Mr. Risley to Mr. Olney.

No. 153.]

Sir: Referring to your dispatch No. 153, dated November 28, 1896, relating to the case of Jens Anton Edvard Sorensen, a naturalized citizen of the United States of America, I have the honor to report that I have had a correspondence with him, and subsequently he has called at this legation and presented the usual application for a passport, supported by affidavit, identification, oral examination, court records, and other documentary proofs (which will be forwarded with the regular quarterly report of passports); by all of which I am satisfied that he was born in Varde, Denmark, in 1865, immigrated to New York in [Page 119] March, 1886, and was duly naturalized as a citizen of the United States on the 20th of October, 1891. He returned to Denmark in August, 1894, bringing with him his wife, whom he had married in America, and two children, both born in that country, for the purpose of making a visit to his family and to aid his mother in settling the estate of his father, who had died the previous year; that while so engaged an aunt of his died in 1895 at Varde, leaving by will the whole of her small estate to him, and he has since been employed in settling the same. I am entirely satisfied from his statement and proofs that he came back to Denmark with the intention of returning to the United States and residing and performing the duties of a citizen therein, and that he would have returned before this but for the circumstances above referred to. The business which has detained him here is now nearly settled, and he states that it is his intention to return to America between this date and the 1st of April next.

In August last, whence had been back in Denmark barely two years, the authorities of the town or district of Yarde summoned him to appear for examination for military duty. He appeared and claimed exemption on the ground that he was a citizen of the United States and intended to return to America, and also made some claim of physical disability, and at an adjourned meeting produced his certificate of naturalization (the same referred to in your dispatch No. 153) and demanded that he be released. It appears that the hearing was adjourned and the certificate sent to the ministry of justice in Copenhagen, with an inquiry as to its authenticity, and subsequently, through the ministry of foreign affairs, to the Danish ministry, who referred the inquiry to the Department of State. Sorensen has not since been called before the authorities, but has been informed that he will be held to the performance of military service, and will be called upon for such duty in April next. It is said he is also liable to fine and imprisonment for not having presented himself for such duty at the proper time, though no judgment has yet been pronounced against him to that effect, so far as he knows. It is inferred that the board or tribunal held that the certificate of naturalization was not sufficient evidence of his United States citizenship (as in fact it was not the proper evidence), or that by having returned to and resided in Denmark more than two years he is concluded from asserting his intention to return to the United States, and his citizenship in the latter country is thereby renounced. I have a certified copy of the record of the proceedings of that board, and it states no ground for its conclusion. He is clearly entitled to a passport, unless it be held that the point of renunciation is well taken.

The language of the treaty of naturalization of 1872, Article III, last sentence, is far from clear, and so far as I can learn here has never been judicially or officially construed in any case. It seems to me that the reasonable construction is that “more than two years’ residence” may be held presumptive evidence of the nonintention to return, but that presumption may be overcome by proof to the contrary.

As above stated, I am entirely satisfied by the evidence that it has constantly been and still is Sorensen’s intention to return to the United States, and that he has been kept here so long only by business which, under the treaty of 1826, a citizen of the United States has a lawful right to carry on, and to reside in this country while transacting it.

As it seemed important to Sorensen to have immediate protection, I have, without delaying for reference of the question to the department, issued a passport to him.

I have, etc.,

John E. Risley.