No. 132.] No. 387. Mr. Andrews to Mr. Fish. LEGATION OF THE UNITED STATES, Stockholm, November 16, 1871. (Received December 8.) SIR: Referring to the No. 88 of September 25, of the Acting Secretary, authorizing the making of a translation of the constitutions of Sweden and Norway, I now have the honor to transmit herewith copies of such translations. That of Sweden embraces the act on the form of government, on representation, or the election and powers of the Diet, on the order of succession to the crown, and on the liberty of the press. With the constitution of Norway is attached the act of union of the two kingdoms. The translations have been made by competent persons. I have myself read and compared them with the original, in Swedish and Norwegian, and believe I can vouch for their correctness. I also transmit a printed copy of each constitution in the original language. Both constitutions contain more ample guarantees of liberty than would perhaps be expected. The King, as a general thing, cannot remove from office without cause. The provisions for impeachment of high officials, the scrutiny of accounts by the legislature, as well as many other features, are striking. I am, &c., C. C. ANDREWS. [Inclosure 1.-Translation.} THE CONSTITUTION OF SWEDEN. I. The form of government, (Sections 1 to 114.) II. Representation or election, and powers of the Diet, (Sections 1 to 82.) IV. On the liberty of the press, (Sections 1 to 5.) THE CONSTITUTION OF SWEDEN. THE LAW ON THE FORM OF GOVERNMENT. Adopted by the estates of the kingdom and sanctioned by the King, June 6, 1809, at Stockholm; with the changes made therein by the King and the estates of the kingdom up to the Diet of 1865-'66, inclusive. We, Charles, by the grace of God King of Sweden, of the Goths and Vandals, &c., &c., &c., heir of Norway, Duke of Schleswig-Holstein, of Stormarie and of Ditmarsen, Count of Oldenburg, aud of Delmanhorst, &c., &c., make known: That having charged, with an unlimited and unreserved confidence, the estates of the kingdom to establish a new law on the form of government, which ought forever to secure the happiness and independence of the common country, we fulfill a duty dear to our heart and desired by us, in promulgating hereby this fundamental law, which, after mature deliberation, has been resolved upon and adopted unanimously by the estates of the kingdom now assembled, and has been delivered to us to-day in the hall of the throne, at the same time that, by a free and unanimous consent, these estates are come to offer us the crown and government of Sweden. In yielding ourselves to their desire with the liveliest emotion, and a profound interest for the destinies of a nation which has given to us this never-to-be-forgotten proof of confidence and devotion, we have conceived a hope the surer in the success of our constant efforts to prepare the future happiness of the country, as, by the new law on the form of government, the reciprocal rights and duties, both for us and for our subjects, have been so clearly determined, that all, in maintaining the character sacred and the liberty of action of the royal power, assure to the Swedish people an equal liberty. Consequently, we do hereby accept, sanction, and confirm this law on the form of government, approved by the estates of the kingdom, such as follows, word for word: We, the undersigned, the estates of the kingdom of Sweden, counts, bishops, barons, orders of the nobility, of the clergy, of the burghers and peasants, now assembled in general Diet, in our name and in that of our absent fellow-citizens, make known that we, deputies of the Swedish nation, being returned in consequence of the change of government, newly established and unanimously approved by us, in the right of providing through ourselves the future amelioration of the condition of the country, by the adoption of a new constitution, are convened and have resolved, in abrogating the different fundamental laws more or less in force up to this day, viz: the law on the form of government of August 21, 1772; the act of union and of security of the 21st of February and of the 3d of April, 1789; the law on representation, of January 24, 1617, as well as all the other acts, laws, regulations, statutes, and decrees of the same nature, which have been comprised under the name of fundamental laws; of establishing for the kingdom of Sweden, and the subordinate countries, the following law on the form of government, which, to commence from this day, shall be in force as the principal fundamental law of the kingdom; reserving to us equally the right to establish the other fundamental laws enumerated in section 85 of the present law on the form of government, before the closing of this Diet, and in the manner prescribed in the said section. SECTION 1. The kingdom of Sweden shall be governed by a King; and shall be a hereditary kingdom, according to the order of succession established by the law on the succession to the throne. SECTION 2. The King must always profess the pure evangelical doctrine, such as is established and explained by the unalterable Confession of Augsburg, and the decree of the synod of Upsala, of the year 1593. ARTICLE 3. The King's Majesty shall be sacred and respected; his actions shall be subjected to no censure. SECTION 4. The King has the right alone to govern the kingdom, in the manner prescribed by the present law on the form of government; he shall have, nevertheless, in cases indicated herein, recourse to the assistance, and shall take the advice, of a council of state. To act in this council, the King shall choose and appoint men, enlightened, experienced, upright, and generally esteemed, Swedes by birth, and professing the pure evangelical doctrine. SECTION 5. The council of state shall be composed of ten members, who shall assist at the discussion of all affairs therein treated; a father and son, or two brothers, cannot be, at the same time, members of the council of state. SECTION 6. Seven members of the council of state shall be chiefs of departments, viz: The minister of state and of justice, for the department of justice; the minister of state and of foreign affairs, for the department of foreign affairs; a chief and councilor of state, reporter for the department of