merely personal, and does not affect children, whether of age or minors, previously born. Those born after the adoption of Russian nationality are acknowledged as Russians. "12. Children of foreigners not Russian subjects, born and educated in Russia, or if born abroad, yet who have completed their education in a Russian upper or middle school, will be admitted to Russian allegiance, should they desire to be so, a year after they shall have obtained their majority; and, lastly, "13. The children of foreigners wishing to become Russian subjects will be admitted to Russian allegiance on the same terms as their parents." I have, &c., The Lord STANLEY, M. P., &c., &c., &'c., ANDREW BUCHANAN. SAXONY. DRESDEN, November 27, 1868. MY LORD: With reference to your lordship's circular dispatch of the 11th August, directing me to report on the state of Saxon law with regard to nationality of children born of alien parents within the Saxon dominions, I have the honor to inclose in translation the information furnished me by the Saxon government on the subject. I have, &c., J. HUME BURNLEY. In reply to the note of Her Britannic Majesty's chargé d'affaires of the 19th instant the undersigned has the honor to state, with reference to paragragh 2 of the law of the kingdom of Saxony of the 2d of July, 1852, relative to acquisition and loss of citizenship, copy of which is herewith annexed, that children of aliens born in Saxony do not by the mere accident of birth acquire Saxon nationality, inasmuch as the right of Saxon citizenship by birth is obtained only on the supposition that either the father or the mother (whether lawfully married or not) were at the time of such birth, either here or abroad, Saxon subjects. The undersigned, &c., DRESDEN, November 21, 1868. FRIESEN. Paragraph 2 of the law relative to acquisition and loss of Saxon citizenship of July 2,1852: By birth all those are entitled to Saxon citizenship whose father, or, if illegitimate, whose mother, at the time of their birth, whether at home or abroad, were Saxon subjects. SPAIN. MADRID, October 8, 1868. MY LORD: With reference to my dispatch of the 18th of August last, inclosing copy of a note which I addressed to the Spanish minister for foreign affairs, requesting his excellency to furnish me with information respecting the nationality of children born of alien parents in Spanish dominions, I have now the honor to forward to your lordship a translation of the Marquis Roneali's reply to my communication. I further beg to inclose copies of the Spanish constitution, and of the royal decree of November 17, 1852, in which the passages having particular reference to the subject in question will be found marked. I have, &c., The Lord STANLEY, M. P., Sc. JOHN F. CRAMPTON. LEQUEITIO, September 15, 1868. SIR: The minister of the interior informs me, under date of 4th inst., that the constitution at present in force in the Spanish monarchy and the royal decree of November 17, 1852, form the legislation which actually governs the nationality of children born of foreign parents in Spanish dominions. I have the honor to inform you of this in reply to the note from your legation dated the 17th August last, and avail, &c., MARCUS RONCALI. Her Britannic Majesty's MINISTER PLENIPOTENTIARY. Extract from the constitution of the Spanish monarchy, May 23, 1845 : "Titulo 1.-De los Españoles.-Articulo, 1o. "The following are Spanish subjects: "1. All persons born within the dominions of Spain. "The children of a Spanish father or mother, even though born without the Spanish dominions." Extracts from the royal decree of the 17th of November, 1852: "Capitulo 1.-De los estranjeros y su clasificacion en España. "ARTICLE 1. The following are to be deemed aliens : "1. All persons born of alien fathers without the Spanish dominions. "2. The children of an alien father and Spanish mother, born without the said dominions, unless they have reclaimed Spanish nationality. "3. Those born within Spanish territory of alien fathers or of an alien father and Spanish mother, unless they have made a similar reclamation. 4. Those born without the Spanish dominions of fathers who have lost their Spanish nationality. "5. Spanish women married to alien husbands. * "Capitulo 3, art. 24. Aliens domiciled or temporarily resident within the Spanish dominions, and their children, are exempt from military service unless they have reclaimed Spanish nationality. "But this does not apply to the sons whose parents have been born within Spanish territory, even though they may have preserved their alien nationality." SWEDEN. No. 9.] STOCKHOLM, September 17, 1868. MY LORD: With reference to your lordship's dispatch, marked circular, of the 11th of August, as to the Swedish law on the subject of the children of alien parents born in Swedish dominions, I have the honor to inclose herewith copy of a note which I have received from the Spanish minister for foreign affairs, wherein he informs me that there is no provision in the Swedish fundamental law or in the civil code on this subject, neither does there exist any special stipulation as to the nationality of children born in Swedish dominions of alien parents. It is generally received, however, as expressed in Count Wachtmeister's note inclosed, that the nationality of the children is noways affected by the place of their birth, but by the nationality of their parents, and notably of their father. I have, &c., The Lord STANLEY, M. P., &c. J. PAKENHAM. STOCKHOLM, September 12, 1868. SIR: In reply to your note of the 18th ultimo, I have the honor to inform you that there is not in the fundamental laws, nor in the civil code, nor even in a special ordinance, a stipulation respecting the nationality of a child born in Sweden of foreign parents. Nevertheless, the opinion has always been held that nationality does not at all depend on the place of birth, but on the nationality of the parents. Consequently the children of foreign subjects do not, from the fact of being born in Sweden, enjoy fuller or other rights than those accorded to every foreigner. Accept, sir, &c., Mr. PAKENHAM, &c. WACHTMEISTER. SWITZERLAND. No. 98.] BERNE, September 6, 1768. MY LORD: In your dispatch, marked circular, of the 11th ultimo, I am instructed to furnish your lordship with a report, for the information of the naturalization commission, on the state of the Swiss law with regard to the nationality of children born of alien parents in Switzerland. Finding it difficult, without the assistance of the federal government, to draw up a report on this subject, the laws concerning which appear to vary in different cantous, I addressed a note to the president requesting him to obtain for me, from the various cantonal governments, replies to the following questions, which I thought calculated to procure the information required by the naturalization commission: 1. What is considered to constitute a Swiss citizen according to the laws of the various cantons? 