volume 1, pages 84-90.

{580}

The following is the text of the Constitution as adopted in 1809, the subsequent modifications of which are indicated above:

Form of government adopted by the King and the Estates of the Swedish Realm, at Stockholm, on the 6th of June, 1809; together with the Alterations afterwards introduced.

We Charles, by the Grace of God, King of the Swedes, the Goths, and the Vandals, &c. &e. &e. Heir to Norway, Duke of Sleswick-Holstein; Stormarn, and Ditmarsen, Count of Oldenburg and Delmenhorst, &c. &c. &c. make known, that having unlimited confidence in the estates of the realm, charged them with drawing up a new form of government, as the perpetual groundwork of the prosperity and independence of our common native land, We do hereby perform a dear and pleasing duty in promulgating the fundamental law (which has been) upon mature deliberation, framed and adopted by the estates of the realm, and presented unto Us this day, together with their free and unanimous offer of the Swedish crown. Having with deep emotion and an affectionate interest in the prosperity of a nation which has afforded Us so striking a proof of confidence and attachment, complied with their request, We trust to our endeavors to promote its happiness, as the reciprocal rights and duties of the monarch and the subjects have been marked so distinctly, that, without encroachment on the sacred nature and power of majesty, the constitutional liberty of the people is protected. We do therefore hereby adopt, sanction, and ratify this form of government, such as it follows here:--

We the underwritten representatives of the Swedish realm, counts, barons, bishops, knights, nobles, clergymen, burghers, and peasants, assembled at a general Diet, in behalf of ourselves and our brethren at home, Do hereby make known, that, having by the late change of government, to which we, the deputies of the Swedish people, gave our unanimous assent, exercised our rights of drawing up a new and improved constitution, we have, in repealing those fundamental laws, which down to this day have been in force more or less; viz.,--The Form of Government of the 21st of August 1772, the Act of Union and Security, of the 21st of February and the 3d of April 1789, the Ordinance of Diet, of the 24th of January 1617, as well as all those laws, acts, statutes, and resolutions comprehended under the denomination of fundamental laws;--We have Resolved to adopt for the kingdom of Sweden and its dependencies the following constitution, which from henceforth shall be the chief fundamental law of the realm, reserving to Ourselves, before the expiration of the present Diet, to consider the other fundamental laws, mentioned in the 85th article of this constitution.

Article 1. The kingdom of Sweden shall be governed by a king, who shall be hereditary in that order of succession which the estates will further hereafter determine.

Article 2. The king shall profess the pure evangelical faith, such as is contained and declared m the Augsburgian Confession, and explained in the Decree of the Diet at Upsala in the year 1593.

Article 3. The majesty of the king shall be held sacred and inviolable; and his actions shall not be subject to any censure.

Article 4. The king shall govern the realm alone, in the manner determined by this constitution. In certain cases, however, (to be specified) he shall take the opinion of a council of state, which shall be constituted of well-informed, experienced, honest, and generally-esteemed native Swedes, noblemen and commoners, who profess the pure evangelical faith.

Article 5. The council of state shall consist of nine members, viz., the minister of state and justice, who shall always be a member of the king's supreme court of judicature, the minister of state for foreign affairs, six counsellors of state, three of whom at least must have held civil offices, and the chancellor of the court, or aulic chancellor. The secretaries of state shall have a seat and vote in the council, when they have to report matters there, and in cases that belong to their respective departments. Father and son, or two brothers, shall not be permitted to be constant members of the council of state.

Article 6. The secretaries of state shall be four, viz.--One for military affairs; a second for public economy, mining, and all other affairs connected with the civil and interior administration; a third for the finances of the realm, inland and foreign commerce, manufactures, &c.; and the fourth, for affairs relating to religion, public education, and charities.

Article 7. All affairs of government shall be laid before the king, and decided in a council of state: those of a ministerial nature, however, excepted, concerning the relations of the realm with foreign powers, and matters of military command, which the king decides in his capacity of commander-in-chief of the land and naval forces.

Article 8. The king can make no decision in matters in which the council of state are to be heard, unless at least three counsellors of state, and the secretary of state whom it concerns, or his deputy-secretary, are present.--All the members of the council shall, upon due notice, attend all deliberations deemed of importance, and which concern the general administration of the affairs of the kingdom; such as questions for adopting new statutes, repealing or altering those in existence, introducing new institutions in the different branches of the administration, &c.

Article 9. Minutes shall be kept of all matters which shall come before the king in his council of state. The ministers of state, the counsellors of state, the aulic chancellor, and the secretaries of state or deputy-secretaries, shall be peremptorily bound to deliver their opinions: it is, however, the prerogative of the king to decide. Should it, however, unexpectedly occur, that the decisions of the king are evidently contrary to the constitution and the common law of the realm, it shall in that case be the duty of the members of the council of state to make spirited remonstrances against such decision or resolution. Unless a different opinion has been recorded in the minutes (for then the counsellors present shall be considered as having advised the king to the adopted measure), the members of the council shall be responsible for their advices, as enacted in the 106th article.

