The German Classics of the Nineteenth and Twentieth Centuries, Volume 10: Prince Otto Von Bismarck, Count Helmuth Von Moltke, Ferdinand Lassalle
History
The German Classics of the Nineteenth and Twentieth Centuries, Volume 10: Prince Otto Von Bismarck, Count Helmuth Von Moltke, Ferdinand Lassalle
German literature -- 19th century -- Translations into English; German literature -- 20th century -- Translations into English
understands it. Nobody, however, can be held responsible for acts and
resolves not his own. No responsibility can be foisted on anybody--nor
did the imperial constitution intend to do this--for acts which do not
depend on his own free will, and into which he can be forced. The
responsible person, therefore, must enjoy complete independence and
freedom within the sphere of his responsibility. If he does not, all
responsibility ceases; and _I_ do not know on whose shoulders it will
rest--so far as the empire is concerned it has disappeared completely.
As long, therefore, as Mr. Richter does not change the constitution,
you yourselves must insist on having a chancellor who is absolutely
free and independent in his decisions, for no man can hold him
responsible for those things which he is unable to decide for himself,
freely and independently. Mr. Richter has expressed the wish of
limiting in several directions this constitutional independence of the
chancellor. In the first place, in one direction where it is already
limited and where he wishes to have it disappear entirely. This
concerns his responsibility for those acts in our political life which
the constitution assigns to the emperor in connection with the
decisions of the Bundesrat and the Reichstag. There can be no doubt
that these acts include also those which have to be performed, as the
constitution says, in the name of the emperor; the submission, for
instance, to the Reichstag of a resolve of the Bundesrat. Mr. Richter
has correctly quoted an incident, mentioned in the _North German
Gazette_, concerning the resolves on some collected cases of
accidents, which I considered it incompatible with my responsibility
to submit to you in the name of the emperor. I, therefore, did not do
it. One may well ask: What has the constitutional law to say on this
point? Was I justified in not acting? Was the emperor justified in not
acting! Or was His Majesty the Emperor bound by the constitution to
submit to you the resolve of the Bundesrat?
At the time when the constitution was being drawn I once discussed
this point with an astute jurist, who had long been and still is with
us in an important position--Mr. Pape. He said to me: "The emperor has
no veto." I replied, "Constitutionally he has not, but suppose a
measure is expected of him which he thinks he should not take, and
against which his then chancellor warns him, saying: I cannot advocate
it, and I shall not countersign it. Well, in this case is the emperor
obliged to look for another chancellor, and to dismiss him who opposes
the measure? Is he obliged to accept anyone as chancellor, suggested
perhaps by the other party? Will he look for a second or third
chancellor, both of whom may say: We cannot assume the responsibility
for this bill by submitting it to the Reichstag?" Hereupon Mr. Pape
replied: "You are right, the emperor possesses an indirect but actual
veto."
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