Provisorische Zentralgewalt

The Provisorische Zentralgewalt (German: [pʁoviˈzoːʁɪʃə tsɛnˈtʁaːlɡəˌvalt], Provisional Central Power) was the provisional government of the Frankfurt Parliament (1848–49). Since this all-German national assembly had not been initiated by the German Confederation, it was lacking not only major constitutional bodies, such as a head of state and a government, but also legal legitimation. A modification of the Bundesakte, the constitution of the German Confederation, could have brought about such legitimation, but as it would have required the unanimous support of all 38 signatory states this was practically impossible. Partially for this reason, influential European powers such as France and Russia declined to recognize the Parliament. The delegates on the left wanted to solve this situation by creating a revolutionary parliamentary government, but, on 24 June 1848, the majority (450 – 100) voted for a compromise, the so-called Provisional Central Power.

On 24 June 1848, President of the National Assembly Heinrich von Gagern argued for a regency and provisional central government to carry out parliamentary decisions. On 28 June 1848, the Paulskirche parliament voted, with 450 votes against 100, for the so-called Provisional Central Power (Provisorische Zentralgewalt). The next day, 29 June, the Parliament cast votes for candidates to be the Reichsverweser or Regent of the Empire, a temporary head of state. In the final tally, Archduke John of Austria gained 436 votes, Heinrich von Gagern received 52 votes, John Adam von Itzstein got 32 votes, and Archduke Stephen, Palatine of Hungary only 1 vote. The office of Regent was declared "irresponsible", meaning the Regent could not govern except through his ministers, who were responsible to the Parliament.

The Parliament then dispatched a deputation to the Archduke to present the honor bestowed upon him. However, the Confederate Diet (Bundesversammlung) sent their own letter, which the Archduke received prior to the parliamentary deputation, informing him that the princes of the Confederation had nominated him Regent before the Parliament had done so. The implication was that the Regent should receive his power from the princes rather than the revolutionaries, but the practical effect of this power was yet to be seen.

The Archduke received the delegation on 5 July 1848 and accepted the position, stating, however, that he could not undertake full responsibility in Frankfurt until he had finished his current work of opening the Austrian Parliament in Vienna. Therefore, Archduke John drove to Frankfurt where he was sworn in as Regent on the morning of 12 July 1848 in the Paulskirche, and then crossed over to the Thurn and Taxis Palace to deliver a speech to the Confederate Diet, which then declared the end of its work and delegated its responsibilities to the Regent.

On 15 July 1848, the Regent appointed his first government under prime minister Prince Karl zu Leiningen, the maternal half-brother of Queen Victoria of Great Britain. Ministers of the Interior, Justice, War, and Foreign Affairs were appointed on the same day, while Ministers for Finance and Trade were appointed on 5 August. The Thurn und Taxis Palace, which had been and would again be the home of the Confederate Diet, was given over to the Regent and his ministers. Archduke John returned to Vienna on 17 July to finish his tasks there.

At the end of August 1848, there were a total of 26 persons employed in the administration of the provisional government. By 15 February 1849, the number had increased to 105. Some 35 of them worked in the War Department and had been employed by the Confederate Diet in the same capacity. The Ministry of Commerce employed 25 staff, including the section in charge of the German Fleet, which was only separated as an independent Naval ministry in May 1849. The diplomatic section employed mostly freelance personnel who held portfolios for state governments.

The practical tasks of the Provisional Central Power were performed by a cabinet, consisting of a college of ministers under the leadership of a prime minister (Ministerpräsident). At the same time, the Provisional Central Power undertook to create a government apparatus, made up of specialized ministries and special envoys, employing, for financial reasons, mainly deputies of the assembly. The goal was to have a functional administration in place at the time of the Constitution's passage. Whatever form the final government of united Germany was to take would be defined by the Constitution, and necessary changes to the Provisional Central Power would be made accordingly. Significantly, the terms of the Regent's service explicitly forbade him or his ministers from interfering in the formulation of the Constitution.

On 12 July 1848, the Confederate Diet transferred responsibility for the German Confederate Army and the Federal Fortresses to the Provisional Central Power. The Regent appointed General Eduard von Peucker, Prussia's representative to the Federal Military Commission, as Minister of War. On 16 July, the Minister of War sent a circular to the state Governments with a proclamation to the German troops, in which he decreed the Regent as the highest military authority in Germany. The governments were to call out the troops of every garrison for a parade on 6 August, the 42nd anniversary of the end of the Holy Roman Empire. Their commanding officers were to read Peucker's proclamation before them, after which the troops were shout "Hurrah!" for the Regent three times. However, King Frederick William IV of Prussia forbade parading anywhere in Prussia on that date. Austria's Minister of War Theodore von Latour similarly refused to obey the order.