Imatges de pÓgina

senate, high court and provincial counsel- which there are some aristocratic elements. lors, without whose consent no new taxes f. Naples received a constitution from can be imposed. b. The former Cisal- king Joseph, at Bayonne, June 20, 1808, pine republic received its first constitution which was confirmed by Napoleon; but from general Bonaparte, June 29, 1797. his successor, Joachim, never put it into It was fashioned after the French consti- operation. Joachim (Murat), however, tution of 1797; but, in 1798, the French after his defeat, in 1815, ordered his minambassador Trouvé made essential ister Agar to draw up a constitution; but changes in it ; and, in 1799, the whole this was only posted up at the corners of republic was broken up by the armies the streets, and never acted upon. At an of Russia and Austria. It was reëstab- earlier period, in 1812, lord Bentinck had lished by the memorable victory of Ma- established in Sicily (then under the prorengo, in 1800, and governed provisorily, tection of England and the sceptre of king and received from a state-consulta at Ly- Ferdinand IV, soon afterwards under that ons, as an Italian republic, a new constitu- of his son Francis) a constitution fashiontion, Jan. 28, 1802. Its president was ed according to the British, which vested the first consul of France. This constitu- the legislative power exclusively in a partion provided three electoral colleges— liament of peers and commons, the execthose of the land owners, of the learned utive in the king, and the judiciary in inbodies, and of the merchants. When the dependent courts. The feudal constitution Italian republic was changed into the was entirely abolished. This constitution kingdom of Italy, and Napoleon had be- was in force until July 23, 1814, on which come king of Italy, March 16, 1805, he day Ferdinand IV, who had once more gave this state three constitutional statutes, taken the reins of government, overthrew of March 16, March 27 and June 5, 1805, the forms prescribed by England, together in which the monarchical form was more with the parliament of Sicily, which had and more developed. After the downfall hitherto existed. But when, after the of Napoleon, the emperor Francis estab- downfall of Murat, he received Naples lished here the Lombardo-Venetian king- back, in 1815, from the congress of Viendom, and gave it, April 24, 1815, that na, he convoked the two houses of the constitution which we have mentioned Sicilian parliament, and communicated to above. C. The aristocratic republic of them the draught of a new constitution Lucca received, in 1799, from a French for Sicily, of May 16, 1815, which had general, a democratic constitution, fashion- much similarity to the charter granted by ed after that of France of 1795; but it Louis XVIII to the French, in 1814. This hardly had time to go into operation, on constitution, also, never went into operaaccount of the advance of the allied troops tion ; but when Ferdinand IV, Dec. 8, into Italy. In consequence of the victory 1816, made Naples and Sicily one kingof Marengo, a constitution similar to that dom, and assumed the title of Ferdinand I, of the Cisalpine republic of 1802, was king of the Two Sicilies, he promulgated proclaimed, Dec. 26, 1801 ; but, in 1805, for the whole monarchy the constituent the republic begged the emperor to give law of Dec. 12, 1816, which confirmed the them a prince out of his own family. abolition of feudalism, but did not reësThis was general Bacciocchi (q. v.), prince tablish a national representation. (See divisof Lucca and Piombino, and Napoleon ion E (Spain), of this article.-G. Germasigned the new constitution, June 23, 1805. ny. The constitution of the former GerA congress of Vienna, in 1814, gave this man empire was founded entirely on the principality (still governed, in all essential principles of the feudal system, and the. respects, according to the constitution of old corporations. It had become a mere 1805) to the former queen of Etruria. d. mockery, and even worse than useless. The States of the Church were changed The eagle of the empire was often comby general Berthier, Feb. 15, 1798, into a pared to an old, worm-eaten, stuffed bird, Roman republic, which received a consti- which must not be touched, for fear of its tution, March 20, 1798, drawn up by Dau- falling to pieces. Napoleon abolished the nou, on the model of the French constitu- empire, and established the confederation tion of 1795. It expired, with the dissolu- of the Rhine, July, 12, 1806. (See Contion of the republic, in 1799. After the federation.) But the deputies to be sent pope was reëstablished, in 1814, he pro- by the members of the confederation never claimed, July 6, 1816, a constituent decree. actually assembled. The constitution of e. The miniature republic of San Ma- this confederacy did not guaranty a narino continues to preserve its ancient tional representation in the

different coundemocratic representative constitution, in tries belonging to it. June 8, 1815, the

