CHAPTER XXIV
AUSTRIA-HUNGARY PRIOR TO THE AUSGLEICH
485. The Dual Monarchy.—The dual monarchy Austria-Hungary, comprising a sixteenth of the area, and containing an eighth of the population, of all Europe, is an anomaly among nations. It consists, strictly, of two sovereign states, each of which has a governmental system all but complete within itself. One of these is known officially as "The Kingdoms and Lands represented in the Reichsrath," but more familiarly as Cisleithania, or the Empire of Austria. The other, officially designated as "The Lands of St. Stephen's Crown," is commonly called Transleithania, or the Kingdom of Hungary. By certain historical and political ties the two are bound together under the official name of the Österreichisch-ungarische Monarchie, or Austro-Hungarian Monarchy.[643] In the one the common sovereign is Emperor; in the other, Apostolic King.
"If," says a modern writer, "France has been a laboratory for political experiments, Austria-Hungary is a museum of political curiosities, but it contains nothing so extraordinary as the relation between Austria and Hungary themselves."[644] In its present form this relation rests upon the memorable Ausgleich, or Compromise, of 1867. The historical phases of it, however, may be traced to a period as remote as the first half of the sixteenth century, when, in 1526, after the Hungarians had suffered overwhelming defeat by the Turks at the Battle of Mohács, a Hapsburg prince, the later Emperor Ferdinand I., assumed, upon election by the Hungarian diet, the throne of the demoralized eastern kingdom.[645] Until the eighteenth century the union of the two monarchies was always precarious, much of the time practically non-existent. Set in the midst of a whirlpool of races and political powers, the ancient Hungarian state, recovered from its days of disaster, struggled unremittingly to preserve its identity, and even to regain its independence, as against the overshadowing Imperial authority of which Austria was the seat. The effort was fairly successful and as late as the Napoleonic period Hungary, while bound to her western neighbor by a personal union through the crown, maintained not only her essential autonomy but even the constitutional style of government which had been hers since at least the early portion of the thirteenth century. A rapid sketch of the earlier political development of the two states seems a necessary introduction to an examination of the institutions, joint and separate, which to-day enter into the texture of their governmental organization.
I. Austrian Political Development to 1815
486. Origins.—The original Austria was a mark, or border county, lying along the south bank of the Danube, east of the river Enns, and founded by Charlemagne as a bulwark of the Frankish kingdom against the Slavs. During the ninth century the territory was overrun successively by the Moravians and the Magyars, or Hungarians, and all traces of Frankish occupation were swept away. At the middle of the tenth century, however, following Otto the Great's signal triumph over the Hungarians on the Lech in 955, the mark was reconstituted; and from that point the development of modern Austria is to be traced continuously. The name Österreich, i.e., "eastern empire" or "dominion," appears in a charter as early as 996.
The first notable period of Austrian history was that covered by the rule of the house of Babenberg. The government of the mark was intrusted by the Emperor Otto II. to Leopold of Babenberg in 976, and from that date to the extinction of the family in 1246 the energies of the Babenbergs were absorbed principally in the enlargement of the boundaries of their dominion and in the consolidation of its administration. In 1156 the mark was raised by King Frederick I. to the dignity of a duchy, and such were the privileges conferred upon it that the duke's only obligation consisted in the attending of any Imperial diet which should be held in Bavaria and the sending of a contingent to the Imperial army for such campaigns as should be undertaken in countries adjoining the duchy.
487. The Establishment of Hapsburg Dominion, 1276.—In 1251—five years after the death of the last Babenberg—the estates of the duchy elected as duke Ottakar, son of Wenceslaus I., king of Bohemia. In 1276, however, Duke Ottakar was compelled to yield his three dominions of Austria, Styria, and Carinthia to Rudolph of Hapsburg, who, in 1273, upon the breaking of the Interregnum, had become German king and emperor; and at this point began in Austria the rule of the illustrious Hapsburg dynasty of which the present Emperor Francis Joseph is a representative. Under the adroit management of Rudolph the center of gravity of Hapsburg power was shifted permanently from the Rhine to the Danube, and throughout the remainder of the Middle Ages the history of Austria is a story largely of the varying fortunes of the Hapsburg interests. In 1453 the duchy was raised to the rank of an archduchy, and later in the century the Emperor Maximilian I. entertained plans for the establishment of an Austrian electorate, or even an Austrian kingdom. These plans were not carried into execution, but the Austrian lands were constituted one of the Imperial circles which were created in 1512, and in 1518 representatives of the various Austrian Landtage, or diets, were gathered for the first time in national assembly at Innsbrück.
488. Austro-Hungarian Consolidation.—In 1519 Maximilian I. was succeeded in the archduchy of Austria, as well as in the Imperial office, by his grandson Charles of Spain, known thenceforth as the Emperor Charles V. To his brother Ferdinand, however. Charles resigned the whole of his Austrian possessions, and to Austrian affairs he gave throughout his reign but scant attention. Ferdinand, in turn, devoted himself principally to warfare with the Turks and to an attempt to secure the sovereignty of Hungary. His efforts met with a measure of success and there resulted that affiliation of Austria and Hungary which, though varying greatly from period to period in strength and in effect, has been maintained to the present day. During a century succeeding Ferdinand's accession to the Imperial throne in 1556, the affairs of Austria were inextricably intertwined with those of the Empire, and it was only with the virtual disintegration of the Empire in consequence of the Thirty Years' War that the Hapsburg sovereigns fell back upon the policy of devoting themselves more immediately to the interests of their Austrian dominion.
The fruits of this policy were manifest during the long reign of Leopold I., who ruled in Austria from 1655 to 1705 and was likewise emperor during the last forty-eight years of this period. At the close of a prolonged series of Turkish wars, the Peace of Karlowitz, January 26, 1699, added definitely to the Austrian dominion Slavonia, Transylvania, and all Hungary save the banat of Temesvár, and thus completed the edifice of the Austrian monarchy.[646] The period was likewise one of internal consolidation. The Diet continued to be summoned from time to time, but the powers of the crown were augmented enormously, and it is to these years that scholars have traced the origins of that thoroughgoing bureaucratic régime which, assuming more definite form under Maria Theresa, continued unimpaired until the revolution of 1848. It was in the same period that the Austrian standing army was established.
489. Development of Autocracy Under Maria Theresa, 1740-1780.—The principal threads in Austrian history in the eighteenth century are the foreign entanglements, including the war of the Spanish Succession, the war of the Austrian Succession, and the Seven Years' War, and the internal measures, of reform and otherwise, undertaken by the successive sovereigns, especially Maria Theresa (1740-1780) and Joseph II. (1780-1790). For Austria the net result of the wars was the loss of territory and also of influence, among the states of the Empire, if not among those of all Europe. On the side of internal affairs it may be observed simply that Maria Theresa became virtually the founder of the unified Austrian state, and that, in social conditions generally, the reign of this sovereign marks more largely than that of any other the transition in the Hapsburg dominions from mediæval to modern times. Unlike her doctrinaire son and successor, Joseph, Maria Theresa was of an eminently practical turn of mind. She introduced innovations, but she clothed them with the vestments of ancient institutions. She made the government more than ever autocratic, but she did not interfere with the nominal privileges of the old estates. In Hungary the constitution was left untouched, but during the forty years of the reign the Diet was assembled only four times, and government was, in effect, by royal decree. Joseph II. assumed the throne in 1780 bent primarily upon a policy of "reform from above." Utterly unacquainted with the actual condition of his dominions and unappreciative of the difficulties inherent in their administration, the new sovereign set about the sweeping away of the entire existing order and the substituting of a governmental scheme which was logical enough, to be sure, but entirely impracticable. The attempt, as was inevitable, failed utterly.
490. Austria and France, 1789-1815.—Leopold II. inherited, in 1790, a dominion substantially as it was at the death of Maria Theresa. Prior to his accession Leopold had acquired a reputation for liberalism, but apprehension aroused by the revolution in France was of itself sufficient to turn him promptly into the traditional paths of Austrian autocracy. His reign was brief (1790-1792), but that of his son and successor, Francis II., which continued through the revolutionary epoch, was essentially a continuation of it, and from first to last there was maintained with complete success that relentless policy of "stability" so conspicuously associated later with the name of Metternich. Hardly any portion of Europe was less affected by the ideas and transformations of the Revolution than was Austria.
Having resisted by every means at her disposal, including resort to arms, the progress of revolution, Austria set herself firmly, likewise, in opposition to the ambitions of Napoleon. Of the many consequences of the prolonged combat between Napoleon and the Hapsburg power, one only need be mentioned here. August 11, 1804, Francis II., archduke of Austria and emperor of the Holy Roman Empire, assumed the name and title of Francis I., emperor of Austria. To the taking of this step the Hapsburg monarch was influenced in part by Napoleon's assumption, three months previously, of the title of emperor of the French, and in part by anticipation that the Holy Roman Empire would soon be subverted completely by the conqueror. The apprehension proved well-founded. Within two years it was made known definitely that the Napoleonic plan of international readjustment involved as one of its principal features the termination, once for all, of an institution which, as Voltaire had already said, was "no longer holy, Roman, or an empire." August 6, 1806, the title and functions of Holy Roman Emperor were relinquished formally by the Austrian monarch. The Austrian imperial title of to-day, dates, however, from 1804.
II. Hungarian Political Development to 1815
491. Beginnings.—According to accounts which are but indifferently reliable, the Magyars, or Hungarians, lately come as invaders from Asia, made their first appearance in the land which now bears their name in the year 895. Certain it is that during the first half of the tenth century they terrorized repeatedly the populations of Germany and France, until, in 955, their signal defeat at the Lechfeld by the German king (the later Emperor Otto I.) checked effectually their onslaughts and re-enforced the disposition already in evidence among them to take on a settled mode of life. In the second half of the tenth century they occupied definitely the valleys of the Danube and the Theiss, wedging apart, as do their descendants to this day, the Slavs of the north and those of the Balkan regions.
492. Institutional Growth Under Stephen I., 997-1038.—The principal formative period in the history of the Hungarian nation is the long reign of Stephen I., or, as he is more commonly known, St. Stephen. In this reign were established firmly both the Hungarian state and the Hungarian church; and in the organization of both Stephen exhibited a measure of capacity which entitles him to high rank among the constructive statesmen of mediæval Europe. Under his predecessor the court had accepted Roman Christianity, but during his reign the nation itself was Christianized and the machinery of the Church was for the first time put effectively in operation. In the year 1001 Pope Sylvester II. accorded formal recognition to Magyar nationality by bestowing upon Prince Stephen a kingly crown, and to this day the joint sovereign of Austria-Hungary is inducted into office as Hungarian monarch with the identical crown which Pope Sylvester transmitted to the missionary-king nine centuries ago. In the elaboration of a governmental system King Stephen and the advisers whom he gathered from foreign lands had virtually a free field. The nation possessed a traditional right to elect its sovereign and to gather in public assembly, and these privileges were left untouched. None the less, the system that was set up was based upon a conception of royal power unimpaired by those feudal relationships by which in western countries monarchy was being reduced to its lowest estate. The old Magyar tribal system was abolished and as a basis of administration there was adopted the Frankish system of counties. The central and western portions of the country, being more settled, were divided into forty-six counties, at the head of each of which was placed a count, or lord-lieutenant (föispán), appointed by the crown and authorized in turn to designate his subordinates, the castellan (várnagy), the chief captain (hadnagy), and the hundredor (százados). This transplantation of institutions is a matter of permanent importance, for, as will appear, the county is still the basal unit of the Hungarian administrative system.
493. The Golden Bull, 1222.—During the century and a half which followed the reign of Stephen the consolidation of the kingdom, despite frequent conflicts with the Eastern Empire, was continued. The court took on something of the brilliancy of the Byzantine model, and in the later twelfth century King Béla III. inaugurated a policy—that of crowning as successor the sovereign's eldest son while yet the sovereign lived—by which were introduced in effect the twin principles of heredity and primogeniture. In 1222 King Andrew II. (1204-1235) promulgated a famous instrument, the Bulla Aurea, or Golden Bull, which has been likened many times to the Great Charter conceded to his barons by King John of England seven years earlier. The precise purport of the Golden Bull is somewhat doubtful. By some the instrument has been understood to have comprised a virtual surrender on the part of the crown in the interest of a class of insolent and self-seeking nobles with which the country was cursed. By others it has been interpreted as a measure designed to strengthen the crown by winning the support of the mass of the lesser nobles against the few greater ones.[647] The exemption of all nobles from taxation was confirmed; all were exempted likewise from arbitrary arrest and punishment. On the other hand, it was forbidden expressly that the titles and holdings of lords-lieutenant should become hereditary. The most reasonable conclusion is that the instrument represents a compromise designed to afford a working arrangement in a period of unusual stress between crown and nobility. Although the document was amplified in 1231 and its guarantees were placed under the special guardianship of the Church, it does not appear that its positive effects in the period immediately following were pronounced. The Golden Bull, none the less, has ever been regarded as the foundation of Hungarian constitutional liberty. As such, it was confirmed specifically in the coronation oath of every Hapsburg sovereign from the sixteenth to the eighteenth century.
494. Three Centuries of Constitutional Unsettlement.—The last century of the Árpád dynasty, which was ended in 1308, was a period of depression and of revolution. The weakness of the later Árpáds, the ruin wrought by the Tatar invasion of 1241-1242, the infiltration of feudalism, and perennial civil discord subverted the splendid monarchical establishment of King Stephen and brought the country into virtual subjection to a small body of avaricious nobles. The Árpáds were succeeded by two Angevin princes from the kingdom of Naples—Charles I. (1310-1342) and Louis I. (1342-1382)—under whom notable progress was made toward the rehabilitation of the royal power. Yet in the midst of their reforms appeared the first foreshadowings of that great Turkish onslaught by which eventually the independent Hungarian monarchy was destined to be annihilated completely. The long reign of Sigismund (1387-1437) was occupied almost wholly in resistance to the Ottoman advance. So urgent did this sovereign deem the pushing of military preparations that he fell into the custom of summoning the Diet once, and not infrequently twice, a year, and this body acquired rapidly a bulk of legislative and fiscal authority which never before had been accorded it. Persons entitled to membership were regularly the nobles and higher clergy. But in 1397 the free and royal towns were invited to send deputies, and this privilege seems to have been given statutory confirmation. By the ripening of the Hungarian feudal system, however, and the struggles for the throne which followed the death of King Albert V. (1439), much that was accomplished by Sigismund and his diets was undone. Ultimately, measures of vigilance were renewed under John Hunyadi,—by voice of the Diet "governor" of Hungary, 1446-1456,—and, under his son King Matthias I. (1458-1490). During the last-mentioned reign fifteen diets are known to have been held, and no fewer than 450 statutes to have been enacted. The Hungarian common law was codified afresh and the entire governmental system overhauled. But again succeeded a period, from the accession of Wladislaus II. to the battle of Mohács, during which turbulence reigned supreme and national spirit all but disappeared.
496. The Establishment of Austrian Dominion.—In 1526 the long expected blow fell. Under the Sultan Suleiman the Magnificent the Turks invaded the Hungarian kingdom and at the battle of Mohács, August 28, put to rout the entire Hungarian army. The invading hosts chose to return almost instantly to Constantinople, but when they withdrew they left one-quarter of the Hungarian dominion in utter desolation. It was at this point, as has been stated, that the Hapsburg rulers of Austria first acquired the throne of Hungary. The death of King Louis at Mohács was followed by the election of John Zapolya as king. But the archduke Ferdinand, whose wife, Anne, was a sister of Louis, laid claim to the throne and, in November, 1527, contrived to procure an election thereto at the hand of the Diet. In 1529 the deposed Zapolya was reinstated at Buda by the Sultan. The upshot was civil war, which was terminated in 1538 by a treaty under whose terms the kingdom was divided between the two claimants. Zapolya retained approximately two-thirds of the country, while to Ferdinand was conceded the remaining portion, comprising Croatia-Slavonia and the five westernmost counties. The government which Zapolya maintained at Buda had rather the better claim to be considered the continuation of the old Hungarian monarchy; but from 1527 onwards some portion of Hungary, and eventually the whole, was attached regularly to the Hapsburg crown.
In 1540 Zapolya died and the Diet at Buda elected as king his infant son John Sigismund. On the basis of earlier pledges Ferdinand laid claim to Zapolya's possessions, but the Sultan intervened and in 1547 there was worked out a three-fold division of the kingdom, on the principle of uti possedetis, under which thirty-five counties (including Croatia and Slavonia) were assigned to Ferdinand, Transylvania and sixteen adjacent counties were retained by John Sigismund, while the remaining portions of the kingdom were annexed to the dominions of the Sultan. With frequent modifications in detail, this three-fold division persisted through the next century and a half. The period was marked by frequent wars, by political confusion, and by the assumption on the part of the Hapsburg sovereigns of an increasingly autocratic attitude in relation to their Hungarian dependencies. It was brought to a close by the Peace of Karlowitz, January 26, 1699, whereby the Hapsburg dynasty acquired dominion over the whole of Hungary, except the banat of Tamesvár, which was acquired nineteen years later.
496. Austrian Encroachment: the Pragmatic Sanction.—The immediate effect of the termination of the Turkish wars was to enhance yet further the despotism of the Hapsburgs in Hungary. In 1687 the Emperor Leopold I. induced a rump diet at Pressburg to abrogate that clause of the Golden Bull which authorized armed resistance to unconstitutional acts of the sovereign, and likewise to declare the Hungarian crown hereditary in the house of Hapsburg. After upwards of seven hundred years of existence, the elective Hungarian monarchy was brought thus to an end. In 1715 King Charles III.[648] persuaded the Diet to consent to the establishment of a standing army, recruited and supported under regulation of the Diet but controlled by the Austrian council of war. By the diet of 1722 there was established a Hungarian court of chancery at Vienna and the government of Hungary was committed to a stadtholder at Pressburg who was made independent of the Diet and responsible to the sovereign alone. The diet of 1722 likewise accepted formally the Pragmatic Sanction of 1713 by which the Emperor Charles settled the succession to his hereditary dominions, in default of male heirs, upon his daughter Maria Theresa and her heirs;[649] and in measures promulgated during the succeeding year the Emperor entered into a fresh compact with his Hungarian subjects which continued the basis of Hapsburg-Hungarian relations until 1848. On the one hand, Hungary was declared inseparable from the Hapsburg dominions, so long as there should be a legal heir; on the other, the crown was sworn to preserve the Hungarian constitution intact, with all the rights, privileges, laws, and customs of the kingdom. The net result of all of these measures, none the less, was to impair perceptibly the original autonomy of the Hungarian state.
