Mr. Swenson to Mr. Hay.

No. 298.]

Sir: I have the honor to inclose herewith, for your information, copies of correspondence dealing with the amenability of N. H. Lind and Ditley Eltzholtz, naturalized American citizens, formerly subjects of Denmark, to the military conscription laws of their native country in case of temporary residence therein.

Having received no further communication from Mr. Lind, I presume that the authorities have taken satisfactory action on his case.

Mr. Eltzholtz merely requests information bearing on eventual contingencies. My reply to his interrogatories is self-explanatory.

I have, etc.,

Laurits S. Swenson.
[Inclosure 1.]

Mr. Lind to Acting Consul Ericksen.

Dear Sir: As a naturalized United States citizen I hereby call on you, kindly asking your estimable advice concerning my position toward the Danish military authorities.

I was born in Svendborg, from where I, in the year 1892, left for America, where I became naturalized as soon as I was of age, being then 17. In November, 1900, I returned home for a visit, intending to stay about a year or so, but on account of [Page 386] private circumstances was prevented from leaving, and will not be able to return to Chicago, where I am interested in business, before next June. Last October military conscription was held here in Svendborg, which I was ordered to attend, which I did, at the same time presenting my citizen paper, and having at that time not been at home the two years stipulated in the convention between the United States and Denmark, they were obliged to let me alone, telling me though to meet next October, 1903, if I still was in the country.

I was some time later called into court (still inside the above-mentioned two years) on charge of having not reported my return from abroad; but this being a law enacted by the military authorities of Denmark, I have not considered myself bound to acknowledge same, being a citizen of another country. Now, I have stated my objections to the court, who has turned the matter over to the conscription office from where it originated. They do not seem to be willing to grant me my rights, but want me to pay a fine.

Now, the question is this: Do I, by paying this fine, admit or acknowledge their right to enlist me as a soldier, which they exceptionally can do already in (June) the spring? And as I can not leave before June, it will be very inconvenient for me. Would you advise me to pay this fine, or see the judgment of a higher court? What do you think most advisable? I am posted by friends who have to deal with this affair to look out for eventualities. I deem this the proper way to go and to obtain my rights as a citizen of the United States. I should be much gratified, if you would give this matter your kind attention, and, as I am booked to meet in court next Friday, you would do me a special favor in answering by return mail, if convenient.

I remain, etc.,

N. H. T. Lind.
[Inclosure 2.]

Mr. Swenson to Mr. Lind.

Sir: Your letter of the 20th instant to Acting United States Consul Ericksen has been handed to me for reply. I inclose herewith a copy of a circular issued by the Department of State, under date of April 10, 1901, respecting the liability of citizens of the United States under the military and expatriation laws of their native country. This notice, you will observe, has special reference to American citizens, formerly subjects of Denmark, who contemplate returning to that country. I trust that you will find this brief synopsis of the Danish conscription laws valuable in so far as it has a bearing on your case.

I may add that your temporary residence in Denmark beyond the two-year limit referred to in your letter does not expatriate you as a citizen of the United States, and hence does not render you liable to military duty in the country of your birth, provided you intend to return to the United States within a reasonable time for the purpose of continuing your permanent domicile there.

You waive no rights on these points by paying such fine or fines as you may have laid yourself open to under the laws and regulations set forth in the circular herewith.

Respectfully, yours,

Laurits S. Swenson.
[Inclosure 3.—Translation,]

Mr. Eltzholtz to Mr. Swenson.

The honorable legation is respectfully requested to make authentic reply to the following interrogatories:

My son was called out as guardsman in 1892; but owing to heart disease he was sent home after two months’ service, with orders to meet again at the following session. He met, but was again sent home, with the same instructions. Meanwhile he emigrated to America, where he has resided nine years. He desires to visit his old home next summer and asks if in that event he would run the risk of being required to perform military service, or if he would be let off by paying a fine. How large would such fine be? Can the matter be arranged previous to his visit? He is an American citizen.

Respectfully,

Ditlev Eltzholtz.
[Page 387]
[Inclosure 4.]

Mr. Swenson to Mr. Eltzholtz.

Sir: Replying to yours of the 23d instant, I beg to say that under the military conscription laws of Denmark a person whose name has been or should have been entered on the conscription lists makes himself liable to a fine of from 25 to 100 kroner or imprisonment, or both, if he emigrates without reporting his intended departure to the local authorities.

A person above the age of 22 entered for military service must obtain a permit from the minister of justice to emigrate. Noncompliance with this regulation is punishable by a fine of from 20 to 200 kroner or imprisonment, or both.

Your son’s American citizenship does not exempt him from penalties for offense committed against Danish law before his emigration. He is liable to military service that was due and unperformed at the time of his emigration. I have no means of knowing what action the Danish authorities would take in case your son should return to his native country on a visit. In a few similar cases the right to exact military service has been waived as a matter of courtesy. The penalty for the violations referred to above is generally fixed at 40 kroner, to which is sometimes added three days’ confinement (husarrest). The circumstance that your son was sent home twice on account of physical disability would, it seems, dispose the authorities to deal leniently with him. I can take “no steps in the matter as long as the case is merely a hypothetical one.

I would suggest that your son bring with him his certificate of naturalization and that he procure a passport either from the Department of State at Washington, or, on his arrival here, from the legation.

Respectfully, yours,

Laurits S. Swenson.