Chapter IV: Of Provincial and Communal Institutions (8)

"The idea of the unity of the empire in its purest and most
unadulterated form is most clearly typified by the German
diet. This assembly, resulting from general elections of the
whole people, shows all the clefts and schisms which
partisanship and the spirit of faction have simultaneously
brought about among the different classes of the people and
among their representatives. But there is not one among all
the prominent factions of the German diet which owes its
formation to territorial differences. The changing majorities
and minorities have assumed their form more curiously in our
parliament than in any other in the world, but there never has
been a single case where in taking a vote North Germans have
come forward in a body against South Germans or vice versa, or
where small and medium states have been pitted against the one
large state. If the constitution of the empire reminds each
deputy that he is a representative of the whole people, the
best part of the provision is that it comes to be looked upon
as a matter of course; it belongs to the very essence of a
parliamentary assembly that it should see in a particular
constellation of opposing factions only something exceptional.
How indispensable a parliamentary organ which actually
represents the unity of the people is to every state in a
confederation is best shown by the energy with which the
Prussian government again and again demanded a German
parliament at the very time when it fairly despaired about
coming to an understanding with its own body of
representatives. In the middle between the head of the empire
and such a diet as we have described is the place occupied by
the Federal Council (Bundesrath): not until we have made this
clear to ourselves can we fully understand the nature of this
latter institution. Each of its members is the plenipotentiary
of his sovereign just as were the old Regensburg and Frankfort
envoys. It is a duty, for instance, for Bavaria's
representative to investigate each measure proposed and to see
whether it is advantageous or not for the land of Bavaria. The
Federal Council is and is meant to be the speaking-tube by
which the voice of the separate interests shall reach the ear
of the legislator. But all the same, held together as it is by
the firm stability of the seventeen votes which it holds
itself and by the balancing power of the emperor and of the
diet, it is the place where daily habit educates the
representatives of the individual states to see that by
furthering the welfare of the common fatherland they take the
best means of furthering their own local interests. Taken each
by himself the plenipotentiaries represent their own
individual states; taken as a whole the assembly represents a
conglomeration of all the German states. It is the upholder of
the sovereignty of the empire. If, then, the federal council
already represents the whole empire, still more is this true
of the general body of officials, constituted through
appointment by the emperor although with a considerable amount
of co-operation on the part of the federal council. The
imperial chancellor is the responsible minister of the emperor
for the whole of the empire. At his side is the imperial
chancery, a body of officials who, in turn, have to do in each
department with the affairs of the whole empire. The imperial
court, too, in spite of all its limitations, is none the less
a court for the whole empire. Not less clearly is the
territorial unity expressed in the unity of legislation. In
the circumstances in which we left the old empire there could
scarcely be any question any longer of real imperial
legislation. Under the confederation beginnings were made, nor
were they unsuccessful; but once again it was primarily the
struggle against the strivings for unity that chiefly impelled
the princes to united action. The 'Carlsbad decrees' placed
limits to separate territorial legislation to an extent that
even the imperial legislation of to-day would not venture upon
in many ways. The empire of the year 1848 at once took up the
idea of imperial legislation; a 'Reichsgesetzblatt' [imperial
legislative gazette] was issued. In this the imperial
ministry, after first passing them in the form of a decree,
published among other things a set of rules regulating
exchange. The plan was broached of drawing up a code of
commercial law for all Germany for the benefit of that class
of the population to which a uniform regulation of its legal
relationships was an actual question of life and death. So
firmly rooted was such legislation in the national needs that
even the reaction of the fifties did not venture to undo what
had been done. Indeed the idea of a universal code of
commercial law was carried on by most of the governments with
the best will in the world. A number of conferences were
called and by the end of the decade a plan had been drawn up,
thoroughly worked out and adopted. It has remained up to this
very day the legal basis for commercial intercourse. It is
true it was not the general decrees of these conferences that
gave legal authority to this code, but rather its subsequent
acceptance by the governments of the individual states. But
the practical result nevertheless was that, in one important
branch of law, the same code was in use in all German states.
Never before, so long as Germany had had a history, had a
codification of private law been introduced by means of
legislation into the German states in common; for the first
time princes and subjects learned by its fruits the blessing
of united legislation. But a few years later they were ready
enough to give over to the newly established empire all actual
power of legislation: only, indeed, for such matters as were
adapted for common regulation, but, so far as these were
concerned, so fully and freely that no local territorial law
can in any way interfere.
{3785}
What the lawgiver of the German empire announces as his will
must be accepted from the foot of the Alps to the waves of the
German Ocean. Thus after long national striving the view had
made a way for itself that, without threatening the existence
of the individual states, the soil of the empire nevertheless
formed a united territorial whole. But not only the soil, its
inhabitants also had to be welded together into one
organization. The old empire had lost all touch with its
subjects—a very much graver evil than the disintegration of
its territory. So formidable an array of intermediate powers
had thrust itself in between the emperor and his subjects that
at last the citizen and the peasant never by any chance any
more heard the voice of their imperial master. … In three ways
the German emperor now found the way to his subjects. Already
as king of Prussia the emperor of the future had been obeyed
by 19 millions of the whole German population as his immediate
subjects. By the entrance of a further 8 millions into the
same relationship on the resignation of their own territorial
lords by far the majority of all Germans became immediate
subjects of the emperor. The German empire, secondly, in those
branches of the administration which it created anew or at
least reorganized, made it a rule to preserve from the very
beginning the most immediate contact with its subjects: so in
the army, so in the department of foreign affairs. The empire,
finally, even where it left the administration to the
individual states, exercised the wholesome pressure of a
supreme national authoritative organization by setting up
certain general rules to be observed. The empire, for
instance, will not allow any distinctions to be made among its
subjects which would interfere with national unity. If the
Swabian comes to Hesse, the Hessian to Bavaria, the Bavarian
to Oldenburg, his inborn right of citizenship gives him a
claim to all the privileges of one born within those limits.
For all Germany there is a common right of citizenship; and
this common bond receives its true significance through
numerous actual migrations from one state to another, the
right of choosing a domicile being guaranteed. … It belongs in
the nature of a federative state that it should not claim for
itself all state-duties but should content itself with
exercising only such functions as demand a centralized
organization. In consequence we see the individual states
unfolding great activity in the field of internal
administration, in the furtherance of education, art and
science, in the care of the poor: matters with which the
empire as a whole has practically nothing to do. All those
affairs of the states, on the other hand, which by their
nature demand a centralized administration have been taken in
hand by the empire, and the unity of public interests to which
the activity of the empire gives utterance is shown in the
most different ways. There are certain affairs administered by
the empire which it has brought as much under a central
organization as ever the Prussian state did the affairs of the
amalgamated territories within its limits. With regard to
others the empire has preserved for itself nothing more than
the chief superintendence; with regard to others still it is
content to set up principles which are to be generally
followed and to exercise a right of supervision. It would be
wrong, however, to imagine that the two last-mentioned
prerogatives are only of secondary importance. The
superintendence which the German emperor exercises over the
affairs of the army, the chief part of which, indeed, is under
his direction as king of Prussia, is sufficient in its
workings to make the land-army, in time of war, as much of a
unit as is the consolidated navy. … Customs' matters form a
third category, with regard to which the empire possesses only
