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 OUP CORRECTED PROOF – FINAL, 22/3/2019, SPi

A TREATISE ON NORTHERN IRELAND

OUP CORRECTED PROOF – FINAL, 22/3/2019, SPi
 OUP CORRECTED PROOF – FINAL, 22/3/2019, SPi

A Treatise on Northern
Ireland
Volume 2: Control

The Second Protestant Ascendancy

and the Irish State

B R E N D A N O ’ LEARY

1
OUP CORRECTED PROOF – FINAL, 22/3/2019, SPi

3
Great Clarendon Street, Oxford, OX2 6DP,
United Kingdom
Oxford University Press is a department of the University of Oxford.
It furthers the University’s objective of excellence in research, scholarship,
and education by publishing worldwide. Oxford is a registered trade mark of
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© Brendan O’Leary 2019
The moral rights of the author have been asserted
First Edition published in 2019
Impression: 1
All rights reserved. No part of this publication may be reproduced, stored in
a retrieval system, or transmitted, in any form or by any means, without the
prior permission in writing of Oxford University Press, or as expressly permitted
by law, by licence or under terms agreed with the appropriate reprographics
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above should be sent to the Rights Department, Oxford University Press, at the
address above
You must not circulate this work in any other form
and you must impose this same condition on any acquirer
Published in the United States of America by Oxford University Press
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British Library Cataloguing in Publication Data
Data available
Library of Congress Control Number: 2018966384
ISBN 978–0–19–883057–3
Printed and bound in Great Britain by
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Links to third party websites are provided by Oxford in good faith and
for information only. Oxford disclaims any responsibility for the materials
contained in any third party website referenced in this work.
 OUP CORRECTED PROOF – FINAL, 22/3/2019, SPi

To the memories of my late mentors Liam Agnew, Alan Beattie,

Walker Connor, Patricia Crone, Ernest Gellner, George W Jones,
Tom Nossiter, and John. H. Whyte.
OUP CORRECTED PROOF – FINAL, 22/3/2019, SPi
 OUP CORRECTED PROOF – FINAL, 22/3/2019, SPi

Preface

The second volume of three faces presentational difficulties. Is it the decorative

filling, or does it have standing in its own right? The author insists that this case
answers the latter question. What follows is an account of the rise and fall of a
distinct control system in Northern Ireland between 1920 and 1972, set against
the background of the trajectory of an increasingly independent Ireland, and a
seemingly increasingly detached Great Britain. At the end of the experiment both
the London and Dublin governments return to the story. A London-run army of
counterinsurgents, accompanied by intelligence agents, is also deployed, initially
as peacekeepers.
What happened in this half-century, it will be shown, cannot be explained
without observing the effects of British and Irish state- and nation-building upon
the peoples of Northern Ireland. This volume also has distinct standing because
the control system, improvised amid the unfolding of the Irish revolution, marked
a novel development in the annals of colonialism in Ireland. It was an outgrowth
of colonialism, testament to the power of the settlers’ descendants both in the
north-east of Ulster and in the emergent British democracy to resist the restor-
ation of Irish autonomy under Irish auspices. But it was also an innovation. For
the first time, because of a carefully executed and manipulatively preserved
partition, a distinct political system in Ireland would be controlled by a Protestant
demographic and electoral majority. The leaders of the Ulster Unionist Party,
exploiting a mini-model of the Westminster mothership that they had initially
shunned, would improvise a control system that organized the settlers’ descend-
ants under a pan-Protestant alliance, and which disorganized cultural Catholics,
Northern nationalists, and Irish republicans. All that they would do, including
building a parliament at Stormont that would grace a country with twentyfold
more citizens, would be done in the name of democracy, and the rights of the
majority.
The elements of control systems are elaborated in the opening conceptual
conspectus that delineates the political science that disciplines the rest of the
volume. How and why Ulster Unionist leaders established a control system is set
out in subsequent historical chapters, exploiting recent and past scholarship, while
the concluding chapters explain its collapse, making similar usage of cumulative
scholarship, governmental reports, archives, and interviews. In between, and
certainly no filler in the sandwich, is a globally decisive moment: the Second
World War and its repercussions.
Northern Ireland survived its first potential extinction just after sovereign
Ireland was completing its political decolonization between 1937 and 1939.
Ireland’s neutrality during the United Nations war against the Axis powers, a
demonstrated its newfound sovereignty, and cost Irish nationalism dear, especially
in Northern Ireland. But it did set Ireland on the path to better economic develop-
ment. The Second World War, especially its timing and its consequences, saved the
recently established Belfast regime from bankruptcy, though it was not as close to
forced reunification as many subsequently thought. After 1943 Basil Brooke would
OUP CORRECTED PROOF – FINAL, 22/3/2019, SPi

viii Preface

refurbish James Craig’s control system, but he had to admit a trojan horse, the
British welfare state. A generation later its alumni, healthier, better educated, and
more self-confident than their parents, would unleash a civil-rights movement,
observed on black and white TV screens, imitating another civil-rights movement
unfolding in the USA. Most of the marchers did not intend to bring the house
down. It was those who refused their claims that brought the walls down, and
precipitated the implosion that followed. The story of the collapse of this control
system explains the immediate causes of the violence that would continue over a
quarter of a century.
In writing to an American correspondent in 1885, Friedrich Engels warned that
the second volume of Marx’s Capital would cause disappointment because it was
purely scientific, and lacked much suitable material for agitation.¹ If this volume
occasions disappointment, I suspect that will not be because it will be deemed
purely scientific, or because it lacks material for agitators.

