Chapter IV (1)

When the interest of the country or its citizens require being looked after, the legation is entitled to gather information from, and to give orders to the Consul concerned. Such orders must not conflict with actual law and statute, nor with instructions or other regulations given by the Home authority.

With regard to a Consul's duty to obey the injunctions mentioned above, the last passage of § 3 should be applied.

[-- -- --]

5.

Extracts from the outlines for laws of the same wording drawn up by His Excellency Boström, in November 1904.

[-- -- --]

[-- -- --]

With regard to the relations between the Minister for Foreign affairs and the Consular administration, and in addition to general precepts as to their duty of mutual cooperation and of mutual interchange of information about such resolutions and steps, etc. as may be of importance for them to know it should be directed:

that a new Consulate must not be established until the Minister for Foreign affairs has stated as to whether any obstacles to its establishment are raised on the part of Foreign Powers;

that, before the appointment of a Consul, the Foreign Minister shall have an opportunity of making the remarks he may find appropriate, as to the persons possible to be taken into consideration for the appointment;

that, for obtaining a Foreign Power's recognition of a Consul, the Consular administration has to make a proposition of it to the Foreign Minister just as is the case when, in other matters belonging to the province of the Consular administration the question arises about applying to the Government of a Foreign Power;

and that if, in matters being dealt with by the Consular administration, the Minister for Foreign affairs has given instructions to a Consul, the Consular administration must not give the Consul an order conflicting with such an instruction.

As to the Foreign Minister's relation to the Consuls and _vice versâ_, the law should say that the Consuls are subordinate to the Minister for Foreign affairs in such a way:

that, in matters belonging to his province, he has the right to request information directly from the Consul and to give him instructions;

and that the Consul on his part is bound not only to execute implicitly what he is thus requested to do, but also, in such matters dealt with by him as, owing to their nature and other circumstances, may be supposed to affect the relation to a Foreign Power, to send of his own accord a report of the origination of the matter as well as of its further development.

Besides it should be instituted:

[-- -- --]

that, in case a Consul should act in such a way as may have a disturbing effect upon the friendly relations between the United Kingdoms and the Foreign Power concerned, and also in case a Consul should neglect to execute the instructions of the Minister for Foreign affairs or the Legation, the Foreign Minister shall have the right to address a humble request to the King about the Consul's revocation, whereupon the Consular administration concerned should be informed of the resolution.

In order to regulate the relations between the Legation and the Consuls concerned, it should, apart from the general precept of their duty of mutual cooperation, be laid down in the law:

that the legation is bound to guard the Consul's rights and to lend him necessary assistance and, in matters belonging to the province of the legation, entitled to demand information from the Consul and to give him instructions;

that the Consul has the same duties towards the Legation as towards the Minister for Foreign affairs;

and that, if the Consul, by participating in political demonstrations or in another way, should openly disregard the consideration he is bound to have for the authorities of the country he is employed in, or if an action affecting his civil repute should he brought against him, the legation has the right to suspend him from his office until further notice.

6.

Extract from the answer given by His Excellency Hagerup to the preceeding draft, on November 26, 1904.

[-- -- --]

2. No approval on the part of Norway can be expected for an arrangement that would give Swedish authorities the possibility of interfering with measures taken by a Norwegian authority. Also in this respect we merely adhere to the Communiqué and the Protocols of December that, as a basis of agreement, give prominence to the establishment of a separate Consular service for Sweden and for Norway, in which case »the Consuls of each Kingdom shall be subordinate to the authority of their own country which the latter shall have to determine.» This arrangement does not however preclude, as is also presupposed in the Norwegian draft, a certain possibility for the Foreign Minister to address direct requests to the consuls.

[-- -- --]

With particular regard to the demand expressed in the »outlines» that the Swedish Minister for Foreign affairs shall have the right--this is the, intention according to your Excellency's verbal declaration--to discharge in ministerial--consequently in Swedish--Cabinet Council a consul appointed in Norwegian Council, I ventured to point out 1) that this demand was entirely contrary to the Norwegian Constitution, 2) that an arrangement by which a Swedish authority of state might nullify a resolution adopted by a Norwegian authority of state would, according to the general principles of political and international law, impress upon Norway the stamp of a dependency, and 3) that it would therefore from a national point of view signify an enormous retrograde step as compared with the present arrangement of the Consular service.

[-- -- --]

7.

Extracts from the draft of laws of the same wording made by the Swedish Government in December 1904.

[-- -- --]

§ 8.

If in a matter being dealt with by the Consular administration, the Minister for Foreign affairs has informed that he has taken such a measure as is alluded to in § 9, it is for the Consular administration to observe that, from its side, no such instructions are given to the consul concerned as are conflicting with any reorder relating to this matter given by the Minister for Foreign affairs and known to the Consular administration.

§ 9.

The Minister for Foreign affairs has, in a matter belonging to his province, to request immediate information from the Consul of the country concerned and also give him instructions about what he has to observe in such a matter; and a consul is absolutely bound to fullfill what is thus requested of him.

[-- -- --]

§ 11.

If the Minister for Foreign Affairs should learn that a Consular employé has not acted with good and worthy behaviour towards the authorities of the country where he is employed, or that he has participated in political demonstrations, or secretely, or openly encouraged or supported attacks on the existing Government, or else behaves in a way that may have a disturbing effect upon the good relations between the United Kingdoms and the Foreign Power concerned, then the minister has humbly to give notice of it to the King in Joint or in Ministerial Cabinet Council whereupon the matter is submitted to the King's consideration in the Cabinet Council of the country concerned.

