The consul appeared before the competent authorities asking their aid in arresting the sailor deserters, as customary in all ports; but the said authorities refused to grant the request of the consul, on the ground that there was no existing treaty between Spain and the United States that could be invoked to effect the arrest he desired. Those authorities acted, no doubt, according to their strict right. There are, it is true, no treaties existing between the two countries, but your excellency knows that the abnormal situation which such a circumstance may create has been in many and various cases remedied by a spirit of mutual courtesy through which, even without signature of treaty, transactions are allowed and of common occurrence among friendly nations. Such is the present instance. The injury which would result from the prevalence of the opinion of the Federal authorities of New Orleans to the navigation and commerce of both countries can not be truly estimated. The sailors of merchant vessels could desert with impunity, and the contracts of their masters would become a dead letter, while there would be no legal means of punishing the guilty. In view of these considerations I would be much obliged to your excellency if you will kindly state to me what is your opinion on so important a subject, and if there will not be means in the future, until the execution of treaties which will certainly contain clauses governing such cases, of avoiding the impunity remaining to deserters from the mercantile marine. I avail, etc., ARCOS. Mr. Adee to Duke de Arcos. No. 233.] DEPARTMENT OF STATE, SIR: Referring to your note of the 25th ultimo, asking at the instance of the Spanish consul at New Orleans whether there is not some means, pending the consideration of a new treaty, to avoid the exemption from punishment of deserters from Spanish vessels in the United States, with particular reference to the recent desertion of some of the crew of the Barcelona steamship Puerto Rico, I have the honor to inform you that the Secretary of the Treasury, to whom the matter was referred, reports that his Department is not aware of any law or regulation providing for the punishment of deserters under the circumstances such as you describe. It may be stated further that in the act approved December 2, 1898, Congress formally repealed the laws then existing which authorized the arrest of deserters from vessels of the United States in ports in this country. Accept, etc., ALVEY A. ADEE, PASSPORT APPLICATION OF A NATIVE OF THE ISLAND OF GUAM. No. 583.] Mr. Storer to Mr. Hay. LEGATION OF THE UNITED STATES, SIR: I have the honor to report that this legation has received, through the consulate-general at Barcelona, the duplicate application or the granting of a passport to Mr. José Portusach. The applications, which are for himself, his wife, and his four minor children, have been made out on the theory that the applicant, on account of his having been born in the island of Guam in May, 1859, is now a native-born American citizen. The applications also recite that his family is temporarily sojourning at Barcelona, and is the bearer of a temporary passport issued by the governor of Guam in the month of August last, bearing the seal of the executive office, and signed by the governor's adjutant, Pressly. He desires this for the purpose of traveling, and intends to return to the United States-that is to say, to the island of Guam-within one year. The passport issued by the governor of Guam is inclosed, and also certain correspondence between the governor of Guam, Commander Schroeder, and Major Jones, quartermaster, which fully identifies the applicant. I am in doubt, first, whether the island of Guam stands under the instruction of the Department regarding the certification of passports or cédulas hailing from the Philippine Islands; second, I am in doubt whether, being born in Guam, he thereby becomes a native-born citizen of the United States. I respectfully ask the instructions of the Department whether I shall proceed to issue a passport or shall content myself with legalizing in the usual form, by visa, the passport issued by the governor of Guam, and if I am to issue a passport, whether it should be issued to him as a native-born citizen of the United States or not. I have, etc., Mr. Hay to Mr Storer. BELLAMY STORER. No. 397.] DEPARTMENT OF STATE, Washington, December 24, 1901. SIR: I have to acknowledge the receipt of your No. 583, of the 5th instant, reporting that an application for a passport has been made to you by Mr. José Portusach, a native of the island of Guam. In reply I have to say that in the absence of legislation by Congress, you may treat the applicant as you would an inhabitant of Porto Rico or the Philippine Islands, following the instructions you already have. I am, etc., JOHN HAY. SWEDEN AND NORWAY. REASSUMPTION OF GOVERNMENT BY KING OSCAR. Mr. Thomas to Mr. Hay. [Telegram.-Paraphrase.] LEGATION OF THE UNITED STATES, (Mr. Thomas reports the reassumption of Government by King Oscar on January 21.) Mr. Hay to Mr. Thomas. [Telegram.-Paraphrase.] DEPARTMENT OF STATE, Washington, January 21, 1901. (Mr. Hay directs Mr. Thomas to tender the President's congratulations upon reassumption of Government by King Oscar.) LIABILITY OF NATURALIZED CITIZENS OF THE UNITED STATES LAWS OF THEIR NOTICE TO AMERICAN CITIZENS FORMERLY SUBJECTS OF SWEDEN WHO CONTEMPLATE RETURNING TO THAT COUNTRY. 