war, who shall be, at the same time, councilor of the King, for the affairs of military command concerning the army; one for the department of marine, who shall be, at the same time, councilor of the King for the affairs of military command relating to the fleet; one for the civil (interior) department; one for the department of finance; one for the department of the church and of public instruction. The distribution of affairs between the departments shall be fixed by the King in a special regulation. Of the three councilors of state, without portfolios, two at least must have filled civil offices. SECTION 7. All affairs relative to the government, with the exception of those mentioned in sections 11 and 15, must be reported before the King in the council of state, and there be decided. SECTION 8. In affairs which must be considered in the council of state, the King can take his decision only in the presence of at least three councilors of state, beside an official reporter. All the members of the council of state, when not legally prevented, must be present in affairs of importance and of real weight, which, next to the orders of the day which shall be sent to them in advance, are treated in the council of state, and report themselves to the general administration of the kingdom. Such are questions and projects relative to the establishment of new general ordinances; on the abrogation or the modification of those already in force; on the introduction of a new organization in the various branches of the administration, and others of the same nature. SECTION 9. A protocol shall be formed of all affairs carried before the King in council of state. The members of the council, for the time being, must absolutely express and declare their opinion, to be inserted in the protocol, and they are responsible for their counsels, as it is further stated in sections 106, 107; nevertheless, it is reserved to the King alone to decide. If ever, contrary to all expectation, it should happen that the decision of the King should be evidently contrary to the fundamental law of the kingdom, or to the code in force, the members of the council of state are required to make vigorous remonstrances against the decision. The one who shall not have consigned to the protocol an opposite opinion is as responsible for the decision as if he had counseled the King to take it. SECTION 10. Before affairs are carried to the King, in the council of state, the 1 reporter must prepare them, demanding of competent authorities the necessary assist ance. SECTION 11. The King shall prepare and direct, as he shall judge most convenient, ministerial affairs, by which is understood those which concern the relations of the kingdom with foreign powers. It belongs to the minister of state and of foreign affairs to make a report of them to the King, in the presence of another member of the council of state. If the minister of state is absent, the report shall be presented by that one of the members of the council whom the King shall call in this case. When the King shall have heard the counsels of these functionaries, for which they are responsible, and which shall be inserted in the protocol, he shall render his decision in their presence; the protocol to be formed before, by the one to whom it shall have been specially committed. Of these, what the King shall judge useful, shall be communicated to the council of state, so that the council may also have some knowledge of this branch of the administration. SECTION 12. The King has the right to conclude treaties and alliances with foreign powers, after having, conformably to the preceding section, heard upon these affairs the minister of state and of foreign affairs, and another member of the council of state, whom the King shall name on this occasion. SECTION 13. If the King wishes to declare war or make peace, he shall assemble, in extra council of state, all the members of the council, make known to them the reasons and circumstances which ought to be taken into consideration on this occasion, and demand their advice, which they shall each give separately, to be consigned to the protocol, under the responsibility determined in section 107. That done, the King shall have the power to form and execute the decision which he shall judge most useful to the kingdom. SECTION 14. The King has the command-in-chief of the forces of the kingdom by land and sea. SECTION 15. The affairs of military command, by which are understood those that the King immediately directs in the quality of commander-in-chief of the land and naval forces, when the King himself governs the kingdom, shall be decided by him in the presence of the one of the chiefs of the military departments in the department to which the affair belongs. At the time of the preparation of these affairs, it is the duty of this one to express his opinion on the enterprises of the King, and, if it does not agree with the decision of the King, to commit his objections and his counsels to a protocol, of which the King shall certify the exactitude by placing thereto his high signature. If the said official finds that these enterprises are of a dangerous tendency, or that they are based on uncertain or insufficient means of execution, he shall recommend further to the King to reassemble for this purpose a council of war, composed of two or more superior officers at the time being; the King, nevertheless, unrestrained by this recommendation, and when it is accepted by the opinion of the council of war committed to the protocol, will make that regard which seems good to him. SECTION 16. The King must maintain and favor justice and truth, prevent and defend against violence and injustice, neither wrong nor permit wrong to any one in his life, honor, personal liberty or interests, who is not legally convicted and condemned. The King shall not interpose between the individual and the court of justice. SECTION 17. The royal prerogative of high jurisdiction shall be confided to men versed in jurisprudence, named by the King, the number of whom shall not be less than twelve nor more than eighteen; these must have given proofs of knowledge, experience, and probity in the exercise of these offices. They shall bear the titles of councilors of justice, and shall constitute the supreme tribunal of the King. Their number must not exceed twelve, unless the King and Diet decide in the law prescribed in section 87, paragraph 1, that the supreme tribunal ought to be divided into sections; in this case the uumber of councilors of justice, in the limits fixed above, as well as the distribution of affairs between the sections, shall be regulated in the same manner. SECTION 18. It belongs, also, to this supreme tribunal to pronounce, in the name of the King, on the demand made by a party, who has let pass the time of appeal from a judgment, or on the exercise in justice, of a right that the law confers upon him, in order to be relieved from the forfeiture of delay. SECTION. 