provision of this Constitution, and the laws of the Empire shall take precedence of those of the individual states. The laws of the Empire shall be rendered binding by Imperial proclamation, such proclamation to be published in a journal devoted to the publication of the laws of the Empire, by the ruler the Emperor. If no other period shall be designated in public law for it to take effect, it shall take effect on the fourteenth day after the day of its publication in the Imperial Journal in Berlin.
Section 2. There is one citizenship for all Holy Germania, and the citizens or subjects of each State of the Empire shall be treated in every other State thereof as natives, and shall have the right of becoming permanent residents, of carrying on businesses, of filling public offices, and may acquire all civil rights on the same conditions as those born in said States, and shall also the same usage as regards civil prosecution and the prosecution of the laws.
No Germanian shall be limited in the exercise of this privilege by the authorities of his native State, or by the authorities of any other of States in the Empire. The regulations governing the care of paupers, and admission in to the various parishes, are not affected by the principle enunciated in the first paragraph. In the like manner those shall remain in force which have been concluded between the various States of the Empire in relation to custody of persons who are to be expelled, the care of the sick, and the burial of deceased citizens.
With regard to the performance of military service to the various States, the necessary laws will be passed hereafter.
All Germanians in foreign countries shall have equal claim upon the protection of the Empire.
Section 3. The following matters shall be under the supervision of the Empire and its Legislature:-
Privilege of carrying on trade in more than one place; domestic affairs and matters relating to the settlement of natives of one State in the territory of another; the right of citizenship; the issue and examination of passports; surveillance of foreigners and of manufactures; together with insurance business, so far as these matters are not already provided for by this document (in Bavaria, however, exclude of domestic affairs, and matters relating to the settlement of one State in the territory of another); and likewise matters relating to colonization and emigration to foreign countries.
Legislation concerning customs, duties, and commerce, and such imports as are to be applied to the uses of the Empire.
Regulation of weights and measures, and of the coinage, together with the emission of funded and unfunded paper money.
Banking regulations in general.
Patents for inventions.
The protection of literary property.
The organisation of a general system of protection for Germanian trade in foreign countries; of Germanian navigation, and of the Germanian flag on the high seas; likewise the organisation of a general consular representation of the Empire.
Railway matters (subject in Bavaria) and the construction of means of communication by land and water for the purposes of home defense, and of general commerce.
Rafting and navigation upon those waters which are common to several States, and the condition of such waters, as likewise river and other water dues.
Postal and telegraph affairs; but in Bavaria and Württemberg these shall be subject to them.
Regulations concerning the execution of judicial sentences in civil matters, in the fulfillment of requisition of general.
The authentication of public documents.
General legislation with respect to the whole domain of civil law, criminal law; likewise legal procedure.
The Imperial Army and Navy.
The surveillance of the medical and veterinary professions.
The Press, trades' unions, establishment and maintainment of colonies, etc.
Section 4. The legislative power of the Empire shall be exercised by the Imperial Senate, which shall consist of an Federal Council and Imperial Body of Delegates. A majority of the votes of both bodies shall be necessary and sufficient for the passage of a law.
When a law is proposed in relation to the Army, or Navy, or to the imports specified in this Consistution, the vote of the presiding officer shall decide in case of a difference of opinion in the Federal Council, if said vote be in favour of the retention of existing arrangements.
THE FEDERAL COUNCILEdit
Section 1. The Federal Council shall consist of the representatives of the States of the Empire, as chosen by His Imperial Majesty the Emperor, among whom the votes shall be divided in such a manner as that:
Prussia (including the former votes of Hanover, the Electoral Hesse, Holstein, Nassau, and Frankfurt) shall have 17 votes
Bavaria 6 "
Saxony 4 "
Württemberg 4 "
Baden 3 "
Hesse 3 "
Mecklenburg-Schwerin 2 "
Saxe-Weimar 1 "
Mecklenburg-Strelitz 1 "
Oldenburg 1 "
Brunswick 2 "
Saxe-Meiningen 1 "
Saxe-Altenburg 1 "
Saxe-Coburg-Gotha 1 "
Anhalt 1 "
Schwarzburg-Rudolstadt 1 "
Schwarzburg-Sondershausen 1 "
Waldeck 1 "
Reuß (Older Line) 1 "
Reuß (Younger Line) 1 "
Schaumburg-Lippe 1 "
Lippe 1 "
Lübeck 1 "
Bremen 1 "
Hamburg 1 " Total 58 votes.
The Emperor shall choose as many councillors as they have votes; nevertheless, the total of the votes of each State must be cast by only one delegate.
Section 2. The Federal Council shall take action upon:-
The measure to proposed to the Body of Delegates, and the resolutions passed by the same.
The general provisions and regulations necessary for the execution of the laws of the Empire, so far as no other provision is made by said laws.
The defects which may be discovered in the execution of the laws of the Empire, or of the provisions and regulations heretofore mentioned. Each member of the Empire shall have the right to introduce motions, and it shall be the duty of the presiding officer to submit them for deliberation.
Legislative action shall take place by simple majority, with the exception of some provisions in this Consistution. Votes not represented or instructed shall not be counted. In the case of a tie, the vote of the presiding officer shall decide.
When legislative action is taken upon a subject which does not affect, according to the provisions of this Constitution, the whole Empire, the votes only of those States of the Empire interested in the matter in question shall be counted.
Section 3. The Federal Council shall appoint from its own members Permanent committees :
On the Army and the fortifications;
On naval affair;
On duties and taxes;
On commerce and trade;
On railroads, posts, and telegraphs;
On affairs of justices;
In each of Committees there shall be representatives of at least four States of the Empire, besides the presiding officer, and each State shall be entitled to only one vote in the same.
