Papers Relating to the Foreign Relations of the United States, With the Address of the President to Congress December 8, 1914

File No. 850d.00/271a.

The Secretary of State to Messrs. William Miller Collier and Albert G. Schmedeman.

Department of State,
Washington, May 23, 1911

Gentlemen: The President having selected you to represent the United States at the forthcoming International Conference on Spitzbergen to be held at Christiania, the following instructions are communicated to you for your guidance:

1. The United States is a participant in this conference by reason of two facts: First, that certain of its citizens have interests of great importance in the archipelago of Spitzbergen, and, second, that those islands are in the anomalous position of being politically unorganized and subject to the sovereignty of no nation whatsoever. They are and for centuries have been admittedly “no man’s land”. The assertion within the past decade by private persons of rights of exclusive occupation of portions of the land, the existence of conflicting claims between the subjects and citizens of certain nations, the development of valuable mines, and the settlement of several hundred people engaged in mining now necessitate the establishment of some form of government which will preserve peace and order and define the relative rights and obligations of the persons there resident or asserting claims therein.

2. The authority which all nations are universally conceded to have over their nationals, wherever they may be, affords a basis for the establishment of an administration over territories such as those of the islands of Spitzbergen which are under the dominion of no nation. The fulfillment of the duty of protection which nations owe to their nationals would, moreover, seem in the circumstances to require the Governments having nationals in Spitzbergen to create or aid in creating an orderly and efficient government for the archipelago. The United States could not refrain from participating in this conference without subjecting itself to the charge of abandoning or neglecting the interests of its citizens and of failing to provide for the exercise of that control over them which, in a certain measure, other nations may reasonably expect from this Government.

3. You will, therefore, take part in the discussions and deliberations of the conference, exercising your discretion in offering suggestions as to the method of settling the questions relating to the existing and future interests of American citizens in the islands, as to necessary measures to secure a continuance of the present equal right and opportunity of the nationals of all countries in the use and enjoyment and development of the resources of the island (existing private rights being respected), and as to plans of government for the archipelago.

4. The claims of American citizens to rights over lands in Spitzbergen are of great importance and for several years have received the attention and support of this Government. There is no intention or desire on the part of this Government to obtain for its nationals any industrial monopoly or any recognition of extravagant claims. By their enterprise and perseverance American citizens have demonstrated the value of certain of the resources of these islands, a fact of special interest to northern Europe. They have invested their capital and by their energy and skill have established an industry which gives employment to a large number of persons. They have created property of value. This Government seeks for these citizens only the recognition of the rights to which their efforts and financial risk entitled them and the establishment of a government which will conserve these rights.

5. One of your first acts in the proceedings of the conference will be to endeavor to obtain either a definite and specific recognition of the rights which have thus been acquired by American citizens in Spitzbergen or a recognition in principle with a specific agreement providing a method of their determination upon a just and equitable basis which will insure an early settlement of their character and extent. It is felt by this Government that a definite and final determination of these rights, of their character and extent, and of the relative rights of other claimants and their extent should be made before the conference adjourns and should be unconditionally accepted by it. If it should become manifest at any time during the proceedings that this can not be done and that no other satisfactory arrangement can be made, this Government may be compelled to decline to permit you to continue your participation in the sessions of the conference or to sign its final acts, and to refuse to consider any agreement executed by the conference which provides for the extension of the jurisdiction of any other power or powers over American citizens and their interests in Spitzbergen. It is desirable, therefore, that, at the outset of the conference, while expressing your hope and confidence that a satisfactory determination of the rights of claimants to land in the archipelago will be made before the final session of the conference, you make known to the delegates that your action with reference to all matters which may arise and your expression of the views of this Government are to be considered as tentative and contingent and as in no way obligating the Government of the United States to accept any plan which may be adopted, in the event that a satisfactory settlement of questions in relation to existing claims is not obtained before the close of the conference.

6. The call for the conference and the exchanges of views between several of the interested Powers manifest a unanimous determination to maintain the political status of the archipelago as terra nullius. It is, however, advisable that the conference early in its proceedings should, in the interest of certainty, make a formal declaration to this effect. Such a declaration would furnish the basis upon which the conference could, in the opinion of this Government, most successfully proceed. In case a plan is proposed in the conference which appears to you to be inconsistent with the principle of terra nullius you will immediately report the proposal in detail to this Government and await its instructions.

7. If the political status of Spitzbergen as terra nullius is recognized expressly or by implication, it appears that a government over the islands can be formulated only by adopting one of the following methods: (a) The establishment by each of the interested Powers of a governmental agency of its own in Spitzbergen, administering a suitable legal system applicable solely to its own nationals resident in the archipelago; (b) the delegation by a nation of its jurisdiction over its nationals to some other nation or nations; or (c) the delegation to nationals of certain of the powers of jurisdiction to be exercised in accordance with a plan provided for by a convention to which all the interested nations are signatories or adherents.

8. The Norwegian, Swedish and Russian Governments have intimated their willingness to undertake the government of the islands and have submitted a tentative plan for such a government, which has received the careful consideration of the Government of the United States. While this plan admits the principle of terra nullius there are provisions in it which this Government considers repugnant to that principle. Furthermore, there are declarations in the plan asserting or implying the existence in these three nations of a paramount right over other nations to administer the affairs of Spitzbergen. The Government of the United States has dissented from that view and has expressed its dissatisfaction with any form of government in Spitzbergen which in theory or in practical effect will constitute an admission of a right in any nation to exercise the powers of government over any persons therein other than the citizens or subjects of such nation or of a nation which may delegate powers over its nationals to another nation. The plan submitted by the three Governments above named also appears to this Government to be objectionable because it provides a complex, elaborate, and expensive system of government for a community with a small population and with the simplest of social relations.

