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.
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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.