The attempt at conciliation failed; the report of the Committee was adopted, and an amendment proposed by Vincke, which Bismarck was prepared to accept, was rejected. Bismarck warned the House not to push the conflict too far; the time would come when the prospect of a peaceful solution would have disappeared; then the Government too would be prepared to oppose theory to theory and interpretation to interpretation.

He showed to the President of the House a twig of olive. "I gathered this in Avignon to bring it to the House; it does not seem to be time yet."

The Budget was sent up to the House of Lords in the amended form in which the House of Representatives had passed it; the Lords unanimously threw it out, as they were legally justified in doing; not content with that, they altered it to the original form in which it had been proposed by the Government and sent it down again to the Lower House. This was clearly illegal. Their action, however, was most useful to the Government. A conflict had now arisen between the two Houses, and technically the responsibility for the failure to bring the conciliation about was taken away from the Government; they could entrench themselves behind the impregnable position that the law required the Budget to be passed by both Houses; until this was done they could do nothing. The Houses would not agree; the Government was helpless. The House of Representatives at once passed a motion declaring the vote of the Upper House for altering the Budget null and void, as indeed it was; in the middle of the discussion a message was brought down by the President announcing that the House was to be prorogued that afternoon; they had just time to pass the resolution and to send it in a cab which was waiting at the door to the Upper House, where it was read out amidst the boisterous laughter of the Peers; then both Chambers were summoned to the Palace, and the session closed. The first round in the conflict was over.

The recess was short; the next session was by the Constitution obliged to begin not later than January 15th; there were many who expected that the Constitution would be ignored and the Parliament not summoned. This was not Bismarck's plan; he fulfilled all the technical requirements in the strictest way; he carefully abstained from any action which he could not justify by an appeal to the letter of the Constitution; the government of the country was carried on with vigour and success; he allowed no loophole by which his opponents might injure his influence with the King. It is true that they were spending money which had not been voted, but then, as he explained, that was not his fault; the provisions of the law were quite clear.

It was the duty of the Government to submit the Budget to the Lower House, who could amend it; it had then to be passed in the form of a law, and for this the assent of both Houses of Parliament and of the Crown was required. The Upper House had not the right of proposing amendments, but they had the right of rejecting them. In this case they had made use of their right; no law had been passed the two Houses had not agreed. What was to happen? The Constitution gave no help; there was a gap in it. The Government therefore had to act as best they could. They could not be expected to close the Government offices, cease to pay the troops, and let the government of the country come to an end; they must go on as best they could, taking all the responsibility until they could come to some agreement.

As soon as the House met it began to vote an address to the King. They adopted the obvious fiction, which, in fact, they could not well avoid, that he was being misled by his Ministers, and the attitude of the country misrepresented to him; even had they known as well as we do that the Ministers were only carrying out the orders of the King, they could not well have said so. Bismarck, however, did not attempt to conceal the truth; the address, he said, touched the King; the acts complained of were done in the name of the King; they were setting themselves against him. The contest was, who was to rule in Prussia, the House of Hohenzollern or the House of Parliament. He was at once accused of disloyalty; he was, they said, protecting himself behind the person of the sovereign, but, of course, it was impossible for him not to do so. The whole justification for his action was that he was carrying out the King's orders. What was at the root of the conflict but the question, whether in the last resort the will of the King or the majority of the House should prevail? To have adopted the English practice, to have refrained from mentioning the King's name, would have been to adopt the very theory of the Constitution for which the House was contending, the English theory that the sovereign has neither the right of deciding nor responsibility; it would have been to undermine the monarchical side of the Constitution which Bismarck was expressly defending. The King himself never attempted to avoid the responsibility; in a public speech he had already said that the army organisation was his own work: "It is my own and I am proud of it; I will hold firmly to it and carry it through with all my energy." In his answer to the address from the House, both on this and on later occasions, he expressly withdrew the assumption that he was not well informed or that he did not approve of his Ministers' action.

