A striking testimony to the thoroughness with which the work was done,

and to the advanced character of the governmental system established,

is the fact that the text of the Belgian fundamental law endured

through more than half a century absolutely unchanged, and, further,

that when in our own generation the task of amendment was undertaken

not even the most ardent revisionists cared to insist upon more than

the overhauling of the arrangements respecting the franchise. Leopold

I.(1831-1865), and Leopold II. after him (1865-1909), frankly

recognized the conditional basis of the royal tenure and, although

conspicuously active in the management of public affairs, afforded (p. 535)

by their conduct slight occasion for popular criticism or disaffection.

Even the revolutionary year 1848 passed without producing in Belgium

more than a mere ripple of unrest. In 1893 the constitution was

amended to provide for universal male suffrage, and in 1899 a further

amendment instituted a system of proportional representation.

Otherwise, the instrument stands to-day virtually as it was put into

operation in 1831. It need hardly be remarked that, in Belgium as

elsewhere, the written constitution does not by any means contain the

whole of the actually operative political system. Numerous aspects of

parliamentarism, and of other well-established governmental forms and

practices, depend for their sanction upon the conventions, rather than

upon the law, of the constitution; but they are none the less real and

enduring.

*589. Content and Amendment.*--The written constitution of Belgium, like

that of Holland, is comprehensive in scope. It comprises an extended

bill of rights; a detailed definition of the framework of the national

executive, legislative, and judicial departments; special provisions

relating to finance and the army; and an enumeration of the principles

underlying the provincial and communal administration. It contains a

total of 139 articles, of which eight, being temporary in character,

are inoperative. The process of amendment is identical with that which

prevails in Holland. Upon declaration by the legislative chambers to

the effect that a specified amendment is desirable, the chambers are

_ipso facto_ dissolved. If the chambers thereupon elected approve the

proposition by a two-thirds vote, and the sovereign accords it his

sanction, it is declared adopted.[746]

[Footnote 746: Art. 131. Dodd, Modern

Constitutions, I., 146. The text of the

constitution of Belgium, in English translation, is

printed in Dodd, Modern Constitutions, I., 126-148,

and in the _Annals of the American Academy of

Political and Social Science_, May, 1896,

Supplement (translation by J. M. Vincent). French

texts of the constitution and of important laws

will be found in F. Larcier, Code politique et

administratif de la Belgique (2d ed., Brussels,

1893). The standard commentary is J. J. Thonissen,

La constitution belge (3d ed., Brussels, 1879).

Works of value relating to the amendments of

1893-1894 are C. Thiebault et A. Henry, Commentaire

législatif des articles révisés de la constitution

belge (Brussels, 1894), and Beltjens, La

constitution belge révisée (Liège, 1895). The best

treatises on the Belgian constitutional system are

P. Errera, Das Staatsrecht des Königreichs Belgien

(Tübingen, 1909), and Traité de droit public belge:

droit constitutionnel, droit administratif (Paris,

1908), and O. Orban, Le droit constitutionnel de la

Belgique, 3 vols. (Liège, 1906-1911). An older but

excellent work is A. Giron, La droit public de la

Belgique (Brussels, 1884). A convenient elementary

book on the subject is F. Masson et C. Wiliquet,

Manuel de droit constitutionnel (7th ed., Brussels,

1904). A useful volume is E. Flandin, Institutions

politiques de l'Europe contemporaine (2d ed.,

Paris, 1907), I.]

*590. The Crown.*--Kingship in Belgium is hereditary in the (p. 536)

direct male line in the order of primogeniture. In default of male

descendants, the king, with the consent of the legislative chambers,

may name his successor.[747] A king or heir to the throne attains his

majority at the age of eighteen. In the event of a minority, or of the

incapacity of the sovereign, the two houses are required to meet in a

single assembly for the purpose of making provision for a regency. The

powers of regent may not be conferred upon two or more persons

jointly, and during the continuance of a regency no changes may be

made in the constitution.[748] If by chance the throne should fall

wholly vacant, the choice of a sovereign would devolve upon the

legislative chambers, specially re-elected for the purpose, and

deliberating in joint session. The civil list of the crown is fixed at

the beginning of a reign. That of Leopold II., as established by law

of December 25, 1865, was 3,300,000 francs, and that of the present

sovereign, Albert I., is the same.

[Footnote 747: This privilege was conferred by an

amendment (Art. 61) adopted September 7, 1893.]

[Footnote 748: Arts. 60, 79-85. Dodd, Modern

Constitutions, I., 136, 138-139.]

*591. The Ministers and the Parliamentary System.*--The Council of

Ministers consists of ten heads of executive departments. These,

together with a variable number of ministers without portfolio,

comprise the Council of State, an advisory body convened by the crown

as occasion requires. All ministers are appointed, directly or

indirectly, and all may be dismissed, by the king. All must be Belgian

citizens, and no member of the royal family may be tendered an

appointment. Ministers are all but invariably members of one or the

other of the legislative houses, principally of the House of

Representatives.[749] Whether members or not, they are privileged to

attend all sessions and to be heard at their own request. The houses,

indeed, possess the right to demand their attendance. But no minister

may vote, save in a house of which he is a member.[750]

[Footnote 749: The minister of war, regularly an

active military official, has been usually not a

legislative member. Aside from this one post,

however, the custom of selecting ministers

exclusively from the chambers has been followed

almost as rigorously in Belgium as in Great

Britain. And so largely are the ministers taken

from the lower house that the Senate not

infrequently has no representative at all in the

cabinet.]

[Footnote 750: Arts. 86-91. Dodd, Modern

Constitutions, I., 139-140.]

Belgium is one of the few continental states in which the parliamentary

system is thoroughly operative. At no point is the constitution more

explicit than in its stipulation of the responsibility of ministers.

Not only is it declared that the king's ministers are responsible; it

is stipulated that "no decree of the king shall take effect unless it

is countersigned by a minister, who, by that act alone, renders himself

responsible for it"; also that "in no case shall the verbal or (p. 537)

written order of the king relieve a minister of responsibility."[751]

The House of Representatives is vested with the right to accuse

ministers and to arraign them before the Court of Cassation; and the

king may not pardon a minister who has been sentenced by this

tribunal, save upon request of one of the two legislative chambers. A

ministry which finds that it cannot command the support of a majority

in the House of Representatives has the right to determine upon the

dissolution of either of the houses, or of both. If after a general

election there is still lack of harmony, the ministry, as would be the

procedure in a similar situation in Great Britain, retires from

office, the sovereign calls upon an opposition party leader to assume

the premiership and to form a cabinet, and the remainder of the

ministers are selected from the dominant parties by this official, in

consultation with the king. By reason of the multiplicity of party

groups in Belgium, the king is apt to be allowed somewhat wider

latitude in the choice of a premier than is possible in Great

Britain.[752]

[Footnote 751: Arts. 63-64, 89. Dodd, Modern

Constitutions, I., 137, 140.]

[Footnote 752: Dupriez, Les Ministres, I., 210-230;

O. Kerchove de Denterghem, De la responsabilité des

ministres dans le droit public belge (Paris,

1867).]

*592. The Exercise of Executive Powers.*--The powers of the executive,

exercised nominally by the king, but actually by the ministry, are

closely defined in the constitution; and there is the stipulation,

unusual in European constitutions, that the king shall possess no

powers other than those which the constitution, and the special laws

enacted under the constitution, confer explicitly upon him.[753] Under

the conditions that have been explained, the king appoints all

officials who are attached to the general administrative and foreign

services, but other officials only in so far as is expressly

authorized by law. He commands the forces by land and sea, declares

war, and concludes peace. He negotiates treaties, with the limitation

that treaties of commerce and treaties which impose a burden upon the

state, or place under obligation individual Belgian citizens, take

effect only after receiving the approval of the two houses; and with

the further condition that no cession, exchange, or acquisition of

territory may be carried through save by warrant of a law. The king

promulgates all legislative measures, and he is authorized to issue

all regulations and decrees necessary for the execution of the laws.

In theory he possesses the power of the veto, but in the Belgian, as

in parliamentary governments generally, there is no occasion for the

actual exercise of this power. The king convokes, prorogues, and

dissolves the chambers; though the provisions of the constitution (p. 538)

relating to the legislative sessions are so explicit that the crown is

left small discretion in the matter. The king, finally, is authorized

to remit or to reduce the penalties imposed by the tribunals of

justice, to coin money, to confer titles of nobility (which must be

purely honorary), and to bestow military orders in accordance with

provisions of law.[754]

[Footnote 753: Art. 78. Dodd, Modern Constitutions,

I., 138.]

[Footnote 754: Arts. 66-67. Dodd, Modern

Constitutions, I., 137-138.]

II. THE HOUSES OF PARLIAMENT--THE ELECTORAL SYSTEM

*593. The Senate.*--The Belgian parliament consists of two houses, both

elective and both representative of the nation as a whole. The upper

house, or Senate, is composed of 112 members, chosen for a term of

eight years. With respect to the method of their election, the members

fall into two categories. Under constitutional provision, as amended

by law of September 7, 1893, a number of senators equal to one-half

the number of members of the House of Representatives is elected

directly by the voters, in proportion to the population of the several

provinces. The electorate which returns these senators is identical

with that which returns the deputies, and by law of December 29, 1899,

the principle of proportional representation, as applied in elections

of the lower chamber, is applied to senatorial elections within each

province. A second group of members consists of those elected by the

provincial councils, to the number of two for each province having

fewer than 500,000 inhabitants, of three for each province having from

500,000 to 1,000,000 inhabitants, and of four for each province having

more than 1,000,000 inhabitants. The proportion of senators elected

directly by the people is approximately three-fourths, being at

present 76 to 26. Prior to the amendment of 1893 all members of the

Senate were chosen by the same electorate which chose the members of

the lower chamber. Inasmuch as only payers of direct taxes to the

amount of 2,000 francs a year were eligible as senators, the upper

house represented almost exclusively the interests of wealth. By

vesting in the provincial councils the choice of a portion of the

senators, who should be eligible regardless of taxpaying

qualifications, it was hoped to impart to the Senate a more broadly

representative character. At the same time the tax qualification for

popularly elected members was reduced by a third. It may be noted that

there is a possibility of a small non-elective element in the Senate.

According to the terms of the constitution, the sons of the king, or

if there be none, the Belgian princes of the branch of the royal

family designated to succeed to the throne, shall be by right senators

at the age of eighteen, though without deliberative vote until the (p. 539)

age of twenty-five.[755] Prior to his accession to the throne, in

1909, the present sovereign Albert I., nephew and heir-presumptive of

Leopold II., was entitled to a senatorial seat. There is at present no

representative of royalty who is eligible.

[Footnote 755: Art. 58. Dodd, Modern Constitutions,

I., 135.]

All elective senators must be Belgian citizens and Belgian residents,

at least forty years of age, and in the unrestricted enjoyment of

civil and political rights. Senators elected by the provincial

councils are subject to no property qualifications,[756] but those

elected directly by the people must be drawn from either payers of as

much as 1,200 francs of direct national taxes or proprietors or

lessees of Belgian real estate of an assessed income of at least

12,000 francs. In provinces, however, where the number of eligible

persons falls short of the proportion of one for every 5,000

inhabitants, the list is completed by the addition of such a number of

the heaviest taxpayers of the province as may be necessary to

establish this proportion.[757] Save passes on the national railways,

senators receive no salary or other emolument.

[Footnote 756: They may not be, and may not have

been within two years preceding their election,

members of the assembly which returns them.]

[Footnote 757: Art. 56. Dodd, Modern Constitutions,

I., 135.]

*594. The House of Representatives: Earlier Electoral

Arrangements.*--The lower legislative chamber consists of deputies

elected directly by the voters of the kingdom. The number of seats is

determined by law, under the general provision that it may not exceed

the proportion of one for 40,000 inhabitants. Prior to 1899 it was

152; to-day it is 186. The term is four years. Half of the membership

retires every two years, though in the event of a dissolution the

house is entirely renewed.[758] The qualifications which the

constitution requires of deputies are those of citizenship, residence

in Belgium, attainment of the age of twenty-five, and possession of

civil and political rights. Deputies receive an honorarium of 4,000

francs a year, together with free transportation upon all State and

concessionary railways between the places of their respective

residences and Brussels, or any other city in which a session may be

held.

[Footnote 758: This is true also of the Senate.]