497. The Later Eighteenth Century.—Maria Theresa cherished a genuine interest in Hungarian affairs and was deeply solicitous concerning the welfare of her Hungarian subjects. It was never her intent, however, to encourage Hungarian self-government. The constitution of the kingdom was not subverted; it was simply ignored. The Diet was summoned but seldom, and after 1764 not at all. Reforms were introduced, especially in connection with education, but through the medium of royal decrees alone. Joseph II. continued nominally the policy of enlightened despotism, but in so tactless a manner that most of his projects were brought to nought. Approaching the problem of Hungarian administration with his accustomed idealism, he undertook deliberately to sweep away not only the constitution of the kingdom but the whole body of Hungarian institutions and traditions. He refused even to be crowned king of Hungary or to recognize in any manner the established status of the country. His purpose was clearly to build of Austria and Hungary one consolidated and absolute state—a purpose which, it need hardly be remarked, failed of realization. The statesmanship of Leopold II. averted the impending revolt. The constitution was restored, the ancient liberties of the kingdom were confirmed, and it was agreed that the Diet should be assembled regularly every three years. Through a quarter of a century the principal interest of Leopold's successor, Francis II. (1792-1835),[650] was the waging of war upon revolutionary France and upon Napoleon, and during this period circumstances conspired to cement more firmly the relations between the Hapsburg monarchy and the Hungarian people. In Hungary, as in Austria, the time was one of political stagnation. Prior to 1811 the Diet was several times convened, but never for any purpose other than that of obtaining war subsidies.
III. The Era of Metternich
In the thoroughgoing reaction which set in with the Congress of Vienna it fell to Austria to play the principal rôle. This was in part because the dominions of the Hapsburgs had emerged from the revolutionary epoch virtually unscathed, but rather more by reason of the remarkable position occupied during the period 1815-1848 by Emperor Francis I.'s minister and mentor, Prince Metternich. Easily the most commanding personality in Europe, Metternich was at the same time the moving spirit in international affairs and the autocrat of Austro-Hungarian politics. Within both spheres he was, as he declared himself to be, "the man of the status quo." Innovation he abhorred; immobility he glorified. The settlement at Vienna he regarded as essentially his own handiwork, and all that that settlement involved he proposed to safeguard relentlessly. Throughout a full generation he contrived, with consummate skill, to dam the stream of liberalism in more than half of Europe.
498. Condition of the Monarchy in 1815.—In the dominions of the Hapsburgs the situation was peculiarly such as to render all change, from the point of view of Metternich, revolutionary and ruinous. In respect to territory and prestige Austria emerged from the Napoleonic wars with a distinctly improved status. But the internal condition of the monarchy, now as ever, imparted a forbidding aspect to any policy or movement which should give promise of unsettling in the minutest degree the delicate, haphazard balance that had been arrived at among the multiplicity of races, religions, and interests represented in the Emperor's dominions. In the west were the duchies, essentially German, which comprised the ancestral possessions of the Hapsburg dynasty; in the north was Bohemia, comprising, besides Bohemia proper, Silesia, and Moravia, and containing a population largely Czech; to the south lay the lately acquired Italian kingdom of Lombardo-Venetia; to the east lay the kingdom of Hungary, including the kingdom of Croatia and the principality of Transylvania, with a population preponderantly Slavic but dominated politically by the Magyars. Several of these component states retained privileges which were peculiar to themselves and were bound to the Hapsburg monarchy by ties that were at best precarious. And the differences everywhere of race, religion, language, tradition, and interest were such as to create for the Vienna Government a seemingly impossible task.
So decadent and ineffective was the Austrian administrative system when Metternich entered, in 1809, upon his ministry that not even he could have supposed that change would not eventually have to come. Change, however, he dreaded, because when change begins it is not possible to foresee how far it will go, or to control altogether the course it shall follow. Change, therefore, Metternich resisted by every available means, putting off at least as long as might be the evil day. The spirit of liberalism, once disseminated throughout the conglomerate Empire, might be expected to prompt the various nationalities to demand constitutions; constitutions would mean autonomy; and autonomy might well mean the end of the Empire itself. Austria entered upon the post-Napoleonic period handicapped by the fact that the principle upon which Europe during the nineteenth century was to solve many of her problems—the principle of nationality—contained for her nought but the menace of disintegration. Conservatism, as one writer has put it, was imposed upon the Empire by the very conditions of its being.
499. Metternich's System: the Rise of Liberalism.—The key to Austrian history during the period 1815—1848 is, then, the maxim of the Emperor Francis, "Govern and change nothing." In Hungary government was nominally constitutional; elsewhere it was frankly absolute. The diets of the component parts of the Empire were not abolished, nor were the estates of the several Austrian provinces. But, constituted as they generally were on an aristocratic basis and convened but irregularly and for brief periods, their existence was a source neither of embarrassment to the Government nor of benefit to the people. "I also have my Estates," declared the Emperor upon one occasion. "I have maintained their constitution, and do not worry them; but if they go too far I snap my fingers at them or send them home." The Diet of Hungary was not once convened during the years 1812-1825. On the side of administration Metternich did propose that the various executive departments, hitherto gathered under no common management nor correlated in any degree whatsoever, should be brought under the supervision of a single minister. But not even this project was carried out effectively. Throughout the period the central government continued cumbersome, disjointed, and inefficient.
With every passing decade the difficulties of the Government were augmented. Despite a most extraordinary censorship of education and of the press, western liberalism crept slowly into the Empire and the spirit of disaffection laid hold of increasing numbers of people. The revolutions of 1820 passed without eliciting response; those of 1830 occasioned but a ripple. But during the decade 1830-1840, and especially after 1840, the growth of liberalism was rapid. In 1835 the aged Francis I. was succeeded by Ferdinand I., but as the new sovereign was mentally incapacitated the dominance of Metternich continued unimpaired.[651] In Bohemia, Hungary, and elsewhere there were revivals of racial enthusiasm and of nationalistic aspirations which grew increasingly ominous. The Hungarian diet of 1844 substituted as the official language of the chambers Magyar for Latin, and during the forties there was built up, under the leadership of Louis Kossuth and Francis Deák, a flourishing Liberal party, whose aim was the re-establishment of the autonomy of the kingdom and the thoroughgoing reform of the government. By 1847-1848 this party was insisting strenuously upon the adoption of its "Ten Points," in which were included a responsible ministry, the abolition of serfdom, equality of citizens before the law, complete religious liberty, fuller representation in the Diet, taxation of the nobles, and control by the Diet of all public expenditures.[652]
IV. The Revolution of 1848
500. The Fall of Metternich.—The crash came in 1848. Under the electrifying effect of the news of the fall of Louis Philippe at Paris (February 24), and of the eloquent fulminations of Kossuth, translated into German and scattered broadcast in the Austrian capital, there broke out at Vienna, March 12-13, an insurrection which instantly got quite beyond the Government's power to control. Hard fighting took place between the troops and the populace, and an infuriated mob, breaking into the royal palace, called with an insistence that would not be denied for the dismissal of Metternich. Recognizing the uselessness of resistance, the minister placed in the hands of the Emperor his resignation and, effecting an escape from the city, made his way out of the country and eventually to England. March 15 there was issued a hurriedly devised Imperial proclamation, designed to appease the populace, in which was promised the convocation of an assembly with a view to the drafting of a national constitution.
501. Hungary: the March Laws.—On the same day the Diet of Hungary, impelled by the oratory of Kossuth, began the enactment of an elaborate series of measures—the so-called March Laws—by which was carried rapidly toward completion a programme of modernization which, in the teeth of Austrian opposition, had been during some years under way. The March Laws fell into two principal categories. The first dealt with the internal government of the kingdom, the second with the relations which henceforth were to subsist between Hungary and the Austrian Empire. For the ancient aristocratic machinery of the monarchy was substituted a modern constitutional system of government, with a diet whose lower chamber, of 337 members, was to be elected by all Hungarians of the age of twenty who possessed property to the value of approximately $150. Meetings of this diet were to be annual and were to be held, no longer at Pressburg, near the Austrian border, but at the interior city of Budapest, the logical capital of the kingdom. Taxation was extended to all classes; feudal servitudes and titles payable by the peasantry were abolished; trial by jury, religious liberty, and freedom of the press were guaranteed. In the second place, it was stipulated that henceforth Hungary should have an entirely separate and a responsible ministry, thus ensuring the essential autonomy of the kingdom. The sole tie remaining between the two monarchies was to be the person of the sovereign. Impelled by the force of circumstances, the Government at Vienna designated Count Louis Batthyány premier of the first responsible Hungarian ministry and, April 10, accorded reluctant assent to the March Laws. These statutes, though later subverted, became thenceforth the Grundrechte of the Hungarian people.
502. The Austrian Constitution of 1848.—In the meantime, the Austrians were pressing their demand for constitutionalism. The framing of the instrument which had been promised was intrusted by the Emperor to the ministers, and early in April there was submitted to an informal gathering of thirty notables representing various portions of the Empire a draft based upon the Belgium constitution of 1831. This instrument was given some consideration in several of the provincial diets, but was never submitted, as it had been promised in the manifesto of March 15 it should be, to the Imperial Diet, or to any sort of national assembly. Instead it was promulgated, April 25, on the sole authority of the Emperor. The territories to which it was made applicable comprised the whole of the Emperor's dominions, save Hungary and the other Transleithanian lands and the Italian dependencies. By it the Empire was declared an indissoluble constitutional monarchy, and to all citizens were extended full rights of civil and religious liberty. There was instituted a Reichstag, or general diet, to consist of an upper house of princes of the royal family and nominees of the landlords, and a lower of 383 members, to be elected according to a system to be devised by the Reichstag itself. All ministers were to be responsible to this diet. July 22 there was convened at Vienna the first assembly of the new type, and the organization of constitutional government was put definitely under way.
503. The Reaction.—Recovery, however, on the part of the forces of reaction was rapid. In Hungary the same sort of nationalistic feeling that had inspired the Magyars to assert their rights as against Austria inspired the Serbs, the Croats, and the Roumanians to demand from the Magyar Government a recognition of their several traditions and interests. The purpose of the Magyars, however, was to maintain absolutely their own ascendancy in the kingdom, and every demand on the part of the subject nationalities met only with contemptuous refusal. Dissatisfaction bred dissension, and dissension broke speedily into civil war. With consummate skill the situation was exploited by the Vienna Government, while at the same time the armies of Radetzky and Windischgrätz were stamping out every trace of insurrection in Lombardo-Venetia, in Bohemia, and eventually in Vienna itself. December 2, 1848, the easy-going, incompetent Emperor Ferdinand was induced by the reactionaries to abdicate. His brother, Francis Charles, the heir-presumptive, renounced his claim to the throne, and the crown devolved upon the late Emperor's youthful nephew, Francis Joseph I., whose phenomenally prolonged reign has continued to the present day. Under the guidance of Schwarzenberg, who now became the dominating figure in Austrian politics, the Hungarian March Laws were abrogated and preparations were set on foot to reduce Hungary, as other portions of the Imperial dominions had been reduced, by force of arms. Pronouncing Francis Joseph a usurper, the Magyars rose en masse in defense of their constitution and of the deposed Ferdinand. In the conflict which ensued they were compelled to fight not only the Austrians but also their rebellious Roumanian, Croatian, and Slavonian subjects, and their chances of success were from the outset slender. In a moment of exultation, April 14, 1849, the Diet at Budapest went so far as to declare Hungary an independent nation and to elect Kossuth to the presidency of a supposititious republic. The only effect, however, was to impart to the contest an international character. Upon appeal from Francis Joseph, Tsar Nicholas I. intervened in behalf of the "legitimate" Austrian power; whereupon the Hungarians, seeking in vain for allies, were overcome by the weight of the odds against them, and by the middle of August, 1849, the war was ended.
504. Restoration of Autocracy.—In Austria and Hungary alike the reaction was complete. In the Empire there had been promulgated, March 4, 1849, a revised constitution; but at no time had it been intended by the sovereign or by those who surrounded him that constitutionalism should be established upon a permanent basis, and during 1850-1851 one step after another was taken in the direction of the revival of autocracy. December 31, 1851, "in the name of the unity of the Empire and of monarchical principles," the constitution was revoked by Imperial patent. At a stroke all of the peoples of the Empire were deprived of their representative rights. Yet so incompletely had the liberal régime struck root that its passing occasioned scarcely a murmur. Except that the abolition of feudal obligations was permanent, the Empire settled back into a status which was almost precisely that of the age of Metternich. Vienna became once more the seat of a government whose fundamental objects may be summarized as (1) to Germanize the Magyars and Slavs, (2) to restrain all agitation in behalf of constitutionalism; and (3) to prevent freedom of thought and the establishment of a free press. Hungary, by reason of her rebellion, was considered to have forfeited utterly the fundamental rights which for centuries had been more or less grudgingly conceded her. She not only lost every vestige of her constitutional system, her diet, her county assemblies, her local self-government; large territories were stripped from her, and she was herself cut into five districts, each to be administered separately, largely by German officials from Vienna. So far as possible, all traces of her historic nationality were obliterated.[653]
V. The Revival of Constitutionalism: the Ausgleich
505. Constitutional Experiments, 1860-1861.—The decade 1850-1860 was in Austria-Hungary a period of political and intellectual torpor. Embarrassed by fiscal difficulties and by international complications, the Government at Vienna struggled with desperation to maintain the status quo as against the numerous forces that would have overthrown it. For a time the effort was successful, but toward the close of the decade a swift decline of Imperial prestige compelled the adoption of a more conciliatory policy. The Crimean War cost the Empire both allies and friends, and the disasters of the Italian campaigns of 1859 added to the seriousness of the Imperial position. By 1860 both the Emperor and his principal minister, Goluchowski, were prepared to undertake in all sincerity a reformation of the illiberal and unpopular governmental system. To this end the Emperor called together, March 5, 1860, representatives of the various provinces and instructed them, in conjunction with the Reichsrath, or Imperial Council, to take under consideration plans for the reorganization of the Empire. The majority of this "reinforced Reichsrath" recommended the establishment permanently of a broadly national Reichsrath, or Imperial assembly, together with the reconstitution of the old provincial diets. The upshot was the promulgation, October 20, 1860, of a "permanent and irrevocable" diploma in which the Emperor made known his intention thereafter to share all powers of legislation and finance with the diets of the various portions of the Empire, and with a central Reichsrath at Vienna, the latter to be made up of members chosen by the Emperor from triple lists of nominees presented by the provincial diets.
In Hungary this programme was received with favor by the conservative magnates, but the Liberals, led by Deák, refused absolutely to approve it, save on the condition that the constitutional régime of the kingdom, abrogated in 1849, should be regarded as completely restored. At Vienna there had been no intention that the proposed innovation should entail such consequences, and within four months of its promulgation the diploma of 1860 was superseded by a patent of February 26, 1861, whereby the terms demanded by the Deák party were specifically denied. In this patent—the handiwork principally of Anton von Schmerling, Goluchowski's successor in the office of Minister of the Interior—was elaborated further the plan of the new Reichsrath. Two chambers there were to be—an upper, or House of Lords, to be made up of members appointed by the Emperor in consideration of birth, station, or merits and a lower, or House of Representatives, to consist of 343 members (Hungary sending 85 and Bohemia 54), to be chosen by the provincial diets from their own membership. Sessions of the body were to be annual. The new instrument differed fundamentally from the old, not simply in that it substituted a bicameral for a unicameral parliamentary body, but also in that it diverted from the local diets to the Reichsrath a wide range of powers, being designed, indeed, specifically to facilitate the centralization of governmental authority.
506. The Hungarian Opposition.—By reason chiefly of the refusal of the Deák party to accept for Hungary anything short of the autonomy which had been enjoyed prior to 1849, the new scheme of government was for a time only partially successful. In one after another of the component parts of the Empire the provincial diets were called back to life, and the Reichsrath itself was started upon its career. But the Hungarians held aloof. The position which they assumed was that Hungary had always been a separate nation; that the union with Austria lay only through the person of the monarch, who, indeed, in Hungary was king only after he should have sworn to uphold the ancient laws of Hungary and should have been crowned in Hungary with the iron crown of St. Stephen; that no change in these ancient laws and practices could legally be effected by the emperor-king alone; that the constitution of 1861 was inadequate, not only because it had been "granted" and might as easily be revoked, but because it covered both Austria and Hungary; reduced Hungary to the position of a mere province, and was not at all identical with the Hungarian fundamental law abrogated in 1849. April 6, 1861, the Hungarian Diet was assembled for the first time since the termination of the revolution of 1848, and the patent of the preceding February 26 was laid forthwith before it. After four months of heated debate the body refused definitely to accept the instrument and, on the contrary, adopted unanimously an address drawn up by Deák calling upon the Vienna authorities to restore the political and territorial integrity of the Hungarian kingdom. The sovereign's reply was a dissolution of the Diet, August 21, and a levy of taxes by military execution. Hungary, in turn, refused to be represented in the Reichsrath, or in any way to recognize the new order.
507. Influences toward Conciliation.—Through four years the deadlock continued. During the period Hungary, regarded by the authorities at Vienna as having forfeited the last vestige of right to her ancient constitution, was kept perpetually in a stage of siege. As time went by, however, it was made increasingly apparent that the surrender by which concord might be restored would have to be made in the main by Austria, and at last the Emperor was brought to a point where he was willing, by an effectual recognition of Hungarian nationality, to supply the indispensable condition of reconciliation. In June, 1865, the sovereign paid a visit to the Hungarian capital, where he was received with unexpected enthusiasm, and September 20 the patent of 1861, which the Hungarians had refused to allow to be put into execution, was suspended. For the moment the whole of the Hapsburg dominion reverted to a state of absolutism; but negotiations were set on foot looking toward a revival of constitutionalism under such conditions that the demands of the Hungarians might be brought into harmony with the larger interests of the Empire. Proceedings were interrupted, in 1866, by the Austro-Prussian war, but in 1867 they were pushed to a conclusion. In anticipation of the international outbreak which came in June, 1866, Deák had reworked a programme of conciliation drawn up in the spring of 1865, holding it in readiness to be employed as a basis of negotiation in the event of an Austrian triumph, as an ultimatum in the event of an Austrian defeat. The Austrians, as it proved, were defeated swiftly and decisively, and by this development the Hungarians, as Deák had hoped would be the case, were given an enormously advantageous position. Humiliated by her expulsion from a confederation which she had been accustomed to dominate, Austria, after the Peace of Prague (August 20, 1866), was no longer in a position to defy the wishes of her disaffected sister state. On the contrary, the necessity of the consolidation of her resources was never more apparent.