[-- -- --]

§ 16.

If a legation should find a Consul guilty of a proceeding or a neglect alluded to in § 11, or if a Consul should be prosecuted for a crime affecting his civil repute, the legation, if finding it justified by circumstances, has to suspend the Consul from his office; and the matter should immedately be reported both to the Minister for Foreign affairs and to the Consular administration concerned.

A Consul thus suspended from his office, must not again come into office until the King, after hearing the Minister for Foreign affairs, has resolved upon it.

[-- -- --]

8.

Extracts from notes made, in consequence of the Swedish Government's draft of laws of the same wording by the Norwegian Cabinet Council, on January 11, 1905.

[-- -- --]

To § 8. It is stated here that, when. in a matter being dealt with by the Consular administration, the Foreign Minister has given a Consul an order, it is for the Consular administration to observe that, from its side, no order conflicting with it is given to the Consul. It is difficult to understand what is meant by this paragraph, which is without a parallel in the present Consular statutes which do not direct any similar injunction to the Norwegian Consular department. To judge from reference to § 4, it does not seem to have been intended to give the Foreign Minister the right, in whatever be which matter being dealt with by the Consular administration, to stop the function of the latter and to assert his own authority instead; for this would be equivalent to instituting a relation of subordination that no Governmental department can submit to. The intention, then, can only be supposed to have been the following:--to try, in a consular matter, that has assumed a diplomatic aspect or that is simultaneously subject to a consular and a diplomatic treatment, to prevent the Consular administration from arbitrarily trespassing upon the province of the Foreign Minister. It stands to reason that this must not occur. But just because it stands to reason, the precept is superfluous. And what is of more importance: it is calculated to excite indignation. For, as it is obvious that an interference of the said kind must be a manifestation either of want of judgment or of disloyalty, it should be admitted that it is not very appropriate to give in a law, even in an indirect way, an expression to the thought that such qualities may prevail in the department concerned.

[-- -- --]

To § 11. [-- --] We should not however dwell upon these formal considerations which are of a merely secondary importance as compared with the far-reaching question: exclusively Norwegian or partly joint treatment of matters concerning the relations of Norwegian Consuls wheteher to the Foreign Minister, or to legations, or to Foreign authorities. In this connection we want to quote a passage from the report of the last Consular Committee made up of members from both countries where we read (Norwegian edition, p. 16): »Furthermore the Norwegian Consular administration has to leave it to the Foreign Minister (and the legations) to receive and reply to reclamations from Foreign Governments in the rare cases when subjects of contention arise by the actions of Norwegian Consuls. For this kind of correspondence, although dealing with the behaviour of Consuls, is owing to its nature diplomatic and not consular, and in as much as the matter has a political moment, the Foreign Minister should continue to keep the management of it; if the matter should become critical so as to grow into a real international conflict, he should report it to the King and procure the instructions necessary for its treatment. It stands to reason that he should not be debarred from influencing the course of the matter by informing the Norwegian Consular administration of his opinion as to the steps suitable to take with regard to the consul Concerned. But the very instructions to the latter or the disciplinary steps occasioned by the matter belong to the home consular management and should therefore be issued from the Norwegian department.» We concur in the opinion expressed here and the demand for an exclusively Norwegian treatment of questions concerning measures against Norwegian Consuls, appears still more justified in the cases when the matter is without a political moment, but the question regards the consul's relation to the Foreign Minister and the legations. In the last-mentioned respect we want again to refer to the statement of the Consular Committee (Norwegian edition, pp. 25-26), from which it is evident that they did not intend any joint treatment of matters relating to the Consul's disobedience of instructions or omission of duties; nor was this intention expressed during the negotiations that took place before the appearance of the Communiqué. Such a joint treatment that should precede the treatment from the Norwegian side, can only imply one of two things. Either it means to be a mere formality only calculated to delay matters perhaps requiring a speedy decision. Or else it means to be a real treatment, in which case, the Foreign Minister is intended to get influence on the settlement of the matter; but in this case it will signify an encroachment upon a department which, as it maintained, should be exclusively reserved for a Norwegian authority of State. Besides, it is self-evident that the Consular administration which may justly be supposed to be equally interested as the Foreign Minister in Norway not being compromised by her agents abroad, cannot forbear, when demands for a Consul's revocation are made on the part of diplomacy, to make the matter the object of a humble report.

