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SECTION 96. Every one shall be judged according to the law, and they shall be punished by law after sentence has been passed.

Examination by torture shall not take place.

SECTION 97. No ex post facto law shall be passed.

SECTION 98. Taxes to the treasury shall not be paid at the same time as fees to the court officers.

SECTION 99. No person can be arrested except in such case and manner as is pre scribed by the laws. Those who order an unauthorized arrest, or are guilty of illegal delay, shall be responsible to the arrested.

The government shall have no power to use military force against the citizens, except in accordance with the provisions of the laws, unless any assembly should disturb the public security, and refuse to disperse immediately on the riot act having beer audibly read to them three times.

SECTION 100. There shall be liberty of the press. No person shall be punished for any writing, whatever its contents may be, which he may have caused to be printe or published, unless he have willfully and evidently broken the laws, or advised other to do so, or disregarded religion, decency, or the constitutional powers, resisted the? orders, or been guilty of calumniation or defamation.

Freedom of speech shall be granted to all, with respect to the government and other matters.

SECTION 101. New and permanent restrictions connected with free trade shall not be granted to any one in future.

SECTION 102. Domiciliary searches shall not be allowed, except in criminal cases, SECTION 103. Places of refuge shall not be granted in future to bankrupts. SECTION 104. Real and personal property shall in no case be confiscated. SECTION 105. If it be necessary for the welfare of the state that any one shall give up his real and personal property to the public, he shall have full compensation fro the treasury.

SECTION 106. Purchase money, and revenues of properties bequeathed to the clergy shall be exclusively employed for the benefit of the clergy and the promotion of public education. The funds of charitable institutions shall solely be employed for their

benefit.

SECTION 107. The allodial privileges shall not be abolished. The first or the second Storthing shall fix the conditions of such privileges as shall remain in force and be of i the greatest benefit to the country and the inhabitants of the rural districts.

SECTION 108. Neither counts' or barons' estates, nor any other entailed family estate shall be founded in future.

SECTION 109. All citizens shall generally be bound to defend their native country fo:! a certain time, without regard to birth or fortune. The first assembled ordinary Stori thing shall decide on the right application of this rule, and affix the restrictions to a which it shall be subjected, due information having been previously received by a committee. It shall also decide whether it be serviceable to the country that the daty of bearing arms shall cease when a citizen has attained the age of 25 years. Meanwhile the prescriptions now in force shall remain valid.

SECTION 110, Norway shall keep its own bank, its current-money, and coinage sy tem. These institutions shall be fixed by a law.

SECTION 111. Norway shall have the right to use its own flag for merchant vessels. The naval flag shall be a union flag.

SECTION 112. If experience should prove the necessity of an alteration in any par of the constitution of the kingdom of Norway, the proposal shall be made at the first ordinary Storthing after a new election and be printed and published. But the que tion of carrying the proposed amendment shall be decided by one of the ordinary Stor things after a new election. Such an amendment, however, must never contradict the principles of this constitution, but only modify some of its points in such way that the Character of the constitution be tot e used. The fits pietats shall be carmed by two-thirds of the members of the Storthing.

Christiania, at the extraordinary meeting of the Storthing, on the fourth day of November, in the year of our Lord one thousand eight hundred and fourteen. [75 N natures.]

ACT OF UNION,

Established between the Storthing of the kingdom of Norway, and the Diet of the kingdom of Sweden, determining the constitutional relations between the two king

doms.

We, Charles, by the grace of God, King of Sweden and Norway, the Goths and the Vandals, &c., &c., Duke of Schleswig-Holstein, the Stormarn and the Dithmark. Count of Oldenburg and Delmenhorst, &c., &c., make known:

Whereas, the Storthing of the kingdom of Norway, and the Diet of the kingdom f

Sweden, in accordance with our gracious proposals, have agreed on and resolved, in order to determine the constitutional relations between Norway and Sweden, to make a special act of union, as here exactly and literally follows:

We, the undersigned, representatives of the kingdom of Norway, assembled in Christiania at an extraordinary meeting of the Storthing, and we, the Diet of the Kingdom of Sweden, counts, barons, bishops, knights and nobles, clergy, citizens, and common people, now assembled here in Stockholm, at an extraordinary meeting of the Diet, make known:

Whereas, by the help of God, a union has been successfully established between the people of Scandinavia, and as it shall be maintained by mutual recognition of the legal rights of the people for the protection of the two thrones, and also, as it was established by voluntary conviction and not by arms, and whereas we, the undersigned states of the kingdom of Sweden, (on occasion of His Royal Majesty's gracious proposal of 12th April last concerning the new constitutional relations established between Norway and Sweden,) have recognized and unanimously confirmed all points in the constitution of the kingdom of Norway of the 4th November, 1814, regarding these constitutional relations, which, while we reserve our constitutional rights in those points, will involve alteration or modification in the constitution of the kingdom of Sweden, have, on the 10th November, been accepted and sworn to by our most gracious Lord and King; we, the lawful representatives of the inhabitants of Norway and Sweden, can find no worthier or more solemn way of ratifying and permanently establishing the union formed between Norway and Sweden under one King, (but with different governments and laws,) than by consenting thereto, and constituting the said condition into a special act of union, such as is hereby literally subjoined and follows: SECTION 1. The kingdom of Norway shall be a free, independent, indivisible, and inalienable country, united with Sweden under one King. Its form of government shall be monarchical, limited, and hereditary.

SECTION 2. The order of succession to the throne shall be descending and agnatic, such as is provided by the order of succession of the 26th day of September, 1810, passed by the Diet of the kingdom of Sweden and sanctioned by the King.

Among those entitled to succession are also counted those who may be born after their father's death, and who will immediately assume their place in the hereditary line.

When a prince entitled to succeed to the united crowns of Norway and Sweden is born, his name and the time of his birth shall be announced to the next Storthing and be registered on its records.

SECTION 3. If no prince entitled to succession exist, and an election of a successor must be held in both countries, the Storthing in Norway and the Diet in Sweden shall be convoked on the self-same day.

The King, or (if such election occur during the vacancy of the throne) the legal government ad interim of both countries, shall, on the same day and in both places, make proposal concerning the succession. This must take place within eighteen days subsequent to that on which the Storthing in Norway and the Diet in Sweden were lawfully opened.

The members of the Norwegian Storthing and the Swedish Diet shall have power to propose a successor. If any intend to do so, his proposal must be made within the prescribed time.

The Storthing of Norway and the Diet of the kingdom of Sweden shall thereupon fix separately the day of election; but the election of the successor shall of necessity take place no later than on the twelfth day after that prescribed for the proposal.

On the day previous to that fixed for the election by the Storthing of Norway and the Diet of the kingdom of Sweden, the Storthing of Norway and the Diet of the kingdom of Sweden shall choose (from among their own members) a committee, who (in event of the choice falling on different persons) shall be charged to meet on behalf of the representatives of both countries, to decide by vote the choice of one person. The Storthing of Norway and the Diet of the kingdom of Sweden, on the day fixed for the election, in accordance with the rules prescribed in the constitutions of both countries, shall each select one from the proposed candidates.

When the choice of both countries falls upon the same person, he shall be lawfully elected successor to the throne. If, on the contrary, each country should have elected a different person, the question shall be decided by the votes of the combined committees of both countries.

This committee shall consist of thirty-six persons for each country and eight deputies, elected in the way specially prescribed by the Storthing of Norway and the Diet of the kingdom of Sweden. The deputies shall enter upon service in stated order, but only in event of any of the regular members being absent at the election.

Carlstad shall be the place where the committees of both countries shall meet. Before each committee leaves the place where the Storthing in Norway and the Diet in Sweden are assembled, they shall elect a chairman from among themselves.

The King, or, in case of his death, the legal government ad interim of both countries

shall, within the shortest possible time, (after having been informed of the choice both countries, and duly considering the distances between the places where the St thing in Norway and the Diet in Sweden are held from the place of meeting,) fix t day on which the committees of both countries shall meet at Carlstad. This shall r be later than twenty-one days after that day prescribed above and named as the lat election period for the Storthing of Norway and the Diet of the kingdom of Sweden The chairmen of the committees of both countries shall, immediately on their arriv order them to assemble in the forenoon of the day next to that appointed for the ar val of the committees at the place of meeting.

When they are assembled, the chairman of each committee shall first read his ov and his colleagues' full powers, whereupon both chairmen shall draw lots for the pre dency at the election.

The combined committee for both countries, thus united under one president, (w also has a vote,) shall then, immediately, without any debate commence the voting. The committee shall not separate, neither shall any member leave the room whe they are assembled until the election be completed.

As each vote is given the chairman of the committee of either country shall read a exchange the document which contains the choice made by his committee. The pr posal of voting shall then be recorded, and the names of both candidates be register according to the following scheme:

"The deputies of the Storthing of Norway and the Diet of the kingdom of Swede shall vote together, in order to elect a successor to the united thrones of Norway an Sweden. The Storthing of Norway has proposed N. N., and the Diet of the kingdo of Sweden has proposed N. N.