the beginnings of an administrative apparatus: all the same we
have seen in the last years how the right of general
supervision was sufficient in this field to bring about a
change in the direction of centralization, the importance of
which is recognizable from the loud expressions of approval of
its supporters and also in equal measure from the loud
opposition of its antagonists. … In the field of finance the
empire has advanced with caution and consideration and at the
same time with vigor. In general the separate states have
retained their systems of direct and indirect taxation. Only
that amount of consolidation without which the unity of the
empire as a whole would have been illusory was firmly decreed:
'Germany forms one customs and commercial unit bounded by
common customs limits.' The internal inter-state customs were
abolished. The finances that remained continued to belong to
the individual states—the direct taxes in their entirety, the
indirect to a great extent. The administration of the customs
on the borders even remained in the hands of the local
customs-officials, only that when collected they were placed
to the general account. But the unconditional right of the
empire to lay down the principles of customs legislation gave
it more and more of an opportunity to create finances of its
own and to become more and more independent of the scheduled
contributions from the separate states. … Judicial matters are
the affair of the individual state. With his complaints and
with his accusations the citizen whose rights have been
infringed turns to the court established by his territorial
lord. But already it has been found possible to organize a
common mode of procedure for this court throughout the whole
empire; the rules of court, the forms for criminal as well as
civil suits are everywhere the same. … The general German
commercial code and the exchange regulations, which almost all
the states had proclaimed law on the ground of the conferences
under the confederation, were proclaimed again in the name of
the empire and were supplemented in certain particulars. As to
criminal law a general German criminal code has unified the
more important matters and, with regard to those of less
importance, has legally fixed the limits to be observed by the
individual states. Work is constantly going on at a civil code
which is to be drawn up much on the same lines. The German
nation is busily engaged in creating a German legal system
according to which the Prussian as well as the Bavarian, Saxon
or Swabian judge is to render his decisions. Furthermore, a
century-long development in our civilized states has brought
it about that a supervision, itself in the form of legal
decisions, should be exercised over the legality of judicial
sentences. Here again it was in commercial matters that the
jurisdiction of a supreme court first showed itself to be an
unavoidable necessity.
{3786}
Then it was, however, that after a slumber of seventy years
the old imperial court rose again from the dead, not entirely
without limitations, but absolutely without the power to make
exceptions. The imperial court at Leipzig is a court for the
whole empire and for one and all of its subjects. If we turn
to the internal administration it is chiefly matters
concerning traffic and intercommunication which call by their
very nature for regulation under one system. Although the
management of local and to some extent also of provincial
postal affairs is left as far as possible to the individual
states themselves, the German post is nevertheless imperial,
all the higher officials are appointed by the emperor, the
imperial post office passes its rules and regulations and sees
that they are carried out with reference to the whole empire.
Just this branch of the administration indeed has had to halt
at the Würtemberg and Bavarian frontiers, but in these two
states also the legal foundations of the postal system have
been adopted in all essential points. And if in the actual
administration the differences likewise begin to vanish, the
reason for this is more gratifying than is the fact itself:
the extraordinary triumphs, namely, of our imperial post,
which of themselves invite imitation and a breaking down of
barriers. The introduction of the penny tariff has increased
the amount of mail matter to four or five times what it was
before. Postcards, invented by the director of our postal
system, are already [1885], issued annually by the 150
million. The parcels-post, made cheaper and more convenient,
has attained such importance that it has actually come to
serve as a regulator of prices for the retail business of
mercantile houses. Great differences of price in different
parts of the empire become more and more an impossibility so
soon as one only has to pay ten pfennigs per kilo (2 pounds)
to procure the same goods in two or three days from the
cheapest place, be it ever so far off. What is true of the
post is true also of the telegraph which has come again to be
one with it. Here, too, we can observe how the centralization
in the empire has been of especial advantage to just those
places which lie most out of the way. Chiefly in connection
with existing or newly created post offices, the imperial post
office, in the first five years after the direction of the
telegraph came into its hands, opened more than four thousand
telegraph counters—on an average two new counters a day!
Through an extended system of treaties the German imperial
post has regulated its relations to foreign lands and paved
the way for the World-postal-association, the first such
association in the history of the world to take in states from
all four quarters of the globe. … Compared with the postal
system the other branches of inter-communication and of
internal administration seem to be only in the first stages of
centralization; but here, too, much has been accomplished. The
railroads stand under the direction or supervisory
administration of the individual states, but unity with regard
to time-tables, connections, fares and forwarding has been in
so far preserved that differences which might interrupt
traffic are avoided as far as possible. The governments of the
confederated states are under obligations 'to allow the German
railroads, in the interests of general communication, to be
administered as one unbroken network.' A separate Imperial
Railroad Bureau watches over the fulfillment of this
agreement. Nothing, however, has given clearer expression to a
unified system of intercommunication in Germany than the
equalization of the coinage. In old times, when all or at
least the chief territorial lords possessed the unrestricted
right of coinage, each state did not, indeed, have its own
standard, for how would it have been possible to invent
several hundred standards of coinage? But when the territorial
lord did make up his mind to adopt some existing system he
usually chose one that was not in vogue in the state next to
him, so that the boundaries of his own state might be the more
clearly defined. That was how it came about that a map of the
coinage standards of Germany looked almost as variegated as
the map of its states. … Still worse than with regard to
coined money—which, after all, always had a natural regulator
in the actual market value of the silver or gold—did the want
of unity show itself in the matter of paper money. Not only
did the various states have different principles on which they
issued it, and a different system of securities in funding it,
but one and the same state would continue to use its old paper
money even when issuing new on another principle. Hundreds of
different bank-notes were in use, many which had long been
called in continued still to circulate until some unfortunate
last holder had to pay the costs. He who had thus learned a
lesson at his own expense became very cautious and would
refuse even the best paper money. The black Schwarzburg notes
looked so grimy that the petty folk in their own land
considered them out of date and preferred Prussian money. … In
the matter of coins the empire found no general European model
to go by. The mark, which was finally chosen as the unit of
coinage, had the double advantage of facilitating a transition
from the old thaler days and of inaugurating a firm
relationship to the franc of the Romanic coinage system, the
pound of the English world, the gulden of the Austrian empire
(so soon as the latter power resumed metal coinage). The
introduction of a gold basis gave the young coinage system a
solid basis on the most precious metal. The mints remained in
the hands of the separate states, but the coin was issued 'on
account with the empire.' The coins accordingly bear on one
side the image of the territorial lord who issues them, on the
other, to give them general validity, the coat of arms of the
empire. … Founded thus on a system of firm finances, on the
uniform administration of justice in all lands, on an internal
administration which, however varied, nevertheless fulfills
the necessary demands of unity, the German empire shows a
measure of consolidation the best outward expression to which
is given by its army. Among the two million men on land and on
sea who are ready to protect the Fatherland's boundaries there
is not one who has not sworn fidelity to his imperial master:
among the generals, not one who has not been appointed by the
emperor. The most cherished of all duties binds the German to
his German Fatherland. If, as regards the land-army, the
princes still have a certain right of administration over
their own contingents: on the man-of-war, where the sons of
all the states that border on the sea come together, every
possible distinction vanishes. The German navy knows no other
flag, no other cockade, than the black-white-and-red."

