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Published online by Cambridge University Press: 13 October 2009
L' General Wacquant only arrived on the night of the 12th and has not yet made any progress in his negotiation. The King received him very well, and said He would not himself enter into any discussion upon affairs, but that He was personally disposed to make sacrifices in order to arrive at an arrangement.
1 Eugène Rose Vicomte de Beauharnais.
2 Later Ludwig I.
3 Karl Ludwig Friedrich.
4 Stéphanie Louise Adrienne Napoléone, née Beauharnais.
5 This refers to the drawn-out negotiations over the territorial arrangement with Austria based on the Treaty of Ried. According to the treaty of 2 June 1814 Tirol and Vorarlberg were supposed to go to Austria, the Grand Duchy of Würzburg and the Principality of Aschaffenburg to Bavaria. In addition, Bavaria had promised to return to Austria the Electorate of Salzburg (with the exception of Berchtesgaden and various border districts), as well as the Inn- und Hausruckviertel. As compensation it would receive, amongst other things, Mainz, Frankfurt and the Principality of Hanau. But in the agreement of 3 June 1814 Austria, under pressure from the Powers, had already distanced herself from this. As compensation for Tirol and Vorarlberg Bavaria was now to receive only the Grand Duchy of Würzburg and the Principality of Aschaffenburg. Aided by the intervention of the tour Great Powers a new agreement between Austria and Bavaria was reached on 11 April 1815, but this was likewise not implemented. In a further, unratified agreement of 23 April 1815 Bavaria was offered the prospect of the Bavarian Palatinate on the right bank of the Rhine, once the direct male descendants of the ruling Grand Duke died out. Under pressure from the Powers and a military demonstration by Austria on the Bavarian border, Bavaria was ultimately forced to accept an Austrian suggestion of mediation, which resulted in the treaty of 14 April 1816. Bavaria ceded the Inn- und Hausruckviertel, as well as the Principality of Salzburg (with some exceptions) to Austria. As compensation she received the later governmental district of the Palatinate, the Bohemian office of Redwitz and various offices in Fulda and Hesse. When the direct male descendants of the ruling Grand Duke of Baden died out, Bavaria was also supposed to receive the Palatinate on the right bank of the Rhine along with the Main and Tauber districts of Baden. But this did not happen either, since Baden was given to a branchline of the Dukes of Hochberg, whose right of succession the Great Powers Austria, Prussia, Russia and England had expressly recognised at the Congress of Aachen.
6 Cf. note 5 in this section.
7 Friedrich Graf von der Pablen.
8 At the beginning of January 1817 there was a great financial scandal. The Jewish banker Spiro had to declare himself bankrupt and pulled the banking business of Nockher down with him. Both gave as the reason for this the fact that Montgelas, contrary to earlier pledges, had transferred the lottery loan shares Lit. E=M to the war expenditure fund, which caused these shares to crash. By this trick he had intended to relieve the state debt administration at the expense of the military budget, a procedure which also caused a sensation outside Bavaria. Due to the great consternation it provoked, the Council of State took up the matter on 24 February and returned the lottery loan shares to the debt repayment commission. As a result of these bankruptcies very many influential people lost huge sums, which unleashed a wave of general discontent.
9 Marie Leopoldine Habsburg.
10 Enclosure: We Maximilian Joseph King of Bavaria ‘Having taken into consideration the Report of our Commission for the Liquidation of the National Debt of the 10th of last Month concerning the 8 Millions of Lottery Tickets comprised under the Letters E …’
11 Alois Franz Graf von Rechberg-Rothenlöwen.
12 Along with the government the Geheimer Rat, later Staatsrat (Council of State) was established as the highest advisory body. It consisted of the King, the Crown Prince, the Ministers, and a number of Geheime Räte appointed by the King. This body was to advise on draft laws and had a say in the individual budgets of the ministries and their personnel policy, and could decide how conflicts of responsibility should be resolved. In the royal decree of 2 February 1817 on the ‘Bildung und Einrichtung der obersten Stellen des Staates’ the prominent position of the Council of State was emphatically underlined. What was new was its responsibility for setting the general budget at the beginning of the administrative year and receiving the ministers’ accounts at the end. The fact that, next to the King, the Council of State was the highest state authority was demonstrated by the ministers being accountable to it, fully responsible to it, and obliged to take orders from it. Soon afterwards these competences were reduced.