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 nonfulfillment of military duty and desertion from a military force or ship are offenses. A naturalized American who performed his military service or emi a See instruction to Austria-Hungary, December 10, 1900, page 7. grated 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. Passports are not required from persons entering or traveling in the Kingdom, but they may be called upon to establish their citizenship, and are consequently advised to procure passports. DEPARTMENT OF STATE, Washington, February 9, 1901. NOTICE TO AMERICAN CITIZENS FORMERLY SUBJECTS OF NORWAY WHO CONTEMPLATE RETURNING TO THAT COUNTRY. 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 Norway are liable to performance of military duty in and after the calendar year in which they reach their twenty-second year. Under the treaty between the United States and Sweden and Norway, a naturalized citizen of the United States formerly a subject of Norway 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 Norway committed before his emigration, saving always the limitations and remissions established by those laws. gration itself is not an offense, but nonfulfillment of military duty and desertion from a military force or ship are offenses. Emi 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 Norway. He 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. Passports are not required from persons entering or traveling in the Kingdom, but they may be called upon to establish their citizenship, and are consequently advised to procure passports. MILITARY SERVICE CASE OF JOHANNES P. HOILAND. Mr. Hay to Mr. Thomas. No. 118.] DEPARTMENT OF STATE, Washington, August 20, 1901. SIR: I inclose copies of two letters from Mr. Ole J. Vaule, of Crookston, Minn., who has asked the Department to obtain redress from . the Government of Norway for Johannes P. Hoiland, a naturalized American citizen, for alleged unlawful arrest and imprisonment. The facts, as stated, appear to be as follows: Hoiland was born in Norway, December 23, 1861, and emigrated to the United States in April, 1883, when he was 21 years and 4 months old. He was naturalized in the United States in March, 1896. In December, 1897, he returned to Norway for a visit; in November, 1898, he was notified that he had been fined 20 kroner for failure to be present at a military meeting, and informed that he could not return to America until the fine was paid. He refused to pay the fine, on the ground that he was a citizen of the United States and did not have to do military duty in Norway. On June 7, 1898, he was arrested for declining to drill as a soldier and held under arrest until the next day, when he was released. In August, 1899, it seems that proceedings in regard to the fine were taken in the courts, by which it is said the fine was raised to 32 kroner, but on appeal by Hoiland to the supreme court the judgment of the lower court was, on March 8, 1900, reversed on the ground that Hoiland was a citizen of the United States and had duly notified the authorities of his intention to emigrate. He was permitted to leave Norway, which he did on March 17, 1900. It seems that Hoiland had no written emigration permit, but it is said that under the laws of Norway a written permit was not necessary, as he was at the time of his emigration only 21 years and 4 months old. It is also said that at the time of his emigration Hoiland had not drawn lot as to whether he should belong to the regular army or to the reserves, and under the laws of Norway one may, before he has drawn such lot, emigrate upon a mere notice to the commissioner of his district or parish of his intention to do so. An alleged original statement from one who was formerly such commissioner is transmitted to the Department, in which it is stated that Hoiland notified him of his intention to emigrate to America. Under the naturalization treaty in force between the two countries, a former Norwegian who has emigrated after he has attained the age when he becomes liable to military service and returns again to his original country, is liable to trial and punishment for an act punishable by the laws of Norway and committed before his emigration. The Department would be pleased to have you investigate the case and report the facts ascertained by you. I am, etc., JOHN HAY. [Inclosure 1.] Mr. Vaule to Mr. Hay. CROOKSTON, MINN., June 9, 1900. SIR: April 30 last past I wrote you to the effect that one Johannes Hoiland, a citizen of this country, went to Norway for a visit in 1898 (it should have been 1897) and was by the authorities of that country arrested, fined, and detained over there for a couple of years for refusing to do military duty in that country, and that he desired your office to intercede in his behalf to obtain redress from the Government of Norway for the grievances he has sustained, and asked you to let us know how you wanted the case presented. May 7, 1900, you wrote me to the effect that before you would comply with my request, you wanted to know Hoiland's age when he emigrated to the United States, |
