of the contingents of the imperial army, and also the organization of the national guard (Landwehr), and he shall have the right to determine the garrisons within the territory of the Union, as also to mobilize any portion of the imperial army.

In order to maintain the indispensable unity in the administration, care, arming, and equipment of all divisions of the German army, all orders relating to these matters hereafter issued to the Prussian army shall be communicated, for their proper observance, to the commanders of the other contingents, through the Committee on the Army and Fortifications provided for by Art. 8, No. 1.

ART. 64. All German troops are bound to render unconditional obedience to the commands of the Emperor. This obligation shall be included in the military oath.

The commander-in-chief of a contingent, as well as all officers commanding troops of more than one contingent, and all commanders of fortresses, shall be appointed by the Emperor. The officers appointed by the Emperor shall take the military oath to him. The appointment of generals, and of officers performing the duties of generals within a contingent, shall in every case be subject to the approval of the Emperor. In the transfer of officers, with or without promotion, to positions which are to be filled by him in the service of the Empire, be it in the Prussian army or in other contingents, the Emperor shall have the right to select from the officers of all the contingents of the imperial army.

ART. 65. The right to construct fortresses within the federal territory shall belong to the Emperor, who shall ask in accordance with Section XII for the grant of the means required for that purpose, unless it has already been included in the regular appropriation.

ART. 66. In the absence of special conventions, the princes of the Confederation and the Senates shall appoint the officers of their respective contingents, subject to the restriction of Art. 64. They shall be the heads of all of the divisions of troops belonging to their territories, and shall enjoy the honors connected therewith. They shall have particularly the right to hold inspections at any time, and shall receive, besides the regular reports and announcements of changes to be made, timely information of all promotions and appointments concerning their respective contingents, in order to provide for the necessary publication of such information by state authority.

They shall also have the right to employ, for police purposes, not only their own troops, but all other divisions of the imperial army which may be stationed in their respective territories.

ART. 67. Unexpended portions of the military appropriation shall under no circumstances fall to the share of a single government, but at all times to the imperial treasury.

ART. 68. The Emperor shall have the power, if public security within the federal territory is threatened, to declare martial law in any part of the Empire. Until the publication of a law regulating the occasions, the form of announcement, and the effects of such a declaration, the provisions of the Prussian law of June 4, 1851, shall be in force.

FINAL PROVISION OF SECTION XI

The provisions contained in this section shall be applied in Bavaria, in accordance with the more detailed provisions of the treaty of alliance of November 23, 1870, under III, sec. 5; in Würtemberg, in accordance with the more detailed provisions of the military convention of November 21-25, 1870.

XII. FINANCES OF THE EMPIRE

ART. 69. All receipts and expenditures of the Empire shall be estimated for each year, and included in the budget. The latter shall be fixed by law before the beginning of the fiscal year, in accordance with the following principles:

ART. 70. For the defrayal of all common expenses there shall serve first of all the joint revenues derived from customs duties, from common taxes, from the railway, postal, and telegraph systems, and from the other branches of the administration. In so far as the expenditures are not covered by such receipts, they shall be met by contributions from the several states of the Confederation in proportion to their population, such contributions to be fixed by the Imperial Chancellor, with reference to the total amount established by the budget. In so far as these contributions are not used, they shall be repaid to the states at the end of the year, in proportion as the other regular receipts of the Empire exceed its needs.

Any surpluses from preceding years shall be used, so far as the imperial budgetary law does not otherwise provide, for defraying the joint extraordinary expenses.1

ART. 71. The general appropriations shall, as a rule, be granted for one year; they may, however, in special cases, be granted for a longer period.

During the period of transition fixed by Art. 60, the properly classified, financial estimate of the expenditures of the army shall be laid before the Bundesrat and the Reichstag merely for their information.

ART. 72. For the purpose of discharge an annual report of the expenditure of all the revenues of the Empire shall be presented, through the Imperial Chancellor, to the Bundesrat and the Reichstag, for their approval.

ART. 73. In cases of extraordinary need, a loan may be contracted, or a guarantee assumed as a charge upon the Empire, by means of imperial legislation.

FINAL PROVISION OF SECTION XII

Arts. 69 and 71 shall apply to expenditures for the Bavarian army only according to the provisions of the treaty of November 23, 1870, mentioned in the final provision of Section XI; and Art. 72 applies only to the extent that the Bundesrat and the Reichstag shall be informed that the sum necessary for the Bavarian army has been assigned to Bavaria.

1 As amended May 14, 1904.

XIII.

SETTLEMENT OF DISPUTES AND PENAL PROVISIONS

ART. 74. Every attempt against the existence, the integrity, the security, or the constitution of the German Empire; finally, any offense committed against the Bundesrat, Reichstag, a member of the Bundesrat or of the Reichstag, an authority or a public officer of the Empire, while in the execution of their duty, or with reference to their official position, by word, writing, printing, drawing, pictorial or other representations, shall be judged and punished in the several states of the Empire in accordance with the laws therein existing or which may hereafter be enacted, by which provision is made for the trial of similar offenses against any one of the states of the Empire, its constitution, legislature, or estates, the members of its legislature or its estates, authorities, or officers.

ART. 75. For those offenses against the German Empire specified in Art. 74, which, if committed against one of the states of the Empire, would be considered high treason, the Superior Court of Appeals of the three free Hanse cities, at Lubeck, shall be the competent deciding tribunal in the first and last resort.

