Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 3, 1901
Mr. Swenson to Mr. Hay.
Copenhagen, March 26, 1901.
Sir: I have the honor to transmit herewith copies of the correspondence in the military-service case of Sören Laurids Sörensen, a former Dane, naturalized in the United States, who, upon his return to Denmark, has been summoned for military duty.
I respectfully submit my report without any further comment, as the facts in the case are fully set forth in the inclosures herewith.
I have, etc.,
Mr. Sörensen to Mr. Blom, vice-consul.
Sir: I would request you to enlighten me on the following question: I emigrated to America at the age of 21 years 6 months. I resided in the United States seven years, and acquired American citizenship by naturalization. When I returned to Denmark three years ago I met at the conscription session, and on exhibiting my certificate of naturalization, I was informed that if I was in the country two years from that time I was to present myself again at that place. I returned to America, however, before the expiration of the two years, remaining there about one year.
On my return here two weeks ago I was notified to appear at the conscription session, where I was enlisted for military service. No notice was taken of my citizenship papers. Can I be required to perform military duty? If so, why was I not pressed into the service three years ago. I attained my thirty-second year in August this year. I desire to be informed, at your earliest convenience, if the authorities have a right to require me to meet for duty immediately after my return here, when I am an American citizen. Had I been conscripted three years ago, and then left the country, the case would have been different.
Note the fact that I am 32 years of age and have resided in America as stated above.
Respectfully, yours,
Mr. Swenson to Mr. Sörensen.
Copenhagen, September 28, 1900.
Sir: Before giving any definite reply to your communication of the 24th instant to Mr. Jules Blom, I beg that you will be good enough to inform me if at the time of your emigration to the United States you had completed your military service, if you secured a permit to emigrate, and if you intend to return to the United States for the purpose of residing and performing the duties of citizenship there.
Kindly send me your certificate of naturalization, which will be returned to you after examination.
Respectfully, yours,
Mr. Sörensen to Mr. Swenson.
Sir: Thanking you for yours of the 28th instant, I beg to say that I had not completed my military service when I emigrated to America.
I emigrated before I was 22 years of age; and before that time one is not required to meet at the session to be conscripted for service. I reported my emigration to the proper authority in Denmark. I intend to return to America if I can get my affairs here arranged satisfactorily. But you know better than I do that I can live two years abroad as an American citizen; that is what the consul in Chicago informed me before I left. I inclose my certificate of naturalization, which you will please return.
Mr. Swenson to Mr. Schested, minister for foreign affairs.
Copenhagen, October 1, 1900.
Excellency: I have the honor to invite your excellency’s attention to the following military-service case:
Sören L. Sörensen, who emigrated from Denmark to the United States at the age of 21 (he is now 32), was duly naturalized as an American citizen in 1895. In 1897 he visited his native country, returning to the United States after a stay of less than two years. About the middle of last September, he again returned to Denmark, and he has recently been notified that his name has been entered on the conscription rolls for military duty. His present address is Bramminge, Jutland. No military service had been required of him before his emigration, and he secured the usual permit before leaving the country. He appears to be here on a matter of business, which he wishes to arrange so as to be enabled to return to the United States. 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 duty.
I avail, etc.,
Mr. Swenson to Mr. Sörensen.
Copenhagen, October 1, 1900.
Sir: Replying to yours of the 29th ultimo, I beg to inform you that I have this day addressed a communication to the Danish minister of foreign affairs requesting that your name be stricken off the conscription rolls and that you be exempted from military duty.
Your certificate of naturalization is returned herewith.
Respectfully, yours,
Mr. Sörensen to Mr. Swenson.
Sir: Replying to yours of November 29, 1900, I beg of you to kindly inform me if I am stricken off the conscription rolls and exempted from military duty.
Please let me know soon as possible.
Respectfully, yours,
Mr. Swenson to Mr. Sörensen.
Copenhagen, January 25, 1901.
Sir: Replying to yours of the 24th instant, inquiring if your name has been stricken off the conscription rolls, I beg to say that the ministry of justice has not yet notified the foreign office as to what action has been taken in your case. As soon as I receive such notice I shall advise you.
Respectfully, yours,
The minister of foreign affairs to Mr. Swenson.
Mr. Minister: In a note, dated October 1, 1900, you have been good enough to invite my attention to the case of Sören Laurids Sörensen, who, though a naturalized citizen of the United States, has been entered upon the conscription rolls of Denmark, the country of his birth, where he is making a short sojourn for the purpose of arranging certain business matters.
After having corresponded with my colleague, the minister of justice, I have the honor to inform you as follows regarding the case of the person in question: The above-named Sören Laurids Sörensen, who was born in Denmark in 1868, and who at the age of 17 was entered on the conscription rolls, emigrated in 1890, after having notified the proper authorities as required. His name was not, however, stricken from the rolls. In May, 1897, he returned to Denmark, and in July of that year he purchased a piece of property at Nöraa, in the commune of Bramminge, which, in the month of March, 1898, he exchanged for property situated in the village of Bramminge, thus for a second time becoming a proprietor. He remained in Denmark until the month of September, 1899; that is to say, more than two years. In September, 1899, he entered upon his second journey to the United States; not, however, with the intention of remaining; but for the purpose of selling a piece of property which he owned there.
Finally, on his return to Denmark in September, last year, he was summoned for military duty.
The above-named Sörensen having been domiciled in Denmark more than two years, having become a proprietor, and having made his living both as agriculturist and as keeper of a temperance hotel, my colleague, the minister of justice, considers his summons to military service entirely legitimate, in accordance with Article III of the convention concluded between Denmark and the United States July 20, 1872.
I avail, etc.,
Mr. Swenson to Mr. Sörensen.
Copenhagen, March 16, 1901.
Sir: Referring to my letter of January 25, last, I now inform you that the minister of justice has decided your case.
After a careful investigation he has come to the conclusion that you are liable to military duty in Denmark. From a note addressed to me by the Danish minister of foreign affairs I learn the following facts regarding your case:
You were born in Denmark in 1868. At the age of 17 you were entered on the conscription rolls. In 1890 you emigrated to America, after having notified the proper authorities, as required. Your name was not, however, stricken from the military rolls. In May, 1897, you returned to Denmark, and in July of that year you purchased a piece of property at Nöraa, in the commune of Bramminge, which, in the month of March, 1898, you exchanged for property situated in the village of Bramminge, thus for a second time becoming a proprietor.
[Page 139]You remained in Denmark until the month of September, 1899; that is to say, more than two years. In September, 1899, you entered upon your second journey to the United States; not, however, with the intention of remaining, but for the purpose of selling a piece of property which you owned there. Finally, on your return to Denmark, in September, last year, you were summoned for military duty.
The above facts establish a strong presumption that you have withdrawn not only your person, but also your interests, from the United States, and, on their face, show absence of intent to return for the purpose of residing and performing the duties of citizenship there.
You appear to have returned to the country of your original allegiance to secure a permanent livelihood there. Unless you furnish strong and satisfactory proof in rebuttal of the contention made by the minister of justice, namely, that you have taken up your permanent domicile in Denmark without intent to return to the United States, I have no authority to intercede with the Danish Government in your behalf.
Respectfully, yours,