IV.

[Sidenote: _The reception of the Communiqué in Sweden and Norway._]

Even without taking into consideration the indistinctness that was

supposed to characterise the Communiqué, its general contents roused no

unanimous approbation. In the Swedish Diet in May 1903, during a debate,

serious doubts were rife, and it was emphatically declared that the

Consular Question must be solved simultaneously with the Foreign Minister

Question as resolved by the Diet in 1893. The Second Chamber (lower Home)

was more leniently inclined towards the negotiations, but it nevertheless

referred to the resolution of 1893.

Nor did it get a promising reception in Norway at first. It was known

there that one of the chief stipulations of the negotiations had been the

cessation of the agitation for a separate Minister of Foreign affairs.

Meanwhile after the publication of the Communiqué, the Norwegian Radicals

immediately expressed their opinions at their large meeting by again

solemnly entering this old claim on their party programme.

However when the agitation for a new election for the Storthing was

started later on in the year, there was a strong inclination towards

negotiating, and even BJÖRNSON, among others, warmly advocated the cause

of the negotiation programme, and that too, in opposition to the Radical

Minister BLEHR, who, though having introduced the negotiations, was

suspected of being but a lukewarm partisan to the cause. The party for

negotiation conquered, and was in the majority in the Storthing, though

not in great numbers. The issue could scarcely be attributed to the

Swedish proposal alone, but also in no slight degree to the miserable,

impoverished condition to which the country had been brought by the old

Radical government. Mr BLEHR resigned in the autumn 1903, after the

elections. Professor HAGERUP, the leader of the Conservatives, then

became Prime Minister at Christiania in companionship with D:r IBSEN as

Prime Minister at Stockholm. The old Radical party retired from the

leadership, but exercised, by its criticising, suspicious attitude, a

powerful influence on the progress of the negotiations, and that too, in

no favourable direction.

[Sidenote: _Negotiations on the basis of the Communiqué._]

In a joint Council held on 11th Dec. 1903, the Cabinets of both Kingdoms

were commissioned to resume negotiations on the Consular question, on the

basis of the Communiqué. They were carried on slowly during the Spring

1904, but it was not till May that the first official break in the

proceedings was made by Mr. HAGERUP presenting to the Swedish government

the Norwegian gouvernment proposal for identical laws.

[Sidenote: _The problem of the relations of the Minister of Foreign

affairs to the Consular service._]

It was clear that the chief point of the question should concern the real

authority to be exercised by the Minister for Foreign affairs over the

Consuls in diplomatic matters. It must necessarily be the chief interest

of the Swedish government to insure a guarantee for this. It was partly a

purely practical matter, that the Minister for Foreign affairs, who was

responsible for the relations of both Kingdoms to Foreign powers, should

be able to exercise an efficient control over all matters in any way

connected with the Diplomatic service. And it was also necessary to

hinder the Norwegian Consular service, in its progressive development,

from acting in the direction of a division of the Foreign administration

within the Union.

The practical necessity of strict co-operation between the Foreign

Service and the Consular Service had previously been acknowledged in

Norway on certain sides. It may thus be of interest to recall the strong

efforts that were made by the Norwegian majority in the latest Union

Committee, to emphasize the importance of having the consuls under the

direct control of the Minister for Foreign affairs and Envoys in all

matters which are likely to assume a diplomatic character. The same

conclusions may also be drawn from the plan of some Norwegians to solve

the Consular question, by arranging for the separation of the mercantile

part of the joint Consular service, while the diplomatic part remained

intact[30:1].

But the problem now presented a somewhat different aspect from the one

it had for the Norwegian Majority of the last Union Committee, for it had

postulated a Union Minister of Foreign affairs. And, undoubtedly, a

deeper penetration into questions it included, had made clearly manifest

the impossibility of drawing a distinct line between the diplomatic and

mercantile functions of the Consuls. The question, for instance, now

arose, as to whether a Norwegian civil official, in certain cases, would

be subordinate to a Swedish Minister. In the face of this problem, the

Norwegians on their part lost sight of the real points at issue in a most

remarkable way. In the Consular Committee's deliberations, Norwegian

opinion on the question of subordination, that it would be an »anomaly»,

in conflict with the spirit of the Norwegian Constitution etc. etc. made

it evident that the Swedish claim would come into collision, on the part

of Norway, with the formal respect to which the abstract demand of State

Sovereignty, viewed logically, is entitled.

From this conflict, the Swedish government had no duty, nor even the

right to withdraw without protest. Facts are of more importance than mere

forms. The evasive talk of the »spirit» of constitutional law, and the

administrative anomalies could not be decisive. Many events both in

public annals and administrative legislature are very illogical, and very

great anomalies. The main fact which the Swedish government had to hold

in view, was this, _that the responsibility of the Swedish Minister of

Foreign affairs, for the joint Foreign policy of the two Kingdoms, must

presuppose a fully effective administration of the same in all its

branches_.

