Foreigners, however, may be nominated to these official
situations in the university and colleges, as well as to
those of physicians, and consuls in a foreign country. In
order to succeed to an office in the superior tribunal, the
person must be thirty years old; and to fill a place in the
inferior magistracy,--a judge of the tribunal of first
instance, or a public receiver, he must be twenty-five.
2. Norway does not acknowledge herself owing any other debt
than that of her own.
3. A new general code, of a civil and criminal nature,
shall first be published; or, if that is impracticable, at
the second ordinary Storthing. Meantime, the laws of the
state, as at present existing, shall preserve their effect,
since they are not contrary to this fundamental law, or
provisional ordinances published in the interval. Permanent
taxes shall continue to be levied until next Storthing.
4. No protecting dispensation, letter of respite, or
restitutions, shall be granted after the new general code
shall be published.
5. No persons can be judged but in conformity to the law, or
be punished until a tribunal shall have taken cognizance of
the charges directed against them. Torture shall never take
place.
6. Laws shall have no retro-active effect.
7. Fees due to officers of justice are not to be combined with
rents payable to the public treasury.
8. Arrest ought not to take place excepting in cases and in
the manner fixed by law. Illegal arrests, and unlawful delays,
render him who occasions them responsible to the person
arrested. Government is not authorized to employ military
force against the members of the state, but under the forms
prescribed by the laws, unless an assembly which disturbs the
public tranquillity does not instantly disperse after the
articles of the code concerning sedition shall have been read
aloud three times by the civil authorities.
9. The liberty of the press shall be established. No person
can be punished for a writing he has ordered to be printed or
published, whatever may be the contents of it, unless he has,
by himself or others, wilfully declared, or prompted others
to, disobedience of the laws, contempt for religion, and
constitutional powers, and resistance to their operations; or
has advanced false and defamatory accusations against others.
It is permitted to everyone to speak freely his opinion on the
administration of the state, or on any other object whatever.
10. New and permanent restrictions on the freedom of industry
are not to be granted in future to anyone.
11. Domiciliary visits are prohibited, excepting in the cases
of criminals.
12. Refuge will not be granted to those who shall be
bankrupts.
13. No person can in any case forfeit his landed property, and
fortune.
14. If the interest of the state requires that anyone should
sacrifice his moveable or immovable property for the public
benefit, he shall be fully indemnified by the public treasury.
15. The capital, as well as the revenues of the domains of the
church, can be applied only for the interests of the clergy,
and the prosperity of public instruction. The property of
benevolent institutions shall be employed only for their
profit.
16. The right of the power of redemption called Odelsret*, and
that of possession, called Afædesret (father's right), shall
exist. Particular regulations, which will render these of
utility to the states and agriculture, shall be determined by
the first or second Storthing.
[Footnote: In virtue of the right of "Odelsret," members
of a family to whom certain lands originally pertained, can
reclaim and retake possession of the same, even after the lapse
of centuries, provided these lands are representative of
the title of the family; that is, if for every ten years
successively they shall have judicially made reservation of
their right. This custom, injurious perhaps to the progress of
agriculture, does, however, attach the peasants to their
native soil.]
17. No county, barony, majorat or "fidei commis" shall be
created for the future.
[Footnote: "fidei commis"--Entail.]
18. Every citizen of the state, without regard to birth or
fortune, shall be equally obliged, during a particular period,
to defend his country. [Footnote: Every person is obliged to
serve from twenty-one to twenty-three, and not after.] The
application of this principle and its restrictions, as well as
the question of ascertaining to what point it is of benefit to
the country, that this obligation should cease at the age of
twenty-five,--shall be abandoned to the decision of the first
ordinary Storthing, after they shall have been discharged by a
committee; in the meantime, vigorous efforts shall preserve
their effect.
{574}
19. Norway shall retain her own language, her own finances and
coin: institutions which shall be determined upon by laws.
20. Norway has the right of having her own flag of trade and
war, which shall be an union flag.
21. If experience should show the necessity of changing some
part of this fundamental law, a proposition to this purpose
shall be made to an ordinary Storthing, published and printed;
and it only pertains to the next ordinary Storthing to decide
if the change proposed ought to be effectual or not. Such
alteration, however, ought never to be contrary to the
principles of this fundamental law; and should only have for
its object those modifications in which particular regulations
do not alter the spirit of the constitution. Two-thirds of the
Storthing ought to agree upon such a change.
Christiana, 4th November, 1814.
See SCANDINAVIAN STATES (NORWAY): A. D. 1814-1815.
----------CONSTITUTION OF NORWAY: End----------
CONSTITUTION OF PLYMOUTH COLONY
(Compact of the Pilgrim Fathers).
See MASSACHUSETTS: A. D. 1620.
CONSTITUTION OF POLAND (The old).
See POLAND: A. D. 1573, and 1578-1652.
CONSTITUTION OF POLAND: (of 1891).
See POLAND: A. D. 1791-1792.
----------CONSTITUTION OF POLAND: End----------
CONSTITUTION OF PRUSSIA.
The following text of the Constitution granted by Frederick
William, King of Prussia, on the 31st of January, 1850, with
subsequent alterations, is a translation made by Mr. Charles
Lowe, and published in the appendix to his Life of Prince
Bismarck, 1885.
