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senate, high court and provincial counsellors, without whose consent no new taxes can be imposed. b. The former Cisalpine republic received its first constitution from general Bonaparte, June 29, 1797. It was fashioned after the French constitution of 1797; but, in 1798, the French ambassador Trouvé made essential changes in it; and, in 1799, the whole republic was broken up by the armies of Russia and Austria. It was reestablished by the memorable victory of Marengo, in 1800, and governed provisorily, and received from a state-consulta at Lyons, as an Italian republic, a new constitution, Jan. 28, 1802. Its president was the first consul of France. This constitution provided three electoral colleges those of the land owners, of the learned bodies, and of the merchants. When the Italian republic was changed into the kingdom of Italy, and Napoleon had become king of Italy, March 16, 1805, he gave this state three constitutional statutes, of March 16, March 27 and June 5, 1805, in which the monarchical form was more and more developed. After the downfall of Napoleon, the emperor Francis established here the Lombardo-Venetian kingdom, and gave it, April 24, 1815, that constitution which we have mentioned above. c. The aristocratic republic of Lucca received, in 1799, from a French general, a democratic constitution, fashioned after that of France of 1795; but it hardly had time to go into operation, on account of the advance of the allied troops into Italy. In consequence of the victory of Marengo, a constitution similar to that of the Cisalpine republic of 1802, was proclaimed, Dec. 26, 1801; but, in 1805, the republic begged the emperor to give them a prince out of his own family. This was general Bacciocchi (q. v.), prince of Lucca and Piombino, and Napoleon signed the new constitution, June 23, 1805. A congress of Vienna, in 1814, gave this principality (still governed, in all essential respects, according to the constitution of 1805) to the former queen of Etruria. d. The States of the Church were changed by general Berthier, Feb. 15, 1798, into a Roman republic, which received a constitution, March 20, 1798, drawn up by Daunou, on the model of the French constitution of 1795. It expired, with the dissolution of the republic, in 1799. After the pope was reestablished, in 1814, he proclaimed, July 6, 1816, a constituent decree. e. The miniature republic of San Marino continues to preserve its ancient democratic representative constitution, in

which there are some aristocratic elements. f. Naples received a constitution from king Joseph, at Bayonne, June 20, 1808, which was confirmed by Napoleon; but his successor, Joachim, never put it into operation. Joachim (Murat), however, after his defeat, in 1815, ordered his minister Agar to draw up a constitution; but this was only posted up at the corners of the streets, and never acted upon. At an earlier period, in 1812, lord Bentinck had established in Sicily (then under the protection of England and the sceptre of king Ferdinand IV, soon afterwards under that of his son Francis) a constitution fashioned according to the British, which vested the legislative power exclusively in a parliament of peers and commons, the executive in the king, and the judiciary in independent courts. The feudal constitution was entirely abolished. This constitution was in force until July 23, 1814, on which day Ferdinand IV, who had once more taken the reins of government, overthrew the forms prescribed by England, together with the parliament of Sicily, which had hitherto existed. But when, after the downfall of Murat, he received Naples back, in 1815, from the congress of Vienna, he convoked the two houses of the Sicilian parliament, and communicated to them the draught of a new constitution for Sicily, of May 16, 1815, which had much similarity to the charter granted by Louis XVIII to the French, in 1814. This constitution, also, never went into operation; but when Ferdinand 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 reëstablish a national representation. (See division E (Spain), of this article.-G. 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. (See Confederation.) But the deputies to be sent by the members of the confederation never actually assembled. The constitution of this confederacy did not guaranty 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 introduced" (In allen Bundesstaaten wird eine landesständische Verfassung Statt finden). The explanation of this article caused much dispute, but, at last, the old estates and the monarchical 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. Those states, which retained or reestablished the old feudal estates and corporations, have been mentioned already in this article, under division 1.-1. The kingdom of Westphalia, which lasted from 1807 to 1814, received a constitution modelled after the French representative 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, and its deficiencies supplied by the statute of Dec. 23, 1808. It expired with the kingdom. 2. The grand-duchy of Frankfort had a similar constitution, from Aug. 16, 1810, to 1813, which met with a like fate. 3. In the kingdom of Bavaria, which belonged also to the confederation of the Rhine, a national representation was established in May, 1808, by a formal constitution and six constituent edicts; but, by the decree of Dec. 2, 1811, the owners of majorates (entailed estates) and the possessors of noble fiefs were declared representatives of the Bavarian nation by right of birth. At last, the king, Maximilian, granted the constitution of May 26, 1818, accompanied by 10 edicts. May 17, 1818, a regulation for the communities had been already promulgated. The constitution 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. This election, 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 capacity of all citizens for all appointinents in the service of the state, also the equal distribution of taxes,

