The King announced the re-establishment of the German Empire; and those around must have remembered that that venerable institution (which differed so widely from the present one that the word "re-establishment" was really misleading) had vanished but sixty-four years before at the behests of the First Napoleon. Next, Bismarck read the Kaiser's proclamation, stating his sense of duty to the German nation and his hope that, within new and stronger boundaries, which would guarantee them against attacks from France, they would enjoy peace and prosperity. The Grand Duke of Baden then called for three cheers for the Emperor, which were given with wild enthusiasm, and were taken up by the troops far round the iron ring that encircled Paris.
Few events in history so much impress one, at first sight, with a sense of strength, spontaneity, and inevitableness. And yet, as more is known of the steps that led up to the closer union of the German States, that feeling is disagreeably warped. Even then it was known that Bavaria and Würtemberg strongly objected to the closer form of union desired by the northern patriots, which would have reduced the secondary States to complete dependence on the federal Government. Owing to the great reluctance of the Bavarian Government and people to give up the control of their railways, posts and telegraphs, these were left at their disposal, the two other Southern States keeping the direction of the postal and telegraphic services in time of peace. Bavaria and Würtemberg likewise reserved the control of their armed forces, though in case of war they were to be placed at the disposal of the Emperor--arrangements which also hold good for the Saxon forces. In certain legal and fiscal matters Bavaria also bargained for freedom of action.
What was not known then, and has leaked out in more or less authentic ways, was the dislike, not only of most of the Bavarian people, but also of its Government, to the whole scheme of imperial union. It is certain that the letter which King Louis finally wrote to his brother princes to propose that union was originally drafted by Bismarck; and rumour asserts, on grounds not to be lightly dismissed, that the opposition of King Louis was not withdrawn until the Bavarian Court favourite, Count Holstein, came to Versailles and left it, not only with Bismarck's letter, but also with a considerable sum of money for his royal master and himself. Probably, however, the assent of the Bavarian monarch, who not many years after became insane, was helped by the knowledge that if he did not take the initiative, it would pass to the Grand Duke of Baden, an ardent champion of German unity.
Whatever may be the truth as to this, there can be no doubt as to the annoyance felt by Roman Catholic Bavaria and Protestant democratic Würtemberg at accepting the supremacy of the Prussian bureaucracy. This doubtless explains why Bismarck was so anxious to hurry through the negotiations, first, for the imperial union, and thereafter for the conclusion of peace with France.
Even in a seemingly small matter he had met with much opposition, this time from his master. The aged monarch clung to the title King of Prussia; but if the title of Emperor was a political necessity, he preferred the title "Emperor of Germany"; nevertheless, the Chancellor tactfully but firmly pointed out that this would imply a kind of feudal over-lordship of all German lands, and that the title "German Emperor", as that of chief of the nation, was far preferable. In the end the King yielded, but he retained a sore feeling against his trusted servant for some time on this matter. It seems that at one time he even thought of abdicating in favour of his son rather than "see the Prussian title supplanted[73]." However, he soon showed his gratitude for the immense services rendered by Bismarck to the Fatherland. On his next birthday (March 22) he raised the Chancellor to the rank of Prince and appointed him Chancellor of the Empire.
It will be well to give here an outline of the Imperial Constitution. In all essentials it was an extension, with few changes, of the North German federal compact of the year 1866. It applied to the twenty-five States of Germany--inclusive, that is, of Hamburg, Bremen, and Lubeck, but exclusive, for the present, of Elsass-Lothringen (Alsace-Lorraine). In those areas imperial law takes precedence of local law (save in a few specially reserved cases for Bavaria and the Free Cities). The same laws of citizenship hold good in all parts of the Empire. The Empire controls these laws, the issuing of passports, surveillance of foreigners and of manufactures, likewise matters relating to emigration and colonisation. Commerce, customs dues, weights and measures, coinage, banking regulations, patents, the consular service abroad, and matters relating to navigation also fall under its control. Railways, posts and telegraphs (with the exceptions noted above) are subject to imperial supervision, the importance of which during the war had been so abundantly manifested.
The King of Prussia is ipso facto German Emperor. He represents the Empire among foreign nations; he has the right to declare war, conclude peace, and frame alliances; but the consent of the Federal Council (Bundesrath) is needed for the declaration of war in the name of the Empire. The Emperor convenes, adjourns, and closes the sessions of the Federal Council and the Imperial Diet (Reichstag). They are convened every year. The Chancellor of the Empire presides in the Federal Council and supervises the conduct of its business. Proposals of laws are laid before the Reichstag in accordance with the resolutions of the Federal Council, and are supported by members of that Council. To the Emperor belongs the right of preparing and publishing the laws of the Empire: they must be passed by the Bundesrath and Reichstag, and then receive the assent of the Kaiser. They are then countersigned by the Chancellor, who thereby becomes responsible for their due execution.
The members of the Bundesrath are appointed by the Federal Governments: they are sixty-two in number, and now include those from the Reichstand of Elsass-Lothringen (Alsace-Lorraine)[74]
The Prussian Government nominates seventeen members; Bavaria six; Saxony and Würtemburg and Alsace-Lorraine four each; and so on. The Bundesrath is presided over by the Imperial Chancellor. At the beginning of each yearly session it appoints eleven standing committees to deal with the following matters: (1) Army and fortifications; (2) the Navy; (3) tariff, excise, and taxes; (4) commerce and trade; (5) railways, posts and telegraphs; (6) civil and criminal law; (7) financial accounts; (8) foreign affairs; (9) Alsace-Lorraine; (10) the Imperial Constitution; (11) Standing Orders. Each committee is presided over by a chairman. In each committee at least four States of the Empire must be represented, and each State is entitled only to one vote. To this rule there are two modifications in the case of the committees on the army and on foreign affairs. In the former of these Bavaria has a permanent seat, while the Emperor appoints the other three members from as many States: in the latter case, Prussia, Bavaria, Saxony, and Würtemberg only are represented. The Bundesrath takes action on the measures to be proposed to the Reichstag and the resolutions passed by that body; it also supervises the execution of laws, and may point out any defects in the laws or in their execution.
The members of the Reichstag, or Diet, are elected by universal (more properly manhood) suffrage and by direct secret ballot, in proportion to the population of the several States[75]. On the average, each of the 397 members represents rather more than 100,000 of the population. The proceedings of the Reichstag are public; it has the right (concurrently with those wielded by the Emperor and the Bundesrath) to propose laws for the Empire. It sits for three years, but may be dissolved by a resolution of the Bundesrath, with the consent of the Emperor. Deputies may not be bound by orders and instructions issued by their constituents. They are not paid.