IV. DECREES BASED UPON THE RESOLUTIONS OF

CARLSBAD.

From P. A. G. von Meyer, Corpus Juris Confæderationis Germanicæ, 2nd edition, II, 138 ff.

The extreme phase in the spirit of reaction was reached in Germany when the laws here given were enacted by the Diet. Using the murder of Kotzebue as a pretense, 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 with a communication on the part of Austria, urgently advocating their ratification. In spite of the much exaggerated danger and of great pressure the approval of all the plenipotentiaries was scarcely obtained even formally, and a number signed a protest against the proceedings, which was, however, kept secret.

PROVISIONAL DECREE RELATING ΤΟ THE UNIVERSITIES,

MOUSLY ADOPTED SEPTEMBER 20, 1819.

UNANI

Decreed that, with a view to the fundamental improvement of the whole system of schools and universities a series of provisional measures shall, pending further deliberations of the Diet, be adopted without delay, for remedying the defects of the same. For this purpose the draft in question shall be adopted. This law of the Confederation shall, in accordance with its provisions, go into force immediately in all the states of the Union.

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

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, they shall devote unceasing attention to everything that may promote morality, good order and outward propriety among the students.

The relation of these special agents to the Senate of the university, as well as all details relating to the extent of their duties and to their manner of action, shall be included in the instructions furnished by the

superior government officials. These instructions shall be as precise as the circumstances which have dictated the appointment of the agents in question shall permit.

§ 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 oftheir 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 obstacle whatever shall prevent the execution of this provision so long as it shall remain in force and until such time as this matter shall be definitely regulated, Removals of this character shall however, never be made except upon the recommendation, accompanied with full reasons, of the aforesaid special agent of the government at the university or in view of a report previously required from him.

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 against secret and unauthorized societies in the universities, shall be strictly enforced. These laws apply especially to that association established some years since under the name Universal Students' Union (Allegmeine 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, after the publication of the present decree, 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 by a decision of the University Senate, which was 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. Nor, in general, shall any student be admitted to another university without a satisfactory certificate of his good conduct at the university he has left.

1. So long as this decree shall remain in force no publication 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 approval of the state officials.

Writings which do not belong to one of the above-mentioned classes shall be treated according to the laws now in force or which may be enacted in the individual states of the Union. If such publications shall, however, give rise to a complaint upon the part of any state of the Union, proceedings against the author or publisher of the obnoxious publication shall be conducted in the name of the government to which the complaint was directed and with the forms prevailing in the several states of the Union.

§ 2. The details of means and provisions necessary for the enforcement of this decree shall be left to the several governments. These must, however, be of such a character as fully to carry out the purpose and aim of the main provisions of Section 1.

§ 3. Since the present decree has been called forth by the necessity which is recognized under the existing circumstances by the confederated governments, of preventitive measures against the abuse of the press, the existing laws aiming at the judicial prosecution and punishment of offences actually committed in the way of publication, shall uot, so long as this decree remains in force, be deemed sufficient in any state of the Union, in so far as their provisions relate to the classes of publication mentioned in Section 1.

§ 4. Each state of the Union is responsible not only to the state against which the offence is directly committed, but to the whole Confederation for every publication appearing under its supervision (and consequently for all publications included in Section 1) in which the honor or security of other states is infringed or their constitution or administration attacked.

§ 5.2

'The enacting clause, similar to that given at the beginning of the preceding decree is omitted here as well as in the succeeding decree.

2Section 5 and the opening of Section 6 provide for an amicable adjustment between the states of grievances in the matter of publications. Where this fails recourse may be had to the Diet, which, if it thinks best, may suppress the offending publications.

§ 6. The Diet shall have the right, moreover, to suppress on its own authority, without being petitioned, such writings included in Section 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. The writers, publishers and dealers in publications included in Section 1 shall be free from all further responsibility if they have complied with the requirements of this decree. The decisions of the Diet provided for in Section 6 shall be directed exclusively against publications, never against persons. § 8, 9.1

§ 10. The present provisional decree shall remain in force during a period of five years from this day. Before the expiration of this period the Diet shall take into careful consideration in what manner measures may best be taken for establishing the uniform regulations mentioned in Article 18 of the Act of Confederation in regard to the freedom of the press, and thus secure a permanent law fixing the proper limits of the freedom of the press in Germany.

ESTABLISHMENT OF AN INVESTIGATING COMMITTEE AT MAINZ.

ARTICLE 1. Within a fortnight, reckoned from the passage of this decree, there shall convene, under the auspices of the Confederation, in the city and federal fortress of Mainz, an Extraordinary Commission of Investigation to consist of seven members including the chairman.

ARTICLE II. 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 internal peace both of the Union and of the individual states: of the

1 Section 8 provides that the States shall inform the Diet of the measures they have taken. Section 9 orders that all publications shall indicate the name of the publisher and that newspapers and periodicals must give the name of the editor as well.

existence of which plots more or less clear evidence is to be had already, or may be produced in the course of the investigation.

ARTICLE III. The Diet shall choose in the General Assembly, by the vote of a simple majority, the seven members of the Union, which shall in turn appoint the members of the Central Commission of Investigation. The seven commissioners appointed by the members of the Union shall, upon coming together, elect their chairman from their own number.

ARTICLE IV. Only state officials may be appointed members of the Central Commission of Investigation who hold or have held a judicial office in the state which appoints them, or who have already undertaken important investigations. Each commissioner shall have a secretary named by his government in his commission. These secretaries shall as a body form the personnel of the secretariate.

The chairman shall apportion the business to be done among the individual members. Resolutions shall be adopted by vote of the majority, after a preliminary report.

ARTICLE V. In order to attain their end the Central Commission of Investigation shall assume the direction of local investigations, which have been undertaken, or may in the future be begun in the various states of the Union.

Local authorities which have heretofore conducted such investigations or who may hereafter conduct them, shall be ordered by their governments to forward to the Central Commission of Investigation as soon as possible, either in the original or in copies, reports of proceedings which have taken place under their direction. They shall further be ordered to carry out promptly and fully all instructions which they shall receive from the said Federal Commission, and to proceed with the necessary investigations with the greatest possible thoroughness and expedition, causing those accused to be arrested.

The local authorities shall promptly follow up new clues which may lead to discoveries, without any preliminary order from the Central Investigating Commission. They shall however immediately acquaint the latter with the facts.

The local authorities shall be ordered by the higher state officials to maintain constant communication with the Central Federal Commission and among themselves, mutually supporting each other in accord ance with Article II of the Act of Confederation.