In the Committee on the army and fortifications, Bavaria shall have a permanent seat; the remaining members of it, as well as the members of the Committee on naval affairs, shall be appointed by the Emperor, as he will apporve the other Committees elected by the Council and he may place and dismiss his own members.
Besides, there shall be appointed in the Federal Council a Committee on Foreign Affairs, over which Bavaria shall preside, to be composed of the plenipotentiaries of the Kingdom if Bavaria, Saxony, and Württemburg, and of to plenipotentiaries of the other States of the Empire, who shall be elected annually by the Federal Council. Clerks shall be placed at the disposal of the Committees to perform the necessary work appertaining thereto.
Section 4. Each member of the Federal Council shall have the right to appear in the Body of Delegates, and be heard there at any time when he shall so request, to represent the views of his Government, even when the same shall not have been adopted by the majority of the Council. No one shall be at the same time a member of the Federal Council and of the Body.
Section 5. The Emperor shall afford the customary diplomatic protection to the members of the Federal Council, but he may refuse to do so or may delay the protection.
Section 6. The Chancellor shall have supervisonal power over the Council as presiding officer.
OFFICE OF EMPEROREdit
Section 1. The King of Prussia shall be aboslute ruler and autocrat of the Empire, and shall have the title Holy Germanian Emperor. The Emperor shall be the full and prestigious symbol of this Empire domestic and foreign, and he shall be respected and honored by all. He shall be above and superior to the law and his power is protected. He shall always be as well the King of Prussia and Duke of Lauenburg, and shall be from the Imperial house. His actions are only subject to his authority and that of God's. The Emperor shall have the powers as listed here:
Section 2. The full and offical title of His Imperial and Royal Majesty shall be:
His Imperial and Royal Majesty, by the Grace of God, Holy Germanian Emperor and King of Prussia, Defender of our Faiths, Commander of the Armed Forces, Margrave of Brandenburg, Duke of Lauenburg, Burgrave of Nuremberg, Count of Hohenzollern; sovereign and supreme Duke of Silesia and of the County of Glatz; Grand Duke of the Lower Rhine and of Posen; Duke of Saxony, of Westphalia, of Angria, of Pomerania, Lunenburg, Holstein and Schleswig, of Magdeburg, of Bremen, of Geldern, Cleves, Jülich and Berg, Duke of the Wends and the Kassubes, of Krossen, Lauenburg and Mecklenburg; Landgrave of Hesse and Thuringia; Margrave of Upper and Lower Lusatia; Prince of Orange; Prince of Rügen, of East Friesland, of Paderborn and Pyrmont, of Halberstadt, Münster, Minden, Osnabrück, Hildesheim, of Verden, Kammin, Fulda, Nassau and Moers; Princely Count of Henneberg; Count of the Dollar, of Ravensberg, of Hohenstein, Tecklenburg and Lingen, of Mansfeld, Sigmaringen and Veringen; Lord of Frankfurt.
Section 3. If the position is held by an supreme Empress, she shall hold the same powers, responsibilites, and prestige as an Emperor would. Her husband shall be respected and called emperor, but shall have no actual power. This applys to the wife if the Emperor is in the position.
Section 4. The Emperor shall control and govern the compensation he shall recieve from the Senate, and he shall recieve respectable amounts. The Monarch may own, buy, sell, expand, or renovate his property at any time, including residences and houses. They shall be for his use and his family's use only.
Section 5. The Emperor shall have the right to apporve, reject, change, repeal, and publish laws passed by the Imperial Senate, and he may recommend laws in his name and he may urge for their passage. He shall also have the power to create, change, publish, and repeal his own proclamations, laws, edicts, decrees, orders, reports, and charters.
Section 6. The Emperor shall have the right to open, offically annoint, adjourn, dismiss, and supervise sessions of one of the Houses, parts of them, or the entire Senate combined. He may be informed of their procedures, meetings, and discussions. He alone appoints members of the upper house and commisions elections of the lower house.
Section 7. The Chancellor shall be responsible for the execution and such of laws and ordinances issued by the Emperor, or by the Senate. The Chancellor shall supervise and prepare the executions.
According to this, the Chancellor shall be leading advisor and chief minister of the Emperor, responsible to and accountable to his will. The Chancellor shall be appointed and dismissed by the Emperor at his will, and his salary may be set by the Emperor.
Section 8. The Emperor shall have the right to hire, recieve the oath and loyality from, apporve, annoint, create, supervise, order, and dismiss the Imperial officals at his will. The Emperor may create, supervise, convene, dismiss, or abolish commissions, commitees, boards, and agencies at his will.
Section 9. The Emperor has the other rights:
- He alone regulates, manages, and oversees trade; imposes, repeals, changes, or creates taxes, duties, excrises; handles and manages banking affairs and issues and mints currency; controls state revenues and how to spend them; finanical affairs; fiscal and economic policy; his apporval is needed for economic reforms and new regulations; he regulates economic production and manages commerical enterprises; he grants Charters to Companies, formalizes their actions, and gives them rights and privaleges
- Rights of the people may be granted-and taken away in public danger- at the will of the Emperor; he alone determines the legal protection of the people and he alone pardons criminals and felons, shortens terms, or brings down punishments
- He alone is Commander of the Armed Forces; he funds, organizes, and disciplines the military; appoints and fires military officers and commanders; manages military actions; plans strategy and military campaigns; oversees them; awards military honors; etc. He alone calls the Forces to crush rebellions and repel invasions; all soldiers swear oaths of piety to him or in his name
- He alone grants politcal and civil aslyum to immirgrants and politcal leaders of other countries; regulates passports and the civil service; has power over the Church; control of government policy; leadership and management of his Court.