The address was carried by a majority of 255 to 68; the King refused to receive it in person. The House then proceeded to throw out a Bill for military reorganisation which was laid before them; they adopted a resolution that they reserved for later discussion the question, for what part of the money illegally spent in 1862 they would hold the Ministry personally responsible. They then proceeded to the Budget of 1863, and again rejected the army estimates; they refused the money asked for raising the salaries of the ambassadors (Bismarck himself, while at St. Petersburg, had suffered much owing to the insufficiency of his salary, and he wished to spare his successors a similar inconvenience); and they brought in Bills for the responsibility of Ministers. The public attention, however was soon directed from these internal matters to even more serious questions of foreign policy.

At the beginning of February the Poles had once more risen in revolt against the Russian Government. Much sympathy was felt for them in Western Europe. England, France, and Austria joined in representations and remonstrances to the Czar; they expected that Prussia would join them.

Nothing could have been more inconvenient to Bismarck; he was at the time fully occupied in negotiations about German affairs, and he was probably anxious to bring to a speedy issue the questions between Prussia and Austria; it was therefore most important to him to be on good terms with France and England, for he would not challenge Austria unless he was sure that Austria would have no allies; now he must quarrel with either Russia or with France. An insurrection in Poland was, however, a danger to which everything else must be postponed; on this his opinion never varied, here there could be no compromise. He was perfectly open: "The Polish question is to us a question of life and death," he said to Sir Andrew Buchanan. There were two parties among the Poles; the one, the extreme Republican, wished for the institution of an independent republic; the other would be content with self-government and national institutions under the Russian Crown; they were supported by a considerable party in Russia itself. Either party if successful would not be content with Russian Poland; they would demand Posen, they would never rest until they had gained again the coast of the Baltic and deprived Prussia of her eastern provinces. The danger to Prussia would be greatest, as Bismarck well knew, if the Poles became reconciled to the Russians; an independent republic on their eastern frontier would have been dangerous, but Polish aspirations supported by the Panslavonic party and the Russian army would have been fatal. Russia and Poland might be reconciled, Prussia and Poland never can be. Prussia therefore was obliged to separate itself from the other Powers; instead of sending remonstrances to the Czar, the King wrote an autograph letter proposing that the two Governments should take common steps to meet the common danger; General von Alvensleben, who took the letter, at once concluded a convention in which it was agreed that Prussian and Russian troops should be allowed to cross the frontier in pursuit of the insurgents; at the same time two of the Prussian army corps were mobilised and drawn up along the Polish frontier.

The convention soon became known and it is easy to imagine the indignation with which the Prussian people and the House of Representatives heard of what their Government had done. The feeling was akin to that which would have prevailed in America had the President offered his help to the Spanish Government to suppress the insurrection in Cuba. The answers to questions were unsatisfactory, and on February 26th Heinrich von Sybel rose to move that the interests of Prussia required absolute neutrality. It was indeed evident that Bismarck's action had completely isolated Prussia; except the Czar, she had now not a single friend in Europe and scarcely a friend in Germany. Bismarck began his answer by the taunt that the tendency to enthusiasm for foreign nationalities, even when their objects could only be realised at the cost of one's own country, was a political disease unfortunately limited to Germany. It was, however, an unjust taunt, for no one had done more than Sybel himself in his historical work to point out the necessity, though he recognised the injustice, of the part Prussia had taken in the partition of Poland; nobody had painted so convincingly as he had, the political and social demoralisation of Poland. Bismarck then dwelt on the want of patriotism in the House, which in the middle of complicated negotiations did not scruple to embarrass their own Government. "No English House of Commons," he said, "would have acted as they did," a statement to which we cannot assent; an English Opposition would have acted exactly as the majority of the Prussian Parliament did. When a Minister is in agreement with the House on the general principles of policy, then indeed there rests on them the obligation not to embarrass the Government by constant interpolation with regard to each diplomatic step; self-restraint must be exercised, confidence shewn. This was not the case here; the House had every reason to believe that the objects of Bismarck were completely opposed to what they wished; they could not be expected to repose confidence in him. They used this, as every other opportunity, to attempt to get rid of him.