University of Virginia Library

OF ANCIENT & MODERN CONFEDERACIES.[105]

In this confederacy the number of votes allotted to each
member was proportioned to its pecuniary contributions. The
Judges and Town magistrates were elected by the general
authority in like proportion.

See Montesquieu[106] who prefers this mode.

The name of a federal republic may be refused to Lycia
which Montesquieu cites as an example in which the importance
of the members determined the proportion of their votes in the
general Councils. The Gryson[107] League is a juster example.
Code de l'Hum.[108] Confederation.

Lyciorum quoque ανομιαν celebrat Strabo: de quâ pauca
libet heic subjungere, Fuêre eorum urbes XXIII, distinctæ in
classes tres pro modo virium. In primâ. classe censebantur
maximse sex, in alterâ mediæ, numero nobis incerto, in tertiâ
reliquæ omnes, quarum fortuna minima. Et singulæ quidem
urbes hæ domi res suas curabant, magistratus suos, ordinemque
civilem suum habebant: universæ tamen in unum coëuntes unam
communem rempublicam constituebant, concilioque utebantur
uno, velut, senatu majore. In eo de bello, de pace, de fœderibus,
denique de rerum Lyciacaruma summâ deliberabant et statuebant.
Coibant vero in concilium hoc ex singulis urbibus missi

cum potestate ferendi suffragii: utebanturque eâ in re jure
æquissimo. Nam quælibet urbs primæ classis habebat jus suffragiorum
trium, secundæ duorum, tertiæ unius. Eademque proportione
tributa quoque conferebant, et munia alia obibant.
Quemadmodum enim ratio ipsa dictat, et poscit æquitas, ut
plura qui possident, et cæteris ditiores sunt, plura etiam in
usus communes, et reipublicæ subsidia conferant, sic quoque
eadem æquitatits regula postulat, ut in statuendo de re communi
iidem illi plus aliis possint: præsertim cum eorundem magis
intersit rempublicam esse salvam quam tenuiorum. Locum
concilii hujus non habebant fixum & certum, sed, ex omnibus
urbem deligebant, quæ videbatur pro tempore commodissima.
Concilio coacto primum designabant Lyciarcham principem
totius Reipublicæ, dein magistratus alios creabant partes reipublicæ
administraturos demum judicia publica constituebant.
Atque hæc omnia faciebant servatâ proportione eâdem, ut nulla
omnino urbs præteriretur munerumve aut honorum horum non
fieret particeps. Et hoc jus illibatum mansit Lyciis ad id usque
tempus, quo Romani assumpto Asiæ imperio magnâ ex parte sui
arbitrii id fecerunt.,—Ubbo Emmius de Republica Lyciorum in
Asia. [Apud Grovonii Thes., iv, 597.][109]

Amphyctionic Confederacy

Instituted by Amphyction son of Deucalion King of Athens
1522 years Ant.: Christ.: Code De l'Humanitè".

Seated first at Thermopylæ, then at Delphos, afterwards at
these places alternately. It met half yearly to wit in the Spring
& Fall, besides extraordinary occasions. Id. In the latter
meetings, all such of the Greeks as happened to be at Delphos
on a religious errand were admitted to deliberate, but not to
vote. Encyclopedie.[110]

The number and names of the confederated Cities differently
reported. The Union seems to have consisted originally of the
Delphians and their neighbors only, and by degrees to have
comprehended all Greece. 10, 11, 12, are the different numbers
of original members mentioned by different Authors. Code de
l'Humanité.

Each city sent two deputies one to attend particularly to
Religious matters—the other to civil and criminal matters
affecting individuals—both to decide on matters of a general
nature. Id. Sometimes more than two were sent, but they
had two votes only. Encyclop.

The Amphyctions took an oath mutually to defend and protect
the united Cities—to inflict vengeance on those who should sacrilegiously
despoil the temple of Delphos—to punish the violators
of this oath—and never to divert the water courses of any of the
Amphyctionic Cities either in peace or in war. Code de 1'Hum.
Æschines orat: vs. Ctesip.

The Amphyctionic Council was instituted by way of defence
and terror agst. the Barbarians. Dictre. de Treviux.

Foedral Authority.

The Amphyctions had full power to propose and resolve whatever
they judged useful to Greece. Encycop Pol. Œcon.

1.

• They judged in the last resort all differences between the
  Amphyctionic cities. Code de 1'Hum.

2.

• mulcted the aggressors. Id.

3.

• employed whole force of Greece agst. such as refused to
  execute its decrees. Id. & Plutarch, Cimon.

4.

• guarded the immense Riches of the Temple of Delphos, and
  decided controversies between the inhabitants and those who
  came to consult the Oracle. Encyclop.

5.

• superintended the Pythian games. Code de 1'Hum.

6.

• exercised right of admitting new members. See decree
  admitting Philip, in Demosthenes on Crown.

7.

• Appointed General of the federal troops with full powers to
  carry their decrees into execution. Ibid.

8.

• Declared & carried on war. Code de 1'Human.

