HO 45 870 159961
6th Dec 1907
Foreign Office
Naturalization of Prince Louis and the late
Prince Henry of
Battenberg
Fd. copy despatch from HM Chargé d’affaires at
Darmstadt
with respect to a declaration required that the children of the above
are British
subjects. Ask for full particulars of the naturalization and also for
any
observations.
Minutes
The two cases are on a different footing.
Prince Henry was nat.d by special act of Parlt. copy within.
in wh no provision was made as to the national status of any children
that
might be born to the Prince. The question of the status of any
children born
abroad to a person nat.d by a special act in wh no provision was made
as to
children was discussed fully in the case of Abensur (B 18265 and F.O.
print placed
therewith /19). In that case the H.O. and the legal adviser of
the F.O. held
that the children _ none of whom was born in British Dominion _ became
naturalized with their father but Lord Halsbury who was consulted by
Lord
Salisbury in the matter, took the contrary view and the children were
accordingly
registered as British subjects. Sir W. Davidson, wd I believe, be glad
to have
the question re-opened. Certainly it is strange that it shd be held
that
Abensur’s children are British subjects while the children born abroad
of
persons who are ”naturalized” by the general statute 13 Geo III c. 21
are
undoubtedly aliens. However, Lord Halsbury’s opinion is very useful in
this
case. This is not an occasion for bringing it up for review.
As to Prince Louis his own national status is of a very
limited character. See copy of his cert. in B16148/2 and any children
of his
who were born abroad are aliens. See pp. 57-59 of the case prepared for
the
Natn. Cttee (159.961/1).
? Say that having regard to the case of Abensur S of S is of
opinion that the sons of the late Prince Henry must whether born in the
British
Dominion or not be deemed to be British subjects. with regard to Prince
Louis
children refer to the L.O.O. and say that only such of the children as
were born
in British Dominions have any claim to British nationality.
Scarcely necessary to add that of course the Queen
of Spain
and Princess Andrew of Greece are no longer British ssubjects.
11.12.7.
The question is settled to all intents and
purposes by birthplace
as regard Prince Henry’s children. They were all born in U.K. and
are British
subjects with the exception of Princess Victoria Eugenia now Queen of
Spain.
Similarly as regards Prince Louis’ children two of
them
Princess Victoria and Alice (married to Prince Andrew of Greece) and
Prince
Louis François were born in U.K. The remaining two, Princess
Louise (1889) and
prince Georgeg (1892) were born in Germany.
As regards the two latter owing to the limited
character of
their father’s cert. of Nat.on they do not share his nationality
according to
the majority and the latest of L.O.O. on similar cases. Prince Louis
has had
full notion of the limited character of his naturalization see B16148
and might
have remedied it on this point by taking out a cert. under the Act of
1870.
? Write in the sense of the foregoing to F.O.
sending copy
of Prince Louis’ cert. Add that S of S will be glad to hear of
the answer
which it may be proposed to send to Darmstadt.
J.P. 12/12/07
Dec 11. 07
Sir M Chalmers handed the papers back to me with M
Blackwill’s Mem and requested a draft letter to F.O. raising the points
indicated therein.
Draft letter herewith accordingly.
I have ventured to put with the papers a further
note on the
matter with the object not of continuing the argument but of setting
out some
of the considerations underlying the conclusion very barely stated in
my
previous minute.
J.P. 23/12/07
24/12/07
159961
Treaty.
No. 5.
(39560).
DARMSTADT
November 30th 1907.
Sir:-
I had a visit yesterday from Herr Kabinettsrat
Menges who
manages the affairs of His Serene Highness Prince Louis of Battenberg,
Vice-Admiral in His Majesty's Navy.
Herr Menges informed me that Prince Louis of
Battenberg
owned real estate in the Grand Duchy of Hesse which was at present a
fidei-commiss., and that he desired to break the entail in order that
he could
divide the property among his children as he wished. There was no
difficulty
about the matter only that the German Courts asked for a declaration
from a
British authority that the children of Their Serene Highnesses Prince
Louis,
and of the late Prince Henry of Battenberg, were British subjects.
He showed me the Letters of Naturalization granted
to Prince
Louis in 1868, and added that he had also formally renounced German
nationality.
It was also notorious that the late Prince Henry
of
Battenberg had been also naturalized in England.
I shall he much obliged if you will inform me
whether I am
authorized to give the desired declaration, and if so, in what form.
I may mention that when Her Serene Highness
Princess Alice
of Battenberg, daughter of Prince Louis of Battenberg, married His
Royal
Highness Prince Andrew of Greece at Darmstadt in October 1903, Sir A.
Herbert
was authorized by Lord Lansdowne, and by His Majesty the King, to
register the marriage
in the form of a Protocol deposited at this Legation.
I have &c.,
(Signed) Frederic D. Harford.
Sir E. Grey, Bart.,
&c., &c., &c.
December 6th, 1907.
Sir:-
I am directed by Secretary Sir E. Grey to transmit
to you,
to be laid before Mr. Secretary Gladstone, a copy of a despatch from
His
Majesty's Charge d'Affaires at Darmstadt with respect to a declaration
required
by the German Courts, in the circumstances stated, to the effect that
the
children of His Serene Highness Prince Louis of Battenberg and of His
Royal
Highness the late Prince Henry of Battenberg are British subjects.
Before replying to Mr. Harford's despatch, Sir E.
Grey would
be glad, in the first instance, to be favoured with full particulars as
to the
naturalization in this country of Prince Louis of Battenberg and the
late
Prince Henry of Battenberg; and also with any observations in the
matter which
Mr. Gladstone may wish to make.
I am. Sir,
Your most obedient,
humble Servant,
Th. Campbell
The Under Secretary of State,
Home Office.
Secretary of State
Home Department
Mr Pedder
I venture to submit unofficially a point which has occurred
to me more than once while examining, for noting purposes, the pp as to
the
status of children born abroad of persons naturalized under the act of
1844.
It is that the statutes proceed on the assumption that a man
cannot transmit nationality. Thus naturalborn British subjects could
not
transmit it: consequently a special act was necessary to confer it on
their children,
and, although thse children were to be deemed to be natural born to all
intents
and purposes whatsoever (which, if there were any capacity in a nat.l
born B.S.
to transmit nationality, would give it to them) yet another statute was
necessary later on to confer B.N. on their children.
So that, however full British Nationality may be,
it does
not carry with it a power of transmission of nationality?
30/1/08
note pinned to next document:
Sir M Chalmers.
Please see memo within.
JB 18.12.07
I agree with Mr Pedder’s arguments as showing that
an Act
,bearing the construction which the L.O.O. seem to have placed upon the
Act of
1844, shd not have been passed. but the true construction of that act
is
another matter. That is the point raised by the L.O.O. of 1860.