¹ Friedrich Engels to Sorge, 1885, cited in Howard and King (1989: 8).
 OUP CORRECTED PROOF – FINAL, 22/3/2019, SPi

Contents: Volume 2

List of Figures xiii

List of Maps xv
List of Tables xvii
List of Boxes xix
Abbreviations and Glossary xxi
Terminology xxxi

2.1. Conceptual Conspectus: Control 1

Models of Rule and Role Models 1
The Place of the Demos, and the Demos’s Place 4
Control Systems 6
Hegemonic and Contested Control 11
Components of Control 14
2.2. Not an Inch: Gaining Control in the North, 1919–1939 17
Uncertain Parchment and Fiery Beginnings: Inspiring the Minority
in our Midst 18
Pogroms and Deadly Ethnic Riots 25
Establishing the Cold House 29
Constitutional Control 31
Policing Control 36
Territorial Control: Not an Inch 38
Law without Blind Justice 42
Elections as Censuses of the Loyal 43
The Political Economy of Control 48
Administrative Control and Segmental Patronage 51
Why Control Describes the Stormont System 53
Parallel Schools: Control or the Price of Faith or Both? 55
What Motivated Control? 57
2.3. Digesting Decolonization: From Declared to Undeclared Republic,
1919–1940 61
The Circle of Decolonization: State-Building in the South 61
Republicanism, Imperialism, and the Treaty Debate 63
The Provisional Government, the Constitution of the Irish Free
State, and the Irish Civil War 75
Southern Protestants: Expulsions, Exodus, Demographic Collapse,
or the Normal Fate of a National Minority? 85
Establishing a Sovereign State and Attaining External Association 104
The Constitution of 1937: The Undeclared Republic 108
The Anglo-Irish Agreements of 1938 118
Decolonized Ireland: Neutrality, Statehood, and Nationhood,
1938–1940 121
OUP CORRECTED PROOF – FINAL, 22/3/2019, SPi

x Contents: Volume 2

2.4. The Unexpected Stabilization of Control: The Second World

War and its Aftermath, 1940–1957 126
De Valera, Neutrality, and the IRA’s Self-Destruction 130
War’s End, de Valera, Hitler, and Urban Legends 135
De Valera, Partition, and the Anti-Partition League: The Chief Outflanked 136
Northern Ireland After the Nazi Empire 140
Ireland’s Post-Independence Economic Performance 145
2.5. Losing Control, 1958–1972 148
The Disorganization and Defeat of Northern Nationalism and Republicanism 148
The External Background to what Transpired in O’Neill’s Premiership 152
The Irish State Shifts Development Strategy: Lemass and
“Technocratic Anti-Partitionism” 154
Social Democracy and the Democratization of Great Britain 157
The Internal Environment in the O’Neill Premiership 162
The Promise of O’Neill 165
2.6. British Intervention: The Politics of Embarrassment, 1969–1972 176
The Opening of British Minds 177
The Precipitants of Intervention 178
Was Northern Ireland Reformable? 180
The Return of the Tories and of Internment 182
Bloody Sunday and the End of the UUP’s One-Party Rule 186
Conclusion 191
Appendix 2.6.1. Ireland’s Policy toward Northern Ireland,
1969–1970 193

Acknowledgments 197
Notes 203
Bibliography 219
Index of Names 239
General Index 246
 OUP CORRECTED PROOF – FINAL, 22/3/2019, SPi

Contents for All Three Volumes

VOLUME 1: COLONIALISM
THE SHACKLES OF THE STATE
AND HEREDITARY ANIMOSITIES

List of Figures xi
List of Maps xiii
List of Tables xv
List of Boxes xvii
Abbreviations and Glossary xix
Terminology xxix

Introduction 1
1.1. An Audit of Violence after 1966 27
1.2. Conceptual Conspectus: Colonialism 106
1.3. Wild and Bitter Fruits and Royal Pains: Colonial
Triangles and Trilemmas, 1603–1800 146
1.4. Overlooked by the Tall Kingdom before Dying of Political Economy:
Ireland under the Union, 1801–1857 217
1.5. Crying Aloud for Vengeance and the Power of a Colonial Caste:
Toward Union’s End, 1858–1914 263
1.6. “’Twas better to die ’neath an Irish sky, than at Suvla, or Sud-El-Bar”:
Revolution and Counter-Revolution, 1914–1922 311
1.7. Scratches across the Heart: Comparing Ireland’s Partition 370

Acknowledgments 397
Notes 403
Bibliography 435
Index of Names 483
General Index 497

VOLUME 2: CONTROL
THE SECOND PROTESTANT ASCENDANCY
AND THE IRISH STATE

List of Figures xiii

List of Maps xv
List of Tables xvii
List of Boxes xix
Abbreviations and Glossary xxi
Terminology xxxi
OUP CORRECTED PROOF – FINAL, 22/3/2019, SPi

xii Contents for All Three Volumes

2.1. Conceptual Conspectus: Control 1

2.2. Not an Inch: Gaining Control in the North, 1919–1939 17
2.3. Digesting Decolonization: From Declared to Undeclared Republic,
1919–1940 61
2.4. The Unexpected Stabilization of Control: The Second World War
and its Aftermath, 1940–1957 126
2.5. Losing Control, 1958–1972 148
2.6. British Intervention: The Politics of Embarrassment, 1969–1972 176

Acknowledgments 197
Notes 203
Bibliography 219
Index of Names 239
General Index 246

VOLUME 3: CONSOCIATION AND CONFEDERATION

FROM ANTAGONISM TO ACCOMMODATION?