Strabo says that the Council of the Amphyctions was dissolved
in the time of Augustus; but Pausanias, who lived in the time of
Antoninus Pius says it remained entire then, and that the number
of Amphyctions was thirty. Potter's Gre. Ant: Vol. 1, p. 90.[111]

The institution declined on the admission of Phil and in the
time of the Roman Emperors, the functions of the Council were
reduced to the administration & police of the Temple. This
limited authority expired only with the Pagan Religion. Code de
1'Human.

Vices of the Constitution.

It happened but too often that the Deputies of the strongest
Cities awed and corrupted those of the weaker, and that Judgment
went in favor of the most powerful party. Id. see also
Plutarch's Themistocles.

Greece was the victim of Philip. If her Confederation had
been stricter, & been persevered in, she would never have yielded
to Macedon, and might have proved a Barrier to the vast projects
of Rome. Code de 1'Hum.

Philip had two votes in the Council. Rawleigh Hist: World,
lib. 4, c. 1, Sec. 7

The execution of the Amphyctionic powers was very different
from the Theory. Id.—It did not restrain the parties from warring
agst. each other. Athens & Sparta were members during
their conflicts. Quer. whether Thucidides or Xenophon in their
Histories ever allude to the Amphyctionic authority which ought
to have kept the peace?

See Gillies' Hist. Greece, particularly Vol. II. p. 345.
Achæan Confederacy

In 124 olympd. the Patrians & Dymæans joined first in this
league. Polyb. lib. 2, c. 3.[112]

This League consisted at first of three small Cities. Aratus
added Sicyon, and drew in many other Cities of Achaia &
Peloponnesus. Of these he formed a Republic of a peculiar sort.
Code de 1'Human.

It consisted of twelve cities, and was produced by the necessity
of such a defence agst the Etolians. Encyclo. Pol. Œ. & Polyb.
lib. 2.

The members enjoyed a perfect equality, each of them sending
the number of deputies to the Senate. Id.

The Senate assembled in the Spring & Fall, and was also convened
on extraordinary occasions by two Pretors charged with
the administration during the recess, but who could execute
nothing witht. the consent of the Inspectors. Id.
Fœderal Authority

1.

• The Senate composed of the deputies made war & peace.
  D'Albon I page 270

2.

• Appointed a Captain General annually. Co. d'Hum.

3.

• Transferred the power of deciding to ten Citizens taken
  from the deputies, the rest retaining a right of consultation only.
  Id.

4.

• Sent and received Ambassadors. D'Albon. Ibid.

5.

• appointed a prime Minister. D'Albon. Ibid.

6.

• Contracted foreign Alliances. Code de 1'Hum.

7.

• Confederated Cities in a manner forced to receive the same
  laws & customs weights & measures: Id. & Polyb. lib. 2 cap. 3,
  yet considered as having each their independent police & Magistrates.
  Encyclop. Pol. Œcon.

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374





8.

• Penes hoc concilium erat summum rerum arbitrium, ex cujus
  decreto bella suscipiebantur, & finiebantur, pax conveniebat, fœdera
  feriebantur & solvebantur, leges fiebant ratæ aut irritœ. Hujus
  etiam erat Magistrates toti Societati communes eligere, legationes
  decernere &c. Regebant concilium prsetor præcipue, si præns
  esset, et magistrates alii, quos Achæi δημιουργους nuncupabant.
  Ubbo Emmius.

Hi numero X erant suffragiis legitimi concilii, quod verno tempore
habebatur, electi ex universa societate prudentia præcipui,
quorum concilio potissimum prætor ex lege utebatur. Horum
potestas & dignitas maxima erat post ipsum Prætorem, quos
idcirco Livius, Polybium sequens, summum Achæorum magistratum
appellabat. Cum his igitur de negociis gravioribus in concilio
agitandis Prsetor præconsultabat, nec de iis, nisi in id pars major
consentiret, licebat ad consilium referre. Id.

Ista vero imprimis memorabilis lex est, vinculum societatis
Achaicæ maximè stringens, et concordiam muniens, quâ interdictum
fuit, ne cui civitati Societatis hujus participi fas esset,
seorsiin ad exteros ullos mittere legatos, non ad Romanos, non
ad alios. Et hoc expressim inserta fuit pactis conventis Achæorum
cum populo Romano. . . . Omnium autem laudatissima
lex apud eos viguit &c., quâ vetitum, ne quis omnino,
sive privatæ conditionis, sen magistratum gerens, ullam ob causam,
quaecunque etiam sit, dona a Rege aliquo caperet.[113] Id.

Vices of the Constitution.

The defect of subjection in the members to the general authority
ruined the whole Body. The Romans seduced the members
from the League by representing that it violated their sovereignty.
Code de l'Human.

After the death of Alexander, this Union was dissolved by
various dissentions, raised chiefly thro' the acts of the Kings of
Macedon. Every City was now engaged in a separate interest
& no longer acted in concert. Polyb. lib. 2, cap, 3. After in 142
Olympd, they saw their error & began to think of returning to their
former State. This was the time when Pyrhus invaded Italy. Ibid.