{581}

Article 10. Necessary informations having been demanded and obtained from the proper boards, authorities, and functionaries, the affairs for deliberation shall be prepared by the secretary of state and eight skilful and impartial men, consisting of four nobles and four commoners, in order to their being laid before the king in the council of state.--The secretary, as well as all the other members of this committee (which are nominated by the king) for preparing the general affairs of the kingdom, shall upon all occasions, when so met, deliver their opinions to the minutes, which shall afterwards be reported to the king and the council of state.

Article 11. As to the management of the ministerial affairs, they may be prepared and conducted in the manner which appears most suitable to the king. It appertains to the minister for foreign affairs to lay such matters before him in the presence of the aulic chancellor, or some other member of the council, if the chancellor cannot attend. In the absence of the minister of state this duty devolves upon the aulic chancellor, or any other member of the council of state, whom his majesty may appoint. After having ascertained the opinions of these official persons entered in the minutes, and for which they shall be responsible, the king shall pronounce his decision in their presence. It shall be the duty of the aulic chancellor to keep the minutes on these occasions. The king shall communicate to the council of state the information on these topics as may be necessary, in order that they may have a general knowledge even of this branch of the administration.

Article 12. The king can enter into treaties and alliances with foreign powers, after having ascertained, as enacted in the preceding article, the opinion of the minister of state for foreign affairs, and of the aulic chancellor.

Article 13. When the king is at liberty to commence war, or conclude peace, he shall convoke an extraordinary council of state; the ministers of state, the counsellors of state, the aulic chancellor, and the secretaries of state; and, after having explained to them the circumstances which require their consideration, he shall desire their opinions thereon, which each of them shall individually deliver, on the responsibility defined in the 107th article. The king shall thereafter have a right to adopt the resolutions, or make such decision as may appear to him most beneficial for the kingdom.

Article 14. The king shall have the supreme command of the military forces by sea and land.

Article 15. The king shall decide in all matters of military command, in the presence of that minister or officer to whom he has entrusted the general management thereof. It shall be the duty of this person to give his opinion, under responsibility, upon the resolutions taken by the king, and in case of these being contrary to his advice, he shall be bound to enter his objections and counsel in the minutes, which the king must confirm by his own signature. Should this minister or official person find the resolutions of the king to be of a dangerous tendency, or founded on mistaken or erroneous principles, he shall advise his majesty to convoke two or more military officers of a superior rank into a council of war. The king shall, however, be at liberty to comply with or to reject this proposition for a council of war; and if approved of, he may take what notice he pleases of the opinions of such council, which shall, however, be entered in the minutes.

Article 16. The king shall promote the exercise of justice and right, and prevent partiality and injustice. He shall not deprive any subject of life, honour, liberty, and property, without previous trial and sentence, and in that order which the laws of the country prescribe. He shall not disturb, or cause to be disturbed, the peace of any individual in his house. He shall not banish any from one place to another, nor constrain, or cause to be constrained, the conscience of any; but shall protect everyone in the free exercise of his religion, provided he does not thereby disturb the tranquillity of society, or occasion public offence. The king shall cause everyone to be tried in that court to which he properly belongs.

Article 17. The king's prerogative of justice shall be invested in twelve men, learned in the law, six nobles, and six commoners, who have shown knowledge, experience, and integrity in judicial matters. They shall be styled counsellors of justice, and constitute the king's supreme court of justice.

Article 18. The supreme court of justice shall take cognizance of petitions to the king for cancelling sentences which have obtained legal force, and granting extension of time in lawsuits, when it has been, through some circumstances, forfeited.

Article 19. If information be sought by judges or courts of justice concerning the proper interpretation of the law, the explanation thus required shall be given by the said supreme court.

Article 20. In time of peace, all cases referred from the courts martial shall be decided in the supreme court of justice. Two military officers of a superior degree, to be nominated by the king, shall, with the responsibility of judges, attend and have a vote in such cases in the supreme court. The number of judges may not, however, exceed eight. In time of war, all such cases shall be tried as enacted by the articles of war.

Article 21. The king, should he think fit to attend, shall have right to two votes in causes decided by the supreme court. All questions concerning explanations of the law shall be reported to him, and his suffrages counted, even though he should not have attended the deliberations of the court.

Article 22. Causes of minor importance may be decided in the supreme court by five members, or even four, if they are all of one opinion; but in causes of greater consequence seven counsellors, at least, must attend. More than eight members of the supreme court, or four noblemen and four commoners, may not be at one time in active service.

Article 23. All the decrees of the supreme court of justice shall issue in the king's name, and under his hand and seal.

Article 24. The cases shall be prepared in the "king's inferior court for revision of judiciary affairs," in order to be laid before, or produced in the supreme court.

Article 25. In criminal cases the king has a right to grant pardon, to mitigate capital punishment, and to restore property forfeited to the crown. In applications, however, of this kind, the supreme court shall be heard, and the king give his decision in the council of state.

Article 26. When matters of justice are laid before the council of state, the minister of state and justice, and, at least, two counsellors of state, two members of the supreme court, and the chancellor of justice shall attend, who must all deliver their opinions to the minutes, according to the general instruction for the members of the council of state, quoted in the 91st article.

