Regency over the Duchy of Braunschweig

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Regency Council: Painting by Moritz Röbbecke from 1909. The members of the second Regency Council are shown (from left to right): Albert von Otto , August Trieps , Adolf Hartwieg , Hans Wolf and Wilhelm Semler .

The reign over the Duchy of Braunschweig refers to the period between the death of Duke Wilhelm in 1884 and the assumption of office of Duke Ernst August in 1913. The Brunswick Regency Council, a state organ of the Duchy of Brunswick , led after the death of Duke Wilhelm until the first regent took office Prince Albrecht provisionally the government. After his death in 1906, the Regency Council again took over provisional government until Johann Albrecht took over the reign , who was in office until 1913. In that year, Duke Ernst August constitutionally took over rule, so that the Regency Council no longer had to be convened.

The Braunschweig question of succession

The history

The Brunswick Duke Karl II fled abroad after a revolt in 1830. On the urgent advice of the Prussian King Friedrich Wilhelm III. Karl's younger brother Wilhelm went to Braunschweig. Based on a revocable power of attorney from his brother, he initially took over the provisional leadership. On the basis of a Bundestag decree, Wilhelm was temporarily entrusted with the government of the country. In 1832 Karl was declared incapable of government by a family resolution and Duke Wilhelm was recognized as the only legitimate ruler. "It was only with the greatest reluctance that Wilhelm found himself willing to take over the government, as the obvious breach of legitimate princely law seemed too risky to him as a heavy mortgage."

The Bundestag, the supreme organ of the German Confederation , however, declared the reservation that this would not affect the rights of any descent of Duke Charles II of Braunschweig. Therefore, Karl had the opportunity to become the father of an equal son and heir to the throne. This was neither in the interests of Wilhelm and Brunswick politics, nor in the interests of the Hanover Guelph Line. However, since neither Karl (died 1873) nor Wilhelm married, the probability increased over the decades that there would be no heir to the throne and that the male line would die out.

Section 14 of the New Landscape Regulations for the Duchy of Braunschweig of October 12, 1832, the state constitution, determined the succession of the ruler:

“The government is inherited in the princely general house Braunschweig-Lüneburg according to the ruler succession and the rights of the firstborn, namely initially in the male line from legal, equal and legal marriage. If the male line of the princely general house expires, the government passes over to the female line according to the same principles. "

Thereafter, upon the death of Duke Wilhelm, the succession to the throne would have fallen to the King of Hanover (if Karl had not become the father of an equal son). Publications appeared as early as the early 1860s, some anonymously, which dealt with the question of a successor to Duke Wilhelm. The Göttingen legal scholar Heinrich Zachariä criticized for this in 1862 that questions were raised that did not arise. Until recently, according to Zachariä, no one would have dreamed of questioning the “right to success of the Crown Hanover”. In the writings mentioned, however, the right of the House of Hanover to succeed to the throne was contested. In this case, the succession to the throne would have passed to a monarch appointed by Braunschweig or a connection to Prussia would have been possible.

The courts in Hanover and Braunschweig were worried by the numerous publications. In 1862 they agreed to enter into negotiations on a succession agreement. In November of this year, King George V and Duke Wilhelm agreed on a personal union, i.e. H. to the continued existence of the state of Braunschweig. Georg's son, Crown Prince Ernst August, was to receive the dignity of a state administrator . They agreed by mutual agreement that “no third princely house with any right to interfere in the succession of Hanover in Braunschweig.” In the meantime, the overthrown former Duke Karl from exile tried to cede his supposed rights to the ducal throne in return for a very high compensation to the Prussian king .

During the German War , the Kingdom of Hanover sided with Austria. Defeated by the military, Hanover was annexed by Prussia in 1866. With this, the chances of the Hanoverian Guelphs to take over the Braunschweig throne had deteriorated significantly. Prussia was opposed to the acceptance of the Brunswick throne by a member of the House of Hanover. Since they not only did not recognize the annexation by Prussia, but also planned a military recapture of their former territory with the Welf Legion , they were considered enemies of the Reich by the Prussian Prime Minister and Federal Chancellor of the North German Confederation Otto von Bismarck . To reassure the Braunschweig public, Prussia issued a guarantee of existence for the Duchy of Braunschweig in 1867, pointing out that all states of the North German Confederation had mutually guaranteed sovereignty to one another.

