Letter

Imperial manifesto., September 20, 1865

[Translation.]

Imperial manifesto.

To my People:

To strengthen the monarchy by reciprocal action in highest state matters, and to preserve the integrity of the country in its various and manifold constituents, was my chief design in my diploma of the 20th of October, 1860, and will hereafter continue to be my guide in trying to promote the welfare of my subjects.

The right of the people to participate in legislation and management of the finances, through their legal representatives, as security for the advancement of the interests of the empire and its provinces, is solemnly guaranteed and irrevocably established.

The forms for the execution of these laws is indicated in my patent of 26th February, 1861, promulgated with the fundamental laws concerning representation; and in the sixth article of the same patent I have revised the entire code, and pronounced it to be the charter of my empire.

The revival of this form, with harmony in all its parts, I leave to the free management of my people.

I warmly acknowledge the readiness with which a large portion of the monarchy sent representatives to the capital for a number of years, at my invitation, for the purpose of solving certain highly important questions.

But my design for the formation of a durable and constitutional charter of rights for the empire, which would receive strength and importance from the free participation of all the subjects of the empire, is yet unaccomplished.

The people of a large portion of the empire, though warmly patriotic their hearts may throb, have firmly refused any legislative action, perhaps, because the various laws now composing the imperial code, in their judgment, appear inconsistent.

My duty forbids me to disregard a fact that hinders the realization of my good intentions, and threatens the foundation of popular rights, for legislative action is only authorized in those lands not belonging to the Hungarian crown, which were specified as part of the empire in article VI of the patent of 26th February, 1861. So long as the principles of fundamental law of clear intelligence are wanting, there remains an important work for an imperial constitutional assembly.

Now, to keep my imperial promise, and not to sacrifice the sense of the letter, I have determined to enter upon the way leading to an understanding with the legal representatives of my people in the eastern portions of the monarchy, and to lay for acceptance before the Hungarian and Croatian diets the diploma of 20th October, 1860, and the fundamental law promulgated by the patent of the 26th of February, 1861, concerning the representation of the empire.

As, however, it is legally impossible to make one and the same constitution the subject of negotiation in one part of the empire, while it is simultaneously treated in another part as a fundamental law, generally binding, I find myself compelled to suspend the validity of the constitution and the actual representation, with the express declaration and reserve that the result of the deliberations of the diet in each eastern kingdom, in case they comprehend a modification of existing laws compatible with the unity of the empire, and its position as a great power, shall be laid for ultimate approval before the legal representatives of the other kingdoms and provinces, to receive and worthily estimate their expression of opinion. I can but regret that this imperatively required step also brings with it a suspension in the constitutional working of the lesser Reichsrath, as the unity and equivalency of all legal principles for the deliberation of the council makes a distinctive and partial effect of the laws impossible.

So long as the representatives of the empire shall not be assembled, it will be the duty of my government to forward all measures that cannot be postponed, and among them, especially, such as are required by the financial and commercial interests of the empire.

The course leading to an understanding, while taking into consideration legitimate rights, is now open, if, as I expect with full assurance, a sacrificing and conciliatory spirit and ripe insight guide the views of my faithful subjects, to whom this imperial word is addressed in thorough confidence.

FRANZ JOSEPH, M. P.

Sources
FRUS u2014 Papers Relating to Foreign Affairs, Accompanying the Annual Message of the President to the First Session Thirty-ninth C View original source ↗
U.S. Department of State, Office of the Historian. Papers Relating to Foreign Affairs, Accompanying the Annual Message of the President to the First Session Thirty-ninth C.