Part 21

“Joseph II., the son and successor of Maria Theresa, was a man of more activity of intellect and greater individuality of character than often fall to the lot of princes in modern times. He possessed, together with these qualities, an obstinate and imperious temper. He had been carefully educated by a Hungarian tutor, a man of extensive learning and enlightened views, and had thus acquired certain philanthropic and liberal ideas, which, engrafted on his original disposition, and forced to reconcile themselves with his schemes of usurpation, made him a strange compound of tyrant and reformer. From the commencement of his reign, he declared his intention of governing by his own absolute authority. He disdained to receive the crown from the Hungarian nation, and refused to take the oath of fidelity to the laws. His reign was one continued contest with the Hungarian people. He decreed the entire subversion of their ancient constitution and laws, which he would replace by model institutions of his own. He gave the Hungarians three years in which to learn the German language, at the expiration of which time no man could hold an office or serve his country in any capacity who had not made himself master of that tongue. The Hungarians resisted, by petitions, by remonstrances, and by the refusal of subsidies. At length they spoke a language to which he was forced to listen. The contest ended, as all former contests of this sort had ended, in the defeat of the usurper. Joseph was forced to cancel the work of his whole reign. He revoked all his decrees, and declared that the kingdom was to be regarded, in respect to its political institutions, as standing in the same position as when he began his reign. He announced his intention of assembling the diet. He promised to submit to the ceremony of coronation, and to take the oath of allegiance to the Hungarian constitution. He restored the regalia of Hungary to the charge of the nation. But he was not destined to wear these emblems of royalty by their gift. On the day when the sacred crown of St. Stephen was received at Buda, in the midst of universal acclamations and the roar of cannon, the monarch lay dead in his palace at Vienna.

“Leopold, the brother of Joseph, warned by the example of his predecessor, began his reign with voluntary assurances to the Hungarian people of his earnest intention to govern according to the laws. He immediately convened the diet, the first which had been called for twenty-five years. He was solemnly crowned according to the ancient customs, and took the oath to maintain the constitution. But this was not deemed by the nation a sufficient guarantee for the safety of their institutions. The diet, accordingly, passed a number of decrees, defining the powers and duties of the king, and the rights of the nation. These decrees contained nothing new. All the articles already made part of the law of the kingdom. But the diet deemed it essential, in view of the danger which the liberties of Hungary had so recently incurred, that these statutes should be once more solemnly confirmed by the diet, and receive the royal sanction. Of these acts we will cite some of the most important:

“‘Articles 2 and 3. Within six months after the death of the king, his successor shall be crowned at Presburg, and shall take the oath to observe the laws, liberties, and privileges of the kingdom.’

“‘Art. 10. Hungary is a free and independent kingdom, in no way subordinate to any other people or kingdom, and is to be governed by its lawfully crowned king, not according to the customs of the other hereditary dominions, but according to its own laws, rights, and customs.’

“‘Art. 12. The right of making, repealing, and interpreting the laws belongs to the lawfully crowned king, and to the states of the realm in the diet assembled, conjointly; and this right cannot be exercised except in the diet of the nation. The king shall never attempt to govern by edicts or patents, which, moreover, it shall not be lawful for any authorities to receive, except where such patents are merely designed for the more effectual publication of ordinances legally enacted.’

“‘Art. 19. The impost shall never be levied by the king, but freely voted by the diet.’

“It was likewise decreed, that the diet was for the future to be assembled every three years, and oftener, if the public welfare demanded it. The right of free discussion was likewise asserted. The sacred crown of the kingdom was to be kept in the castle of Buda, and never to be taken thence without the consent of the diet.

“Thus, in 1790, the fundamental laws of the kingdom of Hungary were solemnly reënacted by the diet, and confirmed by the king.