[-- -- --]

To § 16. It is proposed here that the legation shall have the right to suspend a Consul guilty of such conduct as is spoken of in § 11, or prosecuted for a crime affecting his civic reputation. In this connection it should be remembered that, according to the present consular statute, the right to suspend a consular official does not lie with the legations, but with the Foreign Minister who, after having taken his measures, has to submit the matter to his Majesty. As to the right to suspend future Norwegian consular officials, this right, just as is done with regard to other state officials, shall according to the Constitution be exercised by the King (see the Constitution, § 22 and Aschehoug, Norges nuværende statsforfatning, ii, 474.) To transfer this right upon the legations would be incongruous with the Constitution. But not even with regard to consular functionaries who are not state officials, and who, during the present community in Consular service, are suspended, by the superior consul concerned, the right of suspension should be granted to the legations. For, the view is held, in accordance with the Consular Committee of the joint Kingdoms (see their report, Norwegian edition, pp. 24, 25) that between consular functionaries exclusively subject to Norwegian authonity and ambassadors exclusively subject to a Swedish minister, there is no possibility of establishing truly hierarchic relations: [-- -- --]

[-- -- --]

After the considerations made above, it will be obvious that from a Norwegian point of view, these paragraphs appear as unacceptable, partly because they are incongruous with the Constitution of Norway or with the claims that in this country are put upon the contents and the forms of independecy, partly because, by this, the aim cannot be gained, that is intended by the whole negotiation, viz--to use the words of the Swedish negotiators--to establish a separate Consular service for Sweden and for Norway The Consuls of each Kingdom are subject to the home authority that each country decides for itself. (see the Communiqué of March 24, 1903).

On this account we recommend to omit from the Swedish draft the paragraphs 5, 6, 8, 11, 16, and 19. If they should be adhered to, further discussion about the Swedish draft will be futile.

9.

Extracts from the answer of the Swedish Cabinet Council to the memorandum made by the Norwegian Cabinet Council on January 11, 1905. Dated January 30, 1905.

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In the memorandum of the Norwegian Cabinet Council it is suggested that § 8 of the Swedish draft can be interpreted so as to be meant with regard to any matter being treated by the Consular administration, to give the Foreign Minister the right to stop the function of the latter and to assert his own authority instead. But as it is expressly indicated in the draft that the precept concerned is meant to be relevant only to a certain case specially mentioned, the opinion expressed does not seem to be justified. The precept has in view to regulate the relations between the Foreign Minister and the Consular administration, if, in a matter subject to consular treatment, the Foreign Minister, owing to the origination of diplomatic or political circumstances, has found reason to interfere by virtue of the right the laws are meant to bestow upon him. When thus a matter is simultaneously treated by different authorities, that each within its province has to treat it, the possibility of a conflict can hardly be denied, and still less so as the limits between the diplomatic and the consular province, as is generally acknowledged, are extremely uncertain, and as on both sides there is a natural tendency to extend the sphere of activity to departments formerly looked upon as exclusively belonging to the other party. It cannot therefore be incongruous with the laws now being under discussion to insert regulations for the case alluded to; on the contrary, it seems to be entirely in consistency with the basis of these laws and with the end of their institution that such regulations should be given. And it can hardly be denied that in this case that authority, is the Foreign Minister, who represents both countries, and in the present case it must be considered that attention to the interests most important to the joint countries should be preferred.

The precepts of §§ 11 and 16 contain the particular instructions meant to guarrantee that the Consuls shall not transgress the due limits of their province. Such a guarrantee cannot be dispensed with in the opinion of the Swedish Cabinet Council. For, cases may be imagined when in a foreign country a Consul behaves in a way threatening to disturb the good relations between the Government of the country and the United Kingdoms. To deprive the representatives of the United Kingdoms, as to their relations to Foreign Powers; i. e. the Foreign Minister and the legations, of all possibility of interfering against the Consul under such circumstances would, in the opinion of the Swedish Cabinet Council, hardly be compatible with the dignity of the United Kingdoms and might, with regard to the Foreign Power, involve a danger that should be escaped. The Norwegian and the Swedish draft alike contain regulations enjoining upon the Consul the duty of obedience towards the Foreign Minister and the legation. Also in case the Consul should violate his duty of obedience, the proper consideration and regard for the position held by the Foreign Minister and the legation seem to demand the possibility for them to interfere. For this interference, however, such a form has been proposed that the decision of the Consul's conduct, of his remaining in office or his dismissal would be made by the King in the Cabinet Council of that country represented by the Consul.

In support of his standpoint that »a joint treatment of matters concerning the Consul's relations whether to the Foreign Minister, or the legations or the Foreign Authorities» must not occur, the Norwegian Cabinet Council refers to the contents of the report of the Consular Committee and quotes especially a passage terminating in these words. »But the very instructions to the latter (i. e. the consul) or the disciplinary steps that may be occasioned by the matter, belong to the internal consular management and must therefore be issued by the Norwegian department.» To this the objection should be made that the opinion of the Consular committee is naturally not binding to the Swedish Cabinet Council, and that besides the Norwegian Cabinet Council has itself given up the same opinion in granting in its draft the Foreign Minister and the legations, the right to address »injunctions» that the Consul cannot forbear to pay heed to. This seems to imply a giving-up of the claim that, in the diplomatic part of a matter, Norwegian consuls shall be exclusively subject to Norwegian authorities.

[-- -- --]

From the detailed statement given it may be gathered that the Swedish Cabinet Council considers itself neither bound nor, out of regard to the welfare of the Union, justified to cancel outright, in the way demanded in the Norwegian memorandum, the abovementioned paragraphs of its draft. This does not however imply that from the Swedish side alterations and modifications of the precepts proposed cannot be granted, but what is important in them must however be adhered to; and concerning possible modifications, which can be exactly stated only by continued negotiations, there is at present no occasion for entering into particulars.

[-- -- --]

10.

Record of Foreign Office affair, made before H. M. the King in the presence of H. R. H. the Crown Prince in Joint Cabinet Council at Stockholm Palace, on February 7, 1905.

