711.5821/56
The Secretary of State to the Minister in Sweden (Morris)
Sir: The Department refers to your telegram No. 106 of April 17, 1920, 5 p.m.,73 in regard to the negotiations to effect the elimination [Page 215] of certain provisions of the Consular Convention of 1910. You state that the Swedish Foreign Office has intimated its preference that in the proposed exchange of notes eliminating the offending provisions, no mention be made of the notice heretofore given terminating the Convention in its entirety as of March 18, 1921. You also submit a draft of note to effect the aforesaid elimination which has been informally submitted to and received the approval of the Foreign Office, and you request instructions as to whether you should transmit this note to the Swedish Government.
In this connection you are informed that the Department does not desire to eliminate Articles 11 and 12, except insofar as they are inconsistent with provisions of the Seamen’s Act. Accordingly, certain modifications have been made in the draft of note submitted by you, so that this note shall read as follows:
“I have the honor to inform Your Excellency that in accordance with an Act of Congress it is incumbent upon my Government to express to Your Excellency’s Government the desire that certain provisions contained in Articles 11 and 12 of the Consular Convention of June 1, 1910, between the Kingdom of Sweden and the United States of America, should be terminated as of March 18, 1921, and to suggest, if satisfactory to the Royal Government, that this should be accomplished by an interchange of notes.
“Therefore I have the honor to propose to Your Excellency’s Government that Articles 11 and 12 of the aforesaid Consular Convention, so far as they may be in conflict with the provisions of the Act of Congress approved March 4, 1915 (38 Stat. L. 1164) shall be terminated as of March 18, 1921, by mutual agreement of the two Governments, parties to the Convention above mentioned; the other provisions of these two articles including those that relate to the arrest, detention and imprisonment of deserters from war vessels, to continue in force. Upon receipt of the Royal Swedish Government’s reply agreeing to this proposal the modifications of the Convention as set forth herein shall be considered effective upon the date stipulated.
I avail myself [etc.]”
If this arrangement is satisfactory to the Swedish Government, you will please exchange notes with the Foreign Office so that the elimination of the offending provisions shall be effected, as above indicated.
When this arrangement is consummated, you will also address a note to the Swedish Government, at its request, cancelling the notice of abrogation contained in your note of March 13, 1920,74 or if the Foreign Office prefers that no further formal mention be made of this note, and if no acknowledgment thereto has yet been received, [Page 216] you may receive back the note from the Foreign Office with proper endorsement noted thereon to indicate that it is of no effect.
I am [etc.]