[North German Constitution.]

tions that occur, for the purpose of the requisite Sovereign publication, communications in due time of the promotions and appointments affecting the respective bodies of Troops.

They have also the right of employing not only their own Troops for purposes of Police, but also all other bodies of Troops of the Federal Army that may be detached in the Territories of their Countries.

ART. LXVII. Savings in the Military Budget fall under no circumstances to any particular Government, but always to the Federal Treasury.

ART. LXVIII. The Federal Commander-in-Chief can declare any part of the Federal Territory in a state of War if Public Security is threatened therein. Until the issue of a Federal Law regulating the premises, the form of the Proclamation and the effects of such a Declaration, the provisions of the Prussian Law of 4th June, 1851 (Ges. Samm. 1851, p. 451), are to be observed.

SECTION XII.-The Federal Finances.

ART. LXIX. All the receipts and expenses of the Confederation must be estimated for each year, and brought into the Federal Budget. This is to be settled by Law before the beginning of the Financial Year, according to the following principles.

ART. LXX. To provide for all common expenses any surpluses of the preceding year are first of all made use of, as well as the common Revenues arising from the Customs, from the common Taxes on Consumption, and from the Postal and Telegraph Services. In so far as these are not sufficient to cover the expenses, they are to be made up, so long as Federal Taxes are not introduced, by contributions from the Separate Federal States in proportion to their Population, and those contributions will be imposed by the Presidency until they reach the amount fixed in the Budget.

ART. LXXI. The common expenses are granted, as a rule, for one year, but they may in special cases be granted for a longer time.

During the period of transition fixed in Article LX, the Budget of the Expenses for the Federal Army arranged under titles, is only to be laid before the Federal Council and the Diet for their information and remembrance.

ART. LXXII. An account of the application of all the Revenues

[North German Constitution.]

of the Confederation is to be laid before the Federal Council and the Diet by the Presidency yearly for the discharge of responsibility.

ART. LXXIII. In cases of extraordinary need a Loan may be contracted by way of Federal Legislation, or a guarantee may be undertaken at the charge of the Confederation.

SECTION XIII.-Accommodation of Disputes, and Penal Regulations.

ART. LXXIV. Every undertaking against the existence, the Integrity, the Security, or the Constitution of the North German Confederation, finally, any offence against the Federal Council, the Diet, a Member of the Federal Council or the Diet, an Authority or a Public Functionary of the Confederation, whilst in the exercise of their functions, or in reference to their functions, by word, writing, printing, signs, figurative or other representation, are to be judged and punished in the Separate Federal States according to the Laws now existing therein or hereafter coming into operation, by which a similar action against the Separate Federal State, its Constitution, its Chambers or Estates, or its Members thereof, its Authorities and Functionaries would be judged.

ART. LXXV. For those undertakings against the North German Confederation described in Article LXXIV, which would be characterized as High Treason or State Treason if directed against a Separate Federal State, the Supreme Court of Appeal at Lubeck, common to the three Free and Hanse Towns, is the competent deciding authority in first and last instance.

The detailed Regulations as to the competency and the procedure of the Supreme Court of Appeal will be settled in the way of Federal Legislation. Until the passing of a Federal Law the competency, as hitherto existing, of the Courts in the Separate Federal States and the Regulations relating to the procedure therein, will continue applicable.

ART. LXXVI. Disputes between different Federal States, if not concerning private rights, and as such to be decided by the competent judicial authorities, are to be settled by the Federal Council on the appeal of one of the parties.

Constitutional disputes in those Federal States whose Constitution does not appoint an authority for the decision of such

[North German Constitution.]

disputes, are to be amicably arranged by the Federal Council on the application of one of the parties, or if that cannot be done they are to be settled in the way of Federal Legislation.

ART. LXXVII. If a case of denial of justice should occur in a Federal State, and sufficient relief cannot be obtained by way of Law, it belongs to the Federal Council to receive the complaints as to the refused or obstructed administration of justice when proved according to the Constitution and the existing Laws of the Federal State concerned, and to afford the legal redress therein in regard to the Federal Government which has given cause for the complaint.

SECTION XIV.—General Provision.

ART. LXXVIII. Alterations of the Constitution take place by way of legislation, but a majority of two-thirds of the Votes represented in the Federal Council is necessary thereto.