9. The United States has tentatively submitted a plan of government, a copy of which is hereto appended,¹ together with memoranda explanatory of the theory on which it is based and of the reasons and purposes of certain of its provisions. This plan, in the opinion of this Government, provides a simpler, less expensive, and more efficient government, and is consistent with the accepted principle that no power shall acquire sovereignty, actual or nominal, over the islands. These ends you will at all times keep in view.

10. In the plan which this Government has tentatively submitted as a basis for negotiation in place of the one proposed by Norway, Sweden, and Russia it was sought to preserve the present political status of Spitzbergen and the equal rights of all nations by reserving to each and every Power, signatory or adhering, a right of veto upon any proposition made by the proposed commission or other legislative agency, which may be composed of nationals of one or more of the interested nations, and also a right to disapprove or to refuse to confirm the appointment of subordinate officers who may be nominated. The theory of this Government is that the persons or body to whom are delegated conditional legislative rights over persons in Spitzbergen, or a limited exercise of administrative and judicial rights, become the agents of the signatory and adhering Powers. These agents, subject to the direction of the signatories and adherents, exercise jurisdiction over the nationals of these Powers within the territorial limits of Spitzbergen.

11. A possible alternative for the law-making body suggested in this Government’s plan, in case no nation is willing that its nationals should act as agents subject to a veto power, or in case of a failure by the Powers to agree upon the general provisions of the plan, would be for the diplomatic representatives of the signatory and adhering Powers at Christiania or certain of their consular officers in Norway to act as a permanent commission, or without constituting themselves as such a governing body, to meet in conference twice a year or oftener to confer and agree, under instructions from their respective Governments, upon such rules, regulations, and restrictions as may seem expedient. Such agreements should assume the form of ordinances or regulations for promulgation in Spitzbergen. While such a system would not create a method of easy legislation and would fall short of that which seems desirable, it would be worthy of consideration in case it should become manifest that an agreement on a plan in the nature of that suggested by this Government is impossible. However, before such an alternative scheme is suggested or discussed by you, you will make a specific report of the conditions which, in your judgment, necessitate its consideration, and you are directed to refrain from formally presenting or discussing it without special instructions after such report has been received and considered by this Government.

12. The question of the administration of public affairs in the islands has been carefully considered by this Government, and the method suggested in the plan submitted by it as a basis for negotiation is considered to be the most practicable under existing circumstances. It is not believed that, from the point of view of efficiency, fundamental changes in it will be necessary. Departures from its details are entirely within your discretion, especially if they tend toward simplicity and economy and are not repugnant to the principle of terra nullius.

13. This Government has the right, and it is its duty to insist, that the system of taxation, as well as all other governmental measures which may be adopted, shall not be unjust, discriminatory in effect, or unduly burdensome to its citizens or their interests. You will faithfully guard the rights of American citizens in this matter. On the other hand, this Government recognizes that it is equitable for those who receive the benefits of government to contribute their just proportion to the expense of maintaining it.

14. An important feature of the government to be established for Spitzbergen will be a judicial system. The system suggested in this Government’s plan seems to be simple and efficient. If discussion or new information should show that the suggested system fails to furnish a satisfactory instrument for the administration of justice you will suggest such modifications as may seem advisable in the circumstances. If the suggested system, even in a modified form, can not, in your opinion, be obtained, or, if there should be a failure to agree upon the applicable system of law or upon the designation or constitution of a suitable tribunal, it may become expedient to consider the conferring of judicial authority on consular officers. There are some advantages to be derived from this alternative method, but it is felt by this Government that they are outweighed by the manifest inconveniences and disadvantages, if a satisfactory system can be obtained by modifications of the judicial system embodied in the plan which the Government of the United States has submitted. You will keep this Government advised of any proposed radical changes in the suggested judicial system and await special instructions before accepting or rejecting them.

15. Even if a system of consular courts, each of them exercising jurisdiction over its own nationals and applying to them the law of their respective countries, should seem practical, the police and other administrative functions could not be successfully discharged except by some official or official body recognized by all the interested nations as vested with authority over their nationals in Spitzbergen. In the case of the exercise of police powers this Government is convinced that they can only be exercised successfully under the direction of a single official who is of the same nationality as the majority of the persons living upon the islands and who speaks the language spoken by those persons.

16. In all your negotiations you should constantly bear in mind the traditional policy of the United States to refrain from interference in European affairs. You will scrupulously avoid committing this Government, even tentatively, to any plan which in any way or to any degree is at variance with this established course. While the political status of Spitzbergen is such that perhaps this policy is not strictly applicable, and while Spitzbergen might be considered an Arctic region rather than a European region, the Government of the United States has heretofore treated it as European and does not now desire to regard it otherwise. It is not deemed to be for the best interests of this Government or to be consistent with its established policies either to contribute to the expense of maintaining a government in Spitzbergen or to share in the responsibility of its administration.

17. With these instructions the representation of the United States is entrusted to you by the President with full confidence in your discretion and in your ability to treat the complex questions to be considered. You will make frequent telegraphic reports to this Government of the progress of the conference and will seek specific instructions whenever you are in doubt as to its views upon any new proposal which may be offered for consideration. At the close of the conference you will make to the President a full report of its proceedings and conclusions.

I am [etc.]

W. J. Bryan

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1. Not printed.