13 Later Ludwig I.
14 Johann Nepomuk Joseph Florian, Graf von Triva.
15 Heinrich Alois Graf von Reigersberg.
16 The constitution of 1808 created a ministry for each of the five classical spheres: foreign affairs, internal affairs, finance, justice and war, the first three all united in the person of Montgelas. Each ministry had the following personnel: a minister, a director general, various Ministeriaträte, a secretary general and accounts personnel. The position of director general was superior. He could replace and control the minister and, as the highest civil servant in a ministry with considerable influence on political and administrative matters, he in fact had greater power than the minister – whose accountability to the Council of State was an additional source of control and influence. Montgelas had given the role of director general to the Geheime Referendare Friedrich von Zentner (since 1810 in the interior ministry) and Franz Krenner (since 1813 in the finance ministry). By the decree of 2 February 1817 the function of the director general was institutionalised and his sphere of competence extended. However, in the course of the year the official responsibilities of the director general were substantially reduced. For example, he lost the right to control his minister. Certainly the directors general remained the most influential civil servants in the ministries with clear opportunities to exert political influence; but the direct relationship with the monarch based on their sphere of responsibility was now disrupted by the ministers.
17 Maximilian Josef Graf von Montgelas.
18 Enclosure: Décret (formation et organisation concernant les premières charges de L'Etat).
19 Marie Leopoldine Habsburg.
20 Ernestine von Arco.
21 After 1815 the Munich court had resumed negotiations with the curia about a Bavarian concordat. Rome wanted Bavaria to give up the main principles of its state church law and the right to nominate bishops. The Bavarian government was resolutely opposed to this and also rejected an only slightly more conciliatory draft concordat of April 1817. However, on 5 June 1817 the Bavarian negotiator Häfflin signed the text of an agreement. Although it did not conform to government instructions, it was approved by Max I Joseph on 24 October 1817 after various improvements had been made, for example the king's full right to nominate bishops was conceded. In the nineteenth century no other state had as important a voice in church appointments. One of the concessions made by the state was that archbishops and bishops were free to run the dioceses. Fearing resistance, the government kept the concordat secret at first. When it was made known in December the ultramontane party was triumphant, but the Protestants and moderate Catholics protested vociferously. In response the king declared on 12 March 1818 that in the forthcoming constitution the rights of Protestants would not be infringed, but would be fully guaranteed.
22 In 1803 the new states took over the rights of sovereignty and the church property of the areas formerly ruled by the clergy. Moreover, they were empowered to expropriate the assets of all other ecclesiastical institutions which were not immediate but were still under the authority of the territorial states. This was carried out most radically in Bavaria with the exception of the area on the left bank of the Rhine. In 1803 all monasteries, the ‘strongest premodern, non-governmental bastions of power’ (Thomas Nipperdey) – they had occupied more than half the territory and 56 per cent of the farms were under their control – were abolished, secularised, sold and their art treasures and libraries seized.
23 Auguste Eugène Charles Napoléon, 2nd Duke of Leuchtenberg.
24 Enclosure: Edict über die Stände=Versammlung; Edict (die staatsrechtlichen Verhältnisse der vormals Reichständischen Fürsten, Grafen und Herren betreffen); Edict über die Freyheit der Preße und des Buchhandels; Edict über das Indigenat; Edict Die Verhältnisse der Staatsdiener, vorzüglich in Beziehung auf ihren Stand und Gehalt betreffend; Edict über den Adel im Königreiche Baiern; Anhang zu dem 103.§ des Edictes über die äußeren Rechtsverhältnisse der Einwohner des Königreichs Baiern in Beziehung auf Religion und kirchliche Gesellschaften in der Beylage II. Zu dem Titel IV. §. 9. Der Verfassungs=Urkunde des Königreiches; Edict über die Familien=Fideicommisse; Edict über die Siegelmäßigkeit; Edict über die gutsherrlichen Rechte und die gutsherrliche Gerichtsbarkeit.
