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

Countersignature implied responsibility for the King's decisions, but in this case the government could not take that responsibility. It was prescribed in the Const.i.tution -- 31 for all commands issued by the King (except affairs relating to military orders). But this conclusion was not a regular rule for the members of the Cabinet; it was a prescription for the forms to be observed in order to give a command legal validity.

Occasions might therefore occur when it was not only right, but also a duty to refuse countersignature. The Section of the Cabinet Council had appealed to the Justice-Departement for enlightenment on the subject, and they knew that there had been several occasions when the Norwegian side had maintained the same opinions as those now presented.

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

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

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

Kristiania 30:th May 1905.

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

20.

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

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

_Oscar._

21.

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

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

According to Norway's Const.i.tution it is inc.u.mbent on the King to procure a const.i.tutional Government for the country. In the same moment as the Kings policy is an obstacle to the formation of a responsible Council the Norwegian Royal power has become in-operative.

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

Your Majesty has declared that no Government can, at present, be formed.

Your Majesty has found this so clear that Norway's King in these fatal days has remained at the Palace of Stockholm without making an attempt at bringing the country back to const.i.tutional conditions.

The policy manifested in Your Majesty's att.i.tude towards the question of sanctioning the Consular service law is, in our opinion, incompatible with the Norwegian Const.i.tution. But no more than a new Government is able to take upon itself the responsibility of this policy, no more are we able in office to render us partic.i.p.ant of it by remaining in office.

It is therefore our duty to resign our posts and to immediately give the Storthing the necessary communication of it.

This shall now be done. Deep and discordant political divergencies have thus burst the frame of the const.i.tutional Norwegian Monarchy.

Circ.u.mstances have been stranger than the desire of the individual. But the final settlement on the dissolution of the Union, that through Your Majesty's resolution--no doubt pa.s.sed with a heavy heart, but also with full knowledge of its consequences--has now been started, will however, --this is our hope--turn out before long to have been the introduction to better and happier days for the two peoples, whose happiness and welfare have always been dear to Your Majesty's heart.

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

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

Christiania, June 6, 1905.

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

22.

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

To _the Prime Minister_.

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

_Oscar._

To _the President of Storthing_.

Having this morning received from the Government the communication of the Cabinet Minister's resolution to resign their posts and to inform the Storthing of it I want herewith to make known that, in a telegram to M.

Michelsen, Prime minister, I have recorded a most decided protest against their method of action.

_Oscar._

23.

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

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

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

The different members of the Council having resigned office,

His Majesty the King having declared Himself unable to form a new government, and the Const.i.tutional Sovereign having resigned his powers,

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