3.

Preliminary settlement of the Consular question between members of the Swedish and the Norwegian Cabinet Council, on March 24, 1903. (The so-called Communique).

The negotiations carried on in Stockholm during the last months of October, December, and January between the members of the Swedish and the Norwegian Government here subjoined, and regarding the Consular question, have been continued in Christiania during February and March.

During these negotiations the Swedish members maintained that the establishment of a separate Consular service for each of the United Kingdoms did not seem to them desirable in itself, and that they were not convinced that a dissolution of the existing community, in this respect, would convey any important practical advantages to either of the Kingdoms. On the contrary, there were reasons to apprehend lest this arrangement should lead to inconveniences.

Whereas, however, an opposite opinion has long been upheld by Norway and whereas, during the negotiations resulting from the report of the latest Consular committee made up by members from both countries, it has turned out not to be impossible to arrange, on certain conditions, such a system with separate consuls for each Kingdom as could, while it was meant to satisfy the desires expressed by Norway, also remove the princ.i.p.al apprehensions on the part of Sweden, the Swedish negotiators in order to attain the most important advantage of political concord between the two Kingdoms, have found it possible to recommend an agreement on the following terms:

1. Separate Consular services for Sweden and for Norway shall be established. The Consuls of each Kingdom shall be subordinate to the authority of their own country which the latter shall have to determine.

2. The relations of the separate consuls to the Minister for Foreign Affairs and to the Emba.s.sies shall be regulated by laws of th seame wording which cannot be altered nor abolished without the consent of the authorities, of both Kingdoms.

The Swedish negotiators have added to this that they realise in full and acknowledge that the position held for the present by the Minister for Foreign Affairs, does not correspond to the equality within the Union that Norway is ent.i.tled to claim. They have held forth the desirability of this question being made an object of negotiations, which, however, at present has not met with approval on the part of Norway. They have, however, declared themselves prepared to advise the King, whenever such a desire is expressed on the side of Norway, to lay before the Riksdag and the Storthing a proposition about such alterations of the Act of Union as can clear the way for the King to appoint a Swede or a Norwegian-Minister for Foreign affairs and render it possible to inst.i.tute the minister's const.i.tutional responsibility before the national a.s.semblies of both Kingdoms.

To this the Norwegian negotiators have answered that they naturally concur in the opinion that the existing arrangement for the administration of Foreign affairs does not agree with Norway's justified claims on equality within the Union. It was therefore all the more evident that, on the part of Norway, no regulations could be accepted that were meant to bind it to this arrangement. At the same time, however, they wanted to express the hope that the question about a satisfactory arrangement of the administration of Foreign affairs might soon be made an object of negotiations between the Kingdoms.

When the present negotiations had been carried on by Norway under the supposition that the question about a change of this unsatisfactory state of things should be left untouched, it had been done so out of regard to the fact that the opinions about the best way of correcting this state of things were so different in the two countries that, for the present, an agreement could not be expected.

We Swedish and Norwegian negotiators, having thus been confined to try to bring about such an arrangement of the Consular question as will leave _status quo_ undisturbed with respect to the position of the Minister for Foreign affairs and of the Emba.s.sies, have agreed upon that the relation between the Minister and the Diplomacy on the one hand, and the separate Consular Services on the other, should be regulated by laws of the same wording which cannot be altered by one of the parties alone and which both shall guarantee that the Consuls do not overstep the limits of their authority and at the same time shall add security to the necessary co-operation between the management of foreign affairs and the Consular Services of both Kingdoms.

In conclusion we also want to express the hope that the time shall not be remote when, by conciliatory advances on both sides, the question of arranging the management of Foreign affairs can be made an object of negotiations and find such a solution as can produce satisfaction in both countries and enduringly secure the futurity of the Union.

FOOTNOTES:

[73:1] These enactsments show plainly that the Act of Union only recognizes the Swedish Minister for Foreign affairs as the leader of the Foreign Policy of the Union.

4.

Extracts from the Norwegian Government's draft of laws of the same wording in order to regulate the relations between the Minister for Foreign Affairs and the legations on the one hand, and the separate Consular services of the two countries on the other hand. Dated May 28, 1904.

I.

The Consular administration by which is understood the authority the Consuls are subordinate to, has to inform the Minister for Foreign affairs of:

a) the establishment, the suppression, the alteration, or the division of Consular Services, the appointement or employment of Consuls, their power of attorney, leave of absence, suspension, recall, or discharge:

b) the general regulations and precepts issued with regard to the Consular Service;

c) measures particularly regarding the relations to Foreign Powers, as e.

g. regulations to be observed by Consuls in time of war; orders to, or proceedings against Consuls owing to complaints lodged by a Foreign Power against their actions; instructions to Consuls as to the interpretation and the application of international laws or agreements and as to matters simultaneously subject to Diplomatic and to Consular treatment.

III.

Of matters that have a.s.sumed or may be antic.i.p.ated to a.s.sume a diplomatic or political aspect and that seem to require a speedy decision, the Consul has to send the Minister for Foreign affairs an exact statement.

This proceeding shall particularly be observed in case of an infringement of international agreements; of obstacles raised by the local authorities to the Consul's discharge of his official duties; of troubles for warships in foreign ports; of illegitimate confiscation of traders; of arbitrary imprisonment of citizens; of difficulties originating from outbreak of war or insurrection; and of reclamations already committed to diplomatic treatment, but requiring a speedy acquirement of additional information.

In matters of this kind where there is reason to apprehend lest a negligence of immediate interference should convey considerable inconveniences, the Minister for Foreign affairs can make direct inquires of, and give direct injunctions to a Consul concerning the diplomatic or political side of the matter.

The Consul must not refuse to submit to an inquiry or an injunction addressed to him by the Minister for Foreign affairs, because of finding the matter in question not to be of the kind alluded to above.

IV.

When the interest of the country or its citizens require being looked after, the legation is ent.i.tled 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 pa.s.sage of -- 3 should be applied.

5.

Extracts from the outlines for laws of the same wording drawn up by His Excellency Bostrom, 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 versa_, 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 circ.u.mstances, 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.