We, Frederick William, &c., hereby proclaim and give to know
that, whereas the Constitution of the Prussian State,
promulgated by us on the 5th December, 1848, subject to
revision in the ordinary course of legislation, and recognised
by both Chambers of our Kingdom, has been submitted to the
prescribed revision; we have finally established that
Constitution in agreement with both Chambers. Now, therefore,
we promulgate, as a fundamental law of the State, as
follows:--
Article 1.
All parts of the Monarchy in its present extent form the
Prussian State Territory.
Article 2.
The limits of this State Territory can only be altered by law.
Article 3.
The Constitution and the laws determine under what conditions
the quality and civil rights of a Prussian may be acquired,
exercised, and forfeited.
Article 4.
All Prussians are equal before the law. Class privileges there
are none. Public offices, subject to the conditions imposed by
law, are equally accessible to all who are competent to hold
them.
Article 5.
Personal freedom is guaranteed. The forms and conditions under
which any limitation thereof, especially arrest, is
permissible, will be determined by law.
Article 6.
The domicile is inviolable. Intrusion and search therein, as
well as the seizing of letters and papers, are only allowed in
legally settled cases.
Article 7.
No one may be deprived of his lawful judge. Exceptional
tribunals and extraordinary commissions are inadmissible.
Article 8.
Punishments can only be threatened or inflicted according to
the law.
Article 9.
Property is inviolable. It can only be taken or curtailed from
reasons of public weal and expediency, and in return for
statutory compensation which, in urgent cases at least, shall
be fixed beforehand.
Article 10.
Civil death and confiscation of property, as punishments, are
not possible.
Article 11.
Freedom of emigration can only be limited by the State, with
reference to military service. Migration fees may not be
levied.
Article 12.
Freedom of religious confession, of meeting in religious
societies (Art. 30 and 31), and of the common exercise of
religion in private and public, is guaranteed. The enjoyment
of civil and political rights is independent of religious
belief, yet the duties of a citizen or a subject may not be
impaired by the exercise of religious liberty.
Article 13.
Religious and clerical societies, which have no corporate
rights, can only acquire those rights by special laws.
Article 14.
The Christian religion is taken as the basis of those State
institutions which are connected with the exercise of
religion--all religious liberty guaranteed by Art. 12
notwithstanding.
Article 15.
[Footnote: Affected by the Falk laws of 1875, and by
the act of 1887 which repealed them.
See GERMANY: A. D. 1873-1887.]
The Protestant and Roman Catholic Churches, as well as every
other religious society, regulate and administer their own
affairs in an independent manner, and remain in possession and
enjoyment of the institutions, foundations, and moneys
intended for their purposes of public worship, education, and
charity.
Article 16.
[Footnote: See Article 15.]
Intercourse between religious societies and their superiors
shall be unobstructed. The making public of Church ordinances
is only subject to those restrictions imposed on all other
publications.
Article 17.
A special law will be passed with respect to Church patronage,
and to the conditions on which it may be abolished.
Article 18.
[Footnote: See Article 15.]
Abolished is the right of nominating, proposing, electing, and
confirming, in the matter of appointments to ecclesiastical
posts, in so far as it belongs to the State, and is not based
on patronage or special legal titles.
Article 19.
Civil marriage will be introduced in accordance with a special
law, which shall also regulate the keeping of a civil
register.
Article 20.
Science and its doctrines are free.
Article 21.
The education of youth shall be sufficiently cared for by
public schools. Parents and their substitutes may not leave
their children or wards without that education prescribed for
the public folk-schools.
{585}
Article 22.
Every one shall be at liberty to give instruction, and
establish institutions for doing so, providing he shall have
given proof of his moral, scientific, and technical capacity
to the State authorities concerned.
Article 23.
All public and private institutions of an educational kind are
under the supervision of authorities appointed by the State.
Public teachers have the rights and duties of State servants.
Article 24.
[Footnote: We cannot translate "Volkschule" better
than by "folk-school."]
In the establishment of public folk-schools, confessional
differences shall receive the greatest possible consideration.
Religious instruction in the folk-schools will be
superintended by the religious societies concerned. Charge of
the other (external) affairs of the folk-schools belongs to
the Parish (Commune). With the statutory co-operation of the
Commune, the State shall appoint teachers in the public
folk-schools from the number of those qualified (for such
posts).
Article 25.
The means for establishing, maintaining, and enlarging the
public folk-schools shall be provided by the Communes, which
may, however, be assisted by the State in proven cases of
parochial inability. The obligations of third persons--based
on special legal titles--remain in force. The State,
therefore, guarantees to teachers in folk-schools a steady
income suitable to local circumstances. In public folk-schools
education shall be imparted free of charge.
Article 26.
A special law will regulate all matters of education.
Article 27.
Every Prussian is entitled to express his opinion freely by
word, writing, print, or artistic representation. Censorship
may not be introduced; every other restriction on freedom of
the Press will only be imposed by law.
Article 28.
Offences committed by word, writing, print, or artistic
representation will be punished in accordance with the general
penal code.
Article 29.
All Prussians are entitled to meet in closed rooms, peacefully
and unarmed, without previous permission from the authorities.
But this provision does not apply to open-air meetings, which
are subject to the law with respect to previous permission
from the authorities.
Article 30.
All Prussians have the right to assemble (in societies) for
such purposes as do not contravene the penal laws. The law
will regulate, with special regard to the preservation of
public security, the exercise of the right guaranteed by this
and the preceding article.
Article 31.