[Sidenote: _The Norwegian proposal. May 1904._]

The Norwegian proposal of the 28th May 1904 showed that the views of the

Swedish governement could not entirely be ignored. According to this

proposal[31:1] the Consular administration in Christiania should

regularly inform the Minister of Foreign affairs of nominations, orders

issued etc., etc. which it would be of importance for him to know.

Furthermore, when an affair seemed likely to assume a Diplomatic

character and required immediate treatment, the Consul should send the

report directly to the Minister for Foreign affairs, and the latter,

under similar conditions, would give direct instructions to the Consul.

Ambassadors were also empowered to give orders to the Consuls, but on no

account to exceed the instructions given by the Norwegian Authorities.

This was undoubtedly something, but manifestly not much. The connection

between the Diplomatic Service and the Norwegian Consular administration

was very unsatisfactorily provided for. There was no guarantee whatever

that the orders of the Norwegian Consular administration would not come

into conflict with those of the Minister for Foreign affairs, a

deficiency so much the more serious as the Act § 1--c allowed the

Norwegian Consular administration rather extensive powers of more or less

diplomatic significance, for instance, that of giving instructions to

Consuls respecting the regulations of International Law.

Furthermore it was deficient of any provisions that would entitle the

Minister of Foreign affairs and the Ambassadors to the authority to

secure a guarantee, by strict control, that the Consuls would not

compromise the Foreign administration, and, in fact, there was good cause

for declaring from the Swedish side, »that the proposition includes

scarcely any rules calculated to secure the guarantee referred to in the

Communiqué, that the Consuls would not exceed the proper limits of their

office», and _was therefore in that respect not in accordance with the

acknowledged principles of the Communiqué_.

[Sidenote: _Mr Bostrom's Conditions._]

From what has been already stated, it seems that in the Swedish Cabinet

there were divided opinions. But the Government was unanimous in not

accepting the Norwegian proposal, and even in the summer of 1904 it must

have been evident to the Norwegian Council, that the Swedish Cabinet cil

would not in any essentials comply with the Norwegian proposal. But the

question was not thoroughly discussed by the Swedish Cabinet in pleno,

till the autumn.

During the autumn Mr LAGERHEIM resigned on the grounds of difference of

opinion with the Prime Minister, though the real cause of his resignation

was said to have no direct connection with the Union negotiations. In

November His Excellency Mr BOSTRÖM went to Christiania and presented his

conditions, as to which the Swedish Cabinet had declared its approval if

the Norwegian government would approve of them[33:1]. These conditions

stipulated among other matters, that no orders should be issued from the

Consular Office that would come into conflict with the commands of the

Minister of Foreign affairs; that, if a Consul acted in any way likely to

disturb the relations between the United Kingdoms and the Foreign Powers,

the Minister of Foreign affairs could send in an appeal to the King,

recommending his dismissal; that the Ambassadors, in certain cases,

should also be empowered to suspend the Consul from his Office[33:2].

After personal consultations in Christiania His Excellency Mr HAGERUP

made a written statement of his objections.

[Sidenote: _Mr Hagerups Reply._]

In this, and the ensuing interpolations on the Norwegian side, the

Norwegian system of conducting negotiations appears in its typical

manner. Of real facts and reasons there is not a trace. For instance,

though the Norwegian majority itself, in the last Union Committee,

emphasized the danger of separating the Consular Service from the

Diplomatic administration, Mr HAGERUP does not make the slightest

acknowledgement that interminable practical difficulties would be the

results of acceding to the Norwegian proposition. Neither is there a

single proposal, which, from a Norwegian point of view, would be

acceptable, to make decisions that might in any possible degree remedy

the deficiences. On the contrary, Mr HAGERUP mentions that such decisions

would be calculated to stamp Norway as a dependency, according to

international and common law principles, and declared that from a

national point of view, it indicates a very great retrogression on the

present arrangement of the Consular Service[34:1]. In this, he forgets

that Mr BOSTRÖM'S conditions refer to exceptional decisions and do not

touch the Norwegian Consul's normal position as being a Norwegian civil

Official, and he omits to observe that the interference of the Diplomatic

Officials with Consular affairs, as proposed by Mr BOSTRÖM, would very

seldom occur.

[Sidenote: _The Swedish Government's proposal._]

It is, meanwhile, easy to understand that Mr BOSTRÖM'S demand, that the

King, on the Swedish Minister's representations, should be empowered to

dismiss a Norwegian civil official, would deeply injure the Norwegian

susceptibilities, and that it was therefore quite possible to be blind to

the fact that the Swedish Minister was also responsible for Norway's

Foreign politics. When therefore His Excellency Mr HAGERUP went to

Stockholm for further discussions, all the rest of the Swedish Ministers,

as will be seen, were ready to present a Swedish proposal[34:2] for

identical laws modified especially to meet the sensitive point.

