859B.7962/94: Telegram
The Chargé in Denmark (Perkins) to the Secretary of State
[Received 11:50 a.m.]
147. Legation’s 146, April 26, 9 p.m.
[“] Ministry of Foreign Affairs, Copenhagen, the 26th of April 1941 to Mr. Cordell Hull, Secretary of State, of the United States of America, Washington. Mr. Minister: In acknowledging receipt of the message which you have been good enough to send me through the Chargé d’Affaires of the United States of America at Copenhagen, I wish first to assure you that the Danish Government and the Danish people on their part also are animated by friendly feelings towards the American Government and the great American people and that as you will be aware it always has been and still is incumbent upon the Danish Government to carry on a policy which will serve the mutual interests of the Danish and the American peoples. It is my sincere hope in the present difficult situation that events will develop so that the good and friendly relations between Denmark and the United States will not be permanently prejudiced.
His Majesty the King has instructed me to develop to you the position of the Danish Government to the present situation.
In 1939 Mr. Henrik Kauffmann was accredited with the President of the United States of America as Envoy Extraordinary and Minister Plenipotentiary for Denmark and it goes without saying that in this capacity he was only warranted to act on the basis of and in conformity with the general authorization or special instructions given him by the Danish Government. By signing on his own account against the will and knowledge of His Majesty, the King, the Cabinet and the Danish Rigsdag an agreement of the 9th of April, 1941 on the defense of Greenland, he has exceeded his authority as accredited Minister and acted against the constitution as such an agreement, according to Danish constitutional law, can only be made with Royal full powers and with the consent of the Rigsdag. As Mr. Kauffmann refused to comply with the order of recall, the Danish Government therefore to its great grief had at once to dismiss him and to take extraordinary measures against him.
In his message to His Majesty the King, the President of the United States refers to the fact that Denmark at present is an occupied country and from this fact conclusions are drawn with regard to the status of Mr. Kauffmann just as this fact seems to be decisive for the Government of the United States when judging the mode of action of Mr. Kauffmann. The Royal Danish Government cannot recognize these conclusions and considerations.
[Page 61]The action of Mr. Kauffmann can never—even from the point of view taken by the Government of the United States—be justified for it is clear that the Danish Crown Government and Rigsdag, even if the country had not been occupied by foreign troops, under no circumstances would or could have concluded or sanctioned an agreement as that at issue the less so because thereby the possibility is created of an occupation of Greenland territory by a foreign power in connection with expectations as to the development of the war. Such a step would simply have been an unfriendly act towards a third power and would have been at direct variance with Denmark’s traditional policy, Mr. Kauffmann cannot have doubted that the occupation of Denmark would not justify an arbitrary act which under normal conditions he would never have been authorized to perform. From real as well as from formal points of view, the Danish Government has therefore been obliged to consider the agreement as invalid in point of Danish constitutional as well as international law and to protest against it to the American Chargé d’Affaires at Copenhagen.
As to the status of Mr. Kauffmann, the occupation of Denmark is of no relevance, for notwithstanding the occupation His Majesty the King, in accordance with the Danish constitution, appoints and dismisses his envoys as well as his other Crown officers. In 1939 Mr. Kauffmann was appointed Minister at Washington by His Majesty the King and is now, in conformity with the Danish constitution, recalled and dismissed from the public service by the King, as he has not any more the confidence of His Majesty and the Danish Government. He is now a private person and has no longer any authority to act as Danish Minister. It would not harmonize with the mutual wishes of the Danish and the American Governments for maintaining all ties which may serve Dano-American interests if Mr. Kauffmann was still considered as Danish Minister by the Government of the United States. This would be tantamount to rendering diplomatic contact at Washington impossible and a very important tie would be broken. It is a fiction as Minister to recognize a person who has no country and no head state behind him. The consequence of maintaining the view hitherto taken by the Government of the United States would be that the possibilities of diplomatic intercourse between the United States of America would be inferior to those existing between two countries whose diplomatic relations are interrupted.
In referring to the above, I beg that the Government of the United States take up for renewed consideration the question of Denmark’s official representation at Washington and to express the hope that the American Government will find means for a solution with due consideration to the points of view of the Danish Government.
I hereby repeat my request to you to recognize Mr. E. Blechingberg as Denmark’s Chargé d’Affaires at Washington. Should you, however, [Page 62] find it more expedient that this post be filled by another officer, I will be prepared to offer suggestions in this respect.
Please accept Mr. Minister the renewed assurance of my highest consideration.