The Belgian electoral system at the present day is noteworthy by

reason of three facts: (1) it is based upon the principle of universal

manhood suffrage; (2) it embraces a scheme of plural voting; and (3)

it provides for the proportional representation of parties. Under the

original constitution of 1831 the franchise, while not illiberal for

the time, was restricted by property qualifications of a somewhat

sweeping character. Deputies were elected by those citizens only who

paid yearly a direct tax varying in amount, but in no instance of less

than twenty florins. In 1848 there was enacted a series of (p. 540)

electoral laws whereby the property qualification was reduced to a

uniform level of twenty florins and the number of voters was virtually

doubled. With this arrangement the Liberals were by no means

satisfied, and agitation in behalf of a broader electorate was

steadily maintained. As early as 1865 the Liberal demands were

actively re-enforced by those of organizations of workingmen, and in

1870 the Catholic ministry found itself obliged to sanction a

considerable extension of the franchise in elections within the

provinces and the communes. After 1880 the brunt of the electoral

propaganda was borne by the Socialists, and the campaign for

constitutional revision was directed almost solely against the 47th

article of the fundamental law, in which was contained the original

stipulation respecting the franchise. Since 1830 the population of

Belgium had all but doubled, and there had been in the country an

enormous increase of popular intelligence and of economic prosperity.

That in a population of 6,000,000 (in 1890) there should be an

electorate of but 135,000 was a sufficiently obvious anomaly. The

broadly democratic system by which members of the French Chamber of

Deputies and of the German Reichstag were elected was proclaimed by

the revisionists to be the ideal which it was hoped to realize in

Belgium.

*595. The Electoral Reform Act of 1893.*--In 1890 the Catholic ministry,

recognizing in part the justice of the demand, and preferring, if

there were to be revision, to carry it through, rather than to incur

the risk of having it carried through by a radical cabinet, yielded to

the pressure and consented to the formal consideration of the

electoral question upon the floors of the two chambers. Three years of

intermittent, but animated, discussion ensued. At length, in May,

1892, the chambers were able to agree upon the primary proposition

that some sort of revision was necessary. Then came the dissolution

which is required by the constitution in such a case, followed by a

general election. The newly chosen chambers, which for the purpose in

hand comprised virtually a constituent convention, entered upon their

task later in the same year. In both the Catholics maintained a

majority, but by reason of the requirement of a two-thirds vote for

the adoption of a constitutional amendment, they were none the less

obliged to rely upon the Liberals for a certain amount of support. In

the scheme of revision which was finally adopted all parties had some

substantial share.

No fewer than fourteen distinct programmes of reform were laid before

the chambers.[759] The Conservatives, in general, desired the

introduction of a system based upon occupation combined with the (p. 541)

payment of taxes; the majority of the Liberals sought to secure

special recognition for electors of approved capacity--in brief, an

educational qualification; the Radicals inside, and the Socialists

outside, Parliament carried on a relentless propaganda in behalf of

universal, direct, and equal suffrage. The rejection in committee

(April, 1893) of a plan of universal suffrage occasioned popular

demonstrations which required the calling out of the military, and

when it was proposed to stop with a reduction of the age limit for

voters there were threats of a universal industrial strike. In the end

all elements wisely receded from their extreme demands and it was

found possible to effect agreement upon a compromise. A Catholic

deputy--Albert Nyssens, professor at the University of Louvain--came

forward with a scheme for manhood suffrage, safeguarded by the plural

vote, and September 3, 1893, the plan was adopted.[760]

[Footnote 759: It will be remembered that for the

purpose of considering constitutional amendments

the chambers meet in joint session.]

[Footnote 760: The Nyssens scheme was brought to

the attention of the Belgian people through the

medium of a pamphlet entitled "Le suffrage

universel tempéré."]

*596. The Franchise To-day.*--By the terms of the law of 1893, one vote

is allotted to every male Belgian citizen who has attained the age of

twenty-five years, who is in unrestricted enjoyment of his civil and

political rights, and who has been resident at least one year in a

given commune. There is nothing whatsoever in the nature of either an

educational or a property qualification. Having conferred, however,

upon the mass of male citizens the right to vote, the law proceeds to

define the conditions under which a citizen may be entitled to two

votes, or even three. One supplementary vote is conferred upon (1)

every male citizen over thirty-five years of age, married or a

widower, with legitimate offspring, and paying to the state as a

householder a tax of not less than five francs, unless exempt by

reason of his profession, and (2) every male citizen over twenty-five

years of age owning real estate to the assessed value of 2,000 francs,

or possessing income from land corresponding to such valuation, or who

for two years has derived a minimum interest return of one hundred

francs a year from Belgian funds, in the form of either government

bonds or obligations of the Belgian government savings-bank. Two

supplementary votes are conferred upon citizens over twenty-five years

of age who (1) hold a diploma from an institution of higher learning,

or an indorsed certificate testifying to the completion of a course of

secondary education of the higher grade; or (2) occupy or have

occupied a public office, hold or have held a position, practice or

have practiced a profession, which presupposes the knowledge imparted

in secondary instruction of the higher grade--such offices, (p. 542)

positions, and professions to be defined from time to time by law.[761]

[Footnote 761: Art. 47. Dodd, Modern Constitutions,

I., 132-133.]

What, therefore, the law of 1893 does is, broadly, to confer upon

every male citizen one vote and to specify three principal conditions

under which this basal voting power may be augmented. As the head of a

family, the citizen's suffrage may be doubled. By reason of his

possession of property or of capital, it likewise may be doubled. On

the basis of a not unattainable educational qualification, it may be

tripled. Under no circumstances may an individual be entitled to more

than three votes. The plural vote of Belgium differs, therefore, from

that of Great Britain, not only in that it is based upon a variety of

qualifications of which property ownership is but one, but also in

that there is fixed an absolute and reasonably low maximum of votes.

It is of interest further to observe that voting is declared by the

Belgian constitution to be obligatory. Failure to appear at the polls,

without adequate excuse made to the election officer, is a

misdemeanor, punishable by law. The citizen may, if he likes, evade

the law by depositing a blank ballot. But he must deposit a ballot of

some sort.[762]

[Footnote 762: On the earlier aspects of Belgian

electoral reform see J. Van den Heuvel, De la

révision de la constitution (Brussels, 1892); L.

Arnaud, La révision belge, 1890-1893 (Paris and

Brussels, 1894); La réforme électorale en Belgique,

in _Annales de l'École Libre des Sciences

Politiques_, July, 1894; E. Van der Smissen, L'État

actuel des partis politiques en Belgique, ibid.,

Sept., 1898. An important work by a leading

socialist and a deputy from Brussels is L.

Bertrand, Histoire de la démocratie et du

socialisme en Belgique depuis 1830, 2 vols.

(Brussels and Paris, 1906-1907). Mention may be

made also of E. Vandervelde et J. Destree, Le

socialisme en Belgique (2d ed., Paris, 1903) and

the older work of E. de Laveleye, Le parti clérical

en Belgique (Brussels, 1874). A careful study is J.

Barthélemy, L'organisation du suffrage et

l'expérience belge (Paris, 1912). In 1910-1911 the

number of parliamentary electors was 1,697,619, of

whom 993,070 had one vote, 395,866 had two votes,

and 308,683 had three votes.]

III. PARTIES AND ELECTORAL REFORM SINCE 1894--PARLIAMENTARY PROCEDURE

*597. The Adoption of Proportional Representation, 1899.*--The first

election held under the law of 1893, that of October 14, 1894,

demonstrated that by that measure the number of electors had been

multiplied almost exactly by ten. The total number of voters was now

1,370,000; the number of votes cast was 2,111,000. Contrary to general

expectation, the election gave the Catholics an overwhelming majority

in the lower chamber. They obtained 105 seats, the Socialists 29, and

the Liberals only 18. The elections of 1896 and 1898 gave the (p. 543)

Catholics a still more pronounced preponderance. At the beginning

of 1899 the parties of the opposition could muster in the lower house

only forty votes and in the upper only thirty-one. The Liberal party

was threatened with extinction. Its popular strength, however, was

still considerable, and from both Liberals and Socialists there arose

an insistent demand for the adoption of a scheme whereby the various

parties should be accorded seats in the law-making bodies in

proportion to their popular vote.

The idea of proportional representation was not at this time in

Belgium a new one. It had been formulated and defended in the lower

chamber as early as 1866. Since 1881 there had been maintained a

national reform organization whose purpose was in part to propagate

it; and it is worthy of note that at the time of the revision of 1893

the ministry, led by the premier Beernaert, had advocated its

adoption.[763] In 1895 the principle was introduced in a statute

relating to communal elections. Following a prolonged contest, which

involved the retirement of two premiers, a bill extending the plan to

parliamentary elections was pressed upon the somewhat divided Catholic

forces and, December 29, 1899, was enacted into law. Under the

provisions of this measure deputies and the popularly elected senators

continue to be chosen within the arrondissement by _scrutin de liste_.

Within each arrondissement the seats to be filled are distributed

among the parties in proportion to the party strength as revealed at

the polls, the allotment taking place in accordance with the list

system formulated by Victor d'Hondt, of the University of Ghent. The

number of deputies elected in an arrondissement varies from three to

twenty-one. When an elector appears at the polls he presents his

official "summons" to vote and receives from the presiding officer

one, two, or three ballot papers according to the number of votes to

which he is entitled. He takes these papers to a private compartment,

marks them, places them in the ballot-box, and has returned to him his

letter of summons stamped in such a way as to show that he has

fulfilled the obligation imposed upon him by law. The candidates of

the various parties are presented in lists, and the task of the

elector is merely to indicate his approval of one list for each of the

votes to which he is entitled. This he does by pencilling white spots

contained in the black squares at the head of the lists or against the

names of individual candidates. He may pencil only the spot at the (p. 544)

head of a list, thereby approving the order in which the candidates

have been arranged by the party managers; or, by marking spaces

opposite names of candidates, he may indicate his preference for a

different order.

[Footnote 763: Another interesting proposal in 1893

was that at the discretion of the crown a

legislative measure might be submitted to direct

popular vote. By reason of the fear that such a

scheme would vest in the crown an excess of power

the experiment was not tried.]

*598. How Seats Are Allotted.*--The process of the apportionment of

seats may be illustrated by a hypothetical case. Let it be assumed

that within a given arrondissement four lists of parliamentary

candidates have been presented and that at the polls an aggregate vote

of 33,000 is distributed as follows: Catholics, 16,000; Liberals,

9,000; Socialists, 4,500; and Christian Democrats, 3,500. Let it be

assumed, further, that the arrondissement is entitled to eight seats.

The total number of votes for each list is divided successively by the

numbers 1, 2, 3, 4, etc., and the results are arrayed thus:

_Christian_

_Catholic_ _Liberal_ _Socialist_ _Democrat_

_List_[764] _List_ _List_ _List_

Divided by 1 16,000 9,000 4,500 3,500

Divided by 2 8,000 4,500 2,250 1,750

Divided by 3 5,333 3,000 1,500 1,166

Divided by 4 4,000 2,250 1,125 875

Divided by 5 3,200 1,800 900 700

[Footnote 764: In point of fact, the lists as

published and as placed before the voter are

indicated merely by number.]

The eight highest numbers (eight being the number of seats to be

filled) are then arranged in order of magnitude as follows:

16,000

9,000

8,000

5,333

4,500

4,500

4,000

3,500

The lowest of these numbers, 3,500, becomes the common divisor, or the

"electoral quotient." The number of votes cast for each list is

divided by this quotient, and the resulting numbers (fractions being

disregarded) indicate the quota of seats to which each of the parties

is entitled. In the case in hand the results would be:

16,000 divided by 3,500 = 4 Catholic seats

9,000 divided by 3,500 = 2 Liberal seats

4,500 divided by 3,500 = 1 Socialist seat

3,500 divided by 3,500 = 1 Christian Democrat seat

*599. The Making up of the Lists.*--Lists of candidates are made (p. 545)

up, and the order in which the names of candidates appear is

determined, by the local organizations of the respective parties. In

order to be presented to the electorate a list must have the

previously expressed support of at least one hundred electors. A

candidate may stand as an independent, and his name will appear in a

separate "list," providing his candidacy meets the condition that has

been mentioned; and it is within the right of any organization or

group, political or non-political, to place before the electorate a

list. The power of the organization responsible for the presentation

of a list to fix the order of candidates' names is not a necessary

feature of the proportional system and it has been the object of much

criticism, but it is not clear that serious abuse has arisen from it.

Candidates whose names stand near the top of the list are, of course,

more likely to be elected than those whose names appear further down,

for, under the prevailing rules, all votes indicated in the space at

the head of a list form a pool from which the candidates on the list

draw in succession as many votes as may be necessary to make their

individual total equal to the electoral quotient, the process

continuing until the pool is exhausted. Only by receiving a large

number of individual preferential votes can a candidate be elected to

the exclusion of a candidate whose name precedes his.[765]

[Footnote 765: Valuable books dealing with

proportional representation in Belgium are G.

Lachapelle, La représentation proportionnelle en

France et en Belgique (Paris, 1911); F. Goblet

d'Alviella, La représentation proportionelle en

Belgique, and La représentation proportionelle

intégrale (Paris, 1910); Barriéty, La

représentation proportionelle en Belgique (Paris,

1906); Dubois, La représentation proportionelle

soumise à l'expérience belge (Lille, 1906); and J.

