rection where it is already
limited and where he wishes to have it disappear entirely. This
concerns his responsibility for those acts in our political life which
the constitution assigns to the emperor in connection with the
decisions of the Bundesrat and the Reichstag. There can be no doubt
that these acts include also those which have to be performed, as the
constitution says, in the name of the emperor; the submission, for
instance, to the Reichstag of a resolve of the Bundesrat. Mr. Richter
has correctly quoted an incident, mentioned in the _North German
Gazette_, concerning the resolves on some collected cases of
accidents, which I considered it incompatible with my responsibility
to submit to you in the name of the emperor. I, therefore, did not do
it. One may well ask: What has the constitutional law to say on this
point? Was I justified in not acting? Was the emperor justified in not
acting! Or was His Majesty the Emperor bound by the constitution to
submit to you the resolve of the Bundesrat?
At the time when the constitution was being drawn I once discussed
this point with an astute jurist, who had long been and still is with
us in an important position--Mr. Pape. He said to me: "The emperor has
no veto." I replied, "Constitutionally he has not, but suppose a
measure is expected of him which he thinks he should not take, and
against which his then chancellor warns him, saying: I cannot advocate
it, and I shall not countersign it. Well, in this case is the emperor
obliged to look for another chancellor, and to dismiss him who opposes
the measure? Is he obliged to accept anyone as chancellor, suggested
perhaps by the other party? Will he look for a second or third
chancellor, both of whom may say: We cannot assume the responsibility
for this bill by submitting it to the Reichstag?" Hereupon Mr. Pape
replied: "You are right, the emperor possesses an indirect but actual
veto."
I do not even go so far, for none of these cases are pressed to their
logical conclusion. Let us, however, take a concrete case, which will
make these matters perfectly clear. Suppose the majority of the
Bundesrat had passed a bill with the approval of Prussia, but Prussia
had made the mistake of not calling upon the Prussian minister
designated to instruct the Prussian delegation in the Bundesrat; or
even--Prussia had consented and the minister had been present, and had
been in the minority also in the Prussian cabinet, and the emperor
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