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Notes on Naturalization Records
Maggie Stewart Zimmerman's Notes From:
Immigration & Naturalization
The Medina County (Ohio) Genealogical Society
Saturday March 27, 1999 at 10 a.m.
Medina Library Annex meeting room
Speaker was Dr. Judith Cetina of the Cuyahoga County Archives
(Dr. Cetina is a nationally recognized speaker on immigration &
naturalization as they relate to genealogical research.)
I will start with what she told us on the changes to the naturalization
laws and I will put comments in in brackets.
3/26/1790 The first naturalization law was written (Constitution Article
1, Section 8) To become a citizen you had to:
1. Make a Declaration of Intent in the State Legislature
2. Be a Male, Free, White and in the US for 2 years (resident of State
for 1 year)
3. Give an Oath of Allegiance - given before a court to support the
Constitution of the United States
4. Renounce all former allegiances to any foreign ruler - "to renounce
forever all allegiance and fidelity to any foreign-prince, potentate,
state or sovereignty"
5. Be of Good Moral Character (sometimes the witnesses for these can
give you clues)
In 1795 this law was amended (due to the political parties not agreeing)
and to become a citizen you need to meet the following requirements:
1. Probationary period
2. Declaration of Intent
3. Renounce Country of Origin
4. Live in US for 5 years, Resident of State for 1 year
(NOTE: They could homestead, buy real estate, everything to live a full
life without becoming naturalized.)
In 1798 the Alien And Sedition Acts were passed
1. For two years the state could expel (deport) any one they considered
a dangerous Alien without a trial
2. Increased the years of Residence in US to 14
3. Increased the years of Residence in State to 5 yrs
(I wonder how many lived to be naturalized)
4. Declaration of Intent at least 5 years before you started the above
process
(You can also see that you have to take the year and the wait into
account when you try to figure what year they entered the US)
----------------------------
In 1802, Thomas Jefferson was elected President and a new set of laws for
naturalization was adopted and these lasted to 1906 with only a few minor
changes. Following are the qualifications for naturalization as I have
them written. (I just want you to know that there is no importance to
order)
1. Free White Person
2. Oath of Affirmations 3 years prior [In 1824 this was decreased to
2 years]
3. Renounce forever their country of origin (I suspect that they were
worried about disitents (sp?)) (I think there were a lot of
troublemakers tossed out of England, Scotland, Ireland, Wales, and
France around this time.)
4. Swear to Support only the US Government
5. Prove that they are of good moral character
6. Establish Residence in US for 5 years
7. Establish residence in State/Territory of residence for 1 year
8. Any court of record could Naturalize a citizen
(This means that you have to search them all)
[NOTE: In Cuyahoga County from 1818-1831 these records are in the court of
common pleas]
(The Intent to Naturalize could be in one court and the Naturalization
could be in another. Also there is not guarantee that just because they
filed the Intent that they became Naturalized. Where to check that they
were Naturalized: If they voted, get the voter registration card and on
the later census records.)
The early records are not very useful but the later ones will tell you
where they landed and a lot more.
Alien Registration:
---1798-1828 Report in the Clerk of District Court books (# in family,
Birthplace, Age, Place of Origin)
---1816 They had to produce the certificate that they were given
for Naturalization.
---This was all abolished in 1828.
(So don't drive yourselves nuts looking for a certificate because those
were given to your ancestor to keep as proof)
BTW, she also said that there were no evidence of those Alien Registrations
in Cuyahoga County.
-----------------------------------
About Women and Naturalization
1. I only have info for women from 1855 on.
2. In 1855 Female White Alien (as in not from our country) could not
become a naturalized citizen if they were married. The law states "any
woman who might lawfully be naturalized under the existing laws, married,
or who shall be married to a citizen of the United States, shall be deemed
and taken to be a citizen."
3. So the only women you see in the indexes/records were single.
4. In 1907 a new act was passed and then the women assumed the nationality
of the man that they married. Please note that if a US born woman married
a man from Germany, she became German. So the woman took on the
nationality of her husband.
5. In 1922 (around the time of the women's suffrage) the Cable Act was
passed (John Cable was a Representative from OH). The legislation
declared "a woman's right to become a naturalized citizen would not be
denied or abridged because of her sex or because she was a married woman."
Women's freedom was restored (there was no effect on citizenship
with marriage) and women had to go through the naturalization process if
the
wanted to be naturalized.
6. Between 1907 & 1922 there are some women and children on the certs
but that is depending on the county record keepers. And if they married
a US citizen or someone who became a US citizen they were just part of
his naturalization but they very seldom gave the names separately.
About Children and Naturalization
(This is general stuff)
1. Children - Under 21years at parents naturalization no considered
naturalized.
2. There was a law called the Alien Minor law in 1824 (Essentially no
declaration for intent needed before admission)
3. Male White Minor resident 3 years prior to age 21years
4. 5 years in the US are exempt from filing a Declaration of Intent
5. In 1862 and Alien who is 21 years who was in the military with
honorable discharge could use that discharge in lieu of the Declaration
of Intent. (guess they figured that if they were willing to fight for
the country they were not a threat.) I think that the confederates
would not be included we did some discussion and decided that they would
not be considered as having shown allegiance to the US.
------------------------------
More About Naturalization History
In 1906 Restrictions were Placed on the Declaration of Intent
1. It is only good for 7 years (so if you don't get naturalized in that
7 years you have to start the process again.)
