Toward a New Central Europe

PRlNCIPLES OF A POLITICAL CONSTITUTION

WITH REGARD TO THE SOLUTION OF THE NATIONALITY

PROBLEM. (5)

Preface

The Disappointing Example of French Centralized Etatism

The example of the French Republic furnished striking proof of a thesis, which I have maintained all of my life. viz. that in order to guarantee both the rights of the individual and the freedom of the people it is not sufficient to just pronounce the sovereignty of the people, if the power of government is too extensive, and in case any assembly whatsoever, though elected by universal suffrage, is constituted as the sole organ of that sovereignty, the said assembly being vested with unrestricted legislative powers, and forming at the same time the only legal barrier against the encroachments by the government on the rights of the individual and on political freedom.

We have seen a President of the French Republic (6) elected by general suffrage, rebel with impunity against the honor, the dignity and the liberty of his country.

We have seen a legislative assembly, likewise elected by universal suffrage, even do away with that same universal suffrage, the source of its own mandate.

We have seen how, through the criminal coagency of these two unrestricted powers not only were all rights, all liberties violated, all guaranties broken, all democratic institutions falsified and perverted, the Republic turned into a falsehood, but also how thereby the nominal existence of that very republic was called in question, so much so that before these all-powered organs of the people's sovereignty republican sentiments and attachments to the Republic had assumed the character of crimes, and that the poor French Republic had been reduced to a point where, as Th. Moore said deploring the fate of his country:

"It is treason to love her, and death to defend her."

Poor France! Here you are in need, not being able to guard yourself against the loss of everything you have gained by so many revolutions, except by resorting to a new revolution!

It is very sad, indeed! But it is quite natural! I have foreseen it,

119

I have publicly foretold it the very day when reading the constitution of the French Republic I became aware that France, in spite of all those trials, has not yet learned to rid herself of that fatal propensity to centralize power, a propensity so flattering to the vanity of glory, but at the same time so injurious to liberty!

Do you expect that a government having at its disposal a numerous standing army which is subject to a rigorous discipline, such as is indispensable for the existence of such an army, disposing of an annual revenue of one and a half milliards, controlling all offices and employment's, even those of mayors of communes; having the power to disband the National Guard, to establish martial law in the country, etc. and all this subject only to the condition of not being disapproved by the majority of an assembly who in their turn are covetous of governing and of sharing the advantages, which the government doles out; do you expect that such a government should not have ambitious desires? Do you expect an all-powerful assembly not to take advantage of its absolute power?

But this would directly run counter to human nature - in order to succeed nothing less would be required than a nation of Washingtons! Washingtons, however, are very rare!

However, it may very well be that this unhappy propensity to centralization, sprung from the inexhaustible source of traditional sentiments, originates in the character of the French people, thus being sort of fated; in this case, it is to be regretted rather than found fault with, for the hearts of nations, like those of the individuals, may easily break, but change only with great difficulty; thus France will still have to undergo many trials until she contrives to change that fatal trait in her character.

State Sovereignty Should Not Suppress the Inalienable Rights of the Individual, the Family, the Town and Community, the Autonomy of the Church, the Rights to Nationality and Freedom

I am a Hungarian, knowing the character of my people, whose propensity lies in the opposite direction, whose traditional sentiments, though immutable, rebel against any kind of centralization, I who am not striving the vanity of a conqueror's glory for my country, I, striving only after true liberty and the happiness of complete democracy for my country, I loath the centralization of power, I detest the claim to omnipotence both in government and in legislation; I shall never aid the introduction in my country of similar institutions which I consider absolutely incompatible with the inalienable rights of man - by the centralized state. Political freedom cannot be combined with a centralization, diametrically opposed - according to its natural direction - to liberty.

I wish that these rights, this liberty be secure from the encroachments of authority. There follows a rough draft of the principles

120

of political organization, as I should submit it for approbation to the people of my country.

Fundamental principle: Sovereignty of the people constituted in a democratic republic.

But the people as a whole this totality of all the citizens of a country, revealing themselves through universal suffrage and the functions of the mandatories elected through that suffrage - will only in matters common to the state as a whole be the sole organ of this sovereignty.

The individual with regard to his personal rights - the family in family matters - the commune in communal matters - and the county in county matters - are likewise the organs of the said sovereignty!

Even the most absolute despot had never dreamt of taking families in the management of their domestic business under his tutelage, merely on the strength of the possibility that they might mismanage their affairs.

Thus the same liberty, the same right must be reserved for the individual, the commune, the province or county.