508. The Compromise Effected, 1867.—July 3 occurred the disaster at Sadowa. July 15 the Emperor summoned Deák to Vienna and put to him directly the question, What does Hungary want? Two days later he accorded provisional assent to the fundamentals of the Deák projet and designated as premier of the first parliamentary ministry of Hungary Count Julius Andrássy. The working out of the precise settlement between the two states fell principally to two men—Deák, representing the Hungarian Liberals, and Baron Beust, formerly chief minister of the king of Saxony but in 1866 brought to Vienna and made Austrian chancellor and minister-president. After prolonged negotiation a projet, differing from the original one of Deák in few respects save that the unity of the monarchy was more carefully safeguarded, was made ready to be acted upon by the parliaments of the two states. February 17, 1867, the Andrássy ministry was formed at Budapest and May 29, by a vote of 209 to 89, the terms of the Ausgleich, or Compromise, were given formal approval by the Diet. At Vienna the Reichsrath would probably have been disposed to reject the proposed arrangement but for the fact that Beust held out as an inducement the re-establishment of constitutionalism in Austria. The upshot was that the Reichsrath added some features by which the projet was liberalized still further and made provision at the same time for the revision and rehabilitation of the Imperial patent of 1861. During the summer two deputations of fifteen members each, representing the respective parliaments, drew up a plan of financial adjustment between the two states; and by acts of December 21-24 final approval was accorded on both sides to the whole body of agreements. Already, June 8, in the great cathedral at Buda, Francis Joseph had been crowned Apostolic King of Hungary and the royal succession under the terms of the Pragmatic Sanction of 1713, after eighteen years of suspension, had been definitely resumed.[654]
CHAPTER XXV
THE GOVERNMENT AND PARTIES OF AUSTRIA
I. The Constitution
509. Texts.—The fundamental law of the Austrian Empire,[655] in so far as it has been reduced to writing, exists in the form of a series of diplomas, patents, and statutes covering, in all, a period of some two hundred years. Of these instruments the most important are: (1) the Pragmatic Sanction of the Emperor Charles VI., promulgated originally April 19, 1713, and in final form in 1724, by which is regulated the succession to the throne; (2) the Pragmatic Patent of the Emperor Francis II., August 1, 1804, in accordance with which the sovereign bears in Austria the Imperial title; (3) the diploma of the Emperor Francis Joseph I., October 20, 1860, by which was introduced in the Empire the principle of constitutional government; (4) the patent of Francis Joseph, February 26, 1861, by which was regulated in detail the nature of this government; and (5) a series of five fundamental laws (Staatsgrundgesetze), all bearing the date December 21, 1867, and comprising a thoroughgoing revision and extension of the patent of 1861. In a narrower sense, indeed, the constitution may be said to consist of these five documents, all of which were sanctioned by the crown as a portion of the same general settlement by which the arrangements comprehended in the Ausgleich were effected. Of them, one, in twenty articles, is essentially a bill of rights; a second, in twenty-four sections, is concerned with Imperial representation; a third, in six articles, provides for the establishment of the Reichsgericht, or Imperial court; a fourth, in fifteen articles, covers the subject of the judiciary; and the fifth, in twelve articles, deals with the exercise of administrative and executive powers.
510. The Style of Government.—Under the provisions of these instruments Austria is constituted a limited monarchy, with a responsible ministry, a bicameral legislative body, and a considerable measure of local self-government. For the exercise, upon occasion, of essentially autocratic power, however, the way was left open through the famous Section 13 of the patent of 1861, become Section 14 of the Law concerning Imperial Representation of 1867. Around no portion of the constitution has controversy raged more fiercely during the past generation. The article reads: "If urgent circumstances should render necessary some measure constitutionally requiring the consent of the Reichsrath, when that body is not in session, such measure may be taken by Imperial ordinance, issued under the collective responsibility of the ministry, provided it makes no alteration of the fundamental law, imposes no lasting burden upon the public treasury, and alienates none of the domain of the state. Such ordinances shall have provisionally the force of law, if they are signed by all of the ministers, and shall be published with an express reference to this provision of the fundamental law. The legal force of such an ordinance shall cease if the Government neglects to present it for the approval of the Reichsrath at its next succeeding session, and indeed first to the House of Representatives, within four weeks of its convention, or if one of the houses refuses its approval thereto."[656] The prolonged exercise of autocratic power might seem here to be sufficiently guarded against, but in point of fact, as was demonstrated by the history of the notable parliamentary deadlock of 1897—1904[657], the government can be, and has been, made to run year after year upon virtually the sole basis of the article mentioned. It is only fair to add, however, that, but for some such practical resource at the disposal of the executive, constitutional government might long since have been broken down completely by the recurrent obstructive tactics of the warring nationalities.
511. Amendment.—The constitution promulgated March 4, 1849, made provision for a definite process of amendment. Upon declaration by the legislative power that any particular portion of the fundamental law stood in need of revision, the chambers were to be dissolved and newly elected ones were to take under consideration the proposed amendment, adopting it if a two-thirds majority could be obtained in each house. Upon all such proposals the veto of the Emperor, however, was absolute. Neither the diploma of October 20, 1860, nor the patent of February 26, 1861, contained any stipulation upon the subject, nor did any one of the fundamental laws of 1867 as originally adopted. By act of April 2, 1873, however, passed at the time when the lower house of the Reichsrath was being converted into an assembly directly representative of the people, the Law concerning Imperial Representation was so modified as to be made to include a specific stipulation with respect to constitutional amendment in general. Under the terms of this enactment all portions of the written constitution are subject to amendment at the hand of the Reichsrath. As in European countries generally, no essential differentiation of powers that are constituent from those that are legislative is attempted. The process of revision is made even easier than that prescribed by the ill-fated instrument of 1849. It differs in no respect from that of ordinary legislation save that proposed amendments require a two-thirds vote in each of the chambers instead of a simple majority. Since 1873 there have been adopted several amendments, of which the most notable were those of 1896 and 1907 relative to the election of representatives.
512. The Rights of Citizens.—For all natives of the various kingdoms and countries represented in the Reichsrath there exists a common right of Austrian citizenship. The complicated conditions under which citizenship may be obtained, exercised, and forfeited are prescribed in legislative enactments of various dates. One of the five fundamental laws of 1867, however, covers at some length the general rights of citizens, and certain of its provisions are worthy of mention.[658] All citizens, it is declared, are equal before the law. Public office is open equally to all. Freedom of passage of persons and property, within the territory of the state, is absolutely guaranteed, as is both liberty of person and inviolability of property. Every one is declared free to choose his occupation and to prepare himself for it in such place and manner as he may desire. The right of petition is recognized; likewise, under legal regulation, that of assemblage and of the formation of associations. Freedom of speech and of the press, under legal regulation, and liberty of religion and of conscience are guaranteed to all. Science and its teaching is declared free. One has but to recall the repression of individual liberty and initiative by which the era of Metternich was characterized to understand why, with the liberalizing of the Austrian state under the constitution of 1867, it should have been deemed essential to put into the fundamental law these and similar guarantees of personal right and privilege.[659]
II. The Crown and the Ministry
513. The Emperor's Status.—The sovereign authority of the Empire is vested in the Emperor. Duties are assigned to the ministers, and privileges are granted to the legislative bodies; but all powers not expressly conferred elsewhere remain with the Emperor as supreme head of the state. The Imperial office is hereditary in the male line of the house of Hapsburg-Lothringen, and the rules governing the succession are substantially those which were laid down originally in the Pragmatic Sanction of 1713[660] promulgated by the Emperor Charles VI. to render possible the succession of his daughter Maria Theresa. Females may inherit, but only in the event of the failure of male heirs. By the abdication of the direct heir, the throne may pass to a member of the royal family who stands farther removed, as it did in 1848 when the present Emperor was established on the throne while his father was yet living. By reason of the unusual prolongation of the reign of Francis Joseph, there has been no opportunity in sixty years to put to a test the rules by which the inheritance is regulated. Since the death of the Crown Prince Rudolph the heir-presumptive has been the Archduke Francis Ferdinand, son of the Archduke Charles Louis, and nephew of the ruling Emperor. It is required that the sovereign be a member of the Roman Catholic Church.
514. His Powers.—By fundamental law it is declared that the Emperor is "sacred, inviolable, and irresponsible." His powers of government are exercised largely, however, through ministers who are at least nominally responsible to the Reichsrath, and through officers and agents subordinate to them. Most important among the powers expressly conferred upon the Emperor, and indirectly exercised by him, are: (1) the appointment and dismissal of ministers; (2) the naming of all public officials whose appointment is not otherwise by law provided for; (3) supreme command of the armed forces, with the power of declaring war and concluding peace; (4) the conferring of titles, orders, and other public distinctions, including the appointment of life peers; (5) the granting of pardons and of amnesty; (6) the summoning, adjourning, and dissolving of the various legislative bodies; (7) the issuing of ordinances with the provisional force of law, and (8) the concluding of treaties, with the limitation that the consent of the Reichsrath is essential to the validity of treaties of commerce and political treaties which impose obligations upon the Empire, upon any part thereof, or upon any of its citizens. Further than this, the right to coin money is exercised under the authority of the Emperor; and the laws are promulgated, and all judicial power is exercised, in his name. Before assuming the throne, the Emperor is required to take a solemn oath in the presence of the two houses of the Reichsrath "to maintain inviolable the fundamental laws of the kingdoms and countries represented in the Reichsrath, and to govern in conformity with them, and in conformity with the laws in general."[661] The present Emperor-King has a civil list of 22,600,000 crowns, half of which is derived from the revenues of Austria and half from those of Hungary. The Imperial residence in Vienna, the Hofburg, has been the seat of the princes of Austria since the thirteenth century.
515. The Ministers: Responsibility.—The Austrian ministry comprises portfolios as follows: Finance, the Interior, Railways, National Defense, Agriculture, Justice, Commerce, Labor, and Instruction and Worship. Three important departments—those of War, Finance, and Foreign Affairs and the Imperial and Royal House—are maintained by the affiliated monarchies in common.[662] And there are usually from one to four ministerial representatives of leading racial elements without portfolio, there being in the present cabinet one such minister for Galicia. All ministers are appointed and dismissed by the Emperor. Under the leadership of a president of the council or premier (without portfolio), they serve as the Emperor's councillors, execute his will, and administer the affairs of their respective branches of the public service. It is provided by fundamental law that they shall be responsible for the constitutionality and legality of governmental acts performed within the sphere of their powers.[663] They are responsible to the two branches of the national parliament alike, and may be interpellated or impeached by either. For impeachment an elaborate procedure is prescribed, though thus far it has not proved of practical utility. Every law promulgated in the Emperor's name must bear the signature of a responsible minister, and several sorts of ordinances—such as those proclaiming a state of siege or suspending the constitutional rights of a citizen—require the concurrent signature of the entire ministry. Every minister possesses the right to sit and to speak in either chamber of the Reichsrath, where the policy of the Government may call for explanation or defense, and where there are at least occasional interpellations to be answered.
Nominally, the parliamentary system is in vogue, but at best it operates only indifferently. Supposedly responsible, collectively and individually, to the Reichsrath, the ministers are in practice far more dependent upon the Emperor than upon the chambers. In France the inability of political parties to coalesce into two great opposing groups largely defeats the best ends of the parliamentary system. In Austria the numerous and ineradicable racial divisions deflect the system further still from the lines upon which theoretically it should operate. No political group is sufficiently powerful to rule alone, and no working affiliation can long be made to subsist. The consequence is, not only that the Government can ordinarily play off one faction against another and secure pretty much its own way, but also that the responsibility of the ministers to the chambers is much less effective in practice than on paper it appears to be.[664]
III. The Reichsrath—the Electoral System
516. The House of Lords.—The Reichsrath consists of two chambers. The upper is known as the Herrenhaus, or House of Lords; the lower, as the Abgeordnetenhaus, or House of Representatives. The Herrenhaus consists of a somewhat variable number of men who sit in part by ex-officio right, in part by hereditary station, and in part by special Imperial appointment. At the close of 1910 there were in the chamber 266 members, distributed as follows: (1) princes of the Imperial family who are of age, 15; (2) nobles of high rank qualified by the possession of large estates and nominated to an hereditary seat by the Emperor, 74; (3) ecclesiastics—10 archbishops and 8 bishops—who are of princely title inherent in their episcopal seats, 18; and (4) persons nominated by the Emperor for life in recognition of special service rendered to the state or the Church, or unusual distinction attained in literature, art, or science, 159. By law of January 26, 1907, the number of members in the last-mentioned group may not exceed 170, nor be less than 150.[665] Within these limits, the power of the Emperor to create life peers is absolute. The prerogative is one which has several times been exercised to facilitate the enactment of measures upon whose adoption the Government was determined. The president and vice-president of the chamber are appointed from its members by the Emperor at the beginning of each session; but the body chooses all of its remaining officers. The privileges and powers of the Herrenhaus are co-ordinate with those of the Abgeordnetenhaus, save that money bills and bills fixing the number of military recruits must be presented first in the lower chamber.
517. The House of Representatives: Composition.—The lower chamber, as constituted by fundamental law of 1867, was made up of 203 representatives, apportioned among the several provinces and elected by the provincial diets. The system worked poorly, and a law of 1868 authorized the voters of a province to elect the stipulated quota of representatives in the event that the Diet failed to do so. Still there was difficulty, arising largely from the racial rivalries in the provinces, and by an amendment of April 2, 1873, the right of election was vested exclusively in the enfranchised inhabitants of the Empire. The number of members was at the same time increased to 353, though without modifying the proportion of representatives of the various provinces. Further amendment, in 1896, brought up the membership to 425, where it remained until 1907, when it was raised to the present figure, 516.
518. Early Electoral Arrangements: Law of 1873.—The broadly democratic electoral system which prevails in the Austrian dominions to-day is a very recent creation. With the introduction of constitutionalism in 1867 the problem of the franchise became one of peculiar and increasing difficulty, and the process by which the Empire has been brought laboriously to its present condition of democracy has constituted one of the most tortuous chapters in recent political history. The conditions by which from the outset the problem was complicated were three in number: first, the large survival of self-assertiveness on the part of the various provinces among whom parliamentary representatives were to be distributed; second, the keenness of the ambitions of the several racial elements for parliamentary power; and third, the utter lack of experience and of traditions on the part of the Austrian peoples in the matter of democratic government.
When, in 1873, the right of electing deputies was withdrawn from the provincial diets it was conferred, without the establishment of a new electorate, upon those elements of the provincial populations which had been accustomed to take part in the election of the local diets. These were four in number: (1) the great landowners, comprising those who paid a certain land tax, varying in the several provinces from 50 to 250 florins ($20 to $100), and including women and corporations; (2) the cities, in which the franchise was extended to all males of twenty-four who paid a direct tax of ten gulden annually; (3) chambers of commerce and of industry; and (4) rural communes, in which the qualifications for voting were the same as in the cities. To each of these curiæ, or classes, the law of 1873 assigned a number of parliamentary representatives, to be elected thereafter in each province directly by the voters of the respective classes, rather than indirectly through the diets. The number of voters in each class and the relative importance of the individual voter varied enormously. In 1890, in the class of landowners there was one deputy to every 63 voters; in the chambers of commerce, one to every 27; in the cities, one to every 2,918; and in the rural districts, one to every 11,600.[666]
519. The Taaffe Electoral Bill of 1893.—During the period covered by the ministry of Count Taaffe (February, 1879, to October, 1893) there was growing demand, especially on the part of the Socialists, Young Czechs, German Nationalists, and other radical groups, for a new electoral law, and during the years 1893-1896 this issue quite overshadowed all others. In October, 1893, Taaffe brought forward a sweeping electoral measure which, if it had become law, would have transferred the bulk of political power to the working classes, at the same time reducing to impotence the preponderant German Liberal party. The measure did not provide for the general, equal, and direct suffrage for which the radicals were clamoring, and by which the number of voters would have been increased from 1,700,000 to 5,500,000. But it did contemplate the increase of the electorate to something like 4,000,000. This it proposed to accomplish by abolishing all property qualifications of voters in the cities and rural communes[667] and by extending the voting privilege to all adult males who were able to read and write and who had resided in their electoral district a minimum of six months. To avoid the danger of an excess of democracy Taaffe planned to retain intact the curiæ of landed proprietors and chambers of commerce, so that it would still be true that 5,402 large landholders would be represented in the lower house by 85 deputies, the chambers of commerce by 22, and the remainder of the nation—some 24,000,000 people—by 246. Impelled especially by fear of socialism, the Conservatives, the Poles, the German Liberals, and other elements opposed the project, and there never was any real chance of its adoption. By reason of its halfway character the Socialists, in congress at Vienna in March, 1894, condemned it as "an insult to the working classes." Even in Hungary (which country, of course, the measure did not immediately concern) there was apprehension, the ruling Magyars fearing that the adoption of even a partial universal suffrage system in the affiliated state would prompt a demand on the part of the numerically preponderant Slavic populations of Hungary for the same sort, of thing. Anticipating defeat, Taaffe resigned, in October, 1893, before the measure came to a vote.