{582}

Article 21. The king shall nominate, as chancellor of justice, a juris-consult, an able and impartial man, who has previously held the office of a judge. It shall be his chief duty, as the highest legal officer or attorney general of the king, to prosecute, either personally or through the officers or fiscals under him, in all such cases as concern the public safety and the rights of the crown, on the king's behalf, to superintend the administration of justice, and to take cognizance of, and correct, errors committed by judges or other legal officers in the discharge of their official duties.

Article 28. The king, in his council of state, has a right to appoint native Swedes to all such offices and places within the kingdom for which the king's commissions are granted. The proper authorities shall, however, send in the names of the candidates to be put in nomination for such employments. The king may, likewise, appoint foreigners of eminent talents to military offices, without, however, entrusting to them the command of the fortresses of the realm. In preferments the king shall only consider the merits and the abilities of the candidates, without any regard to their birth. Ministers and counsellors of state and of justice, secretaries of state, judges, and all other civil officers, must always be of the pure evangelical faith.

Article 29. The archbishop and bishops shall be elected as formerly, and the king nominates one of the three candidates proposed to him.

Article 30. The king appoints, as formerly, the incumbents of rectories in the gift of the crown. As to the consistorial benefices, the parishioners shall be maintained in their usual right of election.

Article 31. Citizens, who are freemen of towns, shall enjoy their privilege as heretofore, of proposing to the king three candidates for the office of burgomaster or mayor, one of whom the king selects. The aldermen and secretaries of the magistracy of Stockholm shall be elected in the same manner.

Article 32. The king appoints envoys to foreign courts and the officers of the embassies, in the presence of the minister of state for foreign affairs and the aulic chancellor.

Article 33. When offices, for which candidates are proposed, are to be filled up, the members of the council of state shall deliver their opinions on the qualifications and merits of the applicants. They shall also have right to make respectful remonstrances against the nomination of the king respecting other offices.

Article 34. The new functionaries created by this constitution, viz.--the ministers and counsellors of state and counsellors of justice, shall be paid by the crown, and may not hold any other civil offices. The two ministers of state are the highest functionaries of the realm. The counsellors of state shall hold the rank of generals, and the counsellors of justice that of lieutenant-generals.

Article 35. The minister of state for foreign affairs, the counsellors of state, the presidents of the public boards, the grand governor of Stockholm, the deputy governor, and the chief magistrate of police in the city, the aulic chancellor, the chancellor of justice, the secretaries of state, the governors or lord-lieutenants of provinces, field marshals, generals and admirals of all degrees, adjutant generals, adjutant in chief, adjutants of the staff, the governors of fortresses, captain lieutenants, and officers of the king's life guards, colonels of the regiments, and officers second in command in the foot and horse guards, lieutenant-colonels in the brigade of the life regiments, chiefs of the artillery of the royal engineers, ministers, envoys, and commercial agents with foreign powers, and official persons employed in the king's cabinet for the foreign correspondence, and at the embassies, as holding places of trust, can be removed by the king, when he considers it necessary for the benefit of the realm. The king shall, however, signify his determination in the council of state, the members whereof shall be bound to make respectful remonstrances, if they see it expedient.

Article 36. Judges, and all other official persons, not included in the preceding article, cannot be suspended from their situations without legal trial, nor be translated or removed to other places, without having themselves applied for these.

Article 31. The king has power to confer dignities on those who have served their country with fidelity, bravery, virtue, and zeal. He may also promote to the order of counts and barons, persons, who by eminent merits have deserved such an honour. Nobility and the dignity of a count and baron, granted from this time, shall no longer devolve to any other than the individual himself thus created a noble, and after him, to the oldest of his male issue in a direct descending line, and this branch of the family being extinct, to the nearest male descendant of the ancestor.

Article 38. All despatches and orders emanating from the king, excepting such as concern military affairs, shall be countersigned by the secretary who has submitted them to the council, and is responsible for their being conformable to the minutes. Should the secretary find any of the decisions made by the king to be contrary to the spirit of the constitution, he shall make his remonstrances respecting the same, in the council of state. Should the king still persist in his determination, it shall then be the duty of the secretary to refuse his countersign, and resign his place, which he may not resume until the estates of the realm shall have examined and approved of his conduct. He shall, however, in the mean time, receive his salary, and all the fees of his office as formerly.

Article 39. If the king wishes to go abroad, he shall communicate his resolution to the council of state, in a full assembly, and take the opinion of all its members, as enacted in the ninth article. During the absence of the king he may not interfere with the government, or exercise the regal power, which shall be carried on, in his name, by the council of state; the council of state cannot, however, confer dignities or create counts, barons, and knights; and all officers appointed by the council shall only hold their places ad interim.

Article 40. Should the king be in such a state of health as to be incapable of attending to the affairs of the kingdom, the council of state shall conduct the administration, as enacted in the preceding article.

Article 41. The king shall be of age after having completed eighteen years. Should the king die before the heir of the crown has attained this age, the government shall be conducted by the council of state, acting with regal power and authority, in the name of the king, until the estates of the realm shall have appointed a provisional government or regency; and the council of state is enjoined strictly to conform to the enactments of this constitution.

{583}

Article 42. Should the melancholy event take place, that the whole royal family became extinct on the male side, the council of state shall exercise the government with regal power and authority, until the estates have chosen another royal house, and the new king has taken upon himself the government. All occurrences or things having reference to the four last articles, shall be determined by the whole council of state and the secretaries of state.

