The Hungaro-Croatian Compromise of 1868 (The Nagodba), II


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' 25. Should the 45 per cent. of the total income in certain years not suffice to cover the requirements of the internal administration of Croatia-Slavonia, as laid down above (' 15), then Hungary advances the balance.

' 26. If, on the contrary the said 45 per cent. amount to a larger sum than that which was fixed by agreement for the requirements of Croatia-Slavonia=s internal administration, then the surplus is employed to cover Joint expenses.

['25 and '26 were superseded by ' 3, XXXIV, 1873, see above, p. 365.]

' 27. Should however the revenues of Croatia and Slavonia, in consequence of increase in taxable strength, exceed that portion of the Joint expenses which would fall upon them according to the standard of taxable strength contained in ' 12, then the surplus is at the disposal of Croatia-Slavonia, without Croatia and Slavonia being bound to cover those sums with which they have fallen into arrears in previous years in respect to the Joint expenses.

' 27 was repealed by Article X, 1906 (quem vide).

' 28. The statement of the revenues of Croatia and Slavonia is drawn up on the basis of the principles contained in the above paragraphs, and is submitted to the Joint Legislature of the territories of the Hungarian Crown at the same time as the statement of accounts of all the territories of the Hungarian Crown. The statements, after being examined there are also communicated to the Diet of Croatia and Slavonia for its cognizance.

[See ' 6, XL, 1889, revised by X, 1906, see p. 375].

' 29 . The keeping of special returns as to the revenues of Croatia and Slavonia can only come into effect after the agreement has been reached, viz., from January 1, 1869. Until the agreement has been accepted by both legislatures and sanctioned by His Majesty, the Estimates for 1867 are authoritative so far as Croatia and Slavonia are concerned, in assigning the expenses of internal administration.

' 30. Of Croatia and Slavonia's arrears of taxation up to the end of 1867 inclusive and still claimable, 63 per cent. are to be applied for the requirements of the said countries, while 37 percent. fall to the Joint Treasury.

' 31. With regard to those affairs which are Common between the territories of the Hungarian Crown and the other territories of His Majesty, as also with regard to those which have been described in the above paragraphs as common for the territories of the Hungarian Crown themselves, the legislative right belongs to the Joint Parliament of all the territories of the Hungarian Crown, which is to be summoned annually to Pest.

' 32. In this Joint Parliament Croatia and Slavonia are represented, in proportion to the number of their population, by twenty-nine deputies. The town of Fiume and the coast district are not included in this, in consideration of the reason mentioned in ' 66. Should the number of the Hungarian deputies alter in course of time, the number of the deputies of Croatia-Slavonia will be fixed according to the same principles as are followed in fixing the number of the Hungarian deputies, the proportion to the population being retained.


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' 33. If the population of Croatia-Slavonia should be increased, whether by the administrative union of the Military Frontiers, or by the reincorporation of Dalmatia, then the number of deputies of the said countries will likewise be increased in proportion to the increase of the population.

By ' 2 of Article XV, 1881, these '32 and '33 were repealed, and the following clause was substituted:--

' 2. The number of the deputies to be sent by Croatia-Slavonia to the House of Deputies of the Joint Hungarian Parliament is for the future--beginning at the date when the population of the Military Frontiers, after their administrative union with the said countries, shall actually take its place in constitutional life--fixed at the definite number of 40, irrespective of the proportion of population. In this the town of Fiume and the Coast district are not included, in accordance with the reason adduced in ' 66 of Article XXX of 1868. Should the number of members of the House of Deputies of the Joint Hungarian Parliament in general be altered by a subsequent law, then the above mentioned number of Croatian-Slavonian members of the Hungarian House of Deputies will be altered in the same proportion in which the total number of members to be fixed by the new law will stand towards the present total number of members.

' 34. Croatia, Slavonia and Dalmatia elect their deputies to the Joint Parliament from the midst of their own Sabor, for the whole period for which the mandate of the Joint House of Deputies is valid.

In the event of the Croatian-Slavonian Dalmatian-Sabor being dissolved in the interval, the deputies of Croatia, Slavonia and Dalmatia remain members of the Joint Parliament until the newly summoned Croatian-Slavonian-Dalmatian Sabor elects new deputies.

[To this clause the following addition was made by ' 4, XXXIV, 1873:--

In the said event the Diet of Croatia, Slavonia and Dalmatia is to be convoked within three months reckoned from the dissolution.]

' 35. The deputies of Croatia, Slavonia and Dalmatia exercise their right of personal expression of opinion and voting during the debating of those affairs which have been declared as common in the above paragraphs, and further they do so independently, without instructions, in exactly the same way as the other members of the Joint Parliament.

' 36. Croatia, Slavonia and Dalmatia also send to the Upper House of the Joint Parliament two deputies from their midst.