Humphreys, Proportional Representation (London,

1911). A careful account is contained in the Report

and Evidence of the British Royal Commission on

Electoral Systems (1910), Report, Cd. 5,163;

Evidence, Cd. 5,352. Useful articles are: E.

Mahaim, Proportional Representation and the Debates

upon the Electoral Question in Belgium, in _Annals

of American Academy of Political and Social

Science_, May, 1900; E. Van der Smissen, La

représentation proportionnelle en Belgique et les

élections générales de mai 1900, in _Annales des

Sciences Politiques_, July-Sept., 1900; and J.

Humphreys, Proportional Representation in Belgium,

in _Contemporary Review_, Oct., 1908.]

*600. The Elections of 1906, 1908, and 1910.*--The first parliamentary

election following the adoption of the proportional system--that of

May, 1900--left the Catholics with a larger preponderance in the lower

chamber than they had dared expect.[766] None the less, the effect of

the change was distinctly to revive the all but defunct Liberal party,

to stimulate enormously the aspirations of the Socialists, and, in (p. 546)

general, to replace the crushing Catholic plurality of former years by

a wide distribution of seats among representatives of the various

parties and groups. Prior to the election of 1890 the Catholic

majority was 32. The election of 1900 left it at 16; that of 1902, at

26; that of 1904, at 20; that of 1906, at 12; that of 1908, at 8; and

that of 1910, at 6. Following the elections which took place in five

of the nine provinces in 1906, party strength in the Chamber was as

follows: Catholics, 89; Liberals, 46; Socialists, 30; Christian

Democrats, 1. After the elections in the other four provinces in 1908,

it was: Catholics, 87; Liberals, 43; Socialists, 35; Christian

Democrats, 1.

[Footnote 766: It will be recalled that the term of

deputies is four years, half retiring every two

years. There is, therefore, a parliamentary

election, but not throughout the entire country,

every second year.]

The elections of May, 1910,[767] were contested with unusual keenness

by reason of the fact that the Liberal-Socialist coalition seemed to

have, for the first time in a quarter of a century, a distinct chance

for victory. The Catholics were notoriously divided upon certain

public issues, notably Premier Schollaert's Compulsory Military

Service bill, and it was believed in many quarters that their tenure

of power was near an end. The Liberal hope, however, was doomed to

disappointment; for, although both Liberals and Socialists realized

considerable gains in the popular vote in some portions of the

kingdom, in only a single constituency was the gain sufficient to

carry a new seat. The consequence was that the Catholic majority was

reduced, but not below six, and party strength in the Chamber stood:

Catholics, 86; Liberals, 45; Socialists, 34; Christian Democrats, 1.

Among reasons that may be assigned for the Liberal failure are the

fact that the country was prosperous and not disposed to precipitate a

change of governments, the alienation of some voters by the working

relations that had been established between the Liberals and the

Socialists, and the advantage that regularly accrues to the Catholics

from the plural vote.

[Footnote 767: In the five provinces of Brabant,

Anvers, Namur, West Flanders, and Luxemburg, the

term of whose deputies was about to expire.]

*601. The Catholic Triumph in 1912.*--During the years 1910-1912 the

Catholic tenure of power, prolonged uninterruptedly since 1884, seemed

more than once on the point of being broken. Most of the time,

however, the legislative machine performed its functions sufficiently

well with a majority of but half a dozen seats, and the drift of

affairs operated eventually to strengthen the Catholic position. In

March, 1911, Premier Schollaert introduced an education bill looking

toward the placing of church schools upon a footing financially with

the schools maintained by the communes, and the opposition to this

measure acquired such intensity that the author of the bill was forced

to retire. But his successor, De Broqueville, a man of conciliatory

temperament, formed a new Catholic cabinet which, by falling back (p. 547)

upon a policy of "marking time," contrived to stave off a genuine

defeat. In the municipal elections held throughout the country October

15, 1911, the Liberal-Socialist candidates were very generally

successful, but the parliamentary elections which took place June 2,

1912, had the unexpected result of entrenching the Catholic party more

securely in power than in upwards of a decade. The combined assault of

the Liberals and the Socialists upon "clericalism" fell flat, and

against the Government's contention that the extraordinary and

incontestable prosperity of the country merited a continuance of

Catholic rule no arguments were forthcoming which carried conviction

among the voters. The Catholic vote showed an increase of 130,610, the

Liberal and Socialist opposition an increase of 40,402, and the

Christian Democrats a decrease of 4,692. The new chamber consists of

101 Catholics, 45 Liberals, 38 Socialists, and 2 Christian Democrats,

giving the Government a clear majority of sixteen. The elections were

marked by grave public unrest, involving widespread strikes and

anti-clerical demonstrations, with some loss of life. More clearly

than before was exhibited in this campaign the essentially bourgeois

and doctrinaire character of the present Liberal party. The intimate

touch with the masses which in the days of its ascendancy, prior to

1884, the party enjoyed has been lost, and more and more the

proletariat is looking to the Socialists for propagation of the

measures required for social and industrial amelioration.

*602. The Demand for Further Reform.*--A project upon which the

Socialists and Liberals in the last election, as upon several former

occasions, have found it possible to unite is the abolition of the

plural vote. Almost immediately after the adoption of the amendment of

1893 the Socialists declared their purpose to wage war unremittingly

upon this feature of the new system. In its stead they demanded that

there be substituted the rule of _un homme, un vote_, "one man, one

vote," with the age limit reduced to twenty-one years. Following the

triumph of the Catholics in 1900, the agitation of the Socialists was

redoubled, and in it the Liberals very generally joined. Between the

two groups there arose seemingly irreconcilable differences of method,

the Liberals being unable to approve the obstructionism and other

violent means employed by their allies. In time, however, the

Socialist methods became more moderate, and the realization on the

part of both elements that only by fighting together might they hope

to win induced a fuller and more durable co-operation between the two.

For the time being the Socialists have subordinated to the establishment

of universal and equal suffrage all other features of their political and

industrial programme.[768] Upon the desirability of maintaining (p. 548)

proportional representation all parties are agreed, and it is probably

but a question of time until the principle will be applied fully, as

it is not to-day, in the elections of the provinces and communes.

[Footnote 768: August 15, 1911, Socialists and

Liberals combined in an anti-plural-vote

demonstration in Brussels in which 150,000 people

are estimated to have taken part. For an able

defense of plural voting under the system

prevailing in Belgium see L. Dupriez,

L'Organisation du suffrage universel en Belgique.

Cf. E. Van der Smissen, La question du suffrage

universel en Belgique, in _Annales des Sciences

Politiques_, Sept., 1902. On recent aspects of

Belgian politics consult L. Dupriez, L'évolution

des partis politiques en Belgique et les élections

de mai 1906, ibid., Sept., 1906; A. Kahn, Les

élections belges, in _Questions Diplomatiques et

Coloniales_, June 16, 1910; and J. Van den Heuvel,

Les élections belges, in _Le Correspondant_, June

25, 1912. J. H. Humphreys, Proportional

Representation in Belgium, in _Contemporary

Review_, Oct., 1908, contains a concrete account of

the elections of 1908. A useful volume is A.

Fromes, Code électoral belge (Brussels, 1908).]

*603. The Legislative Chambers: Organization and Procedure.*--The two

houses meet by established right on the second Tuesday in November of

each year, at the Palais de la Nation, in Brussels. A regular session

must continue through a period of at least forty days. The king may

convene the chambers in extraordinary session. He may adjourn them,

save that in no case may an adjournment exceed the term of one month;

nor may it be renewed during the same session, without the consent of

the houses. Finally, the king may dissolve the chambers, or either of

them; but the act of dissolution must include an order for an election

within forty days and a summons of the newly elected parliament to

meet within two months.[769]

[Footnote 769: Arts. 70-72. Dodd, Modern

Constitutions, I., 137.]

Each house judges the qualifications of its members and decides all

contests arising in relation thereto; each elects, at the opening of a

session, its president, vice-president, secretaries, and other

officials; each determines by its own rules the manner in which its

powers shall be exercised. Sessions are normally public; but by vote

of an absolute majority, taken at the instigation of the president or

of ten members, either body may decide to consider a specific subject

behind closed doors. Votes are taken _viva voce_ or by rising, but a

vote on a bill as a whole must always be by roll call and _viva voce_.

Except on propositions pertaining to constitutional amendments and a

few matters (upon which a two-thirds vote is required), measures are

passed by absolute majority. They must, however, be voted upon article

by article.

From the essentially democratic character of the Belgian government,

it follows that the powers of the legislative chambers are comprehensive.

The functions of legislation are vested by the constitution conjointly

in the king and the two houses, but in practice they are exercised (p. 549)

in a very large measure by the houses alone. Each house, as well as

the crown, possesses full rights of legislative initiative, though it

is required that all laws relating to the revenues or expenditures of

the state, or to military contingents, shall be voted first by the

House of Representatives. Authoritative interpretation of measures

enacted is confided exclusively to the legislative power, and each

house is guaranteed the right to inquire into the conduct of public

affairs and to compel the attendance of ministers for the purpose of

interpellation, although the lower house alone is given power to

formulate charges against public officials and to arraign them before

the Court of Cassation.

IV. THE JUDICIARY AND LOCAL GOVERNMENT

*604. The Courts.*--Aside from special military, commercial, and labor

tribunals, the courts of Belgium comprise a symmetrical hierarchy

modelled upon that created under the Code Napoléon. At the bottom are

the courts of the 222 cantons, each consisting of a single justice of

the peace, vested in ordinary breaches of police regulations with sole

authority, though in more serious cases associated with the

burgomaster of the commune. Next above are the tribunals of first

instance, one in each of the twenty-six arrondissements into which the

kingdom is divided, and each consisting of three judges. The court of

first instance serves as a court of appeal from the decisions of the

cantonal tribunal, and at the same time it possesses original

jurisdiction in more serious cases of crime and misdemeanors within

the arrondissement. Above the courts of first instance stand the three

courts of appeal, sitting at Brussels, Ghent, and Liège. That at

Brussels consists of four chambers. At the apex is the Court of

Cassation, sitting at the capital. In this supreme tribunal there is

but a single judge, but associated with him is a large staff of

assistants. The function of the Court of Cassation is to determine

whether the decisions of inferior tribunals are in accord with the law

and to annul such as are not. It is of interest to observe, however,

that it is the Court of Cassation that tries a minister upon charges

preferred by the House of Representatives, and this is the only

circumstance under which the tribunal exercises any measure of

original jurisdiction. The creation of the Court of Cassation and of

the three courts of appeal is specifically provided for within the

constitution. All inferior tribunals are created by law, and none are

permitted to be established otherwise. For the trial of criminal cases

there are special tribunals, in three grades: police courts,

correctional courts, and courts of assize.

All judges and justices of the peace are appointed by the king for

life. Members of the courts of appeal and the presidents and (p. 550)

vice-presidents of the courts of original jurisdiction are selected

from two double lists presented, the one by these courts and the other

by the provincial councils. Members of the Court of Cassation are

selected from two double lists presented, the one by the Senate and

the other by the Court itself. All other judicial officers are

appointed by the crown independently. Except for urgent reasons of

public order or morals, sessions of all tribunals are public, and

every judgment must be pronounced in open court. Unlike Holland,

Belgium has a well developed system of trial by jury. Jury trial is

guaranteed by the constitution in all criminal cases and in all cases

involving political or press offenses. As in England and the United

States, it is the function of the jury to determine whether or not the

accused is guilty and that of the court to explain the law and to

pronounce sentence. A jury consists regularly of twelve members.[770]

[Footnote 770: Arts. 92-107. Dodd, Modern

Constitutions, I., 140-142. Roubion, La séparation

des pouvoirs administratif et judiciaire en

Belgique (Paris, 1905).]

*605. Local Government: Province and Arrondissement.*--Upon the subject

of local government the constitution of Belgium is less explicit than

is that of Holland. Aside from specifying that provincial and communal

institutions shall be regulated by law, it contents itself with an

enumeration of certain principles--among them direct elections,

publicity of sittings of provincial and communal councils, publicity

of budgets and accounts--whose application is regularly to be

maintained.[771] Of local governmental units there are three:[772] the

province, the arrondissement, and the commune. The provinces are nine

in number.[773] In each is a council, elected by all resident citizens

who are entitled to participate in the direct election of senators.

The term is eight years, half of the membership being renewed every

four years. The council meets at least once a year, on the first

Tuesday in July. Its sessions must not exceed four weeks in length nor

be briefer than fifteen days. Special sessions may be called by the

king. The council considers and takes action upon substantially all

legislative, administrative, and fiscal affairs which concern the

province alone. It elects from its own members a permanent deputation

of six men which is charged with the government of the province while

the council is not in session. This deputation is presided over by the

governor-general of the province who is appointed by the crown and

who serves as the principal intermediary between the provincial (p. 551)

and the central governments.

