These imposing preparations were followed by the decision of the Storthing. It was first proposed to decide unanimously without any debate. But there were a few members in the Storthing who ventured to protest in words — in actions no one dared to protest.
With a frankness evidently embarrassing to all present, Mr Hagerup pointed out the two only possible alternatives with reference to the decision; to retract, or to rupture. The latter alternative he evidently found most acceptable, and in Norway’s real interest, he warned them as to what the issue might be. He proposed that the decision with respect to these eventualities — which might exceed both the Constitution and the Act of Union — should be deferred till after the new elections, as the Constitution with an almost torturing emphasis insists on caution when a change in the government system is contemplated. Even the rest of the few in the minority made known their different views, and among them the Shipowner Jörgen Knudsen openly confessed that he saw no forcible reasons for dissolving the joint Consular Service.
But the issue was plain. After Mr Hagerup’s proposal for an adjournment was voted against with a minority of few the Consular law was passed unanimously.
King Oscar’s position in regard to the Consular law. Nothing remained now but to continue. The uncertainty in various quarters as to how king Oscar would express himself, simply implied ignorance of the political situation in an historical light. No Norwegian acquainted with the real facts of the case, could be in doubts as to the King’s reply. Norway herself had dictated it and the innocent distrust of Nansen[58:1] and Norwegian newspapers, that the King, as they said, »would really refuse Norway her right» seemed rather unnatural.
The Cabinet meeting. 27th May 1905 On the 27th May a Cabinet meeting was held at the Royal Palace in Stockholm[58:2]. To the Norwegian Cabinet’s appeal for sanction to the Consular law, the King replied that the present regulations for the joint Consular service as resolved in a joint Cabinet according to the Act of the Union § 5, also under the same conditions, that is to say, by treaty with Sweden, must be dissolved, and refused his sanction. The Cabinet raised the strongest objections to this, and referred to Norway’s loyal(!) endeavours to advance the cause. The King’s decree implied a violation of Norway’s independence and Sovereign right, and would undoubtedly lead to the dissolution of the Union. The Cabinet thereupon, sent in their resignations[58:3], which the King, meanwhile, refused to allow, as he had at present no prospect of forming a new Ministry. Then ensued a discussion between the King and the Ministers. The King maintained his right based on the Constitutional law, to exercise his veto according to his own judgment and maintained the duty of the Minister of State to countersign his decision. The Cabinet sought, on their side, to defend the interpretation given in later years to the fundamental law, that it presupposed the right of refusing countersignature, but could, as a precedent, for present circumstances, only quote the not altogether applicable opinion — after full consideration — of the Norwegian Cabinet in 1847[58:4].
The situation after the 27nd May. Now the situation was as follows: The King had been forced to the extremity of exercising his undoubted right, according to Constitutional law, to form his decision according to his own judgment. It was furthermore the Prime Minister’s undoubted duty to countersign his decree, the Cabinet, by raising protestations, were released from constitutional responsibility for the royal decree according to the rules of the fundamental law. But the Cabinet maintained another interpretation of the fundamental law, and sent in their resignations, which the King, meanwhile, refused to grant as he could not for the present — »now» — form a new Ministry.
This word ’now’ in the King’s refusal to the Cabinets appeal to resign, undoubtedly implies a reminder of earlier similar situations in the beginning of 1890, when the Ministry — on one or two occasions Radical — had remained in office some time after they had tendered their appeals to resign, as the King was unable to form a new ministry. It was also without doubt the legislative duty of the Ministry to remain at their post till the King released them. For, according to the general constitutional and administrative ideas of justice, it is the King who releases his Ministers; they have no legal right to retire of themselves.
It is not Norway’s King who has transgressed the law, in spite of all the accusations to that effect from Norway’s government[59:1]. The law was transgressed on June 6th by the Norwegian Cabinet, when they informed the King that they resigned office[59:2].
The Norwegian Revolution. Their chief reason for this proceeding they declared to be their inability to be a party to the King’s policy, which according to their opinion, was not in accordance with the Norwegian Constitution, and declared themselves to be ’free men’ entitled to the right to resign office[60:1]. King Oscar immediately sent protestations against this proceeding on the part of the Ministers, both to the Storthing and the Premier[60:2]. But before these came to hand, the next act was played out.
On the 7th June the Cabinet informed the Storthing of their resignation[60:3]. The Storthing forgetful of the very important little word now categorically recorded the fact that the King had declared himself incapable of forming a new government, and came to the conclusion that the Constitutional Royal Power was »no longer effectual», on which the late Ministers were admonished to take up the reins of government, which, according to Constitutional law, was the King’s prerogative alone. The King was therefore deposed. But Norwegian logic went boldly further. King Oscar having ceased to act as Norway’s King, the declaration followed, that the Union with Sweden was dissolved[60:4]. This was all communicated in an address which the Storthing prayed to be allowed to deliver to King Oscar by a deputation[60:5]. The King of course replied that he would not receive any deputation from the revolutionary Storthing[60:6].