More definite provisions as to the competency and the procedure of the Superior Court of Appeals shall be made by imperial legislation. Until the passage of an imperial law, the existing jurisdiction of the courts in the respective states, and the provisions relative to the procedure of these courts, shall remain as at present.

ART. 76. Disputes between the several states of the Union, so far as they do not relate to matters of private law, and are therefore to be decided by the competent judicial authorities, shall be adjusted by the Bundesrat, at the request of one of the parties.

In disputes relating to constitutional matters in those states of the Union whose constitution does not designate an authority for the settlement of such differences, the Bundesrat shall, at the request of one of the parties, effect an amicable adjustment, and if this cannot be done, the matter shall be settled by imperial law.

ART. 77. If justice is denied in one of the states of the Union, and sufficient relief cannot be procured by legal measures, it shall be the duty of the Bundesrat to receive substantiated complaints concerning denial or restriction of justice, which shall be proven according to the constitution and the existing laws of the respective states of the Union, and thereupon to obtain judicial relief from the state government which shall have given occasion to the complaint.

XIV. AMENDMENTS

ART. 78. Amendments of the constitution shall be made by legislative enactment. They shall be considered as rejected when fourteen votes are cast against them in the Bundesrat.

The provisions of the constitution of the Empire, by which certain rights are secured to particular states of the Union in their relation to the whole, may be amended only with the consent of the states affected.

APPENDIX IV1

CONSTITUTION OF BELGIUM 2

(February 7, 1831)

In the name of the Belgian people, the National Congress enacts:

TITLE I. THE TERRITORY AND ITS DIVISIONS

ARTICLE 1. Belgium is divided into provinces. These provinces are: Antwerp, Brabant, West Flanders, East Flanders, Hainaut, Liège, Limbourg, Luxembourg, Namur.

If there should be occasion for it, the territory may be divided by law into a greater number of provinces.

The colonies, possessions beyond the sea, or protectorates which Belgium may acquire shall be governed by special laws. The Belgian forces required for their defense shall be recruited only by voluntary enlistment.3

ART. 2. Subdivisions of the provinces shall not be made except by law.

ART. 3. The boundaries of the state, of the provinces, and of the communes shall not be changed or rectified except by law.

TITLE II. BELGIAN CITIZENS AND THEIR RIGHTS ART. 4. Belgian nationality is acquired, retained, and lost according to regulations established by the civil law.

The present constitution and the other laws relating to political rights determine what other conditions are necessary for the exercise of these rights.

1 Reprinted from "Modern Constitutions," by Walter Fairleigh Dodd, by the courtesy of the author and the University of Chicago Press.

In the preparation of this text assistance has been received from the translation made by Professor J. M. Vincent and issued as a supplement to the Annals of the American Academy of Political and Social Science, May, 1896.

3 As amended September 7, 1893. By treaty of April 19, 1839, Belgium secured a portion of the Grand Duchy of Luxembourg, freed from all connections with the German Confederation. The provision regarding colonies was introduced in 1893 to give the government power to administer the Congo Independent State when it should become a Belgian possession. By a treaty signed on November 28, 1907, Belgium took over the whole administration of the Congo Independent State.

ART. 5. Naturalization is granted by the legislative power.

Full naturalization alone admits foreigners to equality with Belgians in the exercise of political rights.

ART. 6. There shall be no distinction of classes in the state.

All Belgians are equal before the law; they alone are admissible to civil and military offices, with such exceptions as may be established by law for particular cases.

ART. 7. Individual liberty is guaranteed.

No one may be prosecuted except in cases provided for by law and in the form therein prescribed.

Except when one is taken in the commission of an offense no one may be arrested without a warrant issued by a magistrate, which ought to be shown at the time of arrest, or at the latest within twenty-four hours thereafter.

ART. 8. No person shall be removed against his will from the jurisdiction of the judge to whom the law assigns him.

ART. 9. No penalty shall be established or enforced except by virtue of a law.

Art. 10. The private domicile is inviolable; no search of premises shall take place except in the cases provided for by law and according to the form therein prescribed.

ART. 11. No one may be deprived of his property except for a public purpose and according to the forms established by law, and in consideration of a just compensation previously determined.

ART. 12. Punishment by confiscation of property shall not be established.

ART. 13. Total deprivation of civil rights (mort civile) is abolished and shall not be re-established.1

ART. 14. Religious liberty and the freedom of public worship, as well as free expression of opinion in all matters, are guaranteed, with the reservation of power to suppress offenses committed in the use of these liberties.

ART. 15. No one shall be compelled to join in any manner whatever in the forms or ceremonies of any religious denomination, nor to observe its days of rest.

ART. 16. The state shall not interfere either in the appointment or in the installation of the ministers of any religious denomination whatever, nor shall it forbid them to correspond with their superiors or to publish their proceedings, subject, in the latter case, to the ordinary responsibility of the press and of publication.

Civil marriage shall always precede the religious ceremony, except in cases to be established by law if found necessary.

ART. 17. Private instruction shall not be restricted; all measures interfering with it are forbidden; the repression of offenses shall be regulated only by law.

Public instruction given at the expense of the state shall likewise be regulated by law.

La mort civile is abolished as a punishment by itself. The condition follows as a secondary consequence of condemnation to death, hard labor, or transportation for life.