“But the diet of 1790 did not confine its labours to the confirmation of the ancient laws, or the defence of nationality. From this period we are to behold the Hungarian nation under a new aspect. Hitherto we have seen the nobility of the country successfully contending for the preservation of their chartered rights and privileges against the usurpations of Austria. We are now to see them engaging with equal energy and resolution in a yet nobler contest. The attack which Joseph II. had made on the constitution of Hungary had, in the course of the discussions which it excited, turned the attention of the nation back upon the earlier periods of their history, and roused inquiry into the original nature and design of their institutions. In this investigation it was impossible for the Hungarians not to become aware that these institutions had not only been tampered with and defaced by Austrian policy, but that many abuses had been suffered to creep into them, with the connivance of the nation itself, whether from the example of neighbouring countries, or the exigencies of barbarous times. They perceived, moreover, that many customs which, in their origin, had been reasonable and convenient, were now wholly unsuited to the needs of the age, and were inconsistent with the prosperity and advancement of the nation. They became sensible, above all, that the position in which the privileged classes stood with regard to the great body of the people was an unjust one, and wholly at variance with those principles of liberty and universal equality which lay at the foundation of their political constitution. With a people possessed of so high a sense of honour as the Magyars, to perceive this injustice was to resolve to repair it. Of this liberal movement in Hungary, whose first public demonstration was made in the diet of 1790, De Gerando thus speaks:—

“‘From this time they (the patriots of Hungary) declared that, in a modern state, liberty ought to be the portion, not of a few, but of all. They asserted that the old word _privileges_ ought to be abolished, to be replaced by a word applicable to all,—_rights_. This comprehension of their epoch led them to accomplish an unexampled act, to give to the world the new spectacle which now meets our eyes;—an aristocracy demolishing, of its own accord, stone by stone, the aristocratic edifice; a nobility, under the eyes of an inert government, taking the initiative in pronouncing the word of civil equality, and pursuing its task with order and perseverance, in spite of all obstacles.’—_De l’Esprit Public en Hongrie_, p. 96.

“The conduct of the Hungarian reformers is rendered yet more worthy of admiration by the fact, that no discontent on the part of the peasants themselves had called the attention of the nobles to the question of their wrongs. The reformers of Hungary were led by their own sense of justice, without any external impulse, to undertake the work of the emancipation and elevation of the people. But, while it was conceded by all that a change must take place in the relations between the people and their manorial lords, the manner in which this change was to be effected was matter for grave consideration. The most ardent reformers proposed the immediate abolition of the urbarial dues, without compensation to the proprietor, declaring it to be a simple reparation of an ancient injustice. Others were of opinion that such an act would be inconsistent with the rights of property, since the dues paid by the peasant were simply a form of rent for the use of the land. The subject was submitted to a committee, who were instructed to report upon it at the next assembly of the diet. Other committees were appointed to report on the reform of the administration, on the education of the people, on the liberty of the press, and on the national grievances.

“The same diet passed many laws renewing and confirming the ancient laws, which established entire freedom of religious faith.

“Leopold, on closing the diet, renewed his assurances to the nation, of his intention to govern according to the constitution. He did not live long enough either to give proof of his sincerity, or to disappoint the expectations of the nation. He died in February, 1792, and was followed to the tomb by the deep regrets of his people.

“The moderation which he had shown in his short reign had done much to appease the minds of his Hungarian subjects, and they were prepared to receive his son and successor with very different feelings from those with which they had looked forward to his own accession to the throne. The first acts of the young prince seemed to justify their confidence. He convened the diet at Buda within sixteen days after his father’s death, and offered the assembled states the assurance of his intention to respect their institutions and laws.

“‘I will myself,’ said he, ‘be the most diligent guardian of the constitution. Rest assured that my will shall always be subjected to the law, and that, in all my aims, I will be guided only by justice, honour, and confidence in the Hungarian people.’[16]

“The royal propositions addressed to the diet confirmed the favourable impressions with which the nation already regarded their young king. The first two articles interpreted the diploma of the coronation in a manner favourable to the constitution. The king then called the attention of the diet to the subjects left undecided at their last meeting, and concluded with a request for subsidies and the augmentation of the army. The diet, eager to express its confidence in the sovereign, immediately voted the increase of the army, and a subsidy of four millions to be paid by the nobles. This done, they were proceeding to transact the business of the nation, when the king suddenly dissolved the diet. The most important affairs, and among them the contemplated reform, were left uncompleted. He did not fail, however, to renew his promises of governing according to the constitution:—

