assembly; he was not satisfied with creating an artificial
Upper House which might, perhaps, be able for one
year or two to check the extravagances of a popular
House, or with allowing to the King a veto which could
only be exercised with fear and trembling. Generally
the Lower House is the predominant partner; it governs;
the Upper House can only amend, criticise, moderate.
Bismarck completely reversed the situation: the
true government, the full authority in the State was
given to the Council; the Parliament had to content
itself with a limited opportunity for criticism, with
the power to amend or veto Bills, and to refuse its
assent to new taxes. In England the government
rests in the House of Commons; in Germany it is in
the Federal Council, and for the same reason—that
the Council has both executive and legislative power.
Constitutions have generally been made by men whose
chief object was to weaken the power of the Government,
who believed that those rulers do least harm who have
least power, with whom suspicion is the first of political
virtues, and who would condemn to permanent inefficiency
the institutions they have invented. It was not
likely Bismarck would do this. The ordinary device
is to separate the legislative and executive power;
to set up two rival and equal authorities which may
check and neutralise each other. Bismarck, deserting
all the principles of the books, united all the powers
of government in the Council. The whole administration
was subjected to it; all laws were introduced in it.
The debates were secret; it was an assembly of the
ablest statesmen in Germany; the decisions at which
it arrived were laid in their complete form before
the Reichstag. It was a substitute for a Second
Chamber, but it was also a Council of State; it united
the duties of the Privy Council and the House of Lords;
it reminds us in its composition of the American Senate,
but it would be a Senate in which the President of
the Republic presided.
Bismarck never ceased to maintain the importance of the Federal Council; he always looked on it as the key to the whole new Constitution. Shortly after the war with France, when the Liberals made an attempt to overthrow its authority, he warned them not to do so.
“I believe,” he said, “that the Federal Council has a great future. Great as Prussia is, we have been able to learn much from the small, even from the smallest member of it; they on their side have learnt much from us. From my own experience I can say that I have made considerable advance in my political education by taking part in the sittings of the Council and by the life which comes from the friction of five and twenty German centres with one another. I beg you do not interfere with the Council. I consider it a kind of Palladium for our future, a great guarantee for the future of Germany in its present form.”
Now, from the peculiar character of the Council arose a very noticeable omission; just as there was no Upper