List of Figures xxiii

List of Maps xxv
List of Tables xxvii
List of Boxes xxix
Abbreviations and Glossary xxxi
Terminology xli

3.1. Conceptual Conspectus: Consociation and Arbitration 1

3.2. “No. Please Understand”: The Return to Imperial Direct Rule and
the Limits to British Arbitration, 1972–1985 33
3.3. An Experiment in Coercive Consociation: The Making, Meaning(s),
and Outcomes of the Anglo-Irish Agreement, 1985–1992 87
3.4. A Tract of Time between War and Peace: Melding Negotiations and
a Peace Process, and the Making of the Belfast and the British–Irish
Agreements, 1992–1998 135
3.5. The Making, Meaning(s), and Tasks of the 1998 Agreement 175
3.6. The Long Negotiation: The Tribunes Become Consuls, 2002–2016 230
3.7. Confederal and Consociational Futures 290

Notes 365
Acknowledgments 391
Bibliography 397
Index of Names 429
General Index 439
 OUP CORRECTED PROOF – FINAL, 22/3/2019, SPi

List of Figures

2.2.1. Religion, gender, and unemployment, Northern Ireland, 1971 50

2.3.1. The actual choices facing de Valera’s cabinet, summer 1940 124
2.4.1. The genealogy of Irish parties 137
OUP CORRECTED PROOF – FINAL, 22/3/2019, SPi
 OUP CORRECTED PROOF – FINAL, 22/3/2019, SPi

List of Maps

2.3.1. The percentage rise and fall in the number of Catholics in Ireland
by county, 1911–1926 92
OUP CORRECTED PROOF – FINAL, 22/3/2019, SPi
 OUP CORRECTED PROOF – FINAL, 22/3/2019, SPi

List of Tables

2.1.1. Modes of ethnic management and incorporation 7

2.2.1. Numbers killed by political violence, Belfast, 1920–1922 20
2.2.2. Agents responsible for killings (where known), Belfast, 1920–1922 20
2.2.3. Victims of violence, Northern Ireland, June 1920–June 1922 20
2.2.4. Senior judicial offices, Northern Ireland, 1969 42
2.2.5. The art of the gerrymander: Wards and local-government election results,
Londonderry Corporation, 1967 45
2.2.6. Council seats won by local parties in Belfast, showing the impact of the
abolition of PR (STV), 1920, 1923, and 1923–1967 45
2.2.7. Occupational class and religion, economically active men, Northern
Ireland, 1971 49
2.2.8. Net emigration rates from Northern Ireland, by religion, 1937–1971 51
2.2.9. Estimated impact of emigration on Northern Ireland’s religious balance,
1926–1981 51
2.2.10. Catholic representation in the Northern Ireland civil service, 1969 53
2.3.1. General election, Irish Free State, June 16, 1922 78
2.3.2. General election, Irish Free State, June 16, 1922: Outcome of non-panel
transfers, when both pro- and anti-treaty panelists were available to
receive them. (%) 78
2.3.3. General election, Irish Free State, regional breakdown by first-preference
vote in contested districts, June 16, 1922 78
2.3.4. Religious denominations, Independent Ireland, 1926–1991 91
2.3.5. Nine counties where Hart suggested “ethnic cleansing” had
occurred 1911–1926 96
2.4.1. Average party vote share by religious grouping, Great Britain, 1959–2010 144
2.5.1(a). Employment in Northern Ireland’s traditional sectors, 1950–1973 165
2.5.1(b). The shifting pattern of sectoral employment, Northern Ireland,
1926–1971 (shares in %) 165
2.5.2 The Stormont parliamentary election, February 1969 173
OUP CORRECTED PROOF – FINAL, 22/3/2019, SPi
 OUP CORRECTED PROOF – FINAL, 22/3/2019, SPi

List of Boxes

2.2.1. The impact of the abolition of PR (STV) for elections to the Belfast
parliament: The exclusion of small parties 47
2.3.1. Carsonia: Seán MacEntee’s contribution to the treaty debate 74
2.6.1. Excerpts from the conclusions to the Bloody Sunday Inquiry 187
Another random document with
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1899:

"German economists are not exaggerating when they say this

Empire's people and capital are operating in every part of the
world. Not only Hamburg, Bremen, Stettin, Lübeck, and Kiel—i.
e., the seaport cities—but towns far inland, have invested
millions in foreign enterprises. In the Americas, North and
South, in Australia, in Asia, in a large part of Africa,
German settlements, German factories, German merchants, and
German industrial leaders are at work. Nor is it always in
settlements under the Empire's control that this influence is
strongest. In Senegambia, on the Gold Coast, the Slave Coast,
in Zanzibar and Mozambique, in Australia, Samoa, the Marshall
Islands, Tahiti, Sumatra, and South and Central America, there
are powerful commercial organizations aiding the Empire. From
Vladivostock to Singapore, on the mainland of Asia, and in
many of the world's most productive islands, the influence of
German money and thrift is felt. In Central America and the
West Indies, millions of German money are in the plantations;
so, too, in the plantations along the Gold Coast. In
Guatemala, Honduras, Mexico, the Dominican Republic, Cuba,
Puerto Rico, Trinidad, Venezuela, Brazil, etc., German capital
plays a very important part in helping to develop the
agricultural and in some cases the manufacturing and
commercial interests. A consequence of this development is
seen in the numerous banking institutions whose fields of
operation show that German commerce is working more and more
in foreign parts. These banks look after and aid foreign
investment as well as the Empire's other commercial relations.
They help the millions of Germans in all parts of the world to
carry on trade relations, not only with the Fatherland, but
with other countries.