520. The Electoral Law of 1896.—Under the Windischgrätz and Kielmansegg ministries which succeeded no progress was realized, but the cabinet of the Polish Count Badeni, constituted October 4, 1895, made electoral reform the principal item in its programme and succeeded in carrying through a measure which, indeed, was but a caricature of Taaffe's project, but which none the less marked a distinct stage of progress toward the broad-based franchise for which the radicals were clamoring. The Government's bill was laid before the Reichsrath, February 16, 1896, and was adopted unchanged within the space of two weeks. The general suffrage which the Socialists demanded was established, for the election, however, not of the 353 representatives already composing the lower chamber, but merely of a body of 72 new representatives to be added to the present membership. In the choice of these 72 additional members every male citizen twenty-four years of age who had resided in a given district as much as six months prior to an election was to be entitled to participate; but elections were to be direct only in those districts in which indirect voting had been abolished by provincial legislation. Votes were to be cast, as a rule, by ballot, though under some circumstances orally. All pre-existing classes of voters were left unchanged, and to them was simply added a fifth. The aggregate number of electors in the Empire was raised to 5,333,000. Of the number, however, the 1,732,000 comprised in the original four curiæ were still to elect 353 of the 425 members of the chamber, with the further inequity that many of the persons who profited by the new arrangement were included already in one or another of the older classes, and hence were vested by it with a plural vote. Although, therefore, the voting privilege was now conferred upon millions of small taxpayers and non-taxpayers who never before had possessed it, the nation was still very far from a fair and democratic suffrage system.
521. Renewed Agitation: the Universal Suffrage Law of 1907.—Throughout the decade following 1896 electoral agitation was continuous and widespread, but not until 1905 did the situation become favorable for further reform. In September of the year mentioned Francis Joseph approved the proposal that universal suffrage be included in the programme of the Fejérváry cabinet in Hungary, and the act was taken at once to mean that the sovereign had arrived at the conclusion that the democratizing of the franchise was inevitable in all of his dominions. In point of fact, by reason of the prolonged parliamentary crisis of late years at Vienna, the Emperor was fast arriving at precisely such a conclusion. Stimulated by current developments in Hungary and in Russia, the Austrian Socialists, late in 1905, entered upon a notable series of demonstrations, and, November 28, Premier Gautsch was moved to pledge the Government to introduce forthwith a franchise reform bill based upon the principle of universal suffrage. February 23, 1906, the promise was redeemed by the presentation in the Reichsrath of proposals for (1) the abolition of the system of electoral curiæ, (2) the extension of an equal franchise to all males over twenty-four years of age and resident in their district a year, (3) the division of Austria racially into compartments so that each ethnic group might be protected against its rivals, and (4) the increase of the number of seats from 425 to 455, a fixed number to be allotted to each province, and in each province to each race, in accordance with numbers and taxpaying capacity.
The outlook for the bill in which these proposals were incorporated was at first not promising. The Social Democrats, the Christian Socialists, and the Young Czechs were favorable; the Poles were reserved in their attitude, but inclined to be hostile; practically all of the German Liberals were opposed; and the landed proprietors, long accustomed to dominate within the preponderant German element in the Reichsrath, were violently hostile. In April, 1906, while the bill was pending, the Gautsch ministry found itself without a parliamentary majority and was succeeded by a ministry made up by Prince Hohenlohe-Schillingsfürst. This ministry lasted but six weeks, and June 2 the coalition cabinet of Baron Beck assumed office. Convinced that the establishment of universal and direct suffrage would afford the best means of stimulating loyalty to the dynasty, as well as the only practicable means of freeing the Government from parliamentary obstructionism, Emperor Francis Joseph accorded the Beck ministry his earnest support in its purpose to push to a conclusion the task of electoral reform. The effort attained fruition in the memorable Universal Suffrage Law passed by both houses of the Reichsrath in the closing days of 1906 and approved by the Emperor January 26 of the following year. The measure, which was in form an amendment of the fundamental law of December 21, 1867, concerning Imperial Representation, was opposed by the conservative and aristocratic members of both houses and by the extremer representatives of the various nationalities; but, like other portions of the constitutional system of the Empire, it may not be amended save by a two-thirds vote of both houses, and it is likely to endure through a considerable period unchanged.
522. Racial and Geographical Distribution of Seats.—In the course of the prolonged negotiations between the Government and representatives of the various nationalities by which the preparation of the law was attended there was worked out a fresh allotment of seats to the several racial groups of the Empire, in proportion, roughly, to taxpaying capacity. The total number of seats was raised from 425 to 516. Their distribution among the races, as compared with that formerly existing, was arranged as follows:[668]
| Before 1907 | After 1907 | |||
| Germans of all parties | 205 | 233 | ||
| Czechs | 81 | 108 | ||
| Poles | 71 | 80 | ||
| South Slavs (Slovenes, Croats, Serbs) | 27 | 37 | ||
| Ruthenes | 11 | 34 | ||
| Italians | 18 | 19 | ||
| Roumanians | 5 | 5 | ||
| —— | —— | |||
| 418 | 516 | |||
The striking feature of this readjustment is, of course, the increased number of seats assigned to the non-German nationalities. In proportion strictly to population, the Germans still possess a larger number of seats than that to which they are entitled. But the aggregate is only 233, while the aggregate of Slavic seats is 259. Even if the former German-Italian bloc were still effective it could control a total of only 257 votes; but, in point of fact, the Italians in the Reichsrath to-day are apt to act with the Slavs rather than with the Germans.
After decision had been reached regarding the distribution of seats in accordance with races it remained to effect a distribution geographically among the provinces of the Empire. To each of the several provinces was assigned an aggregate quota which, in turn, was distributed within the province among the racial groups represented in the provincial population. The allotment made, in comparison with that prevailing under the law of 1896, was as follows:
| Before 1907 | After 1907 | |||
| Kingdom of Bohemia | 110 | 130 | ||
| Kingdom of Galicia and Lodomeria, with the grand-duchy of Cracow | 78 | 106 | ||
| Archduchy of Lower Austria | 46 | 64 | ||
| Margravate of Moravia | 43 | 49 | ||
| Duchy of Styria | 27 | 30 | ||
| Princely County of Tyrol | 21 | 25 | ||
| Archduchy of Upper Austria | 20 | 22 | ||
| Duchy of Upper and Lower Silesia | 12 | 15 | ||
| Duchy of Bukovina | 11 | 14 | ||
| Duchy of Carniola | 11 | 12 | ||
| Kingdom of Dalmatia | 11 | 11 | ||
| Duchy of Carinthia | 10 | 10 | ||
| Duchy of Salsburg | 6 | 7 | ||
| Margravate of Istria | 5 | 6 | ||
| Princely County of Görz and Gradisca | 5 | 6 | ||
| City of Trieste and its territory | 5 | 5 | ||
| Territory of Vorarlberg | 4 | 4 | ||
| —— | —— | |||
| 425 | 516 | |||
523. Electoral Qualifications and Procedure.—By the law of 1907 the class system of voting was abolished entirely in national elections, and in its stead was established general, equal, and direct manhood suffrage. With insignificant exceptions, every male citizen who has attained the age of twenty-four, and who, at the time the election is ordered, has resided during at least one year in the commune in which the right to vote is to be exercised, is qualified to vote for a parliamentary representative. And any male thirty years of age, or over, who has been during at least three years a citizen, and who is possessed of the franchise, is eligible to be chosen as a representative. Voting is by secret ballot, and an absolute majority of all votes cast is necessary for a choice. In default of such a majority there is a second ballot between the two candidates who at the first test received the largest number of votes. It is stipulated, further, that when so ordered by the provincial diet, voting shall be obligatory, under penalty of fine, and in the provinces of Lower Austria, Upper Austria, Silesia, Salsburg, Moravia, and Vorarlberg every elector is required by provincial regulation to appear at every parliamentary election in his district, and to present his ballot, the penalty for neglect (unless explained to the satisfaction of the proper magistrate) being a fine ranging from one to fifty crowns. In the House of Lords, where there was strong opposition to the principle of manhood suffrage, effort was made to introduce in the act of 1907 a provision for the conferring of a second vote upon all voters above the age of thirty-five. By the Emperor and ministry it was urged, however, that the injection of such a modification would wreck the measure, and when the lower chamber tacitly pledged itself to enact a law designed to prevent the "swamping" of the peers by Imperial appointment at the behest of a parliamentary majority, the plural voting project was abandoned.[669]
So far as practicable, the electoral constituencies in the various provinces are arranged to preserve the distinction between urban and rural districts and to comprise racial groups that are essentially homogeneous. In regions, as Bohemia, where the population is especially mixed separate constituencies and registers are maintained for the electors of each nationality, and a man may vote on only the register of his own race and for a candidate of that race. Germans, thus, are obliged to vote for Germans, Czechs for Czechs, Poles for Poles; so that, while there may be a contest between a German Clerical and a German Liberal or between a Young Czech and a Radical Czech, there can be none between Germans and Czechs, or between Poles and Ruthenes. In general, each district returns but one representative. The 36 Galician districts, however, return two apiece. Each elector there, as elsewhere, votes for but one candidate, the device permitting the representation of minorities. The population comprising a constituency varies from 26,693 in Salsburg to 68,724 in Galicia. The average is 49,676.[670]
524. The Reichsrath: Sessions and Procedure.—By the law of 1867 no limit was fixed for the period of service of the parliamentary representative. The life of the Reichsrath, and consequently the tenure of the individual deputy, was terminated only by a dissolution. Under provision of an amendment of April 2, 1873, however, members of the lower chamber are elected for a term of six years, at the expiration of which period, as also in the event of a dissolution, a new election must be held. Representatives are indefinitely eligible for re-election. Vacancies are filled by special elections, which may be held at any time, according to procedure specified by law. Representatives receive a stipend of 20 crowns for each day's attendance, with an allowance for travelling expenses.
The fundamental law prescribes that the Reichsrath shall be convened annually, "during the winter months when possible."[671] The Emperor appoints the president and vice-president of the Herrenhaus, from among the members of the chamber, and for the period of a session. The Abgeordnetenhaus elects from its members its president and vice-president. Normally, the sessions of both houses are public, though upon request of the president, or of at least ten members, and by a decision taken behind closed doors, each house possesses the right, in exceptional instances, to exclude spectators. Projects of legislation may be submitted by the Government or by the individual members of the chambers. Measures pass by majority vote; but no act is valid unless at the time of its passage there are present in the lower house as many as 100 members, and in the upper house as many as 40. A curious provision touching the relations of the two houses is that if, on a question of appropriation or of the size of a military contingent, no agreement can be reached between the two houses after prolonged deliberation, the smallest figure approved by either house shall be regarded as voted.[672] By decree of the Emperor the Reichsrath may at any time be adjourned, or the lower chamber dissolved. Ministers and chiefs of the central administration are entitled to take part in all deliberations, and to present their proposals personally or through representatives. Each house may, indeed, require a minister's attendance. Members of the chambers may not be held responsible for any vote cast; and for any utterances made by them they may be held responsible only by the house to which they belong. Unless actually apprehended in a criminal act, no member of either house may be arrested or proceeded against judicially during the continuance of a session, except by the consent of the chamber to which he belongs.[673]
525. The Reichsrath: Powers.—The powers of the Reichsrath are, in general, those ordinarily belonging to a parliamentary body. According to fundamental law of 1867, they comprise all matters which relate to the rights, obligations, and interests of the provinces represented in the chambers, in so far as these matters are not required to be handled conjointly with the proper representatives of the Hungarian portion of the monarchy. The Reichsrath examines and ratifies or rejects commercial treaties, and likewise political treaties which place a fiscal burden on the Empire or any portion of it, impose obligations upon individual citizens, or involve any change of territorial status. It makes provision for the military and naval establishments. It enacts the budget and approves all taxes and duties. It regulates the monetary system, banking, trade, and communication. It legislates on citizenship, public health, individual rights, education, criminal justice and police regulation, the duties and interrelations of the provinces, and a wide variety of other things. It exercises the right of legalizing or annulling Imperial ordinances which, under urgent circumstances, may be promulgated by the Emperor with the provisional force of law when the chambers are not in session.[674] Such ordinances may not introduce any alteration in the fundamental law, impose any lasting burden upon the treasury, or alienate territory. They must be issued, if issued at all, under the signature of all of the ministers, and they lose their legal force if the Government does not lay them before the lower chamber within the first four weeks of its next ensuing session, or if either of the two houses refuses its assent thereto. Each of the houses may interpellate the ministers upon all matters within the scope of their powers, may investigate the administrative acts of the Government, demand information from the ministers concerning petitions presented to the houses, may appoint commissions, to which the ministers must give all necessary information, and may give expression to its views in the form of addresses or resolutions. Any minister may be impeached by either house.[675]
IV. Political Parties
526. Racial Elements in the Empire.—The key to the politics of Austria is afforded by the racial composition of the Empire's population. In our own day there is a tendency, in consequence of the spread of socialism and of other radical programmes which leap across racial and provincial lines, toward the rise of Austrian parties which shall be essentially inter-racial in their constituencies. Yet at the elections of 1907—the first held under the new electoral law—of the twenty-six party affiliations which succeeded in obtaining at least one parliamentary seat all save possibly two comprised either homogeneous racial groups or factions of such groups. Fundamentally, the racial question in Austria has always been that of German versus non-German. The original Austria was preponderantly German; the wealthiest, the best educated, the most widespread of the racial elements in the Empire to-day is the German; and by the Germans it has regularly been assumed that Austria is, and ought to be, essentially a German country.[676] In this assumption the non-German populations of the Empire have at no time acquiesced; and while they have never been able to combine long or effectively against the dominating Germanic element, they have sought persistently, each in its own way, to compel a fuller recognition of their several interests and rights.
The nationalities represented within the Empire fall broadly into three great groups: the German, the Slavic, and the Latin. In an aggregate population of 26,107,304 in 1900 the Germans numbered 9,171,614, or somewhat more than 35 per cent; the Slavs, 15,690,000, or somewhat more than 60 per cent; and the Latins, 958,065, or approximately 3.7 per cent. The Germans, comprising the most numerous of the individual nationalities, occupy exclusively Upper Austria, Salsburg, and Vorarlberg, the larger portion of Lower Austria, north-western Carinthia, the north and center of Styria and Tyrol, and, in fact, are distributed much more generally over the entire Empire than is any one of the other racial elements. The Slavs are in two principal groups, the northern and the southern. The northern includes the Czechs and Slovaks, dwelling principally in Bohemia and Moravia, and numbering, in 1900, 5,955,397; the Poles, comprising a compact mass of 4,252,483 people in Galicia and Silesia; and the Ruthenes, numbering 3,381,570, in eastern Galicia and in Bukovina. The southern Slavic group includes the Slovenes, numbering 1,192,780, in Carniola, Görz, Gradisca, Istria, and Styria, and the Servians and Croats, numbering 711,380, in Istria and Dalmatia. The peoples of Latin stock are the Italians and Ladini (727,102), in Tyrol, Görz, Gradisca, Dalmatia, and Trieste, and the Roumanians (230,963) in Bukovina. Within many of the groups mentioned there is meager survival of political unity. There are German Clericals, German Progressives, German Radicals, German Agrarians; likewise Old Czechs, Young Czechs, Czech Realists, Czech Agrarians, Czech Clericals, and Czech Radicals. Austrian party history within the past fifty years comprises largely the story of the political contests among the several nationalities, and of the disintegration of these nationalities into a bewildering throng of clamorous party cliques.
527. Centralists and Federalists.—The more important of the party groups of to-day trace their origins to the formative period in recent Austro-Hungarian constitutional history, 1860-1867. During this period the fundamental issue in the Empire was the degree of centralization which it was desirable, or possible, to achieve in the reshaping of the governmental system. On the one hand were the centralists, who would have bound the loosely agglomerated kingdoms, duchies, and territories of the Empire into a consolidated state. On the other were the federalists, to whom centralization appeared dangerous, as well as unjust to the Empire's component nationalities. Speaking broadly, the Germans, supported by the Italians, comprised the party of centralization; the Slavs, that of federalism. The establishment of the constitution of 1867, as well as of the Compromise with Hungary in the same year, was the achievement of the centralists, and with the completion of this gigantic task there gradually took form a compactly organized political party, variously known as the National German party, the German Liberals, or the Constitutionalists, whose watchwords were the preservation of the constitution and the Germanization of the Empire. For a time this party maintained the upper hand completely, but its ascendancy was menaced not only by the disaffected forces of federalism but by the continued tenseness of the clerical question and, after 1869, by intestine conflict. As was perhaps inevitable, the party split into two branches, the one radical and the other moderate. During the earlier months of 1870 the Radicals, under Hasner, were in control; but in their handling of the vexatious Polish and Bohemian questions they failed completely and, April 4, they gave place to the Moderates under the premiership of the Polish Count Potocki. The new ministry sought to govern in a conciliatory spirit and with the support of all groups, but its success was meager. February 7, 1871, a cabinet which was essentially federalist was constituted under Count Hohenwart. Its decentralizing policies, however, were of such a character that the racial question gave promise of being settled by the utter disintegration of the Empire, and after eight months it was dismissed.
528. Rule of the German Liberals, 1871-1879.—With a cabinet presided over by Prince Adolf Auersperg the German Liberals then returned to power. Their tenure was prolonged to 1879 and might have been continued beyond that date but for the recurrence of factional strife within their ranks. The period was one in which some of the obstructionist groups, notably the Czechs, fell into division among themselves, so that the opposition which the Liberals were called upon to encounter was distinctly less effective than otherwise it might have been. At no time since 1867 had the Czechs consented to be represented in the Reichsrath, a body, indeed, which they had persisted in refusing to recognize as a legitimately constituted parliament of the Empire. During the early seventies a party of Young Czechs sprang up which advocated an abandonment of passive resistance and the substitution of parliamentary activity in behalf of the interests of the race. The Old Czechs were unprepared for such a shift of policy, and in 1873 they played directly into the hands of the Liberal government by refusing to participate in the consideration of the electoral reform by which the choice of representatives was taken from the provincial diets and vested in the four classes of provincial constituencies. For the carrying of this measure a two-thirds majority was required, and if the Czechs had been willing to vote at all upon it they might easily have compassed its defeat. As it was, the amendment was carried without difficulty. A tenure of power which not even the financial crisis of 1873 could break was, however, sacrificed through factional bickerings. Within both the ministry and the Reichsrath, the dominant party broke into three groups, and the upshot was the dissolution, February 6, 1879, of the ministry and the creation of a new one under the presidency of Count Taaffe, long identified with the Moderate element. Three months later the House of Representatives was dissolved. In the elections that followed the Liberals lost a total of forty-five seats, and therewith their position as the controlling party in both the Reichsrath and the nation. Taaffe retained the premiership, but his Liberal colleagues were replaced by Czechs, Poles, Clericals, and representatives indeed of pretty nearly all of the existing groups save the Germans.[677]
529. The Taaffe Ministry, 1879-1893.—The prolonged ministry of Count Taaffe comprises the second period of Austrian parliamentary history. Of notably moderate temper, Taaffe had never been a party man of the usual sort, and he entered office with an honest purpose to administer the affairs of the nation without regard to considerations of party or of race. The establishment of his reconstituted ministry was signalized by the appearance of Czech deputies for the first time upon the floor of the national parliament. The Taaffe government found its support in what came to be known as the Right—a quasi-coalition of Poles, Czechs, Clericals, and the Slavic and conservative elements generally.[678] It was opposed by the Left, comprising principally the German Liberals, In 1881 the various factions of the German party, impelled by the apprehension that German ascendancy might be lost forever, drew together again and entered upon a policy of opposition which was dictated purely and frankly by racial aspirations. Attempts to embarrass the Government by obstruction proved, however, only indifferently successful. In 1888 the party was once more reconstructed.