19. If tribunals and officials address to the King a demand in explanation of the true meaning of the law, in cases which are in the province of the judges, it shall belong equally to the supreme tribunal to give the explanation thus demanded. SECTION 20. Affairs which, after having been judged by military tribunals, are submitted to the examination of the King, shall be, in time of peace, carried before the supreme tribunal, and decided by it. Two military officers of superior rank, chosen by the King and appointed for this purpose, and who shall be unexceptionable and responsible like the other judges, and shall enjoy no special favor, must take part in the deliberations on these affairs in the supreme tribunal as well as at the judgment; but the number of judges cannot exceed eight. In time of war, such cases shall be proceeded with according to the articles of war. SECTION 21. The King has two voices in affairs, to the relation and decision of which he deems it proper to assist in the supreme tribunal. Every question on the interpretation of the law shall be reported to the King, and his voices shall be counted, even while he shall have taken no part in the deliberations of the supreme tribunal. SECTION 22. In the supreme tribunal, affairs of the least importance must be examined and decided by five members, and even by four, if the four agree on the decision. In affairs of greater importance, the number of seven members, at least, is necessary in order that a judgment can be rendered. More than eight members at a time can never take part in the examination of a suit. SECTION 23. All the decisions of the supreme tribunal shall be rendered in the name of the King, and provided with his high signature, or with his seal. SECTION 24. Judicial affairs shall be prepared in the King's "inferior justice revision” for report to, and decision of, the supreme tribunal. SECTION 25. The King has the right, in criminal cases, to pardon, to commute the sentence of death, and to restore honor as well as goods confiscated. Nevertheless, the supreme tribunal shall be heard on such matters, and the King shall take its decision in council of state. It shall be optional afterward with the guilty party to accept the pardon granted by the King, or submit to the punishment to which he shall have been condemned. SECTION 26. When judicial affairs are reported in the council of state, there shall be present, besides the minister of state, two members of the supreme tribunal, who shall be obliged to commit their opinion to the protocol, as prescribed in section 9. SECTION 27. The King shall chose for his attorney general a man versed in jurisprudence, capable and impartial, and who shall have been employed in judicial duties. In his capacity of attorney general of the King, it belongs to him, principally, to exercise, either himself, or by the intermediate fiscal attorneys subordinate to him, or the public ministry, in cases which concern the public safety and the rights of the state, as well as of exercising, in the name of the King, watchfulness over the administration of justice, and in this capacity, of prosecuting judges and officials for offenses committed by them. SECTION 28. The King has the right to name and constitute in the council of state men born Swedes to all the offices and employments, inferior and superior, in the kingdom, when they are of the list of those for whom commissions have been signed by the King; nevertheless, those to whom it belongs, according to the custom observed up to this time, of proposing candidates, ought before to have transmitted to the King a list of presentation. The King can, notwithstanding, after having heard competent authorities on their proposition, call and name foreigners of distinguished merit, and professing the pure evangelical doctrine, to the employments of professors of universities-the employment of minister of theology excepted-to the chair of professor, and to other employments of all the other institutions for sciences, trades, or fine arts, as well as the profession of medicine. The King can, at the same time, employ foreigners of rare talents in military offices, those of commandants of fortresses excepted. In all nominations, the King shall have regard only to the merit and talents of candidates and not to their birth. There shall be named to the civil offices in the kingdom, as to those of judges, only persons professing the pure evangelical faith; nevertheless, shall be excepted the offices of professor and others in the institutions for the trades and fine arts, and those of medicine, to which even persons who do not profess the pure evangelical faith can be named. The chief of each department must report and expedite everything which concerns nominations, vacancies, and dismissions for the offices in the administrations which belong to his department. 