[p. 603]
D
[Fragments for the essay on the constitution]
1.
[An outline]
Germany no longer a state.
a) is no improvement to be hoped for in peace? Public law has passed over into priv[ate] law.
b) what is essential to a state?
not equality of religion etc.
c) no supreme power is in Germany
α) distribution of public power
is hereditary, and judicial, courts
β) Power. 1. Military [power]
2. Finances
3. War and peace
d) α Jurisdic[tion]
2.
[Territorial sovereignty and power of the Empire]
… to enter into their origin and legal foundation; such inquiries usually have the purpose of finding that result about which interest has already decided.
Territorial sovereignty, the pride of the German estates, the pride of their subjects of belonging to a particular state, is with regard to the whole the principle by which it is torn apart, the one is incompatible with the other; but it has so many enticing charms, it was so much supported by the character of the people, that every estate overlooked that this separation is the pit it digs for itself, that the more it makes progress in its striving to isolate itself, the more it loses in strength, that every gain is an enlargement of the danger. – The striving of the estates of the Empire presents the spectacle of a crowd that throws itself upon a frozen stream, from the ice of which each strives to tear away as much as possible
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