His Excellency the Minister for Foreign Affairs gave, in all humility, an account of a humble report about terminating the negotiations for the establishment of a separate Consular service for Sweden and for Norway. In answer to the Foreign Minister's recommendation in Joint Swedish and Norwegian Cabinet Council of the 6th inst., this proposal had been made by Royal Norwegian Government on the same day, and a copy of it has been appended to this Protocol.

After having given an account of the contents of the report of the Norwegian Government, the Minister proceeded to say:

»The report of the Norwegian Government does not lead to any alteration of the recommendation[84:1] previously made by me. I venture however, to draw attention to the fact that, if it has been impossible to come to terms about the present question, the principal cause of it should be sought in the present arrangement for treating questions affecting the relations between the United Kingdoms and Foreign Powers. That this arrangement does not satisfy the positions of the two countries within the Union, has long been admitted.

In connection with what was expressed by all the Swedish and the Norwegian Cabinet Ministers who signed the above-mentioned document of March 24, 1903, I want therfore, to emphasize the desirability that the question as to arranging on other principles the management of Foreign affairs should again be taken up for negotiations between the two countries. I do not, however, find any reason now to make proposal as to taking steps to that end; I only refer to what I have previously advocated».

What the Minister had thus stated and recommended, was endorsed by the other members of the Swedish Cabinet Council.

The Norwegian part of the Cabinet Council referred to the Norwegian Government's humble report of the 6th inst. and proceeded to state that in its opinion a solution of the question at issue might, in the way expressed by the Swedish Cabinet ministers in the document of March 24, 1903, also have been found with the present arrangement for treating Foreign affairs. The Norwegian part of the Cabinet Council naturally agreed upon the opinion that this arrangement did not harmonize with the positions of the two countries within the Union. Whereas, however, the Minister for Foreign Affairs, on the plea of the document of March 24, 1903, had pointed out the desirability that the question as to arranging on other principles the management of Foreign affairs should again be taken up for negotiation between the two countries, the Norwegian part of the Cabinet Council could not forbear to hold forth, partly that the said document presupposed a solution of the question as an independent case, partly that, after the recent occurrences in the Consular question, the chances of further negotiations between the two countries, concerning the above-mentioned matters, were considerably clouded.

_His Majesty the King_ was hereupon pleased to dictate:

»In the present state of things I find Myself unable to take any other resolution than to assent to what has been recommended to Me by the Minister for Foreign Affairs. But I cannot forbear to express to My peoples My heart-felt desire that the two Kingdoms, united almost a century ago, shall never suffer any differences of opinion to endanger the Union itself. The latter is truly the safest security for the independence, the safety and the happiness of the Scandinavian Peninsula and her two peoples».

Upon this, the Norwegian part of the Cabinet Council stated that they, in all humility, had ventured to dissuade His Majesty from making this dictate.

In accordance with the recommendations made by the Swedish and the Norwegian Cabinet Council, _His Majesty the King_ was pleased to resolve that the commission entrusted to the Swedish and the Norwegian Cabinet Council in persuance of the King's resolution of December 21, 1903, shall not lead to any further steps, and also to decree that the Protocols of the Cabinet Council regarding this matter shall be published!

FOOTNOTES:

[84:1] In Joint Cabinet Council of February 6 the Foreign Minister had recommended that the task of negotiation, entrusted by the King to the Cabinet Councils of the two countries, should not lead to any further steps.

11.

The note of the Crown-Prince-Regent to the special committee of the Storthing. Dated February 28, 1905.

It is my wish to make the following declaration to the Committee. In these fatal days I feel it a necessity to open My heart to you and I do so now only in the capacity of Norway's Regent.

I fully understand the sentiments the Norwegian people, in these days, are animated with and that you as the loyal sons of the Fatherland in passing your resolutions will solely have in view the welfare of Norway. But what is Norway's welfare, nay, I say with the same emphasis, what is the welfare of both countries? I do not hesitate a moment to answer this question with the one word: Union.

It is therefore my sincerest hope and my strongest exhortation to you not to enter upon a way that leads to a rupture between the two peoples. It has so often been said that the dynasty tries to look after its own interests, but this is not true. The Union is not of paramount interest to the _dynasty_, but it should be so to the two _peoples_, for it is a vital condition for their happiness and future.

The Royal power has never tried to prevent Norway from obtaining her own Consular service. The only condition for the fulfilment of this desire is, and must be, that the relation to the joint administration of Foreign affairs should be arranged in a way securing the Union and that this matter regarding both countries cannot be definitively settled until after being treated in accordance with § 5 of the Act of Union. From My standpoint as the Regent of the United Kingdoms I can never act otherwise than as I consider useful to the existing Union to which I hold Myself bound to adhere.

An attempt has now been made on the way to partial reform, which I am sorry to say has been unsuccessful. But one should not therefore give up everything and enter into a way that, at any rate, cannot lead to the obobject preserved. But the logical consequence of this is to enter into new negotiations with Sweden on a larger basis. And to such negotiations on the basis of complete equality between the countries I declare Myself fully prepared to lend my assistance.

I consider it my imperative duty openly to hold forth to you the great dangers and the fatal consequences for each people to follow their own course. United, we have at any rate a certain power and importance in the European system of states but separated--how much the less the word of Norway or of Sweden would _then_ weigh! Therefore, may these peoples assigned by nature itself to hold together, also do so for the future!