The law shall determine the conditions on which corporate
rights may be granted or refused.
Article 32.
The right of petitioning belongs to all Prussians. Petitions
under a collective name are only permitted to authorities and
corporations.
Article 33.
The privacy of letters is inviolable. The necessary
restrictions of this right, in cases of war and of criminal
investigation, will be determined by law.
Article 34.
All Prussians are bound to bear arms. The extent and manner of
this duty will be fixed by law.
Article 35.
The army comprises all sections of the standing army and the
Landwehr (territorial forces). In the event of war, the King
can call out the Landsturm in accordance with the law.
Article 36.
The armed force (of the nation) can only be employed for the
suppression of internal troubles, and the execution of the
laws, in the cases and manner specified by statute, and on the
requisition of the civil authorities. In the latter respect
exceptions will have to be determined by law.
Article 37.
The military judiciary of the army is restricted to penal
matters, and will be regulated by law. Provisions with regard
to military discipline will remain the subject of special
ordinances.
Article 38.
The armed force (of the nation) may not deliberate either when
on or off duty; nor may it otherwise assemble than when
commanded to do so. Assemblies and meetings of the Landwehr
for the purpose of discussing military institutions, commands
and ordinances, are forbidden even when it is not called out.
Article 39.
The provisions of Arts. 5, 6, 29, 30, and 32 will only apply
to the army in so far as they do not conflict with military
laws and rules of discipline.
Article 40.
The establishment of feudal tenures is forbidden. The Feudal
Union still existing with respect to surviving fiefs shall be
dissolved by law.
Article 41.
The provisions of Art. 40 do not apply to Crown fiefs or to
non-State fiefs.
Article 42.
Abolished without compensation, in accordance with special
laws passed, are:
1. The exercise or transfer of judicial power connected with
the possession of certain lands, together with the dues and
exemptions accruing from this right;
2. The obligations arising from patriarchal jurisdiction,
vassalage, and former tax and trading institutions. And with
these rights are also abolished the counter-services and
burdens hitherto therewith connected.
Article 43.
The person of the King is inviolable.
Article 44.
The King's Ministers are responsible. All Government acts
(documentary) of the King require for their validity the
approval of a Minister, who thereby assumes responsibility for
them.
Article 45.
The King alone is invested with executive power. He appoints
and dismisses Ministers. He orders the promulgation of laws,
and issues the necessary ordinances for their execution.
Article 46.
The King is Commander-in-Chief of the army.
Article 47.
The King fills all posts in the army, as well as in other
branches of the State service, in so far as not otherwise
ordained by law.
Article 48.
The King has the right to declare war and make peace, and to
conclude other treaties with foreign governments. The latter
require for their validity the assent of the Chambers in so
far as they are commercial treaties, or impose burdens on the
State, or obligations on its individual subjects.
Article 49.
The King has the right to pardon, and to mitigate punishment.
But in favour of a Minister condemned for his official acts,
this right can only be exercised on the motion of that Chamber
whence his indictment emanated. Only by special law can the
King suppress inquiries already instituted.
{576}
Article 50.
The King may confer orders and other distinctions, not
carrying with them privileges. He exercises the right of
coinage in accordance with the law.
Article 51.
The King convokes the Chambers, and closes their sessions. He
may dissolve both at once, or only one at a time. In such a
case, however, the electors must be assembled within a period
of 60 days, and the Chambers summoned within a period of 90
days respectively after the dissolution.
Article 52.
The King can adjourn the Chambers. But without their assent
this adjournment may not exceed the space of 30 days, nor be
repeated during the same session.
Article 53.
The Crown, according to the laws of the Royal House, is
hereditary in the male line of that House in accordance with
the law of primogeniture and agnatic succession.
Article 54.
The King attains his majority on completing his 18th year. In
presence of the united Chambers he will take the oath to
observe the Constitution of the Monarchy steadfastly and
inviolably, and to rule in accordance with it and the laws.
Article 55.
Without the consent of both Chambers the King cannot also be
ruler of foreign realms (Reiche).
Article 56.
If the King is a minor, or is otherwise lastingly prevented
from ruling himself, the Regency will be undertaken by that
agnate (Art. 53) who has attained his majority and stands
nearest the Crown. He has immediately to convoke the Chambers,
which, in united session, will decide as to the necessity of
the Regency.
Article 57.
If there be no agnate of age, and if no legal provision has
previously been made for such a contingency, the Ministry of
State will convoke the Chambers, which shall then elect a
Regent in united session. And until the assumption of the
Regency by him, the Ministry of State will conduct the
Government.
Article 58.
The Regent will exercise the powers invested in the King in
the latter's name; and, after institution of the Regency, he
will take an oath before the united Chambers to observe the
Constitution of the Monarchy steadfastly and inviolably, and
to rule in accordance with it and the laws. Until this oath is
taken, the whole Ministry of State for the time being will
remain responsible for all acts of the Government.
Article 59.
To the Crown Trust Fund appertains the annuity drawn from the
income of the forests and domains.
Article 60.
The Ministers, as well as the State officials appointed to
represent them, have access to each Chamber, and must at all
times be listened to at request. Each Chamber can demand the
presence of the Ministers. The Ministers are only entitled to
vote in one or other of the Chambers when members of it.
Article 61.