Helvetic Confederacy.

Commenced in 1308 by the temporary, and in 1315 by the
perpetual Union of Uri, Switz & Underwald, for the defence
of their liberties agst. the invasions of the House of Austria. In
1315 the Confederacy included 8 Cantons, and 1513 the number of
13 was compleated by the accession of Appenzel. Code del'Hum.

The General Diet representing the United Cantons is composed
of two deputies from each. Some of their allies as the Abbi St.
Gall &c., are allowed by long usage to attend by their deputies. Id.

All general Diets are held at such time & place as Zurich,
which is first in rank & the depository of the common archives,
shall name in a circular summons. But the occasion of annual
conferences for the administration of their dependent bailages
has fixed the same time, to wit the feast of St. John, for the General
Diet. And the city of Frauenfeld in Turgovia is now the
place of Meeting. Formerly it was the City of Baden. Id.

The Diet is opened by a Complimentary Address of the first
Deputy of each Canton by turns, called the Helvetic salutation.
It consists in a congratulatory review of circumstances & events
favorable to their common interest—and exhortations to Union
and patriotism.

The deputies of the first canton Zurich propose the matters to
be discussed. Questions are decided by plurality of voices. In
case of division, the Bailiff of Turgovia has the casting one. The
Session of the Diet continues about a month. Id.

After the objects of universal concern are despatched, such
of the deputies whose Constituents have no share in the dependent
bailages, withdraw, and the Diet then becomes a representation
of the Cantons to whom these bailages belong, and proceeds
to the consideration of the business relating thereto. Id.

Extraordinary Diets for incidental business or giving audience
to foreign ministers may be called at any time by any one of the
Cantons or by any foreign minister who will defray the expense
of meeting. Seldom a year without an extraordinary Diet.
Stanyan's Switzerland

There is an annual Diet of 12 Cantons by one deputy from
each for the affairs of the Ultramontane bailages. Code de
I'Human.

Particular Cantons also have their diets for their particular
affairs, the time & place for whose meeting are settled by their
particular Treaties.

All public affairs are now treated not in Genl. Diet, but in the
particular Assemblies of Protestant & Catholic Cantons. D'Albon.
Foederal Authority

The title of Republic and Sovereign State improperly given
to this Confederacy, which has no concentered authority the Diets
being only a Congress of Delegates from some or all of the Cantons,
and having no fixt objects that are national. Dictionaire
de Suisse.

The 13 Cantons do not make one Commonwealth like the
United Provinces, but are so many independent Com̃onwealths
in strict alliance. There is not so much as any common instrument
by which they are all reciprocally bound together; The 3
primitive Cantons alone being each directly allied to the other
twelve. The others in many instances are connected[114] indirectly only, as allies of allies. In this mode any one Canton may draw

in all the others to make a common cause in its defence. Stanyan.

The confederacy has no common Treasury—no common
troops—no common Coin—no common Judicatory — nor any
other common mark of sovereignty. Id.

The General Diet cannot terminate any interesting affair without
special instructions, & powers, & the deputies accordingly
take most matters proposed ad referendum. Code de 1'Hum.

The Cantons individually exercise the right of sending & receiving
ambassadors—making Treaties—coining money — proscribing
the money of one another—prohibiting the importation
and exportation of merchandise—furnishing troops to foreign
States, and doing everything else which does not wound the liberty
of any other Canton. Excepting a few cases specified in the
Alliances and which directly concern the object of the league,
no Canton is subject to the Resolutions of the plurality. Id.

The only establishment truly national is that of a federal army,
as regulated in 1668, and which is no more than an eventual plan
of defence adopted among so many allied States. Id.

1.

• The League consists in a perpetual defensive engagement
  agst. external attacks and internal troubles. It may be regarded
  as an axiom in the public Law of the confederacy, that the federal
  engagements are precedent to all other political engagements of
  the Cantons. Id.

2.

• Another axiom is that there are no particular or common
  possessions of the Cantons for the defence of which the others are
  not bound as Guarantees or auxiliaries of Guarantees. Id.

3.

• All disputes are to be submitted to Neutral Cantons, who
  may employ force if necessary in execution of their decrees. Id.
  Each party to choose 4 Judges who may in case of disagreement
  chuse umpire, and these under oath of impartiality to
  pronounce definitive sentence, which all Cantons to enforce.—
  D'Albon. & Stan.

4.

• No Canton ought to form new alliances without the consent
  of the others [this was stipulated in consequence of an improper
  alliance in 1442 by Zurich with the House of Austria.] Id.

5.

• It is an essential Object'of the league to preserve interior
  tranquillity by the reciprocal protection of the form of Governmt
  established in each Canton, so that each is armed with the force
  

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  378

  
  
  
  of the whole Corps for the suppression of rebellions & Revolts,
  and the History of Switzerland affords frequent instances of
  mutual succors for these purposes. Dictre. de Suisse.

