Bismarck and the Foundation of the German Empire eBook

This eBook from the Gutenberg Project consists of approximately 443 pages of information about Bismarck and the Foundation of the German Empire.

Bismarck and the Foundation of the German Empire eBook

This eBook from the Gutenberg Project consists of approximately 443 pages of information about Bismarck and the Foundation of the German Empire.
into action; this was not what Bismarck desired or defended; there was no danger of this in Prussia.  He did not even oppose changes in the law and practice of the Constitution; what he did oppose was the particular change which would transfer the sovereignty to an elected House of Parliament.  “It has been maintained,” he once said, “that a constitutional king cannot be a king by the Grace of God; on the contrary he is it above all others.”

The references to foreign customs were indeed one of the most curious practices of the time; the matter was once being discussed whether the Crown had the power to declare a state of siege without the assent of the Chambers; most speakers attempted to interpret the text of the Prussian Constitution by precedents derived from the practice in France and England; we find the Minister of Justice defending his action on the ground of an event in the French Revolution, and Lothar Bucher, one of the ablest of the Opposition, complained that not enough attention had been paid to the procedure adopted in England for repealing the Habeas Corpus Act, entirely ignoring the fact that there was no Habeas Corpus Act in Prussia.  We can easily understand how repulsive this was to a man who, like Bismarck, wished nothing more than that his countrymen should copy, not the details of the English Constitution, but the proud self-reliance which would regard as impertinent an application of foreign notions.

The chief cause for this peculiarity was the desire of the Liberal party to attain that degree of independence and personal liberty which was enjoyed in England or France; the easiest way to do this seemed to be to copy their institutions.  There was, however, another reason:  the study of Roman law in Germany in which they had been educated had accustomed them to look for absolute principles of jurisprudence which might be applied to the legislation of all countries; when, therefore, they turned their minds to questions of politics, they looked for absolute principles of constitutional government, on which, as on a law of nature, their own institutions might be built up.  To find these they analysed the English Constitution, for England was the classical land of representative government; they read its rules as they would the institutions of a Roman Jurisconsult and used them to cast light on the dark places of their own law.  Bismarck did not share this type of thought; his mind was rather of the English cast; he believed the old Prussian Constitution was as much a natural growth as that of England, and decided dark points by reference to older practice as an Englishman would search for precedents in the history of his own country.

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Bismarck and the Foundation of the German Empire from Project Gutenberg. Public domain.