normal Budget, in which those expenses shall be named which are sanctioned by existing laws, or by the ordinary requirements of the different branches of Administration.

But the total sum of each of the chief sections of this Budget must not exceed the average amount of those sums which have been sanctioned for the same purposes for the financial periods from April 1, 1856, to March 31, 1860. That part of this normal Budget which concerns the above-mentioned division of the army includes, besides the special expenses of said division, a fixed annual contribution to such military institutions, which, after the formation of this division, remain in common for it with the rest of the army. The amount of this contribution must, in the preliminary normal Budget, not exceed 21.64 per cent. of the average amount of the sums granted for the same purpose for the financial periods from April 1, 1856, to March 31, 1860.

§ 12. In future 21.64 per cent. of all revenues in common shall be credited the special Treasury of the Duchy of Holstein, with the exception of such contributions from the individual provinces of the country which are taken from their separate revenues (§ 10 in the preliminary Normal Budget of 28th February, 1856).

But the surplus of the revenues of the Royal domains in the Duchy of Holstein shall, against an annual fixed payment of 640,000 rix-dollars to the common Treasury of the Monarchy, belong to the special revenues of the Duchy of Holstein. With respect to the voting of the expenses which are to be defrayed from the revenues of these domains, the rules laid down in § 11 are applicable, though with observance of the Resolutions in our Patent of 23rd September, 1859, respecting a change in the posting and calculation of sundry revenues and expenses, relating to the domains in the Duchy of Holstein, in conformity with the Budget.

Should there, in any matter relating to the common revenues, be effected a restriction in the existing union, in accordance with the Resolutions in § 6, then the revenue thereby affected shall no longer be a common, but a separate

one.

§ 13. To cover the following common expenses of the Monarchy, a fixed annual contribution is to be made by the separate Treasury of Holstein; its amount can only be increased with the sanction of the Diet of the Duchy, viz. :

hitherto appearing in the budget as incidentals)

Rd.

173,000

80,000

15,000

1,187,000

52,000

440,000

The Ministry of Finance (including expenses of the Monarchy

133,000

The special Treasury of the Duchy will furthermore have to pay 21.64 per cent. of the amount required to defray common pensions of functionaries and their survivors, of inferior classes of the army, and of invalids, in accordance with the existing laws and regulations. Extraordinary pension-laws for functionaries acting in the Duchy under the Ministry for Common Affairs, and for their survivors, must be laid before the Diet.

Provided 21.64 per cent. of the annual amount required to pay the interest and liquidation of the national debt of the Monarchy can, in consequence of eventual alterations in the amount of the said debt, or in its interest or liquidation, permanently be reduced below the above-mentioned 1,187,000 rixdollars, then the fixed annual contribution from the special Treasury of the Duchy of Holstein shall be reduced in proportion. But the Duchy shall pay 21.64 per cent. of the eventual underbalance of the public fund for widows.

The Regulations in our Royal Patent of 23rd September, 1859, respecting the amount payable by the Duchy of Holstein to cover the common expenses of the Monarchy, during the financial period from April 1, 1860, to March 31, 1862, shall serve as a guide for the financial period from April 1, 1861, to March 31, 1862.

14. As regards provisional laws, and expenses not voted, the Regulations in paragraphs 15 and 17 of the Law respecting the Constitution of Holstein shall remain in force also in common affairs.

15. The State account is to be laid before the Diet for consideration, before it is adopted by us.

§ 16. Laws by which this law is altered, as well as laws which have in view a further development of the position of the Duchy of Holstein in the Monarchy, can only be made with the previous sanction of the Diet of Holstein.

Inclosure 3 in No. 154.

Draft of a Law respecting the Constitution of the Duchy of Holstein.

(Translation.)

§ 1. OUR Duchy of Holstein has, as an independent portion of the Danish Monarchy, its own legislation and administration with reference to its special affairs.

The special affairs are:

Every obligation consequent on the relation of the Duchy to the German Confederation.

