the knowledge of the proper appellate authority. I will thank your excellency to communicate the contents of my note to the competent official; and I would earnestly request that the matter be expedited as much as possible, in order that Mr. Nelson may be released without delay. He is subjected to great inconvenience by being detained at Nestved. [Inclosure 2.] Mr. Swenson to Dr. Deuntzer. LAURITS S. SWENSON. No. 140.] LEGATION OF THE UNITED STATES, EXCELLENCY: In my No. 139 dated the 28th ultimo, I invited your excellency's attention to the military service case of James Nelson, a naturalized citizen of the United States. Mr. Nelson informs me by letter, under date of the 6th instant, that after three days' service he has been released from further duty. The fine of 6 kroner which he had paid for failure to comply with the Danish military regulations before emigration has been refunded to him. He has been informed, however, that he will be adjudged to pay a heavier fine and to serve a few days in prison. He desires to know if this penalty can not be reduced to a mere fine. I am not sufficiently familiar with the laws governing the case to know why Mr. Nelson's exemption from service on the ground of his American citizenship should in any way affect the question of penalty for violation of military regulations before his naturalization; but I take it that the authorities may exercise discretion in passing on the case in question; and in view of the facts set forth in my former note to your excellency, I would respectfully request that leniency be exercised in dealing with Mr. Nelson, and that he be saved from the humiliation involved in imprisonment. Could not the original fine be allowed to stand, and the case thus considered closed? I wish to express my appreciation of the dispatch with which my intercession in behalf of Mr. Nelson was acted upon, and to thank your excellency in advance for your further good offices in the matter. Be pleased, etc., LAURITS S. SWENSON. No. 142.] [Inclosure 3.] Mr. Swenson to Dr. Deuntzer. LEGATION OF THE UNITED STATES, Copenhagen, February 21, 1902. EXCELLENCY: Referring to my Nos. 139 and 140 of January 28 and February 7, respectively, in the military service case of James Nelson, I have the honor to inclose herewith a notice, a petition, a and a transcript of the court records, which Mr. Nelson has forwarded to me through his attorney, C. B. Olivarius, of Nyköbing, Falster, with the request that I submit the same to the proper authorities. Mr. Nelson's delicate health suffers from the nervous strain caused by the sense of imprisonment, and I would earnestly repeat my request of the 7th instant that his sentence be commuted. Be pleased, etc., LAURITS S. SWENSON. [Inclosure 4.] Mr. Swenson to Dr. Deuntzer. No. 145.] LEGATION OF THE UNITED STATES, EXCELLENCY: Referring to the military service case of James C. Nelson, concerning which I last addressed your excellency in my No. 142, of the 21st ultimo, I beg to bring to your attention a letter which Mr. Nelson's wife has written to me, under date of the 11th instant. She says, among other things: "We are now ready to return to America, and would have started by this time if he (Mr. Nelson) could but get his American citizenship papers, but they are still in a Not printed. the possession of the authorities at Nyköbing, Falster, who refuse to surrender them before the case is settled. This seems to take a long time, and as my husband's health is failing instead of improving, we were in hopes that you could hurry the case a little if we asked you. It is three weeks since the papers were sent to Copenhagen. We are so anxious to get home now as soon as possible." Your excellency is familiar with all the circumstances in the case, and I am sure you quite agree with me that early action ought to be taken by the proper authorities, in order that Mr. Nelson may be left free to proceed on his homeward journey, in accordance with his wish. To this end I again appeal to your good offices. I avail, etc., LAURITS S. SWENSON. EFFECT OF THE CONTINUED RESIDENCE OF NATURALIZED UNITED STATES CITIZENS IN THE COUNTRY OF ORIGIN. Mr. Swenson to Mr. Hay. No. 286.] LEGATION OF THE UNITED STATES, SIR: I beg to inclose herewith, for your information, copies of a letter from C. Ravn and of mine in reply, respecting the status of his citizenship. I have, etc., LAURITS S. SWENSON. [Inclosure 1.] Mr. Ravn to Mr. Swenson. "SOLHJEM", PR. GENTOFTE, February 12, 1902. SIR: I most respectfully beg of you to excuse the liberty taken in writing to you, but I should like your opinion in the following case: I emigrated to the United States of America twenty years ago and five years after was duly naturalized as an American citizen. During my stay there I held the position of state inspector of immigration (New York State) and later as United States inspector of