Читать книгу The New German Constitution - René Brunet - Страница 9

While the Empire was collapsing there arose quickly on the ruins of the old edifice a new structure. In place of the Empire, the government of a bourgeois and military oligarchy, came the dictatorship of the proletarian masses at one blow, the republic of the working class. Everywhere Councils of Workers and Soldiers were formed, which, taking political power in their hands, appeared to be thereafter the only and real holders of sovereignty.

But the Councils lacked the needed agreement in aim and action. Two diametrically opposed tendencies divided the new powers in control. On the one hand the members of the Social Democratic party within the Councils pursued a purely political goal—the creation of a German republic on a democratic basis to be effected by a Constituent Assembly to be convoked as soon as possible. On the other hand the Independent Socialists, the Communists, the Spartacists and other left wing elements set up as the principal aim an economic change—the quick and complete socialization of all means of production. But they also had in view a political objective, the establishment of a dictatorship of the proletariat on the model of the Russian Soviet Republic, by the complete organization of the system of Councils of Workers and Soldiers. The particular question on which the antagonism between these two groups broke out was whether or not there should be called a new constituent assembly.

The revolution was undoubtedly the work of the Independents. Their leader, Ernest Däumig, had been to Moscow to study the Bolshevist movement, and Russia had come back with him in the persons of Joffe and his agents of propaganda. Already during the strikes of January, 1918, which had been organized by them, there had appeared for the first time in Germany Workers Councils; and in the days preceding the insurrection of November, 1918, Councils of Workers and Soldiers had been secretly organized at Kiel as well as in Berlin. The Social Democrats, on the other hand, to the last moment warned the people against the consequences of an ill-considered insurrection. But when the success of the revolts seemed assured it was seen that many who had condemned it were now joining it. Thanks to Maximilian of Baden it was the Social Democrats, Ebert and Scheidemann and the trade unions that were installed in power on the 9th of November, 1918. The history of the German revolution is the story of a revolution made by one political group and its fruits garnered by another. At first the two Socialist parties divided power equally. But after several weeks of collaboration the Social Democrats eliminated the Independents and remained in sole control of the government.

1. At first the two socialist parties participate equally in control.—On the 9th of November early in the afternoon Ebert had received from the former Imperial cabinet his functions of Chancellor of the Empire. He considered himself such at the time. His intention was to nominate Scheidemann and Landsberg as secretaries of state, but to keep in the cabinet the old state secretaries; in addition to which the Independent Socialists were to enter the government. He proclaimed immediately several decrees signed, “Chancellor of the Empire, Ebert.”

It must be observed that up to then the change which had been brought about constituted without doubt a revolution, but a revolution remarkably moderate. It is true that constitutional right did not give the Chancellor the authority to name his successor; from the legal point of view the nomination of Ebert certainly constituted a violation of the old constitutional law. Nevertheless in its outer aspect the new government with Ebert at the head sought to appear as the expression of the will of the former government. The idea of a radically new law had not yet made its appearance.

In the course of a few hours, however, the situation completely changed. The Independents submitted as the condition of their entry into the government the following twofold demand: The cabinet was to consist only of socialists, and it was to recognize officially that political sovereignty resided in the hands of the Workers and Soldiers Councils. The next day the Social Democrats accepted these conditions—for the Independents were still the actual power in control and “the street belonged to them”—and a government of six chiefs was constituted. It comprised three Socialist Democrats, Ebert, Scheidemann and Landsberg, and three Independents, Haase, Dittmann and Barth.[5] In the evening there was held at the Busch Circus a plenary session of the Workers and Soldiers Councils of Berlin. This assembly passed a resolution which declared among other things the following: “Old Germany is no more. The dynasties are gone forever. The holders of thrones are stripped of their power. Germany is now a Republic, a Socialist Republic. The Workers and Soldiers Councils are now the holders of political power.” Then the assembly nominated an executive committee (Vollzugsrat) of twenty-four members, six Social Democrats, six Independents, and twelve Soldiers, and they proclaimed as the men in control of the government the six named above.

Following this meeting the cabinet was constituted. It formed a “college” of which all the members had equal rights and which took the name of “Council of Commissars of the People” (Rat der Volksbeauftragten); Ebert and Haase were nominated chairmen. All the decrees of the government would have to be promulgated by these two in accord and signed jointly by them. It was, so to speak, a Chancellorship of two.

The Council of Commissars of the People thus found itself invested with political power by the General Assembly of the Councils of Workers and Soldiers of Berlin. Making immediate use of its power the Council of Commissars issued on November 12, 1918, a proclamation which constituted a declaration of rights of the new régime: The state of siege was revoked. Freedom of assembly and meeting were restored without restriction. All political offences were amnestied. The eight-hour day went into effect on January 1, 1919. All elections thereafter would be held on the basis of equal, direct, universal suffrage based on proportional representation for all men and women who had passed the twentieth birthday, etc.

