Part 10

In this duel the victory of Austria was soon declared. The Prussian government believed that the effective government of Germany could only be secured by a separate understanding between the two great powers; and the indiscretion of the Prussian plenipotentiary revealed to the diet a plan for what meant practically the division of Germany into Prussian and Austrian spheres of influence. This threw the lesser princes, already alarmed at the growth of Prussian military power, into the arms of Austria, which thus secured a permanent majority in the diet. To avoid any possible modification of a situation so satisfactory, Count Buol, the Austrian president of the diet, was instructed to announce that the constitution as fixed by the Final Act, and guaranteed by Europe, must be regarded as final; that it might be interpreted, but not altered.

The conception of the diet as a sort of international board of control, responsible in the last resort not to Germany but to Europe, exactly suited Metternich's policy, in which the interests of Germany were subordinate to the wider ambitions of the Habsburg monarchy. It was, moreover, largely justified by the constituent elements of the diet itself. Of the German states represented in it even Prussia, by the acquisition of Posen, had become a non-German power; the Habsburg monarchy was predominantly non-German; Hanover was attached to the crown of Great Britain, Holstein to that of Denmark, Luxemburg to that of the Netherlands. The diet, then, properly controlled, was capable of being converted into an effective instrument for furthering the policy of "stability" which Metternich sought to impose upon Europe. Its one effort to make its authority effective as the guardian of the constitution, in the matter of the repudiation of the Westphalian debt and of the sale of the domains by the elector of Hesse, was crushed by the indignant intervention of Austria. Henceforth its sole effective function was to endorse and promulgate the decrees of the government of Vienna.

The question of constitutions.

In this respect the diet fairly reflected the place of Germany in Europe. The constitution was the work of the powers, which in all matters arising out of it constituted the final court of appeal. The result was not wholly one-sided. Until the congress of Troppau in 1820 "Jacobinism" was still enthroned in high places in the person of Alexander I. of Russia, whose "divine mission," for the time, included a not wholly disinterested advocacy of the due carrying out of Article 13 of the Final Act. It was not to Russia's interest to see Austrian influence supreme in the confederation. The lesser German princes, too, were quick to grasp at any means to strengthen their position against the dominant powers, and to this end they appealed to the Liberal sentiment of their peoples. Not that this sentiment was very deep or widespread. The mass of the people, as Metternich rightly observed, wished for rest, not constitutions; but the minority of thoughtful men--professors, students, officials, many soldiers--resented the dashing of the hopes of German unity aroused by the War of Liberation, and had drunk deep of the revolutionary inspiration. This sentiment, since it could not be turned to the uses of a united Germany, might be made to serve the purposes of particularism. Prussia, in spite of the promises of Frederick William in the hour of need, remained without a central constitution; all the more reason why the states of second rank should provide themselves with one. Charles Augustus, the enlightened grand duke of Weimar, set the example, from the best of motives. Bavaria, Baden, Wurttemberg and others followed, from motives less disinterested. Much depended on the success of these experiments.

Metternich and the constitutions.

The Wartburg festival, 1818.

To Metternich they were wholly unwelcome. In spite of the ring-fence of censors, and custom-house officers, there was danger of the Liberal infection spreading to Austria, with disintegrating results; and the pose of the tsar as protector of German liberties was a perpetual menace. The zeal and inexperience of German Liberals played into his hands. The patriotism and Pan-Germanism of the gymnastic societies (_Turnvereine_) and students' associations (_Burschenschaften_) expressed themselves with more noise than discretion; in the South-German parliaments the platitudes and catchwords of the Revolution were echoed. Soon, in Baden, in Wurttemberg, in Bavaria, the sovereigns and the chambers were at odds, united only in a common opposition to the central authority. To sovereigns whose nerves had been shattered by the vicissitudes of the revolutionary epoch these symptoms were in the highest degree alarming; and Metternich was at pains to exaggerate their significance. The "Wartburg festival" of October 1818, which issued in nothing worse than the solemn burning, in imitation of Dr Martin Luther, of Kamptz's police law, a corporal's cane and an uhlan's stays, was magnified into a rebellion; drew down upon the grand duke of Weimar a collective protest of the powers; and set in motion the whole machinery of reaction. The murder of the dramatist Kotzebue, as an agent of this reaction, in the following year, by a fanatical student named Karl Sand, clinched the matter; it became obvious to the governments that a policy of rigorous repression was necessary if a fresh revolution were to be avoided. In October, after a preliminary meeting between Metternich and Hardenberg, in the course of which the latter signed a convention pledging Prussia to Austria's system, a meeting of German ministers was held at Carlsbad, the discussion of which issued in the famous Carlsbad Decrees (October 17, 1819). These contained elaborate provisions for supervising the universities and muzzling the press, laying down that no constitution "inconsistent with the monarchical principle" should be granted, and setting up a central commission at Mainz to inquire into the machinations of the great revolutionary secret society which existed only in the imagination of the authorities. The Carlsbad Decrees, hurried through the diet under Austrian pressure, excited considerable opposition among the lesser sovereigns, who resented the claim of the diet to interfere in the internal concerns of their states, and whose protests at Frankfort had been expunged from the records. The king of Wurttemberg, ever the champion of German "particularism," gave expression to his feelings by issuing a new constitution to his kingdom, and appealed to his relative, the emperor Alexander, who had not yet been won over by Metternich to the policy of war _a outrance_ against reform, and took this occasion to issue a fresh manifesto of his Liberal creed.

