Chapter 10

In the Cabinet Council held by the King at the Royal Palace in Stockholm on May 27th the Norwegian Government presented their proposal respecting the sanction of the Storthing to the Norwegian Consular law. After which the members of the Section expressed their unanimity respecting the proposals, and urgently appealed to the King to sanction them. They emphasized the reform in question for the development of the country in a national and economical respect, which was unanimously approved of both by the National Assembly and also the whole of the people of Norway. There might be many differences of opinion and divergencies on various public affairs, but in this case, there was complete unanimity among all parties and communities. The Storthing, in conjunction with the government, had omitted from the law such questions as might have reference to the points that touched upon the Foreign and Diplomatic administration and dealt with the Consular question alone.

Therefore it was thought that all cause of opposition would, on this side, be removed. It was therefore the nation's sincere hope, that His Majesty would graciously incline to their appeal.

The King

thereupon read the following reply.

»The Crown-Prince as Regent in a joint Cabinet Council on the 5th April has already pointed out the only way, in which this important matter can be presented, and all difficulties thereby be removed, that is, by negotiation. I give this decision my entire approval, and do not find the present moment suitable for sanctioning the law, which implies a change in the existing partnership in the Consular Service, which cannot be dissolved except by mutual agreement. The present regulation is established in consequence of a resolution in a Joint Cabinet Council, and therefore a separate Consular Service cannot be established either for Sweden or for Norway before the matter has been dealt with in the same Constitutional forms prescribed by the Act of Union § 5. In refusing now to give My sanction to this law, I am supported by §§ 30 and 78 in the Constitutional law, which give the King this right. The equal love I bear to my two peoples, makes it my duty to exercise this right.»

The Section of the Cabinet Council resolved first to institute further negotiations in the Cabinet Council in Christiania, in order that His Majesty might deal with this important matter, which might lead to a serious crisis in the government then in office.

The King

declared Himself unwilling to assent to this appeal and pointed out that the Norwegian government's proposal was received and dealt with.

Thereupon the Section of the Cabinet Council made the strongest representations in reference to His Majesty's decision, which would rouse complaints in Norway, where they had hoped that the persistent and loyal efforts to solve the problem through negotiations with Sweden, would have led to happy results in reference to the rights and claims of the Kingdom. In this case Norway's interests in the Union were equal with those of Sweden. For that Norway's rights were respected, was a necessary condition for a safe guarantee of the Union. A resolution after His Majesty's decision against the unanimous proposal of the government, and after a declaration which was given with Norwegian advice, would have incalculable results. It was in conflict without Constitutional law, it was denial of the right according to fundamental law of independent decision on the matter, and a violation of its liberty, independence, and Sovereignty. It would inevitably lead to the dissolution of the Union.

The Section of the Cabinet Council further stated that no member of the present Council would countersign such a resolution, and thus give it constitutional legality. They must therefore tender their letters of resignation.

His Majesty the King

then read the following reply:

»As it is evident to Me that a new government cannot now be formed I cannot consent to he resignation of the Ministers.»

Furthermore His Majesty referred to the Constitution § 30, and affirmed that the Ministers had now dutifully »expressed their opinions with boldness», and »made strong representations» against His decision; therefore they were free from responsibility. But the same paragraph reserved to the King the right to make his decisions, »according to His own judgment.» He was therefore entitled, according to fundamental law, to make the above mentioned decision, and it was the duty of the Ministers to draw up and countersign the protocol respecting the negotiations and agreements on the matter.

The Section of Ministers hereupon alleged that according to the Constitutional law § 15 the Prime Minister was the responsible executive for the accepted resolutions. Until the decision had been countersigned, it was not obligatory; a report could, naturally, be given of the negotiations, but not the customary protocol, including also a Royal decree.

Countersignature implied responsibility for the King's decisions, but in this case the government could not take that responsibility. It was prescribed in the Constitution § 31 for all commands issued by the King (except affairs relating to military orders). But this conclusion was not a regular rule for the members of the Cabinet; it was a prescription for the forms to be observed in order to give a command legal validity. Occasions might therefore occur when it was not only right, but also a duty to refuse countersignature. The Section of the Cabinet Council had appealed to the Justice-Departement for enlightenment on the subject, and they knew that there had been several occasions when the Norwegian side had maintained the same opinions as those now presented.