But difficulties arose soon between The Council of Commissars of the People and the Executive Committee of the Workers and Soldiers Councils of Berlin. Each of these two bodies considered itself the chief holder of sovereignty and launched proclamations issuing orders. It became absolutely necessary to put precise limits to their respective powers. That was the object of an agreement reached by these two bodies November 22, 1918.

According to the terms of this agreement sovereignty belonged wholly to the Executive Committee. The Council of Commissars was to exercise executive power under the permanent control of the Executive Committee.

The latter had the power to nominate or recall members of the Council of Commissars. In reality the situation was somewhat different; for the Council of Commissars exercised to some extent legislative powers according to which it claimed the right to issue decrees that had the force of laws.

For a month the two bodies worked in this accord. Collisions occurred, of course. The functionaries of the old régime endured impatiently the supervision of the Councils of Workers and Soldiers. Inflaming rumours circulated of the extravagance with which these Councils managed the public finances. Worst of all was the increasing opposition that developed all over the country to the Executive Committee of Workers and Soldiers Councils, which, consisting exclusively of Berlin members, claimed to represent the Councils of all Germany and which acted in effect as though it were delegated by the Councils of the whole country. The fact that on November 23 this Executive Committee had added to itself a certain number of delegates of Workers and Soldiers Councils of states other than Prussia, delegates who had authority to deliberate in matters that concerned all of Germany, did not strengthen the position of the Executive Committee. Meanwhile, however, its machinery appeared to be functioning.

2. The social democrats eliminate the independents and remain in sole control.—In the struggle that ensued among socialists, the Social Democrats brought to their side the support first of individual states, then that of a general Congress of Workers and Soldiers Councils.

1. From November 10 Ebert and his party showed an increasing determination to call a constituent assembly. However, they did not attempt to act upon it at once, being restrained by the strength that still lay in the hands of the Councils. But on November 25 under the name of “the conference of German Federated States” there was held at Berlin a meeting of representatives of the revolutionary governments of several states. It was presided over by the Commissar of the People, Ebert.

Speaking of the forthcoming constitution, Ebert declared, “The system of collaboration between the government of the Reich and the Federated States, which should be very definitely specified, must be established by a National Assembly. The government has firmly resolved to call this National Assembly with the least delay. Till then nothing but a provisional agreement can be effected between the Reich and the States.” In the course of the discussion the most conflicting opinions possible were expressed; but finally the immense majority of the delegates present adopted the following twofold resolution:

“It is to a National Assembly that the power of establishing the constitution of the Reich should be entrusted. Till such a time, however, the Workers and Soldiers Councils are the representatives of the will of the people.”

Strengthened by this decision the Council of the Commissars of the People promulgated on November 30 a decree for the election of a National Assembly.

2. It was the general congress of Workers and Soldiers Councils at its meetings in Berlin from December 16 to 20, more than any other factor, that gave the Social Democrats the opportunity they had been seeking to disembarrass themselves of the Executive Committee of the Workers and Soldiers Councils of Berlin; and by this means to deliver a decisive blow at the system of Councils as a whole. The Social Democrats had an overwhelming majority in this congress and the delegates, well disciplined and little familiar with parliamentary debate, carried out punctiliously the instructions which had been given them by the official spokesmen.

The congress passed a number of important resolutions:

a. The Councils or Soviet System is rejected.—On December 19 by a vote of 334 against 98 the congress rejected the motion made by Däumig that “under all circumstances the Councils system shall be adhered to as the basis of the Socialist Republic in the sense that the Councils shall possess supreme legislative, executive and judiciary powers.”

b. The Council of the Commissars of the People is strengthened.—The congress, which declared itself invested with complete political power, delegated legislative and executive power to the Council of Commissars of the People up to the time the National Assembly convened. Further, it nominated a central committee (Zentralrat) of the Workers and Soldiers Councils of Germany, consisting of twenty-seven members which was to exercise parliamentary control over the German and Prussian cabinets; that is to say, according to the official explanation of Commissar of the People Haase, all projects of law must be submitted by the Council of the Commissars of the People to the Central Committee and discussed by them. The Central Committee had the right to appoint and recall Commissars of the People for Prussia and for the Reich. Finally the Council of the Commissars of the People was to appoint to each Secretary of State two delegates, a Social Democrat and an Independent, who would be charged with the conduct of affairs within the ministries. As for the Executive Committee of the Workers and Soldiers Councils of Berlin it was limited by the congress to authority only in matters pertaining to the Berlin group.