Thus, last year, the affair came to a crisis. The Lower Chamber or House
of Commons struck out of the Budget the sum required for the increase of
the army made in 1859 by the prolongation of the term of service. The
Upper Chamber replaced it. But on the Budget thus amended, or rather
thus restored to its original form, being returned to the Lower Chamber
for its approval, the Chamber refused to pass it. Thus the country was
left without any Budget at all. In this dilemma the Government decreed,
that as no Budget had been passed, their only course was to fall back
upon the Budget voted by the Chambers in the previous year (which
contained the allowance for the increase of the army), and the taxes
have been levied accordingly.
It is curious to observe that both the Government and the Lower Chamber
appeal to the Constitution in support of their totally opposite views.
One article of the Prussian Constitution, as revised ten years ago,
decrees that the Upper Chamber shall have no power to alter, but simply
to reject, the Budget. Another article decrees that the Budget shall be
treated as an ordinary legislative enactment: and for all such
enactments it is decreed that they cannot become valid without the
united consent of the two Chambers and of the Crown. It is also decreed
by the Constitution, that in the event of no Budget being passed, the
Budget of the previous year shall continue in force. In regard to what
actually took place, the Lower Chamber can maintain that the
Constitution was violated by the Upper Chamber _altering_ (it is allowed
they had the power to _reject_) the Budget. But that is a question
between the two Houses with which the Government has nothing to do. The
only fact which the Government had to deal with was, that no Budget was
passed. (And obviously the result would have been the same if the Upper
Chamber, instead of altering the Budget, had simply rejected it.)
Accordingly, no Budget having been passed, the Budget of the previous
year continued in force in virtue of the Constitution itself. It is a
mistake, therefore, to suppose that any Bill of Indemnity is required by
the Government. The levying of taxes during the past year, to the amount
of the previous Budget, was no special act of theirs, but was enjoined
by the Constitution. We extremely regret, therefore, to see that the
Prussian Deputies appear resolved to act as if the Government had
committed an actual violation of the constitution,—which most certainly
it has not done.
Public-domain text, read in full here on John Shaqi.
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