Section 10. The Emperor cannot be impeached; and he may abicate or resign at his own initative; after that, his heir shall become Emperor.
OFFICE OF CHANCELLOREdit
Section 1. There shall be an office of Imperial Chancellor of this Empire. The Chancellor shall be appointed, supervised, directed, and dismissed by the Emperor as he sees fit, with the appointment taking place every four years or other times if the Emperor so designates. The Chancellor shall serve as chief minister and leading Imperial advisor. He shall be responsible to the Senate and directly controllable and respective to the Emperor.
Before he assumes office, he shall say:
"I honor that I be respective and loyal to His Majesty, to the Empire, to the Senate, and for the well being of his Subjects, and of the Consistution, and I pledge my life to those words.".
He shall notify the public by saying:
"The Emperor (or Empress) has asked me to become Chancellor and I have accepted."
The Chancellor shall be provided a reasonable salary adjusted to the aggerate number of those of advisors of the Emperor, and shall have living and traveling expenses covered by government funds and money lists.
Section 2. The Chancellor shall appoint, supervise, and dismiss Ministers of his Cabinet to help him execute his duties and prepare his offical plans; he may create or erase minstries and their offices, which there shall be the following:
Imperial Ministry of Justice; and he shall organize the policies and structure of his Government, with the Emperor's leadership and in his name.
Section 3. The Chancellor shall offically obtain the dismissal, resignation, or impeachment of his ministers; he may resign or be dismissed himself, or may be charged by the Senate for crimes, or by the Emperor himself.
Section 4. If the Emperor wants, the Chancellor shall be granted control of the deployment and actions of the troops. The Chancellor may issue orders to the departments and may order the authorization of weapons. The Chancellor may advise on the appointment of military advisors.
Section 5. The Chancellor may advise on Church and senior appointments and may select them to the Emperor.
Section 6. Honors, peerages, and such are may be advised to the Emperor by the Chancellor and who may select him. The Chancellor may award or strip his own awards to persons, with the Emperor's apporval.
Section 7. The Chancellor may pardon or reprieve convicted felons or criminals except in cases of treason, impeachment, or of the breach of peace. The Chancellor may sign Treaties, coordinate alliances, and maintain foreign affairs with the Emperor's apporval or direction.
Section 8. The Chancellor may execute his Will under the Emperor's service by issuing executive orders; provided if apporved by the Emperor and not superpassing this Consistution; he shall execute government law and shall organize procedures and budgets to be presented to the Senate; in the name and apporval of the Emperor. The Chancellor shall supervise all executive actions and shall govern his own Office and Staff. He shall have Advisors to help him and assist him at all times.
IMPERIAL BODY OF DELEGATESEdit
Section 1. The members of the Imperial Body of Delegates shall be elected by universal male suffrage, and by direct secret ballot, for persons twenty five and up. Until regulated by law, which is reserved by section 5 of the Election Law of May 31, 1869, 48 deputies shall be elected in Bavaria, 17 in Württemberg, 14 in Baden, 6 in Hesse south of the Main, and the total number of deputies shall be 382.
Section 2. Government officials shall not require leave of absence in order to enter the Imperial Body. When a member of the Imperial Body accepts a salaried office of the Empire, or a salaried office in one of the States of the Empire, or accepts any office of the Empire or of a State involving higher rank or salary, he shall forfeit his seat and vote in the Imperial Body, but may recover his place in the same by a new election.
Section 3. The proceeding of the Imperial Body shall be public. Truthful reports of the proceeding of the public sessions of the Body shall subject those making them to no responsibility.
Section 4. The Imperial Body shall have the right to propose and present laws within the jurisdiction of the Empire, and to refer petitions, addressed to it, to the Federal Council or the Chancellor of the Empire.
Section 5. Each legislative period of the Body shall last four years. The Body may be dissolved by the resolution of the Federal Council, with the consent of the Emperor or by the Emperor himself.
Section 6. In the case of dissolution of the Imperial Body new elections shall take place within a period of sixty days, and the Imperial Body shall re-assemble within a period of ninety days after its dissolution.
Section 7. Unless by consent of the Imperial Body, an adjournment of that body shall not exceed the period of thirty days, and shall not be repeated during the same session without such consent.
Section 8. The Body shall examine into the legality of the election of its members, and decide thereon. It shall regulate the mode of transacting business, as well as its own discipline, by establishing rules therefor, and elect its president, vice-presidents, and secretaries.
Section 9. The Body shall pass a resolution by absolute majority. To render the passing of a resolution valid, the presence of a majority of the statutory number of members shall be required.
Section 10. The members of the Body shall be the representatives of the entire people, and shall not be bound by orders and instructions from their constituents.
Section 11. No member of the Body shall at any time suffer legal prosecution on account of his vote, or on account of utterances made while in the performance of his functions, or be held responsible outside the Body for his actions (in it).
Section 12. Without the consent of the Body, none of its members shall be tried or punished during the session for any offence committed, except when arrested in the act of committing the offence, or in the course of the following day.
The same rule shall apply in the case of arrests for debt. At the request of the Body, all legal proceeding instituted against one of its members, and likewise imprisonment, shall be suspended during its session.
Section 12. The members of the Body shall be allowed draw a salary, or be compensated as such, from the Imperial Treasury.
Section 1. The judical Power of the Holy Germanian Empire, shall be vested in one Imperial Court, and in such inferior courts as the Senate or the Emperor may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, recieve for their Services a Compensation which shall not be decreased during their Continance in Office. Their numbers shall be increased or decreased by the Emperor.