On the resolution of a Chamber the Ministers may be impeached
for the crime of infringing the Constitution, of bribery, and
of treason. The decision of such a case lies with the Supreme
Tribunal of the Monarchy sitting in United Senates. As long as
two Supreme Tribunals co-exist, they shall unite for the above
purpose. Further details as to matters of responsibility,
(criminal) procedure (thereupon), and punishments, are
reserved for a special law.
Article 62.
The legislative power will be exercised in common by the King
and by two Chambers. Every law requires the assent of the King
and the two Chambers. Money bills and budgets shall first be
laid before the Second Chamber; and the latter (i. e.,
budgets) shall either be wholly approved by the First Chamber,
or rejected altogether.
Article 63.
In the event only of its being urgently necessary to maintain
public security, or deal with an unusual state of distress
when the Chambers are not in session, ordinances, which do not
contravene the Constitution, may be issued with the force of
law, on the responsibility of the whole Ministry. But these
must be laid for approval before the Chambers at their next
meeting.
Article 64.
The King, as well as each Chamber, has the right of proposing
laws. Bills that have been rejected by one of the Chambers, or
by the King, cannot be re-introduced in the same session.
Articles 65-68.
The First Chamber is formed by royal ordinance, which can only
be altered by a law to be issued with the approval of the
Chambers. The First Chamber is composed of members appointed
by the King, with hereditary rights, or only for life.
Article 69.
The Second Chamber consists of 430 members. The electoral
districts are determined by law. They may consist of one or
more Circles (Arrondissements), or of one or more of the
larger towns.
[Footnote: Originally 350 only--a number which, in 1851, was
increased by 2, for the Principality of Hohenzollern, and in
1867 by 80 for the annexed provinces.]
Article 70.
Every Prussian who has completed his 25th year (i. e.,
attained his majority), and is capable of taking part in the
elections of the Commune where he is domiciled, is entitled to
act as a primary voter (Urwähler). Anyone who is entitled to
take part in the election of several Communes, can only
exercise his right as primary voter in one Commune.
Article 71.
For every 250 souls of the population, one (secondary) elector
(Wahlmann) shall be chosen. The primary voters fall into three
classes, in proportion to the amount of direct taxes they
pay--and in such a manner as that each class will represent a
third of the sum-total of the taxes paid by the primary
voters. This sum-total is reckoned:--
(a) by Parishes, in case the Commune does not form of itself a
primary electoral district.
(b) by (Government) Districts (Bezirke), in case the primary
electoral district consists of several Communes.
The first class consists of those primary voters, highest in
the scale of taxation, who pay a third of the total. The
second class consists of those primary voters, next highest in
the scale, whose taxes form a second third of the whole; and
the third class is made up of the remaining tax-payers (lowest
in the scale) who contribute the other third of the whole.
Each class votes apart, and for a third of the secondary
electors. These classes may be divided into several voting
sections, none of which, however, must include more than 500
primary voters. The secondary voters are elected in each class
from the number of the primary voters in their district,
without regard to the classes.
Article 72.
The deputies are elected by the secondary voters. Details will
be regulated by an electoral law, which must also make the
necessary provision for those cities where flour and slaughter
duties are levied instead of direct taxes.
{577}
Article 73.
The legislative period of the Second Chamber is fixed at three
years.
Article 74.
Eligible as deputy to the Second Chamber is every Prussian who
has completed his thirtieth year, has forfeited none of his
civil rights in consequence of a valid judicial sentence, and
has been a Prussian subject for three years. The president and
members of the Supreme Chamber of Accounts cannot sit in
either House of the Diet (Landtag).
Article 75.
After the lapse of a legislative period the Chambers will be
elected anew, and the same in the event of dissolution. In
both cases, previous members are re-eligible.
Article 76.
Both Houses of the Diet of the Monarchy shall be regularly
convened by the King in the period from the beginning of
November in each year till the middle of the following
January, and otherwise as often as circumstances require.
Article 77.
The Chambers will be opened and closed by the King in person,
or by a Minister appointed by him to do so, at a combined
sitting of the Chambers. Both Chambers shall be simultaneously
convened, opened, adjourned, and closed. If one Chamber is
dissolved, the other shall be at the same time prorogued.
Article 78.
Each Chamber will examine the credentials of its members, and
decide thereupon. It will regulate its own order of business
and discipline by special ordinances, and elect its president,
vice-presidents, and office-bearers. Civil servants require no
leave of absence in order to enter the Chamber. If a member of
the Chamber accepts a salaried office of the State, or is
promoted in the service of the State to a post involving
higher rank or increase of pay, he shall lose his seat and
vote in the Chamber, and can only recover his place in it by
re-election. No one can be member of both Chambers.
Article 79.
The sittings of both Chambers are public. On the motion of its
president, or of ten members, each Chamber may meet in private
sitting--at which this motion will then have to be discussed.
Article 80.
Neither of the Chambers can pass a resolution unless there be
present a majority of the legal number of its members. Each
Chamber passes its resolutions by absolute majority of votes,
subject to any exceptions that may be determined by the order
of business for elections.
Article 81.
Each Chamber has the separate right of presenting addresses to
the King. No one may in person present to the Chambers, or to
one of them, a petition or address. Each Chamber can transmit
the communications made to it to the Ministers, and demand of
them an answer to any grievances thus conveyed.
Article 82.
Each Chamber is entitled to appoint commissions of inquiry
into facts--for its own information.
Article 83.
The members of both Chambers are representatives of the whole
people. They vote according to their simple convictions, and
are not bound by commissions or instructions.
