193. Chief

the Carlsbad Resolutions as ratified

judicial decision become necessary, the same shall be effected through a well-organized court of arbitration, to the decision of which the conflicting parties shall forthwith submit.1

The extreme phase in the spirit of reaction was reached in Germany when the laws given below were enacted by the Diet. Using the murder of Kotzebue as an excuse, Metternich called a conference of the larger states of the Confederation at Carlsbad (Bohemia) in August, 1819. Here a series of resolutions were drawn up, with the aim of checking the free expression of opinions hostile to existing institutions and of discovering and bringing to justice conspirators, who were supposed to exist in dangerous numbers. These Carlsbad Resolutions were laid before the Diet, which, under Austria's influence, reluctantly ratified them.

1. A special representative of the ruler of each state shall provisions of be appointed for each university, with appropriate instructions and extended powers, and shall reside in the place where the university is situated. This office may devolve upon the existing curator or upon any other individual whom the government may deem qualified.

by the Diet September 20, 1819)

Law provid

ng for a Supervision of the univer

sity professors and students

The function of this agent shall be to see to the strictest enforcement of existing laws and disciplinary regulations; to observe carefully the spirit which is shown by the instructors in the university in their public lectures and regular courses, and, without directly interfering in scientific matters or in the methods of teaching, to give a salutary direction to the instruction, having in view the future attitude of the students. Lastly, he shall devote unceasing attention to everything that may promote morality, good order, and outward propriety among

the students. . .

1 The "special provisions" which follow are omitted. The most important of these, and one which later caused much discussion, was Article XIII, which read: "A constitution based upon the system of estates shall take place (statt finden) in all the states of the union ”

2. The confederated governments mutually pledge themselves to remove from the universities or other public educational institutions all teachers who, by obvious deviation from their duty, or by exceeding the limits of their functions, or by the abuse of their legitimate influence over the youthful minds, or by propagating harmful doctrines hostile to public order or subversive of existing governmental institutions, shall have unmistakably proved their unfitness for the important office intrusted to them. . .

No teacher who shall have been removed in this manner shall be again appointed to a position in any public institution of learning in another state of the union.

3. Those laws which have for a long period been directed Students' against secret and unauthorized societies in the universities societies shall be strictly enforced. These laws apply especially to that association established some years since under the name Universal Students' Union (Allgemeine Burschenschaft), since the very conception of the society implies the utterly unallowable plan of permanent fellowship and constant communication between the various universities. The duty of especial watchfulness in this matter should be impressed upon the special agents of the government.

The governments mutually agree that such persons as shall hereafter be shown to have remained in secret or unauthorized associations, or shall have entered such associations, shall not be admitted to any public office.

4. No student who shall be expelled from a university in virtue of a decision of the university senate ratified or prompted by the agent of the government, or who shall have left the institution in order to escape expulsion, shall be received in any other university.

1. So long as this decree shall remain in force no publica- Press law tion which appears in the form of daily issues, or as a serial not exceeding twenty sheets of printed matter, shall go to press

in any state of the union without the previous knowledge and

Establish

or which may be enacted, in the individual states of the union.

4. Each state of the union is responsible, not only to the state against which the offense is directly committed, but to the whole Confederation, for every publication appearing within the limits of its jurisdiction in which the honor or security of other states is infringed or their constitution or administration attacked. . . .

6. The Diet shall have the right, moreover, to suppress on its own authority, without being petitioned, such writings included in Article 1, in whatever German state they may appear, as, in the opinion of a commission appointed by it, are inimical to the honor of the union, the safety of individual states, or the maintenance of peace and quiet in Germany. There shall be no appeal from such decisions, and the governments involved are bound to see that they are put into execution. . .

7. When a newspaper or periodical is suppressed by a decision of the Diet, the editor thereof may not within a period of five years edit a similar publication in any state of the union.