The demand that the Consular Office should not issue orders in conflict

with those given by the Minister of Foreign affairs, remained, but it

naturally did not necessarily imply a formal subordination, as the

Minister could not give orders directly to the Consular Office. Further,

the decision remained, that the Ambassadors could, on especial occasions,

suspend the Consuls from their office, but this decision need not

necessarily offend the Norwegian susceptibility, as the Ambassadors,

though more directly under the influence of the Minister for Foreign

affairs, are nevertheless, according to the Norwegian legal point of

view, not only Swedish Officials, but Officials of the Union[35:1]. On

the other hand, the form for the interference of the Minister for Foreign

affairs with the Consuls was modified in a way which showed great

consideration for Norway; thus when a Consul had compromised the United

Kingdoms, the Minister of Foreign affairs was to bring the matter before

the joint or the Ministerial Council, after which it was laid before the

King for decision at a State Council especially dealing with the affairs

of that State.

[Sidenote: _The Norwegian government's Ultimatum._]

What reply now does the Norwegian government give to these apparently

perfectly fair and moderate demands?[35:2]

It declares that it »stands to reason» that the Norwegian Consular Office

would not issue orders in conflict with those of the Minister for Foreign

affairs, and remarks that it is not very appropriate in a form of law, to

presuppose want of loyalty in a Public Office[35:3]. If the Swedish

proposals had been accepted, the Norwegian Consular service would have

been very largely placed under the control of the Foreign Minister, who

is constitutionally a Swedish Minister. It claims for other more

important points the unsuitability of a »hierarchal» relation between

Swedish and Norwegian officials, and several times cites the decisions of

the Consular Committee, the one-sided formal views of which the

Norwegian government itself had abandoned. But when the Norwegian

government intends offering other guarantees of cooperation between the

Minister for Foreign affairs and the Norwegian Consular Office, and that

the Consuls shall not exceed the limits of their duties, it has only to

refer to the loyalty of the Norwegian Consular Office, and its interest

in keeping Norway from being compromised abroad, guarantees, which, of

course, have their significance, when reliable, but manifestly are not of

the legislative binding nature intended by the Communiqué. Finally the

Norwegian government declares these and sundry other Swedish conditions

unacceptable, and adds, that »if they should be adhered to further

discussion the Swedish draft about would be useless»[36:1]. Really a

formal ultimatum!

[Sidenote: _The Swedish government's reply._]

Before the Swedish government replied to the Norwegian government's

Ultimatum, the critical attitude of the Consular negotiations became the

subject of debate in the Lower Chamber of the Swedish Diet, and from the

liberal party's side, a strong appeal was made to the government to try,

if possible, to avoid any interruption of the negotiations. The reply of

the Swedish Cabinet is dated Jan. 30th 1905[36:2]. Its tone is one af

decision tempered with undoubted moderation and good-will. The Cabinet

firmly maintains the real grounds of the disputed claims. It especially

emphasizes the importance of the Minister for Foreign affairs having the

power in exceptional cases to interfere in Consular matters, as the

limits between the Diplomatic and Consular operations are exceedingly

indistinct and, on both sides, there is a natural tendency to extend

operations into departments that had previously been considered as

belonging to the other party. The reference, made by the Norwegian

Cabinet, to the Consular Committee's resolution that the Norwegian

Consuls should be entirely under the control of Norwegian authority, was

met by the Norwegian Cabinet's own admissions, that the Minister for

Foreign affairs should be authorised to give the separate Consuls

instructions, and, herewith the claim that, in the Diplomatic branch of

affairs, the Norwegian Consuls should be solely under the control of

Norwegian authority may be considered void. Furthermore it points out the

unsatisfactory attitude of the Norwegian proposal with reference to the

guarantees presupposed by the Communiqué that the Consuls shall not

exceed the proper limits of their duty, and the objection made only on

Norway's side, that the best guarantee would be the control exercised by

the Norwegian Consular Office, is met on the grounds that a guarantee of

that kind was not intended in the Communiqué, as it had nothing to do

with the internal relations between Norwegian Consuls and the Norwegian

Consular Office.

On the whole the Swedish Cabinet maintains its claims, but it offers to

modify them, if they can be proved to be in conflict with the provisions

of the Communiqué. Furthermore the possibility is not excluded, of making

on other accounts changes and modifications in the proposed resolutions,

but their essential items must »be adhered to». The Cabinet does not

consider itself entitled, in the interests of the Union, unconditionally

to refuse the points designated by the Norwegian Cabinet.

[Sidenote: _The Norwegian government breaks off negotiations._]

To this document from the Swedish Cabinet, is immediately despatched the

reply, »that the Norwegian Cabinet finds no grounds for further

communication on the matter.»

The Swedish-Norwegian Union Crisis A History with Documents · 第 29 / 51 题