JB 11.2.08
Sir M. Chalmers.
The status of Princess Louise (1889) and Prince
George
(1892), the two children of Prince Louis of Battenberg, who were "born
in
Germany must depend upon the true construction of S.6 of the Act of
1844 and
the certificate issued to Prince Louis under that Act in 1868.
Under that Section Prince Louis upon obtaining a certificate
&c "shall enjoy all the rights and capacities which a natural born
subject of the United Kingdom can enjoy or transmit except the capacity
of being
Privy Councillor or Member of Parliament and except any rights or
capacities of
a natural born British subject out of and beyond the Dominions of the
British
Crown and the limits thereof other than such as may be conferred upon
him by
the grant of a passport from the Secretary of State to enable.him to
travel in
foreign parts."
Under the Statutes of Ed. III 7 Anne 5 4
Geo.II c.21 and 13
Geo.III c.20, at the date of that Act of 1844 one of the rights
and capacities
which a natural born subject of the United Kingdom could transmit
was the
right to be deemed a natural born British subject which accrued to his
child
although born abroad by virtue of his parents status i.e. it was
a right
transmitted by the parent.
I do not see to what rights and capacities
the word
"transmit" in Section 6 of the Act of 1844 can apply if it does
not
apply to rights and capacities transmitted to a wife by marriage or to
children
at birth.
In my opinion therefore but for the second
exception
contained in the certificate Prince Louis' two children are
entitled to be
deemed British subjects under the statutes of Ed. III Anne Geo II and
Geo III
above referred to. The repeal of the Act of 1844 by the Act of 1870
does not
affect them having regard to the saving proviso of Section 18 (1) of
the
repealing Act.
But Prince Louis under the certificate granted to
him, has
not any rights or capacities of a natural born British subject out of
British
Dominions other than passport rights.
I think therefore that this right of his two
foreign born
Children to be deemed natural born British subjects must depend on
whether or
not at the times of their births Prince Louis was actually in a
Dominion of the
British Crown. . See as to this L.O. of 1860 where in a
similar case to the
present Sir R. Bethell and Sir W. Atherton said "the child of such
naturalised
alien born in a foreign country the parent being abroad, would not
answer the description
of the child of a natural born British subject".
The opinion of Baggallay Holker and Deane on page 58 of the
F.O. Print is however against this view.
The other Law Officers' Opinions of 1874 and 1884 quoted in
the print for Nat. Acts Ct. do not seem to me to cover this point.
If Prince Louis was in fact in a British Dominion
at the
date of the birth of a child born abroad I do not think it would be
safe to say
that that child has not the status of a natural born British subject
without a
Law Officers' Opinion on that point.
The limited area in which Prince Louis could
himself enjoy
and transmit rights and capacities does not seem to me to affect the
question.
Provided he was in a position to enjoy and transmit them at all i.e. in
a
British dominion, the rights and capacities transmitted are by
Section 6 of the Act of 1844 the full
rights and capacities of a natural born British subject.
The child in the words of the L.O.O. of 1860
would answer
the description of the child of a natural-born British subject.
JB 18.12.07
In order to argue that the children born abroad of a father
naturalised under the Act of 1844 is a British subject it is
necessary to
maintain the doctrine that it is a capacity of a natural-horn British
subject
to transmit nationality.
This is a hard doctrine. It depends on the
proposition that
the Georgian Acts confer upon a natural-born British subject the right
and
capacity to transmit British nationality.
As to this, if it had been intended to make
this very novel
change in the law it might have been expected that the Acts would have
contained a clear provision to that effect. The
contrary is the case. The
Acts simply state that children born abroad of certain parentage shall
be
natural-born British subjects. The simpler interpretation
of the Acts is that
they deal direct with the child and do not confer any new capacity on
the
father. The point has never been decided, but this interpretation
was
indicated by Cotton L. J. who expressed in 1889 in Re Bourgeoise,
L.R. 41, Ch. Divn. 310 the opinion that the nationality conferred by
the Statutes was
"the privilege of the children and not of the father".
On the assumption that the Georgian Acts do confer on a
natural-born British subject power to transmit nationality, the
application of
the result to a person naturalised under the Act of 1844 depends on the
further
proposition that such person is a natural born subject within the
meaning of
those Acts. Now, the meaning of natural-born subject under those
Acts is a
natural-born subject in the full sense of the word, that is to say, a
man who
is a British subject wherever he may he; whether within or without the
United
Kingdom. There the man is naturalised under the Act of 1844 and
his
Certificate states in the first place that he is to
enjoy all the rights and capacities of a natural-born British
subject, but in the second place that he is not to enjoy them when out
of the Dominions,
he is clearly something less than a natural-born British subject in
the full
sense of the term.
The difficulties and dangers of accepting the two
foregoing
propositions and deducing from them the British nationality of the son
born
abroad of a person naturalised under the Act of 1844 are emphasised by
consideration of the consequences of this deduction, e.g. the
naturalised
person is clothed with powers in regard to nationality which are not
possessed
by any natural-born British subject, thus (a) the
naturalised person can
determine at will the nationality to be borne by his son.
If he desires him
to be an alien he can arrange that he should be born out of the
Dominions,
and that he himself the father shall be out of the Dominions
at the time;
for it is not arguable that when himself out of the Dominions and
therefore no
longer enjoying the rights and capacities of a British subject, he can
confer British
nationality upon his son. If on the other hand, he desires
the son to be a British subject in spite of the fact that he and his
wife may have been
living abroad, he can arrange that he himself shall be in
the United Kingdom
or in the Dominions at the time of the birth of the son. A jus
sanguinis
which is subject to such vagaries is hard to believe. The
natural-born
British subject in the full sense of the term has no such
power. Any son
of his born abroad either is, or is not, a British subject
according to
the Statutes. The father can do nothing in the matter.
(b) The British nationality,
if any, transmitted under the Georgian Acts appears to be complete and
absolute nationality not subject to geographical limitations.
The
naturalised British subject who is so limited will then be transmitting
a
capacity and a quality of greater extent than he himself posseses.
If the word “transmit” in the Act and certificates
of 1844
is not merely a rounding off phrase and a meaning has to be sought for
it, it
would seem to be satisfied by applying it to the capacity to hold real
property. If anything more “transmitted” under the Georgian Acts, it
might well
be this. It was the incapacity of an alien son to inherit property from
his
British father which formed the essential motion of the legislation
culminating
in the Georgian Acts.
J.P.
20/12/07
I agree. It wd be anomalous that the
nationality of a
child should depend on the temporary localisation of the father. But
statutes
must be construed according to their wording and not their presumed
intention
and it has often been said that the argument “ab inconveniente” is of
very
little weight in construing a statute. Here then is a possibility of ?
and we
ought to call attention to it.
MJ 24/12
Wrote F.O. 24.12.7
WHITEHALL.