When I see all this stand out clearly to My inward eye, you, too will understand with what sincere and intense, and heart-felt sorrow I consider thesituation we are in and the threatening turn matters now seem to take.

In conclusion I want only to add this: when you go to your task, do so with entirely open eyes and consider carefully _all_ consequences of your actions. Each one may act according to his best convictions! God leads the destinies of the peoples. May He give you and us all prudence so as to enter into the way that leads to the true welfare of the Fatherland and of the North.

I want this my address to be published.

GUSTAF

12.

Record of Justice-Department affair held at Stockholm Palace, on Wednesday the 5th of April 1905 before His Royal Highness the Crown-Prince Regent in Joint Swedish and Norwegian Cabinet Council.

[-- -- --]

His Royal Highness the Crown-Prince Regent declared:

»I have to-day summond you to Joint Cabinet Council in order to make the following address to you:

I herewith exhort the Cabinet Councils of the United Kingdoms, on both sides without an one-sided adherence to standpoints formerly held, to immediately enter into free and friendly negotiations concerning a new arrangement of all matters affecting the Union, upon the fundamental principle that full equality between the countries should be tried to be established.

The way which, in My opinion, ought to be chosen and in which, as far as I know, with a little good intention on both sides a solution of the difficulties satisfactory to all parties can be attained is this: Foreign Minister in common, be he a Swede or a Norwegian, responsible to both countries or to a joint institution; separate Consular service for each country arranged however, in such a way that the Consuls, in everything regarding the relations to Foreign Powers, should be under the Foreign Minister's direction and control.

If, in the course of the negotiations, another form could be found for arranging the affairs affecting the Union, always however with the preservation of the community in the management and charge of Foreign affairs, which is an indispensable condition to the existence of the Union, I herewith declare myself, prepared to take also this form into earnest consideration.»

Mr. Berger, Chief of the Swedish Justice-Department, made the following statement:

»In connection with what your Royal Highness has been pleased to declare and while emphasizing the desirability of opening further negotiations as to arranging the Union affairs, I recommend in all humility to request in persuance of § 5 of the Act of Union, a report from the Norwegian Government as to the proposition of opening such negotiations.»

What the president of the Justice-Department had thus stated and recommended, was endorsed by the other members of the Swedish Cabinet Council.

The Norwegian section of the Cabinet Council stated that, at present, it did not find any reason to give its opinion on the reality of the matter, but, with reference to § 15 of the Norwegian Constitution and to § 5 of the Act of Union, it confined itself in recommending the request of a report from the Norwegian Government.

His Royal Highness the Crown-Prince Regent was graciously pleased to decree that the Norwegian Government's report of the matter should be requested.

13.

Motion on the Union question in the First Chamber of the Swedish Riksdag.

According to notification made in the »Post-och Inrikes Tidningar» of April 6, this year, the Crown-Prince Regent has on the 5th of the same month in Joint Swedish and Norwegian Cabinet Council made the following declaration:

[-- -- --]

Whereas, through the exhortation thus addressed by the Crown-Prince Regent to the Cabinet Councils of the United Kingdoms, a suggestion of new negotiations has been made, which ought to be able to lead to such a solution of the Union affairs as may be approved of by both peoples, and whereas the present state of things seems to occasion the Riksdag to give already its opinion on the matter, we move,

that the Riksdag, in an address to His Majesty, may announce its
support of the declaration made by the Crown-Prince Regent in Joint
Swedish and Norwegian Cabinet Council on April 5th this year with a
view to bring about negotiations between the Swedish and Norwegian
Governments concerning, a new arrangement of the Union affairs.

Stockholm, April 12, 1905.

_Gustaf Ax. Berg._ _Gottfrid Billing._ _Gustaf Björlin._
_Hj. Palmstierna._ _Fredrik Pettersson._ _Gust. Tamm._
_R. Törnebladh._ _Wilh. Walldén._

14.

Motion on the Union question in the Second Chamber of the Swedish Riksdag.

The declaration made by the Crown-Prince Regent in Joint Cabinet Council of the 5th inst. and published the day after in the »Post-och Inrikes Tidningar», has given great satisfaction to us and certainly also to other friends of the Union, to whom the relation arisen between the sister countries after the failure of the consular negotiations, has caused a great deal of anxiety. That new negotiations if brought about, will have a decisive influence on the future of the Union, is obvious. The worth of the Union, as well as the prospect of maintaining it for a considerable time to come, depend upon the two peoples voluntary adherence to it in the conviction that the Union involves advantages well worth of those restrictions in each peoples absolute right of self determination as are necessarily conditioned by it. Again, the failure of the negotiations would evidently produce among the two peoples a general and settled opinion that an arrangement satisfactory to both cannot be found within the Union, and such a conviction is sure to undermine its existence.

Because of this, it proves to be of importance for the Riksdag not to pass in silence the suggestion of negotiations given in the above-mentioned declaration, but to second it, if found satisfactory.

It seems to us that the Riksdag should not hesitate to take the latter alternative, since the declaration, while holding in wiew the necessary communion in the management of Foreign affairs and in the two peoples' control of it, at the same time in consideration of its latter portion, has the bearing that it should not preclude the possibility to attain a solution satisfactory to both peoples.