[Footnote 771: Arts. 108-109. Dodd, Modern

Constitutions, I., 142-143.]

[Footnote 772: Not including the canton, which

exists purely for judicial purposes. It is the

jurisdiction of the justice of the peace.]

[Footnote 773: Antwerp, Brabant, East Flanders,

West Flanders, Hainaut, Liège, Limburg, Luxemburg,

and Namur.]

The arrondissement, or district (twenty-six in number), is important

chiefly as an electoral and judicial unit. Members of the lower house

of the national parliament are elected within the arrondissement under

the scheme of proportional representation which has been described;

and, as has been pointed out, each arrondissement is the seat of a

court of first instance.

*606. The Commune.*--In Belgium, as in France and other continental

countries, the vital organism of local government is the commune. The

total number of communes in the kingdom is 2,629. The principal agency

of government within each is a council. Members of this council are

elected for a term of eight years, under arrangements of a somewhat

complicated character determined by the population of the commune.

Voting is _viva voce_; plural votes (to a maximum of four) are

authorized; and seats, under certain conditions, are allocated in

accordance with the principle of proportional representation. A

somewhat singular fact is that the aggregate communal electorate of

the kingdom is perceptibly smaller than the provincial or the

national. The fact arises largely from the circumstance that the

communal voter is required to have been domiciled at least three years

in the commune, while residence of but a single year is required for

participation in provincial and parliamentary elections.[774]

[Footnote 774: In 1902, 1,146,482 communal electors

cast a total of 2,007,704 votes. In 1910-1911 there

were 1,440,141 provincial, and 1,300,514 communal,

voters.]

The administrative body of the commune consists of a burgomaster, or

mayor, appointed by the crown (in communes whose population exceeds

5,000 elected by the communal council) for a term of ten years, and a

college of _échevins_, or aldermen, elected by and from the communal

council. The burgomaster is head of the local police, and to him and

to the council fall the keeping of the register of births, marriages,

and deaths, the making and enforcing of local ordinances, and, in

general, the safeguarding of the welfare of the community. The more

important measures of the communal council become valid only after

they have received the approval of the provincial deputation, or even

of the ministry at Brussels; and there are special officials, known as

_commissaires d'arrondissement_, appointed by the provincial

deputation, to maintain supervision over the communes and their

governing authorities. A fundamental characteristic, indeed, of

Belgian administration is the combination of constant supervision by

the central power with a really large measure of local autonomy.[775]

[Footnote 775: Dupriez, Les Ministres, 262-276; E.

de Laveleye, Local Government and Taxation, in

Cobden Club Essays (London, 1875).]

PART VIII.--SCANDINAVIA (p. 553)

CHAPTER XXX

THE GOVERNMENT OF DENMARK

I. DEVELOPMENT PRIOR TO 1814

The kingdom of Denmark is among the smallest of European states. Its

area is but 15,582 square miles, which is less than one-third of that

of the state of New York, and its population, according to the returns

of 1911, is but 2,775,076. The nation is one whose social experiments,

economic enterprises, and political practices abound in interest. As a

power, it counts nowadays for little. Time was, however, when it

counted for much, and the developments by which the kingdom has been

reduced to its present status among the nations comprise one of the

remarkable chapters of modern European history.

*607. Union of Kalmar, 1397.*--The maximum of Danish dominion was

attained by virtue of the Union of Kalmar, in 1397, whereby the three

kingdoms of Denmark, Norway, and Sweden were united under the regency

of Margaret, daughter of the Danish king Valdemar IV.[776] By the

terms of this arrangement the native institutions and the separate

administration of each of the three states were guaranteed; and, in

point of fact, so powerless at times during succeeding generations was

the Danish sovereign in his over-sea dominions that for all practical

purposes each of the three affiliated kingdoms may be regarded as

having retained essentially its original independence. During an

extended period at the middle of the fifteenth century Sweden even had

a king of her own. None the less, there was a form of union, and at

times the preponderance of Denmark tended to reduce the northern

nations to the status of mere dependencies. The union with Sweden

lasted only a century and a quarter. Under the leadership of Gustavus

Vasa the Swedish people, in 1523, effectually regained their

independence, although in accordance with the Treaty of Malmö, in

1524, certain of the southernmost Swedish provinces remained for a

time under Danish control.[777] It was the lot of Norway, on the (p. 554)

other hand, not alone to be brought more thoroughly into subjection to

Denmark than was Sweden, but to continue under Danish sovereignty

until 1814, and even at that date to pass instantly from the control

of Denmark into that of Sweden, rather than to regain her ancient

independence.

[Footnote 776: The nominal sovereign was Margaret's

great-nephew, Eric of Pomerania, who was elected at

a convention of representatives of the three

kingdoms held simultaneously with the establishment

of the Union. Eric was deposed in 1439.]

[Footnote 777: R. N. Bain, Scandinavia, a Political

History of Denmark, Norway, and Sweden (Cambridge,

1905), Chap. 3; P. B. Watson, The Swedish

Revolution under Gustavus Vasa (London, 1889).]

*608. The Loss of Norway, 1814.*--The loss of Norway by Denmark was an

incident of the Napoleonic wars. During the course of those wars

Denmark, as long as was practicable, maintained a policy of

neutrality. But in 1807, after she had rejected an offer of a British

alliance, she was attacked by a British fleet, and thereupon she

became the firmest and most persistent of the allies of Napoleon. Thus

it came about that when the contest of the powers drew to an end

Denmark had the misfortune to be found upon the losing side. Sweden

stood with the Allies, and the upshot was that, to compensate that

nation for her loss of Finland to Russia and of Pomerania to Prussia,

the Allies gave their consent, in 1812-1813, to the dismemberment by

Sweden of the Danish dominion. The work was accomplished by the French

marshal Bernadotte, crown prince of Sweden (by adoption) from 1810,

and later king (1818-1844). By the Treaty of Kiel, January 14, 1814,

Norway was ceded perforce by Denmark to Sweden, and by the Congress of

Vienna, later in the year, the transfer was accorded the formal

approval of the powers. The Norwegians objected and proceeded to elect

as their king a Danish prince; but in the end they were compelled to

submit. Denmark was unable to do more than make ineffectual protest.

*609. Political Development: the Revolution of 1660.*--The governmental

system with which Denmark emerged from the era of Napoleon was

essentially that which had been in operation in the kingdom since the

second half of the seventeenth century. Prior to a remarkable

revolution which, in 1660, followed the conclusion of a costly war

with Sweden, monarchy in Denmark was limited and almost uniformly

weak. Through three hundred years the kings were elected by the

Rigsrad, or senate, and the conditions of their tenure were such as to

preclude both the independence of action and the accumulation of

resources which is essential to absolutism. As early as 1282 the

nobles were able to extort from the crown a _haandfaestning_, or

charter, and almost every sovereign after that date was compelled,

once at least during his reign, to make a grant of chartered

privileges. To the Danehof, or national assembly, fell at times a (p. 555)

goodly measure of authority, although eventually it was the Rigsrad

that procured the supreme control of the state. The national assembly

comprised the three estates of the nobles, the clergy, and the

burgesses;[778] the senate was a purely aristocratic body.

[Footnote 778: In the Swedish diet the peasantry

constituted a fourth estate, but in Denmark no

political power was possessed by this class.]

In 1660 there occurred a revolution in consequence of which the

monarchy was rehabilitated and a governmental system which long had

been notoriously disjointed and inefficient was replaced by a system

which, if despotic, was at least much superior to that which

theretofore had been in operation. The nobles, discredited by the

calamities which their misrule had brought upon the nation, were

compelled to give way, and the estates represented in the Danehof

surrendered, in a measure voluntarily, a considerable portion of the

privileges to which they had been accustomed to lay claim. The

monarchy was put once more upon an hereditary basis and its powers

were materially enlarged. The intent of the aggressive sovereign of

the day, Frederick III., was to proceed with caution, but not to stop

halfway. By the promulgation of two monumental documents the road was

thrown open to thoroughgoing absolutism. One of these was the

"Instrument, or Pragmatic Sanction, of the King's Hereditary Right to

the Kingdoms of Denmark and Norway," dated January 10, 1661. The other

was the _Kongelov_, or "King's Law," of November 14, 1665, a state

paper which has been declared to have "the highly dubious honor of

being the one written law in the civilized world which fearlessly

carries out absolutism to its last consequences."[779] In the

_Kongelov_ it was made _lèse-majesté_ in any manner to usurp or

infringe the king's absolute authority; it was asserted that the

moment the sovereign ascends the throne crown and scepter are vested

in him by his own right; and the sole obligation of the king was

affirmed to be to maintain the indivisibility of the realm, to

preserve the Christian faith in accordance with the Augsburg

Confession, and to execute faithfully all of the provisions of the

_Kongelov_ itself. Such were the principles upon which, during upwards

of two centuries thereafter, the government of the Danish kingdom was

based. Absolutism was all but unrelieved; but it is only fair to add

that most of the sovereigns, according to the light which they

possessed, sought to govern in the interest of their subjects.[780]

[Footnote 779: Bain, Scandinavia, 266.]

[Footnote 780: For sketches of Danish political

history prior to 1814 see Bain, Scandinavia, Chaps.

2, 4, 7, 10, 15; Lavisse et Rambaud, Histoire

Générale, III., Chap. 14, IV., Chap. 15; VI., Chap.

17; VII., Chap. 23; IX., Chap. 23. An important

Danish work is P. F. Barfod, Danmarks Historie,

1319-1536 (Copenhagen, 1885).]

II. THE RISE OF CONSTITUTIONALISM, 1814-1866 (p. 556)

*610. The Provincial Diets.*--Gradually after 1814 the kingdom recovered

from the depression into which by its loss of territory and its

staggering indebtedness it had been plunged, and with the recovery

came a revived political spirit as well as a fresh economic stimulus.

The sixteen years between the Treaty of Kiel and the revolutionary

year 1830 were almost absolutely devoid of political agitation, but

after 1830 there set in, in Denmark as in most continental countries,

a liberal movement whose object was nothing less than the

establishment of a constitutional system of government. To meet in

some measure the demands which were made upon him, King Frederick VI.

called into being, by decrees of 1831 and 1834, four Landtags, or

diets, one in each of the provinces of the realm--Schleswig, Holstein,

Jutland, and the Islands.[781] The members of these assemblies,

comprising burgesses, landowners, and peasants, were to be chosen by

the landed proprietors for a term of six years, and they were to meet

biennially for the discussion of laws and taxes and the drawing up of

petitions. A few landowners, professors, and ecclesiastics were to be

appointed to membership by the crown. The function of each of the four

bodies was purely consultative.

[Footnote 781: The ordinance establishing the

provincial assemblies was promulgated May 28, 1831,

but the assemblies did not come into existence

until after the supplementary decrees of May 15,

1834. In 1843 Iceland was granted "home rule," with

the right to maintain an independent legislature.]

*611. Royal Opposition to Reform.*--From the point of view of the

Liberals, whose aim was the institution of a national parliamentary

system, the king's concession was too meager to comprise more than a

bare beginning. Throughout the remainder of the reign agitation was

kept up, although at the hand of a sovereign whose fundamental

political principle was the divine right of kings, little that was

more substantial was to be expected. Christian VIII., who succeeded

Frederick in December, 1839, brought with him to the throne a

reputation for enlightened and progressive views. Further, however,

than to pledge himself to certain administrative reforms the new

sovereign displayed scant willingness to go. One liberal project after

another was repelled, and press prosecutions and other coercive

measures were brought to bear to discourage propaganda. It was in this

period, however, that there arose a preponderating issue whose

settlement was destined eventually to exert a powerful influence in

the establishment of constitutional government in Denmark, i.e., the

question of the policy to be pursued in respect to the affiliated

duchies of Schleswig, Holstein, and Lauenburg.[782] During the (p. 557)

later years of the reign successive ministries grappled vainly with

this problem, and the political forces of the kingdom came to be

divided with unprecedented sharpness by the conflict between the

separatist tendency and the demand for immediate and complete

incorporation. The king himself was brought eventually to consent to

the framing of a constitution for the whole of his dominions, as a

means of holding the realm together; but he died, January 20, 1848,

before the task had been completed.

[Footnote 782: Holstein and Lauenburg were German

in population and were members of the German

Confederation. Southern Schleswig also was

inhabited by German-speaking people, though the

duchy did not belong to the Confederation.

Schleswig and Holstein had been joined with Denmark

under a precarious form of union since the Middle

Ages. Lauenburg was acquired, with the assent of

the Allies, in 1814-1815 in partial compensation

for the loss of Norway.]

*612. The Constitutions of 1848-1849.*--Within eight days the

constitution was promulgated by the new sovereign, Frederick VII.