“‘I go from you richer than I came among you; but not by reason of the subsidies I have received from you. These belong to the state, not to me. That which I call my own, that in the possession of which I place my happiness, is your affection. The kingdom I have received by inheritance, but this love and mutual confidence is my own work and yours. I will never cease from my sincere and zealous exertions for the good of our common fatherland.... Bear to your fellow-citizens the solemn assurance that, always mindful of my pledged faith, I will be the true guardian and fulfiller of the laws.’[17]

“The diet was summoned again in November, 1796. The expenses of the war with France forced the king to ask his Hungarian subjects for supplies. On this occasion he dispensed with all circumlocution. The royal propositions simply contained a demand for troops and money. In addition to the subsidies which had been voted at the last diet, the Hungarians had testified their affection for their young king by large voluntary offerings. The sum of the contributions in money and produce, which had in this way been furnished to the king since the last assembly of the diet, amounted to more than fourteen millions of guldens.

“The diet of 1796 again acceded to the demands of the king. They granted him large supplies in money, and fifty thousand recruits for the army, on the condition that these should be incorporated only into Hungarian regiments, and should be commanded by Hungarian officers. The diet had trusted that, when they had fulfilled the wishes of the king, he would show himself ready to listen to the ‘representations’ of the nation. These expectations were disappointed. The diet was dissolved before any thing had been done for the interests of the country. It was summoned again in 1802. Peace had been declared; the hopes of the nation revived. The king, in his opening speech, informed the diet that, peace being established, he was now ready to advise with them on matters touching the public welfare. He expressed his sense of the generosity of the Hungarian nation, and assured them that the recollection of their devotion would never be extinguished in his heart. ‘And now,’ said he, ‘that peace is concluded, I wish to bestow my cares on this country, which, by its extent, its resources, and the noble character of the people, is the chief bulwark of the empire.’ This was the preface to a declaration that the royal treasury was empty, and that it concerned the Hungarian honour that the crown should not be left without defence. ‘Peace,’ said he, ‘can be maintained only by a state of preparation for war.’ The demands of the king were again granted, but no longer in the same spirit of affection and loyalty as formerly. Distrust began to take possession of the nation, as they saw their grievances unattended to, and the most important reforms delayed. A number of measures which had been discussed and accepted by the diet were prevented from passing into law, for want of the royal sanction. The diet separated with a feeling of deep dissatisfaction. The same scenes were repeated in the diets of 1805 and 1807. The confidence of the Hungarians in their king was shaken, but appeals to Hungarian honour and loyalty had not yet lost their effect upon them. They again voted the required supplies, again presented their grievances, and again saw the consideration of them deferred.

“But though the Hungarians had so little reason to place confidence in their king, their loyalty was still capable of standing a severe proof. Napoleon, who was aware that the war against France was very unpopular in Hungary, and that great dissatisfaction prevailed in regard to the Austrian policy, addressed a proclamation to the Hungarian nation (May, 1809.) He offered to establish them as an independent kingdom, if they would withdraw their allegiance from the emperor of Austria, and assist the French in the overthrow of that empire. But the high sense of honour of the Hungarians shrank from what had the appearance of treason. It was not in the season of danger that they would desert their king. The proposals of Napoleon were rejected.