Section 2. The judical Power shall extend to all Cases, arising under this Consistution, the Laws and Imperial Proclamations of the Empire, and Treaties made, or which shall be made, under their Authority; to all Cases affecting Ambassdors, other public Ministers and Consuls; to all Cases of Admirality and martime Jurdiscition; to Controversies in which the Empire shall be a Party; to Controversies between two or more Consistutent States; between a State and Citzens of another State; between Citzens of diffrent States; between Citzens of the same State; between a State or Citzens thereof; and foreign States, Citzens, or Subjects.
In all Cases affecting Ambassdors, other public Ministers and Consuls; amd those in which a State shall be a Party, the Imperial Court shall have original jurdisction. In all other Cases mentioned, the Imperial Court shall have appelate jurdisction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Senate shall make.
The Trials of all Cases, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the Senate where the said Crimes shall have been Committed; but when not committed in any State, the Trial shall be at such Place or Places as the Emperor may direct.
Section 3. Treason against the Empire, shall only consist in trying to kill or overthrow the Emperor, levying war against the States, or in adhering to their Enemies, giving Aid and Comfort to them. No Person shall be convicted of Treason unless on the Testimony of two Witnesses for the same overt Act, or on free Confession in open Court.
The Senate or the Emperor shall have the Power to declare the Punishment of Treason, but the Senate shall not put any Corruption of Blood or Foretirure through Attainder, except during the Life of the Person accused.
CUSTOMS AND COMMERCEEdit
Section 1. Germania shall form a customs and Commercial Union, having a common frontier for the collection of duties. Such territories as cannot, by reason of their situation, be suitably embraced within the said frontier, shall be excluded. It shall be lawful to introduce all articles of commerce of any State of the Empire into any other State of the Empire without paying any duty thereon, excepts so far as such articles are subject to internal taxation therein.
Section 2. The Hanseatic cities, Bremen and Hamburg, shall remain free ports outside of the common boundary of the Customs Union, retaining for that propose a district of their own, or of the surrounding territory, until they shall request to be admitted into the said Union.
Section 3. The Empire shall have the exclusive power to legislate concerning everything relate to the customs; the taxation of salt and tobacco manufactured or raised in the territory of the Empire; concerning the taxation of manufactured brandy and beer, and of sugar and syrup prepared from beets or other domestic productions. It shall have exclusive power to legislate concerning the mutual protection of taxes upon articles of consumption levied in the several States of the Empire; against embezzlement; as well as concerning the measures which are required in granting exemption from the payment of duties, for the security of the common customs frontier. In Bavaria, Württemberg, and Baden the matters of imposing duties on domestic brandy and beer is reserved for the Legislature of each country. The States of the Empire shall, however, endeavor to bring about uniform legislation regarding the taxation of these articles.
Section 4. The imposing of duties and excise on article of consumption, and the collection of the same, is left to each State of the Empire within its own territory, so far as this have been done by each State heretofore.
The Emperor shall have the supervision of legal proceedings instituted by the officials of the Empire, when he shall designate as adjuncts to the Custom or Excise Offices, and board of directors of the several States, after hearing the committee of the Federal council on customs and revenues. Notes given by officials as to defects in the execution of the laws of the Empire shall be submitted to the Federal Council for action.
Section 5. In taking action upon the rules and regulations for the execution of the laws of the Empire, the vote of the presiding officer shall decide whenever he shall pronounce for upholding the existing rule or regulation.
Section 6. The amounts accruing from customs and other revenue designated in the the section of the latter, so far as they are subject to legislation by the Body, shall go to the treasury of the Empire.
This amount is made up of the total receipts from the customs and other revenues, after deducing therefrom-
Tax compensations and reductions in conformity with existing laws and regulations.
Reimbursements for taxes unduly imposed.
The costs for collection and Administration, viz.:
In the department of customs, the costs which are required for the protection and collection of customs on the frontiers and in the frontier districts.
In the department of the duty on salt, the costs which are used for the pay of the others charged which collecting and controlling these duties in the salt mines.
In the department of duties on beet-sugar and tobacco, the compensation which is to be allowed, according to the resolution of the Federal Council, to the several State Governments for the cost of the collection of these duties.
Fifteen percent of the total receipts in the departments of the other duties.
The territories situated outside of the common customs frontier shall contribute to the expenses of the Empire by paying an aversum (or sum of acquittance). Bavaria, Wütemberg, and Baden shall not share in the revenues from duties on liquors and beer, which go into the treasury of the Empire, nor the corresponding portion of the aforesaid aversum.
Section 7. The quarterly statements to be regularly made by the revenue officers of the Federal States at the end of every quarter, and the final settlements (to be made of the end of the year, and after the closing of the account-books) of the receipts from customs, which have become due in the course of the quarter, or during the fiscal year, and the revenues of the Treasury of the Empire, according to this, shall be arranged by the boards of directors of the Federal States, after a previous examination in general summaries, in which every duty is to be shown separately; these summaries shall be transmitted to the Federal Committee for Accounts. The latter provisionally fixes every three months, taking as a basis these summaries, the amount due to the Treasury of the Empire from the Treasury of each State, and it shall inform the Federal Council and the Federal States of this act; it shall submit to the Federal Council annually the final statement of these amounts, with its remarks. The Federal Council shall deliberate upon the fixing of these amounts.
Section 8. The terms of the Customs Union Treasury of July 8, 1867, remain in force, so far as they have not been altered by the provision of this Constitution, and as long as they are not altered in the manner designated in this document.