23 December, 1907.
Draft for approval.
JP
MJ
Sir,
I have laid before Mr. Secretary Gladstone your
letter of
the 6th instant (39560) with reference to the nationality of the
children of
His Serene Highness Prince Louis of Battenberg and of His Royal
Highness the
late Prince Henry of Battenberg, and I am directed to reply as follows
for the information of
Secretary Sir Edward Grey. As regards the children of the late
Prince Henry of
Battenberg there is no difficulty. It appears that all four
children
(including Princess Victoria Eugenie who is now Queen of Spain) were
born in
the United Kingdom and their nationality is determined thereby.
As regards the children of Prince Louis of
Battenberg, the same
considerations apply to two of the children, namely, Princess Victoria
Alice
now married to Prince Andrew of Greece, and Prince Louis Francois who
were both
born in the United Kingdom.
The two other children of Prince
Louis, namely Princess
Louise and Prince George, were born in Germany, in
1889 and 1892
respectively, and the question of their nationality
is not without
difficulty. Prince Louis of Battenberg obtained in 1868 a Certificate
of
Naturalization (of which a copy is enclosed) under the Act of 1844.
By
virtue of that Certificate the Prince has the rights and capacities of
a British
subject when in His Majesty's Dominions, but not when beyond them.
His
advisers have been aware of the limited character of the Prince's
British
Nationality. The nationality of a child born abroad of a father
naturalised
under the Act of 1844 has never, so far as Mr. Gladstone is aware, been
authoritatively decided, out according to the opinions given
to the Home Office
by Law Officers Sir R. Bethell and Sir W. Atherton on the 13th
August, 1860, and
to the opinion given to the Foreign Office by Sir Richard
Baggallay, Sir John
Holker, and Dr. J. Parker Deane on July 14th, 1875,
it would appear that the
grant of a Certificate under the Act of 1844 is personal and does
not confer
British nationality by descent on the children born abroad.
Having regard however
to the fact that the opinion of 1860 is limited by the
expression "the
parent being abroad" it may be of importance to inquire whether
at the
time of the birth of the children in question Prince Louis of
Battenberg was
or was not in British Dominions. As to this Mr. Gladstone
has no information.
If it is essential for the purpose of the
proceedings in
Germany that the British Government should express a definite view as
to the
nationality of Princess Louise and Prince George of Battenberg - as to
which
Mr. Gladstone on present information is unable to express an opinion -
I am to
suggest in view of the importance of the case as effecting persons of
Royal
Blood and the children of a British Admiral that it would he desirable
to
obtain the Law Officers' Opinion after ascertaining, if it be possible,
the
facts as to the whereabouts of Prince Louis at the time of the birth of
the
children in question. Mr. Gladstone will be happy to take part in
stating the
case to the Law Officers if Sir Edward Grey decides to adopt that
course; and
in any event he would be interested to see a draft of the answer which
Sir
Edward Grey may propose to send in the matter.
I am, &c.
The Under Secretary of State,
Foreign Office.
[48 & 49 Vict.] Prince Henry of Battenberg's
Naturalisation [Ch. 1.]
Act, 1885.
CHAPTER 1.
An Act to naturalise His Royal Highness Prince
Henry
Maurice of Battenberg and to grant and confer on him all the Rights
Privileges
and Capacities of a natural born Subject of Her Majesty the
Queen. [6th August 1885.]
HUMBLY beseeching showeth unto Your most Excellent
Majesty
and to the Lords Spiritual and Temporal and Commons in this present
Parliament
assembled His Royal Highness Prince Henry Maurice of Battenberg:
That your suppliant was born at Milan on the 5th
day of
October 1858 out of Your Majesty's allegiance:
That your suppliant proposes and desires to make
his
permanent residence within the United Kingdom and desires to become a
naturalised subject of Your Majesty and your suppliant having given
testimony
of his loyalty and fidelity to Your Majesty and the good of the United
Kingdom
of Great Britain and Ireland humbly prays:—
That it may be enacted and be it enacted by the
Queen's most
Excellent Majesty by and with the advice and consent of the Lords
Spiritual and
Temporal and Commons in this present Parliament assembled and by the
authority
of the same as follows:—
His Royal Highness Prince Henry Maurice of
Battenberg shall
be naturalised and shall have hold and enjoy all the rights privileges
and
capacities whatsoever which he would could or might have had held or
enjoyed if
he had been born within the United Kingdom and a natural born subject
of Her
Majesty the Queen.
159961/2
10 Jan 1908
Nationality
Foreign Office
children of Prince Louis of Battenberg
Forward copy letter sent to Prince Louis asking
him for
information as to whether he was in H.M. Dominions or territories at
the time
of the birth of his two children who were born abroad.
Minutes
lay by
J.P. 14/1/08
Foreign Office
January 10, 1908
I have the honour to state that His Majesty's
Charge
d'Affaires at Darmstadt reports that he has been informed by Herr
Kabinettsrat
Menges that, in connexion with certain legal formalities initiated by
Your
Serene Highness, relative to estates held by you in the Grand Duchy of
Hesse,
the German Courts request to be furnished with a declaration from a
British
Authority that Your Serene Highness's children are British subjects.
His Majesty's Secretary of State for the Home
Department to
whom I referred the matter, informs me that it would be desirable, in
the first
instance, in view of the terms of the Certificate of Naturalization
issued to
you in 1868 under the provisions of the Naturalization Act 1844, that
enquiry
should be made of Your Serene Highness whether at the time of the birth
of your
two children Princess Louise ana Prince George, born in Germany
in 1889 and
1892, respectively, you were yourself within His Majesty's Dominions.
I am advised that it is important in this
connexion to know
where precisely Your Serene Highness was on these occasions - i.e.
whether in
Germany or some other foreign country; whether on board one of
Her late
Majesty's ships on the high seas or elsewhere, or whether in some part
of the
British Dominions, Home, Colonial or Indian.
I should be obliged if Your Serene Highness would
favour me
with the information desired by His Majesty's Secretary of State.
Vice-Admiral
His Serene Highness
prince Louis of Battenberg, G.C.B. &c.,
&c.,
&c.
159961/3
28 Jan 1908
Foreign Office
children of Prince Louis of Battenberg and Prince
Henry of
Battenberg
Forward copy letter from Prince Louis stating that
he was
abroad at the time of the births of his children, who therefore
are not
British subjects.
Think any case for L.O.O. should be submitted by
H.O.
Minutes
the main danger point in ./1 wiz whether Prince
Louis was
in H.M. dominions or not at the time of the birth of his two
German-born
children, is removed. He was out of H.M. Dominions. Therefore he had
not then
the rights and capacities of a British subject, including the right or
capacity
(if any) to transmit British Nationality. Therefore the two children in
question are not British subjects.