_I. Jastrow,
Geschichte des deutschen Einheitstraumes und seiner Erfüllung (translated from the German),
pages 285-303._

{3787}

GERMANY: A. D. 1883-1889.
Bismarck's Sickness, Accident and Old-Age Insurance Laws.

See SOCIAL MOVEMENTS: A. D. 1883-1889 (page 2955).

GERMANY: A. D. 1883-1894.
Acquisitions in Africa.

See (in this Supplement) AFRICA: 1883, and after.

GERMANY: Libraries.

See LIBRARIES, MODERN (page 2010).

----------GERMANY: End--------

GHENT, Treaty of (the text).

See UNITED STATES OF AMERICA: A. D. 1814 (pages 3355-3358).

GIRTON COLLEGE.

See EDUCATION (page 745).

GODIN, and his Social Palace at Guise.

See SOCIAL MOVEMENTS: A. D. 1859-1887 (page 2947).

GODOY, The Ministry of.

See (in this Supplement) SPAIN: A. D. 1788-1808.

GOLD AND SILVER, Production of.

See MONEY AND BANKING: A. D. 1848-1893 (page 2217).

GORTON, Samuel, in Rhode Island.

See RHODE ISLAND: A. D. 1641-1647 (page 2641).

GRANGERS, The.

See SOCIAL MOVEMENTS: A. D. 1866-1875 (page 2951).

GRANT, General U. S.: Report on affairs in the South.

See UNITED STATES OF AMERICA: A. D. 1865 (page 3562).

GREAT SEAL, Lord Keeper of the.

See LAW, EQUITY: A. D. 1538 (page 1990).

GREECE: Outline Sketch of ancient history.

See EUROPE (pages 991-996).

GREECE: Commerce, ancient.

See (in this Supplement) COMMERCE, ANCIENT.

GREECE: Libraries.

See LIBRARIES, ANCIENT (page 2002.)

GREECE: Medical Science.

See MEDICAL SCIENCE, GREEK (page 2124).

GREECE: Money and Banking.

See MONEY AND BANKING (pages 2201 and 2202).

GREELEY, Lieutenant, Polar expedition of.

See (in this Supplement) ARCTIC EXPLORATION: 1881-1884.

GREGORY I., Pope (called the Great).

See PAPACY: A. D. 461-604 (page 2422).

GREGORY VII., Pope, and the Empire.

See PAPACY: A. D. 1056-1122 (page 2427);
GERMANY: A. D. 973-1122 (page 1441);
and CANOSSA (page 386).

GRINNELL EXPEDITIONS.

See (in this Supplement)
ARCTIC EXPLORATION: 1850-1851, 1853-1855.

GRIPPE, La, Early appearances of.

See PLAGUE, ETC.; A. D. 1485-1593,
and 18TH CENTURY (page 2542).

GUILDS, OR GILDS.

See SOCIAL MOVEMENTS: A. D. 1720-1800 (page 2933).

GUNBOATS, Jefferson's.

See UNITED STATES OF AMERICA: A. D. 1804-1805 (page 3332).

H.

HABEAS CORPUS, President Lincoln's suspension of the writ of.

See UNITED STATES OF AMERICA: A. D. 1861-1863 (page 3447).

HAHNEMANN, and the system of Homœopathy.

See MEDICAL SCIENCE: 17-18TH CENTURIES (page 2139).

HALL, Captain Charles F., Arctic explorations of.

See (in this Supplement)
ARCTIC EXPLORATION: 1860-1862; 1864-1869; and 1871-1872.

HALLER, Albrecht von, The medical system of.

See MEDICAL SCIENCE: 18TH CENTURY (page 2141).

HANSA, The.

See (in this Supplement)
COMMERCE, MEDIÆVAL;
and GERMANY: 13-15TH, and 15-17TH CENTURIES.
Also, HANSA TOWNS (page 1624).

HAPSBURG, Early fortunes of the family of.

See (in this Supplement) AUSTRIA: A. D. 1273-1349.

HARMONY SOCIETY, The.

See SOCIAL MOVEMENTS: A. D. 1805-1827 (page 2937).

HARVEY, and the discovery of the Circulation of the Blood.

See MEDICAL SCIENCE: 17TH CENTURY (page 2133).

HAYES, Dr. Isaac I., Arctic explorations of.

See (in this Supplement)
ARCTIC EXPLORATION: 1860-1861, and 1869.

HELMONT, John Baptist, The medical system of.

See MEDICAL SCIENCE: 16TH CENTURY (page 2133).

HENRY, Professor Joseph,
Invention of the electric telegraph.

See ELECTRICAL DISCOVERY AND INVENTION:
A. D. 1825-1874 (page 772).