2. By naturalization, the King has the right of granting the privileges of naturalization to foreigners, in the order and with the conditions which are prescribed by a special law established in the manner stipulated in section 87, paragraph 1. The foreigners thus naturalized shall enjoy the same rights and privileges as if he was born a Swede, although he cannot be named member of the council of state. SECTION 29. The archbishop and bishops shall be elected in the manner practiced up to this time, and the King shall name for these places one of the three candidates proposed. SECTION 30. The King shall name the royal curates, according to the custom observed up to the present time. As to the said consistorial curates, the parishes shall be sustained in their right of election. SECTION 31. In the cities, the inhabitants called to take part at the election of members to the Diet shall have the right to propose for the places of burgomaster three competent men, of whom the King shall choose one. The proceedings shall be the same for the places of councilors and secretary of the magistrate, in the city of Stockholm. SECTION 32. Envoys near foreign powers, as well as the personnel of the legations, shall be appointed by the King in the presence of the minister of state and of foreign affairs, and another member of the council of state, whom the King shall designate. SECTION 33. When employments, for which candidates have been proposed, must be filled by the king, the members of the council of state shall express their opinion on the talents and merit of the aspirants. They have, at the same time, the right to make humble representations against the nominations of the King to other services and offices. SECTION 34. The ministers of state are clothed with the highest dignity of the kingdom; the councilors of state rank next. The ministers of state or the councilors of state cannot, at the same time, perform other duties, nor draw emoluments from them. The councilors of justice cannot, at the same time, be invested with other duties nor exercise them. SECTION 35. The members of the council of state, the presidents and chiefs of colleges, or other administrations established in their place, the attorney general of the King, the chiefs of the administration of customs and of posts, the secretaries-in-chief to the departments of state, the grand governor, and the master of the police of the capital, the governors of the provinces, field marshals, generals and admirals of every rank, general aids-de-camp, first aids-de-camp, aids-de-camp of the staffs of armies, commandants of fortresses, colonels of regiments, second chiefs of regiments of horse and foot guards and corps for the escort of the King, as well as the chiefs of all other corps and military battalions, having each a separate organization, the chiefs of artillery, fortifications, engineering, and hydrography, ministers, envoys, and commercial agents near foreign powers, as well as the officials of the minister of foreign affairs and the personnel of the legations, have posts of confidence, of which the King can deprive them when he judges it useful for the service of the state. The King shall, nevertheless, communicate these resolutions to the council of state, whose members are allowed to make humble representations on this subject, if they believe they have sufficient reasons for so doing. SECTION 36. Those who occupy judicial offices, as well superior as inferior, also all other officials and employés not mentioned in the preceding section, cannot, except by means of scrutiny and judgment, be removed by the King or promised other offices, unless on their own demand. SECTION 37. The King has the right to confer nobility on persons who, by their fidelity, conrage, virtue, learning, and zealous services, shall have particularly merited favor from the King and kingdom. The King can also, in reward for great and eminent services, raise the nobles to the rank of baron and barons to that of count. The nobility and the titles of baron and count, granted henceforth, can descend only to that one who shall have been a noble, or shall have received the title, and after his death, in direct descent to the eldest of his male descendants of the eldest branch, and at the extinction of this branch, to the male descendant of the following eldest branch, the nearest to the head of the family, and so on. If by inheritance, nobility passes to some one who is himself already a noble, or who has become so by another more immediate inheritance, his nobility shall cease with him, unless it is not of superior rank, in which case the nobility of the head of the family shall pass to the nearest branch; if that no longer exists, the line shall be extinct. If any one has been deprived of his nobility, it shall pass to the one who, according to the principles herein established, is the next successor. The regulating of the order of nobility which the King and the nobility decide upon together, prescribe the manner of the assembling of the nobility, to decide upon its common affairs. SECTION 38. All acts and orders emanating from the King, excepting those relative to affairs of millitary command, must, to be valid, be provided with the signature of the King, and countersigned by a competent reporter, who shall be responsible for their conformity to the protocol. The chiefs of departments send to whom they belong all instructions and observations relative to the execution of resolutions taken. If the reporter finds any resolution of the King contrary to the law on the form of government, he shall make representations on this subject in the council of state. If the King, notwithstanding, insists that this resolution shall be taken, the reporter shall have the right and duty of refusing the countersign, and he must, in consequence, give up his office, which he cannot take again before the Diet have examined and approved of his conduct. Meanwhile he shall be sustained in the enjoyment of his salary, and other revenues attached to the office. SECTION 39. If the king wishes to undertake a journey outside of Sweden and Norway, be must communicate his design to the council of state in pleno, and take its advice on this subject, as stated in section 9. If, afterward, the King decides upon this journey, and puts it into execution, he cannot occupy himself with the government of the kingdom, neither exercise the royal power so long as he remains outside the kingdoms. During the absence of the King, the affairs of state shall be governed, in his name, by the prince, heir-presumptive to the throne, if he has attained the age prescribed in section 41. He shall govern in the quality of regent, with all the power and all the royal authority, according to the present law on the form of government; nevertheless, he cannot grant letters of nobility, neither titles of count or baron, nor confer decorations; at the same time, all vacant posts of trust can be filled only provisionally by |