Nassau Constitution of 1814

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Proclamation of the Constitution of 1814
Duke's Palace in 1814

The Nassau Constitution of 1814 is believed to be the first modern constitution in the territories of the former Holy Roman Empire . It was shaped by a liberal spirit; thus it enabled citizens to participate in the political system in the Duchy of Nassau , even if the ruler was still the sovereign in Nassau. In addition, she assured citizens of civil rights. The Duke was no longer free in his actions, but was bound by the legal framework of the constitution.

prehistory

Start of the debate

In the Duchy of Nassau a debate began about a constitution after the mediatization of the spiritual areas in Germany. There was a tradition of corporate representation in the area of ​​the Electorate of Trier , which wanted to preserve the former partial estates of the Trier monastery in the new rule. The partial estates were part of the estates' representation in the Electorate of Trier and tried to enforce their right to participate in politics in the Electorate in the expanded Nassau as well. The mediatized smaller aristocrats, whose territories fell to the duchy, were also interested in a corporate representation. For example, the leading minister, Hans Christoph Ernst von Gagern , advocated the introduction of a corporate co-determination in the politics of the duchy and a constitution . The idea of ​​a constitution in Nassau was new, since Nassau itself had no tradition of co-determination of the estates - only because of the territorial changes brought about by the Reichsdeputationshauptschluss there were areas in Nassau with such a tradition. In addition, the Secret Council Peter Kalt had spoken out massively against the constitution. In the end, the opponents of introducing a constitution in 1803 prevailed. This was justified with the lack of political education of the population in Nassau. Another point was the problems this posed for the state budget, as the establishment of estates would have meant a financial burden for the duchy. As a result, the Electorate of Trier was canceled in 1804. The initiative to introduce a constitution could not prevail and the sovereign did not want any restriction of his sovereign rights. This debate in turn was only held in Nassau-Weilburg , since until 1806 Nassau-Usingen and Nassau-Weilburg were two separate rulers, which then formed a state under the common rule of the two princes of the two territories.

French hegemony

The first debate in Nassau-Weilburg led to the failure of the first concrete constitutional project, but this was what actually pushed the discussion on the introduction of a constitution in the Duchy. In 1808, Gagern and Marschall , the two main ministers in Nassau, presented a report on their achievements to date, which also looked at future activities. In this report the question of a constitution towards the regent was brought back to the table. More and more liberal positions came to the fore and displaced the class ideas. It played a role that France's foreign policy goal was the introduction of the "Code Napoléon" in the Confederation of the Rhine . This also brought the Duchy of Nassau into contact with egalitarian and bourgeois ideas. This foreign policy pressure from France, in turn, led the Nassau government to discuss the introduction of the code of law. von Gagern advocated that only certain rules suitable for Nassau be introduced under the name, since this would have done Napoleon enough and a broad introduction of civil law would have been prevented, which was entirely in the interests of the conservative and on Princely privileges by Gagern lay. Now Ludwig Harscher von Almendingen has been commissioned to draft a legal text in accordance with the Code Napoléon. The latter, in turn, refused, and the latter also rejected the adoption of the code of law. In return, he advocated that either all Rhine Confederation states jointly adopt the Code Napoléon or that Nassau should introduce a similar code, which, however, would only cover personal and material law and not, for example, the court or church constitution. After 1811, the domestic political situation in Nassau changed due to the devaluation of von Gagern. Almendingen has now been commissioned to submit an opinion on the extent to which the legal text could be introduced. Here, the question of the constitution again became central, since such a constitution was the basis of the code of law, whereby Almendingen found the introduction of a constitution as a protectorate difficult and also considered popular education in Nassau to be too low for the population to seek representation could have participated on a large scale. That this project was not pursued, was primarily due to the changed political situation due to Napoleon's defeat in Russia . As a result, there was no such foreign policy pressure to adopt the legal text and thus to introduce a constitution.

Securing the territory

Baron von Stein

The third wave of the debate arose again under the impression of the defeat of the French troops by the Allied forces. Shortly before the defeat of France, Nassau switched to the side of the Allies and was thus able to maintain its own state sovereignty. This was crucial for the further debate on the constitution in Nassau. There were various reasons in favor of introducing a constitution in 1814. The central reason was to ensure the territorial integrity of the duchy. This was necessary because the mediatised wanted to re-establish their former rights of rule. Here they received the support of Prussia . The most prominent mediatist was Baron von Stein , who was also head of the central administration department in Frankfurt am Main . In this position, he also stood up for the mediatized noblemen, but also for his own interests, so he lost his property in Nassau in 1809. In order to meet the baron, his goods were first returned to him and compensation was paid to him . In addition, his interest in the introduction of a constitution in Nassau was responded to, so that various drafts went back and forth between the baron and the government. The constitution was then published in the Duchy's Ordinance Gazette on September 3, prior to the Congress of Vienna . Contrary to what Stein wanted, the constitution had not only class but also early constitutional elements. Through the introduction of a constitution, the duchy was initially protected from external powers and claims of the mediatised, as there was now a binding legal code for the duchy. This restricted the Duke's scope of action and the legal position of the mediatized was upgraded. The only way to change the territory of the duchy would have been war. In addition, the introduction of a constitution made it possible to achieve a settlement with Baron von Stein. Thus, the constitution fulfilled its foreign policy purpose and took pressure off the still young state structure. In addition to these aspects, it must be emphasized that parts of the Nassau civil service also saw the constitution as an end in itself and wanted to make the duchy future-proof. In addition, the transition from the class to the civil society was accelerated.

