It is clear that these accusations especially touched matters in the negotiations, of which outsiders cannot, of course, form a quite distinct opinion. Meanwhile it would not be impossible to gain an idea of the breadth of the case on the grounds of the statements of the Cabinets, the references in the papers, and the debates in the Swedish Diet and the Norwegian Storthing.
The matter that first demands our attention is the communication of the Swedish Cabinet dated Jan. 30:th 1905, in which it is distinctly declared that, when the Norwegian Cabinet had assumed that its proposition of the 28:th May 1904 would, without any alteration worth mentioning, be accepted by the Swedish Cabinet »it would find no support from admissions either of the Swedish Cabinet or its delegates.» Now, there were hardly any negotiations between the governments concerning the contents of the Consular laws till the time when the first definite Norwegian proposition was presented. The agreements which the Norwegian Cabinet considers would more nearly refer to the negotiations before the origin of the Communiqué, to the feigned conclusions of which the Norwegian government tried to attach the greatest importance. What was the character of these negotiations in relation to the contents of the proposed laws? They were in reality free discussions, during which the contents of the deliberations of the Consular Committee were inquired into. They were regarded by the negotiators themselves as a »preliminary», as the first preparatory step to negotiations, and that the results of many points were indistinct, is evident, as the Swedish Cabinet gave to understand that, on one or two occasions before the origin of the Communiqué, fresh negotiations were proposed, but in vain. The preliminary act of agreement to which the Norwegian Council referred, seems to have involved one or two particular points to which they firmly adhered, especially the one concerning the power of the Foreign Minister to give direct orders to the Consuls: in all the rest, they confined themselves to a general impression that there was a prospect of their agreeing. According to the authenticated assertion of the Swedish Cabinet with respect to the protocol, the materially new claims as the Norwegian Cabinet styled them, had been touched upon in their debates, though not even a preliminary agreement had been decided on, either with respect to them or any of the other points of the question. It is a generally understood fact, not even disputed on the Norwegian side, that his Excellency Boström brought forward casually several of the questions which afterwards raised so many disputes, and reserved to himself the right, later on, to shape his opinion on points to which be made objections. After first dealing with the deliberations of the Consular Committee, they proceeded to debate on the terms of the agreement, and during this last stage of the negotiations the contents of the intended laws were discussed only by special delegates from the two Cabinets[45:1].
Mr Lagerheim was uncontradicted by the Norwegian side when he explained in the Swedish Diet that in all these preliminary negotiations respecting the contents of the laws, matters concerning them, »must be subjected to further examination of a very minute and exhaustive nature».
According to just reasoning, it is therefore rather audacious of the Norwegian side to cite these preliminary negotiations, to which they also add a decided admission on the part of Sweden, and on which they build the accusations against the Swedish government, and especially Mr Boström of breach of agreement[45:2].
With reference to the connection of these negotiations with the Communiqué and its interpretation, it is firstly clear that neither the Swedish nor the Norwegian government had from the first intended by the Communiqué to cut off the possibility of pursuing, from different quarters, the points on which they had not expressed themselves to be in unity. And secondly, it is plain that by the same Communiqué it was not intended to cut off the possibility of advancing claims which during these very formless negotiations had not been brought forward, so long as the general decisions of the Communiqué, sensibly interpreted, were observed.
To this may be added one important circumstance. It is manifest that if it was considered necessary to come to some definite conclusion before the existence of the Communiqué, it was on account of the binding nature of the final agreement. It is evident that the Swedish government has endeavoured to secure the surest guarantee from a Swedish point of view, that Norway, of her own accord, would make no changes in respect to the Foreign Administration. Now the negotiation on the vital contents of the laws, were succeeded by this, and there is strong reason to suppose that the Swedish negotiators expressed their hopes of an eventual termination of the negotiations with respect to the detailed decisions of the laws, under the express supposition that safe guarantee would be granted by the Norwegians, against a one-sided disturbance of the Status quo in reference to the Foreign Minister. As meanwhile, through the interpretation which the Norwegian side chose to give the Communiqué, these — to Sweden — very desirable guarantees became an illusion, it may very reasonably be asked if the Norwegian side was entitled to exact too much from the Swedish delegate’s possible optimism respecting the prospects of coming to a definite conclusion on the rest of the points.
Further demonstrations for the manifestation of the baseless grounds of the moral indignation which was eventually to give the Norwegian revolution an essential justification before an enlightened public, are unnessary. The terrible breach of agreement, on the part of Sweden, which was trumpeted all over Europe, on closer examination, vanishes into thin air.
[41:1] Nansen (page 76): »The Swedish draft contained a number of demands quite unacceptable to Norway as they were opposed to the very basis and object of the negotiations.»
[45:1] Different drafts of laws were especially to be discussed in this way. These outlines are, however, characterised by the ever well informed Norwegian politician Mr C. Berner as »quite preliminary».
[45:2] In an earlier stage of the negotiations, the Norwegian Cabinet were evidently not under the impression that the most important of these preliminary negotiations was brought to a successful conclusion. C. Berner says — in the Storthing debate Feb. 13th 1904 — he had heard both from Norwegian and Swedish negotiators that to frame this laws in a quite satisfactory manner would be a very difficult thing.