On that account we beg leave to move:

that the Riksdag, in an address to His Majesty, may announce its
support of the declaration made by the Crown-Prince Regent in Joint
Swedish and Norwegian Cabinet Council on April 5th this year with a
view to bring about negotiations between the Swedish and Norwegian
Governments concerning a new arrangement of the Union affairs.

Stockholm, April 12, 1905.

_Carl Persson._ _Hans Andersson._ _Sixten von Friesen._
_Ernst Lindblad._ _D. Persson i Tällberg._ _K. H. Gez. von Schéele._
_T. Zetterstrand._

15.

The Norwegian Governments' report of April 17th 1905.

His Excellency Michelsen, Prime Minister, and Chief of the Justice-Department, has in all humility made the following statement:

In making this matter the subject of a humble report the Department desires to state: As is well known the Norwegian people have made a unanimous demand for the establishment of a separate Norwegian Consular service and have with equal unanimity asserted that the decision of this matter, as lying outside the community established between the countries through the Act of Union, should be reserved to the Norwegian constitutional authorities. For the treatement of this matter the Norwegian Storthing has appointed a special Committee and in the immediate future, this committee will prepare a motion that, in the present sitting of the Storthing, a bill be to passed with regard to the establishment of a separate Consular service.

Inasmuch as the scheme propounded in Joint Cabinet Council should be based on the supposition that the further advancement of the Consular question should, for the present, be deferred Norway's approval of such a supposition would, in the opinion of the Department be equivalent to giving up of the Norwegian people's unanimous desire to now see a just right carried through which is due to Norway in her capacity of a Sovereign realm and is secured in her Constitution, and for a reform requested with cumulative force by the development and the conditions of industry, instead of entering into negotiations between the countries, which, after renewed experience, may unfortunately be apprehended to prove fruitless or at best, to delay the realisation of the matter.

For there is no denying the fact that the scheme for negotiations now propounded is nothing new, but that similar schemes in the earlier history of the Union have repeatedly been tried in vain. The three Committees affecting the Union and made up of Norwegian and Swedish men, that in the past century, after previous treatment in 1844, in 1867, and in 1898 propounded schemes for new regulations concerning the mutual relations of the countries did not lead to any positive result. The report of the first Committee was in 1847 subject to a treatment on the part of the Norwegian Government, but was afterwards not favoured by the Swedish Government; the report of the second Committee, which did not give expression to Norway's equality in the Union was rejected by the vast majority of the Storthing in 1871 and in the third Committee no proposal of a future arrangement could obtain plurality among the Norwegian and the Swedish members.

With regard to the last-mentioned Committee we beg leave to draw particular attention to the fact, that all the Swedish members of the Committee certainly agreed upon founding the Union on the principle of parity and equality, inasmuch as they proposed that the Foreign affairs should be entrusted to the charge of a joint Foreign minister of Norwegian or Swedish nationality. But at the same time the two fractions wherein the Swedish members of the Committee were divided, proposed such an arrangement of the constitutional responsibility not only for those members of the separate Cabinet Councils of the countries, who at the side of the Foreign Minister take part in the treatment of diplomatic affairs, but also for the Foreign Minister himself, so that no member of the Norwegian Committee could in this respect support any of the Swedish schemes. In addition to the establishment of a joint Foreign Minister office, all the Swedish members recommended an extension of the constitutional community between the countries which no member of the Norwegian Committee could second and lastly, the scheme for a separate Foreign Office for each country which already was the expression of the opinion prevailing among the Norwegian people, could not gain any support from the Swedish side.

In this connection it should also be remembered that equally fruitless proved the negotiations about the arrangement of the ministerial Cabinet Council, carried on between the two Governments in 1885-86 and in 1890-91.

If thus the results of the above-mentioned efforts have been but little encouraging, this can, in a still higher degree, be said to have been the case with the negotiations just now terminated concerning questions connected with the establishment of a separate Consular service for each country. After these negotiations, brought about on Swedens initiative, had led to a preliminary agreement presupposing a separate Consular service for each country, subject to the home authority which each country decided for itself, and after this agreement had been approved of by the King and the Governments of the two countries in Joint Cabinet Council on December 21, 1903, the matter, as is well known, fell through owing to the so called bills of the same wording that were meant to regulate the relations between the separate Consular services on the one hand, and the Foreign Minister and the legations on the other hand. This negative result was attributed to the circumstance that from the Swedish side a number of demands were finally made and adhered to, which are partly considered as incongruous with the Constitution of Norway and with our rights as a Sovereign realm, partly would exclude what had been presupposed in the preliminary agreements viz. that the Consuls of each country should be subject to that home authority which each country decided for itself. Through this, a deep disappointment has arisen in Norway which, if strengthened by new unsuccessful schemes, will imply the greatest danger to the good relations between the two peoples which in a far higher degree than agreements laid down in treatises or juridical forms are the basis of the concord and the strength of both peoples.

