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Introduction

Naturalization is the process by which an alien becomes an American citizen. It is a voluntary act; naturalization is not required.

The Courts

From the first naturalization law passed by Congress in 1790 through much of the 20th century, an alien could become naturalized in any court of record. Thus, most people went to the court most convenient to them, usually a county court. The names and types of courts vary from State to State. The names and types of courts have also varied during different periods of history--but may include the county supreme, circuit, district, equity, chancery, probate, or common pleas court. Most researchers will find that their ancestors became naturalized in one of these courts. A few State supreme courts also naturalized aliens, such as the supreme courts of Indiana, Idaho, Iowa, Maine, New Jersey, and South Dakota. Aliens who lived in large cities sometimes became naturalized in a Federal court, such as a U.S. district court or U.S. circuit court.

General Rule: The Two-Step Process

Congress passed the first law regulating naturalization in1790 (1 Stat. 103). As a general rule, naturalization was a two-step process that took a minimum of 5 years. After residing in the United States for 2 years, an alien could file a "declaration of intent" (so-called "first papers") to become a citizen. After 3 additional years, the alien could "petition for naturalization." After the petition was granted, a certificate of citizenship was issued to the alien. (These two steps did not have to take place in the same court.)

Exceptions to the General Rule

Having stated this "two-step, 5-year" general rule, it is necessary to note several exceptions.

The first major exception was that "derivative" citizenship was granted to wives and minor children of naturalized men. From 1790 to 1922, wives of naturalized men automatically became citizens. This also meant that an alien woman who married a U.S. citizen automatically became a citizen. (Conversely, an American woman who married an alien lost her U.S. citizenship, even if she never left the United States.) From 1790 to 1940, children under the age of 21 automatically became naturalized citizens upon the naturalization of their father. Unfortunately, however, names and biographical information about wives and children are rarely included in declarations or petitions filed before September 1906.

The second major exception to the general rule was that, from 1824 to 1906, minor aliens who had lived in the United States 5 years before their 23rd birthday, could file both their declarations and petitions at the same time.

The third major exception to the general rule was the special consideration given to veterans. An 1862 law allowed honorably discharged Army veterans of any war to petition for naturalization -- without previously having filed a declaration of intent -- after only 1 year of residence in the United States.

The Records

It is impossible to provide hard-and-fast rules about the content or even the existence of naturalization records. The 1905 Report to the President of the Commission on Naturalization remarked:

The methods of making and keeping the naturalization records in both the Federal and State courts are as various as the procedure in such cases. Thus the declaration of intention in some courts consists merely of the bare statement of the intention and the name and allegiance of the alien, while in other courts it also includes a history of the alien.... In a majority of courts alien applicants are not required to make the declaration of intention required by law ... and in other courts he is. Previous to 1903 a majority of courts did not require petitions or affidavits; other courts did. Some courts keep a naturalization record separate from the other records; other courts include the naturalization record in the regular minutes of the court. Some records contain full histories of the aliens, but a majority of the records show only the name, nationality, oath of allegiance, and date of admission.

In 1903 a Justice Department investigator made even more condemnatory comments:

I find the naturalization records in many cases in a chaotic condition, many lost and destroyed, and some sold for old paper. Most the records consist of merely the name and nativity of the alien with no means of identifying aliens ofthe same name....In numerous cases I find aliens naturalized under initials instead of Christian names, surnames misspelled or changed entirely, and names of witnesses inserted in place of the alien naturalized....The examination of the records discloses the remarkable fact that never, since the first enactment of the naturalization laws, has any record been made in any court of the names of minor children who, under the operation of the statutes, were made citizens by the naturalization of their parents.

The Location of these Records

County Court Records

Naturalization records from county courts may still be at the county court, in a county or State archives, or at a regional archives serving several counties within a State. Some of these records or indexes have been published, such as the Index of Naturalizations, Ashtabula County, Ohio, 1875-1906, published by the Ashtabula County Genealogical Society.

Do not be surprised if county court employees tell you that their naturalization records are at "the National Archives" or that their court never conducted naturalizations. Most current court employees are probably not genealogists and may not be familiar with the court's older records. It is up to the researcher to determine the location of older court records.

County Court Records in the National Archives

As a general rule, the National Archives does not have naturalization records created in State or local courts. However, there is a National Archives microfilm publication that serves as an index to State and local court naturalizations in New York.

Federal Court Records

If the naturalization took place in a Federal court, naturalization indexes, declarations of intent, and petitions will usually be in the National Archives regional records services facility serving the State in which the Federal court is located. Some of these indexes and records have been microfilmed.

For more information

This essay is adapted from "The Location of Naturalization Records," The Record, Vol. 3, No. 2, pp. 21-22 (Nov. 1996)



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