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.