2. In what manner, if in any, can such citizenship be forfeited? 3. Are the children of alien parents born in the canton regarded by the law as Swiss citizens? a. De facto by the mere incident of their birth on Swiss territory? b. If not, how long must the parents have resided in Switzerland previous to the birth of the children, or what additional circumstance, beyond the fact of their birth on Swiss territory, are required to constitute the children of Swiss citizens? c. Are the children expected to elect Swiss citizenship by some formal act on their coming of age? and what is held to constitute a presumptive election of Swiss citizenship on their part? In reply I have received a communication from the president, copy of which I have the honor herewith to inclose, together with the printed work therein referred to, drawn up by the federal chancery on the cantonal regulations for acquiring the right of citizenship. I have, &c., The Lord STANLEY, M. P., &c. J. SAVILLE LUMLEY. BERNE, August 31, 1868. In the note which the minister of Her Britannic Majesty addressed to the federal council on the 19th instant, his excellency expressed the desire to obtain various information upon the condition of Swiss legislation respecting the nationality of children born of foreign parents upon Swiss territory, which information was divided under the following heads: 1st. What is necessary that a person may be considered as a Swiss citizen according to the laws of the different Swiss cantons? In order to become a Swiss citizen it is necessary that a person shall acquire the right of citizenship in a canton or a commune. No special right of Swiss citizenship exists. The right of communal citizenship takes the precedence and is acquired by descent, gift, or the payment of purchase-money, the amount of which varies according to the state of the commune's resources, and is always subject to the legislation of the canton. After the acquisition of the citizenship of the commune, naturalization is conferred in the respective canton either by the government or legislative authority, for which naturalization the payment of a further sum as special purchase-money is required. Without naturalization the incorporation into a commune has no effect. So far as concerns naturalization of foreigners, the federal law only contains the provision of article 43 of the federal constitution, by virtue of which foreigners cannot be naturalized in a canton until they are freed from every tie toward the state to which they belong. The particulars of the legislation of the cantons are to be found in a collection of provisions relative to the subject, enacted by each canton, published in 1862 by the federal chancery, of which a copy is inclosed. If any changes have been made in those provisions, they relate, in each instance, to the form rather than the sub stance. 2. If citizenship can be lost, in what manner is it lost? The right of Swiss citizenship ceases only with death, or by the voluntary renunciation, by the person who possesses it, of his cantonal and communal right of citizenship and by the release which the competent authority of the canton gives him. But this emancipation from the ties which bind him to the state is not granted until the proof exists in due form of the acquisition of citizenship in a foreign country. The legitimate children of an absent Swiss always acquire their right of citizenship from their father, and illegitimate children from their mother, provided that no other formality is necessary than the proof of descent. Swiss nationality is not lost by long absence, &c., as, in accordance with the provision of the same article 43 of the federal constitution, no canton can deprive any person leaving it from his right of origin or citizenship. 3. Are the children born in a canton of foreign parents considered in accordance with the laws as Swiss citizens? a. De facto, by the mere fact of the birth of these children on Swiss soil. In the contrary case: b. How long must the parents have resided in Switzerland before the birth of the child, or what other circumstances, independently of the birth of the child on Swiss soil, are necessary in order that the children should be considered as Swiss citizens? c. Must the children be expected to declare their choice of Swiss citizenship by a formal act on reaching their majority? What gives ground for the supposition of a presumptive choice on their part of the right of citizenship? In replying to this question and its three subdivisions, the federal council has the honor to observe that the principles just stated suffer no kind of exception; especially not in favor of foreigners born in Switzerland, even if they and their parents have been domiciled in Switzerland for a very long time. In this respect Switzerland maintains purely and simply the same principle that she recognizes for the children of her own citizens, viz, legitimate children follow the condition of their father, and illegiti mate the condition of their mother. Hoping that this information may be of some use to the naturalization commission, for which it has been requested, the federal council avails itself of this fresh occasion to renew to his excellency Mr. Saville Lumley the assurances of its high consideration. On behalf of the federal council the president of the confederation, The chancellor of the confederation, DUBS. |