2. You have to make it where you resided
3. All records have to be recorded with the Bureau of Immigration and
Naturalization (It was under the US Department of Labor and had two
parts - Immigration & Naturalization)
In 1933 the two parts were reunited but still under the Dept of Labor and
Uniform Forms were created in 1940 this was transferred to the Department
of Justice.
The Naturalization process was obligatory on the Federal Court system
(verses the Common Pleas Court)
Forms and Documentation
This section has all the different documents and forms and what pertinent
genealogical data you can expect to find on them.
Registry and Reports
1795 Declaration of Intent
Common Pleas Court - is an entry with Name, Date, 1818 and later also the
Country of origin and Naturalization
In Nov 1856 a Form was used.
Name, Date of Arrival, Country of Origin, Monarch (sometimes in
Naturalization Note)
1859-1901 Probate Court - Declaration of Aliens (Abbreviated DOA-Grin)
Same as Nov 1856 and added Separate Alien Minors listed with age, date,
and month of birth
1883-1906 Alien under 18 years in the Common Pleas Court same as
1859-1901 in the Probate Court
Naturalization records
Before 1883 are an Entry in the Common Pleas Journal - Grouped by term
of names and dates. (This means that for example the May term of 1883
with a list of names of those naturalized if you get very lucky they
might list them under the coutry of origin.)
In 1883 the Forms of Naturalization included:
Name, Country, DOB, sometimes the village of arrival, Declaration Date,
Occupation, Residence and a signature
In 1888 - Probate Court started keeping records and the later the year
gets the more info you could get. There are also, in some probate courts,
a book called the Naturalization Book and in those you can usually find a
witness name and those were usually related to the person being
naturalized.
Information on the Standard Form for Declaration of Intent that has
been used since 1906: (This is what the form asks for but as you know
they always don't fill in the one piece of info you want)
Name, age, occupation, full description (complection, hair color,
eye color, height, weight), Place of Birth, Date of Birth, Residence,
Imigrated on ____ ship from ____ (village, country), Wife (her date of
birth and place of birth), Place & Date of Arrival, witness (Most of
these are in the Court of Common Pleas)
Now the Naturalization Petition itself, you have the above and add
The children and their Dates of birth, More information about the wife,
and there are photos attached to the ones (sometimes) from the US
District Court (that would be after 1940 if I am remembering right).
What you will NOT find...
Name of Parents and where they were married.
---------------------------
More About Naturalization History
In 1906 Restrictions were Placed on the Declaration of Intent
1. It is only good for 7 years (so if you don't get naturalized in that
7 years you have to start the process again.)
2. You have to make it where you resided
3. All records have to be recorded with the Bureau of Immigration and
Naturalization (It was under the US Department of Labor and had two
parts - Immigration & Naturalization)
In 1933 the two parts were reunited but still under the Dept of Labor and
Uniform Forms were created in 1940 this was transferred to the Department
of Justice.
The Naturalization process was obligatory on the Federal Court system
(verses the Common Pleas Court)
Forms and Documentation
This section has all the different documents and forms and what pertinent
genealogical data you can expect to find on them.
Registry and Reports
1795 Declaration of Intent
Common Pleas Court - is an entry with Name, Date, 1818 and later also the
Country of origin and Naturalization
In Nov 1856 a Form was used.
Name, Date of Arrival, Country of Origin, Monarch (sometimes in
Naturalization Note)
1859-1901 Probate Court - Declaration of Aliens (Abbreviated DOA-Grin)
Same as Nov 1856 and added Separate Alien Minors listed with age, date,
and month of birth
1883-1906 Alien under 18 years in the Common Pleas Court same as
1859-1901 in the Probate Court
-------------------------------
Naturalization records
Before 1883 are an Entry in the Common Pleas Journal - Grouped by term
of names and dates. (This means that for example the May term of 1883
with a list of names of those naturalized if you get very lucky they
might list them under the country of origin.)
In 1883 the Forms of Naturalization included:
Name, Country, DOB, sometimes the village of arrival, Declaration Date,
Occupation, Residence and a signature
In 1888 - Probate Court started keeping records and the later the year
gets the more info you could get. There are also, in some probate courts,
a book called the Naturalization Book and in those you can usually find a
witness name and those were usually related to the person being
naturalized.
Information on the Standard Form for Declaration of Intent that has
been used since 1906: (This is what the form asks for but as you know
they always don't fill in the one piece of info you want)
Name, age, occupation, full description (coloring, hair color,
eye color, height, weight), Place of Birth, Date of Birth, Residence,
Immigrated on ____ ship from ____ (village, country), Wife (her date of
birth and place of birth), Place & Date of Arrival, witness (Most of
these are in the Court of Common Pleas)
Now the Naturalization Petition itself, you have the above and add
The children and their Dates of birth, More information about the wife,
and there are photos attached to the ones (sometimes) from the US
District Court (that would be after 1940 if I am remembering right).
What you will NOT find...
Name of Parents and where they were married.
------------------------
**From here on I just have notes and such.
1. For some reason I have written down "Look in Alien Appearance Docket
Books"
2. The records from 1855 to the 1980s for this region have been
transferred to the Great Lakes Regional Branch in Chicago Illinois.
National Archives - Great Lakes Region
7358 South Pulaski Rd.
Chicago, IL 60629
(312)581-7816
Dr. Cetina told us that the Cuyahoga County Board of Elections has all
voting records on cards just ask for the Registration Department. (I
would suspect that it would be similar in most counties.) Also before
1855 all the Cuyahoga County records are in the Court of Common Pleas as
the Probate Court was not formed until then.
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