SECTION XV.-Relations with the South German States.

ART. LXXIX. The relations of the Confederation with the South German States will be regulated immediately after the settlement of the Constitution of the North German Confederation by special Treaties to be laid before the Diet for approval.

The entry of the South German States, or any of them, into the Confederation, takes place on the proposal of the Presidency of the Confederation in the way of Federal Legislation.*

* On the 15th November, 1870, a Protocol was signed between the North German Confederation, Baden, and Hesse-Darmstadt, relative to the establishment of a German Confederation; and on the 23rd November, 1870, a Treaty on the same subject was signed between the North German Confederation and Bavaria. On the 25th November, 1870, Wurtemberg acceded to the Constitution of the North German Constitution, and concluded a Military Convention with Prussia on the same day. See also Constitution of German Empire of 16th April, 1871.

[Waldeck-Pyrmont.]

No. 408.-TREATY between Prussia and Waldeck-Pyrmont, relative to the Transfer of the Administration of the Principalities of Waldeck and Pyrmont to Prussia. Signed at Berlin, 18th July, 1867.

1. Internal Administration of the Principalities by Prussia, except the Princely Consistory, &c.

2. Administration to be in the name of the Prince.

3. Prussia to receive the Revenues, and defray Expenses.

4. Executive Powers to be exercised by Prussia. Rights reserved to the Prince.

5. Appointment of a Governor by the King.

6. Judicial and Administrative Authorities to be organised by Prussia.

7. State Servants to be Prussian Subjects. Maintenance of Constitution. 8. Public Servants of Principalities to be employed in Prussia, or pensioned.

9. Representation of the Country Abroad by the Prince.

10. Administration of Domanial Property.

11. Duration of Treaty.

12. Ratifications.

(Translation.)

His Majesty the King of Prussia and His Serene Highness the Prince of Waldeck and Pyrmont, animated by the wish of facilitating the entry of the Principalities of Waldeck and Pyrmont into the North German Confederation, have determined upon concluding a Treaty for that purpose, and accordingly have granted Full Powers, His Majesty the King of Prussia to Bernhard König, his Privy Councillor of Legation, and His Serene Highness the Prince of Waldeck and Pyrmont to his Privy Councillor Charles William v. Stockhausen, and Lewis Klapp, who, after the exchange of their Full Powers, which were found correct and regular, have agreed upon the following Articles:

Internal Administration of the Principalities by Prussia, except the Princely Consistory, &c.

ART. I. Prussia undertakes the Internal Administration of the Principalities of Waldeck and Pyrmont, exclusive only of the Administration which appertains to the Princely Consistory in its quality of Supreme Ecclesiastical Authority, and also of the ad

[Waldeck-Pyrmont.]

ministration of the charitable foundation of Schaaken, which are therefore reserved to His Serene Highness the Prince.

Administration to be in the Name of the Prince.

ART. II. The Administration will be carried on in the name of His Serene Highness the Prince, in accordance with the Constitution and Laws of the Principalities.

Prussia to receive the Revenues and defray Expenses.

ART. III. Prussia will receive the whole of the Revenues of the Principalities, and will defray all Expenses, excepting the Expenses of the Consistory in its quality of Supreme Ecclesiastical Authority.

Executive Powers to be exercised by Prussia. Rights reserved to

the Prince.

ART. IV. His Majesty the King of Prussia will exercise the whole of the Executive Powers as regards the Internal Administration of the Principalities which belong constitutionally to His Serene Highness the Prince. The latter, however, retains the right of pardon as limited by the Constitution and the Laws, and also the right of assent to alterations in the Constitution and the Laws in so far as they do not interfere with the organisation of the Judicial and Administrative Authorities (Article VI).

Appointment of a Governor by the King.

ART. V. A Governor (Landes Director) to be appointed by His Majesty the King, will be placed at the head of the Administration of the Principalities, and he will undertake the Constitutional responsibility of the Government of the Country.

Judicial and Administrative Authorities to be organised by Prussia.

ART. VI. Prussia is empowered to organise the Judicial and Administrative Authorities differently according to her own judgment. The powers of the Authorities of higher instance may be transferred to Prussian Authorities.

State Servants to be Prussian Subjects. Maintenance of

Constitution.

ART. VII. All the State Servants will be appointed by Prussia; they are to be Prussian subjects, and must take the Oath of