[Untitled]
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., &c., &c., &c.
[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.,
