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alty for the act committed by the person claimed has become barred by limitation, according to the laws of the country to which the requisition is addressed.


No person surrendered by either of the high contracting parties to the other shall without his consent, freely granted and publicly declared by him, be triable or tried, or be punished for any crime or offense committed prior to his extradition, other than that for which he was delivered up, until he shall have had an opportunity of returning to the country from which he was surrendered.


All articles seized which are in the possession of the person to be surrendered at the time of his apprehension, whether being the proceeds of the crime or offense charged, or being material as evidence in making proof of the crime or offense shall, so far as practicable and in conformity with the laws of the respective countries, be given up when the extradition takes place. Nevertheless, the rights of third parties with regard to such articles shall be duly respected.


If the individual claimed by one of the high contracting parties, in pursuance of the present Treaty, shall also be claimed by one or sev. eral other powers on account of crimes or offenses committed within their respective jurisdictions, bis extradition shall be granted to the State whose demand is first received: Provided, that the Government from wbich extradition is sought is not bound by treaty to give preference otherwise.


The expenses incurred in the arrest, detention, examination and delivery of fugitives under this Treaty shall be borne by the State in whose name the extradition is sought; Provided, that the demanding government shall not be compelled to bear any expense for the services of such public officers of the government from which extradition is sought as receive a fixed salary; and Provided that the charge for the services of such public officers as receive only fees or perquisites shall not exceed their customary fees for the acts or services performed by them had such acts or services been performed in ordinary criminal proceedings under the laws of the country of which they are officers.


The present Treaty shall take effect on the thirtieth day after the date of the exchange of ratifications, and shall not operate retroactively.

The ratifications of the present Treaty shall be exchanged at Washington as soon as possible and it shall remain in force for a period of six months after either of the contracting governments shall have given notice of a purpose to terminate it.

In witness whereof, the respective plenipotentiaries have signed the

above articles, both in the English and the Danish languages and have hereunto affixed their seals.

Done in duplicate, at the City of Washington, this sixth day of January nineteen hundred and two.

John Hay (SEAL.]

C. BRUN. (SEAL.] And whereas the said Treaty has been duly ratified on both parts, and the ratifications of the two Governments were exchanged in the City of Washington, on the 16th day of April, one thousand nine hundred and two;

Now therefore, be it known that I, Theodore Roosevelt, President of the United States of America, have caused the said Treaty to be made public, to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof.

In testimony whereof, I have hereunto set my hand and caused the seal of the United States of America to be affixed. Done at the City of Washington, this seventeenth day of April in

the year of Our Lord one thousand nine hundred and two, [SEAL.] and of the Independence of the United States the one hun dred and twenty-sixth.


John HAY

Secretary of State.



Mr. Swenson to Mr. Hay.

No. 254.]


Copenhagen, May 2, 1902. SIR: I inclose herewith, for your information, a copy of a letter which I addressed to a Mr. Severin Jacobsen, under date of December 30, 1901, relative to the question of his liability to military duty in Denmark. I have, etc.,



Mr. Swenson to Mr. Jacobsen.


Copenhagen, December 30, 1901. Sir: In reply to your interrogatories sent through the United States consul at this place, I beg to inform you that if it is your intention to return to the United States within a reasonable time with a purpose of residing and performing the duties of citizenship therein, you are not liable to military duty in Denmark.

It appears from the statement of your case that you emigrated to the United States before having attained the age fixed by Danish law for military service (22) or even for enrollment on the conscription lists (17); that the naturalization of your father as a citizen of the United States July 8, 1893, conferred American citizenship upon you, being a minor at that time, and that you returned to your native country in July, 1899, where you have since resided. In view of these facts, the question of your exemption from military service must be determined by intention or nonintention to return to the United States, as stated above.

I would advise you to procure a United States passport as evidence that you wish to conserve your American citizenship. Respectfully, yours,




Mr. Swenson to Mr. Hay.

No. 261.]


Copenhagen, June 6, 1902. SIR: I have to acknowledge the receipt of your cablegram" of the 24th ultimo.

In reply to a request which I addressed to the foreign office, under date of the 26th ultimo, the minister of foreign affairs informs me, in a note of the 3d instant, that the Danish Government grants the desired permission.

I have so notified our consular officers in Denmark proper and in the Danish West Indies. I have, etc.,



Mr. Swenson to Mr. Ilay.

No. 275.]


Copenhagen, September 6, 1902. Sır: The news of the accident which befell President Roosevelt and party near Pittsfield, Mass., the 3d instant, caused much solicitude here, until it was known with certainty that the President bad not sustained any serious injuries.

Many officials and private persons called at the legation to express their congratulations on the President's escape from death.

Be good enough to convey to the President my personal congratulations on his providential escape. I have, etc.,



Mr. Swenson to Mr. Hay.

No. 279.]


Copenhagen, September 30, 1902. Sir: The U. S. S. Albany and Chicago, Captains Craig and Dayton commanding, arrived at the port of Copenhagan the 20th ultimo, on a visit of courtesy. The Chicago put out to sea again the 23d, on telegraphic orders, while the Albany remained in the roadstead until the

a Printed, page 6.

