Office of the Historian
[Untitled]
Vienna, June 23, 1868.

My Lord: In compliance with the instructions contained in your lordship’s dispatch of the 16th instant, I addressed a note to Baron Beust, copy of which I have the honor to inclose, requesting the information desired by Her Majesty’s government as to the disabilities of aliens, at the earliest convenience of the Austrian government, but as [Page 1379] some time will probably elapse before I shall receive an official reply, I instructed Monsieur Winiwarter, the legal adviser to Her Majesty’s embassy, to furnish, me with the Austrian law on the subject.

I inclose a copy of Monsieur Winiwarter’s reply.

I have, &c.,

BLOOMFIELD.

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

Vienna, June 22, 1868.

M. Le Baron: Her Majesty’s government being desirous to obtain information for the use of the naturalization commission, now sitting in London, respecting the disabilities, if any, to which aliens residing in Austria are subjected by Austrian law, I have the honor to request your excellency’s good offices in procuring the information required as soon as it can be conveniently furnished by the imperial government.

I avail, &c.,

BLOOMFIELD.

His Excellency the Baron be Beust,
&c., &c., &c.

Vienna, June 22, 1868.

Your Excellency: In answer to the letter 21st instant your excellency addressed me, I have the honor of submitting to your excellency a memorandum containing the most important disabilities to which aliens residing in Austria are subject by Austrian law. I must state at the same time that no particular law exists by which all these disabilities could be ascertained.

There exist on the contrary many laws which prescribe that for certain professions, positions in life, and occupations, the Austrian citizenship is required. From these laws, which have been issued at very different periods, I have extracted the enumeration of cases in which aliens do not enjoy the same rights as the Austrian subjects themselves.

I might further state that my information holds only good for the so-called German provinces, that is to say, for the kingdoms and countries represented by the Reichsrath. With regard to Hungary I can only say that a new law regulating the position of the Hungarian citizen and of foreigners is to be discussed in the two houses, but has not yet passed.

I have, &c.,

D. WINIWARTER.

The Lord Bloomfield,
&c., &c., &c.

legal advice.

The rights and the legal position of aliens residing in Austria are essentially regulated by § 33 of the Austrian civil code, which runs as follows:

“Foreigners have in general equal civil rights and obligations with the natives if the quality of a citizen is not expressly required for the enjoyment of these rights. Foreigners must also, in order to enjoy the same rights as natives, prove in cases of doubt that the state to which they belong will likewise treat the citizens of this country in regard to the rights in question like its own.”

According to this law foreigners enjoy the same civil rights with the Austrian citizens, if for the enjoyment of a certain right the qualifications of an Austrian citizen are not expressly required. On the other hand they are subject to the same obligations as the Austrians. There is a fundamental exception from this general rule respecting the citizens of states which do not confer on Austrians the same rights which their own subjects legally enjoy.

A total enumeration of cases in which the Austrian citizenship is expressly required is hardly possible, and therefore I cannot guarantee that the following list of cases in which foreigners are not in possession of the same rights as Austrian subjects will be complete. I can only say that no case of any importance has been overlooked. Foreigners cannot—

1.
Receive the appointment of public functionaries, (official.)
2.
Nor those of advocates, notaries, or public agents.
3.
Foreigners cannot be superiors of religious orders.
4.
If a foreigner wishes to commence a public trade or business, it is not sufficient to give notice to the board of trade of his intended project, but a special concession of the home department is besides required.
5.
Foreigners cannot be admitted to the military service.
6.
They cannot be appointed guardians or committees for Austrian minors or Austrian subjects under committee.
7.
They have not the right of constituency for the diets and the Reichsrath.
8.
Nor have they the right of being elected as such deputies.
9.
They cannot be admitted to the membership of political associations.
10.
They are not authorized to act as undertakers, directors, or managers of public meetings, the object of which is the discussion of political affairs.
11.
They have not the right of election for the common council and cannot be elected as such members.
12.
They cannot obtain the position of a sworn broker, (agent of exchange.)
13.
They cannot exercise the profession of hawker.
14.
Physicians, surgeons, and midwives, as well as apothecaries, if foreigners, are not admitted to the practice of their respective professions till they have passed the legal examinations of the country.
15.
Foreigners cannot be directors of public schools or educational establishments; as little can they become professors of a university or of any public institute.
16.
The personal capacity of foreigners is in regard of their transactions to be judged of according to the laws of their own country, viz: Although an Austrian has become of age by completion of his 24th year, a foreigner, however, of 24 years cannot be regarded as of age if the laws of his country requires a greater number of years. In this regard the foreigners may not be able to enjoy the same rights as the Austrians.
Vienna, 22d June, 1868.

D. WINIWARTER.