Article 84.
For their votes in the Chamber they can never be called to
account, and for the opinions they express therein they can
only be called to account within the Chamber, in virtue of the
order of business. No member of a Chamber can, without its
assent, be had up for examination, or be arrested during the
Parliamentary session for any penal offence, unless he be
taken in the act, or in the course of the following day. A
similar assent shall be necessary in the case of arrest for
debts. All criminal proceedings against a member of the
Chamber, and all arrests for preliminary examination, or civil
arrest, shall be suspended during the Parliamentary session on
demand from the Chamber concerned.
Article 85.
The members of the Second Chamber shall receive out of the
State Treasury travelling expenses and daily fees, according
to a statutory scale; and renunciation thereof shall be
inadmissible.
Article 86.
The judicial power will be exercised in the name of the King,
by independent tribunals subject to no other authority but
that of the law. Judgment shall be executed in the name of the
King.
Article 87.
The judges will be appointed for life by the King, or in his
name. They can only be removed or temporarily suspended from
office by judicial sentence, and for reasons foreseen by the
law. Temporary suspension from office (not ensuing on the
strength of a law), and involuntary transfer to another place,
or to the retired list, can only take place from the causes
and in the form mentioned by law, and in virtue of a judicial
sentence. But these provisions do not apply to cases of
transfer, rendered necessary by changes in the organisation of
the courts or their districts.
Article 88.
(abolished).
Article 89.
The organisation of the tribunals will only be determined by
law.
Article 90.
To the judicial office only those can be appointed who have
qualified themselves for it as prescribed by law.
Article 91.
Courts for special kinds of affairs, and, in particular,
tribunals for trade and commerce, shall be established by
statute in those places where local needs may require them.
The organisation and jurisdiction of such courts, as well as
their procedure and the appointment of their members, the
special status of the latter, and the duration of their
office, will be determined by law.
Article 92.
In Prussia there shall only be one supreme tribunal.
Article 93.
The proceedings of the civil and criminal courts shall be
public. But the public may be excluded by an openly declared
resolution of the court, when order or good morals may seem
endangered (by their admittance). In other cases publicity of
proceedings can only be limited by law.
Article 94.
In criminal cases the guilt of the accused shall be determined
by jurymen, in so far as exceptions are not determined by a
law issued with the previous assent of the Chambers. The
formation of a jury-court shall be regulated by a law.
Article 95.
By a law issued with the previous assent of the Chambers,
there may be established a special court whereof the
jurisdiction shall include the crimes of high treason, as well
as those crimes against the internal and external security of
the State, which may be assigned to it by law.
Article 96.
The competence of the courts and of the administrative
authorities shall be determined by law. Conflicts of authority
between the courts and the administrative authorities shall be
settled by a tribunal appointed by law.
{578}
Article 97.
A law shall determine the conditions on which public, civil,
and military officials may be sued for wrongs committed by
them in exceeding their functions. But the previous assent of
official superiors need not be requested.
Article 98.
The special legal status (Rechtsverhältnisse) of State
officials (including advocates and solicitors) not belonging
to the judicial class, shall be determined by a law, which,
without restricting the Government in the choice of its
executive agents, will grant civil servants proper protection
against arbitrary dismissal from their posts or diminution of
their pay.
Article 99.
All income and expenditure of the State must be pre-estimated
for every year, and be presented in the Budget, which shall be
annually fixed by a law.
Article 100.
Taxes and dues for the State Treasury may only be raised in so
far as they shall have been included in the Budget or ordained
by special laws.
Article 101.
In the matter of taxes there must be no privilege of persons.
Existing tax-laws shall be subjected to a revision, and all
such privileges abolished.
Article 102.
State and Communal officers can only levy dues on the strength
of a law.
Article 103.
The contracting of loans for the State Treasury can only be
effected on the strength of a law; and the same holds good of
guarantees involving a burden to the State.
Article 104.
Budget transgressions require subsequent approval by the
Chambers. The Budget will be examined and audited by the
Supreme Chamber of Accounts. The general Budget accounts of
every year, including tabular statistics of the National Debt,
shall, with the comments of the Supreme Chamber of Accounts,
be laid before the Chambers for the purpose of exonerating the
Government. A special law will regulate the establishment and
functions of the Supreme Chamber of Accounts.
Article 105.
The representation and administration of the Communes,
Arrondissements and Provinces of the Prussian State, will be
determined in detail by special laws.
Article 106.
Laws and ordinances become binding after having been published
in the form prescribed by law. The examination of the validity
of properly promulgated Royal ordinances is not within the
competence of the authorities, but of the Chambers.
Article 107.
The Constitution may be altered by ordinary legislative means;
and such alteration shall merely require the usual absolute
majority in both Chambers on two divisions (of the House),
between which there must elapse a period of at least
twenty-one days.
Article 108.
The members of both Chambers, and all State officials, shall
take the oath of fealty and obedience to the King, and swear
conscientiously to observe the Constitution. The army will not
take the oath to the Constitution.
Article 109.
Existing taxes and dues will continue to be raised; and all
provisions of existing statute-books, single laws, and
ordinances, which do not contravene the present Constitution,
will remain in force until altered by law.
Article 110.
All authorities holding appointments in virtue of existing
laws will continue their activity pending the issue of organic
laws affecting them.
Article 111.
