Marcus Roncali to Her Britannic Majesty’s, 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.,
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.”