The Consul question. The Consular Question is a red thread running through the history of the Union struggles during the last fourteen years—

The change in the Swedish Constitution of 1885. The Norwegians on their part in attempting to defend the way in which the Left Side started the Union Policy in the beginning of 1890, always allude to what happened in Sweden in 18858:1.

What was it then that happened in 1885?

Norway’s attitude to the same. By the amendment of the Swedish Constitution, the Prime Minister was also in the Ministerial Council (for Foreign affairs), so that the Council instead of having only two members, ever after had three, the object being to guarantee that the Cabinet Council should be more fully represented in they the in administration of Foreign affairs. Now, as previously mentioned, by a Royal Decree in 1835 the Norwegian Prime Minister at Stockholm was admitted into the Ministerial Council when foreign affairs affecting the two Kingdoms were negotiated. Thus Norway by the proposed Constitutional amendment was supposed to occupy a somewhat more unfavourable position than formerly. But Sweden immediately offers a more extended representation in the Council for Foreign affairs, which offer, however, is, for some inexplicable reason, refused by Norway on formal grounds. In the year 1891 this offer was renewed, but then the majority on the Left Side of the Storthing finds a very excellent reason for refusing the proposition, by pointing out, that the Swedish Council in motioning towards the proposed amendment in the Act of Union (not in the proposed paragraph itself) maintains the stand-point that Sweden’s leadership in the administration of Foreign affairs is founded on legal right9:1.

But something else is said to have happened in 1885, which was not discovered by the Norwegian side till several years later, and which, being exposed by the Norwegian agitation in these days, offers to we Swedes the delights of novelty. Formerly foreign affairs were supposed to be administered chiefly by the Swedish King personally, and the Minister for Foreign Affairs is said to have stood in a more personal relation to the King. Foreign Affairs under such circumstances were supposed to be more impartially treated, so that even Norway’s lawful interests could receive due attention. But by the amendment of the Constitution of 1885 the Swedish Foreign Minister would be entirely subservient to Swedish Parliamentarism, which made the employment of the Swedish Minister for Foreign Affairs, in the protection of Norwegian interests, still more dissatisfactory for Norway than formerly. This is pretended to have become the source of the last twenty year’s Union struggle9:2. Now the state of the case is this, the Foreign Minister’s parliamentary responsibility has not been increased by the amendment of the Constitution in 1885. Formerly he was — just as he is now — responsible, as reporter, in the first place for all resolutions in Foreign affairs. The point that was formally confirmed by law in 1885 was, that the Minister for Foreign Affairs should also prepare matters concerning foreign affairs. According to the older version of the paragraph that was altered that year (1885), the King was invested with greater rights in reference to that side of the administration of foreign affairs. Thus the amendment of the Constitution in 1885 only effected that the actual influence of the Minister for Foreign Affairs on Sweden’s foreign policy was brought into harmony with the formal responsibility he held in all cases for Sweden’s Foreign policy. It may be added that this constitutional amendment only confirmed the old practice, as the Minister for Foreign Affairs was formerly regularly employed to prepare matters concerning foreign affairs, and that his previous employment in the preparation of foreign affairs was naturally carried out under observation of the responsibility in which he stood for the resolutions taken, and was not inspired by any mysterious personal relations to the King. The whole of this Norwegian notion of the fatal influence on the Union in this constitutional amendment, is, in fact, nothing but a manufactured theory containing no real grounds whatsoever.

Now it must be observed that Norway had formerly no regular parliamentary control over foreign affairs, but the Swedish offer of 1891 was just intended to give the Norwegian Storthing the right to this control, to be exercised under the same conditions as those in the Swedish Diet. But the Storthing refused (as previously mentioned) the Swedish offer; it preferred to keep the quarrel alive, and in order to do this, it was necessary to be able to refer to Swedish oppression.

The Norwegian radicals’ method of taking matters into their hands. The Swedish offer being thus refused, the Norwegian Union politics in 1891 took a new turn. The road was already pointed out by the veteran leader of the Left Side (separatists) Johan Sverdrup; it was indicated »to take matters into our own hands». The system was founded on the Norwegian Left Side State-law theory, according to which Norway, as a Sovereign state, was entitled to its own Minister for Foreign Affairs, its own diplomatic representatives and consuls, all of which was proved with much craft by the Constitution of Norway and the Act of Union between Sweden and Norway. The right to one and all to which Norway, as a Sovereign power, was entitled, should now be realized, independently and boldly, without consulting Sweden. By Royal Decree, the Storting having granted the means, a Norwegian Minister for Foreign Affairs, Norwegian Diplomatic Representatives and consuls should be appointed without delay in the Norwegian Council. Thus the lines of the future politics of Norway were fixed by the Separatists10:1.