German confederation (see Confederation) the responsibility of public officers, &c. was established. The 13th article runs 4. Würtemberg: King Frederic abolished, thus :—“In each of the confederated states, in 1806, the old constitution, founded on a constitution, founded on the estates, a compact concluded between the estates shall be introduced”, (in allen Bundes- and the sovereign, and governed absolutestaaten wird eine landesständische Verfas- ly, according to the decree of organization sung Statt finden). The explanation of of March 18, 1806. Jan. 11, 1815, he this article caused much dispute, but, at issued a proclamation, by which he intendlast, the old estates and the monarchical ba- ed to prepare the way for the establishment sis were considered as the essential parts of of such a constitution as he wished; but all the new constitutions. In consequence the assembly convoked by him in March, of the confederation of the Rhine, and 1815, refused the proposed constitution, of the German confederacy, several con- asking for the 'reëstablishment of the old stitutions were formed between 1806 and one. At last, the constitution of Sept. 25, 1815, in Germany, some of which inclined 1819, was established by way of compact. more to the representative system ; others, It provides for two houses of legislature. more to the old system of feudal estates (See Würtemberg.) 5. The grand-duchy and corporations. Those states, which of Baden, after several preliminary deretained or reëstablished the old feudal crees, received a constitution, Aug. 22, estates and corporations, have been men- 1818, which provides for two houses of tioned already in this article, under di- legislature. The first is composed of peers, vision 1.-1. The kingdom of West- of the deputies of the gentry (Ritterschaft) phalia, which lasted from 1807 to 1814, and the universities, a Catholic bishop, a received a constitution modelled after the Protestant prelate, and eight members French representative system. This serv- nominated by the monarch, without refered as a model for the constitutions of sev- ence to their birth or station. The lower eral other states belonging to the confed- house consists of deputies, chosen with eration of the Rhine. It was given by reference to the population. (See Baden.) Napoleon, Nov. 15, 1807, and its deficien- 6. The grand-duchy of Hesse-Darmstadt cies supplied by the statute of Dec. 23, received a constitution, providing for two 1808. It expired with the kingdom. houses, May 18, 1820. (See Hesse-Darm2. The grand-duchy of Frankfort had a stadt.) 7. The principality of Waldeck similar constitution, from Aug. 16, 1810, to and Pyrmont received a constitution Jan. 1813, which met with a like fate. 3. In 28, 1814. This was changed, however, the kingdom of Bavaria, which belonged April 19, 1816, when a constitution was also to the confederation of the Rhine, a established, by which only the land-owners national representation was established'in and corporations of the cities are repreMay, 1808, by a formal constitution and sented. 8. The duchy of Nassau received six constituent edicts; but, by the decree a constitution by the ordinance of Sept. 2, of Dec. 2, 1811, the owners of majorates 1814, which establishes two houses, one (entailed estates) and the possessors of of hereditary peers, the other of representnoble fiefs were declared representatives atives, chosen for a limited time. “July 1, of the Bavarian nation by right of birth. 1816, a new organization of the governAt last, the king, Maximilian, granted the ment was proclaimed. It is founded, for constitution of May 26, 1818, accompanied the most part

, on the division of estates. by 10 edicts. May 17, 1818, a regulation 9. Saxe-Weimar received a constitution, for the communities had been already Sept. 20, 1809, while she belonged to the promulgated. The constitution establishes confederation of the Rhine. Another two houses--one of peers, the other of constitution was adopted, May 5, 1816, commons-the former to hold their places founded on the estates of the nobility, citiby right of birth, or by appointment of the zens and peasants, each of which sends 10 king, the latter by election. This election, deputies, while the university of Jena however, is not made by the people col- sends 1. There is only one house of lectively, but by the different estates-no- legislature. The elections are free, and bility, clergy and scholars, citizens and the liberty of the press is guarantied. The peasants. This constitution nominally pro- diet, opened Dec. 17, 1820, exhibited the vides for the chief points of civil liberty, remarkable instance of a representative freedom of conscience and of the press, body refusing publicity to its deliberations, equality of all the citizens in the eye of and allowing only the publication of porthe law, the equal capacity of all citizens tions of its proceedings. The liberty of for all appointments in the service of the the press has been long since suspended. state, also the equal distribution of taxes, It is hardly necessary to mention how ut474 CONSTITUTIONS OF GERMANY, SWITZERLAND, GREECE. terly insufficient a basis of representation bining ancient and modern elements. the ancient estates are in our times, since Sept. 8, 1814, the cantons convened again, the important classes of the learned (who and received into the confederacy of the were formerly represented in the clergy), 19 cantons 3 new ones,