Justice and police (with the exception of that part which is entrusted to the army), including the general legislation on the subject of municipal affairs, crimes, and magisterial proceedings;

Recruiting of naval or military forces which, in accordance with existing plans, or the laws emanating from the legislation for common affairs, are to be supplied by the Duchy of Holstein;

Supply of horses, provisions, fodder, quarter, and similar necessities, which the Duchy in a like manner is bound to contribute;

Church and education, including public schools, with the exception of those belonging to the army;

Municipal affairs;

Pauper establishments;
Trade and commerce;
Agriculture;

Taxation on real property, private fortune, income, and trade;

Stamps and all special revenues, expenses, and any new tax, having in view

a special income for the Duchy of Holstein;

The raising of funds required for the redemption of the assignats issued by the Holstein Treasury, as well as of any new debt incurred by the Duchy of Holstein on its own account;

Sanitary affairs;

Roads and railways;

Supply of free public conveyances for Government purposes;

Insurance;

Wrecks and salvage;

Militia;

Entailed estates, and public institutions;

The dykes;

Administration of the domains and forests in the Duchy.

§ 2. As special affairs, in common between the Duchies of Schleswig and Holstein, will be considered those which, in accordance with our Royal Patent of January 28, 1852, are not political institutions, namely:—

The University of Kiel;

The Order of Knighthood (Ritterschaft);

The Eider Canal (exclusive of the Customs Tariff);

Fire Insurance establishments;

The Prisons;

The Deaf and Dumb Asylum;

The Madhouse.

§3. The supreme power in special affairs of the Duchy of Holstein (§ which belongs to us, with the restrictions stipulated below, will be exercised by us through our Minister for the Duchy of Holstein and Lauenburg.

Royal Patents respecting the special Legislation and Administration of the Duchy of Holstein, must, in order to be valid, also be signed by our Minister for the Duchy of Holstein and Lauenburg, who by such act is made responsible. § 4. The Minister for the Duchy of Holstein and Lauenburg can be

prosecuted by us, or by the Assembly of the States, for violating the present Constitutional Law. In the latter instance, such complaint must be made through the President of the Assembly, whose functions continue in force so far as they may be necessary for the prosecution, after the dissolution of the Assembly, and is to be judged by the High Court of Appeal of the Duchy of Holstein and Lauenburg. Until a law has been issued with regard to the mode of prosecution and punishment, the High Court of Appeal shall proceed in the treatment of such a complaint in accordance with the usage observed in fiscal proceedings by the Holstein Chief Dyke Court; the trial to be held verbally and publicly, and the punishments to be inflicted in such cases are, dismissal or forfeiture of office; the last punishment deprives the person concerned of access to any office in the service of the State.

A free pardon can, in these cases, only be granted with the sanction of the Assembly of the State.

§ 5. The Evangelican-Lutheran Church is the State Church of our Duchy of Holstein. Its revenues must not be diminished, and must only be applied to its own purposes; and if, to accomplish such purposes, it be necessary to raise funds, they shall be supplied from the revenues of Holstein. The clergymen of this State Church shall continue, in future, as hitherto, to take part in the inspection and management of the public schools and the poor-houses.

§ 6. The King can disiniss the fnnctionaries appointed by him. Their pensions will be fixed by the Pension Law, or, until such a law has been made, in accordance with the rules hitherto observed. The functionary who is removed against his wish has a right to claim his discharge with usual pension.

Functionaries who only hold the office of Judge cannot be dismissed in any other manner than by law and judgment; but when they have completed their sixty-fifth year they can be removed by the Government, but in such case they are entitled to their full pay as pension. Such a measure may also, from other reasons, be taken with respect to the said judicial functionaries, when the majority of the High Court of Appeal, on special grounds, have sanctioned it.

7. For the purpose of settling disputes as to competency between the judicial and administrative authorities, a Tribunal of Competency, composed of administrative and judicial functionaries, shall be established.

Until a law to this effect has been made, we, however, reserve to ourselves the right of settling such matters in our Privy Council; but every one is bound, meanwhile, to comply with the orders of the police or local authorities. Any wilful disobedience of such orders is liable to a punishment which will be decided according to the judgment of the Court.