"These are the links in a long and very strong chain of gold
uniting the colonies with the Mother Country. Quite recently,
large quantities of German capital have been invested in
various industries. The Empire's capital in United States
 railroads is put down at $180,000,000. In America, Germans
have undertaken manufacturing. They have used German money to
put up breweries, hat factories, spinning, weaving, and paper
mills, tanneries, soap-boiling establishments, candle mills,
dye houses, mineral-water works, iron foundries, machine
shops, dynamite mills, etc. Many of these mills use German
machinery, and not a few German help. The Liebig Company, the
Chilean saltpeter mines, the Chilean and Peruvian metal mines,
many of the mines of South Africa, etc., are in large part
controlled by German money and German forces. Two hundred
different kinds of foreign bonds or papers are on the Berlin,
Hamburg, and Frankfort exchanges. Germany has rapidly risen to
a very important place in the financial, industrial, and
mercantile world. Will she keep it? Much will depend on her
power to push herself on the sea."

United States Consular Reports,

September, 1899, page 127.

{248}

GERMANY: A. D. 1899.
Military statistics.

A report presented to the Reichstag showed the total number of

men liable for service in 1899, including the surplus from
previous years, was 1,696,760. Of these 716,998 were 20 years
of age, 486,978 of 21 years, 362,568 of 22 years, and 130,216
of more than 22 years. The whereabouts of 94,224 was unknown,
and 97,800 others failed to appear and sent no excuse; 427,586
had already undertaken military duties, 579,429 cases were
either adjourned or the men rejected (for physical reasons),
1,245 were excluded from the service, 43,196 were exempt,
112,839 were incorporated in the naval reserve, 226,957 were
called upon to join the colors, leaving a surplus of 5,187;
there were 23,266 volunteers for the army and 1,222 for the
navy. Of the 226,957 who joined the colors 216,880 joined the
 army as combatants and 4,591 as non-combatants, and 5,486
joined the navy. Of the 5,486 the maritime population
furnished 3,132 and the inland 2,354. There were 21,189 men
who entered the army before attaining the regulation age, and
1,480 under age who entered the navy; 33,652 of the inland
population and only 189 of the maritime were condemned for
emigrating without leave; while 14,150 inland and 150 maritime
cases were still under consideration at the end of the year.

GERMANY: A. D. 1899 (February).

Chinese anti-missionary demonstrations in Shantung.

See (in this volume)

CHINA: A. D. 1899.

GERMANY: A. D. 1899 (February).

Purchase of Caroline, Pelew and Marianne Islands from Spain.

See (in this volume)

CAROLINE AND MARIANNE ISLANDS.

GERMANY: A. D. 1899 (May-July).

Representation in the Peace Conference at The Hague.

See (in this volume)

PEACE CONFERENCE.

GERMANY: A. D. 1899 (May-August).

Advice to the South African Republic.

See (in this volume)

SOUTH AFRICA (THE TRANSVAAL):
A. D. 1899 (MAY-AUGUST).

GERMANY: A. D. 1899 (June).

State of German colonies.
The following report on German colonies for the year ending
June 30, 1899, was made to the British Foreign Office by one
of the secretaries of the Embassy at Berlin:

"The number of Europeans resident in the German African

Protectorates, viz., Togoland, Cameroons, South-West Africa,
and East Africa, at the time of the issue of the latest
colonial reports in the course of 1899 is given as 4,522 men,
women, and children, of whom 3,228 were Germans. The expense
to the home government of the African colonies, together with
Kiao-chao in the Far East, the Caroline and Samoa Islands in
the South Seas, and German New Guinea and its dependencies, is
estimated at close upon £1,500,000 for 1900, the Imperial
Treasury being asked to grant in subsidies a sum nearly double
that required last year. Kiao-chao is included for the first
time in the Colonial Estimates, and Samoa is a new item. The
Imperial subsidy has been increased for each separate
Protectorate, with the single exception of the Caroline
Islands, which are to be granted £5,000 less than last year.
East Africa receives about £33,000 more; the Cameroons,
£10,000; South-West Africa, £14,000; Togoland, £800; New
Guinea, £10,000; and the new items are: £489,000 for Kiao-chao
(formerly included in the Naval Estimates), and £2,500 for
Samoa. A Supplementary Vote of £43,265 for the Protectorate
troops in the Cameroons is also now before the Budget
Committee. …

"Great efforts have been made to encourage German trade with

the African colonies, and it is shown that considerable
success has been attained in South-West Africa, where the
total value of goods imported from Germany amounted to
£244,187, as against £181,961 in the previous year, with an
appreciable falling-off in the value of imports from other
countries. In East Africa the greater part of the import trade
still comes from India and Zanzibar—about £450,000 worth of
goods out of the gross total of £592,630, having been imported
thence. The export trade is also largely carried on through
 Zanzibar."

Great Britain, Parliamentary Publications

(Papers by Command: Miscellaneous Series,
Number 528, 1900, pages 3-5).

GERMANY: A. D. 1899 (August).

Defeat of the Rhine-Elbe Canal Bill.
Resentment of the Emperor.
An extraordinary edict.

Among several new canal projects in Germany, those of "the

Dortmund-Rhine Canal and the Great Midland Canal (joining from
the east to west the rivers Elbe, Weser, and Rhine) are the
most important. The first involves an expenditure of over
£8,000,000 altogether, and the second is variously estimated
at from £10,000,000 to £20,000,000, according to its eventual
scope. The latter is intended to amalgamate the eastern and
western waterways of the nation and to join the Dortmund-Ems
Canal to the Rhine system, in order to give the latter river
an outlet to the sea via a German port, instead of only
through ports in the Netherlands. It will also place the
Rhine-Main-Danube connection in direct communication with all
the streams of North Germany."

United States Bureau of Statistics,

Monthly Summary of Commerce and Finance,
January, 1899.