6.

• The Cantons are bound not to give shelter to fugitives from
  Justice, in consequence of which each Canton can at this day
  banish malefactors from all the territories of the League. Id.

7.

• Tho' each Canton may prohibit the exportation & importation
  of merchandize, it must allow it to pass thro' from one neighboring
  Canton to another without any augmentation of the tolls.
  Code de 1'Hum.

8.

• In claiming succors agst. foreign powers, the 8 Elder Cantons
  have a more extensive right than the 5 Junior ones. The former
  may demand them of one another without explaining the motives
  of the quarrel. The latter cannot intermeddle but as mediators
  or auxiliaries; nor can they commence hostilities without the
  sanction of the Confederates; and if cited by their adversaries,
  cannot refuse to accept the other Cantons for arbiters or Judges.
  Dictre. de Suisse.

9.

• In general each Canton is to pay its own forces without
  compensation from the whole or the succoured party. But in
  case a siege is to be formed for the benefit of a particular Canton,
  this is to defray the expence of it, and if for the common benefit,
  each is to pay its just proportion. D'Albon. On no pretext is a
  Canton to be forced to march its troops out of the limits of
  Switzerland. Stanyan.

10.

• Foreign Ministers from different Nations reside in different
  Cantons. Such of them as have letters of credence for the whole
  Confederacy address them to Zurich the chief Canton. The Ambassador
  of France, who has most to do with the Confederacy is
  complimented at his Quarters by deputies from the whole body.

Vices of the Constitution

1.

• disparity in size of Cantons

2.

• different principles of Governmt. in difft. Cantons

3.

• intolerance in Religion

4.

• weakness of the Union. The com̃on bailages wch. served as
  a cement, sometimes become occasions of quarrels. Dictre. de
  Suisse.

In a treaty in 1683 with Victor Amadœus of Savoy, it is stipulated

that he shall interpose as Mediator in disputes between the
Cantons, and if necessary use force agst. the party refusing to submit
to the sentence. Dictre. de Suisse.—a striking proof of the
want of authority in the whole over its parts.

Belgic Confederacy

established in 1679 by the Treaty called the Union of Utrecht.
Code de 1'Humanitè.

The provinces came into this Union slowly. Guelderland the
smallest of them made many difficulties. Even some of the Cities
& towns pretended to annex conditions to their acceding. Id.

When the Union was originally established a committee composed
of deputies from each province was appointed to regulate
affairs, and to convoke the provinces according to art. XIX of the
Treaty. Out of this Committee grew the States General Id.—
who strictly speaking are only the Representatives of the States
General who amount to 800 members. Temple, p. 112.[115]

The number of Deputies to the States General from each province
not limited, but have only a single voice. They amount
commonly, all together to 40 or 50. They hold their seats, some
for life, some for 6 3 & 1 years, & those of Groninguen &
Overyssel during pleasure. They are paid, but very moderately,
by their respective constituents, and are amenable to their Tribunals
only. Code de 1'Hum. No military man is deputable to
the States Genl Id.

Ambassrs. of Republic have session & deliberation but no suffrage
in States Genl. Id. The grand pensioner of Holland as
ordinary deputy from Holland, attends always in the States Genl,
& makes the propositions of that Province to States Gl. Id.

They sit constantly at the Hague since 1593, and every day in
the week except Saturday & Sunday. The States of Holland in
granting this residence, reserve by way of protestation, the
rights, the honors & prerogatives belonging to them as sovereigns
of the Province; yielding the States Genl. only a rank in certain
public ceremonies. Id.

The eldest deputy from each province presides for a week by
turns. The president receives letters &c. from the Ministers of
the Republic at foreign Courts, and of foreign Ministers residing

at the Hague, as well as of all petitions presented to the Assembly;
all which he causes to be read by the Secretary. Id.

The Secretary besides correcting & recording the Resolutions
prepares & despatches instructions to Ministers abroad—& letters
to foreign powers. He assists also at conferences held with
foreign Ministers & there gives his voice. He has a deputy when
there is not a second Secretary. The Agent of the States Genl. is
charged with the Archives and is also employed on occasions of
receiving foreign Ministers or sending Messages to them. Id.

Federal Authority.

The avowed objects of the Treaty of Union, 1. to fortify the
Union—2. to repel the common enemy. Id

The Union is to be perpetual in the same manner as if the
Confederates formed one province only, without prejudice however
to the privileges & rights of each province & City. Id.

Differences between provinces & between Cities are to be settled
by the ordinary Judges—by arbitration—by amicable agreement,
without the interference of other provinces otherwise than
by way of accommodation. The Stadtholder is to decide such
differences in the last resort. Id.

No change to be made in the articles of Union, without unanimous
consent of the parties & everything done contrary to them
to be null & void. Id

States General, 1.

• execute, without consulting their constituents,
  treaties & alliances already formed. Id.

2.

• take oaths from Generals & Governrs, and appoint Field
  Deputies

3.

