File No. 763.72111N83/58
The Chargé in Norway ( Schoenfeld) to the Secretary of State
[Received August 17, 12.01 a.m.]
1022. I read and presented to the Minister for Foreign Affairs last night the note embodied in your telegram No. 423 of August 13, 12 noon. After the note I impressed upon His Excellency the urgency of the matter and pointed out that the representations I had just made were to be regarded as independent of any representations made to him by Allied ministers, the failure of the Royal Government impartially to enforce the decree of January 30, 1917, having resulted in establishing a privileged channel for the enemy’s submarines. The Minister for Foreign Affairs said that Norwegian [Page 1774] Government has not been bound under international law to issue the decree at all, to which I replied that even if this were true it was not now pertinent as the decree had never been repealed. He at once said it was not the intention of the Norwegian Government to repeal it.
He asked for information as to the specific cases of violation of Norwegian waters by Germans. I said that my Government has stated that it had, in many particulars, evidence of such violations which should be sufficient. He said that with specific cases before him he could take them up with the Germans. I answered that there seemed to be no need to take up anything with the Germans; that all we asked was the impartial maintenance of Norwegian neutrality.
In discussing the points of the decree of January 30, 1917, in the manner suggested in your cipher telegram No. 423, the question came up whether Norwegian patrols were instructed to fire on submarines in territorial waters under conditions violative of the decree, and the Minister for Foreign Affairs stated categorically that patrols had such orders. I am still skeptical as to this.
His Excellency suggested that the British and French naval attaches would see the Commanding Admiral today and be informed of the new measures in contemplation for safeguarding territorial waters and asked that the naval attaché of this Legation should also see the Admiral, which will be done.
I concluded my remarks by pointing out again the serious nature of the situation in its effect on Norwegian neutrality and on the belligerent rights of the United States and emphasized anew the fact that my representations and the position of the United States in the matter were to be regarded independently of those of the Allies. His Excellency promised to take the matter into consideration with the Cabinet which incidentally meets today and give me an answer as soon as possible.
As the Minister for Foreign Affairs did not intimate that the British Minister had spoken of mining Norwegian waters I did not pursue the argument that this would be the most, if not the only effective measure to take. His Excellency was inclined to be skeptical as to the effect of our mine field in the North Sea with a view perhaps to arguing that Norwegian waters did not in fact constitute the only privileged channel for the enemy’s submarines; but I impressed upon him the fact that there was no possibility whatever of any doubt on this point and submitted that in any case this could have no bearing on the necessity of Norway’s impartially enforcing her neutrality.