JB/109/203/001

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1821. Septr 15.
Collectanea.
Norway
4

make laws independently of the concurrence & consent of the King.
In this case the repetitions of the Law adopted by a Legislature, repetitions
which take place because sanction has been refused, do not
in the least destroy what there is permissions in the principle; for it
is not presumable, that when a King rejects what three different Legislature
have proposed to him, that rejection should not be founded
upon considerations of such importance, that for the interests of the
State, of which the King always judges more impartially than the
Legislature, since he is above all personal interests, this law was of
such a nature that it never ought to have adopted.

No Constitutional Sovereign willingly exercises the right of
veto in the face of the national representation; but the right ought to
exist, because it is its preserving essence; and it affords legal means
of checking dangerous ebullition without having recourse to force,
before which law is silent. This ebullition often originates in some local
pretensions, wounded self love or disappointed ambition. A Representation
which dreads its King, or questions his Counsel, & which in
consequence of this dread or this mistrust, would become an exclusive
Legislature; itself provokes the danger which by a false calculation it
had in view to provide against. If the conflict be once begun & if the
Legislature prevail, there exists no more Monarchy, it would reign
supported by anarchy. If on the contrary the Legislature should be
overcome, Liberty would fall with it; for where is the Prince who does
not profit of success in policy?

This dilemma which can not be disputed by lessons of history
& recent experience; is too dangerous for a rational & enlightened
nation finally to risk such chances. The King has too much
confidence in the wisdom of his Norwegian subjects, not to suppose that they also
will perceive the disastrous consequences & that they will be
anxious to give all the necessary rectification to this part of their
fundamental law. In all difficult crises, the King will always
look to them with confidence.

In England & France, the right of dissolving the national representation
belongs to the executive power & this is especially necessary
in these countries, where extraordinary convocations do not
nullify the elections which are always made for a certain term of years
either prescribed or established by custom. The objections advanced against
this eminently constitutional right, arise from an absurd
alarm at words & not from a mature reflection of the thing itself:
for this power which is purely defensive, may if it be abused, be as easily
turned against the party it is destined to protest. It always corrects
the precipitation of measures, not only on the part of the Legislature,
but also on that of the Government: & it is the nation to
which appeal is made, that pronounces the final judgement either
by renewing, or annulling, the proceeding elections.

The

Identifier: | JB/109/203/001 "JB/" can not be assigned to a declared number type with value 109.
Date_1	1821-09-15	Marginal Summary Numbering
Box	109	Main Headings
Folio number	203	Info in main headings field	Collectanea
Image	001	Titles
Category	Collectanea	Number of Pages	1
Recto/Verso	recto	Page Numbering	E4
Penner		Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	35858
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