Men must be free in the exercise of their individual rights, free in their domestic affairs, free in the business of the commune, free in that of the county.

The rights of the individual cannot be subjected to the will of the family, of the commune, of the province, of the state; on the contrary, the commune must afford them support and protection against the tyranny of the family, the province against that of the commune, the state against that of the province, and the inviolable principles of the constitution against that of the state; they must also find support and protection in the communes and provinces being entitled to refuse to act as executives of the state's tyranny; finally, the actual responsibility of the public officials must guarantee to every individual, to every family, to every commune, to every province the right of lodging complaints against and claiming damages from any officials whatsoever before the duly constituted tribunals.

The liberty I have just claimed for the individual, I claim likewise for the communes, for the provinces.

I cannot content myself with that homeopathic dose of liberty which consists of being entitled to go periodically to the polls with millions of my fellow citizens - I also want to enjoy individual liberty and a continuous influence on communal and provincial affairs.

Bill of Inalienable Rights

Therefore: The individual rights of man (to be enumerated in the constitution) do not fall within the province of state legislation.

Among these rights are: freedom of thought (of the press), freedom of worship (of religion) and freedom of association

121

I hold that it is an inviolable right of the individual to freely associate with others with the view to the development, protection and safeguarding of both their moral and materials interests.

People of the same creed, of the same religious associate - the churches are such free and independent associations that govern themselves at their discretion, according to the principles of their respective cults, of their respective religions. They have nothing to do with the state, and the state has nothing to do with them. (That is liberty.)

The Right to Nationality is inalienable, - has nothing to do with the State. Nationalities may freely, like religions, form associations, autonomous bodies irrespective of denominations or political frontiers. They will draw up statues for their associations, and will govern them in accordance with these statutes. The association will have nothing to do kith the State and the State will have nothing to do with it. (Here again we have liberty, here we have social nationality guaranteed by the freedom of association.)

Communities and Towns. Rights of minorities

Let us pass on to the commune.

The commune is free and independent in the administration of communal affairs. The organization of this administration is based on the inviolable principle of universal suffrage, by all those that compose the commune.

The constitution states the required condition of an aggregation of several families to qualify for being considered a commune; it recognizes the inviolability and immutability of universal suffrage, and of the right of every official being recalled by those who elected him; but beyond that, neither the county, nor the government, nor the legislature have the right to interfere with the administration of communal affairs. Consequently every commune stipulates itself in which language it will be administered. They draw up their reports, write their correspondence, their petitions addressed to the counties, to the government, to the legislature in the language they have chosen for the communal administration, and they will receive the reply of the county, or the government through the intermediary of the county in the same language. (So much for nationality politics in the commune.)

But the constitution guarantees to the minority the right of lodging a complaint, or of addressing a demand to the commune, and of pleading its cause before the tribunals in its own language, or, what is more, the right of forming into a separate commune, provided it meets the requirements established by the constitution for the formation of a commune. (So much for the protection of the minority against oppression by the majority.)

Among the conditions indispensable for the constitution of a

122

commune is the establishment of at least one primary school maintained and administered by the commune. The language used in this school will be one chosen for the administration of the commune. ( So much for the development of the nationality in the commune.)

But the constitution guarantees to the minorities the freedom of educational activities both in the commune and in the associations (as the church, national associations, associations of farmers, manufacturers, trades people, etc.) Everyone has the right to open and maintain schools under the sole protection of the public, and everybody is entitled to avail himself or herself of any schooling that might be had. (So much still for the guaranty of the rights of the individual, and those of minorities.)

As to the primary schools of communes, neither the county, nor the government, nor the legislature have the right of interfering with them; the legislature, however, in view of the common interests of the State may prescribe a minimum of public instruction, e.g. every citizen being obliged to defend the country against any aggressor, it is necessary that elementary military instruction (drill and the fundamental maneuvers) should already be given in the communal schools. The communal official in charge of directing the school is responsible to the government, which latter is vested with the right of inspection, which it may, however, exercise only through the county.

So much for the sovereignty of the inhabitants of communes in communal matters.

But the commune and its officials as elected by the inhabitants of the commune are also the performers of the decrees issued by the county, of the orders issued by the government, and of the laws issued by the legislature of the county in all matters reserved to the county, the government, and the legislature respectively. (A true democracy: the people make the laws and the people carry them into effect.)

For the performance of the above duties the respective officials of the commune are responsible to the county and to the government. (So much for the efficiency of the government.)

But the government cannot get into direct touch with the communes; it may send them orders only through the intermediary of the respective county. The rights of the county will be outlined below. (So much for the barrier to protect the communes against oppression by the government.)