Article 43. When the king takes the field of battle, or repairs to distant parts of the kingdom, he shall constitute four of the members of the council of state to exercise the government in those affairs which he is pleased to prescribe.

Article 44. No prince of the royal family shall be permitted to marry without having obtained the consent of the king, and in the contrary case shall forfeit his right of inheritance to the kingdom, both for himself and descendants.

Article 45. Neither the crown prince, or any other prince of the royal family, shall have any appanage or civil place. The princes of the blood may, however, bear titles of dukedoms and principalities, as heretofore, but without any claims upon those provinces.

Article 46. The kingdom shall remain divided, as heretofore, into governments, under the usual provincial administrations. No governor-general shall, from this time, be appointed within the kingdom.

Article 47. The courts of justice, superior as well as inferior, shall administer justice according to the laws and statutes of the realm. The provincial governors, and all other public functionaries, shall exercise the offices entrusted to them according to existing regulations; they shall obey the orders of the king, and be responsible to him if any act is done contrary to law.

Article 48. The court of the king is under his own management, and he may at his own pleasure appoint or discharge all his officers and attendants there.

Article 49. The estates of the realm shall meet every fifth year. In the decree of every Diet the day shall be fixed for the next meeting of the estates. The king may, however, convoke the estates to an extraordinary Diet before that time.

Article 50. The Diets shall be held in the capital, except when the invasion of an enemy, or some other important impediment, may render it dangerous for the safety of the representatives.

Article 51. When the king or council convokes the estates, the period for the commencement of the Diet shall be subsequent to the thirtieth, and within the fiftieth day, to reckon from that day when the summons has been proclaimed in the churches of the capital.

Article 52. The king names the speakers of the nobles, the burghers and the peasants: the archbishop is, at all times, the constant speaker of the clergy.

Article 53. The estates of the realm shall, immediately after the opening of the Diet, elect the different committees, which are to prepare the affairs intended for their consideration. Such committees shall consist in,

a constitutional committee, which shall take cognizance of questions concerning proposed alterations in the fundamental laws, report thereupon to the representatives, and examine the minutes held in the council of state;

a committee of finances, which shall examine and report upon the state and management of the revenues;

a committee of taxation, for regulating the taxes;

a committee of the bank for inquiring into the administration of the affairs of the national bank;

a law committee for digesting propositions concerning improvements in the civil, criminal, and ecclesiastical laws;

a committee of public grievances and matters of economy, to attend to the defects in public institutions, suggest alterations, &c.

Article 54. Should the king desire a special committee for deliberating with him on such matters as do not come within the cognizance of any of the other committees, and are to be kept secret, the estates shall select it. This committee shall, however, have no right to adopt any resolutions, but only to give their opinion on matters referred to them by the king.

Article 55. The representatives of the realm shall not discuss any subject in the presence of the king, nor can any other committee than the one mentioned in the above article hold their deliberations before him.

Article 56. General questions started at the meetings or the orders of the estates, cannot be immediately discussed or decided, but shall be referred to the proper committees, which are to give their opinion thereupon. The propositions or report of the committees shall, in the first instance, without any alteration or amendment, be referred to the estates at the general meetings of all the orders. If at these meetings, observations should be made which may prevent the adoption of the proposed measure, these objections shall be communicated to the committee, in order to its being examined and revised. A proposition thus prepared having been again referred to the estates, it shall remain with them to adopt it, with or without alterations, or to reject it altogether. Questions concerning alterations in the fundamental laws, shall be thus treated:

If the constitutional committee approves of the suggestion of one of the representatives, or the committee reports in favour of or against a measure proposed by the king, the opinion of the committee shall be referred to the estates, who may discuss the topic, but not come to any resolution during that Diet.

If at the general meetings of the orders no observations are made against the opinion of the committee, the question shall be postponed till the Diet following, and then be decided solely by yes or no, as enacted in the 75th article of the ordinance of Diet.

If, on the contrary, objections are urged at the general meetings of the orders against the opinion of the committee, these shall be referred back for its reconsideration. If all the orders be of one opinion, the question shall be postponed for final decision, as enacted above. Should again a particular order differ from the other orders, twenty members shall be elected from among every order, and added to the committee, for adjusting the differences. The question being thus prepared, shall be decided at the following Diet.

Article 57. The ancient right of the Swedish people, of imposing taxes on themselves, shall be exercised by the estates only at a general Diet.

Article 58. The king shall at every Diet lay before the committee of finances the state of the revenues in all their branches. Should the crown have obtained subsidies through treaties with foreign powers, these shall be explained in the usual way.

{584}

Article 59. The king shall refer to the decision of this committee to determine what the government may require beyond the ordinary taxation, to be raised by an extraordinary grant.

Article 60. No taxes of any description whatever can be increased without the express consent of the estates. The king may not farm or let on lease the revenues of state, for the sake of profit to himself and the crown; nor grant monopolies to private individuals, or corporations.

Article 61. All taxes shall be paid to the end of that term for which they have been imposed. Should, however, the estates meet before the expiration of that term, new regulations shall take place.

