James Wycliffe Headlam

“ We must notice, however, that Bismarck had always intended that voting should be open; the Parliament in revising the Constitution introduced the ballot. He gave his consent with much reluctance; voting seemed to him to be a public duty, and to perform it in secret was to undermine the roots of political life. He was a man who was constitutionally unable to understand fear.
We have then the Council and the Parliament, and we must now enquire as to their duties. In nearly every modern State the popular representative assembly holds the real power ”

“ In every modern State there is a Council formed of the heads of different administrative departments; this was so universal that it was supposed to be essential to a constitution. In the German Empire we search for it in vain; there is only one responsible Minister, and he is the Chancellor, the representative of Prussia and Chairman of the Council. ”

“ Bismarck never ceased to maintain the importance of the Federal Council; he always looked on it as the key to the whole new Constitution. Shortly after the war with France, when the Liberals made an attempt to overthrow its authority, he warned them not to do so.
"I believe," he said, "that the Federal Council has a great future. Great as Prussia is, we have been able to learn much from the small, even from the smallest member of it; they on their side have learnt much from us. ”

“ Generally the Lower House is the predominant partner; it governs; the House can only amend, criticise, moderate. Bismarck completely reversed the situation: the true government, the full authority in the State was given to the Council; the Parliament had to content itself with a limited opportunity for criticism, with the power to amend or veto Bills, and to refuse its assent to new taxes. In England the government rests in the House of Commons; in Germany it is in the Federal Council, and for the same reason,—that the Council has both executive and legislative power. ”

“ Many men would have swept away everything which existed, made a clear field, and begun to build up a new State from the foundations. Bismarck was much too wise to attempt this, for he knew that the foundations of political life cannot be securely laid by one man or in one generation. ”

“ By a treaty of August 18, 1866, all the North German States which had survived entered into a treaty with one another and with Prussia; they mutually guaranteed each other's possessions, engaged to place their forces under the command of the King of Prussia, and promised to enter into a new federation; for this purpose they were to send envoys to Berlin who should agree on a Constitution, and they were to allow elections to take place by universal suffrage for a North German Parliament before which was to be laid the draft Constitution agreed upon by the envoys of the States. ”

“ It was not likely Bismarck would do this. The ordinary device is to separate the legislative and executive power; to set up two rival and equal authorities which may check and neutralise each other. Bismarck, deserting all the principles of the books, united all the powers of government in the Council. The whole administration was subjected to it; all laws were introduced in it. The debates were secret; it was an assembly of the ablest statesmen in Germany; the decisions at which it arrived were laid in their complete form before the Reichstag. ”

“ Of course Bismarck did not attempt to evade the full moral responsibility for the policy which he advocated, but he knew that so long as he had the confidence of the King of Prussia and the majority of the Allied States, all the power of Parliament could not injure him. ”

“ In a modern European State, when all men can read and write, and all men must serve in the army, there is no means of limiting the franchise in a way which will command universal consent. In Germany there was not any old historical practice to which men could appeal or which could naturally be applied to the new Parliament ”

“ Anyone who has ever been a Minister and at the head of a Ministry, and has been obliged to take resolutions upon his own responsibility, ceases at last to fear this responsibility, but he does shrink from the necessity of convincing seven people that that which he wishes is really right. ”

“ More insidious and dangerous was the criticism of those men who, while they professed to desire the ends which Bismarck had attained, refused to approve of the Constitution because they would have to renounce some of the principles of the parties to which they belonged. ”

“ We find in the new State old and new mixed together in an inseparable union, and we find a complete indifference to theory or symmetry; each point is decided purely by reference to the political situation at the moment. ”

“ As before, there was only one department of State where his authority ceased,—the army.
It will be easily understood that this Constitution, when it was laid before the assembly, was not accepted without much discussion and many objections. There were some—the representatives of conquered districts, Poles, Hanoverians, and the deputies from Schleswig-Holstein—who wished to overthrow the new Federation which was built up on the destruction of the States to which they had belonged. Theirs was an enmity which was open, honourable, and easy to meet. ”

“ Constitutions have generally been made by men whose chief object was to weaken the power of the Government, who believed that those rulers do least harm who have least power, with whom suspicion is the first of political virtues, and who would condemn to permanent inefficiency the institutions they have invented. ”

“ Side by side with the Council we have the Reichstag; this was, in accordance with the proposal made in the spring of 1866, to be elected by universal suffrage. And now we see that this proposal, which a few months ago had appeared merely as a despairing bid for popularity by a statesman who had sacrificed every other means of securing his policy, had become a device convincing in its simplicity ”