§ 8. Every person is entitled to publish his ideas through the press, under responsibility to the Tribunals. The present regulation will only come in force contemporarily with the emanation of a law on the subject of the public press, a draft of which we will lay before the next Assembly of the Land States. Until then the present law remains in force.

9. The public are entitled to form societies, with a lawful object in view, without previous permission. The Government have a right, until further, to forbid public societies, but in such case they are bound immediately to bring the question before the Tribunals for decision.

10. Any person imprisoned shall, within twenty-four hours, be brought before a Magistrate.

§ 11. The enjoyment of civic, as well as of political and municipal rights, is not to be depended upon or limited by profession of faith. With regard to political and municipal obligations no profession of faith can be a reason for exemption from their fulfilment.

§ 12. The Assembly of the Land States forms the lawful organ of the different classes of our Duchy of Holstein, and is composed of:

1. The person who, for the time being, is owner of the entailed estates of the Prince of Hessenstein, provided he has arrived at the age of twenty-five, and is in legal possession. He is at liberty to cause himself to be represented by a person qualified for election and owner of an estate, who is not already a member of the Assembly of the Land States.

2. Five deputies chosen from the Clergy of the Duchy of Holstein, elected by their own body in five clerical election districts..

3. Four deputies elected by the "Verbitteren" of the Convent of Itzehoe,

the Deans of the Convents of Preetz and of Utersen, and the members of the order of Knighthood of Holstein from among themselves (place of election Kiel).

4. Nine deputies elected by and among the possessors of noble and other large estates valued for taxation at 50,000, reals at least (place of election Kiel).

5. Sixteen minor landed proprietors, elected in sixteen districts. (Annex A to the Ordinance of 15th May, 1834.)

6. Fifteen inhabitants of towns and villages elected in twelve districts. (Annex B to the Ordinance of 15th May, 1834.)

Finally, we will permit the Academical Consistorium of the University of Kiel, under the superintendence of the Rector of the said University, to elect one member from its own body.

13. The Assembly of Land States to meet when summoned. In the regular course this will take place every second year, so that there will be three meetings in each election period, provided we do not find it necessary, before the expiration of that period, to dissolve the Assembly and order new elections under extraordinary circumstances, as often as we, according to events, deem it requisite. Each time we reserve to ourselves the right to decide whether, in the latter case, the next summons shall take place after the expiration of two years, or before. We can prorogue the Assembly for a certain time, though not beyond four months without its sanction.

If the Diet be dissolved, new elections shall take place immediately, and the new Assembly shall be summoned to meet, at the latest, within four months of the close of the elections.

We reserve to ourselves the right to decide the duration of the meetings of the Assembly.

§ 14. With respect to the special affairs of the Duchy of Holstein, new laws shall not be issued, and existing laws shall not be changed or abolished without the previous sanction of the Assembly of the Land States, and in any such laws the sanction of the Assembly shall be distinctly referred to.

But this decision shall not be applicable to the Federal Resolutions published in the Duchy of Holstein, in accordance with the Constitution of the Confederation.

§ 15. In certain cases, when the States are not assembled, the King may issue preliminary laws, which must, however, not be in opposition to the Constitution, and shall always be laid before the next Assembly for approval.

§16. The special revenues of the Duchy of Holstein are those derived from its own sources of income, or collected with reference to special expenses. Special expenses of the Duchy of Holstein are those which concern its separate affairs, as also the contribution due from the Duchy to the common expenses of the Monarchy.

17. A normal Budget, containing the ordinary expenses of the Duchy of Holstein, will be fixed by law. be changed by law for each biennial financial period; the and expenses will be voted by a special additional law.

special revenues and This budget can only extraordinary revenues

No expenditure, with the exception of the contribution due from the Duchy of Holstein, on account of the common expenses of the Monarchy (§ 16) and the disbursements to the German Confederation (§ 1), must be incurred, which is not sanctioned in the said Budget, or by a separate law. But the King can, under extraordinary circumstances, sanction expenses which have not been voted. Such a resolution must always be taken by the King in Privy Council, and must be countersigned by the Minister for the Duchy of Holstein and Lauenburg who, by such act, becomes responsible.