Article 62. The funds required by government having been ascertained by the committee of finances, it shall rest with the estates whether to assign proportionate means, and also to determine how the various sums granted shall be appropriated.

Article 63. Besides these means, two adequate sums shall be voted and set apart for the disposal of the king, after he has consulted the council of state,--for the defence of the kingdom, or some other important object;--the other sum to be deposited in the national bank, in case of war, after the king has ascertained the opinion of the council and convened the estates. The seal of the order for this latter sum may not be broken, nor the money be paid by the commissioners of the bank, till the summons to Diet shall have been duly proclaimed in the churches of the capital.

Article 64. The ordinary revenues of the land, as well as the extraordinary grants which may be voted by the estates, shall be at the disposal of the king for the civil list and other specified purposes.

Article 65. The above means may not be applied but for the assigned purposes, and the council of state shall be responsible if they permit any deviation in this respect, without entering their remonstrances in the minutes, and pointing out what the constitution in this case ordains.

Article 66. The funds of amortissement or national debt, shall remain, as heretofore, under the superintendence and direction of the estates, who have guaranteed or come under a responsibility for the national debt; and after having received the report of the committee of finances on the affairs of that establishment, the estates will provide, through a special grant, the requisite means for paying the capital as well as the interest of this debt, in order that the credit of the kingdom may be maintained.

Article 67. The deputy of the king shall not attend the meetings of the directors or commissioners of the funds of amortissement, on any other occasion than when the directors are disposed to take his opinion.

Article 68. The means assigned for paying off the national debt shall not, under any pretence or condition, be appropriated to other purposes.

Article 69. Should the estates, or any particular order, entertain doubts either in allowing the grant proposed by the committee of finances, or as to the participation in the taxes, or the principles of the management of the funds of amortissement, these doubts shall be communicated to the committee for their further consideration.--If the committee cannot coincide in the opinions of the estates, or a single order, it shall depute some members to explain circumstances. Should this order still persist in its opinion, the question shall be decided by the resolution of three orders. If two orders be of one, and the other two of a different opinion, thirty new members of every order shall be added to the committee--the committee shall then vote conjointly, and not by orders, with folded billets, for adopting, or rejecting, unconditionally the proposition of the committee.

Article 70. The committee of taxation shall at every Diet suggest general principles for dividing the future taxes, and the amount having been fixed, the committee shall also propose how these are to be paid, referring their proposition to the consideration and decision of the states.

Article 71. Should a difference of opinion arise between the orders, as to these principles and the mode of applying them, and dividing the taxes; or, what hardly can be presumed, any order decline participating in the proposed taxation, the order, which may thus desire some alteration, shall communicate their views to the other representatives, and suggest in what mode this alteration may be effected without frustrating the general object. The committee of taxation having again reported thereon to the estates, they, the estates, shall decide the question at issue. If three orders object to the proposition of the committee, it shall be rejected. If, again, three orders oppose the demands of a single order, or if two be of an opinion contrary to that of the other two, the question shall be referred to the committee of finances, with an additional number of members, as enacted in the above article. If the majority of this committee assent to the proposition of the committee of taxation, in those points concerning which the representatives have disagreed, the proposition shall be considered as the general resolution of the estates. Should it, on the contrary, be negatived by a majority of votes, or be rejected by three orders, the committee of taxation shall propose other principles for levying and dividing the taxes.

Article 72. The national bank shall remain, as formerly, under the superintendence and guarantee of the estates, and the management of directors selected from among all the orders, according to existing regulations. The states alone can issue bank-notes, which are to be recognized as the circulating medium of the realm.

Article 73. No troops, new taxes or imposts, either in money or kind, can be levied without the voluntary consent of the estates, in the usual order, as aforesaid.

Article 74. The king shall have no right to demand or levy any other aid for carrying on war, than that contribution of provisions which may be necessary for the maintenance of the troops during their march through a province. These contributions shall, however, be immediately paid out of the treasury, according to the fixed price-current of provisions, with an augmentation of a moiety, according to this valuation. Such contributions may not be demanded for troops which have been quartered in a place, or are employed in military operations, in which case they shall be supplied with provisions from the magazines.

Article 75. The annual estimation of such rentes as are paid in kind shall be fixed by deputies elected from among all the orders of the estates.

Article 76. The king cannot, without the consent of the estates, contract loans within or without the kingdom, nor burthen the land with any new debts.

{585}

Article 77. He cannot also, without the consent of the estates, vend, pledge, mortgage, or in any other way alienate domains, farms, forests, parks, preserves of game, meadows, pasture-land, fisheries, and other appurtenances of the crown. These shall be managed according to the instructions of the estates.

Article 78. No part of the kingdom can be alienated through sale, mortgage, donation, or in any other way whatever.

Article 79. No alteration can be effected in the standard value of the coin, either for enhancing or deteriorating it, without the consent of the estates.

Article 80. The land and naval forces of the realm shall remain on the same footing, till the king and the estates may think proper to introduce some other principles. No regular troops can be raised, without the mutual consent of the king and the estates.