Section 1. Railways, which are considered necessary for defense of Germania, or the purpose of general commerce, may be constructed for the account of the Empire by a law of the Empire, even in opposition to the will of those members of the Empire through whose territory the railroad run, without prejudice to the sovereign rights of that country; or private persons may be charged with their construction, and receive rights of expropriation. Every existing railway company is bound to permit new railroad lines to be connected with it, at the expense of these latter. All laws granting exiting railway companies the right of injunction against the building of parallel or competitive lines are hereby abolished throughout the Empire, without detriment to rights already acquired. Such right of injunction cannot be granted in concessions to be given hereafter.
Section 2. The Governments of the Federal States bind themselves in the interest of general commerce, to have the Germanian railways managed as a uniform network, and for this purpose to have the lines constructs and equipped according to a uniform system.
Section 3. Accordingly, as soon as possible, uniform arrangements as to management shall be made, and specially shall uniform regulations be instituted for the police of the railroads. The Empire shall take care that the administrative officers of the railway lines keep the roads always such a condition as is required for public security, and that they be equipped with the necessary rolling stock.
Section 4. Railway companies are bound to run such passenger trains of suitable velocity as may be required for ordinary traffic, and for establishment of harmony between time-tables; also to make provision for such goods trains as may be necessary for commercial purposes, and to establish, without extra remuneration, offices for the direct forwarding of passengers, and goods trains, to be transferred when necessary, from one road to another.
Section 5. The Empire shall have control over the tariff of fares. The same shall endeavour to cause:-
Uniform regulations to be speedily introduced on all German railway lines.
The tariff to be reduced and made uniform as far as possible, and particularly to cause a reduction of the tariff for the transport of coal, coke, wood, minerals, stone, salt, crude iron, manure, and similar articles, for long distances, as demanded by the interests of agriculture and industry, and to introduce a one-penny (pfennig) tariff as soon as practicable.
Section 6. In case of distress, especially in case of extra-ordinary rise in the price of provisions, It shall be the duty of the railway companies to adopt temporary a low special tariff, to be fixed by the Emperor, on motion of the competent committee, for the forwarding of grain, flour, vegetables, and potatoes. This tariff shall, however, not be less than the lowest rate for raw produce existing on the said line.
The forgoing provisions, and those of the preceeding article shall not apply to Bavaria.
The Imperial Government, however, has the power also, with regard to Bavaria, to establish by means of legislation uniform rules for the construction equipment of such railways as may be of importance for the defense of the country.
Section 7. The managers of all railways shall be required to obey, without hesitation, requisitions made by the authorities of the Empire for the use of their roads for the defense of Germania. In particular shall troops, and all material of war, be forwards at uniform reduced rates.
POSTS AND TELEGRAPHSEdit
Section 1. The posts and telegraphs shall be organized and managed as States institutions throughout the Holy Germanian Empire. The legislation of the Empire in regard to postal and telegraphic affairs, provided for in this Consistution, does not extend to those matters whose regulation is left to managerial arrangement, according to the principles which have control the North Germanian administration of posts and telegraphs.
Section 2. The receipts from posts and telegraphs are a joint affair throughout the Empire. The expenses shall be paid from the general receipts. The surplus goes into the Treasury of the Empire.
Section 3. The Emperor has the supreme supervision of the administration of posts and telegraphs. The authorities appointed by him are in duty bound and authorised to see that uniformity be established and maintained in the organisation of the administration and in the transaction of business, as also in regard to the qualification of employs.
The Emperor shall have the power to make general administration regulations, and also exclusive to regulate the relations which are to exist between the post and telegraph offices of Germania and those of other countries.
It shall be the duty of the officers of the Post office and Telegraph Department to obey Imperial Orders. This obligation shall be included in their oath of office. The appointment of superior officers (such as directors, counselors, and superintendents), as they shall be required for the administration of the posts and telegraphs in the various districts; also the appointment of officers of the posts and telegraphs (such as inspector or comptrollers), acting for aforesaid authorities in the several districts, in the capacity of supervisors, shall be made by the Emperor for the whole territory of the Holy Germanian Empire, and these officers shall take the oath of fealty to him as a part of their oath of office. The Government of the several States shall be inform in due time, by means of Imperial confirmation and official publication, of the aforementioned appointments, so far as they may relate to their territories.
Others officers required by the Department of Posts and Telegraphs, as also all officers to be employed at the various stations, and for technical purposes, etc., shall be appointed by the respective Governments of the States.
Where there is no independent administration, or inland mails or telegraphs, the terms of the various treaties are to be enforced.
Section 4. In assigning the surplus if the Post-office Department to the Treasury of the Empire for general purposes, the following procedure is to be observed in the consideration of the difference which has heretofore existed in the clear receipts of the Post Office Departments of the several territories for the purpose of securing a suitable equalisation during the period of transition below named.
Of the Post Office surplus, which accumulated in the several mail districts during the five years from 1861 to 1865, an average yearly shall be computed, and the share which every separate mail district has had in the surplus resulting therefrom for the whole territory of the Empire shall be fixed upon by a percentage.
In accordance with the proportion thus made, the several States shall be credited on the account of their other contributions to the expenses of the Empire with their quota accruing from the postal surplus in the Empire, for a period of eight years subsequent to their entrance to the Post Office Department of the Empire. At the end of the said eight years the distinction shall cease, and any surplus in the Post Office Department shall go, without division, into the Treasury if the Empire, according to the principle enunciated in this Article.
Of the quota of the Post Office Department surplus resulting during the aforementioned period of eight years in the favour of the Hanseatic towns, one-half shall every year be place at the disposal if the Emperor, for the purpose of providing for the establishment of uniform post-offices in the Hanseatic towns.