The Departement now comes to the same conclusion as in 1847 when it discussed the question in another agreement namely in a Resolution on the intended proposal for a new Act of Union; in this there is a reference to the Norwegian conception that there is nothing to prevent a member of the Council from refusing countersignature and resigning his office. This Resolution is accepted by the Government then in office: Lovenskiold, Krog, Sibbern, Schmidt, Pettersen, Herm. Foss and Fr. Stang and by the members then forming the Section of the Cabinet Council, Due, J. H. Vogt and Fleischer.

The Section of the Cabinet Council finally decided that as a refusal to sanction would manifestly not be only injurious to the Kingdom, but also a denial of its Self-dependence, it had become a necessity to refuse countersignature, in order to avoid being a party in the matter. The Norwegian who did countersign would from that moment lose all national rights.

After which the letters of resignation from the Norwegian Government, and from the Section of the Cabinet Council were delivered and read in the presence of the King. Respecting this matter, the customary protocol has been drawn up.

Kristiania 30:th May 1905.

_J. Lovland._ _E. Hagerup Bull._ _Harald Bothner._

20.

The King's telegraphic protest against the declarations of the Norwegian Government. Dated Stockholm, May 29, 1905.

Stockholm, May 29. On account of what the Norwegian Government has declared--not only in writing in their resignations, but also verbally in the Cabinet Council of May 27 after my rejection of the Consular service law--I must declare that I, most decidedly, protest against the comments made there on Me and my method of action. I adhere to everything I have stated to the assembled Cabinet Council as to my constitutional right. I beg the Premie minister to give publicity to this as soon as possible.

_Oscar._

21.

The Norwegian Cabinet Minister's notification to the King that they resigned their posts. Dated Christiania, Juni 6, 1905.

In response to our humble resignations, Your Majesty has in Cabinet Council at the Palace of Stockholm on May 27th, decreed: »As it is clear to me that no other Cabinet can at present be formed, I decline to accept the resignations tendered by the Cabinet Ministers.»

According to Norway's Constitution it is incumbent on the King to procure a constitutional Government for the country. In the same moment as the Kings policy is an obstacle to the formation of a responsible Council the Norwegian Royal power has become in-operative.

By your Majesty's resolution therefore, the constitutional relation between Your Majesty and the responsible Ministers of the Crown has assumed such an aspect as cannot be maintained. No Government and none of its members individually can, in a constitutional country, be forced against their wishes to remain in office with a Ministers responsibility, when their responsible advice in great questions decisive to the Fatherland is not followed by the King who, in persuace of the constitution, is exempt from responsibility whereas under these circumstances it is the undoubted right of each member individually as a free man to resign his post, this will also, as a rule, be a duty towards the Fatherland in order to maintain its constitutional rights.

Your Majesty has declared that no Government can, at present, be formed. Your Majesty has found this so clear that Norway's King in these fatal days has remained at the Palace of Stockholm without making an attempt at bringing the country back to constitutional conditions.

The policy manifested in Your Majesty's attitude towards the question of sanctioning the Consular service law is, in our opinion, incompatible with the Norwegian Constitution. But no more than a new Government is able to take upon itself the responsibility of this policy, no more are we able in office to render us participant of it by remaining in office. It is therefore our duty to resign our posts and to immediately give the Storthing the necessary communication of it.

This shall now be done. Deep and discordant political divergencies have thus burst the frame of the constitutional Norwegian Monarchy. Circumstances have been stranger than the desire of the individual. But the final settlement on the dissolution of the Union, that through Your Majesty's resolution--no doubt passed with a heavy heart, but also with full knowledge of its consequences--has now been started, will however, --this is our hope--turn out before long to have been the introduction to better and happier days for the two peoples, whose happiness and welfare have always been dear to Your Majesty's heart.

In conclusion we venture to tender Your Majesty our humblest thanks for the personal kindness and amiability shown to us during the time we have had the honour of being members of Your Majesty's Council.

We beg Your Majesty to accept the assurance of our full recognition of Your Majesty's difficult position and of our invaried esteem. But paramount are our duties towards the Fatherland.

Christiania, June 6, 1905.

_Chr. Michelsen._ _J. Lövland._ _Sofus Arctander._ _Gunnar Knudsen._ _W. Olssön._ _E. Hagerup Bull._ _Chr. Knudsen._ _Harald Bothner._ _A. Vinje._ _Kr. Lehmkuhl._

22.

The King's telegraphic protests against the abdication of the Norwegian Government.

To _the Prime Minister_.

I have received the communication of the Cabinet Ministers and I record a most decided protest against the method of action of the Government.