For other work of Henry;

_T. O'Conor Sloane
The Standard Electrical Dictionary
https://www.gutenberg.org/ebooks/26535_

HERCULANEUM, Libraries of.

See LIBRARIES, ANCIENT (page 2005).

HIGHER-LAW SPEECH, Seward's.

See UNITED STATES OF AMERICA: A. D. 1850 (page 3387).

HINDU MEDICAL SCIENCE.

See MEDICAL SCIENCE, HINDU (page 2123).

HIPPOCRATES.
The Hippocratic Oath.

See MEDICAL SCIENCE, GREEK (page 2125).

HOFFMANN, Frederic, and Humoral Pathology.

See MEDICAL SCIENCE: 17TH CENTURY (page 2136).

HOLLAND: Commerce.

See (in this Supplement) COMMERCE, MEDIÆVAL, and MODERN.

HOLLAND: Libraries.

See LIBRARIES, MODERN (page 2013).

HOLT, Lord, and the Law of Bailments.

See LAW, COMMON: A. D. 1698-1710 (page 1971).

HOLY ROMAN EMPIRE, The.

See (in this Supplement) GERMANY: A. D. 9)62;
also, page 2652.

HOMŒOPATHY, Origin of the system of.

See MEDICAL SCIENCE: 17-18TH CENTURIES (page 2139).

HUDSON, Henry, Northern voyages of.

See (in this Supplement)
ARCTIC EXPLORATION: 1607, and after.

HUNTER, Dr. John, The work of.

See MEDICAL SCIENCE: 18TH CENTURY (page 2139).

HUTCHINSON, Governor Thomas.
Conversation with King George.

See UNITED STATES OF AMERICA: A. D. 1774 (pages 3210-3213).

{3788}

I.

ICARIA.

See SOCIAL MOVEMENTS: A. D. 1840-1883 (page 2943).

ICILIAN LAW, The.

See ROME: B. C.456 (page 2665).

INDIA, Ancient Commerce.

See (In this Supplement) COMMERCE, ANCIENT.

INTERNAL IMPROVEMENTS, The question of.

See UNITED STATES OF AMERICA:
A. D. 1807. and 1816-1817 (pages 3335 and 3360).

INTERNATIONAL, The.

See SOCIAL MOVEMENTS: A. D. 1862-1872,
and 1872-1886 (pages 2950 and 2953).

INVESTITURES, The question of.

See (in this Supplement) PAPACY: 11-12TH CENTURIES;
also page 2427.

----------ITALY: Start--------

ITALY: 11-15th Centuries.
Commerce of the city republics.

See (in this Supplement) COMMERCE, MEDIÆVAL.

ITALY: A. D. 1154-1190.
Invasions of Frederick Barbarossa.

"In November Frederick appeared in Lombardy and hung up his
shield on a high post as a token that he was to hold a review
of the army and a general court. The most of the complaints of
the cities were directed against Milan, but on complaint of
Pavia the emperor first attacked Tortona. … A horrible
chastisement was inflicted on the city; … the inhabitants were
driven away. … Now at length Frederick turned his attention to
Rome. On June 18, 1155, he marched into the Leonine City and
was at once crowned in St. Peter's. … The results of this
first Italian expedition were nevertheless small. The emperor
had not conquered Rome; William I of Naples was more
independent than ever; in northern Italy after Frederick's
departure Milan was pre-eminent. By her authority Tortona was
built up again. The Milanese sent the city a brass trumpet
with which to call her inhabitants together once more. … The
emperor was determined to put an end forever to all this
opposition. In July 1158 an immeasurably greater expedition
started with the express purpose of restoring the authority of
the empire in Italy. … The Milanese in addition (having after
a short siege recognized the emperor's claims) paid a fine,
gave 300 hostages, … and afterwards made their submission in
the humblest manner: the nobles with drawn swords across their
shoulders, the people with cords around their necks, fell down
before the emperor and did him homage. … It was in pursuance
of Frederick's intention, and of his desire to settle the
matter once and for all, that to his purposed diet in the
Roncaglian plains he also summoned some teachers of law from
Bologna. … Enough, in the assembly at Roncaglia through a well
authorized judicial sentence, those regalia [royal rights]
which had gone over to the civic communes were adjudged to the
emperor, save in cases where by special privilege they had
been relinquished to special cities. The emperor was
recognized as the highest legislative power. … Frederick had
set himself the great problem of uniting together authority
and freedom. In the best possible monarchical spirit he
expressed it that he wished an empire resting on a legal
foundation in order to maintain every man in his freedom. But
it is none the less evident that he wished the centre of
gravity to lie in his own authority. It was not the demand of
the regalia alone that caused the trouble, but just this
principle, and it comes to the fore in the clearest manner in
his relations with Milan. The agreement on the occasion of the
peace with Milan had been that the civic authorities should be
freely elected but should be invested by the emperor. In
Roncaglia on the other hand it was decreed that the emperor
should nominate the authorities subject to the assent of the
people. A slight change, but one which in reality betokened an
immense difference. Thus at the diet of Roncaglia did the
empire unfold once more its full glory. But in the carrying
out of these decrees, and especially in the matter of
nominating the authorities; immeasurable difficulties now
showed themselves. … On this matter, then, it had to come to
blows. At the very first attempt in Milan a popular tumult
arose. Frederick instituted proceedings which ended with a new
banning of the city. … Large as the city was a way was found
of cutting off from it all supplies. Through extreme want it
was at last compelled to surrender and to beg for mercy. … The
city was actually made to cease to exist. It was to be divided
into four different places. If every trace of it was not
completely obliterated this was solely due to regard for
certain churches. The Milanese were treated like a tributary
people on conquered territory. … In November 1166 the emperor
started out to drive Pope Alexander from Rome. But already
under his eyes the Lombard cities were bestirring themselves
against him. They were discontented on account of oppressions
which they were obliged to suffer more through the violence of
the imperial officials than from any fault of the laws. … The
Lombards considered that if the pope were again to be beaten
they should find no more help against the power which was
holding them down. What especially goaded them on was the
firmness of the imperial rule, its methodical and stern manner
of proceeding against every one who opposed it. … It was after
the imperial governors in consequence of the growing
disaffection had claimed and received new hostages that the
representatives of Cremona, Brescia, Ferrara and Mantua came
together in Pontida (April 1167). … The decision of the
Lombards was, not to consider due to the emperor any more than
had been considered due to him at the death of Henry V and to
oppose him by force should he demand more. They restored
Milan, which joined them, compelled Lodi to go over to their
side and captured, as they had once done before, the treasure
of the emperor which was in Trezzo. … Frederick thought to
crush all opposition in Upper Italy if he could only withdraw
from it the help of the Greeks and of the pope. He therefore
turned first against Ancona which the emperor Manuel had
captured and compelled the city to give him hostages. … He
then attacked Rome. … They (the Germans) conquered the Leonine
City after a bloody fight. The emperor himself appeared,
installed his own pope and caused his queen to be crowned
(August 1, 1167). Alexander fled, the city of Rome consented
to make peace. … Thus had the main point been gained and the
emperor prepared to renew the struggle against the Lombards.
{3789}
It was then that his brilliant army, beyond a doubt the most
efficient of its age, was struck down by the hand of fate. A
plague broke out which ravaged the city as well as the army,
but which almost annihilated the latter. … He could no longer
strike an effective blow at the Lombards. But he did not on
that account lose his head. In Pavia he pronounced the bann
against the cities; they answered by now first strengthening
their bonds of union on a large scale. The cities which had
previously been allied with Venice, and all the others,
entered into a league which all were to swear to uphold; at
the head of it was Venice. They were to make common cause in
war and peace and to perform no services other than the
customary ones. … The emperor felt that he could not cope with
this new development and left Pavia. Only after great perils
did he escape. They strove quite openly to take his life. With
only a few companions he rescued himself. … In March 1172 the
emperor represented to the princes that the contagion of
faithlessness with which Italy had contaminated herself was
seeking to spread itself out over Greece and Sicily. The term
for the imperial campaign nevertheless was only set for two
years later. … In July 1174 the emperor with his army crossed
the Alps over the Mt Cenis. At this very time the Italians had
opposed to him a new bulwark—a new city which they called
Allessandria in honor of the pope. The emperor first attacked
this but met with an opposition similar to that which
Archbishop Christian experienced before Ancona. … Many
conferences took place between the imperial plenipotentiaries,
the delegates of the cities and the papal legates. But these
latter, standing as they did at the same time in league with
the Greek emperor and the king of Sicily, felt themselves to
be the stronger. … Everything depended on his [Frederick's]
procuring new help. … The great all-deciding question was
whether Frederick would have Henry the Lion on his side; not
indeed exclusively on account of the actual help that he would
render but because his name in itself would increase the
prestige of the emperor. … The power of an emperor in its full
development seemed unbearable to Henry the Lion, even as in
earlier times it had been unbearable to the German princes. …
Henry's defection gave courage to the Italian cities. … On May
29, 1176, a battle took place near Legnano. … Brave as the
emperor was he nevertheless suffered a complete defeat. … The
letter is extant which the Milanese wrote to the Bolognese
concerning the battle. Countless, so they exclaim, are the
slain, the drowned, the prisoners. We have the shield, the
standard, the lance and the cross of the emperor. Incalculable
is the booty. … It is the battle through which the freedom and
the progress of Italian nationality were founded. … Here [in
Venice] now, with the pope and the king of Sicily a peace,
with the Lombards a truce of six years was brought about. Then
took place that famous meeting of the pope and the emperor in
Venice, on the 24th of July 1177. … With the cities the
emperor closed the peace of Constance in the year 1183. He
acknowledged therein the extension of their jurisdiction over
the surrounding territory and sanctioned their league but
retained for himself three things:

1. his regalia, of which however an estimate was to be made
according to their value and which were to be compensated for
by payment of a fixed sum from each city;

2. the investiture of the consuls; …

3. the right that appeals should be made within Italy to
imperial representatives.

It does not appear that these reservations greatly interfered
with the liberty of the cities. … In a word, the two opponents
of the empire in Italy had achieved great victories. The
emperor had abandoned the idea of maintaining the old
supremacy of the empire over the church and of subjecting the
cities to his administration; he did not however on that
account break off his connection with them. In 1184 he again
came to Italy; for a yearly sum of 300 lire he abandoned all
the rights that he had hitherto claimed from the cities and
allied himself with them. … Meanwhile the emperor succeeded in
making the greatest possible acquisition in Lower Italy. For
that Norman kingdom which the Germans had so often attacked in
vain there was only an heiress left, Constance, aunt of the
ruling king. Bitterly as the pope opposed it the emperor was
nevertheless able to bring about a marriage between her and
his son Henry VI. and thus to secure for him the sure prospect
of succeeding to Naples and Sicily. … Without knowing it
Frederick thus tied a new knot which was to be decisive for
the fate of his house and, we might even say, of Germany
itself."

_L. von Ranke,
Weltgeschichte
(translated from the German).
volume 8. pages 171-209._

ALSO IN:
_K. Lamprecht,
Deutsche Geschichte._

See, also, ITALY: A. D. 1154-1162, to 1174-1183
(pages 1811-1813).

ITALY: A. D. 1644.
First publication of gazettes, or newspapers.

See PRINTING AND PRESS: A. D. 1612-1650 (page 2592).

ITALY: A. D. 1870.
Law of the Papal Guarantees.

See PAPACY: A. D. 1870 (page 2477).

ITALY: A. D. 1882-1895.
Acquisitions in Abyssinia.

See (in this Supplement) AFRICA:
1882, 1885, 1889, 1889-1890, 1890-1891, 1894-1895.

ITALY: Constitution.

For a translation of the text,
see (in this Supplement) CONSTITUTION OF ITALY.

ITALY: Libraries.

See LIBRARIES, RENAISSANCE, and MODERN (page 2012).

----------ITALY: End--------

J.

JAPAN: A. D. 1894-1895.
War with China.

See (in this Supplement) COREA.

JAPAN: Libraries.

See LIBRARIES, MODERN: JAPAN (page 2024).

JEANNE D'ARC, The family, the home and the circumstances of.

See (in this Supplement) FRANCE: A. D. 1423-1429;
also, page 1175.

JEANNETTE, Polar voyage of the.

See (in this Supplement) ARCTIC EXPLORATION: 1879-1882.

JEFFERSON'S GUNBOATS.

See UNITED STATES OF AMERICA: A. D. 1804-1805 (page 3332).

JENNER, Dr. Edward, and the discovery of Vaccination.

See MEDICAL SCIENCE: 18TH CENTURY (page 2140).