• The collection of duties on imports & exports and the expedition
  of Safe Conducts are in their name & by their officers. Id.

4.

• they superintend & examine accounts of the E. India Company.
  Id

5.

• inspect the Mint—appoint les Maitres de la Monnoye—fix la
  taille & la valeur of the Coin, having always regard to the regular
  rights of the provinces within their own Territories. Id.

6.

• Appoint a Treasurer General & Receiver General of the
  Quotas furnished by the Provinces. Id.

7.

• elect out of a double nomination, the fiscal & other officers
  within the departments of the admiralties, except that the High
  

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  381

  
  
  
  officers of the fleet are appointed by the Admiral General, to
  whom the maritime provinces have ceded this right. Id.—The
  Navy supported by duties on foreign trade, appropriated
  thereto by the maritime provinces, for the benefit of the whole
  Republic. Id.

8.

• They govern as sovereigns, the dependent territories, according
  to the several capitulations. Id.

9.

• they form Committees of their own body of a member from
  each deputation, for foreign affairs—finances marine—& other
  matters. At all these conferences the Grand Pensioner of Holland
  & the Secretary of the States Genl. attend and have a
  deciding voice. Id.

10.

• Appt. & receive Ambassrs—negociate wth. foreign powers—
  deliberate on war—peace—alliances — the raising forces — care of
  fortifications—military affairs to a certain degree—the equipment
  of fleets—building of ships—directions concerning money. Id.
  But they can neither make peace—nor war—nor truces — nor
  treaties—nor raise troops—nor impose taxes, nor do other acts
  requiring unanimity without consulting & obtaining the sanction
  of the Provinces. Id. Coining money also requires unanimity &
  express sanction of provinces. Temple, repealing an old law
  on same footing. Burrish. Batav. illustrata. In points not enumerated
  in this article plurality of voices decides. Code de
  1'Hum.

11.

• composition & publication of edicts & proclamations relative
  both to the objects expressed in the articles of Union and to
  the measures taken for the comon good, are in the name of the
  States, and altho' they are addressed to the States of the Provinces
  who announce them with their sanction, still it is in the
  name of the States Genl that obedience is required of all the
  inhabitants of the provinces. Code de 1'Hum.

The Provinces have reserved to themselves

1.

• their sovereignty within their own limits in general. Code
  de 1'Hum.

2.

• the right of coining money, as essential to Sovereignty, but
  agreed at the same time that the money which sd. be current
  throughout the Republic sd. have the same intrinsic value: To
  give effect to which regulation a mint is established at the Hague
  

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  382

  
  
  
  under a chamber which has the inspection of all money
  struck either in name of States Genl or particular provinces, as
  also of foreign coin. Id.—Coining money not in provinces or
  Cities, but in the generality of Union by com̃on agreement.
  Temple.

3.

• Every province raises what money & by what means it
  pleases, and sends its quota to Receiver General Temple.

  The quotas were not settled without great difficulty. Id.

4.

• the naming to Goverts. of Towns within themselves—keeping
  keys & giving word to Magistrates—a power over troops in all
  things not military—conferring Cols. Coissions & inferior posts
  in such Regiments as are paid by the provinces respectively
  —taking oath of fidelity—concerning a revocation of all which
  the States Genl. are not permitted to deliberate. Id.

The Provinces are restricted

1.

• from entering into any foreign Treaties without consent of
  the rest. Code de Hum.

2.

• from establishing imposts prejudicial to others without general
  consent. Id.

3.

• from charging their neighbours with higher duties than their
  own subjects. Id.

Council of State.—composed of deputies from the provinces in
different proportions. 3 of them are for life, the rest generally
for 3 years: they vote per capita. Temple.

They are subordinate to the States General, who frequently
however consult with them. In matters of war which require
secrecy they act of themselves. Military & fiscal matters are the
objects of their administration. They vote

They execute the resolutions of the States Genl., propose requisitions
of men & money & superintend the fortifications &c., &
the affairs of revenues & Govts., of the conquered possessions.
Temple.

Chamber of Accounts, was erected for the ease of the Council
of State. It is subordinate to the States Genl. is composed of two
deputies from each province, who are changed triennially. They
examine and state all accts of the several Receivers—controul and
register orders of Council of State disposing of the finances. Id.

College of Admiralty established by the States Genl 1597 is

subdivided into five of wcch. three are in Holland—one in Zealand
—one in Friezland, each composed of 7 deputies, 4 appd. by the
province where the admiralty resides & 3 by the other provinces.
The vice-Admiral presides in all of them when he is present.
Temple.

They take final cognizance of all crimes & prizes at sea;—
—of all frauds in customs provide quota of
fleets resolved on by States Genl. appt. Capts. & superior officers of
each squadron take final cognizance also of Civil matters within
600 florins—an appeal lying to States Genl for matters beyond
that sum. Code de l'Hum. & Temple.

The authority of States Genl. in Admiralty Depmartt. is much
limited by the influence & privileges of maritime provinces, & the
jurisdiction herein is full of confusion & contradiction. Code de
I'humanité.