At the conference of ministers which met at Vienna, on the 20th of November, for the purpose of "developing and completing the Federal Act of the congress of Vienna," Metternich found himself face to face with a more formidable opposition than at Carlsbad. The "middle" states, headed by Wurttemberg, had drawn together, to form the nucleus of an inner league of "pure German States" against Austria and Prussia, and of "Liberal particularism" against the encroachments of the diet. With Russia and, to a certain extent, Great Britain sympathetic, it was impossible to ignore their opposition. Moreover, Prussia was hardly prepared to endorse a policy of greatly strengthening the authority of the diet, which might have been fatal to the Customs Union of which she was laying the foundation. Metternich realized the situation, and yielded so gracefully that he gave his temporary defeat the air of a victory. The result was that the Vienna Final Act (May 15,1820), which received the sanction of the diet on the 8th of June, was not unsatisfactory to the lesser states while doing nothing to lessen Austrian prestige. This instrument merely defined more clearly the principles of the Federal Act of 1815. So far from enlarging the powers of the diet, it reaffirmed the doctrine of non-intervention; and, above all, it renewed the clause forbidding any fundamental modification of the constitution without a unanimous vote. On the vexed question of the interpretation of Article 13 Metternich recognized the inexpediency of requiring the South German states to revise their constitutions in a reactionary sense. By Articles 56 and 57, however, it was laid down that constitutions could only be altered by constitutional means; that the complete authority of the state must remain united in its head; and that the sovereign could be bound to co-operate with the estates only in the exercise of particular rights. These provisions, in fact, secured for Metternich all that was necessary for the success of his policy: the maintenance of the _status quo_. So long as the repressive machinery instituted by the Carlsbad Decrees worked smoothly, Germany was not likely to be troubled by revolutions.

Revolutions of 1830.

The period that followed was one, outwardly at least, of political stagnation. The Mainz Commission, though hampered by the jealousy of the governments (the king of Prussia refused to allow his subjects to be haled before it), was none the less effective enough in preventing all free expression of opinion; while at the universities the official "curators" kept Liberal enthusiasts in order. The exuberance of the epoch of Liberation gave place to a dull lethargy in things political, relieved only by the Philhellenism which gave voice to the aspirations of Germany under the disguise of enthusiasm for Greece. Even the July revolution of 1830 in Paris reacted but partially and spasmodically on Germany. In Hanover, Brunswick, Saxony and Hesse-Cassel popular movements led to the granting of constitutions, and in the states already constitutional Liberal concessions were made or promised. But the governments of Prussia and Austria were unaffected; and when the storm had died down Metternich was able, with the aid of the federal diet, to resume his task of holding "the Revolution" in check. No attempt was, indeed, made to restore the deposed duke of Brunswick, who by universal consent had richly deserved his fate; but the elector of Hesse could reckon on the sympathy of the diet in his struggle with the chambers (see HESSE-CASSEL), and when, in 1837, King Ernest Augustus of Hanover inaugurated his reign by restoring the old illiberal constitution abolished in 1831, the diet refused to interfere. It was left to the seven professors of Gottingen to protest; who, deprived of their posts, became as famous in the constitutional history of Germany as the seven bishops in that of England.