Article 81. This form of government and the other fundamental laws cannot be altered or repealed, without the unanimous consent of the king and the estates. Questions to this effect cannot be brought forward at the meetings of the orders, but must be referred to the constitutional committee, whose province it is to suggest such alterations in the fundamental laws, as may be deemed necessary, useful, and practicable. The estates may not decide on such proposed alterations at the same Diet. If all the orders agree about the alteration, it shall be submitted to the king, through the speakers, for obtaining his royal sanction, After having ascertained the opinion of the council, the king shall take his resolution, and communicate to the estates either his approbation or reasons for refusing it. In the event of the king proposing any alteration in the fundamental laws, he shall, after having taken the opinion of the council, deliver his proposition to the estates, who shall, without discussing it, again refer it to the constitutional committee. If the committee coincide in the proposition of the king, the question shall remain till next Diet. If again the committee is averse to the proposition of the king, the estates may either reject it immediately or adjourn it to the following Diet. In the case of all the orders approving of the proposition, they shall request that a day be appointed to declare their consent in the presence of his majesty, or signify their disapprobation through their speakers.

Article 82. What the estates have thus unanimously resolved and the king sanctioned, concerning alterations in the fundamental laws, or the king has proposed and the estates approved of, shall for the future have the force and effect of a fundamental law.

Article 83. No explanation of the fundamental laws may be established by any other mode or order, than that prescribed by the two preceding articles. Laws shall be applied according to their literal sense.

Article 84. When the constitutional committee find no reason for approving of the proposition, made by a representative concerning alterations or explanations of the fundamental laws, it shall be the duty of the committee to communicate to him, at his request, their opinion, which the proposer of the resolution may publish, with his own motion, and under the usual responsibility of authors.

Article 85. As fundamental laws of the present form of government, there shall be considered the ordinance of Diet, the order of succession, and the act concerning universal liberty of the press.

Article 86. By the liberty of the press is understood the right of every Swedish subject to publish his writings, without any impediment from the government, and without being responsible for them, except before a court of justice, or liable to punishment, unless their contents be contrary to a clear law, made for the preservation of public peace. The minutes, or protocols, or the proceedings, may be published in any case, excepting the minutes kept in the council of state and before the king in ministerial affairs, and those matters of military command; nor may the records of the bank, and the office of the funds of amortissement, or national debt, be printed.

Article 87. The estates, together with the king, have the right to make new and repeal old laws. In this view such questions must be proposed at the general meetings of the orders of the estates, and shall be decided by them, after having taken the opinion of the law committee, as laid down in the 56th article. The proposition shall be submitted, through the speakers, to the king, who, after having ascertained the opinion of the council of state and supreme court, shall declare either his royal approbation, or motives for withholding it. Should the king desire to propose any alteration in the laws, he shall, after having consulted the council of state and supreme court, refer his proposition, together with their opinion, to the deliberation of the states, who, after having received the report of the law committee, shall decide on the point. In all such questions the resolution of three orders shall be considered as the resolution of the estates of the realm. If two orders are opposed to the other two, the proposition is negatived, and the law is to remain as formerly.

Article 88. The same course, or mode of proceeding, shall be observed in explaining the civil, criminal, and ecclesiastical laws, as in making these. Explanations concerning the proper sense of the law given by the supreme court in the name of the king, in the interval between the Diets, may be rejected by the states, and shall not afterwards be valid, or cited by the courts of judicature.

Article 89. At the general meetings of the orders of the estates, questions may be proposed for altering, explaining, repealing, and issuing acts concerning public economy; and the principles of public institutions of any kind may be discussed. These questions shall afterwards be referred to the committee of public grievances and economical affairs, and then be submitted to the decision of the king, in a council of state. When the king is pleased to invite the estates to deliberate with him on questions concerning the general administration, the same course shall be adopted as is prescribed for questions concerning the laws.

Article 90. During the deliberations of the orders, or their committees, no questions shall be proposed but in the way expressly prescribed by this fundamental law, concerning either appointing or removing of officers, decisions and resolutions of the government and courts of law, and the conduct of private individuals and corporations.

Article 91. When the king, in such cases as those mentioned in the 39th article, is absent from the kingdom longer than twelve months, the council shall convoke the estates to a general Diet, and cause the summons to be proclaimed within fifteen days from the above time, in the churches of the capital, and speedily afterwards in the other parts of the kingdom. If the king, after being informed thereof, does not return to the kingdom, the estates shall adopt such measures as they deem most beneficial for the country.

{586}

Article 92. The same shall be enacted in case of any disease or ill health of the king, which might prevent him from attending to the affairs of the kingdom for more than twelve months.

Article 93. When the heir of the crown, at the decease of the king, is under age, the council of state shall issue summons to the representatives to meet. The estates of the realm shall have the right, without regard to the will of a deceased king concerning the administration, to appoint one or several guardians, to rule in the king's name, according to this fundamental law, till the king becomes of age.

Article 94. Should it ever happen that the royal family become extinct in the male line, the council of state shall convene the estates, to elect another royal family to rule conformably to this fundamental law.

Article 95. Should, contrary to expectation, the council of state fail to convoke the estates, in the cases prescribed by the 91st, 93d, and 94th articles, it shall be the positive duty of the directors of the house of nobles, the chapters throughout the kingdom, the magistrates in the capital, and the governors in the provinces, to give public notice thereof, in order that elections of deputies to the Diet may forthwith take place, and the estates assemble to protect their privileges and rights of the kingdom. Such a Diet shall be opened on the fiftieth day from that period when the council of state had proclaimed the summons in the churches of the capital.

