ORDINANCE OF THE THIRD OF FEBRUARY, 1847, FOR THE FORMATION OF THE UNITED DIET.
We, Frederick William, by the grace of God, King of Prussia, etc., having taken the opinion of our Ministers of State, make the following Ordinance, in pursuance of our letters patent of this day, in the matter of the affairs of the Diets, respecting the formation of an United Diet:—
Section 1.—We shall unite the eight Provincial Diets of our monarchy in one Diet, as often as is necessary, according to the tenor of our letters patent of this day, or on any other occasion when we think it needful on account of urgent matters of State.
With regard to the place of assembly, and the continuance of the Session of this United Diet, as well as with regard to its opening and close, we will make a special determination in each particular case.
Section 2.—We grant to the Princes of our Royal House, as soon as, according to the prescriptions of law, they have attained majority, the right of sitting and voting in the Estate of Princes, Counts, and Lords, at the United Diet. The Estate of Nobles in this Diet is composed, besides, of the Princes and Counts of the old Imperial Constitution, who have seats in the Provincial Diets, as well as of the Silesian Princes and noblemen, and all other founders, Princes, Counts, and Lords of the eight Provincial Diets who are entitled either to a single or collective vote in those Assemblies.
The Princes of our House may, under our sanction, in case of hindrance, intrust some other Prince of our House with the disposal of their votes.
Single members of the Estate of Nobles, who are invested with full powers in the Provincial Diet, retain this privilege in like manner for the United Diet.
In respect to the organization and enlargement of the Estate of Nobles, we reserve to ourselves the right of further regulations.
Section 3.—The Deputies of the Estate of Knighthood, and the Commoners of the eight Provinces of our monarchy, are to appear in the United Diet in the same numbers as in the Provincial Diets.
Section 4.—To the United Diet we intrust the co-operation reserved to the Provincial Diets in case of State loans by Article 2 of the Ordinance relative to the national debt, dated January 17th, 1820; and, accordingly, no new loans, for which the collective property of the State may be assigned as security (Article 3 of the Ordinance of January 17th, 1820), shall be contracted without the concurrence and guaranty of the United Diet.
Section 5.—If new loans, of the nature mentioned in Section 4, are required for covering the expenses of the State in time of peace, we will not contract them without the consent of the United Diet.
Section 6.—If, however, in the event of expected war, or war already broken out, the funds in our Treasury, and other reserve funds, are insufficient for the requisite purpose, extraordinary supplies and loans must therefore be raised; and if urgent political circumstances should not admit of our appeal to the United Diet, the said loan shall be raised with the concurrence of the deputation for the national debt, which concurrence shall stand in lieu of the co-operation of the States. Loans for the above-mentioned objects, contracted with the concurrence of the deputation, will be raised on the same security as that which, in Article 3 of the Ordinance of January 17th, 1820, is assigned for the national debt.
Section 7.—Should a loan be raised in the manner mentioned in Section 6, we will, on the removal of the obstacles which prevented an appeal to the United Diet, call it together, and explain the object and application of the loan.
Section 8.—Moreover, the United Diet, conformably with Article 9 of the Ordinance of January 17th, 1820, must propose to us the candidates for vacant posts in the chief department for the administration of the national debt; and, conformably with Article 13 of the said Ordinance, the accounts for the administration of the national debt, drawn up by the deputation, must be carefully examined by the United Diet, and submitted to us for discharge in separate resolutions.
When the United Diet is not sitting, this business must be transacted by the Committee of the United Diet.
Section 9.—Without the consent of the United Diet, we will not introduce any new imposts, nor increase the amount of the existing taxes, either generally or in any particular province.
This condition does not, however, extend to import, export, and transit duties, nor to those indirect taxes, the specification, levying, or administration of which may be the subjects of an understanding with other Powers; neither does that condition refer to domains or royal property (whether the arrangements relate to income or to substance), or to taxes for objects relating to provinces, circles, or communes.
Section 10.—In the event of a war, we reserve to ourselves the right of levying extraordinary taxes without the assent of the United Diet, when urgent political circumstances do not permit us to call it together. In such cases, however, we will, as soon as circumstances permit, or at latest on the termination of the war, make known to the United Diet the object and application of the extraordinary taxes which may have been levied.
