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.

The Swedish-Norwegian Union Crisis A History with Documents · 第 44 / 51 题