VIENNA, December 21, 1868.

MY LORD: With reference to my dispatch to Lord Stanley, of the 8th instant, informing his lordship, in reply to the queries addressed to me in his dispatch No. 70, circular of the 11th of August, that according to the law of the western (Cisleithan) portion of the empire all children born of foreign parents in Austria are regarded as aliens, illegitimate children of aliens being regarded to follow the nationality of the mother, I have now the honor to inclose to your lordship a translation of a note I have this day received from the imperial chancery of State, stating that the laws of Hungary on that point are identical with those of Cisleitha.

I have, &c.,

The Right Hon. EARL of CLARENDON, K. G., §c., &c., &c.

A. G. G. BONAR.

In sequel to the note of this department, of 30th of last month, the ministry for foreign affairs has the honor to inform Mr. Bonar, &c., that as regards the nationality of illegitimate children born in this country of alien parents the laws in force in the lands belonging to the Hungarian Crown are identical with those of the western portion of the Austro-Hungarian monarchy.

The undersigned avails, &c.,

VIENNA, December 20, 1868.

BADEN.

BIEGELEBEN.

STUTTGART, September 2, 1868. MY LORD: In compliance with the instructions contained in your lordship's dispatch marked circular, of the 11th instant, I made the necessary inquiries in order to ascertain the state of the Würtemberg law with regard to the nationality of children born of alien parents within this kingdom, and the following is the result which I am now able to transmit to your lordship.

According to Würtemberg law all children born of alien parents in this kingdom are considered as inheriting the nationality of their parents; that is to say, all legitimate children the nationality of their father, and illegitimate children that of their mother; and the fact of a child of alien parents having been born on Würtemberg territory does not, according to the laws in force here, exercise any influence whatsoever upon the question of its nationality.

I have the honor to inclose the accompanying translation of a note from Baron Freydorf to Mr. Bailie, respecting the Baden law on this subject.

I have, &c.,

The LORD STANLEY, M. P., Sc., &c., &c.

G. J. R. GORDON.

[Translation.]

CARLSRUHE, August 28, 1868.

The Baden legislature proceeds upon the principle that children born of a legally recognized marriage follow the nationality of the father, and illegitimate children that of the mother, consequently the children of a foreign father born in the Grand Duchy, of a legally recognized marriage, or illegitimate children of a foreign mother are regarded as aliens.

Nevertheless, article 9 of the Baden "Landrecht" provides that any one born in the country of a foreign parent shall be entitled within a year after attaining his majority (which takes place in Baden after the age of 21) to claim the rights of a native-born subject, only if he resides in the Grand Duchy he must at the same time declare that he intends to fix his abode there, and, if he is in a foreign country, he must promise to fix his abode in the Grand Duchy, and actually settle there within a year after having made the promise.

According to article 9a. of the Baden "Landrecht," however, this claim must be submitted to the consideration of the government, for their recognition or refusal of the same, whenever such alien possesses by birth the right of nationality or a fixed abode in another state.

The undersigned avails, &c.,

EVAN M. BAILIE, Esq.

FREYDORF.

BAVARIA.

MUNICH, August 20, 1868. MY LORD: With reference to your lordship's circular dispatch of the 11th instant, I have the honor to transmit herewith a copy and a translation of a note of the 17th instant, which I received yesterday evening from Mr. de Daxenberger, in Prince Hohenlohe's absence, in answer to my inquiries relative to the state of the Bavarian law with regard to the nationality of children born of alien parents within the Bavarian

dominions.

From this note your lordship will perceive that according to Bavarian law the children of aliens, even when born in Bavaria, do not acquire the Bavarian citizenship, but are considered and treated as aliens, until they shall have been naturalized in the same manner as all emigrants; but that, on the other hand, the children of immigrants begotten after the naturalization of their parents are considered as Bavarian subjects.

I have, &c.,

The LORD STANLEY, M. P., &'c., Sc., &c.

HENRY F. HOWARD.

[Translation.]

