The New German Constitution

by René Brunet

As for the Reichstag whose last session ended on October 26, 1918, it was not exactly dissolved after the revolution. At the same time no formal dissolution was necessary, for a new sovereignty had been installed and had taken the place of the old Reichstag. Meanwhile, taking advantage of the fact that no formal decision had been made as to the old Reichstag the chairman of that assembly, Fehrenbach, refused to recognize its implied dissolution. On November 12, 1918, he addressed a circular to the deputies in which he declared that owing to the exigencies of the hour and without the consent of the government he would convoke the Reichstag, reserving to himself the right to announce later the time and place of the assembly. The revolutionary government thereupon notified Fehrenbach that a conflict would ensue thereat. Notwithstanding this Fehrenbach several days later repeated the announcement of the convocation. But the old Reichstag never met again. In February, 1919, it was dissolved by decree which also declared that its last session was dated as of November 9, 1919.

3.—THE REPUBLIC OF THE COUNCILS.

While the Empire was collapsing there arose quickly on the ruins of the old edifice a new structure. In place of the Empire, the government of a bourgeois and military oligarchy, came the dictatorship of the proletarian masses at one blow, the republic of the working class. Everywhere Councils of Workers and Soldiers were formed, which, taking political power in their hands, appeared to be thereafter the only and real holders of sovereignty.

But the Councils lacked the needed agreement in aim and action. Two diametrically opposed tendencies divided the new powers in control. On the one hand the members of the Social Democratic party within the Councils pursued a purely political goal—the creation of a German republic on a democratic basis to be effected by a Constituent Assembly to be convoked as soon as possible. On the other hand the Independent Socialists, the Communists, the Spartacists and other left wing elements set up as the principal aim an economic change—the quick and complete socialization of all means of production. But they also had in view a political objective, the establishment of a dictatorship of the proletariat on the model of the Russian Soviet Republic, by the complete organization of the system of Councils of Workers and Soldiers. The particular question on which the antagonism between these two groups broke out was whether or not there should be called a new constituent assembly.

The revolution was undoubtedly the work of the Independents. Their leader, Ernest Däumig, had been to Moscow to study the Bolshevist movement, and Russia had come back with him in the persons of Joffe and his agents of propaganda. Already during the strikes of January, 1918, which had been organized by them, there had appeared for the first time in Germany Workers Councils; and in the days preceding the insurrection of November, 1918, Councils of Workers and Soldiers had been secretly organized at Kiel as well as in Berlin. The Social Democrats, on the other hand, to the last moment warned the people against the consequences of an ill-considered insurrection. But when the success of the revolts seemed assured it was seen that many who had condemned it were now joining it. Thanks to Maximilian of Baden it was the Social Democrats, Ebert and Scheidemann and the trade unions that were installed in power on the 9th of November, 1918. The history of the German revolution is the story of a revolution made by one political group and its fruits garnered by another. At first the two Socialist parties divided power equally. But after several weeks of collaboration the Social Democrats eliminated the Independents and remained in sole control of the government.

1. At first the two socialist parties participate equally in control.—On the 9th of November early in the afternoon Ebert had received from the former Imperial cabinet his functions of Chancellor of the Empire. He considered himself such at the time. His intention was to nominate Scheidemann and Landsberg as secretaries of state, but to keep in the cabinet the old state secretaries; in addition to which the Independent Socialists were to enter the government. He proclaimed immediately several decrees signed, “Chancellor of the Empire, Ebert.”

It must be observed that up to then the change which had been brought about constituted without doubt a revolution, but a revolution remarkably moderate. It is true that constitutional right did not give the Chancellor the authority to name his successor; from the legal point of view the nomination of Ebert certainly constituted a violation of the old constitutional law. Nevertheless in its outer aspect the new government with Ebert at the head sought to appear as the expression of the will of the former government. The idea of a radically new law had not yet made its appearance.

In the course of a few hours, however, the situation completely changed. The Independents submitted as the condition of their entry into the government the following twofold demand: The cabinet was to consist only of socialists, and it was to recognize officially that political sovereignty resided in the hands of the Workers and Soldiers Councils. The next day the Social Democrats accepted these conditions—for the Independents were still the actual power in control and “the street belonged to them”—and a government of six chiefs was constituted. It comprised three Socialist Democrats, Ebert, Scheidemann and Landsberg, and three Independents, Haase, Dittmann and Barth.[5] In the evening there was held at the Busch Circus a plenary session of the Workers and Soldiers Councils of Berlin. This assembly passed a resolution which declared among other things the following: “Old Germany is no more. The dynasties are gone forever. The holders of thrones are stripped of their power. Germany is now a Republic, a Socialist Republic. The Workers and Soldiers Councils are now the holders of political power.” Then the assembly nominated an executive committee (Vollzugsrat) of twenty-four members, six Social Democrats, six Independents, and twelve Soldiers, and they proclaimed as the men in control of the government the six named above.

Following this meeting the cabinet was constituted. It formed a “college” of which all the members had equal rights and which took the name of “Council of Commissars of the People” (Rat der Volksbeauftragten); Ebert and Haase were nominated chairmen. All the decrees of the government would have to be promulgated by these two in accord and signed jointly by them. It was, so to speak, a Chancellorship of two.