[German Constitution.] No. 443.-LAW of the Emperor of Germany, respecting the Constitution of the Empire. Berlin, 16th April, 1871. (Translation.) Reference to the Constitution of the North German Confederation and to the Treaties with Bavaria and Wurtemberg of 23rd and 25th November, 1870. WE, William, by the Grace of God, German Emperor, King of Prussia, &c., do hereby order, in the name of the German Empire, by and with the consent of the Council of the Confederation and of the Imperial Diet, as follows: § 1. In the place of the Constitution of the German Confederation, agreed to between the North German Confederation, and the Grand Duchies of Baden and Hesse, as well as of the Treaties of 23rd and 25th November, 1870, concluded with the Kingdoms of Bavaria and Wurtemberg respecting the adhesion to that Constitution, is substituted the annexed, Constitution for the German Empire (No. 444). § 2. The stipulations in Article LXXX of the Constitution of the German Confederation (No. 407) mentioned in § 1; under III § 8 of the Treaty with Bavaria of 23rd November, 1870; in Article II, No. 6 of the Treaty with Wurtemberg of 25th November, 1870, respecting the introduction into those States of the Laws issued in the North German Confederation, remain in force. The laws specified there are Laws of the Empire. Where the North German Confederation, its Constitution, Territories, Members, or States, Birthright, Constitutional Organs, Subjects, Officials, Flag, &c., are spoken of therein, the German Empire and its corresponding relations are to be understood. The same is valid for those Laws enacted in the North German Confederation, which may hereafter be introduced into one of the said States. §3. The arrangements in the Protocol adopted at Versailles. on the 15th November, 1870; in the transaction at Berlin on the 25th November, 1870; in the final Protocol of 23rd November, 1870; as well as under Article IV of the Treaty with Bavaria of 23rd November, 1870, are not affected by this Law. Given under our Imperial Signature, and sealed with our Imperial Seal. Done at Berlin, the 16th of April, 1871. PRINCE V. BISMARCK. * See Note, pages 1828. (L.S.) WILLIAM. [German Constitution.] No. 444.-CONSTITUTION of the German Empire. Berlin, 16th April, 1871.* to 10. 11 to 19. 20 TABLE. Council of the Confederation. Committee for Foreign Affairs. The Presidency. King of Prussia, German Emperor. Right to declare War; to make Peace; to conclude Treaties with Foreign Powers, and to send and receive Ambassadors. to 68. 69 · Military Affairs of the Empire. Final Stipulations to Section XI. to Finances of the Empire. Final Stipulation to Section XII. 73. 74 to 77. Settlement of Differences and Penal Stipulations. 78. General Stipulations. (Translation.) His Majesty the King of Prussia in the name of the North German Confederation, His Majesty the King of Bavaria, His Majesty the King of Wurtemberg, His Royal Highness the Grand Duke of Baden, and His Royal Highness the Grand Duke of Hesse and by Rhine, for those parts of the Grand Duchy of *See Note, page 1828. [German Constitution.] Hesse which are south of the river Maine, conclude an everlasting Confederation for the protection of the Territory of the Confederation and the rights thereof, as well as to care for the welfare of the German people. This Confederation will bear the name "German Empire," and is to have the following CONSTITUTION. 1. Territory of the Confederation. ART. I. The Territory of the Confederation is comprised of the States of Prussia with Lauenburg, Bavaria, Saxony, Wurtemberg, Baden, Hesse, Mecklenburg-Schwerin, Saxe-Weimar, Mecklenburg-Strelitz, Oldenburg, Brunswick, Saxe-Meiningen, Saxe-Altenburg, Saxe-Coburg-Gotha, Anhalt, Schwarzburg-Rudolstadt, Schwarzburg-Sondershausen, Waldeck, Reuss Elder Line, Reuss Younger Line, Schaumburg-Lippe, Lippe, Lubeck, Bremen, and Hamburg. II. Legislature of the Empire. ART. II. Within this Confederate Territory the Empire exercises the right of legislation according to the tenor of this Constitution, and with the effect that the Imperial laws take precedence of the laws of the States. The Imperial laws receive their binding power by their publication in the name of the Empire, which takes place by means of an Imperial Law Gazette. If the date of its first coming into force is not otherwise fixed in the published law, it comes into force on the 14th day after the close of the day on which the part of