Among the diverse groups by which the Taaffe government was supported there was just one common interest, namely, the prevention of a return to power on the part of the German Liberals. Upon this preponderating consideration, and upon the otherwise divergent purposes of the Government groups, Taaffe built his system. Maintaining rigidly his determination to permit no radical alteration of the constitution, he none the less extended favors freely to the non-Germanic nationalities, and so contrived to prolong through nearly a decade and a half, by federalist support, an essentially centralist government. Government consisted largely, indeed, in perennial bargaining between the executive authorities on the one hand and the parliamentary groups on the other, and in the course of these bargainings it was ever the legislative chambers, not the Government, that lost ground. The bureaucracy increased its hold, the administrative organs waxed stronger, the power of the Emperor was magnified. The ministry became pre-eminently the ministry of the crown, and despite strictly observed constitutional forms the spirit of absolutism was largely rehabilitated.[679]
530. The German Recovery: Badeni, 1895-1897.—To the eventual breakdown of the Taaffe régime various circumstances contributed. Two of principal importance were the defection of the Young Czechs and the failure of the several attempts to draw to the support of the Government the moderate German Liberals. At the elections of 1891 the Young Czechs obtained almost the entire quota of Bohemian seats, and at the same time the Liberals recovered enough ground to give them the position of the preponderant group numerically in the lower chamber. Neither of these two parties could be persuaded to accord the Government its support, and during 1891-1893 Taaffe labored vainly to recover a working coalition. Finally, in 1893, as a last resource, the Government resolved to undermine the opposition, especially German Liberalism, by the abolition of the property qualification for voting in the cities and rural communes. The nature of Taaffe's electoral reform bill of 1893 has been explained elsewhere, and likewise the reason for its rejection.[680] Anticipating the defeat of the measure, the premier retired from office October 23, 1893.
The Germans now recovered, not their earlier power, but none the less a distinct measure of control. November 12 there was established, under Prince Windischgrätz a coalition ministry, comprising representatives of the German Liberals, the Poles, and the Clericals, and this cabinet was very successful until, in June, 1895, it was wrecked by the secession of the Liberals on a question of language reform in Styria. After four months, covered by the colorless ministry of Count Kielmansegg, Count Badeni became minister-president (October 4, 1895) and made up a cabinet, consisting largely of German Liberals, but bent upon an essentially non-partisan administration. The two tasks chiefly which devolved upon the Badeni ministry were the reform of the electoral system and the renewal of the decennial economic compromise with Hungary, to expire at the end of 1897. The first was accomplished, very ineffectively, through the electoral measure of 1896; the second, by reason of factional strife, was not accomplished at all.
531. The Language Question: Parliamentary Deadlock.—The elections of 1897 marked the utter dissolution of both the United German Left and the coalition which had borne the designation of the Right. Among the 200 Germans elected to the Chamber there were distinguishable no fewer than eight groups; and the number of groups represented in the aggregate membership of 425 was at least twenty-four. Of these the most powerful were the Young Czechs, with 60 seats, and the Poles, with 59. Profiting by the recently enacted electoral law, the Socialists at this point made their first appearance in the Reichsrath with a total of 14 seats. Taking the Chamber as a whole, there was a Slavo-Clerical majority, although not the two-thirds requisite for the enactment of constitutional amendments. The radical opponents of the Government were represented by the 51 German Liberals only. But no one of the Slavic groups was disposed to accord its support save in return for favors received. In the attempt to procure for itself a dependable majority the Badeni government succeeded but in creating confusion twice confounded. The Young Czechs, whose support appeared indispensable, stipulated as a positive condition of that support that Czech should be recognized as an official language in Bohemia and Moravia, and by ordinances of April-May, 1897, the Government took it upon itself to meet this condition. Within the provinces named the two languages, Czech and German, were placed, for official purposes upon a common footing. The only result, however, was to drive the Germans, already hostile, to a settled course of parliamentary obstruction, and before the year was out the Badeni cabinet was compelled to retire.
The Gautsch ministry which succeeded proposed to maintain the equality of the Czech and German tongues in Bohemia; wherefore the German Liberals persisted in their obstructionist policy and declared that they would continue to do so until the objectionable ordinances should have been rescinded. March 5, 1898, the Government promulgated a provisional decree in accordance with which in one portion of Bohemia the official tongue was to be Czech, in another German, and in the third the two together. But no one was satisfied and the ministry resigned. The coalition government of Count Thun Hohenstein which succeeded labored in the interest of conciliation, but with absolutely no success. Parliamentary sittings became but occasions for the display of obstructive tactics, and even for resort to violence, and legislation came to a standstill. By the use of every known device the turbulent German parties rendered impossible the passage of even the most necessary money bills, and the upshot was that, in the summer of 1898, the Government was obliged to fall back upon that extraordinary portion of the Austrian constitution, commonly known as Section 14, by which, in default of parliamentary legislation, the crown is authorized to promulgate ordinances with the force of law. The period of extra parliamentary government here inaugurated was destined to be extended through more than six years and to comprise one of the most remarkable chapters in recent political history.
532. The Nadir of Parliamentarism.—Following the retirement of the Thun Hohenstein ministry, at the end of September, 1899, the government of Count Clary-Aldingen revoked the language decrees; but the parliamentary situation was not improved, for the Czechs resorted forthwith to the same obstructionist tactics of which the Germans had been guilty and the government had still to be operated principally on the basis of Section 14. A provisional government under Dr. Wittek, at the close of 1899, was followed by the ministry of Dr. Körber, established January 20, 1900; but all attempts at conciliation continued to be unavailing. In September, 1900, the Reichsrath was dissolved and the order for the new elections was accompanied by the ominous declaration of the Emperor that the present appeal to the nation would be the last constitutional means which would be employed to bring the crisis to an end. Amid widespread depression, threats of Hungarian independence, and rumors of an impending coup d'état, the elections took place, in January, 1901. The German parties realized the largest gains, but the parliamentary situation was not materially altered, and thereafter, until its fall, December 31, 1904, the Körber ministry continued to govern substantially without parliamentary assistance. In 1901-1902, by various promises, the premier induced the combatants to lay aside their animosities long enough to vote the yearly estimates, a military contingent, and certain much-needed economic reforms. But this was virtually the sole interruption of a six-year deadlock.
533. Electoral Reform and the Elections of 1907.—With the establishment of the second Gautsch ministry, December 31, 1904, a truce was declared and interest shifted to the carrying out of the Imperial programme of electoral reform. From the proposed liberalization of the suffrage many of the party groups were certain to profit and others had at least a chance of doing so; and thus it came about that the great electoral law of 1907 was carried through its various stages under parliamentary conditions which were substantially normal. Its progress was attended by the fall, in April, 1906, of the Gautsch ministry and, six weeks later, by that of its provisional successor. But by the coalition government of Baron Beck (June 2, 1906 to November 8, 1908) the project was pushed to a successful conclusion, and in its final form the law was approved by the Emperor, January 26, 1907.
The promulgation of the new electoral measure was followed, May 14, by a general election, the results of which may be tabulated as shown on the following page.
Each of the twenty-six groups here enumerated maintained at the time of the election an independent party organization, although in the Chamber the representatives of certain of them were accustomed to act in close co-operation. To the clericals and conservatives of all shades fell an aggregate of 230 seats; but among the various groups of this type there has never been sufficient coherence to permit the formation of a compact conservative party. Among the liberal and radical groups lack of coherence was, and remains, still more pronounced. The most striking feature of the election of 1907 was the gains made by the Social Democrats and the Christian Socialists, to be explained largely by the extension of the franchise to the non-taxpaying and small taxpaying population.
| Seats after election of 1907 | Seats in previous Chamber | |||
| Social Democrats | 90 | 11 | ||
| Christian Socialists | 67 | 26 | ||
| German Clericals | 29 | 29 | ||
| German Progressives | 23 | 60 | ||
| German Radicals | 24 | 46 | ||
| German Agrarians | 21 | 4 | ||
| Independent Pan-Germans | 8 | 7 | ||
| Pan-Germans | 3 | 15 | ||
| Polish Club | 54 | 66 | ||
| Polish Radicals | 16 | 0 | ||
| Polish Independent Socialists | 3 | 0 | ||
| Ruthenes | 28 | 9 | ||
| Jewish Zionists | 3 | 0 | ||
| Young Czechs | 19 | 47 | ||
| Old Czechs | 6 | 3 | ||
| Czech Realists | 2 | 0 | ||
| Czech Agrarians | 25 | 5 | ||
| Czech Clericals | 19 | 2 | ||
| Czech Radicals | 10 | 8 | ||
| Slovene Clericals | 22 | 19 | ||
| Slovene Liberals | 3 | 6 | ||
| Italian Liberals | 4 | 12 | ||
| Italian Clericals | 10 | 6 | ||
| Croats | 9 | 7 | ||
| Serbs | 2 | 0 | ||
| Roumanians | 5 | 4 | ||
534. The Elections of 1911.—The truce by which the election of 1907 was accompanied was not of long duration, and November 8, 1908, the ministry of Baron Beck was driven by German obstructionism to resign. After three months as provisional premier Baron von Bienerth, former Minister of the Interior, made up a cabinet which included representatives of a number of parties and which, despite occasional readjustments of portfolios, exhibited a fair measure of stability throughout upwards of two years. In December, 1910, the Czechs and Poles precipitated a cabinet crisis in consequence of which the ministry was reconstructed (January 9, 1911) in such a manner as to strengthen the Slavic and weaken the Germanic element. But the forces of opposition were not appeased, and as a last resort the Government determined upon a dissolution and an appeal to the country. The results, however, were by no means those which were desired. At the general elections, which took place June 13 and 20, the Christian Socialists, from whom the Government had drawn its most consistent support, were roundly beaten, and June 26 Baron von Bienerth and his colleagues resigned. The ministry thereupon made up was presided over by Baron Gautsch. It, however, endured only until October 31, when it was succeeded by that of Count Stuergkh.
The elections of 1911 were hotly contested. The 516 seats to be filled were sought by 2,987 candidates, representing no fewer than fifty-one parties and factions, and second ballotings were required in almost two-thirds of the constituencies. The Czechs returned with undiminished strength, and the German Radicals and Progressives realized substantial gains. The most notable feature, however, was the victory of the Social Democrats over the Christian Socialists, especially in the capital, where the quota of deputies of the one party was raised from ten to nineteen and that of the other was cut from twenty to four. The Christian Socialists, it must be observed, are not socialists in the ordinary meaning of the term. The party was founded by Dr. Lüger a few years ago in the hope that, despite the establishment of manhood suffrage in the Empire, the Social Democrats might yet be prevented from acquiring a primacy among the German parties. It is composed largely of clericals, and in tone and purpose it is essentially reactionary. By maintaining an active alliance with the German Clerical party it contrived to hold in check the Social Democracy throughout the larger portion of the period 1907-1911. But it was handicapped all the while by internal dissension, and the defeat which it suffered at the last elections has relegated it, at least for the time being, to a subordinate place.[681]
V. The Judiciary and Local Government
535. General Principles: the Ordinary Tribunals.—All judicial power in the Austrian Empire is exercised, and all judgments and sentences are executed, in the name of the Emperor. Judges are appointed for life, by the Emperor or in his name, and they may be removed from office only under circumstances specified by law and by virtue of a formal judicial sentence. On taking the oath of office all judicial officials are required to pledge themselves to an inviolable observance of the fundamental laws. The Law of December 21, 1867, concerning the Judicial Power withholds from the courts the power to pronounce upon the validity of statutes properly promulgated, though they may render judgment on the validity of Imperial ordinances involved in cases before them.[682] With some exceptions, fixed by law, proceedings in both civil and criminal cases are required to be oral and public; and in all cases involving severe penalties, as well as in all actions arising from political crimes and misdemeanors and offenses committed by the press, the guilt or innocence of the accused must be determined by jury.
By the law of 1867 it is stipulated that there shall be maintained at Vienna a Supreme Court of Justice and Cassation (Oberste Gerichts-und Kassationshof) for all of the kingdoms and countries represented in the Reichsrath, and that the organization and jurisdiction of inferior courts shall be determined by law. Of inferior tribunals there have been established 9 higher provincial courts (Oberlandesgerichte),[683] 74 provincial and district courts (Landes-und Kreisgerichte), and 96 county courts (Bezirksgerichte). The provincial and district courts and the county courts, together with a group of jury courts maintained in connection with the provincial and district tribunals, are courts of first instance; the higher provincial courts and the Supreme Court exercise a jurisdiction that is almost wholly appellate. There exist also special courts for commercial, industrial, military, fiscal, and other varieties of jurisdiction.
536. The Imperial Court.—In Austria, as in France and other continental countries, cases affecting administration and the administrative officials are withheld from the jurisdiction of the ordinary courts and are committed to special administrative tribunals. By law of 1867 provision was made for an Imperial Court (Reichsgericht), to exercise final decision in conflicts of jurisdiction between the two sets of courts and, in general, in all disputed questions of public law, after the manner of the Court of Conflicts in France. The Imperial Court was organized by law of April 18, 1869. It sits at Vienna, and it is composed of a president and deputy president, appointed by the Emperor for life, and of twelve members and four substitutes, also appointed for life by the Emperor upon nomination by the Reichsrath. It decides finally all conflicts of competence between the administrative and the ordinary judicial tribunals, between a provincial diet and the Imperial authorities, and between the independent public authorities of the several provinces of the Empire. Very important in a country so dominated by a bureaucracy as is Austria is the power which by fundamental law is vested in the Imperial Court to pass final verdict upon the merits of all complaints of citizens arising out of the alleged violation of political rights guaranteed to them by the constitution, after the matter shall have been made the subject of an administrative decision. The purpose involved is to afford the citizen who, believing himself deprived of his constitutional rights, has failed to obtain redress in the administrative courts, an opportunity to have his case reviewed by a tribunal constituted with special view to permanence, independence, and impartiality. High-handed administrative acts which are covered by statute, however, are beyond its reach, for, like all Austrian tribunals, it is forbidden to question the validity of a duly promulgated law.[684]
537. The Provincial Governments: Composition of the Diet.—Each of the seventeen political divisions of the Empire has a government of its own, established on the basis of its Landesordnung, or provincial constitution. The executive, for affairs that are considered strictly divisional, consists of a provincial council, the Landesausschuss, composed of the president of the diet (nominated by the Emperor) as ex-officio chairman and from four to eight members variously elected within the province. Imperial interests are specially represented in the province, however, by a Statthalter, or Landespräsident, appointed by the crown, and independent of local control.
Functions of legislation are vested in a Landtag, or diet. The provincial diet of the modern type came into being under the operation of the Imperial diploma of October 20, 1860 (superseded by that of February 26, 1861), replacing the ancient assembly of estates which in most provinces had persisted until 1848. From 1860 onwards diets were established in one after another of the provinces, until eventually all were so equipped. Originally the diets were substantially uniform in respect to both composition and powers. Aside from certain ex-officio members, they were composed of deputies chosen for six years by four electoral curiæ: the great proprietors, the chambers of commerce, the towns, and the rural communes; and, until 1873, one of their principal functions was the election of the provincial delegation in the lower house of the Reichsrath. Each of the seventeen provincial diets as to-day constituted consists of a single chamber, and in most instances the body is composed of (1) the archbishops and bishops of the Catholic and Orthodox Greek churches; (2) the rectors of universities, and, in Galicia, the rector of the technical high school of Lemberg and the president of the Academy of Sciences of Cracow; (3) the representatives of great estates, elected by all landowners paying land taxes of not less than 100, 200, 400, or 500 crowns, according to the provinces in which their estates are situated; (4) the representatives of towns, elected by citizens who possess municipal rights or pay a stipulated amount of direct taxes; (5) the representatives of boards of commerce and industry, chosen by the members of these bodies; and (6) representatives of the rural communes, elected in eight provinces directly, in the others indirectly, by deputies (Wahlmänner) returned by all inhabitants who pay direct taxes to the amount of 8 crowns yearly. In a few of the provinces there is, besides these, a general electoral class composed of all qualified male subjects of the state over twenty-four years of age;[685] and there are some other variations, as for example, in Moravia, where, by a law of November 27, 1905, the proportional system of representation was introduced. The diets vary in membership from 26 in Vorarlberg and 30 in Görz and Gradisca to 151 in Moravia, 161 in Galicia, and 242 in Bohemia. The deputies are elected in all cases for a period of six years, and the diets assemble annually. But a session may be closed, and the diet may be dissolved, at any time by the presiding officer, under the direction of the Emperor.