F.O. appeard to have no doubt on the point. It would
seem therefore unnecessary to take a new L.O.O. on the matter which is
covered
by earlier L.O.O.
? Say to F.O. that on the new facts and as S of S gathers
that F.O. has no doubt on the point, S of S does not think it necessary
to put
it anew to L.O. He suggests that F.O. should inform German govt as in
letter in
/1 with regard to Prince Henry’s children and as to those two of Prince
Louis’
children who were born in U.K.: and as regards Princess Louise and
Prince
George that they are not in English law British subjects, but that it
is
understood that Prince Louis has renounced German nationality on their
as well
as his own behalf. Suggest also that Prince Louis should be
informed of the
answer.
J.P.
6/2/08
S of S
The point raised in W Blackwell's opinion does
not arise
otherwise, I should not have felt quite ? in it. though the point is
one of
difficult. There certainly seems no need of an L.O.O.
HC Feb 7/08
MJG 9/2/08
Wrote F.O.
13.2.08
In any further communication on this subject,
please quote
no. 2325.
and address —
The Under-Secretary of State,
Foreign Office,
London.
Foreign Office
January 28 1908
Sir:-
With reference to your letter of the 24th. ultimo
respecting
the national status of the children of His Royal Highness the late
Prince Henry
of Battenberg and of Vice-Admiral His Serene Highness Prince Louis of
Battenberg, I am directed by Secretary Sir Edward Grey to transmit to
you, to be
laid before Mr. Secretary Gladstone, a copy of a letter from Prince
Louis of
Battenberg, from which it will be seen that, at the time of the births
in
Germany of his two children, Princess Louise and Prince George, in 1889
and
1892 respectively, His Serene Highness was on half-pay and was present
with his
wife on the occasion of her confinement and was, consequently, abroad,
(i.e.
not within the King's Dominions). Strictly speaking, therefore,
neither of
these two children is, in contemplation of English law, a British
subject.
As, however, His Serene Highness soon after the
birth of his
eldest son, formally renounced Hessian and German Imperial nationality
on
behalf of himself and his descendants, there seems to Sir Edward to be
little
or no reason to apprehend that the latter will be claimed as either
Hessian
subjects or as subjects of the German Empire.
I am to state that any "case for opinion" which it
may be thought desirable to lay before the Law Officers of the Crown
should, in
the opinion of the Secretary of State, preferably be submitted to them
by your
Department through the Treasury Solicitor, but that Sir Edward would be
glad to
be afforded an opportunity of perusing the case before it is actually
laid
before the Law Officers.
I am,
Sir, Your most obedient, humble Servant,
Louis Mallet
The Under Secretary of State,
Home Office.
HIS MAJESTY'S SHIP "PRINCE OF WALES",
MEDITERRANEAN.
16th. January 1908.
Copy.
Sir:-
In reply to your letter No. 39560 of the 10th.
instant, I
beg to inform you that at the time when my second daughter Louise and
my eldest
son George were horn in 1889 and 1892 respectively, I was on half-pay
and
present with my wife at the time of her confinement on both occasions.
I may say that soon after the birth of my eldest
son I took
counsel's opinion in Germany as to the precise status of myself and my
children
in the eyes of the law, as regarded citizenship. I then found
that, although I
had become a naturalized British subject in 1868, it still might be
possible
for the German Government in certain eventualities to claim me and my
children
as German subjects, as I had never formally renounced my citizenship in
Germany.
I therefore at once fulfilled all the necessary
formalities,
renouncing for myself and my descendants the position of a subject of
the Grand
Duke of Hesse and of the German Empire.
I have, &c,
(Signed) Louis Battenberg.
Vice-Admiral.
Sir Edward Grey,
Bart., M.P.,
&c., &c., &c.
Secretary of State
Home Department
Mr Pedder
The p.p. on this point were already out in
connection with
the revision of our Note-book. I have looked through all of them to see
whether
anyone has ever called attention to the presence, in the L.O.O. of
1860, of the
words “the parents being abroad”.
I can find only two instances, both in B 18265/13.
(a) Mr
Wheeler elaborates the point on the 2nd page of his memo
& (b)
someone has underlined the words where they are reprinted in the first
appendix
to that memo.
[initials] 30/1/08
159.961/4
4th March 1908
Foreign Office
Nationality
Children of Prince Henry and Prince Louis of
Battenberg
Forwards draft reference to Law Officers with a
view to
their confirming the opinion as to Prince Louis’ children Princess
Louise and Prince George.
Minutes
subject to one amendment I think H.O. may
concur in the
terms of reference to L.O. suggested by F.O. It is no doubt safer to
take the
L.O.O. although as shown in ./3 there seemed no need for it in view of
the
clearness of the views of both Depts.
I think the paragraph on the paper marked 1
should be
substituted for the paragraph in [ ] on pp 5 6 of F.O. draft.
? Say S of S has no objection to the reference
to L.O.
and concurs in its terms subject to above amendment.
J.P. 6/3/08
[in margin] F.O. minutes on their papers
enclosed
(perhaps by inadvertence) are rather amusing. Among other things they
express a
doubt whether H.O. is aware that the Prince and Princess in question
may have
no nationality at all! It would be difficult to be unaware under
the
circumstances.
I have suggested a pencil amendment. I
feel a little
doubt whether the true test is whether or no P Louis was or was not in
the
British Dominions when the children were born. It seems to me
doubtful whether
the nationality certificate operated so as to have any effect at all on
what
happened outside the B. Dominions. The certificate does not se the
words “when
in the British Dominions” but rather seems by its words to deprive the
Prince
of any extra dominional rights. This is not quit ethe same thing.
It however makes no difference to this case but
it wd be
better to put in the exact words of the certificate.
HC Mar 7. 08
AJ 9.3.08
Wrote F.O. 11.3.08
In any further communication on this subject,
please quote
No. 5356.
and address—
The Under-Secretary of State,
Foreign Office,
London.
Immediate.
Foreign Office March 4th, 1908.
Sir:-
I am directed by Secretary Sir E.Grey to
acknowledge the
receipt of your letter of the 13th ultimo (159961/3) relative to the
nationality of the children of His Royal Highness the late Prince Henry
of
Battenberg and of His Serene Highness Prince Louis of Batten-berg.
As regards the opinion expressed respecting the
nationality
of Princess Louise and Prince George, the children born abroad of
Prince Louis
of Battenberg it appears to Sir E. Grey that His Serene Highness is, by
reason
of his near connexion with the British Royal Family and his
distinguished
position in the public service, entitled to have such opinion confirmed
by the
Law Officers of the Crown. From the last paragraph of your letter
of December
24th last, Sir E.Grey had indeed been led to infer that - quite
independently
of the view which now commends itself to him - Mr. Secretary Gladstone
was of
opinion that the papers - should whatever opinion might he held by the
Legal
Adviser to the Secretary of State - be eventually referred to the Law
Officers.
