[Inclosure 1.]
Mr. Ravn to Mr.
Swenson.
“Solhjem”, pr. Gentopte, February 12, 1902.
Sir: I most respectfully beg of you to
excuse the liberty taken in writing to you, but I should like your
opinion in the following case:
I emigrated to the United States of America twenty years ago and five
years after was duly naturalized as an American citizen. During my
stay there I held the position of state inspector of immigration
(New York State) and later as United States inspector of
immigration, which place I held for eight years; but was removed
during the last Cleveland Administration, as I had always been a
loyal Republican.
As you learn from my address, I am at present in Denmark. Should I
decide to remain here, am I still a United States citizen and will I
always remain such provided I do not declare my intentions to become
a Danish subject? I consulted a lawyer who said that inasmuch as I
had been baptized and confirmed here I have not lost my rights as a
Danish subject. My contention is, that when I became a United States
citizen I swore allegiance to the States and forfeited thereby my
Danish citizenship, which, I claim, I can not reobtain unless I
remain here the same length of time required of bona fide
foreigners. Should you be pleased to decide in this matter I shall
feel it as a great esteem.
I beg, etc.,
[Inclosure 2.]
Mr. Swenson to
Mr. Ravn.
Legation of the United States,
Copenhagen, February 17, 1902.
Sir: I have to acknowledge the receipt of
your letter of the 12th instant, requesting me to enlighten you as
to the status of your citizenship. It appears from your statement
that you emigrated to the United States twenty years ago, where you
were duly naturalized as an American citizen; and that you have
returned to Denmark, the country of your nationality, and taken up
your residence there.
You ask, “Should I decide to remain here, am I still a United States
citizen; and will I always remain such, provided I do not declare my
intention to become a Danish subject?”
[Page 378]
Further on you say: “My contention is, that when I became a United
States citizen I swore allegiance to the States and forfeited
thereby my Danish citizenship, which, I claim I can not reobtain
unless I remain here the same length of time required of bona fide
foreigners.”
In reply to your interrogatory, I beg to inform you that your removal
from the United States and your taking up a permanent domicile in
Denmark would be considered by the executive authorities of the
former country as an act of expatriation; that is, you would be
looked upon as having voluntarily surrendered your claim to American
citizenship and, in consequence, to the protection of the United
States Government.
If, on the other hand, your residence abroad is only temporary, and
if it is your bona fide intention to return to the United States and
continue your residence there permanently, your acquired citizenship
would not be forfeited by your absence from the country of your
adoption, even for a comparatively long period of years. You will
thus see that the question of your American citizenship depends upon
your intention regarding future domicile. No mode of expatriation is
provided by the Constitution or the statutes of the United States;
hence the question as to what constitutes such an act must be
determined largely by the circumstances surrounding the case. It is
not within the province of diplomatic representatives of the United
States to pass upon the civil status of its inhabitants, except in
so far as their duty to extend the protection of their Government to
citizens of the country makes it necessary for them to determine who
are to be considered citizens. Beyond this point the question is one
for the judicial, not the executive, branch of the Government to
settle. The executive officers, of course, aim to harmonize their
decisions with those of the courts; hence it may reasonably be
inferred from their opinions what the courts would hold in a given
case.
With reference to your contention regarding the Danish laws on
naturalization and expatriation, I beg to say that it is not
pertinent for me to give an opinion on that subject.
Very respectfully,
