File No. 763.72111N83/53
The Secretary of State to the Chargé in Norway ( Schoenfeld)
423. Your 964, August 8, 9 p.m. Department desires you to avoid taking joint action with the British Minister. You are, however, instructed immediately to present the following note independently to the Minister for Foreign Affairs:
Your Excellency:—The Norwegian regulations for submarines in Norwegian territorial waters as promulgated by Royal decree (here insert date) prohibit belligerent submarines from making use of Norwegian territorial waters on any conditions except on account of damage, or by reason of stress of weather, or in order to save human life, and when in Norwegian waters the vessel must remain on the surface and must have her national flag hoisted and also the international signal to explain her presence and that the vessel must quit territorial waters as soon as the cause justifying her entrance no longer remains. These regulations have faithfully been complied with by the American Navy while numerous reports have been received, amounting to incontrovertible evidence, of the passage through Norwegian territorial waters of German submarines. The result in fact amounts to an unfavorable discrimination against the United States in that the Norwegian Government has not enforced impartial compliance with this Norwegian decree of neutrality which this Government has scrupulously respected. The consequence has been the establishment of a privileged channel for the submarines of an enemy of this country as a route to and from his areas of operations, resulting in facilitating the destruction of American ships and lives.
It is not apparent how the Norwegian Government can, with the best of intentions, by any measures so far adopted, prevent the use of these territorial waters by sub-surface vessels, the nominal steps taken having unquestionably failed in their purpose.
I am therefore directed by my Government to recommend to Your Excellency, very earnestly and urgently, that the Norwegian Government forthwith proceed with such new and effective measures as will prevent effectually the passage of German submarines through Norwegian territorial waters, by which Norwegian neutrality is violated. My Government feels that in the light of past occurrences and present experience, the grave importance will commend itself to Your Excellency of finding an immediate solution of a problem at once vital to Norway, in upholding her scrupulous neutrality, and to the United States, in maintaining her full rights of belligerency.
After having read and presented the foregoing note textually to the Minister of Foreign Affairs you may, in your discretion, informally and orally discuss with him the measures proposed by the British Minister, as contained in your 964, and you are authorized [Page 1773] to point out to him informally and orally that those proposed measures appear to be the most effective and practical method by which Norway can uphold her neutrality in the direction indicated.
For your own information: The Norwegian regulations for submarines in Norwegian territorial waters provide that submarines equipped for use in warfare, and belonging to a belligerent power, must not traverse or stay in Norwegian territorial waters; that breach of this prohibition will expose them to armed attack without previous warning; that this prohibition does not prevent a submarine from entering Norwegian territorial waters on account of damage, or by reason of stress of weather, or in order to save human life; that when in Norwegian waters the vessel must remain on the surface and must have her national flag hoisted and also the international signal to explain her presence and that the vessel must quit territorial waters as soon as the cause justifying her entrance no longer remains. Furthermore submarines equipped for use in warfare, and belonging to a foreign non-belligerent power, are also forbidden to enter or traverse Norwegian territorial waters unless such entrance or passage takes place by daylight in clear weather and on the surface and with the national flag of the vessel hoisted.
These regulations would appear to be quite satisfactory but it has been apparent from the beginning that the difficulty lies in their enforcement. Mere nominal steps have been and are ineffective and have resulted, as stated above, in the establishment of a privileged channel for the enemy.
Report fully by cable the attitude of the Minister towards your representations.