Page:EB1911 - Volume 03.djvu/43

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28 
AUSTRIA–HUNGARY
[HISTORY

were all opposed to the Ausgleich, it was clear that a Reichsrath chosen in these circumstances would refuse to ratify it, and this was probably Belcredi’s intention. As the existence of the empire would thereby be endangered, Beust interfered; Belcredi was dismissed, Beust himself became minister-president on the 7th of February 1867, and a new edict was issued from Vienna ordering the diets to elect a Reichsrath, according to the constitution, which was now said to be completely valid. Of course, however, those diets in which there was a Federalist majority, viz. those of Bohemia, Moravia, Carinthia and Tirol, which were already pledged to support the January policy of the government, did not acquiesce in the February policy; and they refused to elect except on terms which the government could not accept. The first three were immediately dissolved. In the elections which followed in Bohemia the influence of the government was sufficient to secure a German majority among the landed proprietors; the Czechs, who were therefore in a minority, declared the elections invalid, refused to take any part in electing deputies for the Reichsrath, and seceded altogether from the diet. The result was that Bohemia now sent a large German majority to Vienna, and the few Czechs who were chosen refused to take their seat in the parliament. Beust’s compact with the Poles. Had the example of the Czechs been followed by the other Slav races it would still have been difficult to get together a Reichsrath to pass the Ausgleich. It was, however, easier to deal with the Poles of Galicia, for they had no historical rights to defend; and by sending delegates to Vienna they would not sacrifice any principle or prejudice any legal claim; they had only to consider how they could make the best bargain. Their position was a strong one; their votes were essential to the government, and the government could be useful to them; it could give them the complete control over the Ruthenes. A compact then was easily arranged.

Beust promised them that there should be a special minister for Galicia, a separate board for Galician education, that Polish should be the language of instruction in all secondary schools, that Polish instead of German should be the official language in the law courts and public offices, Ruthenian being only used in the elementary schools under strict limitations. On these terms the Polish deputies, led by Ziemialkowski, agreed to go to Vienna and vote for the Ausgleich.

When the Reichsrath met, the government had a large majority; and in the House, in which all the races except the Czechs were represented, the Ausgleich was ratified almost unanimously. This having been done, it was possible to proceed to special legislation for the The constitution
of 1867.
territories, which were henceforward officially known as “the kingdoms and lands represented in the Reichsrath.” A series of fundamental laws were carried, which formally established parliamentary government, with responsibility of ministers, and complete control over the budget, and there were included a number of clauses guaranteeing personal rights and liberties in the way common to all modern constitutions. The influence of the Poles was still sufficient to secure considerable concessions to the wishes of the Federalists, since if they did not get what they wished they would leave the House, and the Slovenes, Dalmatians and Tirolese would certainly follow them. Hence the German Liberals were prevented from introducing direct elections to the Reichsrath, and the functions of the Reichsrath were slightly less extensive than they had hitherto been. Moreover, the Delegation was to be chosen not by the House as a whole, but by the representatives of the separate territories. This is one reason for the comparative weakness of Austria as compared with Hungary, where the Delegation is elected by each House as a whole; the Bohemian representatives, e.g., meet and choose 10 delegates, the Galicians 7, those from Trieste 1; the Delegation, is, therefore, not representative of the majority of the chamber of deputies, but includes representatives of all the groups which may be opposing the government there, and they can carry on their opposition even in the Delegation. So it came about in 1869, that on the first occasion when there was a joint sitting of the Delegations to settle a point in the budget, which Hungary had accepted and Austria rejected, the Poles and Tirolese voted in favour of the Hungarian proposal.

As soon as these laws had been carried (December 1867), Beust retired from the post of minister-president; and in accordance with constitutional practice a parliamentary ministry was appointed entirely from the ranks of the Liberal majority; a ministry generally known as the The Bürger Ministerium.“Bürger Ministerium” in which Giskra and Herbst—the leaders of the German party in Moravia and Bohemia—were the most important members. Austria now began its new life as a modern constitutional state. From this time the maintenance of the revised constitution of 1867 has been the watchword of what is called the Constitutional party. The first use which the new government made of their power was to settle the finances, and in this their best work was done. Among them were nearly all the representatives of trade and industry, of commercial enterprise and financial speculation; they were the men who hoped to make Austria a great industrial state, and at this time they were much occupied with railway enterprise. Convinced free-traders, they hoped by private energy to build up the fortunes of the country, parliamentary government—which meant for them the rule of the educated and well-to-do middle class—being one of the means to this end. They accepted the great burden of debt which the action of Hungary imposed upon the country, and rejected the proposals for repudiation, but notwithstanding the protest of foreign bondholders they imposed a tax of 16% on all interest on the debt. They carried out an extension of the commercial treaty with Great Britain by which a further advance was made in the direction of free trade.

Of equal importance was their work in freeing Austria from the control of the Church, which checked the intellectual life of the people. The concordat of 1855 had given the Church complete freedom in the management of all ecclesiastical affairs; there was full liberty of The Liberals and
the concordat.
intercourse with Rome, the state gave up all control over the appointment of the clergy, and in matters of church discipline the civil courts had no voice—the clergy being absolutely subject to the power of the bishops, who could impose temporal as well as spiritual penalties. The state had even resigned to the Church all authority over some departments of civil life, and restored the authority of the canon law. This was the case as regards marriage; all disputes were to be tried before ecclesiastical courts, and the marriage registers were kept by the priests. All the schools were under the control of the Church; the bishops could forbid the use of books prejudicial to religion; in elementary schools all teachers were subject to the inspection of the Church, and in higher schools only Roman Catholics could be appointed. It had been agreed that the whole education of the Roman Catholic youth, in all schools, private as well as public, should be in accordance with the teaching of the Roman Catholic Church. The authority of the Church extended even to the universities. Some change in this system was essential; the Liberal party demanded that the government should simply state that the concordat had ceased to exist. To this, however, the emperor would not assent, and there was a difficulty in overthrowing an act which took the form of a treaty. The government wished to come to some agreement by friendly discussion with Rome, but Pius IX. was not willing to abate anything of his full claims. The ministry, therefore, proceeded by internal legislation, and in 1868 introduced three laws: (1) a marriage law transferred the decisions on all questions of marriage from the ecclesiastical to the civil courts, abolished the authority of the canon law, and introduced civil marriage in those cases where the clergy refused to perform the ceremony; (2) the control of secular education was taken from the Church, and the management of schools transferred to local authorities which were to be created by the diets; (3) complete civil equality between Catholics and non-Catholics was established. These laws were carried through both Houses in May amid almost unparalleled excitement, and at once received the imperial sanction, notwithstanding the protest of all the bishops, led by Joseph Othmar