In the event of war or revolution, and pressing danger to
public security therefrom ensuing, Articles 5, 6, 7, 27, 28,
29, 30, and 36 of the Constitution may be suspended for a
certain time, and in certain districts--the details to be
determined by law.
Article 112.
Until issue of the law contemplated in Article 26, educational
matters will be controlled by the laws at present in force.
Article 113.
Prior to the revision of the criminal code, a special law will
deal with offences committed by word, writing, print, or
artistic representation.
Article 114
(_abolished_).
Article 115.
Until issue of the electoral law contemplated in Article 72,
the ordinance of 30th May, 1849, touching the return of
deputies to the Second Chamber, will remain in force; and with
this ordinance is associated the provisional electoral law for
elections to the Second Chamber in the Hohenzollern
Principalities of 30th April, 1851.
Article 116.
The two supreme tribunals still existing shall be combined
into one-to be organised by a special law.
Article 117.
The claims of State officials appointed before the
promulgation of the Constitution shall be taken in to special
consideration by the Civil Servant Law.
Article 118.
Should changes in the present Constitution be rendered
necessary by the German Federal Constitution to be drawn up on
the basis of the Draft of 26th May, 1849, such alterations
will be decreed by the King; and the ordinances to this effect
laid before the Chambers, at their first meeting. The Chambers
will then have to decide whether the changes thus
provisionally ordained harmonise with the Federal Constitution
of Germany.
Article 119.
The Royal oath mentioned in Article 54, as well as the oath
prescribed to be taken by both Chambers and all State
officials, will have to be tendered immediately after the
legislative revision of the present Constitution (Articles 62
and 108).
In witness whereof we have hereunto set our signature and
seal.
Given at Charlottenburg, the 31st January, 1850.
(Signed) FRIEDRICH WILHELM.
In connection with Article 44 the course of domestic and
parliamentary politics drew forth the following Declaratory
Rescript from the German Emperor and King of Prussia, in
1882:--
"The right of the King to conduct the Government and policy of
Prussia according to his own discretion is limited by the
Constitution (of January 31, 1850), but not abolished. The
Government acts (documentary) of the King require the
counter-signature of a Minister, and, as was also the case
before the Constitution was issued, have to be represented by
the King's Ministers; but they nevertheless remain Government
acts of the King, from whose decisions they result, and who
thereby constitutionally expresses his will and pleasure. It
is therefore not admissible, and leads to obscuration of the
constitutional rights of the King, when their exercise is so
spoken of as if they emanated from the Ministers for the time
being responsible for them, and not from the King himself. The
Constitution of Prussia is the expression of the monarchical
tradition of this country, whose development is based on the
living and actual relations of its Kings to the people. These
relations, moreover, do not admit of being transferred to the
Ministers appointed by the King, for they attach to the person
of the King. Their preservation, too, is a political necessity
for Prussia. It is, therefore, my will that both in Prussia
and in the Legislative Bodies of the realm (or Reich), there
may be no doubt left as to my own constitutional right and
that of my successors to personally conduct the policy of my
Government; and that the theory shall always be gainsaid that
the [doctrine of the] inviolability of the person of the King,
which has always existed in Prussia, and is enunciated by
Article 43 of the Constitution, or the necessity of a
responsible counter-signature of my Government acts, deprives
them of the character of Royal and independent decisions. It
is the duty of my Ministers to support my constitutional
rights by protecting them from doubt and obscuration, and I
expect the same from all State servants (Beamten) who have
taken to me the official oath. I am far from wishing to impair
the freedom of elections, but in the case of those officials
who are intrusted with the execution of my Government acts,
and may, therefore, in conformity with the disciplinary law
forfeit their situations, the duty solemnly undertaken by
their oath of service also applies to the representation by
them of the policy of my Government during election times. The
faithful performance of this duty I shall thankfully
acknowledge, and I expect from all officials that, in view of
their oath of allegiance, they will refrain from all agitation
against my Government also during elections.
Berlin, January 4, 1882.
WILHELM. VON BISMARCK. To the Ministry of State."
----------CONSTITUTION OF PRUSSIA: End----------
{579}
CONSTITUTION OF THE ROMAN EMPIRE.
See ROME: B. C. 31-A. D. 14, and A. D. 284-305.
CONSTITUTION OF THE ROMAN REPUBLIC.
See ROME: B. C. 509, to B. C. 286;
also COMITIA CENTURIATA;
COMITIA CURIATA;
CONSULS, ROMAN;
CONSULAR TRIBUNES;
SENATE, ROMAN;
PLEBEIANS.
CONSTITUTION OF SOLON.
See ATHENS: B. C. 594.
CONSTITUTION OF SPAIN (1812).
See SPAIN: A. D. 1814-1827.
(1869). See SPAIN: A. D. 1866-1873.
(The Early Kingdoms.) See CORTES.
CONSTITUTION OF SULLA.
See ROME: B. C. 88-78.
----------End----------
CONSTITUTION OF SWEDEN.
"Four fundamental laws account for the present political
constitution of Sweden: the law concerning the form of
government (regerings-formen) dated June 6, 1809; the law on
representation (riksdags-ordningen), June 22, 1866; the order
of succession (successions-ordningen), September 26, 1810; and the
law on the liberty of the press (tryckfrihets-forordningen),
July 16, 1812. The union with Norway is regulated by the act
of union (riks-akten), Aug. 6, 1815. ... The representation of
the nation, since the law of June 22, 1866, rests not as
formerly on the division of the nation into four orders, but
on election only. Two chambers, having equal authority,
compose the diet. The members of the first chamber are elected
for nine years by the 'landstingen' (species of provincial
assemblies) and by the 'stadsfullmäktige' (municipal
counsellors) of cities which do not sit in the 'landsting.'"
