Basic Laws of Sweden

Naturally, however, these very obvious points were apparent to Alexander and his advisers, and the Tsar had had abstracts of the Swedish constitutional laws prepared and submitted to him in advance, and at his own request as the necessary preliminary to the erection of Finland into a separate constitutional unit.

In December 1808 the Russian Foreign Secretary, Count Saltykov, wrote to Baron Mannerheim making inquiries, and in reply the President of the Finnish Deputation gave him a short sketch of the respective rights under the Swedish Constitution of the monarch and of the estates, and also of the ceremonies and proceedings usual at the Swedish Diets.

One short citation from Mannerheim's memorandum will serve to show that the Emperor, before he summoned the first Finnish Diet, was made plainly aware of the privileges of that body and of the limitations the constitution would set on his acts, and also of the distinction between fundamental or constitutional laws and the civil and criminal law of the land.

Under the Swedish law, says Mannerheim, The sovereign can make no change—ne peut rien changer—in the fundamental laws nor in the criminal and civil laws established in 1734, nor in the privileges of each order, nor establish new taxes without the consent of the estates.

But the Emperor did not content himself with this memorandum on such an important subject.

He had further prepared for him, through the office of the Secretary of State for Finland, a full report on the Swedish Constitution.

Count Speranski, as a Russian, was not himself capable of preparing such a report, so he delegated the work to his assistant, Rebinder, who in turn called in the aid of M. de Buck, who, although not a Russian, appears to have been an official of the Russian Foreign Office.

Governor Sprengtporten, writing to Speranski, speaks thus of Buck.

Of recent years, one or two ladies have written bright and readable sketches of travel in Finland, but these writers could naturally devote but little space to the political and historical questions that have now come to the front.

English translations were issued several years ago of three Finnish books, Finland in the Nineteenth Century, edited by a committee in Helsingfors, Senator Mechelin's Precis of Constitutional Law, and Professor Danielson's Reply to M. Ordin, but these are all, I fear, out of print.

The object I have kept before me in writing this book has been to present the case of Finland in the briefest and clearest language, and not in any sense to make an attack on Russia.

That certain Russian officials have determined, if they are not checked, to destroy the Finnish constitution is a fact beyond dispute.

But it can only be repeated that these documents were drawn up not to define the relations of Russia and Finland, on which they had not the slightest influence, but to define relations between Russia, including Finland, and the rest of Europe.

And as regards foreign powers, Finland has never had, nor claimed to have in any proper sense of the word, a separate existence.

Constitutionally she is an autonomous Grand Duchy with the Tsar as Grand Duke.

Diplomatically she is incorporated in Russia and can have no foreign relations.

The Grand Duke was to be an Emperor instead of a King; the new Sovereign was the head of the Catholic Apostolic Orthodox Church whereas the former king was necessarily a member of the Evangelical Lutheran church; the machinery of government would no longer be centered in Stockholm but in Åbo; there would no longer be an Imperial Diet (Riksdag) but a local Diet (Landtag); the Supreme Court would no longer be in Stockholm but in the Finnish capital, and so forth.

Naturally however these very obvious points were apparent to Alexander and his advisers, and the Tsar had had abstracts of the Swedish Constitutional laws prepared and submitted to him in advance, and at his own request as a necessary preliminary to the erection of Finland into a separate constitutional unit.

In December 1808 the Russian Foreign Secretary Count Saltykov wrote to Baron Mannerheim making inquiries and in reply the President of the Finnish Deputation gave him a short sketch of the respective rights under the Swedish Constitution of the Monarch and of the Estates, and also of the ceremonies and proceedings usual at the Swedish Diets.

One short citation from Mannerheim’s memorandum will serve to show that the Emperor, before he summoned the first Finnish Diet, was made plainly aware of the privileges of that body and of the limitations the Constitution would set on his acts, and also of the distinction between fundamental or constitutional laws and the Civil and Criminal law of the land.

As between Russia and Sweden this contention was absolutely correct and Count Stedinke had to content himself with a clause reciting that His Majesty the Emperor of all the Russias having already given the most manifest proofs of clemency and justice with which he has resolved to govern the inhabitants of the provinces which he has acquired By generously and of his own spontaneous act assuring them the free exercise of their religion Rights property and privileges his Swedish majesty considers himself thereby dispensed from performing the otherwise sacred duty of making reservations in the above respects in favour of his former subjects In this clause there are expressions to which objection might be taken from the Finnish point of view by strict constitutionalists just as to the similar phrases in the Czar's circulars to the foreign powers; but it can only be repeated that these documents were drawn up not to define the relations of Russia and Finland—on which they had not the slightest influence —but to define relations between Russia including Finland and the rest of Europe.