The undersigned, in answer to the note of Sir H. F. Howard, &c., &c., &c., of the 14th instant, has the honor to reply that according to Bavarian law the children of aliens, being persons not belonging to the Bavarian state, even when begotten and born in Bavaria, do not acquire the Bavarian citizenship, but are considered and treated as aliens until they shall have been naturalized in the same manner as all immigrants. On the other hand, the children of immigrants begotten after the naturalization of their parents are considered as Bavarian subjects.

The undersigned, &c.,

Sir H. F. HOWARD, K. C. B., &c., &c., &c.

V. DAXENBERGER.

BELGIUM.

BRUSSELS, August 20, 1868.

MY LORD: In reply to your lordship's dispatch, marked circular of the 11th instant, in which I am instructed to report on the state of the Belgian law with regard to the nationality of children born of alien parents in the Belgian dominions, I have the honor to inclose herewith copies of the two articles of the civil code which afford the information desired.

I beg further to explain that, according to the doctrine and jurisprudence most generally received, the individual who complies with the conditions of article 9 of the civil code is considered a Belgian subject from the day of his birth, and not from the day on which he may make the declaration, the declaration having a retroactive effect; therefore the declaration once made the individual making it is considered as never having been a foreigner.

I have, &c.,

HOWARD DE WALDEN AND SEAFORD

The LORD STANLEY, M. P., &c., Sc., &c.

[Translation.]

Every individual born in Belgium of a foreigner may, during the year which follows the epoch of his majority, reclaim the quality of a Belgian, provided that, in case he shall reside in Belgium, he declare that it is his intention to fix his domicile there, and in case he shall reside in a foreign country he makes his submission to fix his dom cile in Belgium, and establish himself there within one year, from the date of the act of submission. (Article 9, civil code.)

The person born in Belgium of alien parents residing there, who shall have neglected to make the declaration prescribed by the ninth article of the civil code, may, if he is an inhabitant of the country, ask for full naturalization without being required to show that he has rendered eminent services to the state. (Law of September 27, 1835 article 2.)

MY LORD: As a supplement to my dispatch of the 27th ultimo, on the position of aliens in Denmark, I have the honor to inclose herewith, at the request of the naturalization commission, the written opinion of Mr. Brock, a distinguished Danish lawyer, with reference

1. To the oath required of aliens entering on certain professions.

2. Whether the birth in Denmark of the son of an alien constitutes a Danish subject.

Your lordship will see by the inclosed document that

1. The "Borgherskab" or Burgherbur oath was abrogated in 1858. The oath now taken by brokers, translators, &c., is non-political, and limited to the faithful performance of their office.

2. The son of an alien born in Denmark is considered a Dane, to all intents and purposes, so long as he remains in Denmark.

I have, &c.,

The Lord STANLEY, M. P., &c

CHARLES LENNOX WYKE.

COPENHAGEN, July 26, 1868.

SIR: Your excellency has asked my opinion on the following questions: 1. Is the "Borgerbur" oath still required for entering on certain professions; and, if so, what professions?

2. Does the fact of birth in Denmark constitute a son of an alien a Danish subject? Answer, 1. The "Borgerbur" oath required by the Danish law for entering on professions of different kinds has been abolished by the law of December 29, 1857. The oath still taken by brokers, translators, and such persons of public trust, that they will faithfully perform the duties imposing on their office, has no influence upon their situation as subjects of the Danish Crown, and is no oath of allegiance.

2. The son of an alien born in Denmark is regarded a Dane if he remains here. I have, &c.,

Sir CHARLES L. WYKE, K. C. B., &'c.

GUSTAV BROCK, Advocate of the Supreme Court.

MY LORD: In reply to your circular marked of the 11th instant, instructing me to furnish a report for the information of the naturalization commission on the state of the Danish law with regard to the nationality of children born of alien parents within the Danish dominions, I have the honor to refer your lordship to my dispatch marked of the 28th ultimo, which contains the information required by the commission with reference to this subject.

I have, &c.,

The Lord STANLEY, M. P., &c

CHARLES LENNOX WYKE.

FRANCE.

Code Napoleon, Civil Code, book I, ch. 1.

