The New Germany Part 25

The Government of the Realm shall determine at what date the regulation laid down in Clause 1 of Article 83 shall come into force.

Collection and administration of customs and excise may, on their demand, be left to the Lands for a reasonable transition period.

ARTICLE 170.

The postal and telegraph departments of Bavaria and Wurtemberg shall be transferred to the Realm at latest on April 1st, 1921.

In so far as agreement concerning the terms of the transfer has not been reached by October 1st, 1920, the Supreme Court of Judicature shall decide.

Existing rights and responsibilities of Bavaria and Wurtemberg shall remain in force until the transfer. Nevertheless, postal and telegraphic communication with foreign countries shall be exclusively regulated by the Realm.

ARTICLE 171.

State railways, waterways, and marine lights shall be transferred to the Realm at latest on April 1st, 1921.

In so far as agreement concerning the terms of transfer has not been reached by October 1st, 1920, the Supreme Court of Judicature shall decide.

ARTICLE 172.

Until the law const.i.tuting a Supreme Court of Judicature comes into force its functions shall be carried out by a Senate of seven members, of whom four shall be chosen from among their own members by the Reichstag and three by the Supreme Court. It shall regulate its own procedure.

ARTICLE 173.

Until promulgation of the act of the Realm referred to in Article 138, existing grants of the State to the religious a.s.sociations in virtue of laws, contracts, or deeds shall continue.

ARTICLE 174.

Until the act of the Realm above referred to in Clause 2 of Article 146 is promulgated, previous legislation shall remain in force. The act shall pay special regard to those districts where a school which makes no religious distinction is established by law.

ARTICLE 175.

The provisions of Article 109 do not affect orders and insignia bestowed for service during the years 1914-1919.

ARTICLE 176.

All public officials and those on military service must take the oath to this const.i.tution. The President of the Realm shall make further provision.

ARTICLE 177.

Where the existing law prescribes the formula of oath in a religious form, an individual may also be legally sworn so as to omit the religious form by saying the words: I swear. In all other respects the legal oath remains unaffected.

ARTICLE 178.

The const.i.tution of the German Realm, dated April 16th, 1871, and the act for the Provisional Government, dated February 10th, 1919, are repealed.

The remaining laws and ordinances of the Realm remain in force, in so far as consonant with this const.i.tution. The conditions of the Peace Treaty signed at Versailles on June 28th, 1919, are not affected by this const.i.tution.

Orders legally issued by the public authorities in virtue of previously existing laws remain valid until replaced by further orders or legislation.

ARTICLE 179.

In so far as reference is made in laws or ordinances to regulations or inst.i.tutions abolished by this const.i.tution, there shall be subst.i.tuted therefor the corresponding regulations or inst.i.tutions of this const.i.tution. In particular the Reichstag shall be subst.i.tuted for the National a.s.sembly, the Reichsrat for the States' Committee, and for the President of the Realm, elected under the act for the Provisional Government, a President of the Realm elected in virtue of this Const.i.tution.

The function of issuing ordinances pertaining to the States' Committee in virtue of previous regulations shall pa.s.s to the Government of the Realm; in issuing ordinances the Government of the Realm shall require the consent of the Reichsrat as laid down in this const.i.tution.

ARTICLE 180.

Until the first Reichstag, the National a.s.sembly shall count as Reichstag.[44] Until the first President of the Realm shall enter upon office, his functions shall be carried out by the President elected under the act for the Provisional Government.

ARTICLE 181.

The German nation has p.r.o.nounced upon and pa.s.sed this const.i.tution through its National a.s.sembly. It comes into force on the day of its proclamation.

(Signed) PRESIDENT EBERT.

Ministers ERZBERGER, MULLER, DAVID NOSKE, SCHMIDT, SCHLICKE, GIESBERTS, MAYER, BELL.

_Schwarzburg, 11th August, 1919._

NOTES.

[1] ART. 1.--The whole character of this Const.i.tution is contained in this provision that the "Reich" is a republic. It was introduced in order to convey that new Germany, while retaining the ancient t.i.tle and tradition of "Reich," had given it a new significance, and that thereby no concession was intended either to Monarchists or Imperialists or Militarists.

Therefore "Reich" is not to be translated Empire. Commonwealth would perhaps be the best rendering, but Realm will be used here as more convenient.

[2] This clause is of crucial importance. Henceforward all sovereignty is of the German people and not of the princes or princ.i.p.alities. The German Bund of 1815 was a mere confederation between sovereigns or Staaten Bund. The North German Bund of 1866 was a federation of semi-sovereigns, or Bundes Staat. The present German Republic is still a Federal State, but sovereignty is inherent in the people, not in the const.i.tuent governments.

[3] ART. 2.--The transformation of this Const.i.tution from a centralised republic into a confederation and back to a federation has been reviewed already. The word "lander" is literally translated for this and other reasons.

[4] ART. 3.--"Whether these colours black-red-gold, are really the colours of the ancient Reich, which historians dispute, or are those of the Lutzow Free Company, we look rather to the political ideals and aims a.s.sociated with them during the nineteenth century. It was the idea of political freedom and of national unity that kept the black-red-gold, an honoured symbol in German Austria long after the black-white-red had flown over the German Empire. As the historian Constantine Franz has said, in mediaeval times there was an Austro-Germany, in modern times a Prusso-Germany, and now there must be a German Germany."--Dr. Preuss, introductory speech, 24th February, 1919.

The clause as it stands is a compromise between the "Right," who wished to retain the black, white, and red, and the "Left," who wanted the red flag. A compromise in which the Right have as elsewhere had the best of it--as the red flag is not allowed.

[5] ART. 4.--"German Democracy can only welcome a League of Nations that has itself a really democratic const.i.tution and that recognises without reserve or restriction the liberty and equality of all its members. We shall have no members of inferior status in our commonwealth, but neither will we be of inferior status in the League of Nations."--Dr.

Preuss, speech introducing the Draft Const.i.tution, February, 1919. The phases of this clause have been reviewed above, see p. 236.