711.572/29
The Acting Secretary of State to the Norwegian Minister ( Bryn )
My Dear Mr. Minister: I have received your note of January 7, 1919, in which you refer to the notification given to the Norwegian Government on February 2, 1918, of the denunciation by the Government of the United States of the Treaty of Commerce and Navigation of July 4, 1827, and to the suggestions previously made as to negotiating a new treaty, and state that your Government is of the opinion that it would be preferable to defer the negotiations for a new treaty of commerce and navigation until after the conclusion of peace. You also state that the treaties of commerce and navigation between Norway and France were denounced, but that they have been extended for three months, with the understanding that they will be further extended for three months at a time until a new treaty can be concluded, and that a similar arrangement is being sought with Spain whose treaty with Norway has also been denounced, and that your Government would like to make a similar arrangement with this Government, whereby the termination of the Treaty of July 4, 1827 would be postponed for three months, except as to the two Articles in the Treaty which the United States desires to terminate, with the additional understanding that the expiration of the Treaty would be postponed in successive periods of three months until a new treaty can be concluded.
I may point out that the proposal of the Norwegian Government for the postponement of the termination of the Treaty for an indefinite number of successive periods of three months each would, in effect, amount to a continuation of the unobjectionable parts of the Treaty indefinitely, subject to termination upon three months’ notice [Page 51] given by either Government, whereas by Article XIX it is provided that the Treaty may be terminable, after its original term, upon the expiration of twelve months following notice given at any time by either party.
The proposal of the Norwegian Government being, therefore, in effect a proposal to modify a provision of the Treaty, is not susceptible of being executed on the part of this Government in the manner suggested, there being no provision in the laws of the United States for such procedure.
The Government of the United States, however, in order to accede to the wishes of the Norwegian Government as far as possible, suggests that the solution of the matter may be effected by the withdrawal on the part of my Government of the notice of denunciation of this treaty, except as to Articles XIII and XIV, so that the existing Convention, except Articles XIII and XIV, shall remain in force, as to Norway, until a new notice is given in accordance with its provisions.
I take pleasure, therefore, in begging your Excellency kindly to acknowledge that the Government of the United States has formally withdrawn, as I hereby have the honor to do, the denunciation contained in the note of the American Minister at Christiania of February 2, 1918 to the Norwegian Foreign Office, except as to Articles XIII and XIV of the treaty, and that consequently the Treaty of Commerce and Navigation of July 4, 1827, except Articles XIII and XIV, which will expire on February 2, 1919, remains as to Norway in full force and effect.
I am [etc.]