I accordingly inclose a Draft reference to the Law
Officers
which has been prepared in this Department, and which, subject to Mr.
Gladstone's concurrence therein, Sir E. Grey proposes in the first
instance to
address to His Majesty's Attorney General and Solicitor General
requesting
their opinion on the points submitted to them therein.
I am,
Sir, Your most obedient,
humble Servant,
F.A. Campbell
The Under Secretary of State,
Home Office.
It may be added that if it is desired
that Prince George
of Battenberg (born in 1892) and Princess Louise (born in
1889) being both,
under age should acquire British Nationality three possible
courses suggest
themselves (1) His Serene Highness might obtain a Certificate of
naturalization under the last paragraph of Section 7 of the
Naturalization
Act, 1870 and Prince George and Princess Louise might acquire
British
nationality under Section 10 (5 ) of the Act; (2) The
Prince and Princess
themselves might be granted Certificates of Naturalization under
Section 7 of
the Act: Sir Edward Grey understands that the Secretary of State for
the Home
Department is willing for special reasons in special cases to depart
from the
general rule that Certificates of Naturalization are not granted
to minors and
to grant them waiving any question as to the validity of Certificates
so
granted; (3) The Prince and Princess could, if necessary,
be made British
subjects by special Act of Parliament, though it is the
rule that recourse
should not be had to this procedure when naturalization can be effected
under
the general law.
Registry No. 5356.
March , 1908
Draft. Law Officers.
Gentlemen:-
I have the honour, by direction of the Secretary
of State
for Foreign Af-fairs, to transmit to you the accompanying papers, which
relate
to the question of the nationality of the children of His Royal
Highness the
late Prince Henry of Battenberg and of His Serene Highness Prince Louis
of Battenberg.
It will be seen (Paper A) that His Majesty's
Chargé
d'Affaires at Darmstadt reported on November 30th last that, in
connexion with
certain legal formalities initiated by His Serene Highness Prince Louis
of
Battenberg relative to estates held by him in the Grand Duchy of Hesse,
the
German Courts had requested that they might be furnished with a
Declaration from
a British Authority that the children of His Serene Highness, and also
those of
the late Prince Henry of Battenberg were British subjects, His
Majesty's
Secretary of State for the Home Department, to whom the matter was
referred,
stated (Paper B) that as regards the children of the late Prince Henry
of
Battenberg there is no difficulty, inasmuch as it appears that all four
children (including Princess Victoria Eugenie who is now Queen of
Spain) were
born in the United Kingdom, and their nationality is determined
thereby. That
with regard to the children of Prince Louis of Battenberg the same
considerations apply to two of the children viz: Princess Victoria
Alice, (now
married to Prince Andrew of Greece), and Prince Louis Francois, who
were both
born in the United Kingdom. That the other two children of Prince
Louis viz: Princess
Louise and Prince George, were however born in Germany in 1889 and 1892
respectively, and the question of their nationality is therefore not
without
difficulty.
Prince Louis of Battenberg obtained in 1868 a
Certificate of
Naturalization (of which a copy is enclosed - Paper C) under the
Naturalization
Act 1844 (Paper D). By virtue of that Certificate the Prince has the
rights and
capacities of a British subject when in His Majesty's Dominions, but
not beyond
them.[in margin, pencilled: except any rights or capacities of a
natural
born British subject out of and beyond the Dominions of the British
Crown and
the limits thereof ] The nationality of a child born abroad
of a father
naturalized under the Act of 1844 does not appear to have been
authoritatively
decided, but the opinions of your predecessors, which are referred to
in the
Home Office letter and of which copies are. enclosed (Papers E and F)
are to
the effect that the grant of a Certificate under that Act is personal,
and does
not confer British nationality by descent on the children born
abroad. In
view, however, of the fact that the opinion of the Law Officers of 1860
(Paper
E) is limited by the expression "the parent being abroad", enquiry
has been made of Prince Louis of Battenberg whether at the time of the
birth of
the children in question His Serene Highness was or was not in the
British
Dominions.
It now appears from His Serene Highness' letter of
January
16th (Paper G) that at the time of the births of these children he was
in Germany,
and was consequently abroad (i.e. not within the King's
Dominions). His Serene
Highness further states in this letter that, with a view of avoiding
any claim
on the part of the German Government upon himself or his children as
German
subjects, he had fulfilled the necessary formalities, renouncing for
himself
and his descendants the position of a sub-ject of the Grand Duke of
Hesse and
of the German Empire. It would seem to follow therefore that if
Princess
Louise and Prince George are neither British subjects nor German
subjects they
are technically of no nationality.
The Home Office letter (Paper H) shows the reply
which His
Majesty's Secretary of State for the Home Department suggests should he
communicated to the German Courts in reply to their enquiry. In
view, however,
of the fact that the question is not wholly free from doubt, and also
of the
fact of His Serene Highness's near connexion with the British Royal
Family, and
his distinguished position in the public service of this country, Sir
E. Grey
would prefer in the first instance to submit the matter for your
consideration.
It should be added that Prince George of
Battenberg (born in
1892) is in his sixteenth year, and Princess Louise (born in 1889) in
her
nineteenth year, and if the question of issuing separate Certificates
of
Naturalization to them should arise, Sir E. Grey understands that it is
the
prac-tice of His Majesty's Secretary of State for the Home Department,
under
the Naturalization Act 1870 (Paper I), to issue such Certificates to
minors in
special cases, although as a general rule they are not issued to
persons wider
the age of twenty-one years. Moreover, the Naturalization of
Prince George and
Princess Louise could if necessary, be effected by special Act of
Parliament.
Sir E. Grey would accordingly he glad if you would
take the
papers enclosed here with into your consideration and favour him at
your
earliest convenience with your opinion.
(1) Whether Prince George and Princess
Louise of
Battenberg, being the children born abroad of His Serene Highness
Prince Louis of Battenberg, who was naturalized a
British
subject under the Act of 1844, are or are not to be deemed Naturalized
British
Subjects.
(2) In the latter case, how best the status of
British
subject can be conferred upon Prince George and Princess Louise.
(3) As regards the terms of the declaration which
should in
the circumstances be furnished to the German Courts.
Sir E. Grey would also be glad to be furnished
with any
observations of a general character which you may be good enough to
offer on
the papers now submitted to you.
LIST OF PAPERS.
A. Mr. Harford, No. 5 Treaty, Nov. 30, 1907.
B. Home Office, Dec, 24, 1907.
C. Certificate of Naturalization of Prince Louis
of
Battenberg.
D. Naturalization Act, 1844.
E. Law Officers Report, Aug. 13, 1860. F.
Do.......Do.........July 14, 1875 .
