The New German Constitution

by René Brunet

The Chancellor could no longer delay action. On the ninth at two o’clock in the afternoon, after a telephonic conversation with William II, he announced officially that the Emperor had abdicated and that the Crown Prince had renounced the throne. He declared that he, Maximilian of Baden, would remain in office until the installation of the Regent. He would propose to the Regent the nomination as Chancellor of the Social Democratic leader Ebert, and the convocation of electoral colleges with the view of choosing a national constituent assembly to which would be given the task of directing the future of the state.

Thus the Chancellor hoped to the last moment to effect in an almost legal manner the transition from the old to the new Germany. But the pressure of events was too strong for him and he was not able to realize his hope.

In the early part of the afternoon, Ebert accompanied by Scheidemann appeared at the Chancellery and declared in the name of their party that in order to avoid bloodshed and to maintain public order they considered it necessary to take power in their hands and assume the direction of the government. When Vice-Chancellor von Payer asked Ebert if he intended to conduct the government on the basis of the Constitution or in the name of the Councils of Workers and Soldiers, Ebert replied, “Within the frame work of the constitution.” After short deliberation and in view of the fact that the troops in Berlin had deserted the old government the cabinet of Maximilian decided to place in the hands of Ebert the powers of Chancellor of the Empire “subject to the approval of the legislature.” Ebert at once entered into office without the question of the regency being decided.

But the Socialist parties pressed for the proclamation of a republic. This proclamation took place several minutes after the installation of Ebert as Chancellor. In answer to the clamor of a great gathering of the people in front of the Reichstag Scheidemann appeared on the terrace and declared in substance, “We have conquered everywhere along the line. The old régime is no more. Ebert is Chancellor. Our deputy, Lieutenant Göhre, is associate minister of war. We must now strengthen our victory and nothing will stop our march. The Hohenzollerns have abdicated. Let us see to it that this magnificent day is marred by nothing. May this be a day of eternal glory in the history of Germany. Long live the German Republic!”

The same day and almost the same hour similar events took place in all the states of Germany. Everywhere under the threat and under the pressure of the Councils of Workers and Soldiers the old Diets and the old governments vanished. The kings, the grand dukes and the dukes resigned or were simply replaced. The republic was proclaimed. One can say that on November 9, 1918, when at two in the afternoon in front of the Reichstag Scheidemann proclaimed the Republic, the ancient régime had fallen in Germany.

From this date on all the organs of government which had incarnated the old régime disappeared or were entirely transformed.

The Bundesrat, in which the sovereignty of the old Reich was incorporated, ceased to exist as such. It is true that the new leaders of the Reich permitted the Bundesrat “the right to continue the exercise of administrative powers according to laws and regulations” (decree of November 14, 1918); and thus there continued a Bundesrat of limited power. But it was no longer the old Bundesrat, for the governments of the individual states, having changed through revolution, sent new delegates who no longer represented princes but republics.

Naturally there was no longer any question of the Emperor. Having lost his crown on November 9, he fled across the Dutch frontier on the 10th, as a private individual and his letter from Amerongen on November 28, 1918, in which he, William II, declared that he expressly renounced for all time the crown of Prussia and thereby “the Imperial German crown,” had only, so to speak, a moral effect.

After the resignation of Maximilian of Baden there was no longer a Chancellor of the Empire. It is true that he had passed on his powers to Ebert but we will see shortly that Ebert did not consider himself as such except for a few hours.