The Counties (Cantons)

Let us pass on to the discussion of the counties. The government establishes the boundaries of the counties, into which the county will be divided.

123

In so far as geographical conditions permit, the boundaries will be so established with regard to the diverse nationalities that, as far as possible, inhabitants speaking the same language live together in the same county. The principles, which I have just established for the administration of communal affairs, will in a similar manner apply to the administration of the affairs of the counties. The counties are composed of the representatives of the communities, who may be recalled at any time and are elected periodically by the inhabitants of the communities on the principle of universal suffrage.

The county-assembly decides in its first session by a vote of majority, which will be the language to be used in the administration of the county for the duration it is in office. It will thereafter carry on its correspondence with the government in the language so chosen. (So much for the national policy in the county.)

Kossuth s paper ends with an apology for the errors he may have unwittingly committed in 1848-49: I openly confess with full sincerity of the brotherly feelings in my heart if the wishes of the other nationalities escaped my attention, it was because they were not brought to my knowledge. But our co-citizens of other languages may be convinced that the Hungarian nation has long since buried the previous mutual grievances. It offers its hand in brotherhood and is willing to give freely what one brother may offer to the other.

PLAN FOR A DANUBIAN CONFEDERATION

(First published in the Italian review Alleanza May 1, 1862.) Since the undoubtedly peculiar conditions of countries situated between the Carpathians and the Danube, the Black Sea and the Adriatic render the formation of a unified state very difficult, it is desirable that the old historical states in this region should enter into a federation with one another, which might be called "Danubian Confederation." In addition to the affairs of mutual interest, which would be attended to by the federal authorities, the legislation, jurisdiction and administration of each state would be entirely independent. By extensive decentralization and by allowing ample freedom to each community and province, all inhabitants of the federation could develop without hindrance, and each people could occupy the place due to it in the great family of humanity. The basis of the new order in the Danubian countries would be the free consent of the peoples concerned either by a constitutive assembly or by universal vote. For instance, the inhabitants of Transylvania would decide by general vote whether their country shall be one with Hungary, or whether it shall be politically united and administered separately from Hungary or, finally, whether it shall be only in alliance with Hungary and the other federated states, as

124

an autonomous state, on the basis of complete equality. Concord between the Hungarians and Rumanians, which is my most fervent desire, would secure well-being and freedom to both. I sincerely hope that we shall attain that great object.

Should the oriental question be solved by the independence of the Christian peoples, it would be desirable that Serbia and the other Southern Slav countries also join the Danubian Confederation which would then extend from the Carpathians to the Balkans and consist of Hungary, Transylvania, Rumania, Croatia and the provinces eventually to be appended to Serbia, etc.(7)

For the solutions of such delicate questions as could not be agreed upon by the peoples the mediation or verdict of friendly powers could be requested.

Principles of a Federal Covenant

The covenant of the confederation would be drawn up by a legislative assembly, on the basis of certain principles, some of which I am going to indicate.

1.) Affairs of mutual interest would be the defense of the territory of the confederation, foreign policy, foreign representation, the commercial system including commercial legislation, customs, the principal lines of communication, weights and measures.

2. ) All questions concerning the military and naval forces, fortresses and naval ports would be regulated by the authorities of the confederation.

3. ) The individual states of the confederation would have no separate representatives at foreign courts, the diplomatic service will be one and common for all states.

4.) Customs affairs will be common, and the revenue of the customs will be divided among the individual states in accordance with the decision reached in this matter by the legislative assembly. Commercial legislation will be common. One currency, one system of weights and measures throughout the whole confederation.

5. ) The legislative assembly will likewise decide whether the federal assembly (parliament), which exercises the legislative power, shall consist of one chamber or of two, as in the United States of America. In the latter case, the members of the House of Representatives will be elected in proportion to the number of inhabitants of the individual states. In the Senate, large and small states will be represented by the same number of members, which principle constitutes an excellent guaranty for the smaller states.

6. ) The exclusive power will be exercised by a federal council to be elected by the chamber (if there is to be only one) or by both

125

chambers (if there are to be two). The council will direct the foreign policy, too, under the control of the legislature.

7.) The legislative assembly will decide which is to be the official language of the confederation. In the exercise of the executive power every member can use his own mother tongue.

8.) The towns: Budapest, Bucharest, Zagreb and Belgrade, will be the seats of the authorities of the confederation by rotation.

9.) The head of the state, in which the authorities of the confederation will reside according to the above order, will be at the same time the president ad interim of the federal council and of the confederation.