-Valais, Geneva artists, mechanics, merchants and manu- and Neufchatel. Each canton has its own facturers remain, on this system, unrepre- representative constitution, founded on the sented. 10. Saxe-Coburg received a con- elements of the old system, together with stitution from its sovereign, Aug. 21, 1817, the principles of the act of mediation. In founded on the estates. When the diet is some, the aristocratic principle prevails ; not sitting, a permanent committee watches in others, the democratic. Some cantor over the maintenance of the constitution, are purely democratic, as Valais, Coire and the execution of the laws. A further Zug, &c. Neufchatel has a constitutio constitutional regulation was given Dec. 15, in which aristocratie, democratic and mo 1820, and the diet first assembled in 1821. narchical principles are combined. The 11. Saxe-Hildburghausen received a con- king of Prussia—the sovereign of this can stitution, Jan. 7, 1818, founded on the ton-established this constitution, June 18, estates. A permanent committee of the and Dec. 26, 1814.-I. A provisory rep nobility, the cities and clergy, represents the resentative constitution was adopted by diet when it is not sitting. 12. The princi- the national congress of the Hellenes, Jan. pality of Schwarzburg-Rudolstadt receiv- 1(13), 1822, at Epidaurus. According to ed a constitution, April 21, 1821, founded this instrument, the government was to on the estates. 13. The principality of consist of two bodies the legislative senLippe-Schaumburg received a constitu- ate, composed of deputies elected by the tion by a decree of Jan. 15, 1815. It is people, and the executive council. In July, founded on the estates. 14. Lippe-Det- 1827, the national assembly at Napoli di mold received a constitution, June 8, Romania adopted the constitution of 1827. 1819, from the princess-regent Paulina, Count Capo d'Istria was chosen president

, drawn up by herself; but this instrument and entered on his office Jan. 22, 1828. was too liberal for the old estates of the The state of this unfortunate nation, nobility and the cities, which protested however, is so unsettled, that we must against it, as did also the prince of Schaum- still expect many changes.-In Asia, sev. burg as agnate. (q. v.) 15. The duchy of eral countries have fundamental laws. Brunswick-Wolfenbüttel received a con- These, it is true, hardly deserve the name stitution, Jan. 19, 1820, founded on the of constitutions, since they are destitute of estates and corporations. It provides only those guarantees of the rights of the peoone house of legislature. In respect to ple, which we are accustomed to consider the granting of taxes, the old constitution as integral parts of a constitution. Yet was retained. 16. The free city of Frank- several of them, however, are, in fact, subfort, during the reign of Napoleon, receiv- ject to as strict limitations as the constitued a liberal organization, Oct. 10, 1806. tions of many of those states which we have July 18, 1816, an act was passed by the just enumerated. Nay, it would be far senate, supplementary to the old constitu- more difficult to change certain fundamention of the city, when it was an imperial tal laws in some Asiatic states, founded, as free city, which was accepted by the citi- they often are, on the religion and ancient zens. The former privileges of the patrician customs of the people, than to introduce a families do not exist any longer. 17, 18, new constitution into many of the Euro19. The three Hanseatic cities have reës- pean states. We have seen that the mere tablished, since 1814, their old constitu- decrees of certain European sovereigns tions, founded on the ancient corporations, have been sufficient to establish, change

, and, like several others, little in unison with abolish, reëstablish and reäbolish constituthe demands of the age. (See Constitu- tions in the states under their rule. One tions des trois Villes Libres-Ånséatiques

, by point

, however, must be kept in view Villers, Leipsic, 1814.) 20. The duke of that

, in almost all the European constituSaxe-Meiningen established a constitution, tions, the idea of a representation of the Sept. 4, 182,, founded on the estates.- people is a fundamental one, however H. The Swiss confederacy was transform- imperfect may be the means and forms ed, by the French directory, in 1799, into provided for securing it. But we know the Helvetic republic, with a democratic of no fundamental law, in any form of government. This gave rise to state, which embraces the idea of rep. bloody contests. Bonaparte, by the act of resentation ; and we may, therefore, be mediation, Feb. 19, 1803, gave a new fed- excused from going into a erative constitution to this country, com- of the Asiatic forms of government