Article 96. The estates shall at every Diet appoint an officer, distinguished for integrity and learning in the law, to watch over, as their deputy, the conduct of the judges and other official men, and who shall, in legal order and at the proper court, arraign those who in the performance of their offices have betrayed negligence and partiality, or else have committed any illegal act. He shall, however, be liable to the same responsibility as the law prescribes for public prosecutors in general.

Article 97. This deputy or attorney-general of the estates shall be chosen by twelve electors out of every order.

Article 98. The electors shall at the same time they choose the said attorney-general, elect a person possessing equal or similar qualities to succeed him, in case of his death before the next Diet.

Article 99. The attorney-general may, whenever he pleases, attend the sessions of all the superior and inferior courts, and the public offices, and shall have free access to their records and minutes; and the king's officers shall be bound to give him every assistance.

Article 100. The attorney-general shall at every Diet present a report of the performance of his office, explaining the state of the administration of justice in the land, noticing the defects in the existing laws, and suggesting new improvements. He shall also, at the end of each year, publish a general statement concerning these.

Article 101. Should the supreme court, or any of its members, from interest, partiality, or negligence, judge so wrong that an individual, contrary to law and evidence, did lose or might have lost life, liberty, honour, or property, the attorney-general shall be bound, and the chancellor of justice authorised, to arraign the guilty, according to the laws of the realm, in the court after mentioned.

Article 102. This court is to be denominated the court of justice for the realm, and shall be formed by the president in the superior court of Swea, the presidents of all the public boards, four senior members of the council of state, the highest commander of the troops within the capital, and the commander of the squadron of the fleet stationed at the capital, two of the senior members of the superior court of Swea, and the senior member of all the public boards. Should any of the officers mentioned above decline attending this court, he shall be legally responsible for such a neglect of duty. After trial, the judgment shall be publicly announced: no one can alter such a sentence. The king may, however, extend pardon to the guilty, but not admitting him any more into the service of the kingdom.

Article 103. The estates shall at every Diet nominate a jury of twelve members from out of each order, for deciding if the members of the supreme court of justice have deserved to fill their important places, or if any member, without having been legally convicted for the faults mentioned in the above articles, yet ought to be removed from office.

Article 104. The estates shall not resolve themselves into a court of justice, nor enter into any special examination of the decrees, verdicts, resolutions of the supreme court.

Article 105. The constitutional committee shall have right to demand the minutes of the council of state, except those which concern ministerial or foreign affairs, and matters of military command, which may only be communicated as far as these have a reference to generally known events, specified by the committee.

Article 106. Should the committee find from these minutes that any member of the council of state has openly acted against the clear dictates of the constitution, or advised any infringement either of the same or of the other laws of the realm, or that he had omitted to remonstrate against such a violation, or caused and promoted it by wilfully concealing any information, the committee shall order the attorney-general to institute the proper proceedings against the guilty.

Article 107. If the constitutional committee should find that any or all the members of the council of state have not consulted the real interest of the kingdom, or that any of the secretaries of state have not performed his or their official duties with impartiality, activity, and skill, the committee shall report it to the estates, who, if they deem it necessary, may signify to the king their wish of having those removed, who may thus have given dissatisfaction. Questions to this effect may be brought forward at the general meetings of the orders, and even be proposed by any of the committees. These cannot, however, be decided until the constitutional committee have delivered their opinion.

Article 108. The estates shall at every Diet appoint six individuals, two of whom must be learned in the law, besides the attorney-general, to watch over the liberty of the press. These deputies shall be bound to give their opinion as to the legality of publications, if such be requested by the authors. These deputies shall be chosen by six electors out of every order.

{587}

Article 109. Diets may not last longer than three months from the time that the king has informed the representatives of the state of the revenues. Should, however, the estates at the expiration of that time not have concluded their deliberations, they may demand the Diet to be prolonged for another month, which the king shall not refuse. If again, contrary to expectation, the estates at the expiration of this term have not regulated the civil list, the king shall dissolve the Diet, and taxation continue in its former state till the next meeting of representatives.

Article 110. No representative shall be responsible for any opinion uttered at meetings of the orders, or of the committees, unless by the express permission of at least five-sixths of his own order: nor can a representative be banished from the Diet. Should any individual or body, either civil or military, endeavour to offer violence to the estates, or to any individual representative, or presume to interrupt and disturb their deliberations, it shall be considered as an act of treason, and it rests with the estates to take legal cognizance of such an offence.

Article 111. Should any representative, after having announced himself as such, be insulted, either at the Diet or on his way to or from the same, it shall be punished as a violation of the peace of the king.

Article 112. No official person may exercise his official authority (his authority in that capacity) to influence the elections of deputies to the Diet, under pain of losing his place.

Article 113. Individuals elected for regulating the taxation shall not be responsible for their lawful deeds in this their capacity.

