104 



AUSTRIA. 



September 20, suspending the validity of the 

 fundamental laws proclaimed by the Patent of 

 Feb. 26, 1861. The Emperor guarantees again 

 to the empire a constitutional form of govern- 

 ment, whose strength and significance, he 

 asserts, should be in the free participation of 

 nil the different peoples embraced within the 

 limits of the empire. He declares his wish to 

 come to an understanding with the different 

 diets, provided the terms be not incompatible 

 with the general integrity of the empire. The 

 rescript, which marks an important era in the 

 political history of Austria, is as follows : 



RESCRIPT OP THE EMPEROR OF AUSTRIA. 



To MY PEOPLE : To maintain the power of the mon- 

 archy by a participation of all in the management of 

 the highest questions of the State ; to ensure the 

 unity of the realm by respecting the manifoldness of 

 its component parts, and the historical development 

 of their several laws and rights, this was the leading 

 idea expressed in my diploma of October 20, I860, 

 and which, in the welfare of my faithful subjects, will 

 still continue to be my guide. In that diploma, the 

 right of the different people to have a share and vote 

 in the legislature and in the administration of the 

 finances, sure pledges for furthering the interests 

 both of the subject and of the different lands, was 

 solemnly guaranteed and established irrevocably. 

 The fundamental law for the legal representation of 

 the empire, which was promulgated in my patent of 

 February 26, 1861, laid down the form according to 

 which this right was to be exercised, and in the 6th 

 article of the said patent I announced that the pre- 

 existing fundamental laws, as well as those then re- 

 vised and those which I now publish, were, all taken 

 together, and in their embodiment to be considered 

 as forming the constitution of my empire. To vivify 

 this dead form, to shape harmoniously the constitu- 

 tional structure in in all its parts, was the task com- 

 mitted to the combined free action of all my people. 

 I cannot but remember with warm acknowledgment 

 the readiness with which, during a series of years, a 

 large portion of the realm, following my behest, sent 

 its deputed representatives to the capital of the em- 

 pire, there to debate on and solve some important 

 questions about the laws, the State, and its economy. 

 Yet my intention, to which I still unchangeablv keep, 

 the intention of offering to the interests of the age 

 the sure guaranty afforded by a constitutional form 

 of government, whose strength and whose significa- 

 tion should lie in the free participation of all the 

 different people in the work, has remained till now 

 unfulfilled. A large portion of the empire, warm and 

 patriotic as were the hearts that beat there, persisted 

 in holding aloof from the common legislative action, 

 endeavoring to confirm scruples about legality by 

 acting separately, and thus finding differences of 

 meaning in those fundamental laws which were in- 

 tended in their collective form only to make up the 

 sum of the constitution of the realm. 



My duty as regent forbids me any longer to ignore 

 a fact which hinders the realization of my intention, 

 that of aiming to develop a free constitutional life, 

 and which menaces also the rights of all the nations 

 in their very foundations : but also for those lands 

 which do not belong to the Hungarian crown, it is 

 in the ground which at article & of the patent of Feb- 

 ruary is designated as the constitution of the realm 

 that the legislative rights common to all are vested, 

 and there only. As long as the first condition for a 

 vital embodiment of the fundamental laws, as well as 

 a clearly discernible harmony of its parts is wanting, 

 the great work contemplated, which would assuredly 

 bring so many blessings, cannot become reality, the 

 task, namely, of giving to the empire a durable con- 

 stitutional form. 



In order now to redeem my imperial word, in 



order not to sacrifice the essence to the mere form, I 

 have resolved to aim at coming to an understanding 

 with the lawful representatives of my people in the 

 eastern part of my empire, and to lay before the Hun- 

 garian and the Croatian Diet, for their acceptance, 

 the diploma of October 20, 1860, and the fundamental 

 laws relating to the representation of the empire, 

 which were made known when the patent of February 

 26, 1861, was published. Considering, however, that 

 it is judicially impossible to have one and the same 

 definition a subject of debate in one part of the em- 

 pire, while in other parts it is treated as an imperial 

 la\v, binding for all, I find myself obliged to set aside 

 the opinion of the law relating to the representation 

 of the empire at the same time positively declaring 

 that, should the decisions of the representatives of 

 these eastern kingdoms contain a modification of the 

 aforesaid laws compatible with the continuance of the 

 empire in its integrity and power, I reserve to myself 

 the right, before pronouncing a resolution myself, to 

 lay it before the legal representatives of the other 

 kingdoms and countries, in order to learn and to 

 appreciate their equally important decision. I can 

 only regret that this unavoidable step brings with it 

 a cessation of the constitutional labors of the lesser 

 Reichsrath. However, the organic connection of all 

 the principles of the law determining^ the united ac- 

 tion of the Reichsrath, and the necessity for its being 

 observed similarly by all, makes a disjointing of the 

 law, and any thing like a mere partial maintenance 

 of its efficiency quite impossible. 



As long as the representative assembly of the em- 

 pire has not met, it will be the business of my Gpv- 

 vernment to take measures for those matters which 

 cannot be deferred, and among those especially such 

 are to be counted those which regard the financial 

 and economic interests of the realm. Free and open, 

 the path will, with a due observance of legitimate 

 right, lead to mutual understanding, and what I con- 

 fidently hope to find, a conciliatory spirit, too ; one 

 ready to make sacrifices, as soon as mature compre- 

 hension guides the judgment of my faithful people, to 

 whom these imperial words are confidentlv addressed. 

 FRANCIS "JOSEPH. 



VIENNA, September 20, 1865. 



The rescript was viewed in the- German prov- 

 inces as a violation of the Constitution of the 

 empire, and therefore received with loud dis- 

 approval. Most of the other provinces, on the 

 other hand, were jubilant. They regarded 

 it as the beginning of a federative, instead of 

 a centralizing policy. When the Provincial 

 Diets met on November 23, it gave rise to 

 animated debates. All the Diets of the Ger- 

 man provinces adopted an address to the Em- 

 peror, requesting the reestablishment of the 

 February Constitution. The Diets of Moravia, 

 Bohemia, and other predominantly slavic prov- 

 inces, voted an address of thanks to the Em- 

 peror for the rescript. The Emperor, on the 

 presentation of-one of the addresses in opposi- 

 tion, assured the deputation that he would make 

 no further concessions to Hungary than were 

 compatible with the interests of the whole 

 monarchy. To the deputation of the Bohe- 

 mians, he spoke of his coronation as King of 

 Bohemia as an approaching event. The Diet 

 of Croatia, though slavic, voted against sending 

 an address of thanks. 



The relations of the Austrian Empire to Hun- 

 gary and the provinces dependent upon the Hun- 

 garian Crown, underwent, in the course of the 

 year, important changes, for which see HUN GABY. 