{3790}

JEWS:
Ancient commerce.
Connection with the Phœnicians.

See (in this Supplement) COMMERCE, ANCIENT.

JEWS:
Ancient money.

See MONEY AND BANKING: JEWS (page 2203).

JEWS:
Medical Science.

See MEDICAL SCIENCE, JEWISH (page 2124).

JOAN OF ARC, The family, the home and the circumstances of.

See (in this Supplement) FRANCE: A. D. 1423-1429;
also, page 1175.

JOSEPH II., Emperor: His character and his reforms.

See (in this Supplement) AUSTRIA: A. D. 1780-1790.

JUDICATURE ACTS, The.

See LAW, COMMON: A. D. 1873 (page 1981).

JURY, Trial by.

See LAW, COMMON (page 1956, and after).

JUSTICES OF THE PEACE.

See LAW, CRIMINAL: A. D. 1344 (page 1983).

JUSTICIARY, Chief: Disappearance of the office.

See LAW, COMMON: A. D. 1265 (page 1962).

K.

KANE, Dr. Elisha Kent,
Polar expeditions and adventures of.

See (in this Supplement) ARCTIC EXPLORATION:
1850-1851, and 1853-1855.

KARNATIC, The.

"Bishop Caldwell says: 'When the Muhammadans arrived in
Southern India, they found that part of it with which they
first became acquainted-the country above the Gháts, including
Mysore and part of Telingána—called the Karnataka country. In
course of time, by a misapplication of terms, they applied the
same name Karnatak, or Carnatic, to designate the country
below the Gháts, as well as that which was above. The English
have carried the misapplication a step further, and restricted
the name to the country below the Gháts, which never had any
right to it whatever. Hence the Mysore country, which is
properly the true Karnatic, is no longer called by that name;
and what is now geographically termed "the Karnatic" is
exclusively the country below the Gháts, on the Coromandel
coast, including the whole of the Tamil country and the
Telugu-speaking District of Nellore.'"

_W. W. Hunter,
Imperial Gazetteer of India: Karnatic
(volume 5)._

KASHGAR.

See TURKESTAN (page 3130),
and YAKOOB BEG (page 3662).

KASSHITE, OR KASSITE, DYNASTY, The.

See SEMITES: THE FIRST BABYLONIAN EMPIRE (page 2890).

KENT, Chancellor, and American jurisprudence.

See LAW, EQUITY: A. D. 1814-1823 (page 19(3).

KILMAINHAM TREATY, The.

See IRELAND: A. D. 1881-1882 (page 1797).

KING'S LIBRARY, The.

See LIBRARIES, MODERN (page 2014).

KING'S PEACE, The.

See LAW, COMMON: A. D. 871-1066, 1100, 1135, and 1300
(pages 1956, 1958 and 1963).

KNIGHTS OF LABOR, The.

See SOCIAL MOVEMENTS: A. D. 1869-1883 (page 2952).

KOCH, Dr. Robert, Bacteriological studies of.

See MEDICAL SCIENCE: 19TH CENTURY (page 2146).

KOLDEWY, Captain, Polar expedition of.

See (in this Supplement) ARCTIC EXPLORATION: 1869-1870.

KOREA.

See (in this Supplement) COREA.

KULTURKAMPF, The.

See (in this Supplement) GERMANY: A. D. 1870-1874.

L.

LAFAYETTE, General: Visit to the United States.

See UNITED STATES OF AMERICA: A. D. 1824-1825 (page 3365).

LAND, Ultimate property in.

See LAW, COMMON: A. D. 1776 (page 1974).

LAND, Indian right of occupancy.

See LAW, COMMON: A. D. 1823 (page 1976).

LAND ACT OF 1881, The Irish.

See IRELAND: A. D. 1881-1882 (page 1797).

LAND REGISTRATION.

See LAW, COMMON: A. D. 1630-1641 (page 1969).

LAND-TRANSFER REFORM.

See LAW, COMMON: A. D. 1854-1882, and 1889
(pages 1980-1981).

LASSALLE, Ferdinand, and German Socialism.

See SOCIAL MOVEMENTS: A. D. 1862-1864 (page 2949).

LATIN UNION, The.

See MONEY and BANKING: A. D. 1853-1874 (page 2218).

LAW, Roman.

See ROMAN LAW (page 2652).

LEE, Arthur, in France.

See UNITED STATES OF AMERICA: A. D. 1776-1778
(pages 3242-3244).

LEGAL TENDER NOTES.

See MONEY AND BANKING: A. D. 1861-1878 (page 2219).

LEO THE GREAT, Pope.

See PAPACY: A. D. 42-461 (page 2421);
and HUNS: A. D. 452 (page 1689).

L'ESTRANGE, Roger, and the early newspaper press in England.

See PRINTING AND PRESS: A. D. 1654-1694 (page 2596).

LEVANT, The.

A term applied to the eastern coasts of the Mediterranean,
from the western part of Greece round to the western border of
Egypt—more specifically to the coasts and islands of Asia
Minor and Syria. The name—which signifies "rising" hence "the
East"—was given to this region by the Italians.

LIBEL, The Criminal Law of.

See LAW, CRIMINAL: A. D. 1770, and 1843
(pages 1984 and 1986).

LIBERTY, Religious.

See in this Supplement:
TOLERATION, RELIGIOUS. (page 3807)

LINCOLN, Abraham:
Debate with Douglas.

See UNITED STATES OF AMERICA: A. D. 1858 (page 3401).

First Inaugural Address.

See UNITED STATES OF AMERICA: (page 3417).

First Message.

See UNITED STATES OF AMERICA: (pages 3421 and 3448).

First call for troops.

See UNITED STATES OF AMERICA: (page 3423).

Proclamation of Blockade.

See UNITED STATES OF AMERICA: (page 3427).

Suspensions of Habeas Corpus.

See UNITED STATES OF AMERICA: (page 3447).

Message proposing compensated Emancipation.

See UNITED STATES OF AMERICA: (page 3453).

{3791}

Letter to Horace Greeley.

See UNITED STATES OF AMERICA: (page 3476).

Preliminary Proclamation of Emancipation.

See UNITED STATES OF AMERICA: (page 3480).

Final Proclamation of Emancipation.

See UNITED STATES OF AMERICA: (page 3487).

Letter to General Hooker.

See UNITED STATES OF AMERICA: (page 3489).

Letters to New York and Ohio Democrats.