"9. Any person born in France, being the child of a foreigner, may, in the year following the time of his attaining his majority, claim French citizenship; provided that, in case of his residing in France, he declare that it is his intention to fix his domicile there, and that, in case of his residing in a foreign country, he promise to fix his domi cile in France, and that he establish it there within one year from the date of making such promise.

"10. Any child of a Frenchman born in a foreign country is French. Any child boru in a foreign country, whose father is a Frenchman who has lost his French citizenship, can always recover such citizenship by complying with the formalities prescribed in article 9.

"C, 11, section I.

"17. French citizenship shall be forfeited, first, by naturalization in a foreign country; second, by the acceptance, when not authorized by the King, of public functions

conferred by a foreign government; third, finally, by any settlement in a foreign country without intention to return. A settlement for commercial purposes shall not be considered as having been made without intention to return.

"18. A Frenchman who has lost his French citizenship can always recover it by returning to France with the authorization of the King, and by declaring that he desires to settle there, and that he renounces every distinction contrary to the French law." The ninth article of the Code Napoleon was modified by a law of 1851 : "29-29th of January and 7th February, 1851, (10th series, No. 2, 730; Article 9, C. N.,) law relating to persons born in France, and being the children of foreigners who were themselves born there, and the children of naturalized foreigners.

"ARTICLE 1. Any person is French who was born in France and is the child of a foreigner who was likewise born there, unless within the year following the time of his attaining his majority he claims foreign citizenship by a declaration made either be fore the municipal authorities of his place of residence or before the diplomatic or consular agents accredited in France by the foreign government.

"Article 9 of the civil code is applicable to the children of a naturalized foreigner, although they may have been born in a foreign country, if they were minors at the time of their father's naturalization. With regard to children born in France or abroad, who were of age at the same time, article 9 of the civil code is applicable to them in the year following the date of the aforesaid naturalization."

GREECE.

ATHENS, September 3, 1×68.

MY LORD: With reference to your lordship's circular dispatch of the 11th ultimo, I have the honor to inclose herewith a copy of a report, drawn up by the lawyer employed by this legation, on the state of the Greek law with regard to the nationality of children born of alien parents within the Greek dominions.

I have, &c.,

The Lord STANLEY, M. P., &c.

C. M. ERSKINE.

What is the condition of children born on Greek soil of foreign parents? As a general rule, the circumstance of a child's having been born on Greek soil does not cause him to be considered as a Greek; his origin alone does so. In order, therefore, to settle the question whether a child is a Greek or not, a single thing is to be considered-of whom was he born? If the child of a Greek, he is a Greek himself, in whatever country he was born. If his parents are foreigners he is a foreigner like them, even if he was born in Greece. (Article 14, No. 1, of the civil code.)

It must, however, be remarked that the circumstance of a child's having been born on Greek soil produces a double effect in his favor.

1. It enables him to acquire Greek citizenship more readily than an ordinary foreigner. He has, in fact, but to fulfill three conditions:

(a.) To declare, while residing in Greece, that it is his intention to fix his domicile there, and to so establish it within one year from the date of such declaration;

(b.) To make this declaration within one year from the date of his majority; and (c.) To take the oath of allegiance as a Greek subject before the competent monarch. (Articles 19 and 17 of the civil code.)

2. It causes it to be taken for granted, when his father and mother are unknown, that he is the child of Greek parents, and that he is consequently a Greek himself. (Article 114, No. 3 of the civil code.)

The principle that the origin of the child determines his nationality, independently of the place of his birth, presents no difficulty when his father and mother are both foreigners; the child is a Greek in the first case, a foreigner in the second. What, however, is to be decided upon if the one is a Greek and the other a foreigner? Shall the child follow the condition of his father or that of his mother?

If the child was born in lawful wedlock this question will rarely arise, for as the wife follows the conditions of her husband, (articles 21 and 25 of the civil code,) both husband and wife will, in most cases, be both Greeks or both foreigners. Still, as the principle enunciated by these articles must be understood in this restricted sense, that the woman acquires the condition which her husband has at the time of her marriage, the contrary hypothesis may arise. Then will the child's condition be that of his father or that of his mother, the father being the head of the family? Article 14, No. 1, decides that the nationality of the child will be that of the father.