Section 11.—Should the Diet be called together on any of the occasions specified in Sections 4-10, copies of the finance estimates and the accounts of the State for the intervals between the sittings of the Assembly shall be submitted to the members for their information.
The fixing of the finance estimates, as well as determining the employment of the State revenue, and the application of the surplus to the wants and welfare of the State, remains an exclusive privilege of the Crown.
Section 12.—Conformably with a law of the 5th of January, 1823, we reserve to ourselves the right of demanding extraordinary counsel from the United Diet in framing laws relating to alterations in the rights of persons and property, or on other matters than those alluded to in Section 9, which have for their object alterations in the taxes, whether those laws concern the whole monarchy or several provinces. The Diet is authorized to give the required counsel, with full lawful effect.
Should we deem it necessary to seek counsel of the Diet concerning changes in the constitution of the Diet—changes which, not being limited to any particular province, are not to be arranged by the Diet of that province—we shall demand an opinion from the United Diet, for whose consideration changes in such matters of State are exclusively reserved.
Section 13.—To the United Diet belongs the right of laying before us petitions and complaints relating to the internal affairs of the whole kingdom, or of several provinces; on the other hand, petitions and complaints which concern merely the interests of particular provinces must be referred to the provincial Diets.
Section 14.—When the United Diet has determined on raising new State loans (Section 5), or the introduction of new taxes, or increasing the existing rate of taxes (Section 9), the Estate of the Nobles must take part with the other estates in the discussion and decision. In all other cases the deliberations and votes of the Estate of the Nobles in the United Diet are to take place in a separate assembly.
Section 15.—Every member of the Estate of the Nobles is entitled to a full vote in the United Diet, but when (as mentioned in Section 14) the Estate of the Nobles is united with the other estates in one Assembly, the members of that Estate, taking part in the discussions of the United Diet, have only that number of votes which belongs to them in the Provincial Diets.
Section 16.—Resolutions are to be carried by the majority of votes.
Petitions and complaints are only to be brought under our cognizance when they have been deliberated on in both Assemblies (that is, in the Assembly of the Estate of Nobles, and in the Assembly of Deputies of the Knighthood and Commoners), and when in each of these Assemblies at least two-thirds of the votes have been in favor of such petitions or complaints.
When the two above-named Assemblies, or one of them, after the discussion of a law, or of certain articles of a law, shall decide against that law by a majority less than that above-named, the views of the minority shall be submitted to our consideration.
Section 17.—If on a subject in respect to which the interests of two different estates or provinces may be at variance with each other, a particular estate or province should have reason to complain of a resolution according to the terms of Section 16, a separation of the Assembly into its component parts takes place, if a majority of two-thirds of the said estate or province be obtained.
In such case the estate or province must discuss the matter separately, or pass a separate vote, and the various views entertained on the subject will afterwards be submitted to our decision.
Also, in other cases, we reserve to ourselves the privilege of requiring, when we think fit so to do, a separate opinion from each of the estates and provinces.
Section 18.—For the Estate of Nobles of the Assembled Diet, as well as for the Assembly of the Knighthood and Commoners, we will appoint a Marshal to conduct the business and to act as president. The places of both these Marshals may, in the event of their being disabled from attending, be supplied by Vice-Marshals.
When, as mentioned in Section 14, the Estate of Nobles and the other estates unite together, the Presidency of the Assembly devolves on the Marshal or Vice-Marshal of the Estate of Nobles.
Section 19.—The United Diet is not connected in its functions with those of circles, communes, or corporations; its functions are likewise independent of the classes or persons which it represents; and these are not allowed to give to the Deputies either instructions or commissions.
Section 20.—Petitions or complaints must not be presented or delivered by any except the members of the United Diet.
Section 21.—Petitions and complaints which we have once rejected must not again be presented to us by the said Assembly, and must only be renewed when new causes give occasion for them.
Section 22.—In all deliberations of the United Diet, or of single estates or provinces of the same (Sections 14 to 17), our Ministers of State, and also such of our high officers as we appoint to attend during the whole sitting, or for particular occasions, shall be present, and shall take part in the discussions when they think necessary. They are not, however, to vote, except when they are authorized to do so as members of the Diet.
Section 23.—The business of the United Diet is to be regulated according to rules approved by us.
Given under our autograph signature and royal seal.
FREDERICK WILLIAM.
Berlin, Feb. 3d, 1847.