Mr. Swenson to Mr.
Hay.
Legation of the United States,
Copenhagen, April 17,
1903.
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.,
[Inclosure 1.]
Mr. Lind to
Acting Consul Ericksen.
Svendborg, January 20,
1903.
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.,
[Inclosure 2.]
Mr. Swenson to
Mr. Lind.
Legation of the United States,
Copenhagen, January 24, 1903.
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,
[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,
[Page 387]
[Inclosure 4.]
Mr. Swenson to
Mr. Eltzholtz.
Legation of the United States,
Copenhagen, March 25, 1903.
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,