The Prussian system.

Yet this period was by no means sterile in developments destined to produce momentous results. In Prussia especially the government continued active in organizing and consolidating the heterogeneous elements introduced into the monarchy by the settlement of 1815. The task was no easy one. There was no sense of national unity between the Catholics of the Rhine provinces, long submitted to the influence of liberal France, and the Lutheran squires of the mark of Brandenburg, the most stereotyped class in Europe; there was little in common between either and the Polish population of the province of Posen. The Prussian monarchy, the traditional champion of Protestant orthodoxy, found the new Catholic elements difficult to assimilate; and premonitory symptoms were not wanting of a revival of the secular contest between the spiritual and temporal powers which was to culminate after the promulgation of the dogma of papal infallibility (1870) in the _Kulturkampf_. These conditions formed the excuse for the continual postponement of the promised constitution. But the narrow piety of Frederick William III. was less calculated to promote the success of a benevolent despotism than the contemptuous scepticism of Frederick the Great, and a central parliament would have proved a safety valve for jarring passions which the mistaken efforts of the king to suppress, by means of royal decrees and military coercion, only served to embitter. Yet the conscientious tradition of Prussian officialism accomplished much in the way of administrative reform.

The Prussian Zollverein.

Above all it evolved the Customs-Union (_Zollverein_), which gradually attached the smaller states, by material interests if not by sympathy, to the Prussian system. A reform of the tariff conditions in the new Prussian monarchy had been from the first a matter of urgent necessity, and this was undertaken under the auspices of Baron Heinrich von Bulow (1792-1846), minister in the foreign department for commerce and shipping, and Karl Georg Maassen (1769-1834), the minister of finance. When they took office there were in Prussia sixty different tariffs, with a total of nearly 2800 classes of taxable goods: in some parts importation was free, or all but free; in others there was absolute prohibition, or duties so heavy as to amount to practical prohibition. Moreover, the long and broken line of the Prussian frontier, together with the numerous enclaves, made the effective enforcement of a high tariff impossible. In these circumstances it was decided to introduce a system of comparative free trade; raw materials were admitted free; a uniform import of 10% was levied on manufactured goods, and 20% on "colonial wares," the tax being determined not by the estimated value, but by the weight of the articles. It was soon realized, however, that to make this system complete the neighbouring states must be drawn into it; and a beginning was made with those which were enclaves in Prussian territory, of which there were no less than thirteen. Under the new tariff laws light transit dues were imposed on goods passing through Prussia; and it was easy to bring pressure to bear on states completely surrounded by Prussian territory by increasing these dues or, if need were, by forbidding the transit altogether. The small states, though jealous of their sovereign independence, found it impossible to hold out. Schwarzburg-Sondershausen was the first to succumb (1819); Schwarzburg-Rudolstadt (1822), Saxe-Weimar and Anhalt-Bernburg (1823), Lippe-Detmold and Mecklenburg-Schwerin (1826) followed suit so far as their "enclaved" territories were concerned; and in 1826 Anhalt-Dessau and Anhalt-Cothen, after several years' resistance, joined the Prussian Customs-Union. In 1828 Hesse-Cassel entered into a commercial treaty with Prussia. Meanwhile, alarmed at this tendency, and hopeless of obtaining any general system from the federal diet, the "middle" states had drawn together; by a treaty signed on the 18th of January 1828 Wurttemberg and Bavaria formed a tariff union, which was joined in the following year by the Hohenzollern principalities; and on the 24th of September 1828 was formed the so-called "Middle German Commercial Union" (_Handelsverein_) between Hanover, Hesse-Cassel, the Saxon duchies, Brunswick, Nassau, the principalities of Reuss and Schwarzburg, and the free cities of Frankfort and Bremen, the object of which was to prevent the extension of the Prussian system and, above all, any union of the northern Zollverein with that of Bavaria and Wurttemberg. It was soon, however, found that these separate systems were unworkable; on the 27th of May 1829 Prussia signed a commercial treaty with the southern union; the _Handelsverein_ was broken up, and one by one the lesser states joined the Prussian Customs-Union. Finally, on the 22nd of March 1833, the northern and southern unions were amalgamated; Saxony and the Thuringian states attached themselves to this union in the same year; and on the 1st of January 1834 the German Customs- and Commercial-Union (_Deutscher Zoll- und Handelsverein_) came into existence, which included for tariff purposes within a single frontier the greater part of Germany. Outside this, though not in hostility to it, Hanover, Brunswick, Oldenburg and Schaumburg-Lippe formed a separate customs-union (_Steuerverein_) by treaties signed on the 1st of May 1834 and the 7th of May 1836, and to this certain Prussian and Hessian enclaves were attached. Subsequently other states, e.g. Baden and Nassau (1836), Frankfort and Luxemburg (1842), joined the Prussian Zollverein, to which certain of the members of the Steuerverein also transferred themselves (Brunswick and Lippe, 1842). Finally, as a counter-move to the Austrian efforts to break up the Zollverein, the latter came to terms with the Steuerverein, which, on the 1st of January 1854, was absorbed in the Prussian system. Hamburg was to remain outside until 1883; but practically the whole of what now is Germany was thus included in a union in which Prussia had a predominating influence, and to which, when too late, Austria in vain sought admission.[2]