As to a child born of a foreign mother and a native Greek father, if he is legally

recognized by his father alone, or by his father and his mother, his condition will be that of his father. (Article 14, No. 5, of the civil code.) On the other hand, it must be decided that if he has been recognized by his mother only, he is, like her, a foreigner.

He who is born of a Greek mother and a foreign father is considered a Greek subject if he has not been recognized by the latter. (Article 14, No. 2, of the civil code.) If he has been recognized by him, in order to obtain Greek nationality he must comply with the formalities already mentioned in article 17 of the civil code. (Article 19 of the same code.)

It remains to examine the question whether the child acquires the condition which his father or his mother had at the time of his conception or of his birth. The question is an interesting one, for the person whose condition the child is to follow may, in the interval between his conception and his birth, have ceased to be a Greek by naturalization abroad; or, having been a foreigner, she may have become a Greek by naturalization in Greece.

Article 11 of the civil code proclaims the Roman maxim, Infans conceptus pro nato habetur, quoties de ejus commodis agitur; and since, in the eyes of the Greek law, it is better for the child to be born a Greek than a foreigner, we will say that it is sufficient, in order that a child may be born a Greek, for the person whose condition he is to follow to have been a Greek, either at the moment of the conception or at the moment of his birth, or even in the interval between these two dates.

Children born between the two or three years required for the naturalization of a foreigner (according as he is or is not of Greek origin) become Greeks by the naturalization of their father. (Article 18 of the civil code.) As to children born to him before the declaration required for naturalization, they will remain foreigners, as will also his wife; but if at the time of his naturalization they were minors, they may acquire Greek nationality by manifesting their desire to do so, within the year following the date of their attaining their majority, before the communal magistrate of the place where they may desire to fix their domicile, by settling in Greece, and by taking the oath of allegiance as Greek subjects before the competent monarch. (Article 17 of the civil code.)

Article 20 of the same code decides that a child born of parents who had lost their Greek citizenship may always acquire such citizenship by complying with the formalities prescribed in article 17. As the civil code of Greece, in conferring citizenship, considers only the origin, there is no distinction to be made if the child of a former Greek was born abroad or in Greece; if those whose condition he follows are foreigners he is necessarily born a foreigner like them, whatever may be the place of his birth. It must be remarked, however, that the child born of an ex-Greek is treated more favorably than a child born in Greece of an ordinary foreigner; the one may always, that is to say, at any age, provided he be of age, claim Greek citizenship; he can do so, on the contrary, only within the year following the date of the attainment of his majority.

This difference is readily explained. The child born of an ex-Greek being a Greek by nature, the law does not doubt his attachment to Greece; at whatever time he may present himself it eagerly accepts him, convinced that the feeling which causes him to act can be but love for his natural country. The case is not the same with the child of a foreigner born in Greece; he is not at all a Greek. It may be that he feels a fondness for Greece since he was born there, but if he is too tardy in making known his desire to bear the title of a Greek, the law, being warned by his indifference, presumes, when he presents himself later, that he comes only for his own personal interest, and therefore treats him like an ordinary foreigner. ATHENS, August 1, 1868.

HANSE TOWNS.

D. G. RHALLY,

Advocate, Doctor of Laws.

HAMBURG, September 8, 1868.

MY LORD: I have the honor to acknowledge the receipt of your lordship's circular dispatch under date of the 11th of August, instructing me to report as to the law of the Hanse Towns with respect to the nationality of children born of alien parents within their respective territories, and beg leave to report as follows:

According to the law of Lubeck all legitimate children born of alien parents within its territory take the nationality of the father, while those which are illegitimate take that of the mother until another nationality is acquired for them.

The law in force in Bremen prescribes merely that children of alien parents who are not citizens of Bremen are not to be regarded as subjects of that state, and makes no conditions as to their being born in wedlock or not.