e 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_.
[Sidenote: _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 Sec. 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
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