[Untitled]
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 eifect; 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., &c., &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 ease he shall reside in a
foreign country he makes his submission to fix his domicile
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.)
