390 



HUNGARY. 



regard as in principle removed the obstacles with re- 

 spect to those guaranties for the general State con- 

 nection we are obliged, as the immediate conse- 

 quence of the Pragmatic Sanction, to guard from 

 every danger. We shall thus upon our part be able 

 to contribute toward the fulfilment of the wishes 

 conspicuously put forward in the addresses cf the 

 estates and representatives, and by the appointment 

 of a responsible ministry, as well as the restoration 

 of the municipal self-administration, to do justice to 

 the constitutional demands of the people of our be- 

 loved kingdom of Hungary. While we are resolved 

 to introduce the responsible system of government 

 not only into Hungary, but generally, we reserve to 

 ouselves to carry out the detailed application and re- 

 alization of the principles referring to common aftkirs, 

 together with the modification of those stipulations 

 of the laws of 1848, respecting which we expressed 

 our hesitation in our royal rescript of the 3d March 

 last, through the responsible ministers to be ap- 

 pointed by us, and in agreement with the estates 

 and representatives in Diet assembled. We enter- 

 tain the hope that the estates and representatives of 

 our beloved Kingdom of Hungary will receive the 

 candid statement of these our paternal intentions 

 with unprejudiced feelings, and will make the points 

 of view dwelt upon by us the subject of earnest de- 

 liberation, suitable at the same time to the require- 

 ments of the day, thereby upon their part accelera- 

 ting the fulfilment of our most earnest wish, viz., 

 the secure introduction of constitutional organization 

 >nto our collective realm. The country now stands 

 upon the threshold of the fulfilment of its wishes. 

 The sentiments which induced us to place in its 

 hands the decision as to its own future, to be arrived 

 at by a correct recognition of its interests are not 

 changed. We assuredly believe that the conscien- 

 tious cooperation of the good-will of both parties 

 \vill succeed in imparting to that future a basis cal- 

 culated to harmonize the venerable traditions of the 

 past with the demands of the present, and thereby 

 permanently to secure their renewed prosperity. 



Given at our capital city of Vienna, this 17th No- 

 roraber, 1866. FRANCIS JOSEPH. 



GEORGE VON MAJLATH. 



J OH ANN VON BARTOS. 



The rescript was not regarded by the Diet aa 

 satisfactory. Dcak and his party refused to 

 alter the platform, unless a cabinet were ap- 

 pointed to conduct the public business ; but 

 they were willing to consider the platform of 

 the fifteen in the committee of the sixty-seven. 

 Tis^a and Ghiczy, the leaders of the radical 

 party, on the other hand, wanted to break 

 up the negotiations, and to declare that un- 

 less the ministry were nominated, Parliament 

 should suspend any further proceedings, and 

 not transact any business. After an ani- 

 mated five days' debate, the ballot decided for 

 Deak and his followers ; they had 226 votes 

 against 107 of the Opposition, thus establishing 

 the fact that the cabinet could reckon upon a ma- 

 jority of two-thirds. Upon this, an address was 

 drawn up by Deak, moderate and statesman- 

 like in its form, but sufficiently stern in sub- 

 stance, and being, in fact, the ultimatum of the 

 Hungarians. It strongly insists upon the con- 

 tinuity of the rights of the country, and reit- 

 arates all the demands of the former two ad- 

 dresses. The test of the address is as follows : 



Your Imperial and Royal Majesty: When, at the 

 opening of the present Diet, your majesty solemnly 

 expressed from the throne your zealous wish that we 

 might succeed in happily completing the great work 



of agreement, wt the representatives of the nation, 

 securely hoped tb_t we should be able in a short time 

 to obtain the satisfactory, permanent, and lasting 

 solution of the existing weighty difficulties. We 

 hoped this, because your majesty, in the speech from 

 the throne, had definitively chosen the Pragmat- 

 ic Sanction as the starting-point and legal basis 

 recognized by both parties. We were convinced 

 that as soon as your majesty desired a perma- 

 nent and lasting agreement, the legal basis with- 

 out which every agreement in a constitutional way is 

 impossible, which your majesty had yourself recog- 

 nized and selected as a starting-point, would be im- 

 mediately and first of all completely restored. But, 

 alas 1 this hope has not been fulfilled to this present 

 hour. The Pragmatic Sanction, of which the portion 

 guaranteeing the rights and the constitution was 

 suspended by a one-sided decree, is still, de facto, 

 suspended ; our constitution is not yet restored, and 

 the condition of continuity of right we have re- 

 peatedly requested and urged is not yet fulfilled. 

 Upon what foundation are we, therefore, to build up 

 the work of agreement if the only secure basis is still 

 out of existence ? In what way are we to strive for the 

 desired object if that only way which we as repre- 

 sentatives of the nation are at liberty to pursue the 

 path of constitutionalism is still closed against us? 

 In our addresses respectfully submitted to your ma- 

 jesty by this Diet we have developed all those im- 

 portant reasons by virtue of which we have right- 

 fully urged the immediate restoration of our consti- 

 tution. We have stated the necessity of upholding 

 inviolate, and practically carrying on the constituted 

 laws so long as they are not suspended in the way 

 prescribed by law. This is a vital condition of the 

 existence of the state, without which neither the 

 whole nor details in the law are able to find secure 

 support. The recognition of the laws, and the de- 

 nial of their practical execution, cannot legally sub- 

 sist side by side. We see with apprehension that the 

 reasons we have brought forward, and our repeated 

 requests, have hitherto been unable to determine your 

 majesty to fulfil that justifiable wish of the nation, 

 the refusal of which is at the same time a refusal of 

 the rights guaranteed by the Pragmatic Sanction. 

 The gracious rescript which your majesty recently 

 deigned to forward to us, in reply to our second ad- 

 dress, is, even in the promises and recognition it 

 contains, not able to calm our apprehensions, for we 

 asked the immediate restoration of our constitution, 

 and for full continuity of right, and this request the 

 royal rescript docs not fulfil. That which is not de- 

 finitively refused therein is made dependent upon 

 time and conditions, but to postpone or couple with 

 conditions to be subsequently fulfilled the main- 

 tenance and execution of rightfully existing laws is 

 not only opposed to our constitution, but in contra- 

 distinction generally to the first principles of legality 

 and constitutionalism. We ask with respectful 

 homage that your majesty will not render the great 

 work of satisfactory agreement impossible by the 

 postponement of the restoration of our constitution 

 and the establishment of continuity of right. So long 

 as we stand outside the constitution we cannot ex- 

 ercise the constitutional right of legislation. Abso- 

 lute power upon the one side, and a nation deprived 

 of its constitutional freedom upon the other, will 

 never arrive at a satisfactory, lasting, and permanent 

 agreement. The constitution confers the right upon 

 us, the representatives of the nation, to make an 

 agreement in the interest of the throne and the coun- 

 try with the sovereign i. e., with the other portion 

 of the legislative power and without a constitution 

 the exercise of this right rests upon no secure foun- 

 dation. There are situations in the life of states that 

 cannot long be endured without danger. There arc 

 situations which, even without fresh confnsion, poi- 

 son the strength of the state, consume and make it 

 incapable of withstanding strong convulsions, or of 

 long keeping its position after such convulsions hara 