[This paragraph was repealed by ' 3 of Article XV, 1881, which runs as follows :--]

Beginning from the date indicated in ' 2 of the present law (see above, ' 33), Croatia and Slavonia send to the Upper House of the


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Joint Parliament three deputies from the midst of their own Diet.

' 37. The Magnates, as also those temporal and ecclesiastical dignitaries of Croatia, Slavonia and Dalmatia who possessed seats and votes in the Upper House of the Hungarian Parliament previous to 1848, will in future also be members of the Upper House with equal rights, for so long as this House is not organized on a different basis.

[This reorganization was carried out by Article VII of 1885].

' 38. The Joint Affairs will, far as possible, be discussed in the Joint Parliament first of all and one after the other; in any case care will be taken that the deputies of Croatia, Slavonia and Dalmatia shall be left at least three months' time annually for the treatment of their internal affairs in their own Diet.

' 39. The total costs of the Joint Parliament and consequently also the salaries and board allowance of the deputies of Croatia, Slavonia and Dalmatia are to be covered from the Joint Treasury.

' 40. Since the Joint Parliament of the territories of the Hungarian Crown exercises one part of its functions, namely the fixing of the estimates for those Joint Affairs which are recognized as originating from the Pragmatic Sanction, through a Delegation sent from its midst, there shall be elected to the Hungarian Delegation by the Joint Parliament out of the deputies of Croatia, Slavonia and Dalmatia as many members as fall to their share according to the standard by which the said countries are represented in the Joint Parliament.

[' 40 was repealed by Article XV of 1881.]

' 41. It is consequently established that from among the deputies of Croatia-Slavonia four members are to be elected to the Delegation from the House of Deputies, and one member from the Upper House.

' 42. Should the number of the deputies of the Croatian-Slavonian-Dalmatian Diet increase as a result of the extension of territory mentioned in ' 33, then the number of those members who are elected to the Delegation from among the deputies of Croatia, Slavonia and Dalmatia will be increased in corresponding proportion. [Repealed by Article XV of 1881.]

' 43. With regard to all those affairs which in Article XII of 1867 and in the present agreement have been declared as common for all territories of the Hungarian Crown--with the exception of the affairs contained in ' 10--the executive power is exercised in Croatia, Slavonia and Dalmatia also, by the Central Government residing in Budapest, through its own organs.

' 44. From the standpoint of the representation of Croatia, Slavonia and Dalmatia=s interests, a special Croatian-Slavonian-Dalmatian Minister without portfolio is nominated for these countries as part of the Central Government residing in Budapest. This


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Minister is a member of the Joint Cabinet Council, with the right to vote in it, and is responsible to the Joint Parliament. He likewise forms the connexion between His Majesty and the Provincial Government of Croatia, Slavonia and Dalmatia.

[To this paragraph the following addition was made by ' 5 of Article XXXIV, 1873:--

In this capacity he submits to His Majesty unaltered and without delay the reports of the Ban; and only in the event of doubts arising from the standpoint of the State community or community of interests laid down by Article XXX. of 1868, and in case it should not be possible to remove these doubts after the Ban has been consulted, he submits, simultaneously but separately, to His Majesty his own remarks regarding them, or as the case may be the remarks of the Joint Hungarian Government.

' 45. The Central Government makes a point of acting on the territory of Croatia, Slavonia and Dalmatia in harmony with the special Government of these countries; as, however, it is responsible for its action to the Joint Parliament, in which Croatia, Slavonia and Dalmatia are also represented, its measures must consequently be supported by the Croatian-Slavonian-Dalmatian Provincial Government and Courts, and indeed must be directly carried into execution by them, in so far as the Central Government possesses no organs of its own.

' 46. At the request of Croatia-Slavonia and Dalmatia an assurance is given to these countries, that the Central Government shall appoint natives of Croatia-Slavonia-Dalmatia alike to the Croatian-Slavonian departments of the central offices, and to their organs in the territory of the said countries, so far as is at all possible, in consideration of the necessary technical training.

' 47. With regard to all those subjects which are not reserved in this agreement to the Joint Parliament and the Central Government, Croatia-Slavonia and Dalmatia enjoy full autonomy alike in the legislative and the executive domain.

' 48. Consequently the autonomy of Croatia, Slavonia and Dalmatia extends, alike in respect of legislature and administration, to matters of Administration, Religion and Instruction in these countries, as also to (matters of) justice, under which is also to be understood the administration of justice in every instance, with the exception of Admiralty courts.

' 49. With regard to the requirements of the Fund for Religion and Schools, the debts will be disposed of, so far as the past is concerned, by mutual agreement.

[To which the following addition was made by ' 6 of Article XXXIV, 1873.]

After this mutual agreement has been reached, the part relating to Croatia and Slavonia will be separated from the jointly adminis-


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tered funds and paid over to the Autonomous Government of the said countries.

