The Swedish-Norwegian Union Crisis / A History with Documents

by Karl Nordlund

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.

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.

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.

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.