The Rhine-Elbe canal project is one which the Emperor has

greatly at heart, and when, in August, 1899, a bill to promote
it was defeated in the Prussian Landtag by the Agrarians, who
feared that canal improvements would promote agricultural
competition, his resentment was expressed in an extraordinary
edict, which said: "The royal government, to its keen regret,
has been compelled to notice that a number of officials, whose
duty it is to support the policy of His Majesty the King, and to
 execute and advance the measures of His Majesty's government,
are not sufficiently conscious of this obligation. … Such
conduct is opposed to all the traditions of the Prussian
administration, and cannot be tolerated." This was followed by
an extensive dismissal of officials, and excited strong
feeling against the government in a class which is nothing if
not loyal to the monarchy.

GERMANY: A. D. 1899 (November).

Railway concession in Asia Minor, to the Persian Gulf.

See (in this volume)

TURKEY: A. D. 1899 (NOVEMBER).

GERMANY: A. D. 1899 (November).

Re-arrangement of affairs in the Samoan Islands.
Partition of the islands with the United States.
Withdrawal of England, with compensations in the Tonga
and Solomon Islands and in Africa.

See (in this volume)

SAMOAN ISLANDS.

GERMANY: A. D. 1900.
Military and naval expenditure.

See (in this volume)

WAR BUDGETS.

GERMANY: A. D. 1900.
Naval strength.

See (in this volume)

NAVIES OF THE SEA POWERS.

GERMANY: A. D. 1900 (January).

Introduction of the Civil Code.
 On the first day of the year 1900 a great revolution was
effected in the laws of Germany, by putting into operation the
new German Civil Code. "Since the close of the fifteenth
century Germany has been the land of documentary right. The
Roman judicial code was recognized as common law; while all
legal procedure distinctly native in its origin was confined
to certain districts and municipalities, and was, therefore,
entirely devoid of Imperial signification in the wider sense.
The Civil Code of the land was represented by the Corpus Juris
Civilis, a Latin work entirely incomprehensible to the layman.
{249}
This very remarkable circumstance can be accounted for only by
the weakness of mediæval German Imperialism. In England and
France royalty itself had, since the fourteenth century,
assumed control of the laws in order that a homogeneous
national code might be developed. German Imperialism of the
fourteenth and fifteenth centuries, however, was incapable of
such a task. …

"An incessant conflict has been waging in Germany between the

Roman Law of the Empire and the native law as perpetuated in
the special enactments of the separate provinces and
municipalities. During the sixteenth and seventeenth centuries
the preponderance of power lay with the Roman system, which
was further supported by the German science of jurisprudence—
a science identified exclusively with the common law of Rome.
Science looked upon the native systems of legal procedure as
irrational and barbarous; and as Roman judicature exercised
complete dominion over all legislation, the consequence was
that it steadily advanced, while native and local law was
gradually destroyed. Only within the eighteenth and nineteenth
centuries has the native law of Germany been aroused to the
defence of its interests, … the signal for the attack upon
Roman Law being given by King Frederick William I, of Prussia.
As early as 1713 this monarch decreed that Roman law was to be
abrogated in his dominions, and replaced by the native law of
Prussia. The movement became general; and the era of modern
legal codes was ushered in. The legal code of Bavaria was
established in 1756; Prussia followed in 1794; France, in 1804
(Code Civil); Baden, in 1809; Austria, in 1811 (Das
Oesterreichische Buergerliche Gesetzbuch); and finally Saxony,
in 1863 (the designation here being similar to that adopted by
Austria). Everywhere the motto was the same; viz.,
'Emancipation from the Latin Code of Rome.' The native code
was to supplant the foreign, obscure, and obsolete Corpus
Juris. But the success of these newly established codes was
limited; each being applicable to its own particular province
only. Moreover, many of the German states had retained the
Roman law; confining their reforms to a few modifications. …

"The reestablishment of the German Empire was, therefore,

essential also to the reestablishment of German law. As early
as 1874 the initial steps for the incorporation of a new
German Civil Code had already been taken; and this work has
now at last been completed. On August 18, 1896, the new
system, together with a 'Law of Introduction,' was promulgated
by Emperor William II. It will become effective on January 1,
1900, a day which will ever be memorable as marking the climax
of a development of four centuries. At the close of the
fifteenth century Roman law was accepted in Germany; and now,
at the end of the nineteenth, this entire system is to be
completely abolished throughout the Empire. As a means of
education, and solely for this purpose, the Roman Code will be
retained in the universities. As a work of art it is immortal;
as a system of laws, perishable. The last relic of that grand
fabric of laws, which once dominated the whole world, crumbles
to-day. The national idea is victorious; and German law for
the German Empire is at last secured."

R. Sohm,
The Civil Code of Germany
(Forum, October, 1800).
GERMANY: A. D. 1900 (January-March).
The outbreak of the "Boxers" in northern China.

See (in this volume)

CHINA: A. D. 1900 (JANUARY-MARCH).

GERMANY: A. D. 1900 (February).

Adhesion to the arrangement of an "open door" commercial
policy in China.

See (in this volume)

CHINA: A. D. 1890-1900 (SEPTEMBER-FEBRUARY).

GERMANY: A. D. 1900 (February-June).

Increased naval programme.

With much difficulty, and as the result of strenuous pressure,

the Emperor succeeded in carrying through the Reichstag, in
June, a bill which doubles the programme of naval increase
adopted in 1898.

See (in this volume)

GERMANY: A. D. 1898 (April).

"After the way had been prepared by a speech of the Emperor to

the officers of the Berlin garrison on January 7, 1900, and by
a vigorous Press agitation, this project was brought before
the Reichstag on February 8. In form it was an amendment of
the Sexennate, or Navy Law of 1898, which had laid down a six
years' programme of naval construction. By the new measure
this programme was revised and extended over a period of 20
years. Instead of the double squadron of 10 battleships, with
its complement of cruisers and other craft, it was demanded
that the Government should be authorized to build two double
squadrons, or 38 battleships and the corresponding number of
cruisers. The Bill also provided for a large increase in the
number of ships to be employed in the protection of German
 interests in foreign waters. The Centre party, both through
its speakers in the Reichstag and through its organs in the
Press, at first took up a very critical attitude towards the
Bill. Its spokesmen dwelt especially upon the breach of faith
involved in the extension of the programme of naval
construction so soon after the compromise of 1898 had been
accepted, and upon the difficulty of finding the money to pay
for a fleet of such magnitude. The Clerical leaders, however,
did not persist in their opposition, and finally agreed to
accept the main provisions of the Bill, with the exception of
the proposed increase in the number of ships employed in
foreign waters. They made it a condition that the Government
should incorporate with the Bill two financial projects
designed to provide the money required without burdening the
working classes. Both the Stamp Duties Bill and the Customs
Bill were adopted by the Government, and the Navy Bill was
carried with the aid of the Centre."

Berlin Correspondent, London Times.

GERMANY: A. D. 1900 (May).

The Lex Heinze.

The Socialists won a notable triumph in May, when they forced

the Reichstag to adopt their views in the shaping of a measure
known as the Lex Heinze. This Bill, as introduced by the
Government, gave the police increased powers in dealing with
immorality. The Clericals and the Conservatives sought to
extend its scope by amendments which were denounced by the
Radicals and Socialists as placing restrictions upon the
"liberty of art and literature." After a prolonged struggle,
in which the Socialists resorted to the use of obstruction,
the most obnoxious amendments were withdrawn.

{250}

GERMANY: A. D. 1900 (May).

Passage of the Meat Inspection Bill.

A much discussed and sharply contested bill, providing for a

stringent inspection of imported meats, and aimed especially
at the obstructing of the American meat trade, was passed by
the Reichstag on the 23d of May. It prohibits the importation
of canned or sausage meat entirely, and imposes conditions on
the introduction of other meats which are thought to be, in
some cases, prohibitory. The measure was originally claimed to
be purely one of sanitary precaution. It "had been introduced
in the Reichstag early in 1899, but the sharp conflict of
interests about it kept it for more than a year in committee,
When the bill finally emerged for discussion in the Reichstag,
it was found that the Agrarian majority had distorted it from
a sanitary to a protective measure. Both in the new form they
gave the bill and in their discussions of it in the Reichstag,
the Agrarians showed that it was chiefly the exclusion of
foreign meats, rather than a system of sanitary inspection,
that they wanted. As finally passed in May the bill had lost
some of the harsh prohibitory features given it by the
Agrarians, the latter contenting themselves with the exclusion
of canned meats and sausages. To the foreign student of German
politics, the Meat Inspection Law is chiefly interesting as
illustrating the tendency of the general government to seize
upon functions which have hitherto been in the hands of the
individual states and municipalities, as well as of bringing
the private affairs of the people under the control of
governmental authority. It is another long step of the German
government away from the principle of 'laissez-faire.' The
task undertaken by the government here is itself a stupendous
one. There is certainly no other great government in the world
that would endeavor to organize the administrative machinery
for inspecting every pound of meat that comes upon the markets
of the country."

W. C. Dreher,
A Letter from Germany
 (Atlantic Monthly, March, 1901).

GERMANY: A. D. 1900 (June).

Opening of the Elbe and Trave Canal.

"The new Elbe and Trave Canal, which has been building five
years and has been completed at a cost of 24,500,000 marks
($5,831,000)—of which Prussia contributed 7,500,000 marks
($1,785,000) and the old Hansa town of Lübeck, which is now
reviving, 17,000,000 marks ($4,046,000)—was formally opened by
the German Emperor on the 16th [of June]. The length of the
new canal-which is the second to join the North Sea and the
Baltic, following the Kaiser Wilhelm Ship Canal, or Kiel
Canal, which was finished five years ago at a cost of
156,000,000 marks ($37,128,000)-is about 41 miles. The
available breadth of the new canal is 72 feet; breadth of the
lock gates, 46 feet; length of the locks, 87 yards; depth of
the locks, 8 feet 2 inches. The canal is crossed by
twenty-nine bridges, erected at a cost of $1,000,000. The span
of the bridges is in all cases not less than 30 yards and
their height above water level about 15 feet. There are seven
locks, five being between Lübeck and the Möllner See—the
highest point of the canal—and two between Möllner See and
Lauenburg-on-the-Elbe."

United States, Consular Reports,

September, 1900, page 8.

A memorandum by the British Charge d'Affaires in Berlin on the

Elbe-Trave Canal says that the opening of the Kaiser Wilhelm
Canal injuriously affected the trade of Lübeck. This was
foreseen, and in 1894 a plan was sanctioned for the widening
of the existing canal, which only allowed of the passage of
vessels of about thirty tons. The direction of the old canal
was followed only to some extent, as it had immense curves,
while the new bed was fairly straight from Lübeck to
Lauenburg, on the Elbe above Hamburg. The memorandum states
 that the undertaking is of great importance to the States
along the Elbe, as well as to Sweden, Norway, Denmark, and
Russia. It will to some extent divert traffic from Hamburg,
and possibly reduce somewhat the revenue of the Kaiser Wilhelm
Canal.

GERMANY: A. D. 1900 (June-December).

Co-operation with the Powers in China.

See (in this volume)

CHINA.

GERMANY: A. D. 1900 (September).

Government loan placed in America.

Great excitement and indignation was caused in September by

the action of the imperial government in placing a loan of
80,000,000 marks (about $20,000,000) in the American money
market. On the meeting of the Reichstag, the finance minister,
Dr. von Miquel, replying to attacks upon this measure,
explained that in September the state of the German market was
such that if they had raised the 80,000,000 marks at home the
bank discount rate would have risen above the present rate of
5 per cent. before the end of the year. In the previous winter
the bank rate had been at 6 per cent, for a period of 90 days,
and during three weeks it had stood at 7 per cent. The
government had been strongly urged to do everything in its
power to prevent the recurrence of such high rates of
discount. The London rate was rapidly approaching the German,
and there was reason to fear that there would be a serious
flow of gold from Germany. It was therefore urgently desirable
to attract gold from abroad, and there was no country where money
was so easy at the time as in the United States. This was due
to the extraordinarily favorable balance of American trade and
the remarkable increase in exports out of all proportion to
the development of imports. Another reason was the American
Currency Law, which enabled the national banks to issue as
 much as 100 per cent. of their capital in loans, whereas they
formerly issued only 90 per cent. There was no doubt that the
80,000,000 marks could have been obtained in Germany, but the
public must have been aware that other loans of much greater
extent were impending. There was going to be a loan of about
150,000,000 marks for the expedition to China, and it was
certain that before the end of the year 1901 considerable
demands would be made upon the public.

GERMANY: A. D. 1900 (September).

Proposal to require leaders of the Chinese attack
on foreigners to be given up.

See (in this volume)

CHINA: A. D. 1900 (AUGUST-DECEMBER).

GERMANY: A. D. 1900 (October).

Anglo-German agreement concerning policy in China.

See (in this volume)

CHINA: A. D. 1900 (AUGUST-DECEMBER).

{251}

GERMANY: A. D. 1900 (October 9).

Lèse-majesté in criticism of the Emperor's speech to soldiers
departing for China, enjoining no quarter and commending the
Huns as a military example.
Increasing prosecutions for Lèse-majesté.

On the 9th of October, a newspaper correspondent wrote from

Berlin: "The Berlin newspapers of yesterday and to-day
chronicle no fewer than five trials for 'lèse-majesté.' The
most important case was that of Herr Maximilian Harden, the
editor of the weekly magazine 'Zukunft.' Herr Harden, who
enjoyed the confidence of the late Prince Bismarck, wields a
very satirical pen, and has been designated 'The Junius of
modern Germany.' In 1898 Herr Harden was convicted of
lèse-majesté and was sentenced to six months' incarceration in
a fortress. In the present instance he was accused of having
committed lèse-majesté in an article, 'The Fight with the
Dragon,' published in the 'Zukunft' of August 11. The article
dealt with the speech delivered by the Emperor at Bremerhaven
on July 27, 'the telegraphic transmission of which, as was
asserted at the time, had been forbidden by Count von Bülow.'
The article noted as a fact that the Emperor had commanded the
troops who were leaving for China to give no quarter and to
make no prisoners, but, imitating the example of Attila and
the Huns, to excite a terror in East Asia which would last for
a thousand years. The Emperor had added, 'May the blessing of
God attend your flags and may this war have the blessed
result that Christianity shall make its way into China.' Herr
Harden in his comments on this speech had critically examined
the deeds of the historic Attila and had contrasted him with
the Attila of popular story in order to demonstrate that he
was not a proper model to set up for the imitation of German
soldiers. The article in the 'Zukunft' had also maintained
that it was not the mission of the German Empire to spread
Christianity in China, and, finally, had described a war of
revenge as a mistake." No publicity was allowed to be given to
the proceedings of the trial. "Herr Harden was found guilty
not only of having been wanting in the respect due to the
Emperor but of having actually attacked his Majesty in a way
that constituted lèse-majesté. The Court sentenced him to six
months' incarceration in a fortress and at the same time
directed that the incriminated number of the 'Zukunft' should
be destroyed.

"The 'Vossische Zeitung' remarks:—'We read in the newspapers

to-day that a street porter in Marburg has been sentenced to
six months' imprisonment for insulting the Empress, that in
Hamburg a workman has been sentenced to five months'
imprisonment for lèse-majesté, that in Beuthen a workman has
been sentenced to a year's imprisonment for lèse-majesté, and
 that in Dusseldorf a man who is deaf and dumb has been
sentenced to four months' imprisonment for the same offence.
The prosecutions for lèse-majesté are multiplying at an
alarming rate. We must emphatically repeat that such
proceedings appear to us to be in the last degree unsuited to
promote the principles of Monarchy. … The greater the number
of political prosecutions that are instituted the more
accustomed, under force of circumstances, does the Press
become to the practice of writing so that the reader may read
between the lines. And this attitude is to the advantage
neither of public morals nor of the Throne. … We regret in
particular that the case of yesterday (that of Herr Harden)
was tried 'in camera.' … It has justly been said that
publicity is more indispensable in political trials than in
prosecutions against thieves and murderers. … If there is no
prospect of an improvement in this respect the Reichstag will
have to devote its serious attention to the question how the
present administration of justice is to be dealt with, not
only in the interest of freedom of speech and of the Press,
but also for the good of the Crown and the well-being of the
State.'"

GERMANY: A. D. 1900 (October 18).

Change in the Imperial Chancellorship.

On the 18th of October it was announced in the "Imperial

Gazette" that" His Majesty the Emperor and King has been
graciously pleased to accede to the request of the Imperial
Chancellor, the President of the Ministry and Minister for
Foreign Affairs, Prince Hohenlohe-Schillingsfürst, Prince of
Ratibor and Corvey, to be relieved of his offices, and has at
the same time conferred upon him the high Order of the Black
Eagle with brilliants. His Majesty has further been graciously
pleased to appoint Count von Bülow, Minister of State and
Secretary of State to the Foreign Office, to be Imperial
Chancellor and Minister for Foreign Affairs." Count von Bülow
is the third of the successors of Prince Bismarck in the high
 office of the Imperial Chancellor. The latter was followed by
Count von Caprivi, who gave way to Prince Hohenlohe in 1894.
Prince Hohenlohe had nearly reached the age of 82 when he is
said to have asked leave to retire from public life.

GERMANY: A. D. 1900 (November).

Withdrawal of legal tender silver coins.

"Germany has lately taken a step to clear off the haze from
her financial horizon by calling in the outstanding thalers
which are full legal tender, and turning them into subsidiary
coins of limited legal tender—a process which will extend
over ten years. At the end of that time, if no misfortune
intervenes, she will be on the gold standard as surely and
safely as England is. Her banks can now tender silver to their
customers when they ask for gold, as the Bank of France can
and does occasionally. When this last measure is carried into
effect the only full legal-tender money in Germany will be
gold, or Government notes redeemable in gold."

New York Nation,

November 29, 1900.

GERMANY: A. D. 1900 (November-December).

The Reichstag and the Kaiser.
His speeches and his system of personal government.

In the Reichstag, which reassembled on the 14th of November,

"the speeches of the Kaiser were discussed by men of all
parties, with a freedom that was new and refreshing in German
political debates. Apart from the Kaiser's speeches in
connection with the Chinese troubles, the debates brought out
some frank complaints from the more 'loyal' sections of German
politics, that the Kaiser is surrounded by advisers who
systematically misinform him as to the actual state of public
opinion. It has long been felt, and particularly during the
past few years, that the present system of two cabinets—one of
 which is nominally responsible to the Reichstag and public
opinion, while the other is merely a personal cabinet,
responsible to neither, and yet exercising an enormous
influence in shaping the monarch's policies—has been growing
more and more intolerable. This system of personal government
is becoming the subject of chronic disquietude in Germany, and
even the more loyal section of the press is growing restive
under it. Bismarck's wise maxim, 'A monarch should appear in
public only when attired in the clothing of a responsible
ministry,' is finding more and more supporters among
intelligent Germans."

W. C. Dreher,
A Letter from Germany
(Atlantic Monthly, March, 1901).

{252}

GERMANY: A. D. 1900 (December).

Census of the Empire.
Growth of Berlin and other cities.
Urban population compared with that in the United States.

A despatch from Berlin, February 26, announced the results of

the census of December, 1900, made public that day. The
population of the German Empire is shown to have increased
from 52,279,901 in 1895 to 56,345,014. Of this population
27,731,067 are males and 28,613,947 females. Over 83 per cent.
of the whole population is contained in the four kingdoms; of
these Prussia comes first with (in round figures) 34,500,000
inhabitants, and Bavaria second with 6,200,000. The figures
for Saxony and Würtemberg are 4,200,000 and 2,300,000
respectively. More than 16 per cent. of the population is
resident in the 33 towns of over 100,000 inhabitants. Of these
33 towns the largest is Berlin, while the smallest is Cassel,
of which the inhabitants number 106,001.
The Prussian Statistical Office had already published the
results of the census, so far as they concern Berlin and its
suburbs. It appears that the population of the German capital
now amounts to 1,884,151 souls, as against 1,677,304 in 1895
and 826,3!1 in 1871. The population of the suburbs has
increased from 57,735 in 1871 and 435,236 in 1895, to 639,310
in 1900. The total population of the capital, including the
suburbs, is given as 2,523,461 souls, as against 2,112,540 in
1895, an increase of over 19 per cent. Some figures relating
to other cities had previously appeared, going to show "an
acceleration of the movement of population from the country
toward the great cities. The growth of the urban population in
five years has been astonishing. The population of Berlin, for
example, increased more than twice as much in the last five
years as in the preceding five. The fourteen German cities now
having a population of above 200,000 have increased more than
17 per cent since 1895. … No other European capital is growing
so fast in wealth and numbers as Berlin; and the city is rapidly
assuming a dominant position in all spheres of German life."

W. C. Dreher,
A Letter from Germany
(Atlantic Monthly, March, 1901).

The percentage of growth in Berlin "has been far outstripped

by many other cities, especially by Nuremberg; and so far as
our own census shows, no American city of over 50,000
inhabitants can match its increase. In five years it has grown
from 162,000 to 261,000—60 per cent increase. That would mean
120 per cent in a decade.

"But though Germany has only one city of more than one
million, and one more of more than half a million, and the
United States has three of each class, Germany has, in
proportion to its population rather more cities of from 50,000
to 100,000 inhabitants, and decidedly more of from 100,000 to
500,000, than the United States. In the United States
 8,000,000 people live in cities of over 500,000 inhabitants,
against some 3,000,000 in Germany; yet in the United States a
larger percentage of the population lives in places which have
under 50,000 inhabitants."

The World's Work,

March, 1901.

GERMANY: A. D. 1901 (January).

Celebration of the Prussian Bicentenary.

See (in this volume)

PRUSSIA: A. D. 1901.

GERMANY: A. D. 1901 (January).

Promised increase of protective duties.

In the Reichstag—the Parliament of the Empire—on the 26th of

January, the Agrarians brought in a resolution demanding that
the Prussian Government should "in the most resolute manner"
use its influence to secure a "considerable increase" in the
protective duties on agricultural produce at the approaching
revision of German commercial policy, and should take steps to
get the new Tariff Bill laid before the Reichstag as promptly
as possible. In response, the Imperial Chancellor, Count von
Bülow, made the following declaration of the policy of the
government, for which all parties had been anxiously waiting:
"Fully recognizing the difficult situation in which
agriculture is placed, and inspired by the desire effectively
to improve that situation, the Prussian Government is resolved
to exert its influence in order to obtain adequate protection
for agricultural produce by means of the Customs duties, which
must be raised to an extent calculated to attain that object."

GERMANY: A. D. 1901 (January).

The Prussian Canal scheme enlarged.