538. Functions of the Diet.—The powers of the diets are not enumerated, but, rather, are residual. By fundamental law of 1867 it is stipulated that "all matters of legislation other than those expressly reserved to the Reichsrath by the present law belong within the power of the Provincial Diets of the kingdoms and countries represented in the Reichsrath and are constitutionally regulated by such Diets."[686] In certain matters, naturally those of an essentially local character, the diet may act with absolute freedom, save that it is within the competence of the Emperor to veto any of its measures. In other matters, such as education and finance, which fall within the range of the Reichsrath's competence, the powers of the diet are limited and subsidiary. A policy very generally pursued has been that of formulating at Vienna general regulations for the entire Empire, leaving to the diets the task of devising legislation of a local and specific character for the execution of these regulations; though it can hardly be maintained that the results have been satisfactory. The diets are not infrequently radical, and even turbulent, bodies, and it has been deemed expedient ordinarily by the Imperial authorities to maintain a close watch upon their proceedings.
539. The Commune.—Throughout the Empire the vital unit of local government is the commune. As is true of the province, the commune is an administrative district, and one of its functions is that of serving as an agency of the central government in the conduct of public affairs. Fundamentally, however, the commune is an autonomous organism, rooted in local interest and tradition. As such, it exercises broad powers of community control. It makes provision for the safety of person and property, for the maintenance of the local peace, for the supervision of traffic, for elementary and secondary education, and for a variety of other local interests. Except in respect to affairs managed by the commune as agent of the Imperial government, the local authorities are exempt from discipline at the hand of their superiors, and, indeed, an eminent Austrian authority has gone so far as to maintain that the communes of Austria possess a larger independent competence than do the communes of any other European state.[687]
Except in the case of some of the larger towns, which have special constitutions, the rural and urban communes of the Empire are organized upon the same pattern. The executive authority is vested in an elective committee, or council, presided over by a Vorsteher, or burgomaster, chosen from the members of the committee. The Vorsteher is not removable by the central authorities, and over his election they possess no control. In certain of the towns the place of the communal committee is taken by a corporation. In every commune there is an assembly (the Gemeindevertretung), the members of which are elected for three (in Galicia six) years by all resident citizens who are payers of a direct tax. For the purpose of electing assemblymen the voters are divided into three classes, very much as under the Prussian electoral system, and this arrangement, indeed, comprises virtually the only non-democratic aspect of the communal constitution. In Galicia, Styria, and Bohemia there exists also a district assembly, elected for three years (in Galicia six) and made up of representatives of great estates, the most highly taxed industries and trades, towns and markets, and rural communes. A committee of this body, known as the Bezirksausschuss, administers the affairs of the district.
CHAPTER XXVI
THE GOVERNMENT AND PARTIES OF HUNGARY
I. The Constitution
540. Antiquity.—By reason of both its antiquity and its adaptability to varying conditions, the constitution of the kingdom of Hungary deserves to be considered one of the most remarkable instruments of its kind. Like the fundamental law of England, it is embodied in a maze of ancient statutes and customs, and it is the distinctive creation of a people possessed of a rare genius for politics and government. On the documentary side its history is to be traced at least to the Golden Bull of Andrew II., promulgated in 1222; though that instrument, like the contemporary Great Charter in England, comprised only a confirmation of national liberties that were already old.[688] Under Hapsburg domination, from the early sixteenth century onwards, the fundamental political system and the long established laws of the Hungarian kingdom were repeatedly guaranteed. Much of the time they were, in practice, disregarded; but the nationalistic vigor of the Hungarian people invested them with unlimited power of survival, and even during the reactionary second quarter of the nineteenth century they were but held in suspense.
541. Texts: the "March Laws."—In large part, the constitution to-day in operation took final form in a series of measures enacted by the Hungarian parliament during the uprising of 1848. Thirty-one laws, in all, were at that time passed, revising the organization of the legislative chambers, widening the suffrage, creating a responsible cabinet, abolishing feudal survivals, and modernizing, in general, the institutions of the kingdom. The broad lines which remained were those marked out in the ancient constitutional order; the new measures merely supplemented, revised, and imparted definite form to pre-existing laws, customs, and jealously guarded rights. Not all of these inherited constitutional elements, however, were included in the new statutes; and to this day it is true that in Hungary, as in Great Britain, a considerable portion of the constitution has never been put into written form. The fate of the measures of 1848 was for a time adverse. The Austrian recovery in 1849 remanded Hungary to the status of a subject province, and it was not until 1867, after seven years of arduous experimentation, that the constitution of 1848 was permitted again to come into operation. The Ausgleich involved as one of its fundamentals a guarantee for all time of the laws, constitution, legal independence, freedom, and territorial integrity of Hungary and its subordinate countries. And throughout all of the unsettlement and conflict which the past half-century has brought in the Austro-Hungarian world the constitution of kingdom and empire alike has stood firm against every shock. The documents in which, chiefly, the written constitution is contained are: (1) Law III. of 1848 concerning the Formation of a Responsible Hungarian Ministry; (2) Law IV. of 1848 concerning Annual Sessions of the Diet; (3) Law XXXIII. of 1874 concerning the Modification and Amendment of Law V. of 1848, and of the Transylvanian Law II. of 1848; and (4) Law VII. of 1885 altering the organization of the Table of Magnates.[689]
II. The Crown and the Ministry
542. The Working Executive.—The constitutional arrangements respecting the executive branch of the Hungarian government are set forth principally in Law III. of 1848 "concerning the Formation of a Responsible Hungarian Ministry." The king attains his position ipso jure, by reason of being Emperor of Austria, without the necessity of any distinct act of public law. Within six months of his accession at Vienna he is crowned monarch of Hungary at Budapest, in a special ceremony in which is used the crown sent by Pope Sylvester II. upwards of a thousand years ago to King Stephen. The new sovereign is required to proffer Parliament an "inaugural certificate," as well as to take a coronation oath, to the effect that he will maintain the fundamental laws and liberties of the country; and both of these instruments are incorporated among the officially published documents of the realm. The entire proceeding partakes largely of the character of a contractual arrangement between nation and sovereign.
As in Austria, the powers of the crown are exercised very largely through the ministry. And, by reason of the peculiar safeguards in the Hungarian laws against royal despotism, as well as the all but uninterrupted absence of the king from the dominion, the ministry at Budapest not only constitutes the Hungarian executive in every real sense, but it operates on a much more purely parliamentary basis than does its counterpart at Vienna. "His Majesty," says the law of 1848, "shall exercise the executive power in conformity with law, through the independent Hungarian ministry, and no ordinance, order, decision, or appointment shall have force unless it is countersigned by one of the ministers residing at Budapest."[690] Every measure of the crown must be countersigned by a minister; and every minister is immediately and actually responsible to Parliament for all of his official acts.
543. Composition and Status of the Ministry.—The ministry consists of a president of the council, or premier, and the heads of nine departments, as follows: Finance, National Defense, Interior, Education and Public Worship, Justice, Industry and Commerce, Agriculture, the Ministry for Croatia and Slavonia, and the Ministry near the King's Person. The last-mentioned portfolio exists by virtue of the constitutional requirement that "one of the ministers shall always be in attendance upon the person of His Majesty, and shall take part in all affairs which are common to Hungary and the hereditary provinces, and in such affairs he shall, under his responsibility, represent Hungary."[691] All ministers are appointed by the king, on nomination of the premier. All have seats in Parliament and must be heard in either chamber when they desire to speak. They are bound, indeed, to attend the sessions of either house when requested, to submit official papers for examination, and to give "proper explanations" respecting governmental policies. They may be impeached by vote of a majority of the lower chamber, in which event the trial is held before a tribunal of twelve judges chosen by secret ballot by the upper house from among its own members. Inasmuch, however, as the lower house has acquired the power by a simple vote of want of confidence to compel a cabinet to resign, the right of impeachment possesses in practice small value. The ministry is required to submit once a year to the lower house for its examination and approval a statement of the income and needs of the country, together with an account of the income administered by it during the past twelve months.[692]
III. Parliament—the Electoral System
544. The Table of Magnates.—The Hungarian parliament consists of two houses, whose official designations are Förendihaz—Table, or Chamber, of Magnates—and Képviselöház, or Chamber of Deputies. The upper house is essentially a perpetuation of the ancient Table of Magnates which, in the sixteenth century, began to sit separately as an aristocratic body made up of the great dignitaries of the kingdom, the Catholic episcopate (also, after 1792, that of the Orthodox Greek Church), the "supreme courts," and the adult sons of titled families. The reforms of 1848 left the Chamber untouched, though its composition was modified slightly in 1885.[693] At the session of 1910-1911 it contained 16 archdukes of the royal family (eighteen years of age or over); 15 state dignitaries; 2 presidents of the High Courts of Appeal; 42 archbishops and bishops of the Roman Catholic and Greek Orthodox churches; 13 representatives of the Lutheran, Calvinist, and Unitarian faiths; 236 members of the hereditary aristocracy (i.e., those of the whole number of the nobility who pay a land tax to the amount of at least 6,000 crowns annually); 3 members elected by the provincial diet of Croatia; and 60 life peers, appointed by the crown or chosen by the Chamber of Magnates itself—a total of 387.[694] The membership is therefore exceedingly complex, resting on the various principles of hereditary right, ex-officio qualification, royal nomination, and election. In practice the upper house is distinctly subordinate to the lower, to which alone the ministers are responsible. Any member may acquire, by due process of election, a seat in the lower chamber, and the privilege is one of which the more ambitious peers are not reluctant to avail themselves. Upon election to the lower house a peer's right to sit in the upper chamber is, of course, suspended; but when the term of service in the popular branch has expired, the prior right is revived automatically.
545. The Chamber of Deputies: the Franchise.—By law of 1848, amended in 1874, it is stipulated that the Chamber of Deputies, historically descended from the ancient Table of Nuncios, shall consist of 453 members, "who shall enjoy equal voting power, and who shall be elected in accordance with an apportionment made on the basis of population, territory, and economic conditions."[695] Of the total number of members, 413 are representatives of Hungary proper and 40 are delegates of the subordinate kingdom of Croatia, Slavonia, and Dalmatia. This kingdom possesses its own organs of government, including a unicameral diet which exercises independent legislative power in all internal affairs. Its forty deputies take part in the proceedings at Budapest only when subjects are under consideration which are of common concern to all of the countries of St. Stephen's crown, such as questions pertaining to finance, war, communications, and relations with Austria.[696]
The election of deputies is governed by an elaborate statute of November 10, 1874, by which were perpetuated the fundamentals of the electoral law of 1848. In respect to procedure, the system was further amended by a measure of 1899. Qualifications for the exercise of the suffrage are based on age, property, taxation, profession, official position, and ancestral privileges. Nominally liberal, they are, in actual operation, notoriously illiberal. The prescribed age for an elector is twenty years, indeed, as compared with twenty-four in Austria; but the qualifications based upon property-holding are so exacting that they more than offset the liberality therein involved. These qualifications—too complicated to be enumerated here—vary according as they arise from capital, industry, occupation, or property-holding. With slight restrictions, the right to vote is possessed without regard to property or income, by members of the Hungarian Academy of Sciences, professors, notaries public, engineers, surgeons, druggists, graduates of agricultural schools, foresters, clergymen, chaplains, and teachers. On the other hand, state officials, soldiers in active service, customs employees, and the police have no vote; servants, apprenticed workingmen, and agricultural laborers are carefully excluded; and there are the usual disqualifications for crime, bankruptcy, guardianship, and deprivation by judicial process. In an aggregate population of approximately 20,000,000 to-day there are not more than 1,100,000 electors.
546. The Magyar Domination.—The explanation of this state of affairs is to be sought in the ethnographical composition of Hungary's population. Like Austria, Hungary contains a mélange of races and nationalities. The original Hungarians are the Magyars, and by the Magyar element attempt has been made always to preserve as against the affiliated German and Slavic peoples an absolute superiority of social, economic, and political power. The Magyars occupy almost exclusively the more desirable portion of the country, i.e., the great central plain intersected by the Danube and the Theiss, where they preponderate decidedly in as many as nineteen counties. Clustered around them, and in more or less immediate touch with kindred peoples beyond the borders, are the Germans and the Slavs—the Slovaks in the mountains of the north, the Ruthenes on the slopes of the Carpathians, the Serbs on the southeast, and the Croats on the southwest. When the census of 1900 was taken the total population of Hungary (including Croatia-Slavonia) was 19,254,559. Of this number 8,742,301 were Magyars; 8,029,316 were Slavs; 2,135,181 were Germans; and 397,761 were of various minor racial groups. To put it differently, the Magyars numbered 8,742,301; the non-Magyars, 10,512,258. The fundamental fault of the Hungarian electorate is that it has been shaped, and is deliberately maintained, in the interest of a race which comprises numerically but 45.4 per cent of the country's population.[697] So skillfully, indeed, have electoral qualifications and electoral proceedings been devised in the Magyar interest that the non-Magyar majority has but meager representation, and still less influence, at Budapest.[698] Even in Hungary proper the electorate in 1906 comprised but 24.4 per cent of the male population over twenty years of age; and, despite the disqualifications that have been mentioned one-fourth of the men who vote are officials or employees of the state.
547. The Demand for Electoral Reform: the Franchise Reform Bill of 1908.—In recent years, especially since the Austrian electoral reform of 1906-1907, there has been in Hungary an increasingly insistent demand that the Magyar parliamentary hegemony be overthrown, or at least that there be assured to the non-Magyar peoples something like a proportionate share of political influence. As early as 1905 the recurrence of legislative deadlocks at Budapest influenced Francis Joseph to ally himself with the democratic elements of the kingdom and to declare for manhood suffrage; and in the legislative programme of the Fejérváry government, made public October 28, 1905, the place of principal importance was assigned to this reform. Fearing the swamping of the popular chamber by the Slavs and Germans, the Magyars steadily opposed all change, and for the time being the mere threat on the part of the Government was sufficient to restore tolerable, if not normal, parliamentary conditions. The Wekerle coalition cabinet of 1900 announced electoral reform as one of its projected tasks, but as time elapsed it became apparent that no positive action was likely to be taken. During 1907 and 1908 riotous demonstrations on the part of the disappointed populace were frequent, and at last, November 11, 1908, Count Andrássy, Minister of the Interior, introduced in the Chamber the long-awaited Franchise Reform Bill.
The measure fell far short of public expectation. It was drawn, as Count Andrássy himself admitted, in such a manner as not "to compromise the Magyar character of the Hungarian state." After a fashion, it conceded manhood suffrage. But, to the end that the Magyar hegemony might be preserved, it imposed upon the exercise of the franchise such a number of restrictions and assigned to plural voting such an aggregate of weight that its concessions were regarded by those who were expected to be benefited by it as practically valueless. The essentials of the measure were: (1) citizens unable to read and write Hungarian should be excluded from voting directly, though they might choose one elector for every ten of their number, and each elector so chosen should be entitled to one vote; (2) every male citizen able to read and write Hungarian should be invested, upon completing his twenty-fourth year and fulfilling a residence requirement of twelve months, with one vote; (3) electors who had passed four standards of a secondary school,[699] or who paid yearly a direct tax amounting to at least twenty crowns ($4.16), or who fulfilled various other conditions, should be entitled to two votes; and (4) electors who had completed the course of secondary instruction, or who paid a direct tax of 100 crowns (approximately $21), should be possessed of three votes. As before, voting was to be oral and public. In the preamble of the measure the cynical observation was offered that "the secret ballot protects electors in dependent positions only in so far as they break their promises under the veil of secrecy." It was announced that the passage of the bill would be followed by the presentation of a scheme for the redistribution of seats.
548. Rejection of the Bill.—According to calculations of the Neue Freie Presse, the effect of the measure would have been to increase the aggregate body of electors from 1,100,000 to 2,600,000, and the number of votes to something like 4,000,000. The number of persons entitled to three votes was estimated at 200,000; to two votes, at 860,000; to one vote, at 1,530,000; to no vote, at 1,270,000. An aggregate of 1,060,000 persons in the first two classes would cast 2,320,000 votes; an aggregate of 2,800,000 in the last two would cast 1,530,000 votes. The number of persons participating in parliamentary elections would be more than doubled, but political power would remain where it was already lodged. The measure would have operated, indeed, to strengthen the Magyar position, and while the Germans would have profited somewhat by it, the Slavs would have lost largely such power as they at present possess. Based as the scheme was upon a curious elaboration of the educational qualification, it was recognized instantly, both in the kingdom and outside, as an instrument of deliberate Magyar domination. Among the Slavic populations the prevalence of illiteracy is such that the number of persons who could attain the possession of even one direct vote would be insignificant. By the Socialists, and by the radical and Slavic elements generally, the scheme was denounced as a sheer caricature of the universal, equal, and direct suffrage for which demand had been made.
Upon the introduction of the bill parliamentary discord broke out afresh, and through 1909 there was a deadlock which effectually prevented the enactment of even the necessary measures of finance. In January, 1910, the sovereign at last succeeded in securing a new ministry, presided over by Count Hedérváry, and in the programme of this Government the introduction of manhood suffrage was accorded a place of principal importance. June 26, 1910, the Speech from the Throne, at the opening of the newly elected parliament, announced that a franchise bill would be submitted "on the basis of universal suffrage and in complete maintenance of the unitary national character of the Hungarian state." Various circumstances co-operated, however, to impose delay and, despite the sovereign's reiterated interest in the reform, no action as yet has been taken. The Hungarian franchise remains the most illiberal and the most antiquated in Europe. The racial situation seems utterly to preclude the possibility of a reform that will be in all respects satisfactory; indeed, it seems almost to preclude the possibility of reform at all. Yet, that the pressure will be continued until eventually there shall be an overhauling of the present inadequate system can hardly be doubted.[700]
549. Electoral Procedure.—Elections are conducted in each town or comitat (county) by a central electoral committee of at least twelve members, chosen by the municipal council of the town or by the general council of the comitat. The list of voters in each district is drawn up by a sub-committee of this body. When an election is to be held, the Minister of the Interior fixes, thirty days in advance, a period of ten days during which the polling must be completed. As in Great Britain, the elections do not take place simultaneously, and a candidate defeated in one constituency may stand, and possibly be successful, in another. All polling within a particular town or comitat, however, is concluded within one day. Candidates may be nominated by any ten electors of the district, and candidacies may be declared until within thirty minutes of the hour (eight o'clock A.M.) for the polling to begin.