"If the majority of votes are in favor of N. N. he shall be lawfully elected to succes the King (be King) on the united thrones of Norway and Sweden.

"Before summoning the votes, all the provisions relating to the manner of votin shall be distinctly and audibly read.

"The summons shall be given as follows: When the chairman of the combined com mittees is a Norwegian, the Swedish deputies shall be summoned first to vote; afte that the Norwegians, and vice versa when the chairman is a Swede. The voting shal be made by slips of paper, exactly corresponding in size and appearance, on which th name of each candidate shall be printed in characters of equal size. The chairman who does not preside at the election shall sign the slips of paper before they be deliv ered to the deputies. These slips of paper, in order to be valid, shall be single, withou any marks, and shall be shut up and folded together. A majority of one shall decide a election.

"Before counting the slips the chairman shall draw out one, seal it, and lay it aside "If on opening the slips, after the above summons, there should be found any which are not valid, according to the rules before mentioned, they shall be destroyed imme diately.

"If the result prove to be an equality of votes, the sealed slip shall be opened and shall decide the election, provided it possesses the necessary qualifications.

"If it be not admissible, the whole proceeding shall be considered null and void, and a new voting shall take place immediately.

"If there be a majority without adopting this measure, the slip which was put aside shall be destroyed without being opened.

"The votes shall be recorded by the deputies themselves, in the Norwegian language if the chairman be a Norwegian, and in the Swedish language if he be a Swede. This record shall, immediately after the close of the poll, be loudly read and acknowledged whereupon, two similar copies shall be made, be signed by the whole election commit tee before they separate, and sealed in their presence.

"They shall forthwith be dispatched, on the same day, by the chairmen of the committees of each country, one to the Storthing of Norway, directed to its president, and the other to the Diet of the kingdom of Sweden, directed to the president of the nobil ity and to the other presidents.

"These records shall be signed in this manner: The copy which is sent to Norway shall be signed first by the Norwegian and then by the Swedish deputies; and the copy which is forwarded to the Diet of Sweden shall be first signed by the Swedish and then by the Norwegian deputies.

"On the arrival of this election act at both places, it shall directly, or at latest on the following day, be reported to the Storthing in Norway, and to the Diet in Sweden. And the Storthing of Norway and the Diet of the kingdom of Sweden shall immedi ately take care that this resolution of the representatives of both countries be communicated to his royal highness; or, if he be dead, to the lawful government ad inte rim."

SECTION 4. The King shall have power to gather troops, commence war, and con clude peace, to enter into and dissolve alliances, and to send and receive embassadors. When the King proposes to declare war, he shall communicate with the government in Norway, who will pronounce its views on the subject, and also furnish a complete

report of the financial state of the country, its means of defense, and other matters. When this has been done, the King shall form an extraordinary council of state, consisting of the Norwegian minister of state and the Norwegian councilors of state, together with those of Sweden, and he shall then lay before them the grounds and circumstances of the case.

The report of the government of Norway on the state of that country, together with a similar one of Sweden, shall then be produced. The King shall require their opinion on these subjects, which shall be put down separately on the records by each of them, under the responsibilty provided by the constitution. The King shall then have power to hold and execute the decision which he may think most profitable to the country.

SECTION 5. The Norwegian minister of state and the two Norwegian councillors of state who attend the King, shall have seats and deliberative votes in the Swedish council, when subjects concerning both countries are there discussed.

The opinion of the government in Norway ought also to be asked in such matters, unless they need to be decided on so quickly that there is no time for it. So often as matters concerning both countries are discussed in the King's presence, at the Norwegian council of state, wheresoever assembled, three members of the Swedish council of state shall have their seats and vote there.

SECTION 6. When the King dies and the successor to the throne is not yet of age, the Norwegian and Swedish councils of state shall be immediately convened, in order to call together the Storthing in Norway, and the Diet in Sweden.

SECTION 7. Until the representatives of both countries be assembled, and until they have arranged the government during the minority of the King, a council of state, composed of an equal number of Norwegian and Swedish members, shall take charge of the administration of both countries, duly observing their respective constitutions, and under the name of the government ad interim of Norway and Sweden. This united council of state shall consist of ten members from each country, viz: From Norway, the Norwegian minister of state and the two councilors of state who reside in Stockholm, together with seven real or specially appointed councilors, (who, in the event of a vacancy to the throne, or during the King's minority, shall be elected by the government in Norway, from among their own members,) in whose place at least three councilors shall be appointed, ad interim; and from Sweden, the two ministers and eight councilors of state.

Both the Norwegian and Swedish cases shall be prepared and examined according to the prescribed law of both countries.

