I have the honor herewith to enclose a copy, printed in the French
language, of the new constitution for the government of Denmark. Not
deeming it necessary to furnish a full and detailed translation, I have
prepared, and herewith enclose, a synopsis of its leading and most
important provisions.
I am informed by the minister for foreign affairs that the matter of
Schleswig remains uncertain; and he thinks, apparently with much reason,
that the demand now made by the Emperor of the French touching the Rhine
provinces will have an unfavorable influence upon the disposition of
Prussia to accept the proffered solution of the duchy question. He
thinks the demand of the Emperor will not result in war between France
and Prussia, but that it will greatly facilitate the aims of Prussia in
consolidating Germany, by reason of the unwillingness existing among the
people of all the states to yield to France any part of German territory
and population.
Synopsis of the new constitution of Denmark,
adopted and carried into effect July 28, 1866.
The form of government is a limited monarchy, and the crown is
hereditary. The legislative power is exercised jointly by the King
and the Rigsraad. The Rigsraad is composed of two chambers—the
Folkething and the Landsthing.
The Lutheran is the national church, and sustained by the state, and
the King must be of that communion. The King and princes of the
royal family attain majority at eighteen.
The King is sworn to support the constitution, and provision shall be
made by law for the administration in case of his minority, absence,
or sickness. On failure of succession the Rigsraad shall elect a
King and fix the order of succession to the throne.
The King exercises authority through his ministers. He is not
responsible, and his person is sacred.; His ministers are
responsible for the administration, the responsibility to be
regulated by law. He appoints and dismisses his ministers, and fixes
the distribution of affairs among them.
The signature of the King and of one minister is necessary to the
validity of a public law or resolution. Each minister is responsible
for what he signs. Affairs of state are. discussed in a council of
state composed of ministers.
The King declares war and makes peace, and concludes and dissolves
alliances and
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treaties of
commerce; but cannot, without the consent of the Rigsraad, cede any
portion of the territory, nor contract any engagement that will
change the existing public law. He may dissolve the Rigsraad
entirely, or either of the two chambers. He may present to the
Rigsraad projects of laws and other resolutions. He may, in vacation
of the Rigsraad, and in cases of urgency, decree provisional laws,
provided they be consistent with the fundamental law, and these
shall always be presented to the Rigsraad at the following
session.
The King has the power of pardon and amnesty. Ministers condemned by
the Rigsret (the tribunal to try impeachments) shall not be
pardoned, except by consent of the Folkething. He coins money
conformably to law.
Electors for the Folkething are all persons of unimpeaehed (intact)
reputation, thirty years of age, and possessed of the rights of a
native, except those who, without being housekeepers, enter into the
service of any individual, those who receive help as paupers, and
those who have not been domiciled a year in the electoral district
or city where they reside at the time of the election.
The number of the members of the Folkething is one for 16,000, and
they are elected for three years. The Landsthing is composed of
sixty-six members, of whom twelve are named by the King, seven by
Copenhagen, and the balance by electoral districts. The Rigsraad is
inviolable. Whoever attacks its security and liberty, or gives or
obeys any order for that purpose, is guilty of the crime of high
treason. Each chamber may propose laws and present addresses to the
King, and is judge of the elections of its members.
No imposts shall be established, no troops levied, no public debt
contracted, nor any portion of the public domain alienated, but in
virtue of a public law.
No foreigner can obtain the rights of a native but in virtue of a
law.
The members of the Rigsraad are bound only by their conscience, “and
not by the instructions of their electors.” “Functionaries” elected
to the Rigsraad do not need the “authority of government to accept
the mandate of their electors.”
During the sessions of the Rigsraad no member can be arrested for
debt without the consent of the chamber to which he belongs, nor be
imprisoned or accused unless taken in flagrant offence. The members
of the Rigsraad incur no responsibility elsewhere for opinions
spoken there.
Ministers have entrance to the Rigsraad and the right of discussion,
but cannot vote unless they are also members of the Rigsraad. The
presence and participation of a majority constitute a quorum in
either chamber.
The Rigsret is composed of the members of the supreme court of the
kingdom and an equal number of members of the Landsthing, to be
elected by that body to the Rigsret for four years. The Rigsret
tries accusations brought by the King or the Folkething against
ministers. The King may also, by the consent of the Folkething,
cause other persons to be brought before the Rigsret for crimes
which he judges dangerous to the state.
The exercise of judicial power can only be regulated by law. The
judges cannot be dismissed but in virtue of a legal sentence, nor be
displaced against their will except in case of a reorganization of
the tribunals. A judge is retired at sixty-five, but continues to
receive his salary.
The jury system is established in criminal matters and political
offences.
Citizens have the right of worship and communion according to
conviction, provided their doctrines and their conduct are not
contrary to morality and public order. No one is compelled to
contribute to the support of any other creed or worship than the one
he has professed, provided every one who is not a member of a
recognized religious community must pay for public instruction, as
required by law, in favor of the national church. The status
(position) of dissenting communions shall be regulated by a special
law. No one shall be deprived of the enjoyment of his civil and
political rights on account of his religion, nor exempt himself from
the performance of the duties of a citizen.
The domicile is inviolable. Domiciliary visits and the seizure and
violation of letters and other papers are not permitted except in
virtue of a legal sentence, unless in exceptional cases prescribed
by law.
The right of property is inviolable; and property cannot be taken for
public use except on payment of full indemnity.
The existing restrictions upon the liberty of employment, (travail,)
except such as are founded on reasons of public utility, are to be
abolished by law.
All have the right to publish opinions (pensées) through the press,
subject to responsibility before the tribunals. Censorship and other
preventive measures shall never be re-established.
Citizens have the right to form associations for any legal end, and
without previous authority. No association can be dissolved by an
administrative measure.
Citizens shall have the right to assemble without arms. The police
have the right to be present (assister) at all public assemblies.
Assemblies in the open air may be interdicted when deemed dangerous
to the public peace. In case of riot, an armed force, if not
attacked, shall not interfere until the mob, in the name of the
King, has been commanded three times to disperse.
All citizens capable of bearing arms are held to contribute in person
to the defence of the country, according to provision of law.
All prerogative attached by law to nobility, to titles, and to rank
is abolished. No fief,
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succession by title or age, (magorat,) or
trust in entail, (fidei commis,) shall
hereafter exist in real estate, and the law shall provide rules for
converting such estates, now existing, into free property.
The members of the Landsthing named by the King hold their places for
twelve years, and a dissolution of the Landsthing does not
invalidate their seats.
In criminal prosecutions, appeals lie as in civil cases. The accused
has the right of counsel, and of introducing new proofs, on appeal,
before the supreme court.