4th instant. The ships had been at Christiania, Stockholm, and Cronstadt, coming here from the latter place, thus completing their cruise of the Baltic. Part of this squadron, which was under command of Rear-Admiral Crowninshield, and which originally comprised two more vessels, the flagship Illinois and the San Francisco, had been sent to English waters to participate in the naval review held at Spithead in connection with the ceremonies attending the coronation of Edward VII. The entire squadron was to have visited Copenhagen, but injuries sustained by the Minois while entering the harbor of Christiania made this impracticable, necessitating a change in the plans. Much regret was expressed here on that account.

Shortly after the arrival of the Albany and the Chicago the commanders called at the legation. A time was appointed for my return visit, as well as for the different calls to be made on the Danish officials. I presented Commanders Craig and Dayton to the minister of foreign affairs and to the minister of marine, and assisted them in making other customary calls.

I secured an audience with the King and the Crown Prince for Captain Craig and Lieutenant-Commander Rush, of the Albany. Prince Valdemar, the minister of marine, Vice-Admiral Uldall, and other Danish marine officers paid visits on board the ships, which they inspected with great interest. They complimented the officers on the fine appearance of their ships and crews. Private Americans and Danes were also given an opportunity to go on board, and they spoke in high praise of what they saw. The press contained many complimentary notices of the officers and ships.

I gave a dinner at the legation, which was attended by Captain Craig and six of his officers, the minister of marine, the commanding admiral, and many other high Danish navy officers--in all, 21 persons.

The usual toasts were drunk, beginning with the health of the King, which was proposed by me. The minister of marine, in return, showed a like honor to President Roosevelt; after which, Captain Craig raised his glass to the Danish Navy, and Vice-Admiral Uldall to the American.

The minister of marine invited some of the officers of the Albany and myself to a dinner at the hotel Phoenis, and Vice-Admiral Uldall entertained a few of these officers at a luncheon at his home, to which my wife and I were also asked. Many Danish officers were present on both occasions.

Our officers expressed themselves as being delighted with their visit here. Every courtesy was extended to them. The minister of marine, Vice-Admiral Uldall, and others made special efiorts to render the stay as pleasant and interesting as possible. An officer was detailed to act as honorary attaché to Captains Craig and Dayton while they remained here. The American officers were received most cordially everywhere, and made to feel that they were welcome on their own account as well as on account of the country they represented. I have, etc.,



Mr. Swenson to Mr. Hay.

No. 284.]


Copenhagen, December 13, 1902. Sir: I have the honor to inclose herewith copies of my notes to the foreign office in the military service case of James Nelson, which has not previously been reported to the Department.

Under date of March 22, 1902, the minister of foreign affairs advised me that, in accordance with my request, Mr. Nelson's sentence had been commuted to a fine.

This was satisfactory to Mr. Nelson, and permitted him to proceed on his homeward journey without further interruption. I have, etc.,


[Inclosure 1.]

Mr. Swenson to Dr. Deuntzer.

No. 139.]


Copenhagen, January 28, 1902. EXCELLENCY: I have the honor to invite your excellency's attention to the following military service case:

James Nelson was born at Eged, Horreby Sogn, Falster, Denmark, May 20, 1862. Conformably to the Danish conscription laws, he performed military service from January 30, 1883, to October 3, 1884, and from September 2 to October 3, 1885. He would have been called in again for duty in September, 1886, but meanwhile emigrated to the United States, in March of that year, without having applied for or procured the required official permission. He was naturalized as a citizen of the United States before the district court of the second judicial district of Ramsey County, at St. Paul, Minn., November 24, 1897. His hoine is at St. Anthony Park, Minn., where he is engaged in the dairy business. In December, 1901, he returned to his native country for the purpose of visiting his mother and other relatives, as well as benefiting his health. He is accompanied by his wife and two of the minor children. Two of his children, one 7 years of age and one 8, were left behind at the home in Minnesota.

He intends to return to the United States as soon as his little son, who was taken sick with gastric fever shortly before the holidays, regains sufficient strength to undertake the journey. On the 17th of this month Mr. Nelson was summoned before the authorities at Falster's Vestre Herred Kontor, Nyköbing, Falster, and fined 6 kroner for having emigrated without the required permission, as stated above.

On the 26th instant he received notice from the recruiting officer of Fourth Regiment of Dragoons, Second Squadron, at Nestved, to report forth with for military duty. The following day he called at this legation and made a full statement of his case, as set forth above. He exhibited his certificate of naturalization and a passport, No. 48684, issued to him by the Secretary of State November 1, 1901.

He appealed for my intercession in his behalf; I advised him to appear at the Nestved office and to explain the situation to the officer in charge, who, on learning the facts would, in my opinion, press the matter no further. This morning I received a letter from Mr. Nelson, as follows:

NESTVED, January 27, 1902. Sır: In spite of strong protest on my part, the authorities of the Fourth Regiment of Dragoons, Nestved, compelled me to enter upon military duty. I respectfully request you to do everything in your power, at the earliest possible moment, to secure my release. Respectfully yours,

JAMES Nelson. Under the above circumstances, I feel confident that the necessary orders for Mr. Nelson's exemption from military duty will be given as soon as his case is brought to

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