G. Prince Louis of Battenberg, Jan. 16, 1908. H.
Home Office, Feb. 13, 1908. I. Naturalization Act, 1870.
159961/5
15 May 1908
Foreign Office
Nationality
Children of HRH the late Prince Henry of
Battenberg and HSH
Prince Louis of Battenberg
Fd copy Report of LOO in ref. to natiionality of
above and
propose (if S of S concurs) to address a communication to Prince Louis
of
Battenberg in the sense of the last paragraph of (1) and of (2) and (3)
of the
LOO report.
Minutes
The L.O. agree with H.O. and F.O that the
children born
abroad of a person naturalised under the Act of 1844 who was himself
abroad at
the time of their birth are not British subjects.
They differ between themselves as to whether
such
children can become Brit. Subh. under s. 10(5) of the Act of
1870. The Solr.
Genl. takes the view that they cannot, following L.O.O. which has held
good for
24 years. The A.G. thinks they can.
H.O. may certainly agree with F.O. in not
desiring to
reopen this question, especially when it is not realy necessary as all
doubt
can be removed by Prince Louis taking out a cert. under the act of 1870.
? Say S of S agrees with Sir E Grey in adopting
the S-G’s
view so far at all events as to act on the L.o.s agreed recommendation
that
Prince Louis should proceed to naturalisation under the Act of
1870 and
concurs in the sense of F.O. proposed letter to the Prince.
Is S of S right in presuming that in the first
line of
the L.O. Report as printed the word “born” has fallen out between
“been” and
“abroad”? He will be much obliged if he can have 6 copies of the Paper
for
record in this Dept.
J.P. 16/5/08
HC May 16/08
AJ 19.5.08
MJG 19/5/08
Wrote F.O. 22.5.08
Whitehall, 21 May 1908
Rewritten 22.5
Sir,
in reply to your letter of the 15th
instant
transmitting a copy of a report by the Law Officers of the Crown with
reference
to the nationality of the children of His Royal Highness the late
Prince Henry
of Battenberg and of His Serene Highness Prince Louis of Battenberg, I
am
directed by Mr. Secretary Gladstone to say as regards the difference of
opinion
between the Attorney General and the Solicitor General as to the extent
of the
application of section 10 (5) of the Naturalization Act, 1870, that he
agrees
with Sir Edward Grey in thinking it desirable to adopt the Solicitor
General’s
view, which is in accordance with the opinion expressed by the Law
Officers in
1884 in the case of Walter Goldscmhidt and the practice based upon that
opinion, so far, at all events, as to act on the Law Officers’ agreed
recommendation that Prince Louis of Battenberg should proceed to obtain
a
Certificate of Naturalization under the Act of 1870.
[Mr G. concurs also that a letter should be
addressed to
Prince Louis in the terms proposed by Sir E. Grey.]
[As regards the print enclosed in your letter]
I am
to add that [enquire whether] Mr. Gladstone will be
glad to
know if he is right in presuming that in the first line of the Law
Officers’ Report, as printed, the word “born” has fallen out between
“been” and
“abroad”” and [I am to to say that if he can] to be
furnished
with six copies of the Paper enclosed with your letter [print]
for
purposes of record in this Department. [he will be much obliged]
I am, Sir, Your obedient Servant,
The Under Secretary of State,
Foreign Office.
In any farther communication on this subject,
please quote
No 13909.
and address—
The Under-Secretary of State,
Foreign Office,
London.
Confidential.
Foreign Office May 15, 1908.
Sir:-
With reference to your letter of the 11th March
last
(159961/4), I am directed by Secretary Sir E. Grey to transmit
herewith, for
the confidential information of Mr. Secretary Gladstone, a copy of the
Report
which has been received from the Law Officers of the Crown, with
reference to
the nation-ality of the children of His Royal Highness the late Prince
Henry of
Battenberg and of His Serene Highness Prince Louis of Battenberg.
With regard to the separate opinions expressed by
the
Attorney General and the Solicitor-General as to the interpretation to
be
placed upon Section 10 (5) of the Naturalization Act, 1870, I am to
observe
that the latter opinion is in accord with that of the Law Officers of
the Crown
of May 13th, 1884, obtained by your Department in the case of Mr.
Walter
Goldschmidt, and therefore embodies the practice which has been adopted
ever
since that date.
In these circumstances Sir E. Grey, though he does
not
desire, and deems it unnecessary, to express any opinion as to which of
the two
views taken respectively by the Attorney General on the one hand and by
the
solicitor General on the other, is in the abstract the more correct,
considers
that that of the Solicitor-General is for practical reasons on the
whole to be
preferred, inasmuch as its adoption does not disturb the existing usage
which
has been followed for the past twenty four years.
Should Mr. Secretary Gladstone concur, Sir E. Grey
accordingly proposes now to address a communication to Prince Louis of
Battenberg in the sense of the last paragraph of (l), and of (2) and
(3) of the
Law Officers Report.
I am, Sir,
Your most obedient, humble Servant,
F. H. Campbell
The Under Secretary of State,
Home Office.
GENERAL.
[5356]
NO.
[April 22, 1908.]
Foreign Office to the Law Officers of the Crown.
Gentlemen,
Foreign Office, March 17, 1908.
I HAVE the honour, by direction of the Secretary
of State
for Foreign Affairs, to transmit to you the accompanying papers, which
relate
to the question of the nationality of the children of His Royal
Highness the
late Prince Henry of Battenberg, and of His Serene Highness Prince
Louis of
Battenberg.
It will be seen (Paper A) that His Majesty's
Charge
d'Affaires at Darmstadt reported on the 30th November last that, in
connection
with certain legal formalities initiated by His Serene Highness Prince
Louis of
Battenberg relative to estates held by him in the Grand Duchy of Hesse,
the
German Courts had requested that they might be furnished with a
Declaration
from a British authority that the children of His Serene Highness, and
also
those of the late Prince Henry of Battenberg, were British subjects.
His Majesty's Secretary of State for the Home
Department, to
whom the matter was referred, stated (Paper B) that as regards the
children of
the late Prince Henry of Battenberg there is no difficulty, inasmuch as
it
appears that all four children (including Princess Victoria Eugenie,
who is now
Queen of Spain) were born in the United Kingdom, and their nationality
is
determined thereby. That with regard to the children of Prince Louis of
Battenberg the same considerations apply to two of the children, viz.,
Princess
Victoria Alice (now married to Prince Andrew of Greece) and Prince
Louis
Francois, who were both born in the United Kingdom; that the other two
children
of Prince Louis, viz., Princess Louise and Prince George, were,
however, born
in Germany in 1889 and 1892 respectively, and the question of their
nationality
is therefore not without difficulty.