Stadtholder who is now hereditary in his political capacity is authorized
1. to settle differences between provinces, provisionally
till other methods can be agreed on, which having never been this
prerogative may be deemed a permanent one. Code de 1'Hum.

2.

• Assists at deliberations of States Genl & their particular
  conferences, recommends & influences appointmt. of Ambassadors.
  Id.

3.

• has seat & suffrage in Council of State. Id.

4.

• presiding in the provincial Courts of Justice where his name
  is prefixed to all public acts. Id.

5

• supreme Curator of most of the Universities.
  Id.

6.

• As Stadtholder of the provinces has considerable rights partaking
  of the sovereignty, as appointing town magistrates on presentation
  made to him of a certain number. Executing provincial
  decrees &c Id. & Mably, Etud. de 1'hist.

7.

• gives audiences to Ambassadors & may have Agents with
  their Sovereigns for his private affairs. Mab. Ibid[116]

8.

• exercises power of pardon. Temple.

In his Military capacity as Capt. Genl.

1.

• commands forces—directs marches—provides for garrisons —
  & in general regulates military affairs. Code de 1'Hum.

2.

• disposes of all appointmts.?, from Ensigns to Cols. The
  

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  384

  
  
  
  Council of State havg surrendered to him the appointmts. within
  their disposal Id. & the States Genl. appt. the higher grades on
  his recom̃endation. Id

3.

• disposes of the Govts. &c. of the fortified towns tho' the
  com̃missions issue from the States Genl. Id.

In his Marine capacity as Admiral General 1. superintends
& directs everything relative to naval forces & other affairs within
Admiralty. Id

2

• presides in the Admiralties in person or by proxy. Id

3

• Appoints Lieuts.. Admirals & officers under them. Id.

4.

• establishes Councils of war, whose sentences are in the
  name of the States Genl. & his Highness and are not executed till
  he approves. Id.

The Stadtholder has a general & secret influence on the great
machine which cannot be defined. Id.

His Revenue from appointmts. amount to 300,000 florins, to
which is to be added his extensive patrimonies. Id.

The standing army of the Republic, 40,000 men.

Vices of the Constitution

The Union of Utrecht imports an authority in the States Genl.
seemingly sufficient to secure harmony; but the Jealousy in each
province of its sovereignty renders the practice very different
from the Theory. Code de l'Hum.

It is clear that the delay occasioned by recurring to seven independent
provinces including about 52 voting Cities &c. is a vice
in the Belgic Republic which exposes it to the most fatal inconveniences.
Accordingly the fathers of their country have endeavored
to remedy it in the extraordinary Assemblies of the
States Genl. in (1584) in 1651, 1716, 1717, but unhappily without
effect. This vice is notwithstanding deplorable. Id.—Among
other evils it gives foreign ministers the means of arresting the
most important deliberations by gaining a single province or city.
This was done by France in 1726, when the Treaty of Hanover
was delayed a whole year. In 1688 the States concluded a Treaty
of themselves but at the risk of their heads. Id. It is the practice
also in matters of contribution or subsidy to pass over this article
of the Union, for where delay wd. be dangerous the consenting
provinces furnish their quotas without waiting for the others, but

by such means the Union is weakened and if often repeated must
be dissolved—Id.

Foreign Ministers elude matters taken ad referendum by tampering
with the provinces & Cities. Temple p. 116.

Treaty of Union obliges each Province to levy certain contributions.
But this article never could probably never will be
executed because the inland provinces who have little commerce
cannot pay an equal Quota. Burrish, Bat. illustrat:

Deputations from agreeing to disagreeing provinces frequent.
Temple.

It is certain that so many independent Corps & interests could
not be kept together without such a center of Union as the Stadtholdership,
as has been allowed & repeated in so many solemn
Acts. Code de Hum.

In the intermission of the Stadtholdership Holland by her
Riches & Authority which drew the others into a sort of dependence,
supplied the place. Temple.

With such a Governmt. the Union never cd. have subsisted, if
in effect the provinces had not within themselves a spring capable
of quick—ing their tardiness, and impelling them to the same way
of thinking. This Spring is the Stadtholder. His prerogatives are
immense—1, &c. &c.—A strange effect of human contradictions.
Men too jealous to confide their liberty to their representatives
who are their equals, abandoned it to a prince who might the
more easily abuse it as the affairs of the Republic were important
& had not them fixed themselves. Mably Etude d'Hist., 205. 6.

Grotius has sd. that the hatred of his countrymen agst. the H of
Austria kept them from being destroyed by the vices of their
Constitution. Ibid.

The difficulty of procuring unanimity has produced a breach of
fundamentals in several instances—Treaty of Westphalia was
concluded without consent of Zealand &c D'Albon & Temple
—These tend to alter the constitution D'Albon.

It appears by several articles of the Union that the confederates
had formed the design of establishing a Genl. tax, [Impôt,] to
be administered by the States Genl. But this design so proper
for bracing this happy Union has not been executed. Code de
1'Hum.

