THE HONGKONG GOVERNMENT GAZETTE, 1ST NOVEMBER, 1862. 291
Schedule of Enclosures to Circular Despatch to Governors dated 25th August, 1862, respecting the nationality of Children born of Foreign Parents in the British Colonies.
No. 1 Form of Statement.
2 Letter from Mr. La Trobe, dated 24th April, 1862.
to the Law Officers,
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6th June,
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23rd
97
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to Mr. La Trobe,
31
19th July,
19
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6
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from Mr. La Trobe,
29th
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7
to Mr. La Trobe,
21
7th August,
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7th
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11th
39
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99
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Form of Statement.
I, HENRY BARKLY, Governor of the Colony of Victoria, have examined the following documents, that is to say (a Cer- tificate of birth, an affidavit of nationality of parents, &c., as the case may be), and I have satisfied myself by such examination that Heinrich Schmidt was born in the said Colony of Victoria, of Prussian parents, on or about the 10th day of August, 1842. The King of Prussia being at the above date in amity with the Queen of England; and I therefore believe the said Heinrich Schmidt to be a British subject.
Rev. P. La Trobe to the Duke of Newcastle.
To His Grace the DUKE OF NEWCASTLE, K.G.,
Her Majesty's Principal Secretary of State for the Colonial Department.
27, Ely Place, 24th April, 1852.
MY LORD DUKE,-In Commission from the Bishops and Elders of the Unity of the Brethren constituting the Governing Ecclesiastical Board of that Church, and residing at Herrnhut in Saxony, I take the liberty of bringing a subject under the notice of your Grace which has occupied much of their attention of late, and occasioned them not a little embarrassment and difficulty.
It has reference to the children of Missionaries of the Brethrens (or Moravian) Church born in the British Colonies, the parents themselves being natives of one or other Continental State, to which, if their lives are spared, they are accustomed to retire in the evening of their days. To the Missionaries themselves the rights of citizenship are willingly conceded by the Civil Authorities of these countries, but to their children, who are ordinarily sent home for education at an early period of life, these rights are denied as the latter are unable to produce what is termed a "Heimaths-schein," a document showing what country is their home, and likewise a Certificate, testifying that they have not evaded the required military service, they are disqualified from engaging in any liberal profession, or from establishing themselves in business.
This is naturally felt to be a great hardship, and I am requested to bring it under the consideration of your Grace, and respectfully to enquire, whether any means of remedying it can be found through the kind assistance of the British Govern- ment; a Government which has afforded to the Missions of the Brethren in times past so many tokens of its favour and its benevolent regard.
The Colonies of Britain in which the Brethren's Church has Missionaries, at the present time, are, Labrador, Canada, Jamaica, Antigua, St. Kitts, Barbados, Tobago, the Cape of Good Hope, Australia, and Hindostan. In these various districts, the number of stations is 48, of Missionaries of both sexes employed, 187; the great majority of whom are foreigners by birth; in Labrador and South Africa all, with one single exception.
On the Mosquito Coast there is also a Mission commenced, and thus far carried on under British protection, with 5 stations · and 13 Missionaries, none of whom are subjects of the Crown of England.
Having stated the foregoing circumstances for the information of your Grace I beg leave respectfully to enquire—
1. Whether the children of German or other foreign Missionaries of our Church born in the British Colonies are entitled by the law of England to be accounted natural born subjects of Her Majesty.
2. Whether in the event of such being the case, an arrangement would be deemed possible or expedient, by which the child of a foreign Missionary of the Brethren's Church, on presentation of a certificate of birth and baptism in a British Colony, might obtain from a functionary, duly authorized for the purpose, an attestation, that the said child was regarded as a natural born subject of Her Majesty, and in possession of the rights and privileges attaching to that character.
An attestation of this kind would confer a great boon on the young people in question, as it would not only free them from compulsory military service, but also render them capable of establishing themselves in professions or business, in any part of the Continent.
Your Grace will, I doubt not, be disposed to admit, that the children of persons who have devoted themselves to the arduous and self-denying Missionary calling, often in countries unfavorable to health and life, should not be lightly deprived of any portion of their civil rights, particularly as many of their number are left fatherless or motherless, perhaps both, at a very early age.
The fact that about four-fifths of all the Moravian Missionaries in the British Colonies are foreigners by birth, and that the beneficial effects of their labours, extending over a period of more than a hundred years, have been repeatedly acknowledged by the Government of England, since the year 1788, when they were honoured with the cordial approbation of the Privy Council, may, perhaps, be considered by your Grace as a sufficient apology for this intrusion on your time and attention.
With unfeigned respect,-I have, &c.,
(Signed) P. LA TROBE, Secretary to the Unity of the Brethren in England.
Sir F. Rogers to the Attorney General and Solicitor General.
Downing Street, 6th June, 1862.
SIR, I am directed by the Duke of Newcastle to transmit to you a copy of a letter which has been addressed to him by the Secretary to the Missions of the Moravian Church, relative to the status of the children born in British Colonies of Missionaries who are natives of Foreign States.
If it is the case, as his Grace apprehends, that these children would be British subjects, except in the unusual case of the parents being alien enemies, his Grace would be glad to afford to them (and of course to all other persons similarly circums- tanced), every convenience which could prudently be given.
Bolr.
And I am to request that you will, in conjunction with the General, favour his Grace with your opinion whether and under what conditions the proposed certificate, or any document equivalent to it, could be given without material risk of error or abuse, or of any inconvenience to Her Majesty's Government.-I am, &c.,
The Attorney General,
The Solicitor General.
(Signed) F. ROGERS.
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