After the establishment of the German Empire , Prussia's position among the German states, and especially that of Bismarck, was further strengthened. Georg V of Hanover, however, stuck to his claim to Hanover; After his death in 1878, his son Ernst August, Duke of Cumberland , who also assumed the title Duke of Brunswick , did the same .

Persons directly or indirectly involved in the question of succession:

  • Duke Charles II of Braunschweig

  • Duke Wilhelm of Braunschweig

  • George V of Hanover

  • Ernst August, Crown Prince of Hanover, Duke of Cumberland

  • Otto von Bismarck, 1886

  • Hermann v. Görtz-Wrisberg as a Göttingen student around 1840

The legislative process

In order to end the uncertainty about the legal situation, the members of the Braunschweigische Landschaft negotiated the draft of a Regency Law in 1873, which - with the consent and guarantee of the German Emperor - provided for the reign of Grand Duke Peter von Oldenburg . The prerequisite was the foreseeable further prevention of the rightful heir to the throne. The Grand Duke made taking over the office dependent on the following three conditions:

Consent of the emperor
Consent of George V.
Approval of the Oldenburg State Parliament

Bismarck had no interest in accepting the indirect recognition of the claims of the Hanoverian Guelphs. I.a. therefore the prerequisite for the approval of the emperor contained in the bill did not materialize. The Braunschweig State Parliament then decided in 1874 to "suspend the preliminary arrangement of a regency for the time being". In the following period the matter was not pursued because other tasks had to be given priority. After the death of George V in 1878 and his son adhering to the requirements of the House of Hanover, the desire for clear conditions increased among the representatives of the state of Braunschweig. But it was only when the Braunschweig government had convinced Prussia that it did not intend to secure the claims of the Hanoverian Guelphs that the emperor and the imperial chancellor were won over to a regency law.

In the talks between Duke Wilhelm and his Minister Schulz with the Prussian ambassador Prince Gustav zu Ysenburg , the Duke already brought up Prince Albrecht of Prussia as the future regent, who later actually took over this office. At the request of Duke Wilhelm, a new draft of a Regency Act was finally introduced into the state parliament in 1879. On February 16, 1879, the Duke, with the consent of the National Assembly, passed the law concerning the provisional order of governance in the event of an exemption from the throne, as a supplement to the state constitution.

The Regency Act

The law was drafted by Minister of State Eduard Trieps . The law was valid according to § 1 in the case of future heirs to the throne, if "the heir to the throne entitled to inherit should be somehow handicapped to take office immediately". In this case, "a provisional government of the country should enter through a Regency Council". In principle, the Regency Council leads the government with all the rights and obligations of a government administration (§ 4). The provisional government ends when the heir to the throne, who is no longer prevented from exercising government, has taken over the government or, in the case of persistent hindrance, a person entitled to reign has taken over (§ 5). Section 6 sentence 1 reads:

"If the accession of the heir to the throne or the assumption of government business by a legitimate regent has not taken place within one year of the accession to the throne, the regional assembly elects the regent at the suggestion of the Regency Council from the adult, non-ruling princes of the sovereign royal houses belonging to the German Empire , which then continues the government corruption until the accession of the heir to the throne. "

Members of the Regency Council

The Regency Council should consist of the voting members of the Ducal State Ministry, the President of the Braunschweigische Landtag (state assembly) and the President of the Higher Court (in future the Higher Regional Court ) (Section 2 of the Regency Act).