_Lalor's Cyclopedia of Political Science,
volume 3, pages 834-835._
"The First Chamber consists (1892) of 147 members, or one
deputy for every 30,000 of the population. The election of the
members takes place by the 'Landstings,' or provincial
representations, 25 in number, and the municipal corporations
of the towns, not already represented in the 'Landstings,'
Stockholm, Göteberg, Malmö and Norrköping. All members of the
First Chamber must be above 35 years of age, and must have
possessed for at least three years previous to the election
either real property to the taxed value of 80,000 kroner, or
4,444 l., or an annual income of 4,000 kroner, or 223 l. They
are elected for the term of nine years, and obtain no payment
for their services. The Second Chamber consists (Autumn 1892)
of 228 members, of whom 76 are elected by the towns and 146 by
the rural districts, one representative being returned for
every 10,000 of the population of towns, one for every
'Domsaga,' or rural district, of under 40,000 inhabitants, and
two for rural districts of over 40,000 inhabitants. All
natives of Sweden, aged 21, possessing real property to the
taxed value of 1,000 kroner, or 56 l., or farming, for a
period of not less than five years, landed property to the
taxed value of 6,000 kroner, or 333 l., or paying income tax
on an annual income of 800 kroner, or 45 l., are electors; and
all natives, aged 25, possessing, and having possessed at
least one year previous to the election, the same
qualifications, may be elected members of the Second Chamber.
The number of qualified electors to the Second Chamber in 1890
was 288,096, or 6.0 of the population; only 110,896, or 38.5
of the electors actually voted. In the smaller towns and
country districts the election may either be direct or
indirect, according to the wish of the majority. The election
is for the term of three years, and the members obtain
salaries for their services, at the rate of 1,200 kroner, or
67 l., for each session of four months, besides travelling
expenses. ... The members of both Chambers are elected by
ballot, both in town and country."
_Statesman's Year-book, 1893, page 965._
"The Diet, or Riksdag, assembles every year, in ordinary
session, on the 15th of January, or the day following, if the
15th is a holiday. It may be convoked in extraordinary session
by the king. In case of the decease, absence, or illness of
the king, the Diet may be convoked extraordinarily by the
Council of State, or even, if this latter neglects to do so,
by the tribunals of second instance. The king may dissolve the
two chambers simultaneously, or one of them alone, during the
ordinary sessions, but the new Diet assembles after the three
months of the dissolution, and can only be dissolved again
four months after resuming its sitting. The king dissolves the
extraordinary session when he deems proper. ... The Diet
divides the right of initiative with the king: the consent of
the synod is necessary for ecclesiastical Laws. ... Every
three years the Diet names a commission of twenty-four members
(twelve from each chamber), charged with the duty of electing
six persons who are commissioned under the presidency of the
Procureur general of the Diet to watch over the liberty of the
press."
_G. Demombynes, Constitutions Européennes,
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.
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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:
Chapter I. General Provisions.
ARTICLE 1.
The peoples of the twenty-two sovereign Cantons of
Switzerland, united by this present alliance, viz.: Zurich,
Bern, Luzern, Uri, Schwyz, Unterwalden (Upper and Lower),
Glarus, Zug, Freiburg, Solothurn, Basel (urban and rural),
Schaffhausen, Appenzell (the two Rhodes), St. Gallen, Grisons,
Aargau, Thurgau, Ticino, Vaud, Valais, Neuchâtel, and Geneva,
form in their entirety the Swiss Confederation.
ARTICLE 2.
The purpose of the Confederation is, to secure the
independence of the country against foreign nations, to
maintain peace and order within, to protect the liberty and
the rights of the Confederates, and to foster their common
welfare.
ARTICLE 3.
The Cantons are sovereign, so far as their sovereignty is not
limited by the Federal Constitution; and, as such, they
exercise all the rights which are not delegated to the federal
government.
ARTICLE 4.
All Swiss are equal before the law. In Switzerland there are
neither political dependents, nor privileges of place, birth,
persons, or families.
ARTICLE 5.
The Confederation guarantees to the Cantons their territory,
their sovereignty, within the limits fixed by Article 3, their
Constitutions, the liberty and rights of the people, the
constitutional rights of citizens, and the rights and powers
which the people have conferred on those in authority.
ARTICLE 6.
The Cantons are bound to ask of the Confederation the guaranty
of their Constitutions. This guaranty is accorded, provided:
(a) that the Constitutions contain nothing contrary to the
provisions of the Federal Constitution.
(b) That they assure the exercise of political rights,
according to republican forms, representative or democratic.
(c) That they have been ratified by the people, and may be
amended whenever the majority of all the citizens demand it.
ARTICLE 7.
All separate alliances and all treaties of a political
character between the Cantons are forbidden. On the other hand
the Cantons have the right to make conventions among
themselves upon legislative, administrative or judicial
subjects; in all cases they shall bring such conventions to
the attention of the federal officials, who are authorized to
prevent their execution, if they contain anything contrary to
the Confederation, or to the rights of other Cantons. Should
such not be the case, the covenanting Cantons are authorized
to require the cooperation of the federal officials in
carrying out the convention.