See UNITED STATES OF AMERICA: (page 3407).

Address at Gettysburg.

See UNITED STATES OF AMERICA: (page 3514).

Proclamation of Amnesty and Message.

See UNITED STATES OF AMERICA: (page 3515).

Plan of Reconstruction.

See UNITED STATES OF AMERICA: (page 3518).

Re-election.

See UNITED STATES OF AMERICA: (page 3533).

Hampton Roads Peace Conference.

See UNITED STATES OF AMERICA: (page 3546).

Second Inaugural Address.

See UNITED STATES OF AMERICA: (page 3549).

Last Speech.

See UNITED STATES OF AMERICA: (page 3551).

At Richmond.

See UNITED STATES OF AMERICA: (page 3554).

Assassination.

See UNITED STATES OF AMERICA: (page 3(55).

LINE-OF-BATTLE SHIP.

See SHIP OF THE LINE (page 2901).

LISTER, and Antiseptic Surgery.

See MEDICAL SCIENCE: 10TH CENTURY (page 2145).

LIVINGSTONE, David, Explorations of.

See (in this Supplement) AFRICA: 1840, 1840, and after.

LOBENGULA, War of the English with.

See SOUTH AFRICA: A. D. 1885-1893 (page 2965).

LOMBARD BANKERS AND MONEY-CHANGERS.

See MONEY AND BANKING (pages 2205 and 2206).

LORD KEEPER OF THE GREAT SEAL, The.

See LAW, EQUITY: A. D. 1538 (page 1000).

LOUIS IX., King of France (called St. Louis).

See (in this Supplement) FRANCE: A. D. 1226-1270.

_François Guizot,
Great Christians of France: Saint Louis and Calvin.
https://www.gutenberg.org/ebooks/62518_

LOUIS XV., King of France, Fatal foreign policy of the reign of.

See (in this Supplement) FRANCE: A. p. 1715-1770.

McCLINTOCK, Captain, Franklin search expeditions of.

See (in this Supplement) ARCTIC EXPLORATION:
1852-1854, and 1857-1859.

McCLURE, Captain, Franklin search expedition of.

See (in this Supplement) ARCTIC EXPLORATION: 1850-1854.

McKINLEY TARIFF ACT, The.

See TARIFF LEGISLATION: A. D. 1890 (page 3085).

MADAGASCAR.

See (in this Supplement) AFRICA.

MANCHUS. MANCHURIA.

"The Manchus, from the earliest period of Chinese history,
have occupied the country bounded on the east by the Japanese
Sea, which is drained in its southern portion by the Tumun, by
the right affluents of the Ya-lu-kiang, and by the upper
portions of the left affluents of the Liau; and in its
northern portion by the right affluents of the Upper Soongari,
and the Lower Soongari, and Lower Amoor, with their affluents
on both sides. This extent of country may be fitly called
Manchuria Proper, to distinguish it from the present political
Manchuria. This latter embraces not only the real Manchuria,
but also a tract on the east side of the Liau, composed of the
lower valleys of its left affluents, and of the Liau
peninsula, and another on the west of the Liau, lying between
its right bank and the Great Wall. Now these two tracts, known
severally as Liau-tung or Liau East and Liau-se or Liau West,
have, from the earliest historical periods, been occupied by a
Chinese population, with the settled habits of their nation:
agriculturists, artisans, and traders, dwellers in villages
and cities. Hence, though situated beyond the Great Wall, it
has always been a part, though a very exposed and often
politically separated part, of China Proper. Manchuria Proper,
as above defined, is a mountainous, well-watered tract,
formerly altogether covered with forests, of which large
portions still remain. The principal mountain range is the
Chang-pih-shan, or Shan-a-lin, or Long White Mountains. … As
the great arid plateau, the Shamo, has given to the Mongols
their national characteristics, so the Long White Mountains,
with their northerly spurs, separating the Upper Soongari, the
Hurka, and the Usuri, have constituted the character-giving
home and stronghold of the Manchus. These, unlike the Mongols,
who have 'moved about after grass and water,' have always been
a settled people, who in ancient times dwelt during the cold
season in holes excavated in the sides of dry banks, or in
pits in the earth, and during summer in huts formed of young
trees and covered with bark or with long wild grass. They
have, unlike the Mongols, from the earliest periods been
somewhat of agriculturists; like them they have always reared
domestic animals. … It has hitherto been the custom among
Occidentals to speak of the Manchus as 'Tartars;' but if, as I
believe, this name generally conveys the idea of a people of
nomadic herdsmen, and usually large owners of camels, it will
be seen from the foregoing sketch that it is altogether a
misnomer as applied to the Manchus. … In the 11th century
before Christ this nation appeared at the court of the Chow
dynasty as Suh-chin, and presented tribute, a portion of which
consisted of stone-headed arrows. In the 3d century after
Christ they reappeared as Yih-low. … In the 5th, 6th, and 7th
centuries after Christ we find them under the names of
Wuh-keihs, and Mo-hos, still described as rude barbarians, but
politically organized as a confederation of seven large tribes
or seven groups of tribes. At length, in the beginning of the
8th century, a family named Ta, belonging to the Suhmo-Mo-hos,
that member of the confederation whose territory lay
immediately on the north of Corea and north-east of Liau East,
established themselves as rulers over the whole of Manchuria
Proper, over Liau East, and over a large portion of Corea. In
A. D. 712, the then Whang-ti, or Emperor of China, conferred
the title of Prince of Po-hae on the head of the family; but
the immediate successors of this prince shook off even the
form of vassalage, and by their conquest of Northern Corea and
Liau East, assumed a position of hostility to the Whang-ti.
Po-hac, the name adopted by the new rulers, became the name of
the Manchu Nation; which under it for the first time takes a
place in history, as constituting a civilized State with a
centralized administration. … It was overthrown by the Ketans.
About these the Chinese accounts conflict as to whether they
were a Manchu or a Mongol tribe: I consider them more of the
former than of the latter. They took their rise in the valleys
of the Hu-lan, a small northern branch of the Soongari, which
falls into the latter about 100 miles below its junction with
the Nonni.
{3792}
The Ketans had possessed themselves of Eastern Mongolia, and
been engaged in successful war on China before they, in A. D.
926, attacked the Po-hae state, which they speedily overthrew,
incorporating into their own dominions all Manchuria Proper
and the East of the Liau. Before the middle of the 10th
century, they had conquered nearly all Mongolia and Northern
China. … They assumed for their dynasty the name of Liau, that
of the river which flows past this port. Under the eighth of
the line, their power had sunk so much that it fell easily
before the attacks of A-kuh-ta, the chief of a purely Manchu
tribe or commune, the Neu-chins, whose original seat was the
country between the Upper Soongari and the Hurka. The
Neu-chins rebelled against the Ketans or Liaus in A. D. 1113.
Within 15 years, they had possessed themselves of the whole of
Manchuria, Mongolia, and Northern China, driving the Chinese
Whang-ti to the south of the Great River, and themselves
establishing a rival line under the name of Kin, or Golden;
adopted because their own country Manchuria 'was a
gold-producing one.' The Neu-chins or Kins were in their turn
overthrown by the Mongols, under Ghenghis Khan and his
immediate successors. Manchuria came under their power about
A. D. 1217, Northern China, about A. D. 1233, and Southern
China, about A. D. 1280, when they established—it was the
first time the thing had happened—a line of non-Chinese
Whang-tis in undisputed possession of that dignity. … The
Mongol dynasty maintained itself in China for about 90 years,
when (in A. D. 1368) the last Whang-ti of the line was driven
to the north of the Great Wall by the forces of a Chinese
rebel, who established himself at Nanking as the first
Whang-ti of the Ming dynasty."