Voting is everywhere public and oral. Each elector, after giving his name and establishing his identity, simply proclaims in a loud voice the name of the candidate for whom he desires to have his vote recorded. If no candidate obtains an absolute majority, the central committee fixes a date (at least fourteen days distant) for a second polling, on which occasion the contest lies between the two candidates who at the first balloting polled the largest number of votes. Prior to a law of 1899 defining jurisdiction in electoral matters, Hungarian elections were tempestuous, and not infrequently scandalous. Beginning with the elections of 1901, however, electoral manners have shown considerable improvement; though ideal conditions can hardly be realized until oral voting shall have been replaced by the secret ballot.[701] Any elector who has attained the age of twenty-four, is a registered voter, and can speak Magyar (the official language of Hungarian parliamentary proceedings) is eligible as a candidate. Deputies receive a stipend of 4,800 crowns a year, with an allowance of 1,600 crowns for house rent.
550. Parliamentary Organization and Procedure.—The national parliament assembles in regular session once a year at Budapest. Following a general election, the Chamber of Deputies meets, under the presidency of its oldest member, after a lapse of time (not exceeding thirty days) fixed by the royal letters of convocation. The Chamber of Magnates being convoked by the crown at the same date, all members repair to the royal palace to hear the Speech from the Throne, which is delivered by the king in person or by an especially appointed royal commissioner.[702] The lower chamber then passes upon the validity of the election of its members, though by law of 1899 the actual exercise of this jurisdiction is committed in large part to the Royal High Court.[703] The president and vice-president of the Chamber of Magnates are appointed by the king from the members of that house; the secretaries are elected by the house from its own members, by secret ballot. The lower house elects, from its members, all of its officials—a president, two vice-presidents, and a number of secretaries. The presidents of the two houses are chosen for the entire period of the parliament; all other officials are chosen annually at the beginning of a session.
Each house is authorized, at its first annual session after an election, to adopt an order of business and to make the necessary regulations for the maintenance of peace and propriety in its deliberations. The president, with the aid of sergeants-at-arms, is charged with the strict enforcement of all such rules. Sittings of the two houses are required to be public, but spectators who disturb the proceedings may be excluded. The maximum life of a parliament was raised, in 1886, from three years to five. It is within the power of the king, however, not only to extend or to adjourn the annual session, but to dissolve the lower chamber before the expiration of the five-year period. In the event of a dissolution, orders are required to be given for a national election, and these orders must be so timed that the new parliament may be assembled within, at the most, three months after the dissolution. And there is the further requirement that, in the event of a dissolution before the budget shall have been voted for the ensuing year, the convocation of the new parliament shall be provided for within such a period as will permit the estimates for the succeeding year to be considered before the close of the current year.
551. The Powers of Parliament: the Parliamentary System.—In the Hungarian constitutional system Parliament is in a very real sense supreme. The king can exercise his prerogatives only through ministers who are responsible to the lower chamber, and all arrangements pertaining to the welfare of the state fall within the competence of the legislative branch. Within Parliament it is the Chamber of Deputies that preponderates. Aside from the king and ministry, it alone enjoys the power of initiating legislation; and the opposition with which the Chamber of Magnates may be disposed to meet its measures invariably melts away after a show of opinion has been made. By a simple majority vote in the lower chamber a minister may be impeached for bribery, negligence, or any act detrimental to the independence of the country, the constitution, individual liberty, or property rights. Trial is held before a tribunal composed of men chosen by secret ballot by the Chamber of Magnates from its own members. For the purpose thirty-six members in all are required to be elected. Of the number, twelve may be rejected by the impeachment commission of the lower house, and twelve others by the minister or ministers under impeachment. Those remaining, at least twelve in number, try the case. Procedure is required to be public and the penalty to be "fixed in proportion to the offense."[704]
The statement which has sometimes been made that the parliamentary system operates to-day in the kingdom of Hungary in a fuller measure than in any other continental country requires qualification. Nominally, it is true, an unfavorable vote in the Deputies upon a Government measure or action involves the retirement of a minister, or of the entire cabinet, unless the crown is willing to dissolve the Chamber and appeal to the country; and no Government project of consequence can be carried through without parliamentary approval. Practical conditions within the kingdom, however, have never been favorable for the operation of parliamentarism in a normal manner. In the first place, the parliament itself is in no wise representative of the nation as a whole. In the second place, the proceedings of the body are not infrequently so stormy in character that for months at a time the essential principles of parliamentarism are hopelessly subverted. Finally, and most fundamental of all, at no period in the kingdom's history have there been two great parties, contending on fairly equal terms for the mastery of the state, each in a position to assume direction of the government upon the defeat or momentary discomfiture of the other. From 1867 to 1875, as will appear, there was but one party (that led by Deák) which accepted the Compromise, and hence could be intrusted with office; and from 1875 to the present day there has been but one great party, the Liberal, broken at times into groups and beset by more or less influential conservative elements, but always sufficiently compact and powerful to be able to retain control of the government. Under these conditions it has worked out in practice that ministries have retired repeatedly by reason of decline of popularity, internal friction, or request of the sovereign, and but rarely in consequence of an adverse vote in Parliament.
IV. Political Parties
552. The Question of the Ausgleich.—Throughout half a century the party history of Hungary has centered about two preponderating problems, first, the maintenance of the Compromise with Austria and, second, the preservation of the political ascendancy of the Magyars. Of these the first has been the more fundamental, because the ascendancy of the Magyars was, and is, an accomplished fact and upon the perpetuation of that ascendancy there can be, among the ruling Magyars themselves, no essential division. The issue upon which those elements of the population which are vested with political power (and which, consequently, compose the political parties in the true sense) have been always most prone to divide, is that of the perpetuation and character of the Ausgleich. To put it broadly, there have been regularly two schools of opinion in respect to this subject. There have been the men, on the one hand, who accept the arrangements of 1867 and maintain that by virtue of them Hungary, far from having surrendered any of her essential interests, has acquired an influence and prestige which otherwise she could not have enjoyed. And there have been those, on the other hand, who see in the Ausgleich nothing save an abandonment of national dignity and who, therefore, would have the arrangement thoroughly remodelled, or even abrogated outright. Under various names, and working by different methods, the parties of the kingdom have assumed almost invariably one or the other of these attitudes.
553. Formation of the Liberal Party.—As has been pointed out, the Compromise was carried through the Hungarian parliament in 1867 by the party of Deák. Opposed to it was the Left, who favored the maintenance of no union whatsoever with Austria save through the crown. The first ministry formed under the new arrangement, presided over by Count Andrássy, was composed of members of the Deák party, and at the national elections of 1869 this party obtained a substantial, though hard-won, majority. In 1871 Andrássy resigned to become the successor of Count Beust in the joint ministry of foreign affairs at Vienna, and two years later Deák himself, now an aged man, withdrew from active political life. There followed in Hungary an epoch of political unsettlement during the course of which ministries changed frequently, finances fell into disorder, and legislation was scant and haphazard. The Deák party disintegrated and, but for the fact that the Left gradually abandoned its determination to overthrow the Ausgleich, the outcome might well have been a constitutional crisis, if not war. As it was, when, in February, 1875, the leader of the Left, Kálman Tisza, publicly acknowledged his party's conversion to the Austrian affiliation, the fragments of the Deák party amalgamated readily with the Left to form the great Liberal party by which the destinies of Hungary have been guided almost uninterruptedly to the present day. Except for the followers of Kossuth, essentially irreconcilable, the Magyars were now united in the support of some sort of union with Austria, and most of them were content for the present to abide by the arrangement of 1867. Before the close of 1875 Tisza was established at the head of a Liberal cabinet, and from that time until his fall, in March, 1890, he was continuously the real ruler of Hungary.
554. The Liberal Ascendancy: Tisza, Szápáry, Wekerle, and Bánffy.—The primary policy of Tisza was to convert the polyglot Hungarian kingdom into a centralized and homogeneous Magyar state, and to this end he did not hesitate to employ the most relentless and sometimes unscrupulous means. Nominally a Liberal, he trampled the principles of liberalism systematically under foot. To the disordered country, however, his strong rule brought no small measure of benefit, especially in respect to economic conditions. He supported faithfully the Compromise of 1867; but when, in 1877, the commercial treaty between the two halves of the monarchy expired he contrived to procure increased advantages for Hungary, and among them the conversion of the Austrian National Bank into a joint institution of the two states. Opposition to the Tisza régime arose from two sources principally, i.e., the Kossuth party of Independence, which clung still to the principles of 1848, and the National party, led by the brilliant orator Count Albert Apponyi, distinguishable from the Independence group, on the one hand, by its provisional acquiescence in the Ausgleich and from the Liberals, on the other, by its still more enthusiastic advocacy of Magyarization. At Vienna, Tisza was regarded as indispensable; but growing discontent in Hungary undermined his position and March 13, 1890, he retired from office.
With the fall of Tisza there was inaugurated a period of short ministries whose history it would be unprofitable to attempt to recount in detail. The Liberal party continued in control, for there had appeared no rival group of sufficient strength to drive it from power. But the rise of a series of issues involving the relations of church and state injected into the political situation a number of new elements and occasioned frequent readjustments within the ministerial group. The ministry of Count Szápáry, which succeeded that of Tisza was followed, November 21, 1892, by that of Dr. Sandor Wekerle, and it, in turn, after a number of the religious bills had been passed, was succeeded, January 11, 1895, by a cabinet presided over by Baron Bánffy. At the elections of 1896 the Liberals were overwhelmingly triumphant, acquiring in the lower chamber a majority of two to one. The Nationalist contingent was reduced from 57 to 35.
555. The Era of Parliamentary Obstructionism.—The period covered by the Bánffy ministry (January, 1895, to February, 1899) was one of the stormiest in Hungarian parliamentary history. At the close of 1897 the decennial economic agreement with Austria came automatically to an end, and despite its best efforts the Government was unable to procure from Parliament an approval of a renewal of the arrangement. Through two years successively the existing agreement was extended provisionally for twelve months at a time. It was only during the ministry of Széll, who took office in February, 1899, that a renewal was voted, covering the period to 1907. In Hungary there is no constitutional provision equivalent to Section 14 of the constitution of Austria, but during 1897-1899 the utter breakdown of legislation at Budapest drove Premier Bánffy to a policy of government by decree very similar to that which was at the same time being employed at Vienna. The Government had all of the while a substantial majority, but the obstructionist tactics of the Independence group, the Apponyi Nationalists, and the Clericals were of such a nature that normal legislation was impossible. Under the régime of Széll (February, 1899, to May, 1903), who was a survivor of the old Deák group, constitutionalism was rehabilitated and the Liberals who had been alienated by Bánffy's autocratic measures were won back to the Government's support. Nationalist obstruction likewise diminished, for the primary object of Apponyi's followers had been to drive Bánffy from power.
The brief ministry of Count Khuen-Hedérváry (May 1 to September 29, 1903) was followed by a ministry presided over by Count István [Stephen] Tisza, son of Kálman Tisza, premier from 1875 to 1890. The principal task of the younger Tisza's ministry was to effect an arrangement whereby the Hungarian army, while remaining essentially Hungarian, should not be impaired in efficiency as a part of the dual monarchy's military establishment. During parliamentary consideration of this subject obstruction to the Government's proposals acquired again such force that, under the accustomed rules of procedure, no action could be taken. November 18, 1904, the opposition shouted down a Modification of the Standing Orders bill, designed to frustrate obstruction, and would permit no debate upon it; whereupon, the president of the Chamber declared the bill carried and adjourned the house until December 13, and subsequently until January 5, 1905. The opposition commanded now 190 votes in a total of 451. When the date for the reassembling arrived members of the obstructionist groups broke into the parliament house and by demolishing the furniture rendered a session for the time impossible. In disgust Tisza appealed to the country, only to be signally defeated. The Government carried but 152 seats. The Kossuth party of Independence alone carried 163; the Liberal dissenters under Andrássy got 23; the Clerical People's party, 23; the Bánffy group, 11; and the non-Magyar nationalities, 8. Tisza sought to retire, but not until June 17, 1905, would the sovereign accept his resignation.
556. The Government's Partial Triumph.—Incensed by the prolonged, and in many respects indefensible, character of the parliamentary deadlock, Francis Joseph resolved to establish in office an essentially extra-constitutional ministry which should somehow contrive to override the opposition, and likewise to set on foot a movement looking toward the revolutionizing of Hungarian parliamentary conditions by the introduction of manhood suffrage. Under the ministry of Baron Fejérváry, constituted June 21, 1905, there was inaugurated a period of frankly arbitrary government. Parliament was prorogued repeatedly, and by censorship of the press, the dragooning of towns, and the dismissal of officers the Magyar population was made to feel unmistakably the weight of the royal displeasure. For awhile there was dogged resistance, but in time the threat of electoral reform took the heart out of the opposition. Outwardly a show of resistance was maintained, but after the early months of 1906 the Government may be said once more to have had the situation well in hand. Two events of the year mentioned imparted emphasis to the profound change of political conditions which the period of conflict had produced. The first was the establishment, under the premiership of the Liberal leader Dr. Wekerle, of a coalition cabinet embracing a veritable galaxy of Hungarian statesmen, including Francis Kossuth, Count Andrássy, and Count Apponyi. The second was the all but complete annihilation, at the national elections which ensued, of the old Liberal party, and the substitution for it, in the rôle of political preponderance, of the Kossuth party of Independence. The number of seats carried by this rapidly developing party was 250, or more than one-half of the entire number in the Chamber.
557. The Parliamentary Conflict Renewed.—The Wekerle cabinet entered office pledged to electoral reform, although in the subject it in reality cherished but meager interest. In 1908, as has been related, it was impelled by popular pressure to submit a new electoral scheme;[705] but that scheme was conceived wholly in the Magyar interest and did not touch the real problem. It very properly failed of adoption. Meanwhile the ministry fell into hopeless disagreement upon the question of whether Hungary should consent to the renewal of the charter of the Austro-Hungarian Bank (to expire December 31, 1910) or should hold out for the establishment of a separate Hungarian Bank, and, April 27, 1909, Premier Wekerle tendered his resignation. At the solicitation of the sovereign he consented to retain office until a new ministry could be constituted, which, in point of fact, proved to be until January 17, 1910. Added to the problem of the Bank was an even more vexatious one, that, namely, of the Magyarization of the Hungarian regiments. The extremer demands in the matter of Magyarization emanated, of course, from the Independence party, though upon the issue the party itself became divided into two factions, the extremists being led by Justh and the more moderate element by Kossuth. The coalition was disrupted utterly; the Wekerle ministry dragged on simply because through many months no other could be brought together to take its place. The year 1909 passed without even the vote of a budget.
January 17, 1910, Count Hedérváry succeeded in forming a cabinet, and there ensued a lull in the political struggle. At the elections of June, the Government—representing virtually the revived Liberal party—carried 246 seats, while the two wings of the Independence party secured together only 85. The Clericals were reduced to 13 and the non-Magyars to 7. Under the leadership of István Tisza there was organized, at the beginning of 1910, a so-called "National Party of Work," which by the emphasis which it laid upon its purpose of practical achievement commended itself to large elements of the nation. By the Hedérváry government it was announced that the franchise would be reformed in such a manner as to maintain, without the employment of the plural vote, the historical character of the Magyar state; but the bitterness of Magyar feeling upon the subject continued to preclude all possibility of action. The embarrassments continually suffered by the Hedérváry ministry reached their culmination in the winter of 1911-1912, at which time the relations between Austria and Hungary became so strained that Emperor Francis Joseph threatened to abdicate unless pending difficulties should be adjusted. The question of most immediate seriousness pertained to the adoption of new regulations for the military establishment, but the electoral issue loomed large in the background. The retirement of the Hedérváry cabinet, March 7, 1912, and the accession of a ministry presided over by Dr. de Lukacs affected the situation but slightly. The new premier made it clear that he would labor for electoral reform, and issue was joined with him squarely upon this part of his programme by the aristocracy, the gentry, the Chamber of Magnates, and all the adherents of Andrássy, Apponyi, and Kossuth, with the deliberately conceived purpose of frightening the Government, and especially the Emperor-King, into an abandonment of all plans to tamper with existing electoral arrangements. During the earlier months of the ministry efforts of the premier to effect a working agreement with the forces of opposition were but indifferently successful.[706]
V. The Judiciary and Local Government
558. Law and Justice.—The law of Hungary, like that of England, is the product of long-continued growth. It consists fundamentally of the common law of the mediæval period (first codified by the jurist Verböczy in the sixteenth century), amplified and modernized in more recent times, especially since the reforms of 1867, so that what originally was little more than a body of feudal customs has been transformed into a comprehensive national code. Hungarian criminal law, codified in 1878, is recognized to be the equal of anything of the kind that the world possesses. Since 1896 there has been in progress a codification of the civil law, and the task is announced to be approaching completion. There are numerous special codes, pertaining to commerce, bankruptcy, and industry, whose promulgation from time to time has marked epochs in the economic development of the nation.
The lower Hungarian tribunals, or courts of first instance, comprise 458 county courts, with single judges, and 76 district courts, with two or more judges each. Both exercise jurisdiction in civil and criminal cases; but the jurisdiction of the county courts in civil cases extends only to suits involving not more than 1,200 crowns, while in criminal cases these tribunals are not competent to impose punishment exceeding a single year's imprisonment. The district courts serve as courts of appeal from the county courts. Of superior courts there are fourteen—twelve "royal tables," or courts of appeal, a Supreme Court of Justice at Agram, and a Royal Supreme Court at Budapest. The twelve contain, in all, 200 judges; the Royal Supreme Court contains 92. All judges are appointed by the king. Once appointed, they are independent and irremovable. Only Hungarian citizens may be appointed, and every appointee must have attained the age of twenty-six, must be of good moral character, must be familiar with the language of the court in which he is to serve, and must have passed the requisite legal examinations. Salaries vary from 3,840 to 10,000 crowns. Supreme administrative control of the judicial system is vested in the Minister of Justice. The sphere of his authority is regulated minutely by parliamentary statute. In the main, he supervises the judges, attends to the legal aspects of international relations, prepares bills, and oversees the execution of sentences.
