Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 1, 1873

[Untitled]

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 bom 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.,

JOHN F. CRAMPTON.

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

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 EspaSoles.—Articulo, 1°.

“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.”