_T. T. Meadows
(Quoted in A. Williamson's "Journeys in North China,"
volume 2, chapter 4)._

In 1644 the Ming dynasty was overthrown by a domestic
rebellion in China, and a Manchu prince, called in by one of
the generals of the fallen government, established himself on
the throne, where his descendants have reigned to this day.

See CHINA:A. D. 1294-1882 (page 420) and after.

MANSFIELD, Lord, and Commercial Law.

See LAW, COMMON: A. D. 1756-1788, and 1783 (page 1973).

MARSHALL, John, as Chief Justice of the Supreme Court of the United States.

See UNITED STATES OF AMERICA: A. D. 1801 (page 3326).

MARX, Karl, and the socialistic movements of his time.

See SOCIAL MOVEMENTS: A. D. 1839-1894, 1843-1883, 1862-1872 (pages 2941, 2945, 2951).

MASAILAND, Exploration of.

See (in this Supplement) AFRICA: 1860-1861, 1871 and after.

MASHONALAND, English occupation of.

See SOUTH AFRICA: A. D. 1885-1893 (page 2965);
also (in this Supplement) AFRICA.

MASSACHUSETTS, Free Libraries in.

See LIBRARIES, MODERN (page 2021).

MASTER OF THE ROLLS.

See LAW, EQUITY: A. D. 1066 (page 1988).

MATABELELAND, English occupation of.

See SOUTH AFRICA: A. D. 1885-1893 (page 2965);
also (in this Supplement) AFRICA: 1888.

MEDICAL PROFESSION, Women in the.

See WOMAN'S RIGHTS: A. D. 1842-1892 (page 3658).

MENNONITES, The.

"The Mennonites take their name from Menno Simons, born in
Witmarsum, Holland, in 1492. He entered the priesthood of the
Roman Catholic Church, and in 1524 was appointed chaplain in
Pingium. Two years later he began to read the Scriptures,
which he had hitherto ignored. Becoming a close student of
them, his views on various doctrines soon changed, and he was
known as an evangelical preacher. … He renounced Catholicism
early in 1536, and was baptized at Leeuwarden. In the course
of the following year he was ordained a minister in what was
then known as the Old Evangelical or Waldensian Church. From
this time on to his death, in 1559, he was active in the cause
of evangelical truth, traveling through northern Germany, and
preaching everywhere. The churches which he organized as a
result of his labors rejected infant baptism and held to the
principle of non-resistance. A severe persecution began to
make itself felt against his followers, the Mennonites; and,
having heard accounts of the colony established in the New
World by William Penn, they began to emigrate to Pennsylvania
near the close of the 17th century. … Successive immigrations
from Holland, Switzerland, Germany, and, in the last
twenty-five years, from southern Russia, have resulted in
placing the great majority of Mennonites in the world on
American soil, in the United States and Canada."

_H. K. Carroll,
The Religious Forces of the United States,
chapter 28._

MICHIGAN WILD CAT BANKS.

See MONEY AND BANKING: A. D. 1837-1841 (page 2215).

MIDDLE AGES, Commerce of the.

See (in this Supplement) COMMERCE, MEDIÆVAL.

MILLS TARIFF BILL, The.

See TARIFF LEGISLATION: A. D. 1884-1888 (page 3085).

MINNESOTA, University of.

"Two years after the organization of the territory, the
Legislature petitioned Congress for a grant of 100,000 acres
of land to endow a university, and on the very day of this
petition two townships were set aside for that purpose. The
Legislature went on to enact that the University of Minnesota
should be established at or near the Falls of St. Anthony and
should have the income from all land thereafter granted by the
United States for University purposes. Under this grant the
regents selected a large portion of the lands and erected a
costly edifice, but they were soon obliged to mortgage both
building and lands in order to meet the obligations incurred.
Affairs were in this condition when Congress passed the act
admitting Minnesota to the Union, by which two townships of
land were granted for the use and support of a State
university. … Efforts were at once made to open the
university, but the financial crisis of 1857 and the Civil War
checked further action and encumbered the university with
debt. … The present organization of the university dates from
1868, when an act was passed 'to reorganize the University of
Minnesota and to establish an agricultural college therein.'
In the following year college classes were first organized.
The act of 1868 provided that the university should have the
income from the agricultural college grant. … From the
university lands that have been sold something over $800,000
has been received, from which there is an annual income of
about $37,000."

_F. W. Blackmar,
History of Federal and State Aid to Higher Education
in the United States
(Bureau of Education, Circular of Information, 1890, no. 1),
pages 295-297._

{3793}

MISSIONS, Christian, in Africa.

See (in this Supplement) AFRICA.

MISSISSIPPI RIVER: The question of navigation in dispute with Spain.

See UNITED STATES OF AMERICA: A. D. 1784-1788 (page 3293).

MORMONS: Abandonment of Polygamy.

See UTAH: A. D. 1882-1893 (page 3591).

MORRISON TARIFF BILL, The.

See TARIFF LEGISLATION: A. D. 1884-1888 (page 3083).

MORSE, SAMUEL F. B., Telegraphic inventions of.