Thereupon, with a slight modification of numbers, the Provisional Council of State, to which National Democrats, Realists, and Social Democrats refused to belong, came into existence. It consisted of 25 instead of 20 members, 10 for the sphere of Austrian occupation, and 15 for the German. Its functions, however, were prescribed by the occupying powers, and were to all intents and purposes as barren as according to the first German promulgation, running as follows:
(i.) The Council is to be summoned by the two Emperors. When a vacancy occurs it shall be filled up by them, on the order of the Governors-General.
(ii.) Both Governors-General are at liberty to send representatives to the Council to get opinions or to give explanations. They are allowed to speak whenever they desire.
(iii.) Representatives of the Empires are to speak in German: Poles in Polish.
(iv.) The Council is to make proposals about the administration.
(v.) It is to co-operate with the Allied powers in the formation of an army.
In other words, the Council was only to meet when summoned by the two Emperors, either of whom apparently had the power of proroguing it sine die. When it was summoned, the only powers it possessed were those of discussion, and therefore as far as constitutional functions go, it might just as well not meet at all.
As far as I have been able to ascertain, there were, apart from the supporters of the National Democrats, who refused to sit in the Council of State altogether, some eighteen or nineteen parties, most of whom consisted of a mere handful of men, and in consequence the wranglings over the appointment of the Council of State were likely to prove interminable. General von Beseler, after urging conciliation and speed, without success, finally (in January, 1917) issued an ultimatum that the Council of State must be complete in 24 hours, and apparently it was. In this Council the National Democrats, the Realists, and the Social Democrats refused to take part, though Pilsudski, who had raised the Polish legions (of whom presently) said he would not enter the Council without them. Since Germany’s own appeal for raising recruits had proved such a complete fiasco, she knew that the only man who could possibly obtain recruits for them was this very remarkable person. He had great influence with the younger generation and among the working-class, and represented the class of Polish patriotism that was directed against Russia. For these reasons, the Germans considered him essential to their plans, and eventually they succeeded in getting him, without the inclusion in the Council of State of the party for which he had bargained, since the National Democrats absolutely refused to enter it without such rearrangements of seats as would give them and their affiliated groups a predominant vote. Finally also the Jewish element was included in this futile Council, which strengthened the sadly deficient pro-German sympathies of it.
The Council of State opened; von Beseler and Kuk, the Governors of Warsaw and Lublin first spoke, and their joint speech from the throne was replied to by the chairman, Niemojewski, hitherto unknown as a politician. After that no progress of any sort was made, and we learn from Die Post of January 6th, that the principal Polish parties will not co-operate, and this is followed by a lament that in spite of Germany’s exertions on behalf of Poland, Poland will not be her friend. The truth was that the Poles knew very well that this Council of State created by Germany was a sham, constructed and opened merely with the pretence of granting the Constitution which Poland demanded as an essential first step that must be taken before the raising of a national army, which the Poles declared must be an army for the defence of the state, but which Germany designed to fight her own battles. Poland, as a whole, wanted independence and self-government, what it found it had got was a constitution without power, and the privilege of dying for Germany. This was openly asserted by Pilsudski, to whom Germany looked to raise the army, and he announced in the Council that Germany had created the Polish State in order to raise a Polish army for herself.