Article 114. The king shall leave the estates in undisturbed possession of their liberties, privileges, and immunities. Modifications which the prosperity of the realm may demand can only be done with the general concurrence and consent of the estates and the sanction of the king. Nor can any new privileges be granted to one order, without the consent of the other, and the sanction of the sovereign.

This we have confirmed by our names and seals, on the sixth day of the month of June, in the year after the birth of our Lord one thousand eight hundred and nine.

On behalf of the Nobles, M. Ankarsvard. On behalf of the Clergy, Jac. Ax. Lindblom. On behalf of the Burghers, H. N. Schwan. On behalf of the Peasantry, Lars Olsson, Speakers.

The above form of government we have not only acknowledged Ourselves, but do also command all our faithful subjects to obey it; in confirmation of which, we have thereto affixed our manual signature and the seal of the realm. In the city of our royal residence, Stockholm, on the sixth day of the month of June, in the year after the birth of our Lord one thousand eight hundred and nine.

CHARLES.

CONSTITUTION OF SWEDEN: End----------

CONSTITUTION OF THE SWISS CONFEDERATION.

After the Sonderbund secession and war of 1847 (see SWITZERLAND: A. D. 1803-1848), the task of drawing up a Constitution for the Confederacy was confided to a committee of fourteen members, and the work was finished on the 14th of April, 1848. "The project was submitted to the Cantons, and accepted at once by thirteen and a half; others joined during the summer, and the new Constitution was finally promulgated with the assent of all on the 12th September. Hence arose the seventh and last phase of the Confederation, by the adoption of a Federal Constitution for the whole of Switzerland, being the first which was entirely the work of Swiss, without any foreign influence, although its authors had studied that of the United States. ... It was natural that, as in process of time commerce and industry were developed, and as the differences between the legislation of the various Cantons became more apparent, a revision of the first really Swiss Confederation should be necessary. This was proposed both in 1871 and 1872, but the partisans of a further centralization, though successful in the Chambers, were defeated upon an appeal to the popular vote on the 12th of May 1872, by a majority of between five and six thousand, and by thirteen Cantons to nine. The question was, however, by no means settled, and in 1874 a new project of revision more acceptable to the partisans of cantonal independence, was adopted by the people, the numbers being 340,199, to 198,013. The Cantons were about two to one in favour of the revision, 14½ declaring for and 7½ against it. This Constitution bears date the 29th May, 1874, and has since been added to and altered in certain particulars."

_Sir F. O. Adams and C. D. Cunningham, The Swiss Confederation, chapter 1._

"Since 1848, ... Switzerland has been a federal state, consisting of a central authority, the Bund, and 19 entire and six half states, the Cantons; to foreign powers she presents an united front, while her internal policy allows to each Canton a large amount of independence. ... The basis of all legislative division is the Commune or Gemeinde; corresponding in some slight degree to the English Parish. The Commune in its legislative and administrative aspect or 'Einwohnergemeinde' is composed of all the inhabitants of a Commune. It is self-governing and has the control of the local police; it also administers all matters connected with pauperism, education, sanitary and funeral regulations, the fire brigade, the maintenance of public peace and trusteeships. ... At the head of the Commune is the Gemeinderath, or Communal Council, whose members are elected from the inhabitants for a fixed period. It is presided over by an Ammann, or Mayor, or President. ... Above the Commune on the ascending scale comes the Canton. ... Each of the 19 Cantons and 6 half Cantons is a sovereign state, whose privileges are nevertheless limited by the Federal Constitution, particularly as regards legal and military matters; the Constitution also defines the extent of each Canton, and no portion of a Canton is allowed to secede and join itself to another Canton. ... Legislative power is in the hands of the 'Volk'; in the political sense of the word the 'Volk' consists of all the Swiss living in the Canton, who have passed their 20th year and are not under disability from crime or bankruptcy. {588} The voting on the part of the people deals mostly with alterations in the cantonal constitution, treaties, laws, decisions of the First Council involving expenditures of Frs. 100,000 and upward, and other decisions which the Council considers advisable to subject to the public vote, which also determines the adoption of propositions for the creation of new laws, or the alteration or abolition of old ones, when such a plebiscite is demanded by a petition signed by 5,000 voters. ... The First Council (Grosse Rath) is the highest political and administrative power of the Canton. It corresponds to the 'Chamber' of other countries. Every 1,300 inhabitants of an electoral circuit send one member. ... The Kleine Rath or special council (corresponding to the 'Ministerium' of other continental countries) is composed of three members and has three proxies. It is chosen by the First Council for a period of two years. It superintends all cantonal institutions and controls the various public boards. ... The populations of the 22 sovereign Cantons constitute together the Swiss Confederation."

_P. Hauri, Sketch of the Constitution of Switzerland (in Strickland's The Engadine)._

The following text of the Federal Constitution of the Swiss Confederation is a translation from parallel French and German texts, by Professor Albert Bushnell Hart, of Harvard College. It appeared originally in "Old South Leaflets," No. 18, and is now reprinted under permission from Professor Hart, who has most kindly revised his translation throughout and introduced the later amendments, to July, 1893.

In the Name of Almighty God. The Swiss Confederation, desiring to confirm the alliance of the Confederates, to maintain and to promote the unity, strength, and honor of the Swiss nation, has adopted the Federal Constitution following: