a different and more religious motto, namely, "The kings of the earth reign under me, saith the Lord." The Te Deum Laudamus closed the service.

The king then walked up to where the colors were displayed, and, standing before them, read the document proclaiming the reëstablishment of the German Empire. Count Bismarck having read the king's proclamation to the German nation, the grand duke of Baden stepped forth and exclaimed, “Long live his Majesty the emperor!" The cheers of the assembly were taken up by the bands playing the national anthem,

Section 69. Austria-Hungary since 1866

from the

The dominions of the emperor of Austria and king 262. Extra of Hungary underwent, after the war of 1866, a trans- Compromis formation no less revolutionary than that of Germany. (Ausgleich of 1867, wh The relations between Austria and Hungary, which had forms the been the source of so much trouble between the two basis of th countries, were settled in a manner fairly satisfactory to of Austria a large majority by the "Compromise" of 1867, from Hungary which the following important provisions are taken.

Law of December 21, 1867, concerning the matters common

to all the countries of the Austrian monarchy and the manner of treating them.

constituti

ART. I. The following affairs are declared common to the Affairs realms and countries represented in the Reichsrath, and to the common to countries under the crown of Hungary :

(a) Foreign affairs, comprising the diplomatic and commercial representation in foreign countries as well as measures relating to international treaties, reserving the right of the ratification of the said treaties by the bodies representing each of the two halves of the empire (i.e. the Austrian Reichsrath and the Hungarian Reichstag), in so far as this approbation is constitutionally required.

(b) Military affairs, including the navy but excluding the determination of the quotas of troops and legislation regulating the military service.

the whole

empire

Affairs to be settled by joint agreement

Joint expenses

The joint ministry

The "Delegations"

Mode of choosing Austrian

Delegation

(c) Finances, relating to those expenses for which it is necessary to provide in common.

ART. II. The following matters are not to be treated in common, but are, from time to time, to be settled on the same basis by joint agreements.

1. Commercial matters, particularly tariff legislation.

2.

Legislation on indirect taxes closely connected with industrial production.

3. The regulation of the monetary system and the system of coinage.

4. Arrangements affecting railway lines which concern both portions of the empire.

5. The establishment of a system of defense for the country. ART. III. The common expenses are to be met by the two parts of the monarchy according to a ratio fixed by periodical agreements between the respective parliaments of the two parts of the empire, and approved by the emperor. The ways and means of raising the portion charged to each of the two parts of the empire remain the exclusive affair of each.

ART. V. The administration of the common affairs shall be vested in a joint responsible ministry, which is prohibited from managing, during the same period, the affairs peculiar to either of the two parts of the empire.

Arrangements concerning the management, conduct, and internal organization of the entire army belong exclusively to the emperor.

ART. VI. The parliaments of the two portions of the empire [to wit, the Austrian Reichsrath and the Hungarian Reichstag] shall exercise their legislative powers, which relate to common matters, through Delegations.

ART. VII. The Delegation of the Reichsrath numbers sixty members, one third to be chosen from the House of Lords, two thirds from the lower house.1

ART. VIII. The House of Lords shall choose from its own body, by absolute majority vote, the twenty members of the Delegation whom it has a right to elect.

1 The Delegation of the Hungarian Reichstag, numbering sixty, is also chosen by the two chambers composing that body.

The forty members left to the choice of the lower house shall be elected by the deputies of the various provincial diets, either from their own number or from the entire Chamber, by an absolute majority of votes according to the following apportionment:

ART. X. The choice of delegates and their alternates shall be renewed each year by the two chambers of the Reichsrath. Members of the Delegation are reëligible.

ART. XI. The Delegations shall be convoked each year by the emperor, who fixes the place of meeting.

ART. XIII. The authority of the Delegations shall extend to all matters concerning common affairs. All other subjects are beyond their sphere of action.

ART. XIV. The proposals of the government shall be trans- The way mitted by the common ministry to each of the two Delegations the Dele

separately.

gations conduct

Each Delegation shall have an equal right to present proj- business ects with reference to matters within its jurisdiction.

1 This provision, which has now been supplanted by direct election of representatives by the Austrian parliament, serves to show the several ancient political subdivisions of the Austrian Empire.

263. Extract

from the

tion con

demning the Austrian constitution (June 22,

ART. XV. For the passage of every law within the powers of the two Delegations, the approval of both is necessary, or, in case of disagreement, a vote of the two bodies assembled in joint session; in both cases the approval of the emperor is necessary. ART. XIX. Each Delegation acts, deliberates, and decides in separate session on matters which concern it.

ART. XXX. The two Delegations shall communicate their decisions to each and, whenever it is necessary, the motives for these decisions.

This communication shall be made in writing in the German language on the part of the Delegation from the Reichsrath, and in the Hungarian language on the part of the Delegation from the Reichstag; in each case there shall be annexed to the text an authentic translation into the language of the other Delegation.

ART. XXXI. Each Delegation has the right to propose that a question shall be decided by a vote taken in common, and that proposition cannot be rejected by the other Delegation after there has been an exchange of three written communications which have produced no result.

The two presidents shall fix by mutual agreement the time and place of a joint session for taking the common vote.

While the Compromise was being reached with Hunpapal allocu- gary, the entire government of Austria was being reorganized by the adoption of fundamental laws establishing a legislature and political and religious liberty. This action was in flat contradiction to the Concordat with the Pope, agreed upon in 1855, which recognized Catholicism as the exclusive state religion, and gave to the clergy all the rights and privileges which they claimed as theirs. Accordingly the Pope condemned the new Austrian constitution in the following terms:

1868)

By our apostolic authority we reject and condemn the abovementioned laws in general and in particular, together with all that has been ordered, done, or enacted in these or other matters

affecting the rights of the Church by the Austrian government or its subordinates; by the same authority we declare these laws and all their implications to have been and to be for the future null and void. We exhort and adjure their authors, especially those who boast of the name of Catholics, who have dared to propose, to accept, to approve, and to execute them, to remember the censures and spiritual penalties incurred ipso facto, according to the apostolic constitutions and decrees of the Ecumenical Councils, by those who violate the rights of the Church.

The following year Count Beust, the Austrian Imperial Chancellor, made it clear, however, in his instructions. to the Austrian ambassador at Rome, that there was no hope for the restoration of the old authority of the Church, and that he deemed it necessary for the Pope to recognize the fact.

to the

In the mind of every true patriot it was clear in 1866 that 264. Beust the stability of the State could only be secured through a funda- instruction mental regeneration establishing the great principles of con- Austrian stitutional liberty. Accordingly the encouragement of the free ambassado evolution of all the living forces of the nation became the lead- at the pap court (July ing idea of the government. It must be regretted that the 1869) Austrian bishops and the messages dispatched by them to the Holy See did not take into account this irresistible force which was responsible for the sudden change in Austrian affairs. This oversight furthermore allowed more than one mistaken view to be entertained in Rome. Had the representatives of the Church understood that in face of a complete revolution the result of imperative necessity there was no longer any question of making fruitless attempts to recover decaying privileges, but that it was their duty to turn the new order of things as far as possible to the advantage of the Church (as when the Belgian clergy, for instance, grasped this fact and accepted the constitution of the year 1831), they surely would not have made that stubborn opposition to the projected reforms, which raised against them the reproach of being enemies to the constitutional organization of the monarchy. It is this reproach