“The return of peace, in 1815, left the Hungarians at leisure to devote themselves to the internal improvement of their country, and to prosecute the reforms begun in 1790, of which the enlightened portion of the nation felt more and more the necessity. The Hungarians had now reason to expect some proof, on the part of their king, of that affection and gratitude, of whose expression he had been so lavish in the season of danger. But the return of peace gave the Austrian cabinet, likewise, opportunity to unfold its plans. Francis, now feeling himself firmly seated on his imperial throne, resolved thenceforth to reign in Hungary without the assistance of the diet. The convention of this assembly having been delayed beyond the prescribed time, the counties addressed letters to the king, representing the urgent wants of the nation, and declaring that the public welfare absolutely demanded the convocation of the national assembly. These letters remained unanswered. The circulars which the _congregations_, or county assemblies, addressed to each other were seized and suppressed. While affairs were in this position, the empire was threatened with new disturbances on the side of Italy. It was necessary to strengthen the army and replenish the treasury. As formerly, it is in Hungary that these supplies are to be sought, but it is not, as formerly, by the free gift of the people that they are to be furnished. The emperor, by the advice of his cabinet, resolved to levy the required supplies by his own absolute authority. There were not wanting in the royal council men who had courage and firmness enough to oppose the opinion of the majority and the wishes of the king. Német, who held the office of _Director causarum regalium_ in Hungary, expressed himself with true Magyar frankness. He declared in the royal presence, that the king would violate the constitution of Hungary and his own royal oath, if he suffered himself to be led by his Austrian counsellors to these rash and illegal measures. ‘Do you forget,’ exclaimed the king, ‘that I am emperor and king, and that your head is at my disposal?’ ‘I know it well,’ replied the Hungarian, ‘but the liberty of my country and the honour of my king are dearer to me than my life.’ The counsel of injustice and aggression prevailed. The levying of recruits was ordered, and the increase of the impost to four millions of florins. Hungary did not submit quietly to this invasion of her rights. The counties refused compliance. Imperial commissioners were then appointed, who were to carry into effect the royal commands. It was in vain. The news spread rapidly through the country, and everywhere excited the most lively indignation. All possible embarrassments were thrown in the way of the commissioners. They could with great difficulty obtain horses for their journeys. At their approach, the public functionaries laid down their offices and disappeared. This passive opposition was encountered everywhere. In some counties it took a yet more decided character. In the end, Francis was forced to yield, as Joseph had been; he had outraged the feelings of his subjects to no purpose. However reluctantly, he found himself constrained to convene the diet in 1825.

“At the opening of the diet Francis endeavoured, by a conciliatory speech, to appease the resentments of the assembly. But the members were not satisfied. They required the names of the traitors who had misled the king by their counsels. One of the magnates being prosecuted for the freedom of his expressions, all the deputies supported him, and declared that he had expressed the sentiments of all. The prosecution was withdrawn. The deputies then addressed to the king a representation of the grievances of the nation. To the long list of ancient griefs were now added the recent attempt to levy money without the consent of the diet, and the acts of violence committed by the royal commissioners. Francis, in his reply, began with reproving the deputies for bringing forward their own grievances, before considering the royal proposition on the subject of the impost. He declared that he would protect the faithful subjects who had executed his will. At the same time, he expressed regret for what had occurred, but justified it by the plea of necessity. In conclusion, he left the question of the impost to the decision of the diet. This body, before acceding to his demands, required and obtained of the king a renewed confirmation of the fundamental laws of the kingdom. He bound himself never more to raise money without the concurrence of the diet, and engaged to convoke this assembly every three years. On their part, the states voted to raise the amount of the impost to four millions.

“The national assembly, dissolved in 1827, was to be convoked anew in 1830. This was not done without great reluctance on the part of the Austrian cabinet, which perceived with apprehension the effect that the events which took place in France in July of that year had produced on the Hungarians. But it was necessary to raise subsidies; and it was no time to revolt the minds of the people, at the moment when the country was resounding with enthusiastic expressions of its sympathy with the triumph, in a neighbouring state, of the cause of constitutional rights over despotism. The diet was therefore convened. But the king, at the same time, gave notice that, after a short session devoted to the consideration of the most urgent affairs, it would be dissolved, to be convened again the following year. The diet met on the 11th of September. The king required the raising of recruits, and, the late events having somewhat lessened his confidence in the success of arbitrary measures, he accompanied his demand with all those flattering expressions which the Austrian kings of Hungary were accustomed to bestow so liberally on their subjects as often as they stood in need of them, and which had but too much effect on a people highly sensitive on the point of national honour, and devotedly loyal, whenever their duty to their country did not come in collision with their deference for their king. The diet acceded to the royal demands. It voted the recruits, with the usual stipulation, that they should be placed in Hungarian regiments, and should be commanded by Hungarian officers. The king replied evasively, that the Hungarians should be placed in these regiments, in preference to any other inhabitants of the empire. The diet refused to vote for the raising of the recruits without some more positive assurance. The emperor had recourse to the Palatine, and desired him to use his personal influence to overcome the resistance of the diet.