Prince Louis of Battenberg obtained in 1868 a
certificate of
naturalization (of which a copy is inclosed (Paper C)) under "The
Naturalization Act, 1844 " (Paper D). By virtue of that certificate the
Prince has the rights and capacities of a British subject, except any
rights or
capacities of a natural born British subject out of and beyond the
Dominions of
the British Crown and the limits thereof. The nationality of a child
born
abroad of a father naturalized under the Act of 1844 does not appear to
have
been authoritatively decided, but the opinions of your predecessors,
which are
referred to in the Home Office letter, and of which copies are inclosed
(Papers
E and F), are to the effect that the grant of a certificate under that
Act is
personal, and does not confer British nationality by descent on the
children
born abroad. In view, however, of the fact that the opinion of the Law.
Officers of 1860 (Paper E) is limited by the expression "the parent
being
abroad," inquiry has been made of Prince Louis of Battenberg whether at
the time of the birth of the children in question His Serene Highness
was or
was not in the British Dominions.
It now appears from His Serene Highness' letter of
the 16th
January (Paper G) that at the time of the births of these children he
was in
Germany, and was consequently abroad (i.e., not within the King's
Dominions).
His Serene Highness further states in . this letter mat, with a view of
avoiding any claim on the part of the German Government upon himself or
his
children as German subjects, he had fulfilled the necessary
formalities,
renouncing for himself and his descendants the position of a subject of
the
Grand Duke of Hesse and of the German Empire. It would seem to follow,
therefore, that if Princess Louise and Prince George are neither
British
subjects nor German subjects, they are technically of no nationality.
The Home Office letter (Paper H) shows the reply
which His
Majesty's Secretary of State for the Home Department suggests should be
communicated to the German Courts in reply to their inquiry. In
view, however,
of the fact that the question is not wholly free from doubt, and also
of the
fact of His Serene Highness near connection with the British Royal
Family and
his distinguished position in the public service of this country, Sir
E. Grey
would prefer, in the first instance, to submit the matter for your
consideration.
It may be added that if it should be desired that
Prince
George of Battenberg (born the 6th November, 1892, and consequently now
in his
sixteenth year) and Princess Louise (born the 13th July, 1889, and
consequently
now in her nineteenth year) should acquire British nationality, three
possible
courses suggest themselves, viz.:—
1. His Serene Highness Prince Louis of Battenberg
might
obtain a certificate of naturalization under the last paragraph of
section 7 of
"The Naturalization Act, 1870," which provides that—
"An alien who has been naturalized previously to
the
passing of that Act may apply .... in the United Kingdom."
In this event Prince George and Princess Louise of
Battenberg might acquire "British nationality under section 10 (5) of
the
Act.
2. Prince George and Princess Louise of
Battenberg might
themselves be granted certificates of naturalization under section 7 of
the
Act.
Sir Edward Grey understands that the Secretary of
State for
the Home Department is willing for special reasons in particular cases
to
depart from the general rule that certificates of naturalization are
not
granted to minors, and to grant such certificate waiving any question
as to the
validity of certificates so granted.
3. Prince George and Princess Louise of
Battenberg could,
if necessary, be naturalized by special Act of Parliament, although it
is, as a
rule, undesirable that recourse should be had to this procedure in
cases where
naturalization can be effected under the General Act.
Sir E. Grey would accordingly be glad if you would take the
papers inclosed herewith into your consideration, and favour him at
your
earliest convenience with your opinion—
1. Whether Prince George and Princess Louise of
Battenberg,
being the children born abroad of His Serene Highness Prince Louis of
Battenberg, who was naturalized a British subject under the Act of
1844, are or
are not to be deemed naturalized British subjects.
2. In the latter case, how best the status of
British
subject can be conferred upon Prince George and Princess Louise.
3. As regards the terms of the Declaration which
should, in
the circumstances be furnished to the German Courts.
Sir E. Grey would also be glad to be furnished with any
observations of a general character which you may be good enough to
offer on
the papers now submitted to you.
I have, &c. (Signed) F. A. CAMPBELL.
List of Papers.
(A) Mr, Harford, No. 5, Treaty
...... November 30, 1907
(B) Home Office ...... December
24, 1907
(C) Certificate of Naturalization of Prince Louis
of
Battenberg September 30, 1868
(D) " Naturalization Act, 1844.
(E) Law Officers' Report........
August 13,1860
(F) Law Officers' Report
.. ..
.. July 14 1875
(G.) Prince Louis of Battenberg
...... January 16, 1908
(H) Home Office ......
February 18, 1908
(I.) " Naturalization Act, 1870."
[13909]
Report.
1. In our opinion Prince George and Princess
Louise, having
been abroad in the circumstances stated, are not natural born British
subjects.
Whether by section 10 (5) of " The Naturalization
Act,
1870," they have become naturalized British, subjects on their becoming
resident
with their father in the United Kingdom is open to argument either way.
The Attorney-General thinks that if they have so
become
resident they are now naturalized, as the words of section 10 (5) are
quite
general, and appear to apply to all certificates of naturalization,
whether
granted under the Act of 1844 or the Act of 1870.
The Solicitor-General, however, is of the opinion
that
section 10 (5) only applies to the children of persons who have
received
certificates of naturalization under the 1870 Act.
In these circumstances we think it is desirable
that Prince
Louis should obtain a certificate of naturalization under the Act of
1870, in
order that he may become clearly entitled to the benefit of section 10
(5).
2. We think that the best method of
conferring the status
of British subject upon Prince George and Princess Louise, if they have
resided
in the United Kingdom with their father, is to proceed as indicated in
the
above answer.
3. If the course above suggested is adopted,
before
furnishing the Declaration to the German Courts, we think that the
Declaration
should state that, in the opinion of His Majesty's Government, the four
children of Prince Henry, except Princess Victoria Eugenie, who is now
Queen
of Spain, and the four children of Prince Louis, except Princess
Victoria
Alice, who is now married to Prince Andrew of Greece, are British
subjects.
The Declaration should further state that Princess
Victoria
Eugenie and Princess Victoria Alice were formerly British subjects, but
have
ceased to be so by reason of their respective marriages.
We assume that it is not necessary for the
purposes of the
proceedings in the German Courts to advert to any distinction between
natural
born and naturalized British subjects.
(Signed)
W. S. ROBSON.
S. T. EVANS.
Law Officers' Department,
April 22, 1908.
159961/6
29 May 1908
Foreign Office
nationality
Nationality of Children of Prince Louis of
Battenberg
Fd copy lt they have addressed to Rear
Admiral HSH Prince
Louis of Battenberg
Minutes
lay by
J.P.
1/6/08
Copy
(17712)
FOREIGN OFFICE,
May 29, 1908.
Sir:-
With reference to your letter of the 16th January
last, respecting
the national statue of Your Serene Highness's children Princess Louise
and
Prince George born in Germany in 1889 and 1892 respectively, I have the
honour
to inform you that the matter has since received the careful
consideration of
His Majesty's Government, who are advised that Princess Louise and
Prince
George, having been born abroad in the circumstances stated, are not
natural
born British subjects.