immigration, which place I held for eight years; but was removed during the last Cleveland Administration, as I had always been a loyal Republican. As you learn from my address, I am at present in Denmark. Should I decide to remain here, am I still a United States citizen and will I always remain such provided I do not declare my intentions to become a Danish subject? I consulted a lawyer who said that inasmuch as I had been baptized and confirmed here I have not lost my rights as a Danish subject. My contention is, that when I became a United States citizen I swore allegiance to the States and forfeited thereby my Danish citizenship, which, I claim, I can not reobtain unless I remain here the same length of time required of bona fide foreigners. Should you be pleased to decide in this matter I shall feel it as a great esteem. I beg, etc., C. RAVN. [Inclosure 2.] Mr. Swenson to Mr. Ravn. LEGATION OF THE UNITED STATES, SIR: I have to acknowledge the receipt of your letter of the 12th instant, requesting me to enlighten you as to the status of your citizenship. It appears from your statement that you emigrated to the United States twenty years ago, where you were duly naturalized as an American citizen; and that you have returned to Denmark, the country of your nationality, and taken up your residence there. You ask, "Should I decide to remain here, am I still a United States citizen; and will I always remain such, provided I do not declare my intention to become a Danish subject?" Further on you say: "My contention is, that when I became a United States citizen I swore allegiance to the States and forfeited thereby my Danish citizenship, which, I claim I can not reobtain unless I remain here the same length of time required of bona fide foreigners.' In reply to your interrogatory, I beg to inform you that your removal from the United States and your taking up a permanent domicile in Denmark would be considered by the executive authorities of the former country as an act of expatriation; that is, you would be looked upon as having voluntarily surrendered your claim to American citizenship and, in consequence, to the protection of the United States Government. If, on the other hand, your residence abroad is only temporary, and if it is your bona fide intention to return to the United States and continue your residence there permanently, your acquired citizenship would not be forfeited by your absence from the country of your adoption, even for a comparatively long period of years. You will thus see that the question of your American citizenship depends upon your intention regarding future domicile. No mode of expatriation is provided by the Constitution or the statutes of the United States; hence the question as to what constitutes such an act must be determined largely by the circumstances surrounding the case. It is not within the province of diplomatic representatives of the United States to pass upon the civil status of its inhabitants, except in so far as their duty to extend the protection of their Government to citizens of the country makes it necessary for them to determine who are to be considered citizens. Beyond this point the question is one for the judicial, not the executive, branch of the Government to settle. The executive officers, of course, aim to harmonize their decisions with those of the courts; hence it may reasonably be inferred from their opinions what the courts would hold in a given case. With reference to your contention regarding the Danish laws on naturalization and expatriation, I beg to say that it is not pertinent for me to give an opinion on that subject. Very respectfully, LAURITS S. SWENSON. Mr. Hay to Mr. Swenson. No. 163.] DEPARTMENT OF STATE, SIR: I have to acknowledge the receipt of your No. 286, of the 16th ultimo, inclosing copies of correspondence with Mr. C. Ravn respecting the status of his citizenship. Your views on the subject, as expressed in your letter of February 17, 1902, to that gentleman, are commended by the Department. I am, JOHN HAY. MILITARY-SERVICE CASES OF JAMES JOHN HANSEN AND ANTON MILLER. Mr. Swenson to Mr. Hay. No. 287.] LEGATION OF THE UNITED STATES, SIR: I have the honor to transmit herewith, for the Department's information, copies of correspondence bearing on the military-service cases of James John Hansen and Anton Miller, both of which, you will observe, were disposed of in a satisfactory manner. I have, etc., LAURITS S. SWENSON. [Inclosure 1.] Mr. Swenson to Dr. Deuntzer. LEGATION OF THE UNITED STATES, EXCELLENCY: James John Hansen (Jens Johannes Hansen), a naturalized citizen of the United States, applies to me for intercession with the Danish Government in his behalf. His case is as follows: He was born at Nasby, Denmark, February 17, 1873. In conformity with the conscription laws of Denmark, he performed military service from March 30 to December 17, 1892. Had he remained in this country he would have been liable to duty again in the fall of 1894 and 1896. Meanwhile, however, he emigrated to the United States, April 20, 1893, where he became naturalized as an American citizen, before the supreme court of the State of Washington, for the county of Chehalis, April 20, 1900.