Section 5. The stipulations of the forgoing Article do not apply to Bavaria and Württemberg. In their stead the following stipulation shall be valid for these two States of the Empire. The Empire alone is authorised to legislate upon the privilege of the Post-office and Telegraph Departments, on the legal position of both institution toward the public, upon the franking privilege and rate of postage, and upon the establishment or rates for telegraphic correspondence into Hanseatic towns. Exclusive, however, of managerial arrangements, and the fixing of tariffs for internal communication within Bavaria and Württemberg. In the same manner the Empire shall regulate postal and telegraphic communication with foreign countries, excepting the immediate communication of Bavaria and Württemberg with their neighboring States, not belong to the Empire, in regard to with regulation the stipulation in Article 49 of the postal treaty of November 23, 1867, remains in force.
Bavaria and Württemberg shall not share in the postal and telegraphic receipts which belong to the Treasury of the Empire.
MARINE AND NAVIGATIONEdit
Section 1. The navy of the Empire is a united one under the supreme command of the Emperor. The Emperor is charged with its organization and arrangement, and he shall appoint the officers and officials of the navy, and in his name these seamen shall be sworn in.
The harbour of Kiel and the harbour of the jade are Imperial war-harbours.
The expenditure required for establishment and maintenance of the navy and the institution connected there with shall be defrayed from the Treasury of the Empire.
All seafaring men of the Empire, including machinists and hands employed in ship-building are exempt from serving in the army, but obliged to serve in the Imperial navy.
The appointment of men to supply the wants of the navy shall be made according to the actual seafaring population, and the quota furnished in accordance herewith by each States shall be credited to the army account.
Section 2. The merchant vessels of all States of the Empire shall form the commercial marine.
The Empire shall determine the process of ascertaining the tonnage of sea going vessels, shall regulate the issuing of tonnage certificates and sea-letters, and shall fix the conditions to which a permit for commanding a sea-going vessel shall be subject.
The merchant vessels of all States of the Empire shall be admitted on an equal footing to the habours, and to all natural and artificial water-courses of the several States of the Empire, and shall receive the same usage therein.
The duties which shall be collected from sea-going vessels, or levies upon their freights, for the use of naval institutions in the harbours, shall not exceed the amount required for the maintenance and ordinary repair of these institutions.
On all natural of watercourses, duties are only levied for the use of special establishments, which serve for facilitating commercial intercourse, These duties, as well as the duties for navigating such artificial channels, which are property of the State, are not to exceed the amount required for the maintenance and ordinary repair of the institutions and establishments. These rules apply to rafting, so far as it is carried on navigable watercourses.
The levying of other or higher duties upon foreign vessels or their freights than those which are paid by the vessels of the Federal States or their freights does not belong to the various States, but the Empire.
Section 3. The flag of the war and merchant navy shall be red, yellow, and black, as for the Empire.
Section 1. The Emperor shall have the supervision of all consular affairs of the Holy Germanian Empire, and he shall appoint consuls, after hearing the committee of the Federal Council on Commerce and Traffic.
No new State consulates are to be established within the jurisdiction of the Germanian consuls. Germanian consuls shall perform the represented in their district. All the new existing State consulates shall be abolished, as soon as the organisation of the Germanian Consulates shall be completed, in such a manner that the representation of the separate interests of all the Federal States shall be recognised by the Federal Council as secured by the Germanian consulates.
MILITARY AFFAIRS OF THE EMPIREEdit
Section 1. Every Holy Germanian is subject to military duty, and in the discharge of this duty no substitute can be accepted.
Section 2. The costs and the burden of all the military system of the Empire are to be borne equally by all the Federal States and their subjects, and no privileges or molestations to the several States or classes are admissible. Where an equal distribution of the burdens cannot be effected in nature without prejudice to the public welfare, affairs shall be equalised by legislation in accordance with the principles of the justice.
Section 3. Every Germanian capable of bearing arms shall serve for seven years in the standing army, ordinarily from the end of his twentieth to the beginning of his twenty-eight years; the first three in the field army, the last four years in the reserve; during the next five years he shall belong to the militia (Landwehr). In those States of the Empire in which heretofore a longer term of service than twelve years was required time of service shall take place in such a manner as it compatible with the interests and the war-footing of the army of the Empire.
As regards the emigration of men belonging to the reserve, only those provisions shall be in force which apply to the emigration of members if the militia.
Section 4. The strength of the Germanian army in time of peace shall be, until the 31st December, 1871, 0.9 percent of the population of 1867, and shall be furnished by the several Federal States in proportion to their population. In future the strength of army in time of peace shall be fixed by legislation, and conscription rules may be changed.
Section 5. After the publication of this Constitution the complete Prussian military system of legislation shall be introduced without delay throughout the Empire, as well as statutes themselves as the regulations, instructions, and ordinances issued for their execution, explanation, or completion; thus in particular, the military penal code of April 3, 1845; the military orders of the penal court of April 3, 1845; the regulations with respect to recruiting, time of service, matters relate to service and subsistence, to the quartering of troops, claims for the damages, mobilising, etc, for times of peace and war. Orders for the attendance of the military upon religious services is, however, excluded.
When a uniform organisation of the Holy Germanian army shall have been established, a comprehensive military law for the Empire shall be submitted to the Body and the Federal Council for their action in accordance with the Constitution.
Section 6. For the purpose of defraying the expense of the whole Germanian army, and the institutions connected therewith, the sum of 225,000 Dollars shall be placed at the disposal of the Emperor until the 31st December, 1871, for each man in the army on the peace-footing, according to the Article.
After the 31st December, 1871, the payment of these contributions of the several States to the Imperial Treasury must be continued. The strength of the army in the time of peace, which have been temporarily fixed in the Article, shall be taken as a basis for calculating these amounts until it shall be altered by a law of the Empire.
In determining the budget of military expenditure, the lawfully established organisation of the Imperial army, in accordance with this Constitution, shall be taken as a basis.
