File No. 763.72111N83/60

The British Chargé ( Barclay) to the Secretary of State

Memorandum

His Majesty’s Chargé d’Affaires presents his compliments to the Secretary of State and has the honour to inform him that His Majesty’s Government have sent a telegram to His Majesty’s Minister at Christiania on the subject of the barring of Norwegian waters to submarines, of which the following is the substance:—

His Majesty’s Government cannot regard the reply of the Norwegian Government to representations made to them on this subject as otherwise than unsatisfactory.

A Royal decree was issued by Norway on October 13th, 1916, prohibiting the entry of submarines into Norwegian territorial waters. German submarines did not at that time habitually make use of Norwegian waters, but they are now driven to do so for the sake of safety, owing to measures taken by His Majesty’s Government.

His Majesty’s Government possess evidence that on six specific occasions German submarines passed through Norwegian waters between Slotterö light and the Island of Udsire. On more than one of these occasions His Majesty’s ships refrained from attacking out of respect for the rights of Norway over her territorial waters.

His Majesty’s Government have the fullest support of their Allies on this question and in view of these facts, they feel entirely justified in asking the Norwegian Government to enforce their own decree.

It would not only be most damaging to Norway’s own interests to permit the continuance of the present state of affairs, since Norwegian lives and merchandise are destroyed and Norwegian shipping attacked by submarines illegally entering the North Sea through Norwegian waters, but it also affords assistance to one belligerent at the expense of the other, in that its effect is to shield the submarines from attack by a belligerent at the critical point of their passage, and therefore in the opinion of His Majesty’s Government, it constitutes almost an unfriendly act. The protest of His Majesty’s Government against the mining of the Kogrund Channel was made precisely because of such discrimination.

The result of allowing these submarines, which are on their way to perform hostile acts, habitually to follow with success a course through neutral territorial waters, will be equivalent to the creation of a privileged passage for their benefit, and the other belligerent is bound to take all steps in his power to prevent such an abuse.

It must, however, be remembered, apart from general considerations, that His Majesty’s Government are only pressing for the enforcement of Norway’s own decree, a decree which is being violated. The strictest instructions for its observation have been issued to the British naval forces, and it is believed they have observed it.

According to the experience of the British Admiralty, the measures for the increase of the patrols which the Norwegian Government have expressed themselves prepared to undertake, are quite inadequate for the desired purpose. The only effective method of preventing the passage of submarines is by mining Norwegian territorial [Page 1776] waters, and this fact must again be impressed on the Norwegian Government.

The right of neutrals to mine territorial waters is clearly admitted in article IV of convention VIII of the Hague Conference, to which the Norwegian Government has referred in their reply, and this article was adopted unanimously at the conference.

In the opinion of His Majesty’s Government, the proposed mining would not unduly inconvenience Norwegian sailing and fishing vessels, since the passage by the inner lead would not be affected. In any case the damage caused to Norwegian shipping by the illegal action of German submarines is incomparably greater.

His Majesty’s Government are, however, most anxious that the Norwegian Government should not feel that the Allies are treating them harshly or inconsiderately in this matter.

The Norwegian Government have proposed to establish an increased supervision by patrols in Norwegian territorial waters and His Majesty’s Government, therefore, desire to convey an expression of their gratitude to the Norwegian Government for this proposal, especially as showing that the obligation to deny to German submarines privileged passage through such waters is recognized by the Norwegian Government, and as a sign of confidence that the Norwegian Government will, on further reflection, become convinced that no amount of patrolling can ever prevent submarines from using the waters patrolled, His Majesty’s Government are prepared to postpone any action for a short period. This conclusion is rendered absolutely certain by the experience of the British Government during the four years of war. The Norwegian Government will no doubt be ready to take the only effectual means for carrying out their object when they become satisfied on this point, namely, the mining of the waters in question. You will receive a despatch as to the assistance which, in case of an attack by Germany, His Majesty’s Government could afford to Norway.

His Majesty’s Chargé d’Affaires is also directed to inform the Secretary of State that the War Cabinet have considered the above matter and have desired Mr. Balfour to inform His Majesty’s Minister at Christiania that, unless the Norwegian Government are prepared to mine efficiently the waters involved, or to allow Great Britain to do it for them, the British Government are fully resolved to carry out the work themselves. His Majesty’s Minister at Christiania has therefore, been instructed to let this resolve be known privately to the Norwegian Government, explaining that, as indicated in the telegram of which the substance is given above, His Majesty’s Government are ready to wait a short time, say a fortnight, before taking action.

In communicating the above, His Majesty’s Chargé d’Affaires is instructed to express the hope that His Majesty’s Government may rely on the support and assistance of the United States Government in carrying out this policy.