Under these circumstances the Department finds it necessary to dissuade from entering into new negotiations on the Union affairs ere a separate Norwegian Consular service has been established. Not until this has been done, will the confidence return which is the condition of any friendly and successful consideration of embarrassing and delicate Union affairs, and the Department will then be able to recommend the opening of negotiations for arranging the management of Foreign affairs and of the diplomacy and about the present Union based on the Act of Union, and questions connected with this matter. But, if so, these negotiations must be carried on an entirely free basis with full recognition of the Sovereignity of each country without any reservation or restriction whatever and consequently also--in conformity with what occurred in 1898--embrace the arrangement proposed by the Norwegian side as to the establishment of a separate Norwegian and a separate Swedish Foreign Office administration in such forms as each country will consider necessary for its objects and interests. In harmony with this it should, besides, be agreed upon that, if also new negotiations should prove fruitless one must not return to _status quo_ so as to adhere to the present untenable state of Union affairs. There should be a binding presumption that the present state of things must not prevent either country from exercising its right of self-determination, but that instead each country can freely decide upon the future forms of its national existence. For not a coercive union but only the mutual confidence and feeling of solidarity of the free and independent nations can safeguard the future and the happiness of both peoples and the independence and integrity of their countries.

With reference to the above-mentioned statement endorsed in substance by the other members of the Cabinet Council, it is recommended in all humility:

that a copy of the present humble report made in Joint Cabinet
Council on April 5th this year, concerning new negotiations
affecting the Union may graciously be ordered to be delivered over
to the Swedish Iustice-Department.

16.

Record of Justice-Departement affair held at Stockholm Palace on Tuesday the 25th of April, 1905 before His Royal Highness the Crown-Prince Regent in Joint Swedish and Norwegian Cabinet Council.

[-- -- --]

Mr Berger, Cabinet Minister and Chief of the Swedish Justice-Department gave, in all humility, a notice of the Norwegian Government's humble report in consequence of the question raised in Joint Cabinet Council on the 5th inst. vith regard to opening new negotiations concerning the arrangement of the Union question; this report is appended to this Protocol.

After the chief of Department had given an account of the contents of the report, His Excellency Ramstedt, Prime Minister made the following statement:

»What in the Norwegian Governments report has been said about the reason why the latest negotiations, regarding the Union did not lead to any result, does not, in my opinion, now require a reply, but in this respect, I only refer to the Swedish Cabinet Council's declaration of January 30, 1905, appended to the Protocol made in Joint Cabinet Council on the 6th of February last.

In the declaration made by your Royal Highness on the 5th inst. and put on record, the Swedish Cabinet Council expected to find a method of settling the differences of opinion as to the Union affairs. Therefore the Swedish Cabinet Council gave its support to your Royal Highness's declaration.

The condition of the new negotiations, however, was, according to the same declaration, that the negotiations should embrace all matters affecting the Union and consequently also the Consular question.

Whereas now from the Norwegian side the thought of further negotiations is rejected, ere a separate Norwegian Consular service has been established and whereas besides, for eventual new negotiations, such a condition is made from the Norwegian side as incompatible with the Union and the Act of Union, it is obvious that negotiations on the basis indicated by your Royal Highness cannot now be opened with any chance of success».

This statement was endorsed by the other members of the Swedish Cabinet Council.

The Norwegian part of the Cabinet Council stated:

»The section of the Cabinet Council refers to the report of the Norwegian Government from which it appears that on the Norwegian side there is willingness to bring about negotiations between the countries on the conditions put forward in the report. It is also obvious from the report that from the Norwegian side the intention is not to try to dissolve the present Union. On the other hand, one finds it necessary to demand that such a dissolution should be within the bounds of possibility and that negotiations presupposing this eventuality with the consent of the Constitution authorities of both countries, should be compatible with the Act of Union.

Under these circumstances, however, the section of the Cabinet Council that negotiations concerning the Union affairs cannot, agree for the present, opened with any chance of success.»

His Royal Highness the Crown-Prince Regent was hereupon pleased he to declare:

»Whereas the Norwegian Government has unfortunately been unwilling to accept my proposition of new negotiations concerning all the affairs affecting the Union, I must, while sincerely regretting it, let the matter abide by the declarations made by the Cabinet Councils.»

17.

The Riksdags address to the King on the Union question, on May 15, 1905.

TO HIS MAJESTY THE KING.

In both Chambers of the Riksdag resolutions have been submitted with the object of expressing, in an address, to your Majesty the Riksdag's support of the declaration published in the »Post-och Inrikes Tidningar» and made by the Crown-Prince Regent in Joint Swedish and Norwegian Cabinet Council on the 5th of April last.

This declaration is to the following effect:

[-- -- --]

The Riksdag realizes to the full the importance of this declaration of the Crown-Prince Regent, as involving a possibility of bringing about a new satisfactory arrangement of the Union affairs.

It is therefore with an expression of regret that the Riksdag has learned from the publishment of the Protocol drawn up in Joint Swedish and Norwegian Cabinet Council on the 25th of April last, that negotiations founded on the basis indicated in the above-mentioned declaration of the Crown-Prince Regent cannot now be opened with any chance of success.

Although thus the question of such negotiations seems to have been dropped for the present, the Riksdag, however, considers itself bound to express its opinion on a question of such a far-reaching importance as the present one, and consequently the Riksdag has resolved to announce herewith its support of the declaration made by the Crown-Prince Regent in Joint Swedish and Norwegian Cabinet Council on April 5th this year, and recommending the opening of negotiations between the Swedish and Norwegian Governments concerning a new arrangement of the Union affairs.

Stockholm, May 13, 1905.

With all loyal veneration.

18.