the responsibility of public officers, &c. 4. Würtemberg. King Frederic abolished, in 1806, the old constitution, founded on a compact concluded between 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 prepare the way for the establishment of such a constitution as he wished; but the assembly convoked by him in March, 1815, refused the proposed constitution, asking for the reestablishment 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.) 5. 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 (Ritterschaft) and the universities, a Catholic bishop, a Protestant prelate, and eight members nominated by the monarch, without reference to their birth or station. The lower house consists of deputies, chosen with reference to the population. (See Baden.) 6. The grand-duchy of Hesse-Darmstadt received a constitution, providing for two houses, May 18, 1820. (See Hesse-Darmstadt.) 7. The principality of Waldeck and Pyrmont received a constitution Jan. 28, 1814. 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. 8. 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 1, 1816, a new organization of the government was proclaimed. It is founded, for the most part, on the division of estates. 9. 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 10 deputies, while the university of Jena sends 1. There is only one house of legislature. The elections are free, and the liberty of the press is guarantied. The diet, opened Dec. 17, 1820, exhibited the remarkable instance of a representative body refusing publicity to its deliberations, and allowing only the publication of portions of its proceedings. The liberty of the press has been long since suspended. It is hardly necessary to mention how ut

terly insufficient a basis of representation the ancient 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 system, unrepresented. 10. Saxe-Coburg received a constitution from its sovereign, Aug. 21, 1817, founded on the estates. When the diet is not sitting, a permanent committee watches over the maintenance of the constitution, and the execution of the laws. A further constitutional regulation was given Dec. 15, 1820, and the diet first assembled in 1821. 11. Saxe-Hildburghausen received a constitution, Jan. 7, 1818, founded on the estates. A permanent committee of the nobility, the cities and clergy, represents the diet when it is not sitting. 12. The principality of Schwarzburg-Rudolstadt received a constitution, April 21, 1821, founded on the estates. 13. The principality of Lippe-Schaumburg received a constitution by a decree of Jan. 15, 1815. It is founded on the estates. 14. Lippe-Detmold received a constitution, June 8, 1819, from the princess-regent Paulina, drawn up by herself; but this instrument was too liberal for the old estates of the nobility and the cities, which protested against it, as did also the prince of Schaumburg as agnate. (q. v.) 15. The duchy of Brunswick-Wolfenbüttel received a constitution, Jan. 19, 1820, founded on the estates and corporations. It provides only one house of legislature. In respect to the granting of taxes, the old constitution was retained. 16. The free city of Frankfort, during the reign of Napoleon, received a liberal organization, 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. 17, 18, 19. The three Hanseatic cities have reëstablished, 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 trois Villes Libres-Anséatiques, by Villers, Leipsic, 1814.) 20. The duke of Saxe-Meiningen established a constitution, Sept. 4, 1824, founded on the estates.H. The Swiss confederacy was transformed, by the French directory, in 1799, into the Helvetic republic, with a democratic form of government. This gave rise to bloody contests. Bonaparte, by the act of mediation, Feb. 19, 1803, gave a new federative constitution to this country, com