The time of the reign

The first Regency Council

On the day of Duke Wilhelm's death on October 18, 1884, the Prussian Major General Richard von Hilgers , head of the Braunschweig Garrison Command and commander of the 40th Infantry Brigade, made the following declaration:

“To the residents of the Duchy of Braunschweig!
After the unherited passing of His Highness the Duke Wilhelm, the German Empire had to examine the question of who would succeed the deceased Duke as comrade and sovereign in Braunschweig, in accordance with the Federal Treaty of 1867 and the Imperial Constitution. The allied governments will first have to decide in the Federal Council on the legitimation of the representation of Braunschweig in the same. Until the decision has been made, His Majesty the Emperor will, on the basis of the Federal Treaty and Articles 11 and 17 of the Imperial Constitution, ensure that the rightful execution of the succession to the throne is not anticipated and that the reserved rights to the Duke's person are guaranteed. For this purpose and with regard to Art. 4, Nos. 3 and 4 of the Braunschweig law of February 16, 1879, His Majesty the Kaiser has given me the supreme command of the troops in the Duchy. I have taken it over and, on behalf of His Majesty the Emperor, call upon the residents of the Duchy to face the decision of the Empire in the confidence that the rights and future of their country are under the protection of the Empire and its constitution. [...] "

According to Pollmann, the state of Braunschweig was placed under martial law by “unconstitutional secret orders”. In particular, the Duke of Cumberland was to be arrested and interned in Magdeburg if he should assert his claims personally in the country.

On the same day the Regency Council announced its constitution; he would lead the provisional government in accordance with the law and convene the national assembly immediately. The Hanoverian pretender, Ernst August, Duke of Cumberland, also became active. On October 18, he also informed the Brunswick State Ministry that the successor had passed to him. The state ministry should give the attached patent the state seal, contrasign it and publish it in the customary manner. The ministry rejected this demand and the request that Minister von Görtz-Wrisberg should visit Ernst August in his exile in Gmunden with a letter dated October 22:

“By doing this, Ew can and will of course meet the possible claims. Royal Highness on the succession to the throne in the Duchy are not prejudiced in any way, but the Regency Council believes it must leave their assertion to the Emperor and Empire to your Royal Highness. "

In his will, Duke Wilhelm had decreed that Ernst August von Braunschweig-Lüneburg, Duke of Cumberland, should succeed the throne. Since the question of the succession in the Duchy of Braunschweig was also seen as a question of the imperial constitution, the Federal Council decided on July 2, 1885 by a majority at the request of Prussia, "that the government of the Duke of Cumberland in Braunschweig, as it is in a peace guaranteed by the imperial constitution conflicting relations with the federal state of Prussia [...] is not compatible with the basic principles of the treaties of alliances and the imperial constitution [...]. ”Thus, the right of succession of the Hanoverian line was not disputed per se, but only a hindrance in the Person of the pretender. Because of the balance of power, only a regent could be chosen who met Prussia's approval, and even more so, who chose Prussia. Since the government activity of the Regency Council was limited to one year, i.e. until October 17, 1885, time was pressing. Bismarck first proposed Prince Heinrich of Prussia , later Prince Albrecht of Prussia, a nephew of the emperor. After the emperor's consent, Count Görtz was informed that Prince Albrecht was the most suitable candidate for the reign of the emperor.

The reign of Prince Albrecht

The state parliament unanimously elected Albrecht as regent on October 21, 1885. On November 2nd, Albrecht solemnly moved into the ducal residence.

The second Regency Council

After Prince Albrecht's death on September 12, 1906, the Regency Council was constituted under Minister Albert von Otto. The Duke of Cumberland brought his youngest son Ernst August , born in 1887, who was not affected by the quarrel with Prussia, into play as heir to the throne. At the instigation of Prussia, the Federal Council decided on February 28, 1907 that as long as the conflict between the House of Hanover and the Federal State of Prussia persisted, “the government of another member of the House of Braunschweig-Lüneburg would also be incompatible with the basic principles of the imperial constitution, even if this Member for himself to renounce the former Kingdom of Hanover. ”However, the Duke of Cumberland refused such a waiver. Minister von Otto favored the youngest son of the previous regent Albrecht, Prince Friedrich Wilhelm . However, the majority of the state parliament did not want another Hohenzollern as regent, but spoke out in favor of Duke Johann Albrecht von Mecklenburg . After consultation with Reich Chancellor Bernhard von Bülow and the Kaiser, he agreed to take over the office.

The reign of Johann Albrecht

On May 28, 1907, the state parliament elected Duke Johann Albrecht as regent of the Duchy of Braunschweig.