It is obvious, that the notion of the one Kingdom in a Union being able, of its own accord without consulting the other Kingdom, to alter and dissolve the bonds of Union, is theoretically inimical to the Union itself, and in fact shows enormous disloyalty to the other half of the Union. A Union policy of this sort is, of course, in spirit, completely revolutionary, and at the outset has no place within the Union. Nevertheless it has been followed under continued official protestations of fidelity to the Union — the last speech of this sort was heard a short time ago, when the well known road was fully marked out, right away to the object so long hovering in view. This is not the only piece of duplicity in Norwegian Union policy of whech Sweden has had to complain.

There was a cautious beginning with »their own Consuls»; it was too venturesome a task to begin the system at once with the question of their own Minister for Foreign Affairs.

The real innecessity of having separate Consuls. On the side of Norway it has been claimed that the mercantile interests of Norway demanded a Consular Service of its own11:1. In reality, it is an indisputable fact, even acknowledged by Norwegians, that no essentially practical inconvenience has been caused by the system of having a joint Consular Service. The Circles most affected by the matter in Norway, Commercial men and ship-owners — were in opposition for a long time; not even in 1891 did the separatists venture to lay the Consular Committee’s deliberations on the subject before the mercantile authorities. One Norwegian, who was well competent to judge of the matter, acknowledged openly, when the question was first broached, that »the grounds of the proposition for a complete separation as being of benefit to the shipping, commerce, and industry of the country, are so weak, that it would be impossible for them except, through persistent agitation to gain conviction, either among the classes most interested, or amongst the masses of the people». There are principally two reasons for the proposed reform, first that Sweden and Norway have a different Tariff-System, secondly, the frequent rivalry between Swedish and Norwegian trade articles of export. The first reason is baseless, as the different Tariff-Systems are of importance chiefly for the imports, and not for the exports12:1; the second reason loses its chief point by the fact that consuls are not commercial agents, that it is not their business to promote trade for private individuals, but only to give reports of the possibilities of trading with different countries. It is also worthy of mention, that in Sweden not the slightest wish has been expressed in this direction, though at present the majority of the Consuls abroad are Norwegians. And as regards the much-talked of fears, that in the administration of the Consular Service by the Foreign Office, partiality might be exercised in the interests of Sweden, the fact that for a long time past the whole of the mercantile portion of the Consuls’ duties have, on Norway’s side, been performed by one of the Norwegian Government Departements, proves how vain those fears were.

The real object of raising the consular question. Norwegian separatists, among others Michelsen himself, long ago, in a moment of rare sincerity, have acknowledged that other motives besides the practical have been at the root of the claim for reform. A Norwegian Consular Service meant, in itself, a step in the direction of the rupture of the bonds of Union, and was therefore even then an object worth striving for. But it was also openly declared, that a Norwegian Consular Service would necessarily be succeeded by a Norwegian diplomatic representation and a Norwegian Minister for Foreign Affairs. »Directly they have got the wedge fixed into the small end», wrote in 1892 President Hans Forssell, »they will try to persuade us that there will be no danger in letting them drive it in a bit». Above all they considered that a Norwegian Consular Service would by degrees disorganize the administration of the Foreign Office, and on the grounds of the dominating rÔle interests of economy play in the Foreign politics of our day, it would by degrees expand into a regular Norwegian Foreign Office.

Want of Union motives for Consular reform. The chief characteristic of this programme is the total absence of any motive for it from a Union point of view. Modern Norwegian Nationalism has only really thought of Sweden and Norway, but not of the Union and its claims. Whenever Sweden has ventured to advocate the cause of the Union, Norway has begun to talk of the interests of Sweden. If, at any time, the claims of the Union have been discussed in Norway, they have usually been identical with those of Norway. The interests of the Union demanded that Norway, without further parley, got what its national sensitive feeling was pleased to decree as the Sovereign Norway’s right. That is about the gist of the matter. The Norwegian policy has by degrees become blind to the fact, that the interests of the Union ought to demand a subordination of the inclination to decide arbitrarily on points touching the Union, both for the sake of Sweden and — of Norway.