' 50. At the head of the Autonomous Provincial Government in Croatia-Slavonia and Dalmatia stands the Ban, who is responsible to the Croatian-Slavonian-Dalmatian Diet.

' 51. The Ban of Croatia, Slavonia and Dalmatia is appointed by His Imperial and Apostolic Royal Majesty, on the proposal and under the signature of the Royal Hungarian Joint Premier.

' 52. The civil dignity of the Ban, however, is in future separated from the military, and it is established as a rule, that for the future a military person may not exercise any influence upon the civil affairs of Croatia, Slavonia and Dalmatia.

[' 52 was superseded by ' 7 of Article XXXIV, 1873, as follows:--

The Ban may not possess any military position (sphere of interest).]

' 53. The Ban in his civil position bears in future also the title "Ban of Croatia, Slavonia and Dalmatia," and enjoys all privileges and dignities of the Banal office, which are compatible with his new position.

Consequently he remains in future also a member of the Upper House of the Joint Parliament.

[' 53 was repealed by ' 8 of Article XXXIV, 1873, and replaced by the following provision:--

The Ban bears in future also the title "Ban of Croatia, Slavonia and Dalmatia," and remains a member of the Upper House of the Joint Parliament.]

' 54. The future organization of the autonomous Provincial Government is to be fixed by the

Croatian-Slavonian and Dalmatian Diet, on the proposal of the Ban and with the sanction of His Imperial and Apostolic Royal Majesty.

' 55. After this agreement has been sanctioned, the Croatian-Slavonian Aulic Chancellory will be at once dissolved.

' 56. In the whole territory of Croatia-Slavonia the Croatian language is the language alike of the Legislature, the Administration and the Judicature.

' 57. Inside the frontiers of Croatia-Slavonia the Croatian language is prescribed as the official language for the organs of the Joint Government also.

' 58. Croatian-Slavonian applications and petitions from Croatia-Slavonia are to be accepted by the Joint Government also, and the decision respecting them is to be issued in the same language.

' 59. It is further declared that the deputies of Croatia-Slavonia, as the deputies of a political nation posssessing a special territory of its own, and of a country which in its internal affairs possesses a Legislature and Government of its own, may use the Croatian language also, alike in the Joint Parliament and in its Delegation.

' 60. The laws enacted by the Joint Legislature for Croatia-Slavonia and Dalmatia are to be drawn up also in a Croatian original


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text, signed by His Majesty, and are to be sent to the Diet of the said countries.

' 61. Croatia, Slavonia and Dalmatia can, within their own frontiers in their internal affairs, use their own combined colours and coat of arms, the latter, however, being surmounted by the Crown of St. Stephen.

' 62. The emblem of the Joint Affairs of the territories of the Hungarian Crown is formed by the combined arms of Hungary and of Croatia, Slavonia and Dalmatia.

' 63. At times when Joint Affairs are being debated, the combined Croatian-Slavonia-Dalmatian flag is to be hoisted beside the Hungarian flag, upon the building in which the Joint Parliament of the territories of the Hungarian Crown is being held.

' 64. On the coinage which is struck by the territories of the Hungarian Crown, the title "King of Croatia, Slavonia and Dalmatia" is also to be included in the Royal title.

' 65. Hungary recognizes the territorial integrity of Croatia, and promises to promote its completion. It will in future be specially insistent that that portion of the Military Frontiers which belongs to Croatia-Slavonia and the military communes situated therein shall be united with these countries alike in legislative, administrative and judicial matters; and just as Hungary has hitherto made representations with regard to this matter on repeated occasions, so in future also it will demand the reincorporation of Dalmatia, on the ground of the rights of the Holy Hungarian Crown, and will promote its union with Croatia. Regarding the conditions of this reincorporation, however, Dalmatia also is to be consulted.

' 66. In the sense of the preceding paragraph the following are recognized as belonging to the territory of Croatia, Slavonia and Dalmatia:--

1. That territory which together with the town and district of Buccari, at present belongs to the County of Fiume, with the exception of the town and district of Fiume. The town, harbour and district of Fiume form a separate body attached to the Hungarian Crown (separatum sacrae regni coronae adnexum corpus), with regard to whose special autonomy and the legislative and administrative conditions relating thereto, an agreement is to be reached by means of negotiations between the Hungarian Parliament, the Diet of Croatia-Slavonia and Dalmatia and the town of Fiume in joint understanding.

2. The County of Agram with the towns of Agram and Karlovac (Karlstadt) and the free district of Turopolje.

3. The County of Varazdin with the town of Varazdin.

4. The County of Krizevci (Kreuz), with the town of Krizevci.

5. The County of Pozega with the town of Pozega.

6. The County of Virovitica with the town of Virovitica.

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