Under its provisions there was established a parliament representative

of all of the Danish dominions. Neither the Danes nor the inhabitants

of the duchies, however, were satisfied, and in Holstein there broke

out open rebellion. Prussia intervened in behalf of the disaffected

duchies, and Great Britain and Russia in behalf of the Danish

Government. The result was the triumph of the Government; but in the

meantime the rescript by which the common constitution had been

promulgated was withdrawn. In its place was published a decree which

provided for the establishment of a bicameral national assembly

(Rigsdag), of whose 152 members 38, nominated by the crown, were to

form a Landsthing, or upper chamber, and the remaining 114, elected by

the people, were to comprise a Folkething, or house of representatives.

In the early summer of 1849 a constitution embodying these

arrangements was drawn up; and June 5, after having been adopted by

the new Rigsdag, the instrument was approved by the crown. For the

moment the question of the duchies seemed insoluble, and this second

constitution was extended to Jutland and the Islands only, i.e., to

Denmark proper. Its adoption, however, is a landmark in Danish

constitutional history. Under its terms the autocracy of the

_Kongelov_ was formally abandoned and in its place was substituted a

limited monarchy in which legislative powers were to be shared by the

crown with an elective diet and the executive authority was to be

exercised by ministers responsible to the legislative body. As will

appear, it was this constitution of June 5, 1849, that, with revision,

became permanently the fundamental law of the kingdom.[783]

[Footnote 783: Bain, Scandinavia, Chap. 16;

Cambridge Modern History, XI., Chap. 24

(bibliography, pp. 961-962); Lavisse et Rambaud,

Histoire Générale, X., Chap. 18; C. F. Allen,

Histoire de Danemark depuis les temps les plus

reculés jusqu'à nos jours (Copenhagen, 1878).]

*613. The Problem of the Duchies.*--Following prolonged (p. 558)

international conferences, there was issued, January 28, 1852, a new

constitutional decree by which it was provided that the kingdom proper

and Schleswig, Holstein, and Lauenburg should have a common

constitution for common affairs, but that each of the territories

should enjoy autonomy in the management of its separate concerns. An

ultra-conservative constitution which had been worked out by the

Rigsdag in consultation with the Landtags of the duchies, was

promulgated October 2, 1855. No sooner had the instrument been put in

operation, however, than stubborn opposition to its provisions arose,

both from the duchies themselves and from the interested powers of

Germany. November 28, 1858, the Danish Government yielded in so far as

to consent to the withdrawal of the constitution from Holstein and

Lauenburg. Through several years thereafter the question of the

duchies overshadowed all else in Danish politics and in Danish

diplomatic relations. March 30, 1863, a royal decree recognized the

essential detachment of Holstein from the monarchy and vested the

legislative power of the duchy solely in the king and the local

estates. Later in the year, however, the premier Hall proposed and

carried through the Rigsdag a constitution which contemplated again

the incorporation of Schleswig with the kingdom. To this instrument

the Council of State, November 13, gave its assent, and, five days

later, with the approval of the new sovereign, Christian IX., it

became law. So far as Denmark was concerned, the solution of the

question of the duchies was now at hand. In the name of Prussia and

Austria, Bismarck demanded summarily that the November constitution be

rescinded. War ensued, and by the Treaty of Vienna, October 30, 1864,

Denmark, in defeat, yielded all claim to Schleswig, Holstein, and

Lauenburg. After continuing for a time a bone of contention between

the leading German states, these territories were incorporated,

subsequent to the Austro-Prussian war of 1866, in the kingdom of

Prussia. Denmark, shorn of a million of population and approximately

one-third of her territory, was reduced in power and area to

substantially her present proportions.[784]

[Footnote 784: Cambridge Modern History, XI., Chap.

16; Lavisse et Rambaud, Histoire Générale, XI.,

Chap. 12; J. W. Headlam, Bismarck and the

Foundation of the German Empire (New York, 1909),

Chap. 8; H. Delbrück, Der Deutsch-Dänische Krieg,

1864 (Berlin, 1905).]

*614. The Revised Constitution of 1866.*--The loss of the duchies, while

humiliating, cut the Gordian knot, of Danish political reconstruction.

July 28, 1866, the constitution of July 5, 1849, in revised form, (p. 559)

was re-issued, and this instrument continues to the present day the

fundamental law of the kingdom. Its ultimate adoption was the

achievement largely of the agricultural interests in the Rigsdag; but

the king, Christian IX., though not in sympathy with the parliamentary

ideal of government, gave it his cordial support. The constitution is

an elaborate document, in ninety-five articles. In addition to the

customary specifications relating to the executive, legislative, and

judicial departments of the government, it contains a wide variety of

guarantees respecting religion, freedom of speech and of the press,

liberty of assemblage and of petition, and uniformity of judicial

procedure, which, taken together, comprise a very substantial bill of

rights.[785] The method of its amendment is not materially unlike that

prevailing in Holland, Belgium, and a number of other continental

countries. Proposals regarding alterations or additions may be

submitted at any time within either branch of the Rigsdag. In the

event of the adoption of a proposal of the kind by both chambers, it

becomes the duty of the Government, provided it favors the change, to

dissolve the Rigsdag and to order a general election. If the newly

chosen Rigsdag adopts the proposed amendment without change and the

crown formally approves it, the modification goes forthwith into

effect.[786] Constitutional amendments since 1866 have been, however,

neither numerous nor important.[787]

[Footnote 785: Arts. 80-94. Dodd, Modern

Constitutions, I., 278-280.]

[Footnote 786: Art. 95. Ibid., I., 280.]

[Footnote 787: The text of the Danish constitution,

in English translation, is printed in Dodd, Modern

Constitutions, I., 267-281; H. Weitemeyer, Denmark

(London, 1891), 203-217; and British and Foreign

State Papers, LVIII. (1867-1868), 1,223 ff. The

best brief treatise on the Danish constitutional

system is C. Goos and H. Hansen, Das Staatsrecht

des Königsreichs Dänemark (Freiburg, 1889), in

Marquardsen's Handbuch. A Danish edition of this

work was issued at Copenhagen in 1890. The best

extended commentaries are H. Matzen, Den Danske

Statsforfatningsret (3d ed., Copenhagen, 1897-1901)

and C. G. Holck, Den Danske Statsforfatningsret

(Copenhagen, 1869). T. H. Aschehoug, Den Nordiske

Statsret (Copenhagen, 1885) is a useful study, from

a comparative point of view, of the constitutional

law of Denmark, Norway, and Sweden.]

III. THE CROWN AND THE MINISTRY

*615. The King: Status and Powers.*--The form of the Danish government

is declared by the constitution to be that of a limited monarchy.[788]

The throne is hereditary, and the succession is regulated by a law of

July 31, 1853, adopted in pursuance of the Treaty of London of May (p. 560)

8, 1852, wherein the powers bestowed the Danish succession upon Prince

Christian, of Schleswig-Holstein-Sonderburg-Glücksburg, and the direct

male descendants of his union with the Princess Louise of Hesse-Cassel,

niece of Christian VIII. of Denmark.[789] By the constitution it is

required of the king that he shall not become the ruler of any country

other than Denmark without the consent of the Rigsdag, that he shall

belong to the Evangelical Lutheran Church (the national church of

Denmark, supported by the state), and that before assuming the throne

he shall give in writing before the Council of State an assurance,

under oath, that he will maintain inviolate the constitution of the

kingdom.[790] The royal civil list is fixed by law for the term of the

reign. That of the present sovereign, Frederick VIII., is one million

kroner annually.

[Footnote 788: Art. 1. Dodd, Modern Constitutions,

I., 267.]

[Footnote 789: Prince Christian became, in 1863,

King Christian IX.]

[Footnote 790: One original text of this pledge

must be preserved in the archives of the crown,

another in those of the Rigsdag. Art. 7. Dodd,

Modern Constitutions, I., 267.]

The powers of the king are comprehensive. Within the limitations

prescribed by the constitution, he exercises "supreme authority over

all the affairs of the kingdom." He appoints to all offices, dismisses

from office, and transfers from one office to another. He declares war

and makes peace. He concludes and terminates treaties of alliance and

of commerce, on condition only that an agreement which involves a

cession of territory or a change of existing international relations

must receive the assent of the Rigsdag. He exercises the power of

pardon and of amnesty, save that without the consent of the Folkething

he may not relieve ministers of penalties arising from impeachment

proceedings. He grants such licenses and exemptions from the laws as

are authorized by statute. He convenes the Rigsdag in regular session

annually and in extraordinary session at will, adjourns it, and

dissolves either or both of the houses. He may submit to it projects

for consideration or drafts of laws, and his consent is necessary to

impart legal character to any of the measures which it enacts. He

orders the publication of statutes and sees that they are executed.

Finally, when the need is urgent and the Rigsdag is not in session, he

may promulgate ordinances, provided, first, that they are not contrary

to the constitution, and, second, that they are laid before the

Rigsdag at its ensuing meeting.

*616. The Ministry and the Parliamentary System.*--For the measures of

the government the king is not personally responsible. His powers are

exercised through ministers, who are appointed and may be removed by

him, and whose number and functions are left to his determination. The

ministries are nine in number, as follows: Foreign Affairs, (p. 561)

Interior, Justice, Finance, Commerce, Defense, Agriculture, Public

Works, and Public Instruction and Ecclesiastical Affairs. Collectively

the ministers form the Council of State, over which the king presides

and in which the heir to the throne, if of age, is entitled to a seat.

All laws and important public matters are apt normally to be discussed

in the Council of State. There is also, however, a Council of

Ministers, consisting simply of the nine heads of departments under

the presidency of an additional minister designated by the crown, and

to this body are referred in practice many minor subjects that call

for consideration.

The ministers, so the constitution affirms, are responsible for the

conduct of the government.[791] The king's signature of a measure

gives it legal character only if accompanied by the signature of one

or more of the ministers, and ministers may be called to account by

the Folkething, as well as by the king, for their conduct in office.

There is, furthermore, a special Court of Impeachment for the trial of

ministers against whom charges are brought. On the surface, these

arrangements seem to imply the existence of a parliamentary system of

government, with a ministry answerable singly and collectively to the

popular legislative chamber. In point of fact, however, there has been

all the while much less parliamentarism in Denmark than seemingly is

contemplated in the constitution, and it is hardly too much to say

that since the adoption of the present constitution the most

interminable of political controversies in the kingdom has been that

centering about the question of the responsibility of ministers. Until

at least within the past decade, the practice of the crown has been

regularly to appoint ministers independently and to maintain them in

office in disregard of, and even in defiance of, the wishes of the

popular branch of the legislature. The desire of the Liberals has been

to inaugurate a thoroughgoing parliamentary régime, under which the

sovereign should be obligated to select his ministers from the party

in control of the Folkething and the ministers, in turn, should be

responsible to the Folkething, in fact as well as in theory, for all

of their official acts. Throughout the prolonged period covered by the

ministry of Jakob Estrup (1875-1894) the conflict upon this issue was

incessant. During the whole of the period Estrup and his colleagues

commanded the support of a majority in the Landsthing, but were

accorded the votes of only a minority in the lower chamber. After the

elections of 1884, indeed, the Government could rely upon a total of

not more than nineteen votes in that chamber.

[Footnote 791: Art. 12. Dodd, Modern Constitutions,

I., 268.]

*617. The Establishment of Ministerial Responsibility.*--Under the

continued stress of this situation constitutionalism broke down (p. 562)

completely. The Government, finding its projects of military and

naval reform persistently thwarted and its budgets rejected, stretched

its prerogatives beyond all warrant of law. Provisional measures, in

the form of royal ordinances, and arbitrary decisions multiplied, and

budgets were adopted and carried into execution without so much as the

form of parliamentary sanction. In time the forces of opposition fell

into disagreement and the more moderate element was brought to the

point of compromise. Between the Conservatives and the National

Liberals, on the one hand, by whom the Government had been supported,

and the conciliatory element of the Liberal opposition, on the other,

a truce was arranged, and in 1894, for the first time in nine years,

it was found possible to enact the annual finance law in regular

manner. In this same year Estrup's retirement cleared the way for the

appointment of a moderate Conservative ministry. Under Estrup's

successors the conflict was continued, but not so vigorously as

before. More and more the political center of gravity shifted to the

Folkething, and when the general elections of 1901 returned to that

body an overwhelming majority of Liberals, Christian IX. was at last

compelled to give way and to call into being a Liberal ("Left Reform")

ministry. It is too much to say that the parliamentary system is as

yet completely established in Denmark. There is, however, a closer

approximation to it than ever before, and there is every prospect of

the ultimate and thorough triumph of the essential parliamentary

principle. In 1908, and again in 1909, a ministry was virtually forced

to resign by the pressure of parliamentary opposition.

IV. THE RIGSDAG--POLITICAL PARTIES

*618. The Landsthing.*--The Rigsdag is composed of two chambers--the

Landsthing, or Senate, and the Folkething, or House of Representatives.