bining ancient and modern elements. Sept. 8, 1814, the cantons convened again, and received into the confederacy of the 19 cantons 3 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 canton are purely democratic, as Valais, Coire Zug, &c. Neufchatel has a constitutio in which aristocratie, democratic and mo narchical principles are combined. The king of Prussia-the sovereign of this can ton-established this constitution, June 18, and Dec. 26, 1814.-I. A provisory rep resentative_constitution was adopted_by the national congress of the Hellenes, Jan. 1(13), 1822, at Epidaurus. According to this instrument, the government was to consist of two bodies-the legislative senate, composed of deputies elected by the people, and the executive council. In July, 1827, the national assembly at Napoli di Romania adopted the constitution of 1827. Count Capo d'Istria was chosen president, and entered on his office Jan. 22, 1828. The state of this unfortunate nation, however, is so unsettled, that we must still expect many changes.—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 constitution. 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 into many of the European states. We have seen that the mere decrees of certain European sovereigns have been sufficient to establish, change, abolish, reëstablish and reäbolish constitutions 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 Asiatic 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 received constitutions, it may not be uninteresting to take a survey of those European states which are governed by sovereigns entirely absolute. Austria was mentioned among those countries 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 respects (including the administration of the finances and the intellectual cultivation of the people), that we can hardly find any thing parallel in governments which claim to be purely absolute; 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 of 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, nugatory, because they have not even the power of making propositions to the government; and when, a few years ago, the estates of the province of the Lower Rhine petitioned the king not to abolish the trial by jury, which had been in use on the left bank of the Rhine from the time when that district had been connected with France, the king was highly displeased, and reminded the estates that they were convened only to consider what was laid before them by his marshal. 6. The electorate of Hesse-Cassel. In 1815, the elector, having resumed possession of the electorate, after the abolition of the kingdom of Westphalia, convened not only the old estates, those of the nobility, clergy and citizens, but also that of the peasants, which gave rise to animadversion; and, on the assembly's disagreeing to the new constitution, which he presented to them, the elector dissolved the body; since which time the government has been entirely absolute. 7. The landgraviate of Hesse-Homburg. 8. The duchy of Anhalt. Dec. 28, 1810, this little coun

try received from the reigning duke a constitution, modelled entirely on that of the French empire; but the guardian of his successor suspended the constitution, Oct. 24, 1812. 9. The principalities of Hohenzollern-Hechingen and Siegmaringen. 10. The principality of SchwarzburgSondershausen. 11. The duchy of Oldenburg. 12. The duchy of Holstein. Both the latter, however, are about to receive, according to public report, constitutions founded on the estates. 13. The kingdom of Denmark, in which the ancient constitution was abolished in 1660. The people coöperated with the government in the overthrow of the old system, as it was favorable only to the nobility and the privileged corporations, the former of whom greatly abused their powers. 14. The empire of Russia. 15. Spain. 16. Turkey. 17. Portugal.

America. The English colonies in North America, before the declaration of the independence of the U. States, were all governed by charters from the crown of England, the principal features of which were a house of representatives, and a governor and body of counsellors, the first chosen by the people, the two last appointed by the king (or proprietors), except in the cases of Connecticut and Rhode Island plantations, in which the people were empowered to choose all their officers. The constitution prepared by the distinguished philosopher, John Locke, for South Carolina, at the request of the proprietors of the territory, operated no better than Plato's Republic would probably have done, if it had ever been put into practice. The constitution consisted of 120 articles, and was founded on aristocratical and feudal principles. Three classes of nobility were to be established, viz., barons, caciques and landgraves. The first were to possess 12, the second, 24, and the third, 48,000 acres of land, which were to remain inalienable in their families. The parliament, which consisted of one house only, was composed of the lords, proprietors, landgraves, caciques, and deputies from the free inhabitants holding inheritable property. This plan of government produced nothing but anarchy and discord. In the following Abstract of the Constitutions of the U. States, the constitution of Virginia framed in 1776 is given, since the draft of the constitution adopted by the late convention (1830) in that state has not been acted on by the people at the time when we write. If it should be accepted by them, the reader will find a sketch of it in the article Virginia.

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