Mr. Swenson to Mr.
Hay.
Legation of the United States,
Copenhagen
,
May 22,
1900
.
No. 169.]
Sir: I have the honor to inclose herewith for
your information copies of the correspondence between this legation and
the Danish foreign office in re Frederick Albert Sundberg, a naturalized
citizen of the United States, temporarily residing in Denmark.
My note to the foreign office, a copy of which is herewith inclosed,
gives a full statement of the case. In complying with my request to
strike Mr. Sundberg’s name from the conscription rolls the minister of
justice construes the provisions of the treaty of 1872, Article III, in
harmony with the interpretation of the Department of State, which has
always held that “more than two years’ ‘residence’ is not to be
considered as prima facie and conclusive evidence of nonintention to
return, but only as presumptive evidence open to rebuttal.”
Heretofore the Danish Government has acceded to similar requests on the
part of our diplomatic representatives at this court out of courtesy,
without reference to treaty stipulations. This is the first time that
the Danish Government has given recognition to our construction of the
above treaty on the subject of naturalization.
I have, etc.,
[Inclosure 1.]
Mr. Swenson to
the Minister of Foreign
Affairs.
Legation of the United States,
Copenhagen
,
February 17, 1900
.
No. 68.]
Excellency: Mr. Frederick Albert Sundberg,
a naturalized citizen of the United States, and the bearer of
passport No. 23, issued by this legation under date of the 17th
instant, has been cited to appear at the recruiting office in this
city for the purpose of enrolling his name on the conscription
lists. Mr. Sundberg was born in Copenhagen December 22, 1871. At the
age of 16 he emigrated to the United States, of which he became a
naturalized citizen in 1893. In June of the same year he accompanied
to Copenhagen a sick brother, who had resided in New York City,
returning thither in September. The following year he was taken
sick, and on the advice of his physician went to Europe, spending a
year and a half in Helsingborg and Malmo, Sweden. March 4, 1896, he
came to Copenhagen, where he has since resided, being employed as a
cutter in a tailoring establishment. He states that his residence
here is only temporary; that it has always been his intention to
return to the United States to take up his permanent residence and
perform the duties of citizenship there, and that family
considerations and the state of his health have protracted his stay
in Denmark beyond his original intentions. From the above, as well
as from statements made to me by Mr. Sundberg’s employers, and from
a careful examination into the circumstances surrounding the case, I
am satisfied that his representations are made in good faith, and in
consequence I have issued to him a passport in accordance with the
established practice of my Government in such cases. He appeals to
me for intervention in his behalf, and I would respectfully request
that your excellency be good enough to bring his case to the
attention of the proper authorities, to the end that his name may be
stricken from the conscription rolls and that he may be exempted
from military service.
I avail, etc.,
[Page 424]
[Inclosure
2.—Translation.]
The Minister of Foreign
Affairs to Mr. Swenson.
Copenhagen
,
May 21,
1900
.
Mr. Minister: Referring to your note of
February 17 last, in which you requested that the name of Frederick
Albert Sundberg, a naturalized citizen of the United States, be
stricken from the military conscription rolls, I have to inform you
that in the absence of sufficient reason for supposing that Mr.
Sundberg has abandoned his intention to return to America, my
colleague, the minister of justice, has, in accordance with article
3 of the convention concluded between Denmark and the United States
July 20, 1872, ordered his name stricken from the rolls for the
present.
I avail, etc., for the minister,