The Landsthing consists of 66 members, of whom 12 are appointed by the

king, seven are elected in Copenhagen, 45 are elected in the larger

electoral divisions comprising rural districts and towns, one is

elected in Bornholm, and one is chosen by the Lagthing of the Faröe

Islands.[792] The king's appointment of members is made for life, from

among active or former members of the Folkething. Elected members

serve regularly eight years, one-half retiring every four years. The

seven members for Copenhagen are chosen by an electoral college

composed of (1) electors chosen by all citizens who are entitled (p. 563)

to vote for members of the Folkething, in the ratio of one elector for

every 120 voters or major fraction thereof, and (2) an equal number of

electors chosen by the voters who, during the preceding year, have

been assessed upon a taxable income of not less than 2,000

rix-dollars. The members elected from the rural districts and towns

are chosen indirectly, after a manner analogous to that in operation

in the capital.[793] The result is a very successful combination of

the principles of indirect popular election and indirect

representation of property. In all cases the election of members takes

place according to the principles of proportional representation.[794]

Every person eligible to the Folkething is eligible to the Landsthing,

provided he has resided in his electoral circle, or district, during

the year preceding his election.

[Footnote 792: Art. 34. Dodd, Modern Constitutions,

I., 272. The status of the Faröe Islands is that of

an integral portion of the kingdom, not that of a

dependency. It is analogous to the status of

Algeria in the French Republic. No other outlying

Danish territory is represented in the Rigsdag.]

[Footnote 793: For details see Art. 37 of the

constitution. Dodd, Modern Constitutions, I., 272.]

[Footnote 794: It is of interest to observe that

Denmark was the first nation to make use of a

system of proportional representation. The

principle was introduced originally as early as

1855, in the constitution promulgated in that year,

and it was retained through the constitutional

changes of 1863 and 1866, although its application

was restricted to the election of members of the

upper chamber. An account of its introduction is

contained in La représentation proportionnelle

(Paris, 1888), published by the French Society for

the Study of Proportional Representation.]

*619. The Folkething.*--The Folkething is composed of deputies chosen

directly by manhood suffrage for a term of three years. By the

constitution it is stipulated that as nearly as practicable there

shall be one member for every 16,000 inhabitants. In point of fact,

the total membership of the Chamber is but 114, whereas at the ratio

indicated it should be upwards of 170. Deputies are elected by secret

ballot (since 1901), in single-member districts. The franchise is

extended to all male citizens of good reputation who have attained the

age of thirty years, except those who are in actual receipt of public

charity, those who have at one time been recipients of public charity

and have rendered no reimbursement therefor, those who are in private

service and have no independent household establishment, and those who

are not in control of their own property. The voter must have resided

a minimum of one year in the circle in which he proposes to vote.[795]

With the exception of non-householders in private service, of persons

under guardianship, and of recipients of public charity, all male

citizens who have completed their twenty-fifth year are qualified for

election. Curiously enough, it is thus possible for a citizen to

become a member of the Folkething before he is old enough to vote at a

national election. Members of both chambers receive, in addition to

travelling expenses, regular payment for their services at the (p. 564)

rate of ten kroner per day during the first six months of a session,

and six kroner for each day thereafter.

[Footnote 795: Art. 30. Dodd, Modern Constitutions,

I., 271.]

During recent years there has been no small amount of agitation in

behalf of a more democratic electoral system. In April, 1908, there

was enacted an important piece of legislation whereby the franchise in

municipal elections was conferred upon all resident taxpayers of the

age of twenty-five, men and women alike; and, beginning with the

elections of 1909, women have both voted and held office regularly

within the municipalities. By the legislation of 1908 the number of

persons qualified to vote at local elections was practically doubled.

Early in 1910 a measure was passed in the Folkething whereby the age

limit for voters in parliamentary elections was reduced from thirty to

twenty-five years and the suffrage was conferred upon women and upon

persons engaged in service. This measure did not become law, but in

the Folkething elected May 20 of the same year Premier Berntsen

introduced a new bill of essentially the same nature. The question of

proportional representation was deferred, the bill providing for (1)

the reduction of the voting age to twenty-five; (2) the increase of

the number of deputies to 132; and (3) the extension of the suffrage

in national elections to women, together with eligibility for seats in

both of the legislative chambers. This measure likewise failed; but at

the opening of Parliament in October, 1912, fresh proposals upon the

subject were introduced.

*620. The Rigsdag: Sessions and Powers.*--The Rigsdag is required to

meet in regular session on the first Monday in October of every year.

Each house determines the validity of the election of its members;

each makes its own regulations concerning its order of business and

the maintenance of discipline; each elects its own president,

vice-presidents, and other officers. Each has the right to propose

bills, each may present addresses to the king, and the consent of each

is necessary to the enactment of any law. By provision of the

constitution the annual budget must be laid on the table of the

Folkething at the beginning of each regular session, and no tax may be

imposed, altered, or abolished save by law. Each house is required to

appoint two salaried auditors whose business it is to examine the

yearly public accounts and to determine whether there have been either

unrecorded revenues or unauthorized expenditures. For the adjustment

of conflicts between the two chambers there is provided a method

whereby there may be constituted a joint conference committee similar

to that employed under like circumstances in the American Congress.[796]

Sessions are public, and a majority of the membership constitutes (p. 565)

a quorum. With the consent of the house to which he belongs, any

member may propose subjects for consideration and may request

explanations from the Government concerning them. Ministers are

entitled to appear and to speak in either chamber as often as they may

desire, provided they do not otherwise infringe upon the order of

business. By reason of the uncertain status of ministerial

responsibility the right of interpellation means as yet but little in

practice. The minister may or may not reply to inquiries, and in any

case he is not obliged by unfavorable opinion or an adverse vote to

retire.

[Footnote 796: Art. 53. Dodd, Modern Constitutions,

I., 274.]

*621. Political Parties: the Ministry of Estrup, 1875-1894.*--Prior to

1848 the preponderating public issues of Denmark were concerned

chiefly with the introduction in the kingdom of a constitutional type

of government. Between 1848 and 1864, they related all but exclusively

to the status of the duchies of Schleswig, Holstein, and Lauenburg.

During the closing quarter of the past century they centered

principally in the titanic conflict which a growing and indomitable

majority in the Folkething, representing a no less determined majority

of the nation, waged with King Christian IX. and his advisers in

behalf of the enforcement of constitutional limitations upon the crown

and of ministerial responsibility to the national legislative body.

The prolonged struggle between the Government and the parliamentary

majority had its beginning in 1872, when the various radical groups in

the Folkething, drawing together under the designation of the United

Left, rejected a proposed budget and passed a vote of want of

confidence in the Conservative Government. The avowed purpose of the

disaffected elements was to force the ministry of Holstein of

Holsteinborg to retire, to compel the sovereign to select his

ministers from the parliamentary majority, and to enforce the

principle of ministerial responsibility to the lower legislative

chamber. Supported by the king and the Landsthing, however, the

ministry refused to resign. June 11, 1875, there was called to the

premiership an able and aggressive statesman, Jakob Estrup, who

through the next nineteen years continuously maintained the

Government's position against the most desperate of parliamentary

assaults. During the whole of this period Estrup commanded the support

of the Landsthing, but was opposed by large majorities in the

Folkething and throughout the country. The struggle raged principally

upon questions of finance. Estrup, who retained for himself the

portfolio of finance, was bent upon the strengthening of Danish

armaments, and over the protest of the Folkething huge budgets were

put into effect again and again by simple ordinance of the crown. From

1882 onwards ordinary legislation was at a standstill, and during (p. 566)

nine years after 1885 there was not one legal grant of supplies. The

constitution was reduced well nigh to waste paper.

*622. Later Conservative Governments: the Triumph of the Left.*--In 1886

the Radicals, despairing of overthrowing the Estrup government by

obstruction, resorted for the first time to negotiation. Not until

April 1, 1894, however, was the parliamentary majority able to agree

with the Government and the Landsthing upon a budget which, by being

made retroactive, legalized the irregular fiscal expedients of the

past two decades. In August of the same year Estrup was succeeded in

the premiership by Reedtz-Thott who, although a Conservative, and

hence a supporter of the Government's position, was more favorable to

conciliation than had been his predecessor. The struggle, however, was

by no means ended. The elections of 1895 and of 1898 resulted in

decisive victories for the Liberals and Radicals, and in the Chamber

the Government was confronted by an overwhelming majority comprising a

Moderate Left, a Reform or Radical Left, and a group of Social

Democrats. Even in the Landsthing the Government's hold was growing

less substantial. Reedtz-Thott, none the less, clung to office until

December, 1899, and after his retirement there followed two more

Conservative ministries--those of Hörring (December, 1899, to April,

1900) and of Sehested (April, 1900, to July, 1901).

On July 16, 1901, occurred the most notable political event in a

half-century of Danish history. Confronted by a majority of 106 to 8

in the Folkething, besieged by widespread popular opinion, and

possessing no longer a dependable majority in the Landsthing, the aged

Christian IX. gave way, with such grace as he could muster, and

summoned to the premiership Professor Deuntzer, by whom was

constituted a pure Left Reform ministry. At the partial elections of

September 19, 1902, the Conservatives lost absolutely their majority

in the upper chamber, while in the Folkething party strength was so

redistributed that, while the Conservatives retained their eight

seats, the Social Democrats acquired fourteen and the Left Reform

party seventy-seven. The elections of June 16, 1903, wrought but

insignificant changes of status.

*623. The Christensen Ministry (1905-1908) and the Elections of

1906.*--As was to be expected of a party whose rôle had been regularly

one of mere opposition, the Left Reform, after gaining office,

developed a certain amount of internal discord. In January, 1905, the

Deuntzer ministry broke up and a more homogeneous and moderate cabinet

was organized under the Left Reform leader Christensen. This ministry

contrived to retain office until October, 1908. At the elections of

May 29, 1906, the Government took its stand upon manhood suffrage (p. 567)

in parliamentary elections, equal suffrage in municipal elections (in

accordance with the principle of proportional representation) for all

taxpayers, and the reform of both the administrative and judicial

systems. Its bitterest opponents were its former allies, the Radical

Left (which had split off from the Left Reform party after the

formation of the Christensen ministry) and the Social Democrats,

though neither of these parties put forward a programme which was in

any measure specific. After an unusually spirited contest the

Government was found to have lost three seats, the Social Democrats to

have gained eight, the Radical Left to have lost four, and the

Conservatives to have gained two. The resulting grouping in the

Folkething was as follows: Left Reform (Ministerialists), 55; Moderate

Left, 9; Radical Left, 9; Social Democrats, 24; Conservatives, 13;

Independents, 3; member for Faröe Islands, 1. At the partial renewal

of the Landsthing in September, 1906, the Government lost five seats,

and with them the majority which, aided by the Moderate Left and the

Free Conservatives,[797] it had been able since 1901 to control. The

consequence of its losses was that the Christensen ministry drew

appreciably toward the Conservative elements of the Rigsdag, as

against the Radicals and Socialists.

[Footnote 797: A group which, after the formation

of the Deuntzer ministry, split off from the

Conservatives in the upper chamber.]

*624. Ministerial Instability, 1908-1912.*--October 11, 1908, largely by

reason of the scandal in which it was involved by the embezzlements of

the minister of the interior Alberti, the ministry of Christensen was

replaced by a cabinet formed by Neergaard. It in turn retired, July

31, 1909, defeated upon bills to which it was committed for the

strengthening of the national fortifications. The Holstein-Ledreborg

ministry which succeeded was able to secure the passage of the bills,

but, October 22, 1909, it was forced out on a vote of want of

confidence. At the election of May 25, 1909, in which the military

bills comprised the principal issue, the Left Reform government had

continued to lose ground, while the Radicals (though not the Social

Democrats) and the Conservatives had gained. October 28, 1909, a new

ministry was formed by the Radical leader Zahle. In the Folkething the

Radicals possessed 20 seats only, but with the aid of the Social

Democrats, possessing 24, they hoped to be able to attain some measure

of success. The hope proved vain. April 18, 1910, the Folkething was

dissolved, and there followed another spirited campaign in which the

military question was preponderant. The Radical government, with its

Socialist allies, went before the country on a platform which proposed

the repeal of the defense measures passed during the previous (p. 568)

year. But at the elections of May 20 both Radicals and Social Democrats

obtained precisely the respective number of seats which they had

before possessed, while 69 deputies were returned by the groups which

were favorable to the execution of the contested measures. July 1, the

Zahle ministry resigned and was succeeded by a cabinet formed by Klaus

Berntsen, leader of the Moderate Left. The new ministry, although

drawn exclusively from the Left, was well received by the Conservatives,

who pledged it their continued support against the Radical-Socialist

coalition.[798]

[Footnote 798: The salient facts relating to the

political history of Denmark since 1870 may be

gleaned from the successive volumes of the _Annual

Register_. Works of importance dealing with the

subject include N. Neergaard, Danmarks Riges

Historie siden 1852 (Copenhagen, 1909); H. Holm,

Forligets förste Rigsdagssamling 1894-1895

(Copenhagen, 1895), and Kampen om Ministeriet

Reedtz-Thott (Copenhagen, 1897); H. Barfod, Hans

Majestaet Kong Christian IX. (Copenhagen, 1888);

and A. Thorsöe, Kong Christian den Niende

(Copenhagen, 1905).]