1. Within a fortnight, reckoned from the passage of this ment of an decree, there shall convene, under the auspices of the Coninvestigating committee at federation, in the city and federal fortress of Mayence, an Mayence extraordinary commission of investigation to consist of seven

members, including the chairman.

2. The object of the commission shall be a joint investigation, as thorough and extensive as possible, of the facts relating to the origin and manifold ramifications of the revolutionary plots and demagogical associations directed against the existing constitution and the internal peace both of the union and of the individual states; of the existence of which plots more or less clear evidence is to be had already, or may be produced in the course of the investigation.

10. The central investigating commission is to furnish the Diet from time to time with a report of the results of the investigation, which is to be carried out as speedily as possible. . .

Shortly after Napoleon set aside the ruling Bourbon ine in Spain in 1808, and placed his brother Joseph on the throne, a national Cortes was summoned by a committee in the name of those Spaniards who resisted the dominion of the foreigner. Only the liberals responded to the call, and the Cortes, while nominally loyal to their king, Ferdinand VII, whom Napoleon had deposed along with his father, Charles IV, completed a constitution in 1812 on the model of the French Constitution of 1791, expressly declaring that sovereignty resided in the nation and reducing the royal power to a mere shadow. When Ferdinand returned to Spain in 1814, after the expulsion of the French, he did all he could to restore the old régime and began by declaring this constitution of 1812 null and void.

Ferdinand

ing the

constitution of 1812 (May, 1814)

This form of legislation, so foreign to the Spanish nation, 194. Maniconsigns to oblivion the laws which have rendered it so happy festo of and respected in former times. In fact, all the foundations of VII abolishthe ancient monarchical constitution have been overturned, while all the revolutionary and democratic principles of the French Constitution of 1791 have been copied. . . . Thus are promulgated not the fundamental laws of a limited monarchy, but those of a popular government presided over by a chief or magistrate, who is only a clerk, not a king. He is given the name of king, it is true, but this is only to allure and deceive shortsighted and credulous men. In order to dispose the minds of men to receive without How the title suspicion such dangerous innovations, especially relating to of king has been degraded the royal personage and to the prerogatives of the crown, use in Spain by is made of some of the newspapers with which most of the dep- the innovators

...

uties in the Cortes are themselves connected The attempt is

The news

papers have dared to

king

titles of king and despot as synonymous, and by calling tyrants kings. At the same time those who have the courage to combat these innovations and object to this anarchical and seditious language are prosecuted in the most cruel manner. Wherever democracy appears, all is changed which recalls the name of king; the armies, the institutions which for a long time have been honored by the title of royal, are called "national," and thus the people are deceived, who, nevertheless, in spite of so many perfidious intrigues, have preserved their natural loyalty and nobleness of character.

I have learned of all this since my happy return to the realm, both from my own observations and from the newscriticise the papers in which many articles have been impudently printed up till this very day about my character and return, so gross and infamous that they would constitute a grave offense against any other person than myself and would merit the severest punishment. Unexpected insults have also filled my heart with bitterness. I have only been consoled by the evidences of the love of my faithful subjects, who longed for my arrival in the hope that my presence would put an end to the evils and oppression under which those who preserved the memory of my person and desired the true welfare of the country, groaned.

Ferdinand

abhors despotism

I promise you and I swear to you, true and loyal Spaniards, that since I sympathize with the evils which you have suffered, you will not be in the least deceived in your hopes. Your sovereign wishes to live for you; he makes his glory consist in being the sovereign of a heroic nation which by immortal exploits has won the admiration of all other peoples, and has maintained its liberty and its honor. I detest, I abhor despotism; it cannot be reconciled either with civilization or with the enlightenment of the nations of Europe. Kings have never been despots in Spain; neither the kings nor the constitution of the realm has ever authorized despotism, although unfortunately we have seen at times, here as everywhere, certain abuses of power which no human constitution could ever entirely prevent because there are certain abuses in all that is human; but if this has occurred in Spain, it is not the fault of the constitution but the fault of persons and circumstances.