tificate of naturalization, and requesting that, if the facts should be found to be as stated, his name might be removed from the list of deserters, so that he might enjoy within the Empire the privileges of an American citizen. The Austrian Government replied that, his legal naturalization having been fully established, the necessary steps had been taken to terminate the proceedings for evasion of military duty and to have his name dropped from the military lists, in conformity with the treaty of Sept. 20, 1870. For. Rel. 1898, 10-15. Referring to the case of Peter Hornik, a naturalized citizen of the United States, of Hungarian origin, who was said to have been notified by the Austro-Hungarian authorities, on his return to his native country, to appear for military service, the United States legation at Vienna reported: "It would seem that Mr. Hornik was in no way detained or molested contrary to his rights as an American citizen, but that the summons sent to him was merely the usual demand made in this country of all returning emigrants to prove their freedom from liability to perform military service. This demand was met satisfactorily in the case of Mr. Hornik by the exhibition of his naturalization certificate, which established his American citizenship." Mr. Tower, min. to Austria-Hungary, to Mr. Sherman, Sec. of State, "The questions raised in this case appear to be pretty thoroughly covered by the case of Ladislao Sedivy, the correspondence concerning which is printed in Foreign Relations for 1896, pages 6 et seq., which was made a test case by your predecessor, Mr. Tripp. The position taken by Mr. Tripp was that a returning American citizen of Austro-Hungarian birth can not be punished for a crime committed by act of emigration but only for an offense committed before emigration, and that in all cases when the member of the reserve corps emigrated before receiving a call into active service he was guilty of no crime against the military laws of Austria-Hungary and was not subject to arrest upon his return nor to punishment as a deserter. This position was conceded by the Austrian authorities." Mr. Hay, Sec. of State, to Mr. Harris, min. to Austria-Hungary, May 10, 1900, For. Rel. 1900, 30, 31. "On several previous occasions the attention of Congress has been directed to the questions arising with Austria-Hungary growing out of arrests of returning naturalized citizens on the ground of unfulfilled military service accruing before they acquired our nationality. The progress steadily made toward their settlement has been most satisfactory, and the published correspondence will show the disposal of a residual issue touching the treaty exemption of such citizens from liability for constructive offence in the act of emigration itself, while the understanding of the two Governments as to the class and scope of punishable acts committed by such persons prior to emigration has become more precise. In consequence, arrests on this score have become infrequent in Austria-Hungary, and release promptly follows the representations of our agents in all worthy cases." (Report of Mr. Olney, Sec. of State, to the President, Dec. 7, 1896, For. Rel. 1896, lxiii.) 4. BELGIAN TREATY. $ 405. "The information given below is believed to be correct, yet it is not to be considered as official, as it relates to the laws and regulations of a foreign country. "Every male Belgian must register during the calendar year in which he reaches the age of 19 years to take part in the drawing of lots for the raising of the necessary military contingent. 'Anyone who has drawn a number which designates him for military service, or in case of his absence has had a number drawn for him by the proper authority, is punishable if he does not answer the call for service. "Under the terms of the convention between the United States and Belgium a Belgian naturalized as a citizen of the United States is considered by Belgium as a citizen of the United States; but upon return to Belgium he may be prosecuted for crime or misdemeanor committed before naturalization, saving such limitations as are established by the laws of Belgium. “A naturalized American formerly a Belgian, who has resided five years in this country, can not be held to military service in Belgium or to incidental obligation resulting therefrom, in the event of his return, except in cases of desertion from organized or embodied military or naval service." Circular Notice, Department of State, Feb. 5, 1901, For. Rel. 1901, 16. 5. DANISH TREATY. § 406. "The information given below is believed to be correct, yet it is not to be considered as official, as it relates to the laws and regulations of a foreign country. 66 Military service becomes compulsory to a subject of Denmark during the calendar year in which he reaches the age of 22 years. "In November or December of the year in which he becomes 17 years old he is expected to report for enrollment on the conscrip i tion lists. If he neglects to do so he may be fined from 2 to 40 kroner; but if his neglect arises from a design to evade service he may be imprisoned. "In case he fails to appear when the law requires that he be assigned to military duty he is liable to imprisonment. "When one whose name has been or should have been entered on the conscription lists emigrates without reporting his intended departure to the local authorities he is liable to a fine of from 25 to 100 kroner. "A person above the age of 22 years 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. "The treaty of naturalization between the United States and Denmark provides that a former subject of Denmark naturalized in the United States shall, upon his return to Denmark, be treated as a citizen of the United States; but he is not thereby exempted from penalties for offenses committed against Danish law before his emigra tion. If he renews his residence in Denmark with intent to remain, he is held to have renounced his American citizenship. "A