V. THE JUDICIARY AND LOCAL GOVERNMENT

*625. General Principles: the Courts.*--In the Danish constitution there

are laid down a number of general principles with respect to the

judicial branch of the government, but the organization of the courts

is left almost entirely to be regulated by law. It is stipulated that

judges, who are appointed by the crown, may not be dismissed except in

consequence of judicial sentence, nor transferred against their wishes

from one tribunal to another, unless in the event of a reorganization

of the courts;[799] that they shall exercise their functions strictly

in compliance with law; that in criminal cases and cases involving

political offenses trial shall be by jury; that in the administration

of justice there shall be, so far as practicable, publicity and oral

procedure; and that it shall be within the competence of the courts to

decide all questions relative to the extent of the powers of the

public officials.

[Footnote 799: At the age of sixty-five they may be

retired on full salary.]

The tribunals that have been established by law comprise, beginning at

the bottom, the magistracies of the _herreds_, or hundreds, and the

justiceships of the towns; a superior court (_Overret_), with nine

judges, at Viborg, and another, with twenty judges, at Copenhagen; and

a Supreme Court (_Höjesteret_), with a chief justice, twelve associate

judges, and eleven special judges, at Copenhagen. Of hundred

magistrates (_herredsfogder_) and town justices (_byfogder_) there

are, in all, 126. Appeal in both civil and criminal cases lies from

them to the superior courts, and thence to the supreme tribunal. There

is, in addition, a Court of Impeachment (_Rigsret_), composed of the

members of the Supreme Court, together with an equal number of (p. 569)

members of the Landsthing elected by that body as judges for a term

of four years. The principal function of this tribunal is the trial of

charges brought against ministers by the king or by the

Folkething.[800]

[Footnote 800: Arts. 68-74. Dodd, Modern

Constitutions, I., 276-277.]

*626. The Administration of Justice Act, 1908.*--In May, 1908, a

long-standing demand of the more progressive jurists was met in part

by the passage of an elaborate Administration of Justice bill, whereby

there was carried further than previously the separation of the

general administrative system of the kingdom from the administration

of justice. Not until the enactment of this measure were the

constitutional guarantees of jury trial, publicity of judicial

proceedings, and the independence of the judiciary put effectively in

force. Curiously enough, the drafting and advocacy of the bill fell

principally to a minister, Alberti, who was on the point of being

proved one of the most deliberate criminals of the generation. The

measure, which comprised 1,015 clauses, introduced no modification in

the existing hierarchy of tribunals, but it readjusted in detail the

functions of the several courts and defined more specifically the

procedure to be employed in the trial of various kinds of cases. One

provision which it contains is that a jury shall consist of twelve

men, that any person who is eligible for election to the Folkething is

eligible for selection as a juryman, and that jury service is

obligatory. On the ground that it fell short of fulfilling the

essential pledges of the constitution, the Radical and Socialist

members of the Rigsdag vigorously opposed the measure.[801]

[Footnote 801: The bill was carried in the

Folkething by a vote of 57 to 42; in the Landsthing

by a vote of 38 to 5.]

*627. Local Government.*--For administrative purposes the kingdom is

divided into 18 Amter, or counties. In each is an Amtmand, or

governor, who is appointed by the crown, and an Amtsrad, or council,

composed of members elected indirectly within the county. The counties

are divided into hundreds, which exist principally for judicial

purposes, and the hundreds are divided into some 1,100 parishes. In

each town is a burgomaster, who is appointed by the crown, and who

governs with or without the assistance of aldermen. Copenhagen,

however, has an administrative system peculiar to itself. Its

burgomaster, elected by the town council, is merely confirmed by the

crown.

CHAPTER XXXI (p. 570)

THE SWEDISH-NORWEGIAN UNION AND THE GOVERNMENT OF NORWAY

I. POLITICAL DEVELOPMENT TO 1814

*628. Sweden in Earlier Modern Times.*--During the centuries which

intervened between the establishment of national independence under

the leadership of Gustavus Vasa in 1523 and the end of the Napoleonic

era, the political system of the kingdom of Sweden oscillated in a

remarkable manner between absolutism and liberalism. The establishment

of a national parliamentary assembly antedated the period of union

with Denmark (1397-1523); for it was in 1359 that King Magnus,

embarrassed by the unmanageableness of the nobility and obliged to

fall back upon the support of the middle classes, summoned

representatives of the towns to appear before the king along with the

nobles and clergy, and thus constituted the first Swedish Riksdag. By

an ordinance of Gustavus Adolphus in 1617, what had been a turbulent

and ill-organized body was transformed into a well-ordered national

assembly of four estates--the nobles, the clergy, the burghers, and

the peasants--each of which met and deliberated regularly apart from

the others. There was likewise a Rigsrad, or senate, which comprised

originally a grand council representative of the semi-feudal landed

aristocracy, but which by the seventeenth century had come to be

essentially a bureaucracy occupying the chief offices of state at the

pleasure of the crown. Under Gustavus Adolphus and his earlier

successors, especially Charles XI. (1660-1697), however, the

government took on the character of at least a semi-absolutism. The

Rigsdag retained the right to be consulted upon important foreign and

legislative questions, but the power of initiative was exercised by

the sovereign alone. The Riksdag of 1680 admitted that the king was

responsible for his acts only to God, and that between him and his

people no intermediary was needed; and in 1682 the same body

recognized as vested in the crown the right freely to interpret and

amend the law.[802]

[Footnote 802: Bain, Scandinavia, Chaps. 8, 11;

Cambridge Modern History, IV. Chaps. 5, 20; Lavisse

et Rambaud, Histoire Générale, III., Chap. 14; IV.;

Chap. 15.]

*629. Weakness of the Monarchy in the Eighteenth Century.*--A new (p. 571)

chapter in Swedish constitutional history was inaugurated by the

calamities incident to the turbulent reign of the Mad King of the

North, Charles XII. (1697-1718), and the Great Northern War, brought

to a culmination by the cession to Russia in the Peace of Nystad,

August 30, 1721, of all the Baltic provinces which Sweden had

possessed. Early in the reign of Frederick I. (1720-1751), chiefly by

laws of 1720-1723, the government was converted into one of the most

limited of monarchies in Europe. The sovereign was reduced, indeed, to

a mere puppet, his principal function being that of presiding over the

deliberations of the Rigsrad. Virtually all power was vested in the

Riksdag. A secret committee representative of the four estates

prepared all measures, controlled foreign relations, and appointed all

ministers, and laws of every kind were enacted by the affirmative vote

of three of the four orders. The constitutional system, while

nominally monarchical, became essentially republican. In operation,

however, it was hopelessly cumbersome, and throughout half a century

the political activities of the kingdom comprised little more than a

wearisome struggle of rival factions.[803]

[Footnote 803: Bain, Scandinavia, Chaps. 12-13;

Cambridge Modern History, V., Chaps. 18-19; Lavisse

et Rambaud, Histoire Générale, VI., Chap. 17.]

Under Gustavus III. (1771-1792), nephew of Frederick the Great of

Prussia, the pendulum swung back again distinctly toward absolutism.

The Riksdag, according to its custom, sought at the opening of the

reign to impose upon the new sovereign a renunciatory coronation oath.

Gustavus, however, raised objection, and the contest became so keen

that the king resolved upon a _coup d'état_ whereby to accomplish a

restoration of the pristine independence and vigor of the royal

office. The plan was laid with care and was executed with complete

success. August 20, 1772, there was forced upon the estates, almost at

the bayonet's point, a constitution which had been contrived

specifically to transform the weak and disjointed quasi-republic into

a compact monarchy. The monarchy was to be limited, it is true, but

the framework of the state was so reconstructed that the balance of

power was certain to incline toward the crown. Without the approval of

the Riksdag no law might be enacted and no tax levied; but the estates

might be summoned and dismissed freely by the king, and in him was

vested exclusively the power of legislative initiative. Under this

instrument the government of Gustavus III., and in even a larger

measure that of Gustavus IV. (1792-1809),[804] was pronouncedly

autocratic.

[Footnote 804: Gustavus IV., being a minor at his

accession, did not assume control of the government

until November 1, 1796.]

*630. Sweden in the Napoleonic Period.*--Sweden is one of the (p. 572)

many European nations which in the course of the Napoleonic period

acquired a new constitutional system, but one of the few in which the

fundamentals of the system at that time established have been

maintained continuously to the present day. Sweden was drawn into the

Napoleonic wars at an early stage of their progress. December 3, 1804,

Gustavus IV. cast in his fortunes on the side of the foes of France,

and although in 1806-1807 Napoleon sought to detach him from the

Allies, all effort in that direction failed. The position of Gustavus,

however, was undermined in his own country by his failure to defend

Finland on the occasion of the Russian invasion of 1808, and March 29,

1809, yielding to popular pressure, and hoping to save the crown for

his son, he abdicated. By the Riksdag the royal title, withheld from

the young Prince Gustavus, was bestowed upon the eldest brother of

Gustavus III., who, under the name of Charles XIII., was proclaimed

June 5. On the same day the Riksdag ratified formally an elaborate

_regerings-formen_, or fundamental law, which, amended from time to

time, has been preserved to the present day as the constitution of the

kingdom.[805]

[Footnote 805: See p. 589. Bain, Scandinavia, Chap.

14; Lavisse et Rambaud, Histoire Générale, VII.,

Chap. 23; VIII., Chap. 23.]

*631. Constitutional Development of Norway to 1814.*--During more than

four centuries, from the Union of Kalmar, in 1397, to the Treaty of

Kiel, January 14, 1814, Norway was continuously subordinated more or

less completely to Denmark. The political history and constitutional

development of the nation, therefore, had little opportunity to move

in normal channels. Prior to the Union the royal power was

considerable, and at times virtually absolute, although an ever

present obstacle to the consolidation of the monarchy was the

independent spirit of the nobility. By the fourteenth century,

however, the old landed aristocracy, decimated by civil war and

impoverished by the loss of the fur trade to Russia, had been so

weakened that it no longer endangered in any degree the royal

supremacy. From the end of the thirteenth century we hear of a

_palliment_, or parliament, which was summoned occasionally at the

pleasure of the king. But at no time had this gathering assumed the

character of an established national legislative body.

From the point of view of political status the history of Norway under

the Union falls into four fairly clearly marked periods. The first,

extending from 1397 to the accession of Christian I. in 1450,

culminated in an unsuccessful attempt on the part of the Norwegians to

throw off the Danish yoke. The second, extending from 1450 to the

recognition of Frederick I. as king in Norway in 1524, was marked (p. 573)

by a still closer union between the two kingdoms. The third, beginning

with the accession of Frederick and closing with the Danish revolution

of 1660, was a period in which, largely in consequence of the

Protestant Revolt, Norway was reduced virtually to the level of a

subjugated province. The fourth, inaugurated by the rehabilitation of

the monarchy in Denmark in 1660, witnessed the raising of Norway from

the status of subjection to the rank of a sovereign, hereditary

kingdom on a footing of approximate equality with Denmark. The period

closed with a widespread revival of the nationalist spirit, one of the

first fruits of which was the obtaining, in 1807, of an administrative

system separate from that of Denmark and, in 1811, of the privilege of

founding at Christiania a national university.[806]

[Footnote 806: Bain, Scandinavia, Chaps. 4, 5, 7,

10, 15; H. H. Boyesen, A History of Norway from the

Earliest Times (2d ed., London, 1900).]

II. THE SWEDISH-NORWEGIAN UNION, 1814-1905

*632. Bernadotte and the Treaty of Kiel.*--As has been pointed out, the

kingdom of Sweden acquired independence of Denmark near the end of the

first quarter of the sixteenth century. The liberation of Norway was

delayed until the era of Napoleon, and when it came it meant, not the

independence which the Norwegians craved, but forced affiliation with

their more numerous and more powerful neighbors on the east. The

succession of events by which the new arrangement was brought about

was engineered principally by Napoleon's ex-marshal Bernadotte. May

28, 1810, Prince Charles Augustus of Augustenburg, whom the Riksdag

had selected as heir to the infirm and childless Charles XIII., died,

and after a notable contest, Bernadotte was agreed upon unanimously by

the four estates (August 21) as the new heir. November 5 the

adventuresome Frenchman received the homage of the estates and was

adopted by the king as crown prince under the name of Charles

John.[807] By reason of the infirmity of the sovereign, Bernadotte

acquired almost at once virtual control of the government. From the

outset he believed it to be impossible for Sweden to recover Finland;

but he believed no less that she might recoup herself, with the assent

of the powers, by the acquisition of the Danish dominion of Norway. In

March and April, 1813, Great Britain and Russia were brought to the

point of giving the desired assent, and by the Treaty of Kiel, January

14, 1814, the king of Denmark, under pressure applied by the (p. 574)

Allies, made the desired surrender.[808]

[Footnote 807: Upon the death of Charles XIII.,

February 5, 1818, the "prince" succeeded to the

throne under the name of Charles XIV. He reigned

until 1844.]