, in an


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article on constitutions.—Having thus try received from the reigning duke a enumerated the European states which constitution, modelled entirely on that of have received constitutions, it may not be the French empire; but the guardian of uninteresting to take a survey of those his successor suspended the constitution, European states which are governed by Oct. 24, 1812. 9. The principalities of sovereigns entirely absolute. Austria was Hohenzollern-Hechingen and Siegmarinmentioned among those countries in gen. 10. The principality of Schwarzburgwhich constitutions founded on the old Sondershausen. 11. The duchy of Oldenfeudal estates exist ; but, although this burg. 12. The duchy of Holstein. Both may be the case in point of form, yet the the latter, however, are about to receive, Austrian monarchy is virtually one of the according to public report, constitumost absolute governments that can exist, tions founded on the estates. 13. The and has systematically pursued, for a long kingdom of Denmark, in which the anseries of years, so arbitrary a course, in cient constitution was abolished in 1660. many respects (including the administra- The people coöperated with the governtion of the finances and the intellectual ment in the overthrow of the old system, cultivation of the people), that we can as it was favorable only to the nobility and hardly find any thing parallel in govern- the privileged corporations, the former ments which claim to be purely absolute; of whom greatly abused their powers. as, for instance, in Prussia. The follow- 14. The empire of Russia. 15. Spain. ing governments are without constitutions: 16. Turkey. 17. Portugal.

-1. Piedmont, Savoy and Nice. 2. Tus- America. The English colonies in North cany, Parma and Modena. 3. The Two America, before the

declaration of the inSicilies. 4. The States of the Church. 5. dependence of the U. States, were all govPrussia, with the exception of Neufchatel, erned by charters from the crown of Engthough the royal decree of May 22, 1815, land, the principal features of which were just before the last campaign against Na- a house of representatives, and a governor poleon, promised the nation a representa- and body of counsellors, the first chosen tive constitution. The king, some years by the people, the two last appointed by the since, established provincial estates, found- king (or proprietors), except in the cases of ed on the different estates already enumer- Connecticut and Rhode Island plantations, ated, and the city corporations, which in which the people were empowered to have the right to be consulted in regard to choose all their officers. The constitaxation, and to discuss what is laid before tution prepared by the distinguished phithem by the king, through the marshal of losopher, John Locke, for South Carthe diet. Their rights, however, are, in olina, at the request of the proprietors of reality, nugatory, because they have not the territory, operated no better than Plaeven the power of making propositions to to's Republic would probably have done, the government; and when, a few years if it had ever been put into practice. The ago, the estates of the province of the constitution consisted of 120 articles, and Lower Rhine petitioned the king not to was founded on aristocratical and feudal abolish the trial by jury, which had been principles. Three classes of nobility were in use on the left bank of the Rhine from to be established, viz., barons, caciques the time when that district had been con- and landgraves. The first were to possess nected with France, the king was highly 12, the second, 24, and the third, 48,000 displeased, and reminded the estates that acres of land, which were to remain inthey were convened only to consider what alienable in their families. The parliawas laid before them by his marshal. ment, which consisted of one house only, 6. The electorate of Hesse-Cassel. In was composed of the lords, proprietors, 1815, the elector, having resumed posses- landgraves, caciques, and deputies from sion of the electorate, after the abolition the free inhabitants holding inheritable of the kingdom of Westphalia, convened property. This plan of government pronot only the old estates, those of the no- duced nothing but anarchy and discord. bility, clergy and citizens, but also that of In the following Abstract of the Constithe peasants, which gave rise to animad- tutions of the U. States, the constitution version; and, on the assembly's disagree- of Virginia framed in 1776 is given, since ing to the new constitution, which he pre- the draft of the constitution adopted by the sented to them, the elector dissolved the late convention (1830) in that state has not body; since which time the government been acted on by the people at the time has been entirely absolute. 7. The land- when we write. If it should be accepted graviate of Hesse-Homburg. 8. The duchy by them, the reader will find a sketch of of Anhalt. Dec. 28, 1810, this little coun- it in the article Virginia.

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ants of state for which chosen. £200, 1 year's residence.


Senators, in proportion to taxa- Senators, in proportion to taxa- In proportion to population.
tion; representatives, to number tion; representatives, to number
of ratable polls.

of ratable polls.

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