The last years of the Duchy of Braunschweig

On the occasion of the death of Georg Wilhelm von Braunschweig-Lüneburg , the eldest son of the Duke of Cumberland, in a car accident, there were closer contacts and rapprochement between the Welfs and the Hohenzollerns. The brother of the unfortunate Prince Georg Wilhelm, Ernst August (* 1887) met the daughter of the Emperor, Viktoria Luise von Prussia , on June 2, 1912 at the imperial court and they fell in love. Both ruling houses recognized the advantage that a union would bring them through the marriage of both. Wedding was celebrated in Berlin on May 24, 1913. After the Duke of Cumberland renounced the Brunswick throne, the Federal Council recognized Prince Ernst August's ability to govern in a plenary session on October 28, 1913. The state assembly took note of the resumption of government by the ancestral ruling house and on November 1, 1913, the Braunschweig State Ministry published the patent of Duke Ernst August on his assumption of government. The reign was over.

The monarchical rule over the state of Braunschweig ended on November 8, 1918 with the abdication of the duke - one day before Chancellor Max von Baden announced the abdication of Kaiser Wilhelm, the duke's father-in-law.

Literature and Sources
Volume I. Appelhans Verlag, Braunschweig 2000, ISBN 3-930292-39-4 .
Volume II: Literature Review, Sources and Notes. Appelhans Verlag, Braunschweig 2000, ISBN 3-930292-40-8 .
Volume III: Braunschweig after 1848, Duke Wilhelm and the regents. Appelhans Verlag, Braunschweig 2004, ISBN 3-937664-07-6 .

Individual evidence

  1. ↑ Hartwieg, p. 15.
  2. ^ Manfred R. Garzmann: Duke Wilhelm of Braunschweig-Lüneburg. A biographical sketch. In: Head of School and College of Wilhelm-Gymnasium (Ed.): 100 Years of Wilhelm-Gymnasium Braunschweig 1885–1985. Festschrift for the 100th anniversary of Wilhelm-Gymnasium. Hans Oeding Verlag, Braunschweig, 1985, p. 51 ff. (54).
  3. ↑ Also known as the constitution of the state.
  4. ↑ New landscape order. In addition to the electoral law for the Duchy of Braunschweig of October 12th, 1832 (digitized version )
  5. ↑ Quoted from Kiekenap, Volume 3, pp. 253 f.
  6. ↑ Kiekenap, p. 252 also considers the possibility of a declaration on the Reichsland such as the Reichsland Alsace-Lorraine .
  7. ↑ Kiekenap, Volume 3, p. 256 f.
  8. ↑ Kiekenap, p. 23.
  9. ↑ In his thoughts and memories, Bismarck drew a line from the betrayal of Henry the Lion to the emperor and empire in 1176 "at the moment of the most difficult and dangerous struggle for personal and dynastic interests" to his present. Thoughts and memories. Erich Vollmer Verlag, Essen, ISBN 3-88851-156-9 , p. 114.
  10. ↑ Kiekenap, Volume 3, p. 258.
  11. ↑ Pollmann, Das Herzogtum im Kaiserreich, p. 823.
  12. ^ Philippi, p. 43.
  13. ↑ Printed as Appendix 7.8 in Kiekenap, Volume 3, p. 337 ff.
  14. ↑ Trieps, Eduard.
  15. ↑ In today's usage: Prevented or hindered.
  16. ↑ According to Section 159 of the New Landscape Order, the State Ministry was the highest administrative body under the sovereign. It consisted of at least three voting members who were appointed and recalled by the sovereign. Government activity was not due to the state ministry, but to the sovereign.
  17. ↑ §§ 119 ff. Courts Constitution Act
  18. ↑ Printed in Kiekenap, Volume 3, p. 345 f.
  19. ↑ Pollmann, Das Herzogtum im Kaiserreich, p. 823 f.
  20. ↑ Kiekenap, p. 299.
  21. ^ With abstention from Braunschweig and Oldenburg and dissenting votes from Mecklenburg-Schwerin and Reuss older line .
  22. ^ Philippi, Question of Succession, p. 77.
  23. ↑ Kiekenap, p. 299 f.
  24. ^ Philippi, p. 180