CONSTITUTION. 



tlou was entirely abolished. This constitution was in force 

 until July 23, 1814, on which day Ferdinxnd IV., who had once 

 more taken the reins of government, overthrew the forms pre- 

 scribed by Britain, together with the parliament of Sicily, 

 which had hitherto existed. But when, after the downfall of 

 Murat, he received Naples back, in IS15, from the congress of 

 Vienna, he convoked the two houses of the Sicilian parliament, 

 aud communicated to them the draught of a new constitution 

 tor Sicily, of May 16, 1815, which had much similarity to the 

 charter granted by Louis XVIII. to the French, in 1S14. This 

 constitution also, never went into operation ; but when Fer- 

 dinand IV., Dec. 8, 1816, made Naples and Sicily one kingdom, 

 and assumed the title of Ferdinand I,, king of the Two Sicilies, 

 he promulgated for the whole monarchy the constituent law of 

 Dec. 12, 1816, which confirmed the abolition of feudalism, but 

 did not re-establish a national representation. 



Germany. The constitution of the former German empire 

 was founded entirely on the principles of the feudal system, 

 and the old corporations. It had become a mere mockery, and 

 even worse than useless. The eagle of the empire was often 

 compared to an old, worm-eaten, stuffed bird, which must not 

 be touched, for fear of its falling to pieces. Napoleon abolished 

 the empire, and established the confederation of the Rhine, 

 July 12, 1806. But the deputies to be sent by the members of 

 the confederation never actually assembled. The constitution 

 of this confederacy did not guarantee a national representation 

 in the different countries belonging to it June 8, 1815, the 

 German confederation (see Confederation) was established. 

 The 13th article runs thus : " In each of the confederated 

 states, a constitution, founded on the estates, shall be intro- 

 duced " (In alien Bundesstaaten wird eine landesstaendische 

 Verfassung Statt finderi}. The explanation of this article 

 caused much dispute, but, at last, the old estates aud the mo- 

 narchical basis were considered as the essential parts of all the 

 new constitutions. In consequence of the confederation of the 

 Rhine, and of the German confederacy, several constitutions 

 were formed between 1806 and 1815, in Germany, some of 

 which inclined more to the representative system; others, 

 more to the old system of feudal estates and corporations. 



The kingdom of Westphalia, which lasted from 1807 to 1814, 

 received a constitution modelled after the French representa- 

 tive system. This served as a model for the constitutions of 

 several other states belonging to the confederation of the Rhine. 

 It was given by Napoleon, Nov. 15, 1807, audits deficiencies 

 supplied by the statute of Dec. 23, 1808. It expired with the 

 kingdom. The grand-duchy of Frankfort had a similar consti- 

 tution, from Aug. 16, 1810, to 1813, which met with a like fate. 

 In the kingdom of Bavaria, which belonged also to the confe- 

 deration of the Rhine, a national representation was establish, 

 ed in May, 1808, by a formal constitution and six constituent 

 edicts ; but, by the decree of Dec. 2, 1811, the owners of major- 

 ales (entailed estates), and the possessors of noble fiefs were de- 

 clared representatives of the Bavarian nation by right of birth. 

 At last, the king, Maximilian, granted the constitution of May 

 26, 1S18, accompanied by ten edicts. May 17, 1818, a regulation 

 fur the communities had been already promulgated. The con- 

 stitution establishes two houses one of peers, the other of 

 commons the former to hold their places by right of birth, or 

 by appointment of the king, the latter by election. 1 his elec- 

 tion, however, is not made by the people collectively, but by 

 the different estates nobility, clergy and scholars, citizens and 

 peasants. This constitution nominally provides for the chief 

 points of civil liberty, freedom of conscience and of the press, 

 equality of all the citizens in the eye of the law, the equal ca- 

 pacity of all citizens for all appointments in the service of the 

 state, also the equal distribution of taxes, the responsibility of 

 public officers, &c. Wurtemberg. King Frederick abolished, in 

 1806, the old constitution, founded on a compact concluded be- 

 tween the estates and the sovereign, and governed absolutely, 

 according to the decree of organization of March 18, 1806. Jan. 