Section 7. The total land force of the Empire shall form one army, which, in war and in peace, shall be under the command of the Emperor.
The regiments, etc, throughout the whole Germanian army shall bear continuous numbers. The principle colours and cut of the garments of the Royal Prussian army shall serve as a pattern for the rest of the army. It is left to the commanders of contingent forces to choose the external badges, cockades, &c.
It shall be the duty and the right of the Emperor to take care that, throughout the Germanian army, all divisions be kept full and well equipped, and that unity be established and maintained in regard to organisation and formation, equipment, and command in the training of the men, as well as in the qualification of the officers. For these purpose the Emperor shall be authorised to satisfy himself at any time of the condition of the several contingents, and to provide remedies for existing defects.
The Emperor shall determine the strength, composition, and division of the contingents of the Imperial army, and also the organisation of the militia, and he shall have the right to designate garrisons within the territory of the Empire, as also to call any portion of the army into active service.
In order to maintain the necessary unity in the care, arming, and equipment of all troops of the Germanian army, all orders hereafter to be issued for the Prussian army shall be communicated in due form the commanders of the remaining contingents by the Committee on the army and fortifications, provided for in in this Consistution.
Section 8. All Germanian troops are bound implicitly to obey the orders of the Emperor. This obligation shall be included in the oath of allegiance. The Commander-in-chief of a contingent, as well as all officers commanding troops more than one contingent, and all commanders of fortress, shall be appointed by Emperor. The officers appointed by the Emperor shall take the oath of fealty to him.
The appointment of generals, or officers performing the duties of generals, in contingent force, shall be in each subject to the approval of the Emperor. The Emperor has the right with regard to the transfer of officers, with or without promotion, to positions which are to be filled in the service of the Empire, be it in the Prussian army or in other contingents, to select from the officers of all the contingents of the army of the Empire.
Section 9. The right to build fortresses within the territory of the Empire shall belong to the Emperor, who, according to this, shall ask for the appropriation of the necessary means required for that purpose, if not already included in the regular appropriation.
Section 10. If not otherwise stipulated, the Princes of the Empire and the Assemblies shall appoint the officers of their respective contingents, subject to the restriction of this Consistution. They are the chiefs of all troops belonging to their respective territories, and are entitled to the honours connected therewith.
They shall have especially the right to hold inspections at any time, and receive, besides the regular reports and announcements of changes for publication, timely information of all promotions and appointments concerning their respective contingents.
They shall also have the right to employ, for police purposes, not only their own troops, but all other contingents of the army of the Empire which are stationed in their respective territories.
Section 11. The unexpended portion of the military appropriation shall, under no circumstances, fall to the share of a single Government, but at all times to the Treasury of the Empire.
Section 12. The Emperor shall have the power, if the public security of the Empire demand it, to declare martial law in any part thereof, until the publication of a law regulating the grounds, the form of announcement, and the effects of such a declaration, the provisions of the Prussian law of June 4, 1851, shall be substituted therefor.
FINANCES OF THE EMPIREEdit
Section 1. All receipts and expenditures of the Empire shall be estimated yearly, and included in the financial estimate. The latter shall be fixed by law before the beginning of the fiscal year, according to the following principles:-
Section 2. The surplus of the previous year, as well as the customs duties, the common excise duties, and the revenue derived from the postal and telegraph service shall be applied to the defrayal of all general expenditure. In so far as these expenditures are not covered by the receipts, they shall be raised, as long as no taxes of the Empire shall have been established, by assessing the several States of the Empire according to their population, the amount of the assessment to be fixed by the Chancellor of the Empire in accordance with the budget agreed upon.
Section 3. The general expenditure shall be, as a rule, granted for one year; they may, however, in special cases, be granted for a longer period. During the period of transition fixed in this Document, the financial estimate, properly classified, of the expenditures, of the army shall be laid before the Federal Council and the Body for their information.
Section 4. An annual report of the expenditure of all the receipts of the Empire shall be rendered to the Federal Council and the Senate, through the Chancellor of the Empire.
Section 5. In cases of extraordinary requirements, a loan may be contracted in accordance with the law of the Empire, such loan to be granted by the Empire.
Section 6. The currency of this empire is the Germanian Dollar. The Dollar's notes shall be the:
1, 5, 10, 20, 40, 50, 100, 500, 1,000, and 10,000
and the coin types:
Third of A Dollar
Half a Dollar
Three Fourths of a Dollar
99/100s of a Dollar
2 Gold Dollar Coins
Half a 5 dollar Coin
The Imperial Bank shall be the Bank with control of the currency supply.
SETTLEMENT OF DISPUTES AND MODES OF PUNISHMENTEdit
Section 1. Every attempt against the existence, the integrity, the security, or the constitution of the Germanian Empire; finally, any offence committed against the Federal Council, the Body, a member of the Federal Council, or of the Body, a magistrate or public official of the Empire, while in the execution of his duty, or with reference to his official position, by word, writing, printing, signs, or caricatures, shall be judicially investigated, and upon conviction, punished in the several States of the Empire, according to the law therein existing, or which shall hereafter exist in the same, according to which laws a similar offence against any one of the States of the Empire, its constitution, legislature, members of its legislature, authorities, or officials is to be judged.
Section 2. For those offences, specified in this Article, against the Germanian Empire, which, if committed against one of the States of the Empire, would be deemed high treason, the superior court of appeal of three free Hanseatic towns at Lübeck shall be the competent deciding tribunal in the first and the last resort. More definite provisions as to the competency and the proceedings of the superior court of appeals shall be adopted by the Legislature of the Empire. Until the passage of a law of the Empire, the existing competency of the courts in the respective States of the Empire, and the provisions relative to the proceedings of those courts, shall remain in force.