10.) Each individual state makes for itself such a constitution as agrees best with its interests, provided, of course, that the principles of that constitution be not in conflict with the principles sanctioned by the confederation.

The Rights of Nationalities and Religious Bodies:

Nationalities like religious denominations, may organize in free associations, irrespective of political frontiers and administrative boundaries.

11.) The relations of the various nationalities and religious denominations would be regulated on the following basis:

a. ) Each community decides its official language itself . That language will be used in its oral deliberations, its reports and communications to the chief of the country, its petitions to the government and the diet. Each community decides also as to the language of its instruction in schools.

b. ) Each country decides by a majority vote which language shall be used in the administration. The oral deliberations and protocols, as well as the correspondence with the government will be this language.

c.) In the discussions of the parliament, each representative may use at pleasure any of the languages current in the country.

d.) The laws will be promulgated in all languages current in the counties and communities.

e. ) In the interest of their nationality the inhabitants of the country can freely unite into large national associations (consortii), organize themselves at will and hold smaller or larger meetings and periodical conferences for the settlement of their religious affairs. They may also elect a national chief, whom they may call Woyvode, Hospodar, or some similar name.

f. ) They can entrust the nationality associations with taking measures in regard to their churches and schools, freely electing their prelates, calling them patriarchs, metropolitans as the case may be.

126

g. ) They can enact statutes in regard to their organization and their nationality and religious interests.

h. ) The state demands from them only one thing, viz. that their decisions and acts be made public.

Mutual Understanding Between Hungarians, Slavs and Rumanians

I trust that all Danubian countries will accept the above propositions, for they are in accordance with their desires and interests, and secure their future. Thus we should succeed in creating inner harmony between them the first consequence of which would be the fall of the tyrants and the crumbling away of the senile and decayed states which keep them now in bondage and hinder them in their noble endeavors. In the name of Heaven, I entreat the Hungarians, Slavic and Rumanian brethren to throw a veil on the past and to stretch out their hands to each other, rising like one man for their common liberty and fighting all for one and one for all according to the old example given by the Swiss. In the name of Heaven, I entreat them to accept the plan, which is not a concession, but a mutual and free confederation. Each nation of the lower Danube, even if it should succeed in gathering around itself its racial relations now belonging elsewhere - could form, in the best case, only a second-rate state, the independence of which would incessantly be in jeopardy, and which state would necessarily be subjected to foreign influences. But if the Hungarians, Southern Slavs and Rumanians accept the above plan, they will form a firstrate, wealthy and powerful state, which will weigh heavily in the balance of Europe.

Unity, concord, fraternity among the Hungarians, Slavs and Rumanians! This is, indeed, my most fervent desire, my most sincere advice! Here is a smiling future for all of them!

(1) The following texts are from a manuscript: The Federalist Papers of Louis Kossuth which gives the original explanation and historical background of Kossuth's partly unpublished papers on the Confederation of the Danubian nations. The manuscript of Bela Talbot Kardos was awarded a Gold Medal Award from the Cultural Meeting of Hungarians in America, Cleveland, November, 1962. In the following pages we publish some excerpts of Kossuth's more extensive and detailed plans.

(2) "Main Principles of Federalism and Self Government" was written by Louis Kossuth in Katahia, Asia Minor, June 15, 1850 in the first year after the collapse of the Hungarian Revolution of 1848-49. The original manuscript is in the archives of the Hungarian National Museum, Budapest, No. 342, Kossuth's

127

(3) Kossuth wrote this plan while a guest of the Sultan on Turkish soil. Point 3 is antiquated.

(4) Under ìcountiesî, Kossuth understands not only administrative subdivisions of a state but suo jure existing self-governing units resembling Swiss cantons. The word "county" may be replaced by "Canton".

(5) Written in Kutahia, Turkey in 1851 during his exile in Asia Minor. This sketch w-as published in French translation in the book of Iranyi-Chassin: "Histoire politique de la Revolution de Hongrie, 1847-1849" (Paris, 1859, Appendix ) .

(6) Here Kossuth means Louis Napoleon who misused his name and power ill order to become Emperor of France.

(7)When Kossuth conceived this plan, the Turkish empire still included the Northern part of the Balkan Peninsula.

Editor's note: Items 8 and 9 on p. 118 seem to be impractical as they exclude the establishment of a permanent federal government and its offices. Instead of a changing seat of government, in a convenient central location a federal Capitol should be built - Kossuth's plan of 1862 did not include the provinces of Austria, therefore Vienna, Prague etc. are not listed ill this paragraph.

128

Toward a New Central Europe