And as regards foreign powers Finland has never had nor claimed to have in any proper sense of the word a separate existence Constitutionally she is an autonomous Grand Duchy with the Czar as Grand Duke Diplomatically she is incorporated in Russia and can have no foreign relations Count Rumjantsov was concerned simply with making two points clear First that Sweden should not then and afterwards interfere in Finnish affairs and second that the treaty did not confer Finland on Russia but simply acknowledged that Finland was already rightfully under Russia's protection As Count Rumjantsov explained in reporting to the emperor Mon principe était de montrer Votre Majesté comme un maître de Finlande avant le traité And so Count Rumjanzov and the Emperor combined to destroy in advance Monsieur Orne's point and to establish the fact that relations between Russia and Finland did not spring from the treaty but had been definitely fixed months before the treaty was concluded If M. Ordin wishes to see how diplomacy expresses itself when a country is being handed over to another or to several others and its institutions defined by treaty He should consult with the clause of the Act of Vienna dealing with Poland Le duché de Varsovie est réuni à l’empire de Russie Il y sera lié irrévocablement par sa constitution pour être possédé par Sa Majesté l’Empereur de toutes lesRussies ses héritiers et successeurs à perpétuité Sa majesté impériale se réserve de donner à cet Etat jouissant d’une administration distante L'extension intérieure qu'elle jugera convenable Elle prendra avec ces autres titres celui des Czars rois de Pologne Les Polonais sujets respectifs de la Russie De l'Autriche Et de la Prusse obtiendront une représentation et des institutions nationales Congress-Poland has not had a happy history I am aware that some who have a right to speak with weight on affairs in Finland regret that the grand duchy Did not at Frederickshamen receive Some constitutional guarantee In my opinion, nothing could in the interests of Finland itself have been more disastrous.

Poland, in spite of a treaty to which all Europe was a party has disappeared from the rank of states perhaps it is not too much to suggest that the mere fact of being a European protégé made Poland troublesome and that Russia fearing the curb became unduly harsh and suspicious of outside interference what would have been the inevitable result if Finland had had a paper right protection from Sweden? Protection not strong enough to help but just strong enough to irritate can there be any doubt that under such circumstances finland would have long ago shared the fate of poland And that gloomy as the present situation may appear The grand duchy Would have been worse Not better for the sham protection Of an unworkable international guarantee Those who think That too much attention Has been given To the trivial And self-contradictory arguments And assertions Of the Russian nationalist writers May be assured That these extraordinary misrepresentations And childish word twistings Have been persistently urged For years past And have had deplorable effects Even on what ought to be Well informed Opinion in russia There need be no doubt That the present czar Is anxious Like his predecessors To act fairly And honestly To finland But the whole official atmosphere Is so poisoned by lies That the tsar Overwhelmed with work That is ever in arrears Is sometimes The last man In russia To hear the truth And the unifiers Who at present Have the upper hand In church and state In russia Are determined That As regards finland At any rate The truth shall not Be known If they can prevent it End of section four Section five of Finland and the Czars 1809 to 1899 By Joseph Robert Fisher This LibriVox recording Is in the public domain Read by Alastair Chapter Five The Diet at Work When Alexander I returned to St Petersburg after having so clearly and repeatedly emphasised the self governing rights of Finland he left the diet to its novel labours at Borgor It was not called upon to legislate in our English sense of the word It had not to alter or reform the existing law but rather taking the administration of the country as it had been carried on when Finland and Sweden were one It had to bring that administration into conformity with the new order of things To this end the Emperor in accordance with the Swedish constitutional practice laid certain propositions before the diet concerning the future affairs of the country and the best means to regulate them in a manner applicable to the new situation of Finland and to the circumstances in their different combinations The Tsar's propositions to the diet dealt with the future military organisation of the country the revenue the coinage and the formation of the Conseil de Régence or Government Council A local body Which since 1816 has been called the Senate This latter is one of Finland's peculiar institutions It was as will be explained later modelled on the old Swedish Riksrod Or council of State And its combination of functions advisory executive and judicial is probably unique Several of the representatives of the different estates Had been members of the previous diets at Stockholm And were thus able to guide Their less experienced colleagues And on the whole The debates went smoothly Committees being formed To take into consideration The various proposals The Tsar himself carefully abstained From exercising Any influence or pressure I have allowed you Alexander was able to say afterwards Perfect liberty In your deliberations No influence No authority Except your own Has dared To cross the threshold Of these doors At the same time There was naturally Continuous correspondence Between the Secretary for Finland In St Petersburg And the Governor General As to the progress of affairs And as to the date At which it would be convenient To close the diet It is not necessary To follow these deliberations Which lasted from March till July It is however to be remembered In view of future events That the question which the emperor places In the very front of the program Of the diet That of military organization Is one which the war office In Saint Petersburg Now claims to control On the ground that Its intimate connection With the general interests of the empire Forbids that it should be Exclusively treated and decided By the institutions of the Grand Duchy The legislation of Alexander II Supplies as we still see Ample material For demolishing this Novel pretension But it is satisfactory To notice That on every point Raised by the present War minister Alexander I Is on the side of the Finns And against the New order of Russian officials The original draft Of his propositions to the diet Is very interesting As throwing light on this point There is no question Of Finnish mistranslation Yet it would be difficult To imagine a more Absolute justification For the attitude On the military question Of the Extraordinary Diet Of 1899 Than that provided In advance By Alexander Himself Incidentally, it may be added that the Emperor disposes of the argument of those who pretend that the Borgodyet was simply an oath-taking body called to give allegiance once for all to Russia and then to disappear.

The estates are invited to take into their mature consideration a matter so important for the public economy and to provide—until the next diet—ways and means of carrying out the necessary changes.