tter the object of a humble report.

[-- -- --]

To Sec. 16. It is proposed here that the legation shall have the right to
suspend a Consul guilty of such conduct as is spoken of in Sec. 11, or
prosecuted for a crime affecting his civic reputation. In this connection
it should be remembered that, according to the present consular statute,
the right to suspend a consular official does not lie with the legations,
but with the Foreign Minister who, after having taken his measures, has
to submit the matter to his Majesty. As to the right to suspend future
Norwegian consular officials, this right, just as is done with regard to
other state officials, shall according to the Constitution be exercised
by the King (see the Constitution, Sec. 22 and Aschehoug, Norges nuvaerende
statsforfatning, ii, 474.) To transfer this right upon the legations
would be incongruous with the Constitution. But not even with regard to
consular functionaries who are not state officials, and who, during the
present community in Consular service, are suspended, by the superior
consul concerned, the right of suspension should be granted to the
legations. For, the view is held, in accordance with the Consular
Committee of the joint Kingdoms (see their report, Norwegian edition, pp.
24, 25) that between consular functionaries exclusively subject to
Norwegian authonity and ambassadors exclusively subject to a Swedish
minister, there is no possibility of establishing truly hierarchic
relations: [-- -- --]

[-- -- --]

After the considerations made above, it will be obvious that from a
Norwegian point of view, these paragraphs appear as unacceptable, partly
because they are incongruous with the Constitution of Norway or with the
claims that in this country are put upon the contents and the forms of
independecy, partly because, by this, the aim cannot be gained, that is
intended by the whole negotiation, viz--to use the words of the Swedish
negotiators--to establish a separate Consular service for Sweden and
for Norway The Consuls of each Kingdom are subject to the home authority
that each country decides for itself. (see the Communique of March 24,
1903).

On this account we recommend to omit from the Swedish draft the
paragraphs 5, 6, 8, 11, 16, and 19. If they should be adhered to, further
discussion about the Swedish draft will be futile.

9.

Extracts from the answer of the Swedish Cabinet Council to the memorandum
made by the Norwegian C