naturalized American, formerly a Danish subject, is not liable to perform military service on his return to Denmark, unless at the time of emigration he was in the army and deserted, or, being 22 years old at least, had been enrolled for duty and notified to report and failed to do so. He is not liable for service which he was not actually called upon to perform." Circular Notice, Department of State, April 10, 1901, For. Rel. 1901, 139-140. See Mr. Day, Assist. Sec. of State, to Mr. Haskell, Nov. 13, 1897, 222 MS. Dom. Let. 371; Mr. Swenson, min. to Denmark, to Mr. Jensen, Feb. 18, 1901, For. Rel. 1901, 135. S. was born in Denmark in 1860. At the age of 17 he emigrated to the United States, after having notified the proper authorities as required. His name was not, however, stricken from the military rolls. He was naturalized in the United States in 1895, and in 1897 returned to Denmark, where he purchased a piece of property which he exchanged in the following year for another piece of property. In September, 1899, he went back to the United States for the purpose, as it was alleged, of selling some property which he owned there. In September, 1900, he again returned to Denmark, where he was summoned to perform military duty. The Danish Government maintained that, as he had been "domiciled in Denmark more than two years," had become a "proprietor," and had made his living there, "both as agriculturist and as keeper of a temperance hotel," his summons to do military duty was in conformity with article 3 of the treaty of July 20, 1872. It was held by the Government of the United States that the facts recited "would seem to throw upon Mr. Sörensen the onus of showing that his acts, as recited in the note, do not evince an intention on his part to acquire a permanent domicil in Jutland." Mr. Hay, Sec. of State, to Mr. Swenson, min. to Denmark, April 12, 1901, N. was born in Denmark, January 21, 1867. In September, 1886, he appeared for examination for military duty and was assigned to duty in the infantry. He then went to America. He stated that before doing so he wrote to the minister of war for leave, but he had not received it when he departed. He thus appeared to have violated the military law and to be liable to punishment as a deserter; but it seems that "in other cases of a similar character, when the returning visitor produced a passport from the United States, showing him to be a citizen of that country, the Danish Government refrained from exacting military duty or inflicting punishment for desertion." Mr. Risley, min. to Denmark, to Mr. Sherman, Sec. of State, Oct. 14, 1897, 6. TREATY WITH SWEDEN AND NORWAY. § 407. "The information given below is believed to be correct, yet is not to be considered as official, as it relates to the laws and regulations of a foreign country. "Subjects of Sweden are liable to performance of military duty in and after the calendar year in which they reach their twenty-first year. "Under the treaty between the United States and Sweden and Norway, a naturalized citizen of the United States, formerly a subject of Sweden, is recognized as an American citizen upon his return to the country of his origin. He is liable, however, to punishment for an offense against the laws of Sweden committed before his emigration, saving always the limitations and remissions established by those laws. Emigration itself is not an offense, but non fulfillment of military duty and desertion from a military force or ship are offenses. "A naturalized American who performed his military service or emigrated when he was not liable to it, and who infracted no laws before emigrating, may safely return to Sweden. "If he renews his residence in the Kingdom without intent to return to America, he is held to have renounced his American citizenship, and he will be liable to perform military duty.” Circular Notice. Department of State. Washington, Feb. 9, 1901, For. Rel. 1901. 486. A similar notice was issued with regard to Norway, with the following exceptions: “Subjects of Norway are liable to performance of military duty in and after the calendar year in which they reach their twenty-second year... "He [a naturalized American citizen returning to Norway] must, however, report to the conscription officers, and, on receiving a summons, present himself at the meetings of the conscripts in order to prove his American citizenship. “If he has remained as long as two years in Norway, he is obliged, without being summoned, to present himself for enrollment at the first session, since he is then deemed by Norway to have renounced his American citizenship. "If he renews his residence in the Kingdom without intent to return to America, he is held to have renounced his American citizenship.” A naturalized citizen of the United States of Norwegian origin, having been arrested and held for military service on his return to his native country, sought to make a claim for compensation. It appearing that his arrest and detention were due to "resistance to, and delay in complying with, the reasonable requirement to prove his American citizenship before the competent authority." it was held that the case did not present a proper ground for intervention. Mr. Hay, Sec. of State, to Mr. Thomas, min. to Sweden and Norway, VII. NATIONALITY OF MARRIED WOMEN. 1. MARRIAGE OF AMERICAN WOMEN TO ALIENS. (1) EFFECT ON STATUS. § 408. A woman who was born in South Carolina and resided with her father, a citizen of that State, in Charleston, at the time of the Declaration of Independence and afterwards, till 1781, when she was married to a British officer, with whom she went to England in 1872, where she remained till her death in 1801, was held to be an alien. The opinion of the court was not that she ceased to be a citizen simply by her marriage to an alien, but that her withdrawal with her husband, and her permanent adherence to the side of the enemies of the State down to and at the time of the treaty of peace (1783), operated |