Making Sense of Constitutional Monarchism in Post- Napoleonic France and Germany

Making Sense of Constitutional Monarchism in Post- Napoleonic France and Germany

Also by Markus J. Prutsch DIE CHARTE CONSTITUTIONNELLE LUDWIGS XVIII. IN DER KRISE VON 1830 FUNDAMENTALISMUS Das Projekt der Moderne und die Politisierung des Religiösen INTER- TRANS-SUPRA? Legal Relations and Power Structures in History (edited with Eliana Augusti and Norman Domeier) LA NUOVA STORIA COSTITUZIONALE (editor)

Making Sense of Constitutional Monarchism in Post- Napoleonic France and Germany Markus J. Prutsch Researcher, European Parliament

Markus J. Prutsch 2013 Softcover reprint of the hardcover 1st edition 2013 ISBN 978-0-230-31649-2 All rights reserved. No reproduction, copy or transmission of this publication may be made without written permission. No portion of this publication may be reproduced, copied or transmitted save with written permission or in accordance with the provisions of the Copyright, Designs and Patents Act 1988, or under the terms of any licence permitting limited copying issued by the Copyright Licensing Agency, Saffron House, 6 10 Kirby Street, London EC1N 8TS. Any person who does any unauthorized act in relation to this publication may be liable to criminal prosecution and civil claims for damages. The author has asserted his right to be identified as the author of this work in accordance with the Copyright, Designs and Patents Act 1988. First published 2013 by PALGRAVE MACMILLAN Palgrave Macmillan in the UK is an imprint of Macmillan Publishers Limited, registered in England, company number 785998, of Houndmills, Basingstoke, Hampshire RG21 6XS. Palgrave Macmillan in the US is a division of St Martin s Press LLC, 175 Fifth Avenue, New York, NY 10010. Palgrave Macmillan is the global academic imprint of the above companies and has companies and representatives throughout the world. Palgrave and Macmillan are registered trademarks in the United States, the United Kingdom, Europe and other countries. ISBN 978-1-349-33977-8 DOI 10.1057/9781137291653 ISBN 978-1-137-29165-3 (ebook) This book is printed on paper suitable for recycling and made from fully managed and sustained forest sources. Logging, pulping and manufacturing processes are expected to conform to the environmental regulations of the country of origin. A catalogue record for this book is available from the British Library. A catalog record for this book is available from the Library of Congress. 10 9 8 7 6 5 4 3 2 1 22 21 20 19 18 17 16 15 14 13

Contents Diagram Acknowledgements vii viii 1 Introduction 1 1.1 Subject and focus of research 1 1.2 Analytical approach 7 1.3 Outline of chapters 8 2 The Charte and Constitutional Monarchism 10 2.1 The prelude to the Charte 10 2.1.1 End of the Napoleonic empire and restoration of the Bourbons 10 2.1.2 The Senatorial Constitution of 6 April 1814 15 2.2 The genesis of the Charte constitutionnelle 18 2.2.1 The return of the King and the Declaration of Saint-Ouen 18 2.2.2 The Constitutional Commission and the Enactment of the Charte 22 2.3 The provisions of the Charte constitutionnelle 25 2.4 Purloined revolution and political innovation 30 2.5 Conclusions 35 3 Constitutional Discourse and Political Reality in Post- Napoleonic Germany 39 3.1 Beginnings of constitutional reception 39 3.2 Constitutional debate and models around 1815 44 3.2.1 The nature of constitutional discourse 44 3.2.2 Perception of revolutionary constitutionalism 48 3.2.3 Perception of the English Constitution 53 3.2.4 Perception of constitutional monarchism 56 3.2.5 Discourse on Landständische Verfassung 61 3.3 Political reality and the ruling class 65 3.4 Conclusions 69 4 Transfer and Reception: Bavaria and Baden as Case Studies 74 4.1 Framework for constitutionalisation 74 4.1.1 Bavaria 74 4.1.2 Baden 79 4.1.3 Conclusions 83 v

vi Contents 4.2 Genesis of the Constitutions 84 4.2.1 Bavaria 84 4.2.2 Baden 93 4.2.3 Conclusions 101 4.3 Text of the Constitutions 103 4.3.1 Bavaria 103 4.3.2 Baden 108 4.3.3 Conclusions 112 4.4 Interim results 114 5 Constitutional Practice: A Comparison 121 5.1 Bavaria 121 5.2 Baden 141 5.3 France 152 5.4 Conclusions 171 6 Constitutional Monarchism: Reflections in Political Thought 178 6.1 French perspectives 179 6.2 German perspectives 185 6.3 British perspectives 199 6.4 Conclusions 201 7 Results 205 Notes 222 Bibliography 293 Sources 293 Unprinted Sources 293 Printed Sources 294 Literature 306 Index 327

Diagram 2.1 The political system of the Charte constitutionnelle (1814) 36 vii

Acknowledgements According to Cicero, gratitude is not only the greatest of virtues but also the parent of all others. On this note, I would like to take this as an opportunity to say a collective thank you to all those who have accompanied and very much enriched my work over the last few years, and without whom its completion would not have been possible. I would again like to underline how very grateful I am to all those who actively supported me in the putting together of my Ph.D. thesis, which I submitted to the European University Institute, Florence in autumn 2009, and on the findings of which the present monograph is largely based. My special thanks go to Prof. Heinz- Gerhardt Haupt, my supervisor and dedicated mentor during my time in Florence and beyond, and to the staff of the archives and libraries with whom I had the pleasure of working. For his most generous support in the drafting of this book I am greatly indebted to Prof. Volker Sellin, who has accompanied my research since my university studies at Heidelberg with his valuable advice and kind understanding, and whose exemplary sharp intellectual character together with his modest and unpretentious nature I hold in high esteem. I would like to express my sincere gratitude both to him and all my colleagues and friends with whom I have discussed this book project at different stages and whose comments have been taken on board in this manuscript. These include my fellow researchers in the EReRe project at the University of Helsinki, with whom I share the memory of having worked in a truly collegial working environment between 2009 and 2012, as well as Doris Spickenreuther, Urban Kirchler and Andrea Maier, who have supported me in revising the manuscript. Above all, my thanks go to Deborah Fö lsche- Forrow, who has not only been a true friend for many years but who has also contributed to the actual form of my work more than anyone else: cordial thanks for all the countless hours spent on improving the manuscript and helping me understand the secrets of the English language, not least when facing the difficulties of translation! It is to her that I would like to dedicate my humble work, and to my entire family, who have been of immeasurable inspiration and an indispensable mainstay for my studies: you have been a constant source of strength and encouragement throughout the years, and as simple as my Dankeschön may sound, it is all the more heartfelt. Brussels, May 2012 viii