Extract from the Constitution of May 23, 1845.

Part I.—Article I.

“Spaniards are—

  • “1. All persons born within the dominions of Spain.
  • “2. The children of a Spanish father and mother, though born out of the dominions of Spain.
  • “3. Aliens who have obtained a certificate of naturalization.
  • “4. Those who, without having obtained such certificate, have acquired a domicile in any part of the mornarchy.

“The quality of a Spaniard is lost by naturalization in a foreign country or by admission to the employ of a foreign government without the royal license.

“The rights which aliens who may become naturalized or domiciled shall enjoy shall be determined by law.”

Extracts from the royal decree of the 17th of November, 1852, respecting aliens.1

Part I.—Cap. I.

“Aliens are—

  • “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 reclaim Spanish nationality.
  • “3. Children born within Spanish territory of alien fathers, or of an alien father and Spanish mother, unless they make such a reclamation as aforesaid.
  • “4. Children born without the Spanish dominions of fathers who have lost their Spanish nationality.
  • “5. A Spanish woman married to an alien.

“The national vessels are considered as part of the Spanish dominions without any distinction.

  • Article 2. Aliens who have obtained a certificate of naturalization, or become domiciled in accordance with the law, are considered Spaniards.
  • Article 3. All persons residing in Spain who have neither become naturalized nor settled therein are aliens domiciled or transitory.
  • Article 4. A legal domicile is acquired by those who have established themselves with a settled habitation or fixed residence for the space of three years, with the possession of real property, or the exercise of some trade or profession or known mode of livelihood, in the Spanish territory, with the permission of the superior civil authority of the province.
  • Article 5. Transitory aliens are those who have not acquired a fixed residence in the kingdom in the manner prescribed by the preceding article.”

Cap. II.

  • Article 8. A transitory alien whow desires to become domiciled must request the necessary license from the superior civil authority of the province, with proofs of his having fulfilled the conditions required by article 4.
  • Articles 9, 10. Registries of transitory and domiciled aliens to be kept by governors of provinces and foreign consuls.
  • Article 12. Those whose names are not inscribed in such registries are not legally entitled to the rights of aliens.”
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Cap. III.

  • Article 18. Aliens may possess real property, exercise trades and professions, and share in all undertakings not expressly reserved by law to Spanish subjects.
  • Article 21. Both transitory and domiciled aliens are subject to the payment of all imposts and taxes on the profits arising from their lands, commerce, or profession.
  • Article 24. Both domiciled and transitory aliens and their children, who have not elected Spanish nationality, are exempt from military service.

“But this exemption does not extend to sons whose fathers have been born within Spanish territory, even though they retain their alien nationality.”

  1. Collecion Legislativa de España, tomo lvii, p. 482.