The content of the constitution

The monarch

The monarch continued to enjoy a prominent position in the constitution. So it was up to him whether or not to convene the state parliament, he was not obliged to do so. In addition, he remained solely responsible for most of the politics and was not answerable to Parliament. He was solely responsible for the military and its jurisdiction. Foreign policy and internal executive power also fall within his area of ​​responsibility . The Landtag itself had limited jurisdiction, but it was only allowed to take action there if the laws were particularly central. Otherwise the laws were incumbent on the Duke. He continued to be the sovereign of the state and the existence of the state continued to depend on the ruling dynasty, as the duchy was bound by the Nassau Treaty of Succession . Furthermore, the constitution was a constitution imposed by the monarch and thus the monarch continued to occupy a central position in the political system of the duchy. It was introduced by Friedrich August, Duke of Nassau and Friedrich Wilhelm, Prince of Nassau .

Parliament

Friedrich August von Nassau , Duke of Nassau from 1806 to 1816

The state parliament consisted of two chambers, which usually met separately from each other. The first of these two chambers was the Herrenbank. In this, on the one hand, the princes of the ducal family who had reached the age of 21 were represented. On the other hand, the local nobles were mainly represented in the Herrenbank. These had lost their rulers in the course of mediatization, but had their rulers back as property. In addition, the duke had the right to appoint other nobles to the Herrenbank for life. All members had to have at least the rank of baron , count or prince . A transfer of the vote was not permitted.

The Deputy Committee in turn consisted of 22 members. These were each elected, although there was no general election, but the respective professional groups elected one or more members to the state parliament from among their number. The inspectors of the Evangelical Lutheran and Reformed clergy elected a representative, as did the country deans of the Catholic Church. The members of a teaching institution elected a representative and, in addition, all those who were divided into the 12th to 16th industrial classes. The landowners, in turn, elected 15 representatives to the Landtag, with the right to vote only for the wealthier of this group. The elections of the representatives of the landowners took place in the main towns of the duchy, with four in Wiesbaden , three in Usingen , Limburg and Ehrenbreitstein and two in Hachenburg . In these elections, the vote could not be transferred and the vote had to be cast on site. The legislature for the members of the Deputy Committee was seven years. Both chambers met together and in the same place. Overall, only the higher tax brackets in the respective areas were allowed to vote, the passive suffrage in turn was held only by the highest tax brackets, the suffrage was a census suffrage .

These two chambers had different rights, so they could propose laws or they had to approve the taxes to the state. For this, however, almost every resolution required a majority in the respective chambers. Should this not be possible, a mediation committee met, which was composed equally of the two chambers. The only exception was tax collection, here the two chambers were considered as one, and the majority of the total seats were sufficient for the addition of the two chambers.

Overall, however, it must be stated that the constitution gave the Duke a clear predominance of state powers. The state parliament was dependent on its cooperation and was not able to act on its own in accordance with the constitution. In addition, all actual weapons, military or executive, were completely in the hands of the sovereign, the monarch.

Civil rights

In addition, the constitution stipulated some civil rights, property and personal freedom were protected by the state. Furthermore, the population was protected from arbitrary arrest and was given the right to a fair and free trial in an ordinary court. There were also basic rights such as freedom of movement, the right to freedom of the press and the right of the population to petition . These were far-reaching rights, some of which were already valid beforehand. Serfdom was abolished as early as 1806. On the other hand, the residents of rural areas in particular have been restricted in some traditional rights. The Constitutional Municipal Act of 1816 largely repealed the previously existing limited self-government. Instead, sovereign mayors and bailiffs directed the administration of the communities and offices. Forestry and hunting laws severely restricted the use of rural forests and the defense against game damage by farmers.

Effect and reception of the constitution

effect

The constitution came into force in 1814, but the first state parliament did not meet until 1818. This was due, for example, to further territorial changes in the duchy, so that the new municipal regulations and state administration were issued by edict by the duke. This happened without the involvement of the Landtag, as it was elected and convened for the first time in 1818. The new constitution also caused major disputes between the government and the state parliament at the beginning. This happened in the context of the Karlovy Vary resolutions , whereby the constitution was not the trigger, but the reason why this dispute could be conducted. In the 1st legislature, the constitution was supplemented by rules of procedure for the state parliament. In 1831 the Duke tried to expand the man’s bank, but did not succeed. This would have given him a stronger position against the elected part of parliament. The constitution retained its validity until the Duchy of Nassau involuntarily came to Prussia, apart from the interruption from 1848 to 1851. There an equal, indirect right to vote was established and the declaration of the basic rights of the Paulskirche found its way into the constitution. However, this always retained its validity. In 1851 the innovations were abolished from 1848 onwards.