The public State account, concerning the special revenues and expenses of the Duchy of Holstein for each financial period, has to be approved by law. The King regulates the Budget until it is finally established by law. But the total amount of expenses for each Head Department must not exceed the average amount of that sum which has been granted for the same purpose in the Budgets for the financial period from 1st of April, 1856, to 31st of March, 1860.

18. With regard to the non-political institutions and establishments common for our Duchies of Schleswig and Holstein, which are to be administered, in union, by our Ministers for the Duchy of Schleswig and for the Duchies of Holstein and Lauenburg, changes in the code of laws can only take place after a

previous deliberation of the Assembly of our Land States of the Duchy of Holstein, except with reference to Eider Canal dues. If these changes should increase the expenses hitherto allowed by law, then the Assembly will have to decide as to the manner of payment of that portion of such expenses which is to fall on our Duchy of Holstein,-our Royal sanction thereto being reserved.

§ 19. The meetings of the Land States are public, except at the period of voting on matters which have been discussed, and when the deliberations of the Assembly are to be discussed. When required by our Commissary, when ordered by the President, or when demanded, in writing, by at least ten deputies, strangers must temporarily withdraw; but it depends upon the resolution of the Assembly whether the meeting shall continue to be secret or again become public. The Resolutions of the Assembly shall be decided by plurality of votes. If the votes be equal in number, the President of the Assembly will decide the matter by his vote.

§ 20. The Assembly of the Land States is entitled to apply to us with respect to changes in the code of laws, relating to matters within their sphere of action.

§ 21. The Assembly of the Land States shall likewise be entitled to forward and support proposals, petitions, and complaints, respecting such administrative arrangements in our Duchy of Holstein as concern its special affairs. With regard to such petitions, as well as those mentioned in the foregoing paragraph, we shall communicate our resolution to the Assembly of the Land States, provided it be still assembled; if not, to the next ordinary or extraordinary meeting of the Land States.

§ 22. During the Assembly of the Representatives no member can be arrested for debt without the consent of the Diet, nor can he be imprisoned, or be accused, if not taken in the act of misdeed. No member can be made responsible for expressions used by him in the Assembly without its consent.

23. For participation in the elections of Deputies to the Assembly of the Land States is required

1. The right of a native, or ten years' residence in our Duchy of Holstein. 2. To have completed one's twenty-fifth year at the time of the election. 3. Unspotted reputation. Whoever has lost his honour, his office, or his rights as a citizen, in a legal proceeding, or who has been condemned to forced labour, or who has been tried for a crime, and not been entirely cleared, is excluded from the rights of election.

4. Right of managing one's own property. Whosoever has been legally declared incapable of managing his own property, or who, of his own free will, has given up the management of it; whoever has, in the two years preceding the election, been in private service, without a home of his own; whoever has received aid from the poor-box, and has not repaid it,-is excluded from participation in the elections.

5. Uninterrupted residence during the last year, previous to the election, within our Duchy of Holstein. This rule does not apply to those who, in the fulfilment of their military or naval duties, have resided out of the Duchy of Holstein. Journeys on business or pleasure are not considered as interruptions of this residence.

6. For the great landed proprietors, besides the foregoing qualifications stated in Nos. 1 to 5, actual ownership of or entailed possession of a noble estate, or of a farm, at the time of election, taxed, at least, to the value of 50,000 rix-dollars.

7. For the inhabitants of the provincial town, electoral districts of the Duchy of Holstein, consisting of towns, boroughs, and the tracts altotted to them, besides the conditions contained in Nos. 1 to 5, the freehold possession of a piece of land, insured for, at least, 800 rix-dollars in the Fire Insurance Office, or taxed in house tax to that amount, within the electoral district at the time of the election.

8. For the inhabitants of the rural elective districts, besides the requirements mentioned Nos. 1 to 5, the possession, in freehold or hereditary leasehold, of a landed property within the elective district in question which, for payment of assessed taxes, has been valued at 800 rix-dollars at lowest.

9. For the members of the Holstein nobility ("Ritterschaft "), clergy, and of the University of Kiel, the requirements mentioned, Nos. 1 to 5, are necessary.