the Imperial Law Gazette which contains it is published at Berlin. ART. III. For entire Germany one common nationality exists with the effect, that every person (subject, State-citizen) belonging to any one of the Confederated States is to be treated in every other of the Confederated States as a born native, and accordingly must be permitted to have a fixed dwelling, to trade, to be appointed to public offices, to acquire real estate property, to obtain the rights of a State-citizen, and to enjoy all other civil rights under the same presuppositions as the natives, and likewise is to be treated equally with regard to legal prosecution or legal protection. No German may be restricted from the exercise of this right [German Constitution.] by the authorities of his own State or by the authorities of any of the other Confederated States. Those regulations which have reference to the care of the poor, and their admission into local parishes are not affected by the principles set down in the first paragraph. Until further notice the Treaties likewise remain in force which have been entered into by the particular States of the Confederation regarding the reception of persons expelled, the care of sick persons, and the burial of deceased persons belonging to the States. What is needful for the fulfilment of military duty in regard to the native country will be ordered by the way of Imperial legislation. Every German has the same claim to the protection of the Empire with regard to foreign nations. ART. IV. The following affairs are subject to the superintendence and legislation of the Empire: 1. The regulations as to freedom of translocation, domicile, and settlement affairs, right of citizenship, passport and police regulations for strangers, and as to transacting business including insurance affairs, in so far as these objects are not already provided for by Article III of this Constitution. In Bavaria, however, the domicile and settlement affairs, and likewise the affairs of colonisation and emigration to foreign countries are herefrom excluded; 2. The customs and commercial legislation, and the taxes which are to be applied to the requirements of the Empire; 3. The regulation of the system of the coinage, weights, and measures, likewise the establishment of the principles for the issue of funded and unfunded paper money; 4. The general regulations as to banking; 6. The protection of intellectual property; 7. The organisation of the common protection of German commerce in foreign countries, of German vessels and their flags at sea, and the arrangement of a common Consular representation, which is to be salaried by the Empire; 8. Railway affairs,-excepting in Bavaria the arrangements in Article XLVI,-and the construction of land and water communications for the defence of the country and for the general intercourse; [German Constitution.] 9. The rafting and navigation affairs on waterways belonging in common to several of the States, and the condition of the waterways, and likewise the river or other water dues; 10. Postal and telegraph affairs; in Bavaria and Wurtemberg, however, only with reference to the provisions of Article LII; 11. Regulations as to the reciprocal execution of judgments in civil affairs and the settlement of requisitions in general; 12. Likewise as to the verification of public documents; 13. The general legislation as to obligatory rights, penal law, commercial and bill-of-exchange laws, and judicial procedure; 14. The military and naval affairs of the Empire; 15. The measures of medicinal and veterinary police; 16. The regulations for the press and for union societies. ART. V. The Legislation of the Empire is carried on by the council of the Confederation and the Imperial Diet. The accordance of the majority of votes in both Assemblies is necessary and sufficient for a law of the Empire. In projects of law on military affairs, on naval affairs, and on the taxes mentioned in Article XXXV, the President has the casting vote in cases where there is a difference of opinion, if his vote is in favour of the maintenance of the existing arrangements. III. Council of the Confederation. Committee for Foreign Affairs. ART. VI. The Council of the Confederation consists of the Representatives of the Members of the Confederation, amongst which the votes are divided in such a manner that Prussia has, with the former votes of Hanover, Electoral Hesse, Holstein, Nassau, and Frankfort, |