25 Pope Pius VII.
26 Lothar Anselm von Gebsattel.
27 The demand made by Deputy Hornthal that the army should swear an oath of adherence to the constitution was welcomed by the opposition in the Bavarian Chamber, by public opinion and by sections of the army. However, most of the Officer Corps rejected the proposed innovation. This question touched upon the core of the army constitution and that of the state itself. In contrast to the simple oath of allegiance, which committed the army to be loyal and obedient to the highest command authority, the dual oath meant that it would have to check whether the military orders it received were in line with the constitution. This leads to a politicisation of the army, because in critical situations the military leaders are forced to give advice about carrying out orders, and on occasion to oppose the civilian authority. The debates about this caused the Bavarian King to consider abolishing the constitution, which had only just come into force, by a coup d'état. However, it did not come to this because there was not sufficient support from Prussia and Austria.
28 Max Freiherr von Lerchenfeld.
29 Later Ludwig I.
30 Once the Carlsbad Decrees had been made public [cf. note 84 in Prussia section], fierce resistance developed in Bavaria to the agreement proclaimed by the reactionary Foreign Minister Rechberg. The Lerchenfeld-Wrede-Zentner group, supported by Crown Prince Louis and loyal to the constitution, rejected the federal laws as they considered them to be incompatible with the Bavarian constitution. Eventually a compromise was reached: the federal decrees were published in the official Bavarian newspaper on 16 October 1819, but came into force only with reservations. Bavaria only gave up its resistance when the Decrees were extended in 1824., by which time the group around Lerchenfeld had lost its influence and Zentner, quite contrary to his earlier attitude, provided Metternich with a brief on which he could base the presidential proposal for an extension of the federal laws.
31 On 16 October 1819 the Carlsbad Decrees had been published in the official Bavarian newspaper. However, the formula in which they were announced contained reservations. The term ‘Federal Decrees’ was not used, but ‘common decrees of all members of the confederation’. Moreover, the government allowed the decrees to come into force only as long as they did not ‘damage the sovereignty of the king and the constitution and the laws of the kingdom’. In fact, the decree on the press and that on universities did contravene the conditions of Bavarian constitutional and statutory law. The Bavarian government therefore restricted the validity of the Carlsbad Decrees quite considerably.
32 Later Friedrich Wilhelm IV.
33 Aegid Ritter von Kobell.
34 Friedrich Graf von der Fahlen.
35 Max Freiherr von Lerchenfeld.
36 In the Rhine provinces which fell to Bavaria under the Munich Treaty of 24 April 1816 institutions continued to exist which had been retained under the influence of the reforms of the French Revolution and Napoleon. These included the French institutions of the Conseil général du département, from which the Landrat of the Rhine area evolved in 1816.
37 Max Freiherr von Lerchenfeld.
38 Not traceable.
39 Philipp Moritz Freiherr von Schmitz-Grollenburg.
40 Friedrich Freiherr von Fahnenberg.
41 Joseph Maria Adam Graf von Rechberg-Rothenlöwen.
42 Friedrich Graf von Thürheim.
43 Baron von Oechsner, details not traceable.
44 Johann Nepomuk Franz Xaver Freiherr von Tautphoeus.
45 Friedrich Wilhelm IV.
46 Johann I.
47 Leo XII.
48 Here his daughter Charlotte is meant, but his eldest daughter was Auguste.
49 In 1808 Charlotte married the then Crown Prince and later King (1816) of Württemberg, William I (1781–1864). They were divorced in 1814.