Even in the earlier stages of its development the Zollverein had a marked effect on the condition of the country. Its growth coincided with the introduction of railways, and enabled the nation to derive from them the full benefit; so that, in spite of the confusion of political powers, material prosperity increased, together with the consciousness of national unity and a tendency to look to Berlin rather than to Vienna as the centre of this unity.

Frederick William IV.

This tendency was increased by the accession to the throne of Prussia, in 1840, of Frederick William IV., a prince whose conspicuous talents and supposed "advanced" views raised the hopes of the German Liberals in the same degree as they excited the alarm and contempt of Metternich. In the end, however, the fears were more justified than the hopes. The reign began well, it is true, notably in the reversal of the narrow ecclesiastical policy of Frederick William III. But the new king was a child of the romantic movement, with no real understanding of, and still less sympathy with, the modern Liberal point of view. He cherished the idea of German unity, but could conceive of it only in the form of the restored Holy Empire under the house of Habsburg; and so little did he understand the growing nationalist temper of his people that he seriously negotiated for a union of the Lutheran and Anglican churches, of which the sole premature offspring was the Protestant bishopric of Jerusalem.

Meanwhile the Unionist and Liberal agitation was growing in strength,

## partly owing to the very efforts made to restrain it. The emperor

Nicholas I. of Russia, kept informed by his agents of the tendencies of opinion, thought it right to warn his kinsman of Prussia of the approach of danger. But Frederick William, though the tsar's influence over him was as great as over his father, refused to be convinced. He even thought the time opportune for finishing "the building begun by Papa" by summoning the central assembly of the diets, and wrote to the tsar to this effect (December 31, 1845); and he persevered in this intention in spite of the tsar's paternal remonstrances. On the 13th of February 1847 was issued a patent summoning the united diet of Prussia. But, as Metternich had prophesied, this only provided an organ for giving voice to larger constitutional aspirations. The result was a constitutional dead-lock; for the diet refused to sanction loans until its "representative" character was recognized; and the king refused to allow "to come between Almighty God in heaven and this land a blotted parchment, to rule us with paragraphs, and to replace the ancient, sacred bond of loyalty." On the 26th of June the diet was dissolved, nothing having been done but to reveal the widening gulf between the principle of monarchy and the growing forces of German Liberalism.

The strength of these forces was revealed when the February revolution of 1848 in Paris gave the signal for the outbreak of popular movements throughout Europe. The effect of the revolution in Vienna, involving the fall of Metternich (May 13) and followed by the nationalist movements in Hungary and Bohemia, was stupendous in Germany. Accustomed to look to Austria for guidance and material support, the princes everywhere found themselves helpless in face of the popular clamour. The only power which might have stemmed the tide was Prussia. But Frederick William's emotional and kindly temperament little fitted him to use "the mailed fist"; though the riot which broke out in Berlin on the 15th of March was suppressed by the troops with but little bloodshed, the king shrank with horror from the thought of fighting his "beloved Berliners," and when on the night of the 18th the fighting was renewed, he entered into negotiation with the insurgents, negotiations that resulted in the withdrawal of the troops from Berlin. The next day, Frederick William, with characteristic histrionic versatility, was heading a procession round the streets of Berlin, wrapped in the German tricolour, and extolling in a letter to the indignant tsar the consummation of "the glorious German revolution."

German nationalism.

Frankfort parliament.