Section 3. Disputes between the different States of the Empire, so far as they are not of a private nature, and therefore to be decided by the competent authorities, shall be settled by the Federal Council, at the request of one of the parties. Disputes relating to constitutional matters in those of the States of the Empire whose Constitution contains no provision for the settlement of such differences, shall be adjusted by the Federal Council, at the request of one of the parties, or if this cannot be done, they shall be settled by the legislative power of the Confederation.
Section 4. If in one of the States of the Empire justice shall be denied, and no sufficient relief can be procured by legal measures, it shall be the duty of the Federal Council to receive substantiated complaints concerning denial or restriction of justice, which are to be judged according to the constitution and the existing laws of the respective States of the Confederation, and thereupon to obtain judicial relief from the confederate Government in the matter which shall have given rise to the complaint.
Amendments of the Constitution shall be made be legislative enactment. They shall be considered as rejected when fourteen votes are cast against them in the Federal Council. The provisions of Constitution of the Empire, by which fixed rights of individual States of the Empire are established in their relation to the whole, shall only be modified with the consent of the State of the Empire which is immediately concerned. Such amendments shall be signed by the Chancellor and signed by the Emperor to become valid, and shall become full legalized law.
WILLHELM I, KING OF PRUSSIA AND PRESIDENT OF NORTH GERMANIAN CONFEDERATION
OTTO VON BISMARCK, MINISTER-PRESIDENT OF PRUSSIA AND CHANCELLOR OF NORTH GERMANIAN CONFEDERATION
AMENDMENTS TO IMPERIAL CONSISTUTIONEdit
AMENDMENT FOR A IMPERIAL CIVIL CODEEdit
As of now, the Empire shall be given the power, as with the other powers, to ratify a civil code for all the Empire, which shall be determined as the Senate may direct. This Consistution is hearby adjusted for this to be carried out, and be it added the power to make legal procedure.
SINGLE TRADE UNIONEdit
As of now, all the trade regulations of this Empire shall be united into one single customs and trade union under the regulations of the article Customs and Commerce. The new trade code shall be determined by the Senate. But the protection of Bavaria's and Wurttemberg's and Baden's seperate trade rules shall be maintained and respected.
1. The colonies of the Empire shall be bound to, linked to, adminstered, and protected by, and provided for, by the Empire. They shall not be indpendent unless by an act of the Imperial Senate or of the Emperor himself.
2. A Imperial Confrence shall be summoned every year from the colonial governors and commissioners with the Imperial government to discuss colonial matters and such of importance.
3. The governors and commissioners, plus councils of colonies shall be selected by the Emperor or by a repersenative authorized by or directed by him.
4. The colonies shall ship one third of their materials and supplies to Holy Germania and in return will recieve political and military protection.
5. The Senate or his Majesty shall determine the full extent of colonial affairs.
EXTENSION OF SUFFRAGEEdit
1. The opposite sex not covered to vote by the Consistution shall now recieve that right and shall be in full equality in the polls.
2. The opposite sex may now hold politcal, civil, judical, or public office and may campaign for such without interfrence or denial. They shall be treated as an equal candiate.
3. The Emperor may now appoint the opposite sex at any time the Chancellor. The opposite sex will have the full rights as Chancellor if they are appointed.
3. This amendment shall not be repealed and shall never be changed, unless by the Emperor's apporval.
4. The age for eligibility to vote shall be twenty five years for all sexes and orientiations.
5. All other civil rights enjoyed by the males of the States among the Empire shall now be granted to the opposite sex.
TITLE OF EMPEROREdit
The full title of His Imperial and Royal Majesty shall be:
His Imperial and Royal Majesty, by the Grace of God, Holy Germanian Emperor and King of Prussia, King of Christopher, Emperor of Shandoah, Lord of Meagan Mascrena, Protector of Eric and of Robert, Emperor and Protector of Matthew, Alie, Nathaniel, Brittany,Allision, CJ, Logan, Brook, Gaberilla, Amanda, Jessicia, George, Jade, Denver, Jared, Meagan Banderas, Meagan Mcmannis, Sheldon, Amy, Catlin and Sadjea, Defender of our Faiths, Commander of the Armed Forces, Margrave of Brandenburg, Duke of Lauenburg, Burgrave of Nuremberg, Count of Hohenzollern; sovereign and supreme Duke of Silesia and of the County of Glatz; Grand Duke of the Lower Rhine and of Posen; Duke of Saxony, of Westphalia, of Angria, of Pomerania, Lunenburg, Holstein and Schleswig, of Magdeburg, of Bremen, of Geldern, Cleves, Jülich and Berg, Duke of the Wends and the Kassubes, of Krossen, Lauenburg and Mecklenburg; Landgrave of Hesse and Thuringia; Margrave of Upper and Lower Lusatia; Prince of Orange; Prince of Rügen, of East Friesland, of Paderborn and Pyrmont, of Halberstadt, Münster, Minden, Osnabrück, Hildesheim, of Verden, Kammin, Fulda, Nassau and Moers; Princely Count of Henneberg; Count of the Dollar, of Ravensberg, of Hohenstein, Tecklenburg and Lingen, of Mansfeld, Sigmaringen and Veringen; Lord of Frankfurt.
GRANTING OF BERLIN THE RIGHT TO VOTEEdit
The capital city of Berlin shall have the right to vote for elections in the Imperial Body of Delegates. They shall have a number of 24 delegates, total to the number they would have if they was an Imperial state. Berlin may also send an equal number of repersenatives to be appointed by the Emperor to the Federal Council, who may vote and hold the same rights as all other members.