~ On the 2d of September, 1901, he returned to his native country for the purpose of marrying. It had been his intention to return to the United States after a short visit here; but he was prevailed upon by his mother-in-law to prolong his stay. He intends to conserve his American citizenship and to return to the United States within a reasonable time. The recruiting officer in Sölvgade, this city, has sent him a notice to report for military duty September 10 next. In view of the facts set forth in the above statement, I would respectfully request that your excellency bring the matter to the attention of the proper authorities, in order that Mr. Hansen may be declared exempt from military duty, to which he is not liable as a citizen of the United States. I avail, etc., [Inclosure 2.-Translation.] LAURITS S. SWENSON. Mr. Krag to Mr. Swenson. MINISTRY FOR FOREIGN AFFAIRS, MR. MINISTER: By a note dated the 26th ultimo you informed me that a Mr. James John Hansen, born in Denmark, February 17, 1873, and naturalized as a citizen of the United States in 1900, had, while temporarily sojourning in Denmark, received notice to report for military service, and you requested that the necessary orders be issued for his exemption from such duty. I lost no time in submitting Mr. Hansen's case to the competent authority, and I have the honor to inform you that I have received a communication stating that on producing proof of his American citizenship Mr. Hansen has been exempted from military service in this country. I would add that he will be proceeded against for having failed to complete his service in 1894 and following years, up to the time of his naturalization in the United States For the minister, R. KRAG. [Inclosure 3.] Mr. Swenson to Dr. Deuntzer. LEGATION OF THE UNITED STATES, EXCELLENCY: I have the honor to submit the following military-service case of Anton Miller (Anthon Marius Miller), a naturalized citizen of the United States. Mr. Miller was born in Denmark March 6, 1864. He performed six months' military service in 1886, and would have been called in again for the required one month's duty in 1888 and 1890. In March, 1887, however, he emigrated to the United States, where he became naturalized as an American citizen, before the district court, second judicial district, at St. Paul, Minn., January 5, 1898. The following year he returned to Denmark for the benefit of his wife's health. He resided two years in Copenhagen, and is now at Veile, Jutland. The condition of his wife's health, as well as his own, has protracted his stay in his native country. You will find inclosed herewith a certificate from Dr. G. Schleisner, Veile, regarding Mr. Miller's physical condition. He intends to return to the United States as soon as his wife has regained sufficient strength to justify him in bringing her back to their home in St. Paul, Minn. In the spring of 1900 he was summoned before the competent authority in Copenhagen and adjudged to pay a fine of 20 kroner and to serve a two days' jail sentence for having neglected to obtain the required permit from the minister of justice at the time of his emigration. Having paid this penalty for an offense committed while yet under the jurisdiction of the Danish authorities, he was not further amenable to the military-service laws of Denmark, his American citizenship exempting him therefrom. He has, nevertheless, received notice from the recruiting office of Fredericia to report for military duty at that place September 12 next. Mr. Miller asks me to intercede for him. I will thank your excellency to bring his case to the attention of the proper authority, with a view to advising the office at Fredericia to make no demand on him for military service. I avail, etc., LAURITS S. SWENSON. [Inclosure 4.—Translation.] Dr. Deuntzer to Mr. Swenson. MINISTRY FOR FOREIGN AFFAIRS, MR. MINISTER: By a note dated the 27th ultimo you informed me that a Mr. Anthon Marius Möller (Miller), born in Denmark March 6, 1864, and naturalized as a citizen of the United States in 1898, had, while temporarily sojourning in Denmark, received notice to report for military service, and you requested that the necessary orders be issued for his exemption from such duty. I lost no time in submitting Mr. Miller's case to the competent authority, and I have the honor to inform you that I have received a communication stating that on appearing before the court of revision he was excused from service on account of sickness. The case is, accordingly, closed. Be pleased, etc., DEUNTZER. |