559. Local Government: the County.—The principal unit of local government in Hungary is the county. The original Hungarian county instituted by St. Stephen about the year 1000, was simply a district, closely resembling the English county or the French department, at the head of which the king placed an officer to represent the crown in military and administrative affairs. Local self-government had its beginning in the opposition of the minor nobility to this centralizing agency, and in periods of royal weakness the nobles usurped a certain amount of control, first in justice, later in legislation, and finally in the election of local officials, which in time was extended legal recognition. At all points the county became substantially autonomous. Indeed, by 1848 Hungary was really a confederation of fifty-two counties, each not far removed from an aristocratic republic, rather than a centralized state. For a time after 1867 there was a tendency toward a revival of the centralization of earlier days. In 1876 laws were enacted which vested the administration of the county in a committee composed in part of members elected within the county, but also in part of officials designated by the crown; and a statute of 1891 went still further in the direction of bureaucratic centralization. More recently, however, the county has undergone a slight measure of democratization.
Exclusive of Croatia-Slavonia, there are in Hungary to-day 63 rural counties and 36 urban counties or towns with municipal rights. In Croatia-Slavonia the numbers are 8 and 4 respectively. The urban counties are in reality municipalities and are essentially separate from the rural counties in which they are situated. The governmental system of the county comprises a council of twenty, composed half of members chosen by the electors for six years and half of persons who pay the highest taxes, together with an especially appointed committee which serves as the local executive. At the head of the assembly is the föispán, or lord lieutenant, appointed by the crown. Legally, the counties may withhold taxes and refuse to furnish troops, but there is no popular representation in the true sense in the county governments. The franchise is confined to the very restricted parliamentary electorate. The subject races and the working classes are unrepresented and the real possessors of power are the Magyar landowners.
560. Croatia, Slavonia, and Dalmatia.—To the kingdom of Hungary proper are attached certain partes adnexæ which enjoy a large measure of political autonomy. Dalmatia, united to Hungary at the beginning of the twelfth century, belongs de jure to Hungary and de facto to Austria; Croatia and Slavonia belong both de jure and de facto to Hungary.[707] Croatia and Slavonia, as Hungarian dominions, have always possessed a peculiar status. They are inalienable portions of the kingdom, and in all that pertains to war, trade, and finance they are on precisely the same footing as any other part of the state. In other matters, however, i.e., in religion, education, justice, and home affairs generally, they enjoy a wide range of independent control. The administration of common affairs is vested in the Hungarian ministry, which must always contain a minister with the special function of supervision of Croatian interests. In the parliament at Budapest Croatia-Slavonia is represented by 40 members (sent from its own diet) in the Chamber of Deputies and three members in the Chamber of Magnates. These arrangements exist in virtue originally of an agreement concluded between the Magyars and the Croats in 1868, and they are closely analogous to the relationships established by the Compromise of the previous year between Hungary and Austria. The compact of 1868 was renewed upon several occasions prior to 1898, since which time it has been intermittently under process of revision. Among the Croats there has long been insistent demand for its fundamental modification. The charge, in general, is that as at present administered the arrangement operates all but exclusively to the benefit of the Hungarians.[708] The Wekerle coalition ministry of 1906 promised a redress of grievances, but none was forthcoming, and in more recent years, especially 1907-1908, riots and other anti-Magyar demonstrations have been not uncommon in the territories.
The local Croatian-Slavonian diet is a unicameral body consisting of 90 deputies elected by districts, and of dignitaries (ecclesiastics, prefects of counties, princes, counts, and barons) to the number of not more than half of the quota of elected members. The executive consists of the three departments of Interior and Finance, Culture and Education, and Justice. At the head of each is a chief, and over them all presides an official known as the Banus. The Banus is appointed by the crown on the nomination of the premier. He is ex-officio a member of the Chamber of Magnates, and it is his function to supervise all matters of administration in the provinces, under the general direction of the Croatian minister, who constitutes the vital tie between the central government at Budapest and the dependent territories. Local government is administered in eight rural and four urban counties.[709]
CHAPTER XXVII
AUSTRIA-HUNGARY: THE JOINT GOVERNMENT
561. The Ausgleich.—The unique political relation which subsists to-day between the Empire of Austria and the kingdom of Hungary rests upon the Ausgleich, or Compromise, of 1867, supplemented at certain points by agreements of more recent date. The fundamental terms of the arrangement, worked out by the Emperor Francis Joseph, Deák, and Baron Beust, were incorporated in essentially identical statutes enacted by the Hungarian Parliament and the Austrian Reichsrath December 21 and 24 of the year mentioned. Between the demand of Hungary, on the one hand, for independence (save only in respect to the crown), and that of Austria, on the other, for the thoroughgoing subordination of the Hungarian to an Imperial ministry, there was devised a compromise whose ruling principle is that of dualism rather than that of either absolute unity or subordination. Under the name Austria-Hungary there was established a novel type of state consisting of an empire and a kingdom, each of which, retaining its identity unimpaired, stands in law upon a plane of complete equality with the other. Each has its own constitution, its own parliament, its own ministry, its own administration, its own courts. Yet the two have but one sovereign and one flag, and within certain large and important fields the governmental machinery and public policy of the two are maintained in common. The laws which comprise the basis of the arrangement are the product of international compact. They provide no means by which they may be amended, and they can be amended only in the manner in which they were adopted, i.e., by international agreement supplemented by reciprocal parliamentary enactment.[710]
I. The Common Organs of Government
562. The Emperor-King.—Of organs of government which the two dominions possess in common, and by which they are effectually tied together administratively, there are three: (1) the monarch; (2) the ministries of Foreign Affairs, War, and Finance; and (3) the Delegations. The functions and prerogatives of the monarch are three-fold, i.e., those which he possesses as emperor of Austria, those which belong to him as king of Hungary, and those vested in him as head of the Austro-Hungarian union. In theory, and largely in practice, the three sets of relationships are clearly distinguished. All, however, must be combined in the same individual. The law of succession is the same, and it would not be possible for Francis Joseph, for example, to vacate the kingship of Hungary while retaining the Imperial office in the co-ordinated state. But there is a coronation at Vienna and another at Budapest; the royal title reads "Emperor of Austria, King of Bohemia, etc., and Apostolic King of Hungary"; and the relations of the sovereign with each of the two governments are most of the time conducted precisely as if the other of the two were non-existent. In the capacity of dual sovereign the monarch's principal functions comprise the command of the army and navy,[711] the appointment of heads of the joint ministries, the promulgation of ordinances applying to the states in common, and the giving of assent to measures enacted by the dual legislative body.
563. The Joint Ministries.—By the Compromise of 1867 the three departments of administration which most obviously require concentration and uniformity were established upon a basis of community between the two governmental systems. The first of these is the ministry of Foreign Affairs. Neither Austria nor Hungary as such maintains diplomatic intercourse with other powers; Under the direction of the Foreign Minister (known, until 1871, as the Imperial Chancellor) are maintained all relations with foreign governments, through a diplomatic and consular service which represents in every respect the monarchy as a whole. Commercial treaties, and treaties stipulating changes of territory or imposing burdens upon the state or upon any part of it, require the assent of both the parliament at Vienna and that at Budapest.
The second common ministry is that of War. With respect to military and naval administration there has been no little misunderstanding, and even ill-feeling, between the two states. The instruments of 1867 vest the supreme command of the army and navy in the joint monarch, yet the armed establishments of the states are maintained on the basis of separate, even if approximately identical, laws, and each is placed under the immediate supervision of a separate minister of national defence. Each country maintains its independent arrangements for the raising of the yearly contingent of recruits. It is only after the quotas have been raised that the dual monarch can exercise his power of appointing officers and regulating the organization of the forces. The authority of the joint war minister is confined largely to matters of secondary importance, such as equipment and the commissariat. Only a close understanding between the ministries at Vienna and Budapest can be depended upon, in the last analysis, to avert an utter breakdown of the admittedly precarious military establishment.[712]
The third common ministry is that of Finance. Each of the two states maintains an independent finance ministry and carries its own budget, because, within certain limitations, the administration of fiscal matters is left to the states in their separate capacities; but questions of joint expenditure, the establishment of the joint budget, and the examination of accounts are committed to a common ministry at Vienna. The powers of the joint minister of finance are, in point of fact, limited. Like the other joint ministers, he may not be a member of either the Austrian or the Hungarian cabinet, nor may he have access to the separate parliaments. His function is essentially that of a cashier. He receives the contributions made by the two states to the common expenses and hands them over to the several departments. Until the annexation of Bosnia and Herzegovina, in 1908, it devolved upon him, by special arrangement, to administer the affairs of these semi-dependent territories.
564. Fiscal and Economic Arrangements.—In 1867 it was agreed that the common expenditures of Austria and Hungary should be met, in so far as possible, from the joint revenues, especially the customs, and that all common outlays in excess of these revenues should be borne by the states in a proportion to be fixed at decennial intervals by the Reichsrath and the Hungarian Parliament. Other joint interests of an economic nature—trade, customs, the debt, and railway policy—were left likewise to be readjusted at ten-year intervals. In respect to contributions, the arrangement hit upon originally was that all common deficits should be made up by quotas proportioned to the tax returns of the two countries, namely, Austria 70 per cent and Hungary 30 per cent. As has been pointed out, the periodic overhauling of the economic relationships of the two states has been productive of frequent and disastrous controversy. The task was accomplished successfully in the law of June 27, 1878, and again in that of May 21, 1887. But the readjustment due in 1897 had the curious fortune not to be completed until the year in which another readjustment was due, i.e., 1907. To the parliamentary contests, at both Vienna and Budapest, by which the decade 1897—1907 was filled some allusion has been made.[713] They involved distinctly the most critical test of stability to which the Ausgleich has been subjected since its establishment. During the period various features of the pre-existing arrangements were continued in force by royal decree or by provisional parliamentary vote, but not until October, 1907, were the economic relation of the two states put once more upon a normal basis. Throughout the decade the Emperor-King exercised repeatedly the authority with which he is invested by law of 1867 to fix the ratio of contributions for one year at a time, when action cannot be had on the part of the legislative bodies. The ratio prevailing during the period was Austria 66-46/49 per cent and Hungary 33-3/49 per cent.
By the agreement of 1907, concluded for the usual ten-year period, the Hungarian quota was raised from the figure mentioned to 36.4 per cent. The customs alliance, established in 1867 and renewed in 1878 and 1887, was superseded by a customs and commercial treaty, in accordance with which each state maintains what is technically a separate customs system, although until the expiration of existing conventions with foreign powers in 1917 the tariff arrangements of the two states must remain identical. Under the conditions which have arisen the customs unity of the monarchy is likely to be disrupted in fact, as already it is in law, upon the advent of the year mentioned. Thereafter commercial treaties with foreign nations will be negotiated in the name of the two states concurrently and will be signed, not merely by the common minister of foreign affairs, but also by a special Austrian and a special Hungarian representative.[714]
565. The Delegations: Organization and Sessions.—All legislative power of the Reichsrath and of the Hungarian Parliament, in so far as it relates to the joint affairs of the states, is exercised by two "delegations," one representing each of the two parliaments. The Austrian Delegation consists of sixty members, twenty of whom are chosen by the Herrenhaus from its own members, and the other forty of whom are elected by the Abgeordnetenhaus in such manner that the deputies from each province designate a number of delegates allotted to them by law. The Hungarian Delegation consists likewise of sixty members, twenty elected by and from the upper, forty by and from the lower, chamber, with the further requirement that there shall be included four of the Croatian members of the Chamber of Deputies and one of the Croatians in the Chamber of Magnates. All members of both Delegations are elected annually and may be re-elected. They must be convoked by the Emperor-King at least once a year. Every device is employed to lay emphasis upon the absolute equality of the two Delegations, and of the states they represent, even to the extent of having the sessions held alternately in Vienna and Budapest. The two bodies meet in separate chambers, each under a president whom it elects, but the proposals of the Government are laid before both at the same time by the joint ministry. In the Austrian Delegation all proceedings are conducted in the German tongue; in the Hungarian, in Magyar; and all communications between the two are couched in both languages. Sittings, as a rule, are public. In the event of a failure to agree after a third exchange of communications there may be, upon demand of either Delegation, a joint session. Upon this occasion there is no debate, but merely the taking of a vote, in which there must participate an absolutely equal number of members of the two organizations.
566. The Delegations: Powers.—The members of the common ministry have the right to share in all deliberations of the Delegations and to present their projects personally or through deputies. They must be heard whenever they desire. Each Delegation, on the other hand, has a right to address questions to the joint ministry, or to any one of its members, and to require answers and explanations. By concurrent vote of the two bodies a joint minister may be impeached. In such a case the judges consist of twenty-four independent and legally trained citizens representing equally the two countries, chosen by the Delegations, but not members thereof. The power is one very unlikely to be exercised; in truth, the responsibility of the ministers to the Delegations is more theoretical than actual.
The functions of the Delegations are severely restricted. They extend in no case beyond the common affairs of the two states; and they comprise little more than the voting of supplies asked by the Government and a certain supervision of the common administrative machinery. Of legislative power, in the proper sense, the two bodies possess virtually none. Practically all law in the dual monarchy takes the form of statutes enacted concurrently by the separate parliaments of Austria and Hungary. The system is not ideal. It involves delay, confusion, and an excess of partisan wrangling. Probably upon no other basis, however, would even the semblance of an Austro-Hungarian union be possible. The existing arrangement operates somewhat to the advantage of Hungary, because the Hungarian Delegation is a body which votes solidly together, whereas the Austrian is composed of mutually hostile racial and political groups.
II. The Territories of Bosnia and Herzegovina
567. Annexation of the Provinces, 1908.—By the Congress of Berlin, in 1878, Austria was authorized, ostensibly in the interest of the peace of Europe, to occupy and administer the neighboring provinces of Bosnia and Herzegovina; and from that date until 1908, although the provinces continued under the nominal sovereignty of the Sultan of Turkey, their affairs were managed regularly by the Austro-Hungarian minister of finance. The eventual absorption of the territories by the dual monarchy was not unexpected, but it came in virtue of a coup by which the European world was thrown for a time into some agitation. The revolution at Constantinople during the summer of 1908, accompanied by the threatened dissolution of European Turkey, created precisely the opportunity for which the authorities at Vienna had long waited. October 5, Prince Ferdinand of Bulgaria proclaimed the complete separation of Bulgaria from the Sultan's dominions and assumed the title of king. Two days later Emperor Francis Joseph proclaimed to the inhabitants of Bosnia and Herzegovina the immediate extension of Austro-Hungarian sovereignty over them, alleging that the hour had arrived when they ought to be raised to a higher political level and accorded the benefits of Austro-Hungarian constitutionalism. Among the population of the annexed provinces the Roman Catholic element approved the union, but the Greek Orthodox and Mohammedan majority warmly opposed it. The people of the provinces are Servian in race, and in the interest of the Servian union which it was hoped at some time to bring about Servia and Montenegro protested loudly, and even began preparations for war. The annexation constituted a flagrant infraction of the Berlin Treaty, and during some weeks the danger of international complications was grave. Eventually, however, on the understanding that the new possessor should render to Turkey certain financial compensation, the various powers more or less grudgingly yielded their assent to the change of status.
568. The Constitution of 1910: the Diet. At the time of the annexation it was promised that the provinces should be granted a constitution. The pledge was fulfilled in the fundamental laws which were promulgated by the Vienna Government February 22, 1910. The constitution proper consists of a preamble and three sections, of which the first relates to civil rights, the second to the composition of the Diet, and the third to the competence of the Diet. Under the terms of the preamble the pre-existing military and administrative arrangements are perpetuated. The civil rights section extends to the annexed provinces the principal provisions of the Austrian constitution in respect to equality before the law, freedom of personal movement, the protection of individual liberty, the independence of judges, freedom of conscience, autonomy of recognized religious communities, the right of free expression of opinion, the abolition of restrictive censorship, the freedom of scientific investigation, secrecy of postal and telegraphic communications, and the rights of association and public meeting.
The second section creates a diet of seventy-two elected and twenty ex-officio representatives, fifteen of the latter being dignitaries of the Mohammedan, Servian, Greek Orthodox and Roman Catholic religious communities. The presidential bureau, consisting of one president and two vice-presidents, is appointed annually by the crown at the opening of the session. Each creed is regularly to be represented in the bureau, the presidential office being held by a Servian, a Mohammedan, and a Croat in annual rotation. To be valid, the decisions of the Diet require the presence of a majority of the members, except when ecclesiastical matters are under discussion. Upon such occasions the presence of four-fifths of the Diet, and a two-thirds majority, is required.
The third section excludes from the legislative competence of the Diet all joint Austro-Hungarian affairs and questions pertaining to the armed forces and to customs arrangements. The Diet is, however, empowered to elect a national council of nine members and to commission it to lay the views of the Diet before the Austro-Hungarian Government. In all other matters, such as civil, penal, police and commercial law, industrial and agrarian legislation, sanitation, communications, taxation, the provincial estimates, the issue and conversion of loans, and the sale or mortgaging of provincial property, the Diet has a free hand. Government measures to be submitted to the Diet require, however, the previous sanction of the Austrian and the Hungarian cabinets, whose assent is also necessary before bills passed by the Diet can receive the sanction of the crown.
569. The Electoral System.—Subsequent statutes regulate the franchise and electoral procedure. First of all, the seventy-two elective seats in the Diet are divided among the adherents of the various religious denominations, the Servians receiving 31, the Mohammedans 24, and the Catholic Croats 16. One seat is reserved for a representative of the Jews. The seats are divided, furthermore, into three curiæ, or electoral classes, eighteen being allotted to a first class composed of large landed proprietors and the heaviest taxpayers, twenty to a second class composed of urban electors, and thirty-four to a third class composed of rural electors. The franchise is bestowed upon all subjects of the crown, born in the provinces or possessing one year's residential qualification, who are of the male sex and have completed their twenty-fourth year. In the first of the three classes women possess the franchise, although they may exercise it only by male deputy. Candidates for election must have completed their thirtieth year and must be of the male sex and in full enjoyment of civil rights. Civil and railway servants, as well as public school teachers, are not eligible. In the first and second classes votes are recorded in writing, but in the third, or rural, class, voting, by reason of the large proportion of illiterates, is oral. In the second and third (urban and rural) classes the system of single-member constituencies has been adopted. The provinces are divided into as many Servian, Mohammedan, and Catholic constituencies, with separate registers, as there are seats allotted to the respective creeds. For the Jews all the towns of the two provinces form a single constituency.[715]