Germanic Confederacy—took its present form in the year—.
—Code de l'Hum.

The Diet is to be convoked by the Emperor, or on his failure,
by the Archbishop of Mentz, with consent of Electors once in
ten years at least from the last adjournment, and six months
before the time of meeting. Ratisbon is the seat of the Diet
since 1663.

The members amount to 285, and compose three Colleges, to
wit, that of the Electors—of Princes—of Imperial Cities. The
voices amount to 159, of which 153 are individual & 6 collective.
The latter are particular to the College of princes and are formed
out of 39 prelates &c. and 93 Counts &c. The individual voices
are common to the three Colleges, and are given by 9 Electors—
94 princes, 33 of the ecclesiastical & 61 of the secular Bench—&
50 Imperial Cities, 13 of the Rhenish, & 37 of the Suabian Bench.
The K. of Prussia has nine voices in as many different capacities.
Id

The three Colleges assemble in the same House but in different
apartments Id

The Emperor as head of the Germanic body is presidt. of the
Diet. He & others are represented by proxies at present. Id

The deliberations are groundd. on propositions from Emperor &
commerce in the College of Electors, from whence they pass to
that of the princes, & thence to that of the Imperial Cities. They
are not resolutions till they have been passed in each. When the
Electors & Princes cannot agree, they confer; but do not confer
with the Imperial Cities, plurality of voices decide in each College,
except in matters of Religion & a few reserved cases, in
which according to the Treaty of Westphalia, and the Imperial
Capitulations the Empire is divided into the Catholic & Evangelic
Corps. Id.

After the Resolutions have passed the three Colleges, they are
presented to the Representative of the Emperor, without whose
ratification they are null. Id they are called placita after passing
the three Colleges—conclusa after ratification by Emperor. Id.

The Collection of Acts of one Diet is called the Recess, which
cannot be made up & have the force of law, till the Close of the
Diet, the subsisting diet has not been closed for more than a

hundred years, of course it has furnished no effective Resolution,
though a great number of Interesting ones have passed. This
delay proceeds from the Imperial Court who refuse to grant a
Recess, notwithstanding the frequent and pressing applications
made for one. Id

Fœderal Authority.

The powers as well as the organization of the Diet have varied
at different times. Antiently it elected as a corps the Emperors
and judged of their Conduct. The Golden Bull gives this right
to the Electors alone. Antiently it regulated tolls—at present
the Electors alone do this. Id

The Treaty of Westphalia & the capitulations of the Emperors
from Charles V downwards, define the present powers of the Diet.
These concern—1. Legislation of the Empire—2. War & peace &
alliances—3. raising troops—4. contributions — 5 construction of
fortresses—6 Money—7 Ban of the Empire. 8 Admission of
new princes—9. the Supreme tribunals—10. disposition of Grand
fiefs & grand Charges—In all these points the Emperor & Diet
must concur. Id

The Ban of the Empire is a sort of proscription by which the
disturbers of the public peace are punished. The offenders life
& goods are at the mercy of every one, formerly the Emperors
themselves pronounced the ban agst. those who offended them. It
has been since regulated that no one shall be exposed to the Ban
without the examination & consent of the Diet. Encyclop.

By the Ban the party is outlawed, degraded from all his federal
rights—his subjects absolved from their allegiance—and his
possessions forfeited. Code de 1'Hum.

The Ban is incurred when the Emperor or one of the supreme
Tribunals address an order to any one, on pain in case of disobedience,
of being proscribed ipso facto. Id.

The Circles formerly were in number 6 only. There are now
ten. They were instituted for the more effectual preservation of
the public peace, and the execution of decrees of Diet & supreme
Tribunals against contumacious members, for which purposes
they have their particular diets, with the chief prince of the
Circle at their head, have particular officers for commanding the
forces of the Circle, levy contributions, see that Justice is duly

administered—that the coin is not debased—that the customs are
not unduly raised.—Savage vol. 2 p. 35.

If a Circle fail to send its due succours, it is to pay damages
suffered therefrom to its neighbours. If a member of the circle
refuse, the Col. of the Circle is to admonish, & if this be insufficient,
the delinquent party is to be compelled under a sentence
from the Imperial Chamber. Id.

Aulic Council [established by Diet in 1512. Encyclop.,] composed
of members appointed by the Emperor. Code de
1'Hum.

Its cognizance is restrained to matters above 2,000 Crowns; is
concurrent with the jurisdiction of the Imperial Chamber in controversies
between the States—also in those of subjects of the
Empire by way of appeal from subaltern Tribunals of the Empire,
and from sovereign tribunals of princes. Id.—Arms are to be
used for carrying its decrees into execution, as was done in 1718
by the troops of the Circle of upper Rhine in a controversy between
Landgrave of Hesse Cassel & Prince of Hesse of Rhinfitz.
Id.

Imperial Chamber, established in 1495 by the Diet as a means
of public peace, by deciding controversies between members of
the Empire. Code de l'Hum.