The resignation of the Norwegian Government. Dated Christiania, May 26, 1905.

TO HIS MAJESTY THE KING.

In case Your Majesty should find yourself unable to acquiesce in the Norwegian Government's recommendation to sanction the Storthing's resolution for the establishment of a separate Norwegian Consular service, we venture, in all humility, to apply for permission to immediately resign our posts as members of Your Majesty's Cabinet, since none of us well be able to countersign a resolution considered by us as noxious to the country. A rejection of this unanimous recommendation of the Government concerning a Norwegian law unanimously adopted by the Storthing and issued by the whole Norwegian people to be carried through cannot, in our opinion, be grounded on regards paid to the interests of Norway, but would involve an abnegation of the Sovereignity of the country, and would be a manifestation of a personal Royal power in opposition to the Constitution and to constitutional practice.

Christiania, May 26, 1905.

19.

Report of the Cabinet Council held in Stockholm May 30th 1905, given by the Norwegian Section of the Council.

To the President of the Norwegian Government.

The Section of the Cabinet Council herewith presents the following report.

In the Cabinet Council held by the King at the Royal Palace in Stockholm on May 27th the Norwegian Government presented their proposal respecting the sanction of the Storthing to the Norwegian Consular law. After which the members of the Section expressed their unanimity respecting the proposals, and urgently appealed to the King to sanction them. They emphasized the reform in question for the development of the country in a national and economical respect, which was unanimously approved of both by the National Assembly and also the whole of the people of Norway. There might be many differences of opinion and divergencies on various public affairs, but in this case, there was complete unanimity among all parties and communities. The Storthing, in conjunction with the government, had omitted from the law such questions as might have reference to the points that touched upon the Foreign and Diplomatic administration and dealt with the Consular question alone.

Therefore it was thought that all cause of opposition would, on this side, be removed. It was therefore the nation's sincere hope, that His Majesty would graciously incline to their appeal.

The King

thereupon read the following reply.

»The Crown-Prince as Regent in a joint Cabinet Council on the 5th April has already pointed out the only way, in which this important matter can be presented, and all difficulties thereby be removed, that is, by negotiation. I give this decision my entire approval, and do not find the present moment suitable for sanctioning the law, which implies a change in the existing partnership in the Consular Service, which cannot be dissolved except by mutual agreement. The present regulation is established in consequence of a resolution in a Joint Cabinet Council, and therefore a separate Consular Service cannot be established either for Sweden or for Norway before the matter has been dealt with in the same Constitutional forms prescribed by the Act of Union § 5. In refusing now to give My sanction to this law, I am supported by §§ 30 and 78 in the Constitutional law, which give the King this right. The equal love I bear to my two peoples, makes it my duty to exercise this right.»

The Section of the Cabinet Council resolved first to institute further negotiations in the Cabinet Council in Christiania, in order that His Majesty might deal with this important matter, which might lead to a serious crisis in the government then in office.

The King

declared Himself unwilling to assent to this appeal and pointed out that the Norwegian government's proposal was received and dealt with.

Thereupon the Section of the Cabinet Council made the strongest representations in reference to His Majesty's decision, which would rouse complaints in Norway, where they had hoped that the persistent and loyal efforts to solve the problem through negotiations with Sweden, would have led to happy results in reference to the rights and claims of the Kingdom. In this case Norway's interests in the Union were equal with those of Sweden. For that Norway's rights were respected, was a necessary condition for a safe guarantee of the Union. A resolution after His Majesty's decision against the unanimous proposal of the government, and after a declaration which was given with Norwegian advice, would have incalculable results. It was in conflict without Constitutional law, it was denial of the right according to fundamental law of independent decision on the matter, and a violation of its liberty, independence, and Sovereignty. It would inevitably lead to the dissolution of the Union.

The Section of the Cabinet Council further stated that no member of the present Council would countersign such a resolution, and thus give it constitutional legality. They must therefore tender their letters of resignation.

His Majesty the King

then read the following reply:

»As it is evident to Me that a new government cannot now be formed I cannot consent to he resignation of the Ministers.»

Furthermore His Majesty referred to the Constitution § 30, and affirmed that the Ministers had now dutifully »expressed their opinions with boldness», and »made strong representations» against His decision; therefore they were free from responsibility. But the same paragraph reserved to the King the right to make his decisions, »according to His own judgment.» He was therefore entitled, according to fundamental law, to make the above mentioned decision, and it was the duty of the Ministers to draw up and countersign the protocol respecting the negotiations and agreements on the matter.

The Section of Ministers hereupon alleged that according to the Constitutional law § 15 the Prime Minister was the responsible executive for the accepted resolutions. Until the decision had been countersigned, it was not obligatory; a report could, naturally, be given of the negotiations, but not the customary protocol, including also a Royal decree.

Countersignature implied responsibility for the King's decisions, but in this case the government could not take that responsibility. It was prescribed in the Constitution § 31 for all commands issued by the King (except affairs relating to military orders). But this conclusion was not a regular rule for the members of the Cabinet; it was a prescription for the forms to be observed in order to give a command legal validity. Occasions might therefore occur when it was not only right, but also a duty to refuse countersignature. The Section of the Cabinet Council had appealed to the Justice-Departement for enlightenment on the subject, and they knew that there had been several occasions when the Norwegian side had maintained the same opinions as those now presented.