Misinterpretation of the King’s opposition. When therefore the King, in the interests of the Union, at first opposed both the Consular reform itself and the manner of carrying it out, they did not see the King of Norway, or the King of the Union, only the King of Sweden, the veto of the King of Norway was called the Swedish veto against the rightful claims of Norway. This dishonest doctrine has gradually poisoned the minds of the people of Norway, and it is this, that has brought about the rupture of the Union.

The raising of the Consular question in 1891. Under strong protest from the Norwegian Right Side (Conservative), which at that time looked upon a separate Consular Service under a mutual diplomatic administration as introducing something hitherto unheard of in the annals of history, the consular question was brought to the decision by the Norwegian Left Side. By an order of the Storthing, the method was established: the Consular question was exclusively a Norwegian matter, which must be treated and decided upon by Norwegian authorities of State alone; on the other hand the winding up of the joint Consular Service would be a cause of negotiations with Sweden. In plain words, the Royal Decree must be given in a Norwegian Cabinet Council, not in a so-called Joint Cabinet consisting of both Swedish and Norwegian members, which according to the Act of Union must decide in all questions »concerning the two Kingdoms14:1.» And this one-sided right of decision was maintained in spite of the common Consular statutes — the last in 1886 — having been confirmed by a Joint Cabinet, and in spite of the fact that these statutes prescribed the settlement of Consular Affairs in that Council alone. Added to this, the relations of the future Norwegian Consular Service to the Swedish Minister for Foreign Affairs and diplomatic representatives had also to be arranged. This matter might certainly be considered, to belong to the negotiations relating to the winding up of the joint Consular Service. But if Norway resolved that a separate Consular Service should be established within a given time, it would be Norway’s prerogative to dictate the conditions of winding it up; Norway might without further ceremony withdraw a portion of its Foreign affairs from the joint Foreign administration.

Through its leader, Emil Stang, the Norwegian Conservatives supported the Union King’s view that the matter was as yet too imperfectly developed, and that it must be decided on in a joint Cabinet. But in 1892 the Storthing resolved, with a majority of 14 votes, on the establishment of a Norwegian Consular Service. The King was prepared to refuse the sanction to this, in a Norwegian Cabinet Council, and then and there began the conflict between King and Council, as witnessed by the events of later times. The character of this conflict may be mentioned already here, as Norway, in fact, was even then, in 1892, on the eve of the revolution, which has now broken out.

»The King and the Ministry» according to the Norwegian Constitution. When the Constitution of Norway was framed in 1814, the Continent was but little acquainted with the pure parliamentarism, with a ruling Council and a powerless King. The Constitution is instead based on the theory of the division of the state power into three organs, and this is plainly stated in the division of the Constitution. The King’s veto over legal questions is only suspensive, but he is not represented as the helpless tool of Storthing and Council. The Cabinet Council is certainly responsible to the Storthing, but only for its own advice, not for the King’s Decrees. The King is legally bound to listen to the opinions of his ministers, but the right of making Decrees according to his own judgment, is expressly reserved to him. Nor does the Constitution of Norway recognize the law of refusing countersignature, which is found for instance in the Swedish Constitution. In 1814 the Storthing explicitly refused a proposition to give the Cabinet Council this right, declaring that the King ought not to be deprived of all his privileges. All the King’s Decrees must be countersigned by one of the Prime Ministers, but this countersignature implies only the responsibility for the agreement of the records with the resolutions taken. The greatest Norwegian writers on State Law, have acknowledged that this is Norwegian National Law15:1. Furthermore the Constitution originally did not recognize something else remarkable for modern parliamentarism: the Ministers were not even allowed to attend the debates of the Storthing. Then came the Crisis of 1884, when the Norwegian Radicals with the Court of impeachment a weapon, forced the King to capitulate, forced him to summon a Radical Ministry, and to sanction an amendment of the Constitution, by which the Ministery were allowed to attend the debates in the Storthing. By this means, the modern parliamentarism, with all its claims, elbowed its way into Norwegian State life. But the old prescriptions as to the responsibility of the Cabinet Council, were retained, and they must naturally be interpreted as of old. The new parliamentary interpretation of these prescriptions of responsibility, especially the right of refusing countersignature, was opposed by the King, who adhered to the old only possible forms.

