[Untitled]
My Lord: In reply to your lordship’s
dispatch of the 16th of June, I have the honor to inclose copy
and translation of a note dated the 8th instant, and of its
inclosure, addressed to me by the minister of foreign affairs,
in answer to my application to him for information as to the
disabilities of aliens in this country.
In the inclosure above referred to, your lordship will find a
statement of the rights, as well as of the disabilities, of
aliens in Portugal.
I have, &c.,
The Right Honorable Lord Stanley,
&c., &c.,
&c.
Foreign Department, Lisbon, August8,
1868.
Most Illustrious and Excellent Sir:
In addition to the note which my predecessor addressed to
your excellency on the 16th of July last, I have the honor
to forward to your excellency the inclosed copy of the
report made by the councillor and assistant attorney-general
to the Crown attached to the department of the interior,
wherein the rights and powers to which foreigners are
entitled in Portugal are summarily stated.
Having thus complied with the wish expressed by your
excellency in your note dated the 24th of June last,
I am, &c.,
[Page 1400]
(Copy.)
Rights and powers enjoyed by
foreigners in Portugal.
- 1.
- All foreigners residing or traveling in Portugal
possess the same rights and are subject to the same
civil duties as Portuguese citizens, as far as regards
any acts which are to be carried into effect in this
country, except in such cases in which either an express
law or a special treaty shall provide otherwise. (Civil
Code, art. 26.)
- 2.
- The status and civil capacity of foreigners are to be
regulated according to the law of their own country.
(Article 27.)
- 3.
- If met with in these realms they can be sued before
the Portuguese justices on account of any engagements
entered into with Portuguese in a foreign country, the
case of any special treaty excepted. (Arts. 28 and
30.)
- 4.
- They can be sued by other foreigners before the
Portuguese justices for any engagements entered into in
this country, if met with there, the aforesaid case
excepted. (Arts. 29 and 30.)
- 5.
- Any judgments given in foreign courts of justice upon
any civil rights between foreigners and Portuguese can
be carried into execution before the Portuguese
tribunals, (art. 31,) provided they are examined and
confirmed in any of the tribunals of second instance of
the kingdom, after hearing the parties, and in the
presence of the representative of the Crown, unless
there should be a treaty stipulation providing
otherwise, or whenever the parties expressly consent to
the execution of such judgments by a written agreement
signed by them before the proper judge, namely, that of
the domicile of the person against whom judgment is to
be carried out, and in his absence that of the place
where the property is situated. (“Reforma Judiciaria,”
Judicial Reform, art. 567, and respective
paragraph.)
- 6.
- Foreigners can become naturalized, if they are of age,
both by the law of their country and by Portuguese law,
provided they are able to maintain themselves either by
the work of their hands or by any other means of
subsistence, and shall have resided during one year in
Portuguese territory, unless they should be the
descendants of Portuguese blood, and should have come
for the purpose of establishing their domicile in this
kingdom; because, in such a case, one year’s residence
is not requisite, which may also be dispensed with by
the government in the case of a foreigner married to a
Portuguese woman, or in the case of any one who shall
have performed, or may be called to perform, any
important service to the nation. (Civil Code, arts. 19
and 20.)
- 7.
- Letters of naturalization are granted by the executive
power, (Constitutional Charter, art. 75, § 10,) but are
only valid after being registered in the municipal
chamber of the district where a foreigner shall have
established his domicile. (Civil Code, art. 21.)
- 8.
- All foreigners who are naturalized are Portuguese
citizens, (Constitutional Charter, art. 7, § 4,)
enjoying as such all the political rights appertaining
to them, such as voting at elections, &c., (art. 63
of the Constitutional Charter.) They cannot, however, be
elected deputies, (art. 68, § 2,) nor succeed to the
Crown, (art. 89,) nor be minister of state, (art. 106,)
nor a councillor of state, (art. 108.)
Lisbon,
July
29, 1868.
CONTO MONTERO.
True copy:
OLIMPIO JOAQUIM
OLIVEIRA.
True copy; Department of state
of foreign affairs, 8th of August,
1868.
EMILIO ACHILLES MONTEVERDE.