 11, 1815, he issued a proclamation, by which he intended to pre- 

 pare the way for the establishment of such a constitution as he 

 wished ; but the assembly convoked by him in March, 1815, re- 

 fused the proposed constitution, asking for the re-establishment 

 of the old one. At last, the constitution of Sept. 25, 1819, was 

 established by way of compact. It provides for two houses of 

 legislature. (See Wurtemberg.) The grand-duchy of Baden, 

 after several preliminary decrees, received a constitution, Aug. 

 22, 1818, which provides for two houses of legislature. The first 

 is composed of peers, of the deputies of the gentry (Ritterscftaft) 

 and the universities, a Catholic bishop, a Protestant prelate, 

 and eight members nominated by the monarch, without refer- 

 ence to their birth or station. The lower house consists of de- 

 puties, chosen with reference to the population. (See Baden.) 

 The grand-duchy of Hesse- Darmstadt received a constitution, 

 providing for two houses, May 18, 1820. (See Hesse-Dartnstadt.) 

 The principality of Waldeck and Pyrmont received a constitu- 

 tion, Jan. 28, 1S14. This was changed, however, April 19, 1816, 

 when a constitution. was established, by which only the land, 

 owners and corporations of the cities are represented. The 

 duchy of Nassau received a constitution by the ordinance of 

 Sept. 2, 1814, which establishes two houses, one of hereditary 

 peers, the other of representatives, chosen for a limited time. 

 July l, 1816, a new organization of the government was pro. 

 claimed. It is founded, for the most part, on the division of 

 estates. Saxe- Weimar received a constitution, Sept. 20, 1809, 

 while she belonged to the confederation of the Rhine. Another 

 constitution was adopted, May 5, 1816, founded on the estates 

 of the nobility, citizens, and peasants, each of which sends ten 

 deputies, while the university of Jena sends one. There is only 

 one house of legislature. The elections are free, and the liber- 



fusing publicity to its deliberations, arid allowing only the pub. 

 iication of portions of its proceedings. The 1'berty of the press 

 has been long since suspended. It is hardly necessary to men- 

 tion how utterly insufficient a basis of representation the an- 

 cient estates are in our times, since the important classes of the 

 learned (who were formerly represented in the clergy) artists, 

 mechanics, merchants, and manufacturers remain, on this sys- 

 tem, unrepresented. Saxe-Coburg received a constitution 

 from its sovereign, Aug. 21, 1817, founded on the estates. 

 When the diet is not sitting, a permanent committee watt-lies 

 over the maintenance of the constitution, and the execution of 

 the laws. A further constitutional regulation was given, Dec, 

 15, 18^0, and the diet first assembled in 1821. Saxe-Hildburg, 

 hausen received a constitution, Jan. 7, 1818, founded on the es- 

 tates. A permanent committee of the nobility, the cities, and 

 clergy, represents the diet when it is not sitting. The princi- 

 pality of Schwarzburg- Rudolstadt received a constitution, 

 April 21, 1821, founded on the estates. The principality of 

 Lippe-Schaumburg received a constitution by a decree of Jan. 

 15, 1815. It is founded on the estates. Lippe-Detmold receiv- 

 ed a constitution, June 8, 1319, from the princess-regent Pau- 

 lina, drawn up by herself ; but this instrument was too liberal 

 for the old estates of the nobility and the cities, which protest, 

 ed against it, as did also the prince of Schaumburg as agnate. 

 The duchy of Brunswick- Wolf enbuttel received a constitution, 

 Jan. IP, 1820, founded on the estates and corporations. It pro- 

 vides only one house of legislature. In respect to tlie granting 

 of taxes, the old constitution was retained. The free city of 

 Frankfort, during the reign of Napoleon, received a liberalor- 

 ganization, Oct. 10, 1806. July 18, 1816, an act was passed by 

 the senate, supplementary to the old constitution of the city 

 when it was an imperial free city, which was accepted by the 

 citizens. The former privileges of the patrician families do not 

 exist any longer. The three Hanseatic cities have re-establish- 

 ed, since 1814, their old constitutions, founded on the ancient 

 corporations, and, like several others, little in unison with the 

 demands of the age. (See Constitutions des trots Villes Libre*- 

 Anseatiques, by Villers, Leipsic, 1814.) The duke of Saxe-Mein- 

 ingen established a constitution, Sept. 4, 1824, founded on the 

 estates. 



