Spain, Portugal, and Italy, and to found, in the bosom of their own country, a vast monarchy, which is in appearance monstrous and irregu"lar, and, of course, liable to revolutions; but which may reasonably be "expected to maintain itself, as long as the character and patriotism of the "nation and their sovereigns, and the policy of the neighbouring states "shall continue the same." a

These sentiments respecting the German character and the Germanic constitution, which under other circumstances might be considered merely as matter of rational curiosity, receive importance when considered as applicable to the events of the present momentous crisis and the present situation. of Europe.

Had the German powers incurred their late adverse fortune from external causes only, without any fault in themselves, their case might then be considered as desperate, as not being retrievable by their own exertions. But the fact is notoriously otherwise. And, as was observed on a similar occasion of national disgrace," what, if considered with a view to the past, "is the worst circumstance attending their affairs, is the most propitious "if contemplated with a view to the future-that it has proceeded from "their own remissness and misconduct."

If we advert to the events of the late war, it will not be seen that baron Hertzberg was led by his patriotism to entertain too favourable an opinion of the national character of the Germans. It was not a want of those martial virtues which he attributes to his countrymen that led to the disgraceful issue of the war. On the contrary, the German troops displayed on every occasion the most exemplary valour, military discipline, and patience of all the evils of war, and they were commanded by generals of distinguished talents. The fault was not in the troops, but in their sovereigns. Their patriotism was superseded by their jealousy; and a regard to the public good and the independency of the German empire was sacrificed to personal interest.

The same observations may be applied to the Swiss. Switzerland has been compared to a citadel in the midst of Europe. To carry on the allusion, the fortress was well manned in point of numbers; nor does it appear that the troops were unwilling to perform their duty. But their leaders

Hertzberg's Dissert. 125.

leaders were disunited among themselves; and hence it arose that they fell an easy conquest to the invader.

But if jealousy and disunion and self-interested politics, have been attended with such fatal consequences; if, as is notoriously true, they have cost the Swiss and the Dutch their liberties, and have brought the German empire to the verge of ruin, it is certainly a most powerful argument for immediately adopting a contrary line of conduct. France. has, by the additions made to its territories, acquired a population far exceeding that of any nation of modern times. The effect of its strength is increased by its local and political circumstances. And Europe has already experienced the result of its eccentric efforts under circumstances far less propitious than the present. If the German powers, therefore, would avert the fate of the neighbouring states, they will be admonished by past events to unite firmly among themselves; and, with a valour and patriotism worthy of their primeval character, they will resist the further aggrandizement of a republic which threatens destruction to the liberties and independency of Europe.

The extent and population of the empire are set forth in the following table from Zimmermann.

CONSTITUTION AND GOVERNMENT.

The following particulars relative to the constitution and government of the German empire may be deemed a proper introduction to its history.

The German empire, says Zimmermann, may be considered as a combination of more than 300 sovereignties, independent of each other, but composing one political body under an elective head, called the emperor of Germany, or Roman emperor.-Eight princes of the empire, called electors, have the right of electing the emperor.-By a fundamental law, called the golden bull, the number of electors was limited to seven. Since that, two new electors have been added; one of which became extinct by the death of the elector of Bavaria in 1777.-The ecclesiastical electors are the archbishops of Mentz, Treves, and Cologne.-The temporal electors are the electoral king of Bohemia. The elector of Bavaria and of the Palatinate. The elector of Saxony. The elector of Brandenburg.

And the elector of Brunswick Lunenburg, or Hanover. The chief prerogatives of the emperor, in his character as lord paramount of the Roman empire, of whom the princes are supposed to hold their domains in fee, are the power of assembling the diet, in which he presides either in person or by his commissary, and of ratifying its resolutions. He is the supreme judge, in whose name justice is administered in the high courts of the empire: he can, however, exempt the subordinate states from the jurisdiction of these tribunals, by granting them the privilege de non appellando.-He is the fountain of honour.-But the Germans have been justly tenacious of the rights which relate to property, and their most material interests.-The emperor cannot levy taxes, nor make war, nor alter any law of the empire, without the consent of the diet, which may be considered as the supreme power of the empire.