The Norwegian cases which transpire during the government ad interim shall be reported, registered, and dispatched in the Norwegian language by the Norwegian minister of state, and the Swedish cases shall be reported, registered, and dispatched in the Swedish language by the official to whose department they belong.

Cases which concern both countries, and which from their nature do not belong to any special department, shall be reported by the minister of state for foreign affairs, and be dispatched to each country in their own language, to Norway by its minister of state, and to Sweden by the official above mentioned.

Diplomatic matters shall also be reported by the minister of state for foreign affairs, and registered on special records.

The cases shall be decided by a majority, and if the votes be equal the decision rests with the chairman.

All the resolutions that are passed shall be signed by all the members.

The combined council of state (the government ad interim) shall meet at Stockholm. At the first meeting of both councils of state the Norwegian and the Swedish state ministers shall draw lots who shall first be chairman. This order being established, the chairman shall be changed every eight days, so that each minister of state shall be chairman in succession for one week only.

In all cases when, in accordance with the constitutions of Norway and Sweden, the countries shall be governed by the council of state, the councils of state of both countries shall meet in equal number, and in the way above mentioned.

SECTION 8. The choice of the guardians, who shall govern on behalf of the King during his minority, shall be made according to the same rules and in the same manner as has already been provided in section 3 regarding the election of a successor to the throne.

SECTION 9. The Norwegians who, in the cases above mentioned, shall be invested with government, shall take the following oath before the Norwegian Storthing: "I do promise and swear to govern in accordance with the constitution and the laws, so help me God and his holy word."

The Swedes shall take the oath before the Diet of the kingdom of Sweden.

If the Storthing or the Diet be not assembled at that time, the written oath shall be deposited with the council of state, and repeated at the next Storthing or Diet.

SECTION 10. The direction of the King's education, during his minority, shall be fixed in the way mentioned in section 8.

It shall be an unalterable rule that the King shall be sufficiently instructed in t Norwegian language during his minority.

SECTION 11. If the royal male line has become extinct, and no successor to t throne has been elected, a new royal lineage shall be chosen in the way mentioned section 3.

SECTION 12. As the provisions contained in this act of union are partly copied fro the constitution of the kingdom of Norway and partly additions to it, founded on th authority given by the constitution to the now assembled Storthing, they shall, a concerns Norway, be established and continue as valid as the constitution of this king dom, and they shall not be altered except in the way prescribed in section 112.

For further security, having decreed and resolved all the foregoing, we, the Stor thing of the kingdom of Norway, and we, the Diet of the kingdom of Sweden, hav established and confirmed this act of union with our signatures and our seals, which was made in Christiania, on Monday, the thirty-first day of July, and in Stockholm o the sixth day of the month of August, in the year of our Lord one thousand eigh hundred and fifteen.

[557 signatures.]

We are pleased hereby to accept, confirm, and establish the said act of union, with all its articles, points, and clauses.

We also graciously command and ordain, that all who are bound to us, our succes sors, and the kingdom by oaths of allegiance, do acknowledge, observe, and obey this act of union. For further security we have signed and confirmed these presents with our own hand, and have caused our royal seal to be affixed thereto, which was done at our residence, the city of Stockholm, on the sixth day of the month of August, in the year of our Lord one thousand eight hundred and fifteen.

CHARLES.

No. 36.]

SWITZERLAND.

No. 388.

Mr. Rublee to Mr. Fish.

LEGATION OF THE UNITED STATES,

Berne, February 1, 1871. (Received February 18.) SIR: The French army of the East, or what remains of it, its retreat being cut, and finding itself destitute of supplies, crossed the Swiss froutier, in the neighborhood of Pontarlier, this morning, and laid down its arms. General Bourbaki, its late commander, is reported to be dying from a wound inflicted by his own hand some days since, designed to terminate his life. The Swiss general-in-chief, Herzog, reports the number of the French prisoners thus suddenly thrown upon Switzerland at eighty thousand, or, perhaps, rather more. The federal council are making arrangements for their internment. They are to be apportioned to the different cantons, the quota of the canton of Berne being twenty thousand five hundred. The war has already imposed burdens that are serious to be borne by so small a country as Switzerland, and this event will, for the present, materially add to their weight. They are, however, cheerfully met by a brave, patriotic, and intelligent people, who shrink from no sacrifice that is essential for the preservation of their independence.

The Swiss army now occupying the northwestern frontier, along the line of the Jura, numbers about thirty thousand men.

The news of the armistice recently arranged between the members of the government of the national defense at Paris and the Emperor of Germany, notwithstanding the deep sympathy which is felt for France at

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