50 Queen Caroline was the daughter of Karl Ludwig, Hereditary Prince of Baden.
51 Elisabeth Ludovika.
52 Leo XII.
53 Not traceable.
54 Not traceable.
55 In 1820 there was revolutionary upheaval in the Kingdom of Naples after the national ideas of the Carbonari, a secret society, had influenced a wide circle of people. The ruler, King Ferdinand I, a conservative, had been restored to the throne by Austria in 1815 on condition that he made no liberal concessions. Under the threat of popular revolution, however, he swore an oath to grant a constitution similar to the Spanish one. On the basis of a resolution of the European powers – despite the opposition of Britain and France – Austrian troops occupied Naples and restored the old order in the Bourbon kingdom; cf also note 66 in Austria section.
56 Cf. note 35 in Frankfurt section.
57 Joachim Graf von Münch-Bellinghausen.
58 Not traceable.
59 Not traceable.
60 Johann Emmanuel Küster.
61 Enclosure: List of the Bavarians who either stand accused of Revolutionary Practices or to whom suspicion is attached.
62 Joeph Graf von Trautmannsdorf-Weinsberg.
63 In Article 6 of the German Federal Act of 8 June 1815 the question was left open as to whether the ‘mediatised former imperial estates should he given some votes in the plenum’. The Federal Assembly was to decide on this during its deliberations on the organic federal laws.
64 Friedrich Landolin Freiherr von Blittersdorf.
65 Wilibald Graf von Rechberg.
66 Alexander Prinz zu Hohenlohe-Waldenburg-Schillingfürst.
67 One of Louis I's first governmental decisions was to move the university of Landshut, the only one in old Bavaria, to the residency town of Munich – firstly to expand the residency into an intellectual focal point of the region, and secondly in order to be able to exert appropriate influence on intellectual trends.
68 Joseph Freiherr von Hornmayr zu Hortenburg.
69 Original in FO 149/18.
70 The Company of Sir John Rae Reid.
71 Enclosure: Allgemeine Zeitung. Mit allerhöchsten Privilegien. Freitag (No 195) 14 July 1826.
72 Louis I was an enthusiastic philhellene. He and the classical philologist Friedrich Thiersch made Munich into a centre of philhellenism. As soon as he ascended the throne he gave generous donations and made contact with like-minded people abroad. With his approval a number of Bavarian officers went to Greece to take over commandos and other duties there. A Greek association was founded in Munich and a church (Salvatorkirche) provided for Greek orthodoxy.
73 Karl Wilhelm Freiherr von Heideck.
74 Bavaria based its legal claim to the Electorate of the Palatinate on the right bank of the Rhine on the fact that in 1803 it had been in the possession of the Wittelsbachs and that the line now on the throne had owned ancestral territory in the Palatinate. However, this claim was invalidated when the treaties of 1814. recognised the legality of the territorial changes made during the Napoleonic era. Apart from that, Bavaria also claimed compensation for the dukedom of Sponheim on the left bank of the Rhine. This had been part of the condominium of Bavaria-Baden and according to a treaty of 1425, when one of these houses died out it was supposed to go entirely to the other. However, in the Peace of Lunéville the dukedom of Sponheim had been ceded to France, and Baden and Bavaria had been compensated by the decision of the Deputation of the German Estates (Raichsdeputationshauptschluβ). Bavaria demanded more compensation in the event that the main Zähringian line died out, arguing that if it had died out before the Peace of Lunéville the whole dukedom would have belonged to Bavaria, so that in 1803 Baden would have had no claim to compensation and there would have been no reason to split off the parts of the Electorate of the Palatinate on the right bank of the Rhine to give them to Baden. In order not to give up its claims – based, of course, on fiction – Bavaria refused to recognise the transfer of the Baden right of succession to the Hochberg line. When Louis I ascended the throne the disputes flared up again for a while. However, because Prussia supported Baden, Louis had to accept the state of affairs.
75 Johann Nepomuk Franx Xaver Freiherr von Tautphoeus.
76 Josef von Miller.
77 Original in FO 149/21.