The provisions of the Naturalization Act 1844,
under which
you obtained a Certificate of Naturalization in 1868 do not extend to
the
children born abroad of persons naturalised thereunder; and although
the
Naturalisation Act of 1870 provides (section 10 (5)) that: Where
the father
has obtained a certificate of naturalisation in the United Kingdom,
every child
of such father who during infancy has become resident with such father
in any
part of the United Kingdom, shall be deemed to be a naturalized British
subject
this provision only applies to the children of per-sons who have
received
Certificates of Naturalization under that Act.
It should therefore seem desirable, and I would
suggest that
Your serene Highness should apply to His Majesty's secretary of state
for the
Home Depart-ment for a Certificate of naturalization under the Act of
1870, in
order that you may become entitled to the benefit of section 10 (5)
thereof.
Upon your being furnished with such Certificate of
Naturalization Princess Louise and Prince George will, as the minor
children of
Your serene Highness residing with you during their infancy in the
United
Kingdom, be deemed to have had conferred upon them the status of
British
subject.
With regard to the Declaration which the German
Courts have
requested may be supplied to them (referred to in my letter of January
10th
last), it could then he stated in such Declaration that in the opinion
of His
Majesty's Government, Your Serene Highness's four children are British
subjects, with the exception of Princess Victoria Alice, who was
formerly a
British subject, but had ceased to be by reason of her marriage with
His Royal
Highness Prince Andrew of
Greece.
I have the honour to be,
Sir,
Your serene Highness's most obedient, humble
Servant,
signed E. Grey
Rear-Admiral
His Serene Highness
Prince Louis of Battenberg,
G.C.B.
c/o
Admiralty.
159961/7
19 June 1908
Foreign Office
nationality of Children of Prince Louis of
Battenberg
Forward copy of letter for Prince Louis of
Battenberg
For pp re Nat. of Prince Louis of Battenberg under
the Act
of 1870 see B16148/5
Minutes
Lay By.
[initials 9] 26/6/08
J.P. 30/6/08
Prince Louis called one day in Dec 08 to
ask how this
matter was going. On my expaining that we were awaiting a comunication
from
him, he said he had applied for naturalisation six months ago. It was
then
arranged that his solicitor should be referred to and instructed to put
the
matter through.
Now see B16148/5
When the Cert. is completed there, inform F.O.
of the
fact with short explanation of the delay.
J.P. 13/1/09
Wrote F.O. 27/1/09
Copy
(20399)
His Majesty’s Ship “Prince of Wales”
Mediterranean,
Malta,
8th June 1908
Sir:-
I have the honour to acknowledge the receipt of
your letter
(17717) of 29th ultimo, and to state that I have this day
signed an
application to the Secretary of State for the Home Department for the
grant of
a certificate under the Naturalization Act of 1870, as you were good
enough to
advise.
I have &c.,
(Signed) Louis Battenberg,
Vice Admiral
The Secretary of State for Foreign Affairs.
159961/8
5th February 09
Foreign Office
Nationality of children of Prince Louis of
Battenberg
Forward copy of a Despatch to Mr Harford, and copy
of a
letter to Prince Louis of Battenberg
Minutes
these letters follow Para (3) of
the LOO in
./5
Lay by
[initials 9] 6.12.08
J.P. 8/2/09
Copy.
No.2.
Treaty
(3673/09)
Foreign Office
February 3d, 1909
Sir:-
I have had under my consideration, in
communication with His
Majesty’s Secretary of State for the Home Department and the Law
Officers of
the Crown, your despatch No.5 Treaty of November 30th, 1907,
on the
subject of the declaration required by the German Courts from His
Majesty’s
government to the effecct that the children of His Royal Highness the
late
Prince Henry of Battenberg and of Vice-Admiral His Serene Highness
Prince Louis
of Battenberg are deemed to be British subjects.
I now authorize you to furnish a declaration under
you hand
and seal to Herr Menzes, stating that in the opinion of His Majesty’s
Government the children of His Royal Highness the late Prince Henry of
Battenberg, except Princess Victoria Eugénie, who is now Queen of
Spain, and
the four children of His Serene Highness Prince Louis of Battenberg,
except
Princess Victoria Alice, who is now married to Prince Andrew of Greece,
are
British subjects. You should add that Princess Victoria Eugénie
and Princess
victoria Alice were formerly British subjects, but haveceased to be so
by
reason of their respective marriages.
I am with great truth,
Sir,
Your most obedient, humble Servant
(signed) F. A Campbell
F. D. Harford, Esq., C.V.O.,
&c., &c., &c.
FOREIGN OFFICE,
February 4 , 1909.
Sir:-
With reference to your letter of June 8th last, I
have the
honour to inform Your Serene Highness that His Majesty's Secretary of
State for
the Home Depart-mont states that a Certificate of Naturalization under
Section
10 (5) of the "Naturalisation Act 1870” has been duly issued in your
favour.
I have accordingly authorised His Majesty's Charge
d'Affaires at Darmstadt to furnish a declara-tion under his hand and
seal to
Herr Menges, stating that, in the opinion of His Majesty's Government,
the four
children of His Royal Highness the late Prince Henry of Battenberg,
except
Princess Victoria Eugénie, now Her Majesty The Queen of Spain, - and
the four
children of Your Serene Highness, - except Princess Victoria Alice who
is now
married to His Royal Highness Prince Andrew of Greece, - are
British subjects.
Mr. Harford has been instructed to add that
Princess
Victoria Eugénie and Princess Victoria Alice were formerly British
subjects,
but have ceased to be so by reason of their respective marriages.
I have the honour to be, Sir,
Your Serene Highness's most
obedient,
humble Servant,
Vice -Admiral His Serene Highness
Prince Louis of Battenberg,G.C.B.,G.C.V.O. c/o
Admiralty.
159961/9
18 Feb 1909
Foreign Office
Nationality of Children of Prince Louis of
Battenberg
Forward despatch from Mr Harford as to the above
Minutes
Lay by
J.P.
19/2/09
Copy.
No. 1. Treaty (6142)
Darmstadt, February 8th, 1909
Sir:-
In accordance with the authorization granted me in
your
despatch No. 2 Treaty (3673/09_ of the 3rd instant, I have
this day
furnished to Herr Menges a declaration in the terms of that despatch
under my
hand and seal, as to the British nationality of the chidlren of His
Royal
Highness the late Prince Henry of Battenberg, and of Vice Admiral His
Serene
Highness Prince Louis of Battenberg, as required by the German Courts.
I have, &c.,
(Signed) Frederic D. Harford.
The Right HonourableSir E. Grey, Bart., M.P.,
&c., &c., &c.