ARTICLE 8.
The Confederation has the sole right of declaring war, of
making peace, and of concluding alliances and treaties with
foreign powers, particularly treaties relating to tariffs and
commerce.
ARTICLE 9.
By exception the Cantons preserve the right of concluding
treaties with foreign powers, respecting the administration of
public property, and border and police intercourse; but such
treaties shall contain nothing contrary to the Confederation
or to the rights of other Cantons.
ARTICLE 10.
Official intercourse between Cantons and foreign governments,
or their representatives, shall take place through the Federal
Council. Nevertheless, the Cantons may correspond directly
with the inferior officials and officers of a foreign State,
in regard to the subjects enumerated in the preceding article.
ARTICLE 11.
No military capitulations shall be made.
ARTICLE 12.
No members of the departments of the federal government, civil
and military officials of the Confederation, or federal
representatives or commissioners, shall receive from any
foreign government any pension, salary, title, gift, or
decoration. Such persons, already in possession of pensions,
titles, or decorations, must renounce the enjoyment of
pensions and the bearing of titles and decorations during
their term of office. Nevertheless, inferior officials may be
authorized by the Federal Council to continue in the receipt
of pensions. No decoration or title conferred by a foreign
government shall be borne in the federal army. No officer,
non-commissioned officer, or soldier shall accept such
distinction.
ARTICLE 13.
The Confederation has no right to keep up a standing army. No
Canton or Half-Canton shall, without the permission of the
federal government keep up a standing force of more than three
hundred men; the mounted police [gendarmerie] is not included
in this number.
ARTICLE 14.
In case of differences arising between Cantons, the States
shall abstain from violence and from arming themselves; they
shall submit to the decision to be taken upon such differences
by the Confederation.
ARTICLE 15.
In case of sudden danger of foreign attack, the authorities of
the Cantons threatened shall request the aid of other members
of the Confederation and shall immediately notify the federal
government; the subsequent action of the latter shall not
thereby be precluded. The Cantons summoned are bound to give
aid. The expenses shall be borne by the Confederation.
{589}
Article 16.
In case of internal disturbance, or if the danger is
threatened by another Canton, the authorities of the Canton
threatened shall give immediate notice to the Federal Council,
in order that that body may take the measures necessary,
within the limits of its power (Article 102, §§ 3, 10, 11), or
may summon the Federal Assembly. In extreme cases the
authorities of the Canton are authorized, while giving
immediate notice to the Federal Council, to ask the aid of
other Cantons, which are bound to afford such aid. If the
executive of the Canton is unable to call for aid, the federal
authority having the power may, and if the safety of
Switzerland is endangered shall, intervene without
requisition. In case of federal intervention, the federal
authorities shall take care that the provisions of Article 5
be observed. The expenses shall be borne by the Canton asking
aid or occasioning federal intervention, except when the
Federal Assembly otherwise decides on account of special
circumstances.
Article 17.
In the cases mentioned in Articles 15 and 16, every Canton is
bound to afford undisturbed passage for the troops. The troops
shall immediately be placed under federal command.
Article 18.
Every Swiss is bound to perform military service. Soldiers who
lose their lives or suffer permanent injury to their health,
in consequence of federal service, are entitled to aid from
the Confederation for themselves or their families, in case of
need. Each soldier shall receive without expense his first
equipment, clothing, and arms. The weapon remains in the hands
of the soldier, under conditions which shall be prescribed by
federal legislation. The Confederation shall enact uniform
provisions as to an exemption tax.
Article 19.
The federal army is composed:
(a) Of the cantonal military corps.
(b) Of all Swiss who do not belong to such military corps, but
are nevertheless liable to military service.
The Confederation exercises control over the army and the
material of war provided by law. In cases of danger, the
Confederation has also the exclusive and direct control of men
not included in the federal army, and of all other military
resources of the Cantons. The Cantons have authority over the
military forces of their territory, so far as this right is
not limited by the Federal Constitution or laws.
Article 20.
The laws on the organization of the army are passed by the
Confederation. The enforcement of military laws in the Cantons
is intrusted to the cantonal officials, within limits which
shall be fixed by federal legislation, and under the
supervision of the Confederation. Military instruction of
every kind pertains to the Confederation. The same applies to
the arming of troops. The furnishing and maintenance of
clothing and equipment is within the power of the Cantons; but
the Cantons shall be credited with the expenses therefor,
according to a regulation to be established by federal
legislation.
Article 21.
So far as military reasons do not prevent, bodies of troops
shall be formed out of the soldiers of the same Cantons. The
composition of these bodies of troops, the maintenance of
their effective strength, the appointment and promotion of
officers of these bodies of troops, belong to the Cantons,
subject to general provisions which shall be established by
the Confederation.
Article 22.
On payment of a reasonable indemnity, the Confederation has
the right to use or acquire drill-grounds and buildings
intended for military purposes, within the Cantons, together
with the appurtenances thereof. The terms of the indemnity
shall be settled by federal legislation.
Article 23.
The Confederation may construct at its own expense, or may aid
by subsidies, public works which concern Switzerland or a
considerable part of the country. For this purpose it may
expropriate property, on payment of a reasonable indemnity.
Further enactments upon this matter shall be made by federal
legislation. The Federal Assembly may forbid public works
which endanger the military interests of the Confederation.