The Swiss confederacy was transformed, by the French di- 

 rectory, in 1799, into the Helvetic republic, with a democratic 

 form of government. This gave rise to bloody contests. Bo- 

 naparte, by the act of mediation, Feb. 19, 1803, gave a new fe- 

 derative constitution to this country, combining ancient and 

 modern elements. Sept. 8, 1814, the cantons convened again, 

 and received into the confederacy of the nineteen cantons three 

 new ones Valais, Geneva, and Neufchatel. Each canton has 

 its own representative constitution, founded on the elements 

 of the old system, together with the principles of the act of 

 mediation. In some, the aristocratic principle prevails ; in 

 others, the democratic. Some cantons are purely democratic, 

 as Valais, Coire, Zug, &c. Neufchatel has a constitution in 

 which aristocratic, democratic, and monarchical principles are 

 combined. The king of Prussia the sovereign of this canton 

 established this constitution, June 18, and Dec. 26, 1814. 



In Asia, several countries have fundamental laws. These, it 

 is true, hardly deserve the name of constitutions, since they are 

 destitute of those guarantees of the rights of the people, which 

 we are accustomed to consider as integral parts of a constitu- 

 tion. Yet several of them, however, are, in fact, subject to as 

 strict limitations as the constitutions of many of those states 

 which we have just enumerated. Nay, it would be far more 

 difficult to change certain fundamental laws in some Asiatic 

 states, founded, as they often are, on the religion and ancient 

 customs of the people, than to introduce a new constitution in. 

 to many of the European states. We have seen that the mere 

 decrees of certain European sovereigns have been sufficient to 

 establish, change, abolish, re-establish, and re-abolish constitu- 

 tions in the states under their rule. One point, however, must 

 be kept in view that, in almost all the European constitutions, 

 the idea of a representation of the people is a fundamental one, 

 however imperfect may be the means and forms provided for 

 securing it. But we know of no fundamental law, in any Asia- 

 tic state, which embraces the idea of representation ; and we 

 may, therefore, be excused from going into a consideration of 

 the Asiatic forms of government, in an article on constitutions. 



Having thus enumerated the European states which have re- 

 ceived constitutions, it may not be uninteresting to take a sur. 

 vey of those huropean states which are governed by sovereigns 

 entirely absolute. Austria was mentioned among those conn- 

 tries in which constitutions founded on the old feudal estates 

 exist ; but, although this may be the case in point of form, yet 

 the Austrian monarchy is virtually one of the most absolute 

 governments that can exist, and has systematically pursued, 

 for a long series of years* so arbitrary a course, in many re- 

 spects (including the administration of the finances and the in- 

 tellectual cultivation of the people), that we can hardly find any 

 thing parallel in governments which claim to be purely abso- 

 lute ; as, for instance, in Prussia. 



The following governments are without constitutions : 1. 

 Piedmont, Savoy, and Nice. 2. Tuscany, Parma, and Modena. 

 3. The Two Sicilies. 4. The States of the Church. 5. Prussia, 

 with the exception of Neufchatel, though the royal decree <>f 

 May 22, 1815, just before the last campaign against Napoleon, 

 promised the nation a representative constitution. The king, 

 some years since, established provincial estates, founded on the 

 different estates already enumerated, and the city corporations, 

 which have the right to be consulted in regard to taxation, and 

 to discuss what is laid before them by the king, through the 

 marshal of the diet. Their rights, however, are, in reality, 



ty of the press is guaranteed. The diet, opened Dec. 17, 1820, | nugatory, because they have not even the power of making 

 exhibited the remarkable instance of a representative body re- { propositions to the government ; aud when, a few years ago, 



