© DET JURIDISKE FAKULTET UNIVERSITETET I OSLO Constitutional Survival of War in 1814 and Union with Sweden Ola Mestad Professor dr. juris Chair of the Norwegian Research Committee for the Constitution Bicentennial The Norwegian Constitution at 200 Years III Târgovite, 1 – 4 August 2014

© DET JURIDISKE FAKULTET UNIVERSITETET I OSLO Chronology of January Treaty of Kiel 16 Feb Meeting of high ranking men at Eidsvoll 10 April – 20 MayThe Constitutional Assembly at Eidsvoll 17 May - The Constitution adopted –Prince Christian Frederik offered the Norwegian Crown End July / Early August Swedish-Norwegian War 14 August The Moss Convention on armistice 7 Oct - 26 Nov The extraordinary Storting 4 Nov Carl 13 of Sweden elected King of Norway

© DET JURIDISKE FAKULTET UNIVERSITETET I OSLO The Great Powers Intervene in June/July The commissionaries from Britain, Russia, Austria and Prussia To Copenhagen –To check whether the Danish King supports the Norwegian resistance To Christiania [Oslo] –To make Norway accept the treaties To Sweden –Conversations with Bernadotte –Mitigation

© DET JURIDISKE FAKULTET UNIVERSITETET I OSLO What does king Christian Frederik do? He awaits support from Britain He prepares the Constitution for a union with Sweden He encourages the Norwegians to be prepared to fight Sometimes he involves the Government, sometimes not

© DET JURIDISKE FAKULTET UNIVERSITETET I OSLO Sweden Goes to War Sweden wanted its gain from Kiel British and Swedish blockade from the spring War from end July/First half of August First Naval attack 26 July Swedish-Norwegian war No foreign troops

© DET JURIDISKE FAKULTET UNIVERSITETET I OSLO 14 August - The Moss Convention on armistice Complex development Double play on both sides –Christian Frederik and his government –Bernadotte and his king and the government in Stockholm Sweden accepted the Eidsvoll Constitution as basis for a union Norway accepted to call the Storting and let it decide

© DET JURIDISKE FAKULTET UNIVERSITETET I OSLO The Moss Convention, con’t Christian Frederik to return the Crown to the extraordinary Storting And to let the government run the country until then (He considers becoming Duke of Pomerania) What is the implication ov f returning the Crown to the Storting? Did Sweden give up the Treaty of Kiel?

© DET JURIDISKE FAKULTET UNIVERSITETET I OSLO The Government rules Does not accept negotiations with the Swedes Appoints the Supreme Court Organizes elections to the Storting

© DET JURIDISKE FAKULTET UNIVERSITETET I OSLO Elections to Parliament (the Storting) First election under the new Constitution 7 October - 26 November - The extraordinary Storting in session 10 October – Christian Frederik lays down the Crown in the hands of the Storting –On behalf of his heirs and himself

© DET JURIDISKE FAKULTET UNIVERSITETET I OSLO Swedish Norwegian Negotiations The Storting on one side Swedish commisionairs on the other With Bernadotte consulting closely Both sides suggest «necessary» changes

© DET JURIDISKE FAKULTET UNIVERSITETET I OSLO Union or Constitution First? The most important issue Diiferent positions in the Storting The 20 October decision Norway will enter into a union if the changes to the Constitution are acceptable to the Storting Why was this clever constitutional law?

© DET JURIDISKE FAKULTET UNIVERSITETET I OSLO What Changes Were Accepted A formal union under the same king No common ordinary institutions Changes to the organisation of the Norwegian gvernment Separate budgets The King has foreign policy prerogatives in both countries And can partly use both armies A union for security purposes

© DET JURIDISKE FAKULTET UNIVERSITETET I OSLO Why did Bernadotte Give Up Many of His proposals? Fear of the Congress of Vienna which was already in progress? He thought he could come back and change the Constitution later And tried in 1821/-24 But they were all struck down

© DET JURIDISKE FAKULTET UNIVERSITETET I OSLO Union formally entered into 4 November 1814 The Constitution changes adopted by the Storting Carl 13 (of Sweden) elected as King of Norway (too), by the Storting Was it a new constitution? What was the basis for the union?

© DET JURIDISKE FAKULTET UNIVERSITETET I OSLO Norwegian-Swedish Union A union for security purposes –Joint foreign policy and nearly joint military policy The Norwegian Constitution became Norway’s uniting point –Very few changes to the Constitution Later, much discussion on whether the Treaty of Kiel was the true basis of the Union In 1905, Norway stated that the joint King did not fulfill his constitutional duties anymore, and accordingly, the union was abolished