This is the first Tribunal of the Empire. It has an appellate
jurisdiction in all Civil, and fiscal causes or where the public
peace may be concerned. It has a concurrent jurisdiction with
the Aulic Council; and causes cannot be removed from one to
the other. Id.

The Judges of this Tribunal are appointed partly by the Emperor
—partly by Electors—partly by circles— are supported by
all the States of the Empire, excepting the Emperor. They are
badly paid, though great salaries are annexed to their offices. Id.
In every action, real or personal—The Diet—Imperial Chamber
and Aulic Council are so many supreme Courts to which none of
the States can demur. The jurisprudence, by which they govern
themselves, are according to the subject matter—1. the provincial
laws of Germany 2. the Scripture—3 the law of nature—4 law
of Nations—5 the Roman law—6 the canon law — 7 the fœdal
law of the Lombards. Id.

Members of Diet as such are subject in all public affairs to be
judged by Emperor & Diet,—as individuals in private capacity
are subject to Aulic Council & Imperial Chamber. Id.

The members have reserved to themselves the right 1. to enter
into war & peace with foreign powers 2 to enter into alliances
with foreign powers and with one another, not prejudicial to their
engagements to the Empire Code de 'Hum.—3 to make laws,
levy taxes, raise troops, to determine on life & death. Savage.
4 Coin money. Id. 5. exert territorial sovereignty within their
limits in their own name. Code de 1'Hum. 6. to grant pardons.
Savage, p. 44. 7. to furnish their quotas of troops, equipped
mounted & armed & to provide for sustenance of them, as if they
served at home. Code de 1'Hum.

Members of Empire restricted

1.

• from entering into Confederacies prejudicial to the Empire.

2.

• from laying tolls or customs upon bridges, rivers, or passages
  to which strangers are subject, without consent of the
  Emperor in full Diet.

3.

• cannot give any other value to money, nor make any other
  kind of money, than what is allowed by the Empire. Savage vol.
  2, p. 45.

4.

• (by edict of 1548, particularly) from taking arms one agst.
  another, from doing themselves justice—from affording retreat,
  much more, assistance to infractors of the public peace; the ban
  of the Empire being denounced agst. the transgressors of these
  prohibitions, besides a fine of 2000 marks of gold and loss of
  regalities.—Code d'Hum.

Emperor.—has the prerogative 1. of exclusively making
propositions to the Diet—2 presiding in all Assemblies & Tribunals
of the Empire when he chuses—3 of giving suffrage in
all affairs treated in the diet—4 of negativing their resolutions—
5 of issuing them in his own name—6 of watching over the safety
of the Empire—7 of naming Ambassadors to negociate within
the Empire as well as at foreign Courts—affairs concerning the
Germanic Corps. 8. of re-establishing in good fame persons dishonored
by Council of war & civil Tribunals. Code d'Hum.—
9 of giving investiture of the principal immediate fiefs of the
Empire, wch is not indeed of much consequence—10 of conferring

vacant electorates—11 of preventing subjects from being
withdrawn from the jurisdiction of their proper Judge—12. Of
conferring charges of the Empire. 13 of conferring dignities &
titles as of Kings &c.—14 of instituting military orders—15 of
granting the dernier resort—16. of judging differences & controversies
touching tolls—17. of deciding contests between Catholic
& Protestant States touching precedence &c.—Id.—18. of founding
Universities within the lands of the States, so far as to make
the person endowed with Academic honors therein be regarded
as such throughout Germany.—19 of granting all sorts of privileges
not injurious to the States of the Empire—20 of establishing
great fairs—21 of receiving the droit des Postes generales—
22 of striking money, but without augumenting or diminishing its
value. 23 of permitting strangers to enlist soldiers, conformably
to Recess of 1654. Id. 24. Of receiving and applying Revenues
of Empire.—Savage, p. . He cannot make war or peace, nor
laws, nor levy taxes nor alter the denomination of money nor
weights or measures.—Savage, v. 2, p. 35. The Emperor as such
does not properly possess any territory within the Empire, nor
derive any revenue for his support. Code de 'Hum.

Vices of the Constitution.

1.

• The Quotas are complained of & supplied very irregularly
  & defectively Code de 'Hum. provision is made by decree of
  diet for enforcing them, but it is a delicate matter to execute it
  agst. the powerful members. Id.

2.

• The establishmt. of Imperial Chamber has not been found an
  efficacious remedy agst. civil wars. It has committed faults. The
  Ressortissans have not always been docile. Id.

3.

• Altho' the establishmt. of Imperial Chambers &c give a more
  regular form to the police of the fiefs, it is not to be supposed
  they are capable of giving a certain force to the laws and maintaining
  the peace of the Empire if the House of Austria had not
  acquired power eno' to maintain itself on the imperial Throne,
  to make itself respected, to give orders which it might be
  imprudent to despise, as the laws were therefore despised. Mabley
  Etude d' hist, p. 180

[Jealousy of the Imperial authority seems to have been a great
cement of the Confederacy.]