Reich law on the introduction of a German war and trade flag

Draft for the war and trade flag from 1848

The Reichsgesetz concerning the introduction of a German war and trade flag was a Reichsgesetz of the German Reich of 1848. It describes the colors black-red-gold and the use of a general German Reichsflagge as well as a war flag for the Reichsflotte .

The law was adopted by the Frankfurt National Assembly . The reaction decisions of the German states after 1850 declared it invalid, like the entire Reich legislation.

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Sea of flags at the entry of the Reich Administrator into Frankfurt, July 1848

In the German revolution that began in March 1848, the colors black, red and gold had generally prevailed. On March 9, the Bundestag accepted the colors. Even the Prussian King Friedrich Wilhelm IV wore such an armband on March 22nd when he promised that in future Prussia would be incorporated into Germany.

On July 31, 1848, the National Assembly passed an imperial law on the introduction of a German war and trade flag , but it was not until November 12 that the imperial governor issued it. With this delay, Reichsverweser Johann von Österreich reacted to the lack of recognition of the empire by the great powers; Britain threatened to view the German flag as a pirate flag. Nevertheless, according to constitutional historian Ernst Rudolf Huber , the flag law was a “constitutionally valid constitutional law of the Reich”. Because of the general distribution, there was no separate color paragraph in the Imperial Constitution of 1849 .

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According to the Reich Law (Art. 4), German merchant ships should fly the “national flag”, but they were also allowed to fly a flag of their country or place. The law made a distinction between the national flag, also known as the “general German Reich flag”, and the war flag: the latter included the Reich coat of arms in the upper left corner. While Art. 1 and 3 describe the third color as yellow, Art. 2 speaks of a "golden (yellow) field".

Ships under black-red-gold

German war flag

At first there was no implementing law, just as the promulgation of imperial laws was still uncertain. The central power was not yet generally recognized, hence the permission to use a national flag at the same time. In May 1849 an incident occurred when a British ship entered the port of Kiel, but missed the salute for the German flag. The ship was reminded of its duty under international law with a warning shot . Negotiations resulted in a formal apology from London.

The frigates Eckernförde and Germany , 1849, with the war flag

On June 4, 1849, during the naval battle near Heligoland , the commandant of the then British island had fired a warning against the German ships. Following a complaint, the UK Foreign Office threatened ships will be considered privateers if they fight without recognized sovereignty.

The Bundestag, which introduced the German colors in the German Confederation on March 9, 1848, but also the central power had failed to show the new flag abroad (with the exception of the USA). Now she tried to get recognition from June 21, 1849. Because of the end of central power, the Federal Central Commission took over this task. In May 1850, the USA, the Netherlands (as a federal member), Belgium, Sardinia, Turkey, Portugal, Naples, Spain, Greece and, subject to France, had recognized the flag. On July 29, Great Britain delayed a reply to an announcement made at the beginning of the month.

source

Ernst Rudolf Huber: Documents on German constitutional history. Volume 1: German constitutional documents 1803–1850, 3rd edition, Kohlhammer, Stuttgart [u. a.] 1978, p. 401, no. 109: Reich law on the introduction of a German war and trade flag of November 12, 1848 ( Reichsgesetzbl. 1848, p. 15 f.)

Web links

Law on the introduction of a German war and trade flag of November 12, 1848, documentArchiv.de

supporting documents

^ Ernst Rudolf Huber: Documents on German constitutional history. Volume 1: German constitutional documents 1803–1850, 3rd edition, Kohlhammer, Stuttgart [u. a.] 1978, p. 400.
^ Walther Hubatsch: The German Reichsflotte 1848 and the German Confederation. In: ders. (Ed.): The first German fleet 1848–1853 , ES Mittler und Sohn, Herford / Bonn 1981, pp. 29–50, here p. 33.
^ Ernst Rudolf Huber: German constitutional history since 1789. Volume II: The struggle for unity and freedom 1830 to 1850 . 3rd edition, Verlag W. Kohlhammer, Stuttgart [ua] 1988, p. 659.
^ Walther Hubatsch: The German Reichsflotte 1848 and the German Confederation. In: ders. (Ed.): The first German fleet 1848–1853 , ES Mittler und Sohn, Herford / Bonn 1981, pp. 29–50, here p. 33 f.
^ Walther Hubatsch: Research status and result. In: ders. (Ed.): The first German fleet 1848–1853 , ES Mittler und Sohn, Herford / Bonn 1981, pp. 79–94, here p. 86 f.

^ Walther Hubatsch: The German Reichsflotte 1848 and the German Confederation. In: ders. (Ed.): The first German fleet 1848–1853 , ES Mittler und Sohn, Herford / Bonn 1981, pp. 29–50, here p. 34.

[1] Ernst Rudolf Huber: Documents on German constitutional history. Volume 1: German constitutional documents 1803–1850, 3rd edition, Kohlhammer, Stuttgart [u. a.] 1978, p. 400.

[2] Walther Hubatsch: The German Reichsflotte 1848 and the German Confederation. In: ders. (Ed.): The first German fleet 1848–1853 , ES Mittler und Sohn, Herford / Bonn 1981, pp. 29–50, here p. 33.

[3] Ernst Rudolf Huber: German constitutional history since 1789. Volume II: The struggle for unity and freedom 1830 to 1850 . 3rd edition, Verlag W. Kohlhammer, Stuttgart [ua] 1988, p. 659.

[4] Walther Hubatsch: The German Reichsflotte 1848 and the German Confederation. In: ders. (Ed.): The first German fleet 1848–1853 , ES Mittler und Sohn, Herford / Bonn 1981, pp. 29–50, here p. 33 f.

[5] Walther Hubatsch: Research status and result. In: ders. (Ed.): The first German fleet 1848–1853 , ES Mittler und Sohn, Herford / Bonn 1981, pp. 79–94, here p. 86 f.

[6] Walther Hubatsch: The German Reichsflotte 1848 and the German Confederation. In: ders. (Ed.): The first German fleet 1848–1853 , ES Mittler und Sohn, Herford / Bonn 1981, pp. 29–50, here p. 34.