The ordinary revenues of the emperor, as such, are trifling; not exceeding 20,000 florins. But in time of war or great emergencies, the diet grants him extraordinary aids, called roman months, valued at 50,000 florins each.

The diet is composed of the emperor and the immediate states of the

VOL. IV.

3 A

empire.

empire. This body exercises all the acts of sovereignty, as far as concern the interests of the whole confederate body; it levies taxes, it makes laws, it declares war and makes peace, and concludes treaties by which the whole empire is bound.-The whole body is divided into three colleges, which deliberate separately, and decide by majority of votes: viz. that of the electors; that of princes; and that of the imperial cities.--Before any proposition can be passed into a law, it must have the approbation of the three colleges: it is then called a resolution of the empire. It must then be presented to the emperor for his confirmation; which, if obtained, constitutes it an act or statute of the empire, and, with the previous sanctions, gives it the force of a law."

There are two supreme courts of judicature, which have concurring jurisdiction in the Roman empire. (1.) The imperial chamber, held at Wetslar, consisting of a judge and two presidents, nominated by the emperor, and twenty-seven assessors or counsellors nominated by the states. (2.) The aulic council, depending entirely on the emperor, is established at Vienna, as his place of residence. It consists of a president and eighteen counsellors." In all cases where the statute or fundamental laws of the empire are defective, these two courts adopt the regulations of the "Roman law, which is in general introduced into the German courts of justice, except where it is limited or superseded by, the particular statutes of each state. To both courts appeals may be made from the "decisions of the courts of justice, or of the sovereigns of the German In criminal cases, in matters of religion, and in pecuniary law"suits, in which the contested property does not exceed the sum of 400 "rix-dollars, the decision of the territorial courts or of the sovereign is "final. In these cases, however, the party who thinks himself aggrieved

states.

by a sentence, is allowed to submit the decision, given by the judges of "his own country, to the examination of the juridical faculty of one or "more impartial German universities, by which the decree may be con"firmed or reversed. In the dominions of the electors and other princes, "who are exempted from appeals to the supreme courts of the empire, "courts of appeal are established in which the decrees of the courts of justice, especially in causes between the sovereign and the subject, may "be revised, and if exceptionable, may be set aside."

The

The states of the empire, considered in their separate capacity, enjoy sovereign power in their respective dominions, limited only by the laws before mentioned and the jurisdiction of the imperial courts; from which, however, the chief among them are exempted.-The constitution of different states is different. As to the exercise of power in them, the sovereigns are limited by the states of their respective dominions; who must give their consent to taxes and laws; and who may appeal to the high courts of the empire, in case of any difference between them and their sovereign. In extreme cases, the states of the principality or city may lay their complaints before the diet."

SCIENCES AND LITERATURE.

The Germans are endowed with talents well adapted to the study of the sciences, and their attention to to them has, in many instances, been eminently rewarded. In the age which succeeded the revival of learning in Europe they were distinguished for their attainments in those abstract sciences which were then so much cultivated, and in criticism and other branches of the belles lettres.-If Italy has the merit of affording an asylum to the literati who were driven from Constantinople on the conquest of the eastern empire by the Turks, Germany has that of producing the principal authors of the reformation, which opened the way to the dispersion of every kind of knowledge, by disengaging the minds of men from the trammels of superstition.-In the seventeenth century, Leibnitz and Wolffius were the rivals of Locke, Newton, and Des Cartes. And, in the present age, the Germans hold a high rank of celebrity as chemists and natural philosophers.

LIBERAL ARTS.

The Germans have attained a considerable degree of eminence in several of the fine arts likewise. Their painters, if we give them the honour of the Flemish school, are inferior to none but those of Italy. But music is the art in which they have most excelled in every age. If a genius for it

d Zimmermann. 118.