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 a.s.sert 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 circ.u.mstances, 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 inst.i.tution 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 circ.u.mstances 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 pa.s.sage 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 princ.i.p.al 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 doc.u.ment 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 doc.u.ment 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 doc.u.ment 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 doc.u.ment 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 a.s.sent 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 pa.s.sing 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 a.s.sistance.

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 a.s.signed 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! G.o.d 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 inst.i.tution; 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.