The development of the Consular question. Even in 1892 the Radical Cabinet Steen did not venture to carry the Consular question to an extreme. They were contented to play with fire. Before the King found an opportunity to give his definite answer to the consular question, the Cabinet retired. The Ministerial strike recently set on the political stage, was even then in the perspective. But the King having vainly tried to form a Conservative Ministry and matters becoming serious, a retreat was sounded, the Storthing itself taking the initiative, this time, strange to say, receiving the hint from Mr Michelsen. The requests of the Ministers to resign were withdrawn, and the Consular Question was postponed to a future date. The Norwegian masses were not as yet sufficiently impregnated with the gospel of the dissolution of the Union — and Norway was not yet armed for defence.

The following year the same tale began afresh. The Storthing resolved on having a separate Consular Service, the Ministers sent in their requests to resign, to avoid, as they declared, rousing a constitutional dispute on the countersignature question which might bring about consequences »that scarcely any other political question had aroused in our present constitution». This time the Conservatives stepped into the breach on behalf of the King and the Union. For two years The Cabinet Stang opposed a furious Storthing, while the King was powerless to form a parliamentary Radical Ministry on reasonable terms. This conflict naturally produced intense excitement, and the Radicals, of course, saw in the King’s opposition, Sweden’s and the King’s of Sweden, not the King’s of the United Kingdoms fighting a battle against the destruction of the Union. It is in this way that the Consular Question became magnified into a question of National honour. The blow given to their honour by the disloyalty of the Radicals to the Union was entirely ignored. The Consular question became by degrees, the chief National question of the country.

The position in 1895. In the Spring of 1895 the situation in Norway was such that a complete standstill was threatened, and all sorts of extravagant plans were mooted on the Norwegian Radical Side. It was then that in limited Swedish Conservatives circles a plan was said to exist for making Norway come to an agreeable settlement of the Union question, by main force. This is a matter impossible to decide. These reports spread like wildfire, and had the effect of oil upon fire. And now at last Norway begins to think of her defence which of late years she has neglected.

The Union Committee 1895-1908. The Norwegians meanwhile gave in as Norway was not ready. The Storthing in Norway also consented to what Sweden had all along endeavoured to obtain, viz. a general settlement. The Union Committee 1895-1898 effected a couple of year’s truce; any real results were not to be expected. The Norwegian Radicals had other plans than a reasonable settlement of the Union question; its representatives in the Committee were bound by their party programme, and insisted on having their own Minister for Foreign affairs. On the other side, the two representatives of the Swedish Conservatives maintained the demand for a Union Parliament which the Norwegians in the previous Union Committee had refused. The Swedish and Norwegian majorities were very nearly balanced. They were united in the opinion that the Union necessarily demanded a joint Minister for Foreign affairs, but differed in everything else on several points. For instance, the Norwegian majority, characteristically would not agree to limit the possibility for Norway (on the grounds of paragraph 25 in the Constitution) of withdrawing of her own accord, a greater or smaller portion of Norwegian troops from the defending forces of the Union18:1. In the Consular question there were also differences. The Swedish members were unanimous in insisting on a joint Consular Service for both Kingdoms. The Norwegian majority preferred, from all points of view, a joint Consular Service to a separate one for each Kingdom, and strongly emphasized the point that in all circumstances the consuls ought to be personally and immediately under the control of the Minister for Foreign affairs, as the limits in the sphere of operations between the Consuls and the Diplomatic Officials became more and more indefined. But with evident respect to the opposing Norwegian opinions, it tried to regulate the Consular Service, by joint terminable laws, nevertheless, so worded, that not till the lapse of 15 years, the Kingdom that so desired, might have the right to dissolve the joint Consular Service18:2.

Norway prepares again to the Consular Question. The Union Committee having failed, the Norwegian Radicals prepared for another attack on the old lines. By passing the Flag Bill, they prepared to renew negotiations on the Consular Question, while, at the same time, they were busily engaged in strengthening their defence and raising on the boundaries rumoured fortresses against Sweden. The Under Secretary of State, Dr. Sigurd Ibsen, instituted an inquiry as to the feasibility of having a separate Consular Service in conjunction with the existing Foreign administration. It was on this point that the Minister for Foreign affairs, for the time being, Mr. Lagerheim, made a proposal, the consequences of which brought about the present crisis.

8:1 Compare Nansen (page 48 and following).