[Footnote 808: C. Schefer, Bernadotte roi (Paris,

1899); L. Pingaud, Bernadotte, Napoléon, et les

Bourbons (Paris, 1901); G. R. Lagerhjelm, Napoleon

och Carl Johan, 1813 (Stockholm, 1891).]

*633. The Movement for Norwegian Independence: the Constitution of

1814.*--In Norway there was small disposition to accept the new

arrangement. Instead there was set up the theory that when the Danish

sovereign renounced his claim to the throne of his northern dominion

the Norwegian state legally reverted forthwith to its former condition

of independence. Upon this assumption 112 representatives of the

nation, of whom 82 were opposed to union with Sweden, met at the

Eidsvold iron-works near Christiania, and drew up a liberal

constitution modelled principally on the French instrument of 1791,

under which was established a national Storthing, or parliament. May

17, furthermore, Prince Christian Frederick, the Danish governor of

the country, was elected king of Norway. From the Swedish point of

view these sovereign acts were absolutely invalid, and upon Norway's

rejection of mediation by the powers Bernadotte invaded the country at

the head of a Swedish army. In a short, sharp campaign the Norwegians

were hopelessly beaten,[809] and the upshot was that Christian

Frederick was forced to abdicate (October 7, 1814), the Storthing was

compelled to give its assent to the union with Sweden (October 20),

the Eidsvold constitution was revised (November 4) to bring it into

accord with the conditions of the union, and the Storthing went

through the formality of electing Charles XIII. king of Norway and of

recognizing Bernadotte as heir to the throne. Fifty of the one hundred

ten articles of the Eidsvold constitution were retained unaltered; the

remainder were revised or omitted. Amended upon a number of subsequent

occasions, this constitution of November 4, 1814, has continued in

operation to the present day as the _Grundlov_, or fundamental law, of

the Norwegian state. No constitution was ever born of a more

interesting contest for national dignity and independence.

[Footnote 809: G. Björlin, Der Krieg in Norwegen,

1814 (Stuttgart, 1895).]

*634. Nature of the Union.*--The union of the two states was of a purely

personal character; that is to say, it was a union solely through the

crown. Each of the kingdoms maintained its own constitution, its own

ministry, its own legislature, its own laws, its own financial system,

its own courts, its own army and navy. The legal basis of the

affiliation was the _Riksakt_, or Act of Union, of August, 1815,--an

ultimate agreement between the two states which in Norway was formally

adopted by the Storthing as a part of the Norwegian fundamental (p. 575)

law, but which in Sweden was regarded as a treaty, and hence was never

incorporated by the Rigsdag within the constitution. In each of the

states the functions and status of the crown were regulated by

constitutional provisions; and the character of the royal power was by

no means the same in the two. In Sweden, for example, the king

possessed independent legislative power and his veto was absolute; in

Norway he possessed no such independent prerogative and his veto was

only suspensive. There was a common ministry of war and another of

foreign affairs; beyond this the functions of a common administration

were vested in a complicated system of joint councils of state.

Matters of common concern lying outside the jurisdiction of the crown

were regulated by concurrent resolutions or laws passed by the Riksdag

and the Storthing independently. But in all matters of internal

legislation and administration the two kingdoms were as separate as if

no legal relations had been established between them. There was not

even a common citizenship.

*635. Causes of Friction.*--From the outset the union was menaced by

perennial friction. Differences between the two kingdoms in respect to

language, manners, and economic concerns were pronounced; differences

of social and political ideas were still more considerable;

differences in governmental theories and institutions were seemingly

irreconcilable. In Sweden the tone of the political system, until far

in the nineteenth century, was distinctly autocratic, and that of the

social system aristocratic; in Norway the principle that preponderated

was rather that of democracy. Between the two states there was

disagreement upon even the fundamental question of the nature of the

union. The Swedish contention was that at the Peace of Kiel Norway was

ceded to Sweden by Denmark and that the mere fact that, following the

unsuccessful attempt of the Norwegians to establish their

independence, Sweden had chosen to grant the affiliated kingdom a

separate statehood and local autonomy did not contravene Norway's

essentially subordinate position within the union. The Norwegians, on

the other hand, maintained that, in the last analysis, they comprised

an independent nation and that their union with Sweden rested solely

upon their own sovereign decision in 1814 to accept Charles XIII. as

king; from which the inference was that Norway should be dealt with as

in every respect co-ordinate with Sweden. The conflicts which sprang

from these differences of conception were frequent and serious. There

was no disguising the fact that the administration of the joint

affairs of the kingdoms was conducted from a point of view that was

essentially Swedish, and the history of the union throughout the (p. 576)

period of its existence is largely a story of the struggle on the part

of the Norwegians, through the medium of the Storthing, to attain in

practice the fully co-ordinate position which they believed to be

rightfully theirs. Again and again amendments to the constitution in

the interest of the royal power were submitted by successive

sovereigns, only to be rejected by the Storthing.

In 1860 the Swedish estates insisted upon a revision of the Act of

Union which should include the establishment of a common parliament

for the two countries, in which, in approximate accordance with

population, there would be twice as many Swedish members as Norwegian.

The Storthing, naturally enough, rejected the proposition. In 1869 the

Storthing fortified its position by adopting a resolution in

accordance with which its sessions, theretofore triennial, were made

annual, and in 1871 the first annual Storthing rejected an elaborate

modification of the Act of Union, to which the Conservative ministry

of Stang had been induced to lend its support, whereby the supremacy

of Sweden would have been recognized explicitly and the bonds of the

union would have been tightened correspondingly. Two years later the

new sovereign, Oscar II. (1872-1907), gave reluctant assent to a

measure by which the office of viceroy in Norway was abolished.

Thereafter the head of the government at Christiania was the president

of the ministry, or premier; and, following a prolonged contest, in

the early eighties there was forced upon the crown the principle of

ministerial responsibility (in Norway).

*636. The Question of the Consular Service.*--The rock upon which the

union foundered eventually, however, was Norway's participation in the

management of diplomatic and consular affairs. The subject was one

which had been left in 1814 without adequate provision, and throughout

the century it gave rise to repeated difficulties. In 1885, and again

in 1891, there was an attempt to solve the problem, but upon each

occasion the only result was a deadlock, the Storthing insisting upon,

and the Swedish authorities denying, Norway's right, as an independent

kingdom, to participate equally with Sweden in the conduct of the

foreign relations of the two states. In 1892 the Storthing resolved

upon the establishment of an independent Norwegian consular service;

but to this the king would not assent. Norwegian trading and maritime

interests had come to be such that, in the opinion of the commercial

and other influential classes of the kingdom, separateness of consular

administration was indispensable, and upon the success of this reform

was made to hinge eventually the perpetuity of the union itself.

Throughout several years the deadlock continued. At the Norwegian

elections of 1894 and 1897 the Liberals were overwhelmingly successful,

and it was made increasingly apparent that the Norwegian people (p. 577)

were veering strongly toward unrestricted national independence. July

28, 1902, a lengthy report was submitted by a Swedish-Norwegian

Consular Commission, constituted upon Swedish initiative earlier in

the year, in which the practicability of two entirely separate

consular systems was asserted, and, March 24, 1903, an official

_communiqué_ announced the conclusion of an agreement between

representatives of the two countries under which there were to be

worked out two essentially identical codes of law for the government

of the two systems. Upon the nature of these codes, however, there

arose serious disagreement, and when, in 1904, the Boström ministry of

Sweden submitted as an absolute condition that any Norwegian consul

might be removed from office by the Swedish foreign minister, the

entire project was brought to naught.

*637. The Norwegian Declaration of Independence: the Separation.*--March

1, 1905, the Norwegian ministry presided over by Hagerup resigned and

was replaced by a ministry made up by Christian Michelsen, which

included representatives of both the Liberal and Conservative parties.

May 23 the Storthing, by unanimous vote, passed a new bill for the

establishment of Norwegian consulships. The king, four days later,

vetoed the measure; whereupon the Michelsen government resigned. The

king refused to accept the resignation; the ministers refused to

reconsider it. June 7 Michelsen and his colleagues placed their

resignation in the hands of the Storthing, and that body, impelled at

last to cut the Gordian knot, adopted by unanimous vote a resolution

to the effect (1) that, the king having admitted his inability to form

a Government, the constitutional powers of the crown had become

inoperative, and (2) that Oscar II. having ceased to act as king of

Norway, the union with Sweden was to be regarded as _ipso facto_

dissolved. By another unanimous vote the ministerial group was

authorized to exercise temporarily the prerogatives hitherto vested in

the sovereign.

On the part of certain elements in Sweden there was a disposition to

resist Norwegian independence, and for a time there was prospect of

war. The mass of the people, however, cared but little for the

maintenance of the union. The prevailing national sentiment was

expressed with aptness by the king himself when he affirmed that "a

union to which both parties do not give their free and willing consent

will be of no real advantage to either." June 20 the Riksdag was

convened in extraordinary session to take under advisement the

situation. Dreading war, this body eventually decided to sanction

negotiations looking toward a separation, provided, however, that the

Norwegian people, either through the agency of a newly elected (p. 578)

Storthing or directly by referendum, should avow explicitly their

desire for independence. During a recess of the Riksdag a Norwegian

plebiscite was taken, August 13, with the result that 368,211 votes

were cast in favor of the separation and but 184 against it. Two weeks

later eight commissioners representing the two states met at Karlstad,

in Sweden, and negotiated a treaty, signed September 23, wherein the

terms of the separation were specifically fixed. This instrument,

approved by the Storthing October 9 and by the reassembled Riksdag

October 16, provided for the establishment of a neutral, unfortified

zone on the common frontier south of the parallel 61° and stipulated

that all differences between the two nations which should prove

impossible of adjustment by direct negotiation should be referred to

the permanent court of arbitration at the Hague, provided such

differences should not involve the independence, integrity, or vital

interests of either nation. October 27 King Oscar formally

relinquished the Norwegian crown.

III. THE NORWEGIAN CONSTITUTION--CROWN AND MINISTRY

*638. The Revised Fundamental Law.*--In Norway there was widespread

sentiment in favor of the establishment of a republic. The continuance

of monarchy was regarded, however, as the course which might be

expected to meet with most general approval throughout Europe, and in

a spirit of conciliation the Storthing tendered to King Oscar an offer

to elect as sovereign a member of the Swedish royal family. The offer

was rejected; whereupon the Storthing selected as a candidate Prince

Charles, second son of the then Crown Prince Frederick of Denmark, the

late King Frederick VIII. November 12 and 13, 1905, the Norwegian

people, by a vote of 259,563 to 69,264, ratified the Storthing's

choice, the advocates of a republic recording some 33,000 votes. The

new sovereign was crowned at Trondhjem June 22, 1906. By assuming the

title of Haakon VII. he purposely emphasized the essential continuity

of the present Norwegian monarchy with that of mediæval times.[810]

[Footnote 810: Haakon VI. reigned 1343-1380,

shortly before the Union of Kalmar. For brief

accounts of the relations of Sweden and Norway

under the union see Bain, Scandinavia, Chap. 17;

Cambridge Modern History, XI., Chap. 24, XII.,

Chap. 11; Lavisse et Rambaud, Histoire Générale,

X., Chap. 18; XI., Chap. 12; XII., Chap. 7. The

best general treatise is A. Aall and G. Nikol, Die

Norwegische-schwedische Union, ihr Bestehen und

ihre Lösung (Breslau, 1912). From the Norwegian

point of view the subject is well treated in F.

Nansen, Norge og Foreningen med Sverige

(Christiania, 1905), in translation, Norway and the

Union with Sweden (London, 1905); from the Swedish,

in K. Nordlung, Den svensk-norska krisen (Upsala

and Stockholm, 1905), in translation. The

Swedish-Norwegian Union Crisis, A History with

Documents (Stockholm, 1905). Worthy of mention are

R. Pillons, L'Union scandinave (Paris, 1899); A.

Mohn, La Suède et la révolution norvégienne (Geneva

and Paris, 1906); and Jordan, La séparation de la

Suède et de la Norvège (Paris, 1906). A useful

survey is P. Woultrin, in _Annales des Sciences

Politiques_, Jan. 15 and March 15, 1906.]

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