_Oscar._

* * * * *

To _the President of Storthing_.

Having this morning received from the Government the communication of the Cabinet Minister's resolution to resign their posts and to inform the Storthing of it I want herewith to make known that, in a telegram to M. Michelsen, Prime minister, I have recorded a most decided protest against their method of action.

_Oscar._

23.

The Reasons for the decision proposed by the President, in the Storting, on the 7th June 1905.

Having on behalf of the Storthing received open information from the head of the Government that the several members of the Cabinet council have one and all resigned hereby declare: We were all prepared for the situation in which we now find ourselves. In meetings of the representatives, the question has therefore been discussed as to what measures would be taken by the Storthing to meet the necessities of such a situation. Every representative has had an opportunity for making known his personal opinions at these meetings respecting the situation and its demands. On this day the Storthing must make known its decisive resolutions. I must also permit myself to express the wish, that these resolutions may be unanimously accepted, and without debate.

In respect to the communication given by the head of the Government I propose that the Storthing shall make the following resolutions:

The different members of the Council having resigned office,

His Majesty the King having declared Himself unable to form a new government, and the Constitutional Sovereign having resigned his powers,

the Storthing authorizes the members of the Council who resigned this day, to assume until further notice, as the Norwegian government, the authority granted the King in accordance with the Constitution of the Norwegian Kingdom and its valid law--with the changes that become necessary through the fact that the Union with Sweden under one King is dissolved as a consequence of the King having ceased to act as King of Norway.

24.

The address of the Storthing to King Oscar, dated Christiania, June 7, 1905.

Your Majesty,

Whereas all the members of the Cabinet have to-day, in the Storthing, resigned their posts, and whereas Your Majesty in the Protocol of May 27 officially declared that Your Majesty did not see your way clear to create a new Government for the country, the Constitutional Regal power in Norway has thereby become inoperative.

It has therefore been the duty of the Storthing, as the representative of the Norwegian people, without delay to empower the members of the resigning Cabinet to exercise until further notice as the Norwegian Government the power appertaining to the King in accordance with the Constitution of the Kingdom of Norway and the existing laws with the changes which are necessitated by the fact that the union with Sweden, which provides that there shall be a common King, is dissolved in consequence of the fact that the King has ceased to act as King of Norway.

The course of developments, which proved more powerful than the desire and will of the individual, has led to this result.

The union entered into in 1814 has from its first hour been differently interpreted by the two nations both as regards its spirit and letter. Efforts have been made on the Swedish side to extend the Union, and on the Norwegian side to confine it within the limits laid down in the Act of Union, and otherwise to assert the independent power of both States in all matters which are not defined in that Act as coming under the Union. The difference of principle in the interpretation of the character of the Union has provoked much misunderstanding between the two peoples, and has caused much friction. In the interpretation which, during the last negotiations between the two countries, has been laid down by the Swedish Government as against Norway, the Norwegian people were bound to perceive an injury to their constitutional right, their independence, and their national honour.

The Union was justified as long as it could contribute to promoting the welfare and happiness of both peoples, while maintaining their independence as Sovereign States. But above the Union their stands for us Norwegians our Norwegian Fatherland, and for the Swedes their Swedish Fatherland. And more valuable than a political union are the feelings of solidarity and voluntary cohesion of both peoples. The union has become a danger to this feeling of solidarity between the Norwegian and Swedish people which should secure the happiness of both nations and constitute their strength abroad.

When the union is now severed, the Norwegian people have no loftier wish than to live in peace and good harmony with all, not least with the people of Sweden and the dynasty under the direction of which our country, despite many and bitter disputes affecting the union, has attained such important intellectual and material development.

As evidence of the fact that the work and the struggle of the Norwegian people for the full independence of the Fatherland have not been formed on any ill-feeling towards the Royal House or the Swedish people, and have not left behind any bitterness towards any of these, the Storthing respectfully solicits your Majesty's co-operation to the end that a Prince of your Majesty's house may be permitted, while relinquishing his right of succession to the Throne of Sweden, to accept election as King of Norway.

The day upon which the Norwegian people elect their own King to ascend the ancient throne of Norway will open up an era of tranquil conditions of industry for Norway, of good and cordial relations to the Swedish people, and of peace and concord and loyal co-operation in the north for the protection of the civilization of the people and of their freedom and independence.

In full assurance of this, the Storthing ventures to express the sincere hope, that the present events, will turn out to be for the good of all, also for their Majesties, for whom personally the Norwegian people will preserve their respect and affection.

