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CARLSBAD DECREES (Karlsbader Beschlusse)

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Originally appearing in Volume V05, Page 348 of the 1911 Encyclopedia Britannica.
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CARLSBAD DECREES (Karlsbader Beschlusse) , the name usually given to a See also:series of resolutions (Beschliisse) passed by a See also:conference of the ministers and envoys of the more important See also:German states, held at Carlsbad from the 6th to the 31st of See also:August 1819. The occasion of the See also:meeting was the See also:desire of See also:Prince Metternich to take See also:advantage of the consternation caused by See also:recent revolutionary outrages (especially the See also:murder of the dramatist See also:Kotzebue by Karl See also:Sand) to persuade the German governments to combine in a See also:system for the suppression of the Liberal agitation in See also:Germany. The pretended urgency of the See also:case served as the excuse for only inviting to the conference those states whose ministers happened to be visiting Carlsbad at the See also:time. The conferences were, therefore, actually attended bythe representatives of See also:Austria, See also:Prussia, See also:Saxony, See also:Bavaria, See also:Wurttemberg, See also:Hanover, See also:Baden, See also:Nassau and See also:Mecklenburg; at the See also:fourth conference (August 9th) See also:Baron von Fritsch, See also:minister of See also:state for See also:Saxe-See also:Weimar, who " happened to be See also:present " at Carlsbad on that See also:day, attended by See also:special invitation. Prince Metternich presided over the conferences, and See also:Friedrich von See also:Gentz acted as secretary. The business to be discussed, as announced in Metternich's opening address, was twofold: (I) Matters of urger importance necessitating immediate See also:action; (2) Questions affecting the fundamental constitution of the German See also:Confederation, demanding more careful and prolonged discussion. To the first class belonged (a) the urgent See also:necessity for a See also:uniform system of See also:press regulation in Germany; (b) the most urgent See also:measures in regard to the supervision of See also:universities and See also:schools; (c) measures in view of the already discovered machinations of the See also:political parties. To the second class belonged (a) the more clear See also:definition of See also:article XIII. of the See also:Act of Confederation (i.e. state constitutions); (b) the creation of a permanent federal supreme See also:court; (c) the creation of a federal executive organization (Bundes-Executions Ordnung) armed with See also:power to make the decrees of the See also:diet and the judgments of the high court effective; (d) the facilitation of commercial intercourse within the See also:con-federation in accordance with article XIX. of the Act of Con-federation (Beilage A. zum ersten Protokoll, See also:Martens, iv. p. 74). These questions were debated in twenty-three formal conferences. On the issues raised by the first class there was See also:practical unanimity. All were agreed that the state of Germany demanded disciplinary measures, and as the result of the deliberations it was determined to See also:lay before the federal diet definite proposals for (1) a uniform press censorship over all periodical publications; (2) a system of " curators " to supervise the See also:education given in universities and schools, with disciplinary enactments against professors and teachers who should use their position for purposes of political propaganda; (3) the erection of a central See also:commission at See also:Mainz, armed with inquisitorial See also:powers, for the purpose of unmasking the widespread revolutionary See also:conspiracy, the existence of which was assumed.

On the questions raised under the second class there was more fundamental difference of See also:

opinion, and by far the greater See also:part of the time of the conference was occupied in discussing the burning question of the due See also:interpretation of article XIII. The controversy raged See also:round the distinction between " assemblies of estates," as laid down in the article, and " representative assemblies," such as had been already established in several German states. Gentz, in an elaborate memorandum (Nebenbeilage zum siebenten Protokoll, iv. p. 102), laid down that See also:representation by estates was the only system compatible with the conservative principle, as the " outcome of a well-ordered See also:civil society, in which the relations and rights of the several estates are due to the See also:peculiar position of the classes and corporations on which they are based, which have been from time to time modified by See also:law without detracting from the essentials of the See also:sovereign power "; whereas representative assemblies are based on " the See also:sovereignty of the See also:people." In See also:answer to this, See also:Count Wintzingerode, on behalf of the See also:king of Wurttemberg, placed on See also:record (Nebenbeilage 2 zum neunten Protokoll, p. 147) a protest, in which he urged that to insist on the system of estates would be to stereotype See also:caste distinctions See also:foreign to the whole spirit of the See also:age, would alienate public opinion from the governments, and —if enforced by the central power—would violate the sovereign See also:independence of those states which, like Wurttemberg, had already established representative constitutions. Though the See also:majority of the ministers present favoured the See also:Austrian interpretation of article XIII. as elaborated by Gentz, they were as little prepared as the representative of Wurttemberg to agree to any hasty measures for strengthening the federal See also:government at the expense of the jealously guarded prerogatives of the See also:minor sovereignties. The result was that the constitutional questions falling under the second class were reserved for further discussion at a See also:general conference of German ministers to be summoned at See also:Vienna later in the See also:year. The 348 effective Carlsbad resolutions, subsequently issued as See also:laws by the federal diet, were therefore only those dealing with the curbing of the " revolutionary " agitation. For the results of their operation see GERMANY: See also:History. The acts, piotocols and resolutions of the conference of Carlsbad are given in M. de Martens's Nouveau Recueil general de traites, &c., t. 4, pp. 8-166 (See also:Gottingen, 1846).

An interesting See also:

criticism of the Carlsbad Decrees is appended (p. 166), addressed by Baron Hans von See also:Gagern, See also:Luxemburg representative in the federal diet, to Baron von PRssen, Mecklenburg plenipotentiary at the conference of Carlsbad. (W. A.

End of Article: CARLSBAD DECREES (Karlsbader Beschlusse)

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