Reception of the Constitution

The constitution of Nassau is considered to be the first constitution in the German territories. It was introduced before the end of the Congress of Vienna and four years before the constitution of Baden . It is regarded as a constitution that stands between a class system and an early constitutional constitution, as it contains elements from both systems. It has class elements through the introduction of the gentleman's bench and a very prominent position of the monarch, but it also has early constitutional elements in the area of ​​tax collection and the right to petition the duke. In addition, basic civil rights were formulated, which speaks against a purely class constitution. These are characterized by a restriction of the sovereign's power vis-à-vis his population and thus also have early constitutional features. These will be highlighted in the reception. Within the duchy, the new state and its constitution, especially among the rural population, were viewed critically or negatively. The reason is likely to have been the slight legal relief, in some cases even making local co-determination and everyday life more difficult, especially the very slow process of replacing the tithe in Nassau .

Individual evidence

  1. ↑ Winfried Schüler: The Duchy of Nassau 1806–1866. Wiesbaden 2006, p. 55.
  2. ↑ a b Winfried Schüler: The Duchy of Nassau 1806–1866. Wiesbaden 2006, pp. 75-76.
  3. ^ Uta Ziegler: Government files of the Duchy of Nassau 1803–1814. Munich 2001, p. 26.
  4. ↑ Winfried Schüler: The Duchy of Nassau 1806–1866. Wiesbaden 2006, p. 76.
  5. ^ A b c Uta Ziegler: Government files of the Duchy of Nassau 1803–1814. Munich 2001, pp. 194–196.
  6. ^ Heinrich Göppert : Almendingen, Ludwig Harscher von. In: Allgemeine Deutsche Biographie . Volume 1 (1875), pp. 351-352, Wikisource
  7. ^ Uta Ziegler: Government files of the Duchy of Nassau 1803–1814. Munich 2001, p. 199.
  8. ^ Uta Ziegler: Government files of the Duchy of Nassau 1803–1814. Munich 2001, p. 200.
  9. ↑ a b c Uta Ziegler: Government files of the Duchy of Nassau 1803.1814. Munich 2001, pp. 370–372.
  10. ↑ a b c d Winfried Schüler: The Duchy of Nassau 1806–1866. Wiesbaden 2006, pp. 86-88.
  11. ^ A b c Friedrich August, Duke of Nassau and Friedrich Wilhelm, Prince of Nassau: Edict on the state constitution of the Duchy of Nassau from 1./2. September 1814. Quoted from: Eckhart G. Franz, Karl Murk: (Hrsg.): Verfassungen in Hessen 1807-1946. Darmstadt 1998, pp. 55-56.
  12. ↑ a b Winfried Schüler: The Duchy of Nassau 1806–1866. Wiesbaden 2006, pp. 55-57.
  13. ^ Wolfgang Jäger: State formation and reform policy. Wiesbaden 1993, p. 90.
  14. ^ A b Eckhart G. Franz, Karl Murk (Ed.): Constitutions in Hessen 1807-1946. Darmstadt 1998, p. 46.

swell

  • Friedrich August, Duke of Nassau and Friedrich Wilhelm, Prince of Nassau: Edict on the state constitution of the Duchy of Nassau from 1./2. September 1814. Quoted from: Eckhart G. Franz, Karl Murk (Hrsg.): Verfassungs in Hessen 1807–1946. Darmstadt 1998.

bibliography

  • Eckhart G. Franz , Karl Murk (Hrsg.): Constitutions in Hessen 1807-1946. Darmstadt 1998, ISBN 3-88443-034-3 .
  • Bernd von Egidy: The elections in the Duchy of Nassau 1848-1852. In: Nassau Annals . Vol. 82, 1971, pp. 215-306.
  • Hessian state parliament: 175 years of the Nassau constitution. Wiesbaden 1991, ISBN 3-923150-06-7 .
  • Wolfgang Jäger: State formation and reform politics - political modernization in the Duchy of Nassau between the French Revolution and the Restoration. Wiesbaden 1993, ISBN 3-922244-93-9 .
  • Winfried Schüler: The Duchy of Nassau 1806–1866: German history in miniature. (= Publications of the Historical Commission for Nassau. Volume 75). Wiesbaden 2006, ISBN 3-930221-16-0 .
  • Karl-Georg Faber : The Rhineland between restoration and revolution: Problems of Rhenish history from 1814 to 1848 as reflected in contemporary journalism . Steiner, Wiesbaden 1966.

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