25.

The King's telegraphic protest against the resolution of the Storthing. Despatched June 8th 1905.

As We hereby declare that We do not approve of the revolutionary measures which have been deplorably taken by the Storthing in violation of the Constitution and Act of Union, and in revolt against their King, We refuse to receive the deputation proposed by the Storthing.

_Oscar._

26.

Extract of the protocol of Civil business held in Council before His Majesty in the presence of His Royal Highness The Crown Prince at the Royal Palace Stocholm June 9th 1905.

[-- -- --]

His Excellency Mr. Ramstedt, Prime Minister, stated:

»According to information received from Norway the Norwegian Storthing has, on the 7th inst. passed the following resolutions:

'The members of the Cabinet having resigned their office and the King having declared himself unable to form a new government; and the Constitutional Sovereign thereby having resigned His powers, the Storthing authorises the members of the Council who resigned this day, to assume until further notice, as the Norwegian Government, the authority granted to the King according to the Constitution of the Norwegian Kingdom and its valid law--with the changes that become neccessary through the fact that the Union with Sweden under one King is dissolved, in consequence of the King having ceased to Act as King of Norway.'

Through this revolutionary measure, the Storthing has not only without the King's assistance, but also without referring to Sweden arbitrarily passed a resolution respecting the dissolution of a Union which has existed on the grounds of legal mutual agreements between the two countries and cannot without mutual consent be broken.

The Storthing, having thus by this resolution, violated Sweden's prerogative it becomes undeniably necessary that an extra session of the Diet be immediately summoned in order to debate as to what measures should be taken on Sweden's side, with reference to what has thus occurred. Herewith I appeal that Your Majesty will resolve on the summoning of the Diet, at the same time Your Majesty intimates disacknowledgement of the government, proclaimed by the Storthing».

In this address the rest of the members proclaimed themselves unanimous;

And His Majesty the King consented to this, and in accordance with the Prime Minister's recommendation was graciously pleased to decree, by open letter and edict, the import of which are contained in the appendage to this protocol, that the members of both Chambers of the Diet be summoned to an extra session in Stockholm on Tuesday June 20th.

27.

Address from the King to the President of the Storthing.

To the President of the Storthing!

To you, and through you to the Storthing and the entire population of Norway, I address the following words, in answer to the address and decision both of the Norwegian Cabinet and the Storthing:

The oath that the King of Norway takes according to the Constitution § 9 on his accession to the throne, »that he will rule the Kingdom of Norway in accordance with its constitution and law», makes it a kingly duty for Me not to pay any attention to the statement of the Norwegian Cabinet in reference to my decree on May 27th ult., in which I declared, that, for the present, I did not find it suitable to sanction the Storthing's proposal respecting the establishment of a separate Norwegian Consular Service. The Cabinet thereby declared that this decree, being in conflict with the unanimous recommendation of the Norwegian Cabinet would imply a depreciation of a right in accordance with the Norwegian fundamental law, independently to settle the matter in question, and also implied a violation of Norway's freedom, independence and Sovereignty, and at the same time the Cabinet declared that no member of the Ministry then sitting would be willing to countersign My Decree, and thereby, according to the opinion of the Cabinet, give it legislative validity.

The Norwegian King's prerogative, when he thinks the welfare of the kingdom demands it, to refuse His sanction to a proposal presented in due form by the Storthing is unconditional. From this rule, there is no exception even though the Storthing were to present the same resolution ever so many times in precisely the same terms. Meanwhile according to the fundamental law (Constitution § 79) the decision of the Storthing becomes the law of Norway without the sanction of the King, but in order to accomplish this, are required unaltered resolutions from three Storthings drawn up after three consecutive elections, which resolution must be laid before the King, »with an appeal, that His Majesty will not refuse to sanction the resolution, which the Storthing after the most careful considerations, believes to be advantageous. In the case now in hand, there was no question of any such resolution from the Storthing, and therefore the regulation in the fundamental law § 78: could be suitably applied: »If the King sanctions the resolution, He signs it with His superscription, on which it becomes the law. If He does not sanction it, He returns it to the Odelsthing (Lower House) with the declaration that for the present He finds it unsuitable to sanction.» And the paragraph continues: »The resolution may not again on that occasion be laid before the King by the members of the Storthing then assembled.» By this last mentioned prescription the Constitution has evidently meant to protect the Norwegian King's liberty in the exercise of the legislative powers which are his indisputable right.