Proceedings of the Estates of the Kingdom of Württemberg

[p. 498]

|498| and had remained wholly within its previous territory which had the old constitution, the alteration of position for it, the need and the necessity of a new constitution, would have remained the same.

For a closer illumination of this necessity there could now be developed, from very many sides, the disadvantageous consequences which the reintroduction of the old-Württemberg constitution would have had under circumstances quite differently diverse than merely those just mentioned. The culture of the time already demanded at least a compilation and sifting of the constructions and constitutions which, like the constitution of the German Empire, had run out into an unshapely edifice. One need only look at the meritorious collection of the principal documents of the fundamental constitution of the land of Württemberg, arranged by our Herr Privy Church Councillor Paulus, to see that such a condition of the foundations of the constitution is an inexhaustible armoury for advocates and consultants for deductions, but at the same time a formulation by which knowledge of the constitution, and with it, more or less, the matter itself, is withdrawn from the people, a formulation with which the time can no longer content itself. That in respect of this formality something has been accomplished, and that a business which seems to concern merely the form had to have influence upon the matter as well, will be discussed below. – As to the disadvantageous consequences, however, there can be set against them the so-called beneficial consequences, but above all the right, which is not to be made dependent on consequences; with regard to the latter in particular this has also been done by the estates sufficiently and to satiety.

With such an argument there arises the usual endless talk back and forth, because such grounds and counter-grounds have no final decision within themselves when the

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