Media Share 9/MEDIASHARE_09.ISO/genealog/gen_na04.zip/NATURAL.TXT

Text File | 1989-03-29 | 11KB | 184 lines

┌─────────────────────────────────────────────────────────────────────┐
│            Research Tips - Naturalization Records                   │
│          Antoinette J. Seagraves in  "Penn in Hand"                 │
└─────────────────────────────────────────────────────────────────────┘
Naturalization is the granting of rights of citizenship to an alien as
though he were native-born.  The process of naturalization in America
has been a matter of concern to its inhabitants from colonial times to
the present.  Before 1709, for non-British subjects, naturalization was
required and each colony could determine the length of residency as well
as other requirements which varied from colony to colony.  Since a non-
citizen could not buy, own, or convey land, it was important for them to
become naturalized.  Because the vast majority of immigrants were
British subjects and their citizenship status remained the same as they
moved from one part of His Majesty's Empire to another, there were not
as many naturalizations during the colonial period as one might imagine.

From 1709 to 1740 requirements were to include an oath of allegiance and
the partaking of the sacrament of communion in the Church of England in
the presence of witnesses.  An Act of Parliament in 1740 stated that an
alien should reside in a particular colony at least 7 years before
appearing before a magistrate to take his oath of loyalty to the Crown
and colony and become a ctitizen.

At the time of the Declaration of Independence, any white adult person
of European descent, born in the colonies and loyal to the cause of the
American Revolution, automatically became a citizen.  The problem of
naturalization was addressed with the adoption of the Constitution.  A
basis for action was supplied in Article 1, section 8, whicih provided
that "Congress shall have the Power ... to establish an uniform Rule of
Naturalization.."

All citizenship was still said to be in the state and not in the nation.
the 14th amendment, adopted in 1868 changed this "All persons born or
naturalized in the United States and subject to the jurisdictions
thereof, are citizens of the United States and of the state wherein they
reside."

This national citizenship still excluded Indians. Certain tribes were
granted citizenship on 8 February 1887 and any Indians who had honorably
served in World War I were granted citizenship on 25 October 1919.  All
Indians were given citizenship on 2 June 1924.

On 26 March 1790, the first Congress under the Constitution, in its
second session, took action and passed an act (1 Stat. 103) stating that
any free while adult alien, male or female, who had resided within the
limits and jurisdiction of the United States for a period of 2 years,
was eligible for citizenship.  An individual who desired to become a
citizen under this act was to apply to "any common law court of record,
in any one of the states wherein he shall have resided for the term of
one year at least."  Those who proved to the court's satisfaction that
they were of good moral character and took an oath of allegiance to the
Constitution, were granted citizenship.  Children of successful
applicants, if under the age of 21, automatically became citizens.

Congress repealed the 1790 Act and passed a new one (1 Stat. 414) on 29
January 1795.  This increased the residency requirement from 2 to 5
years.  Applicants were also required to publically declare their
intention to become citizens of the United STates and to renounce any
allegiance to foreign prince, potentate, sate or sovereignty 3 years
before being admitted as citizens.  Any immigrants who had "borne any
hereditary title or been of the order of nobility" had to renounce that
status.

The residency requirement for naturalization is of importance for
genealogists for it helps to pinpoint a date of immigration for the
ancestor.  If you can locate the date of the naturalization for the
ancestor, knowing the residency requirement of the time period, you can
go back that number of yeaers to arrive at the latest possible date of
immigration.

With the passage of the Alien and Sedition Acts of 1798, the filing of a
declaration of intention at least 5 years before admission to
citizenship and residence of 14 years in the United States and 5 years
in a state was required by one of these laws (1 Stat. 566).  This act
was repealed on 14 April 1802 and replaced by a new law (2 Stat. 153)
which in effect represented a return to the requirements of the 1795 law
and formed the basis upon which all subsequent naturalization
legislation has been built.  The 1802 law stated that any free, white
alien might be admitted to citizenship provided the alien: 1) completed
a declaration of intention to become a citizen before a court at least 2
years before admission to citizenship; 2) took an oath of allegiance to
the United States; 3) resided in the United States at least 5 years and
in the state for 1 year; and 4) had established good moral character and
an attachment to the United States government.

There were minor modifications in naturalization laws from 1802 to 1855
which were merely to alter or clarify the details of evidence or
certification.  In 1855, citizenship was automatically granted to alien
wives of US citizens (10 Stat. 604).  The 14th Amendment to the
Constitution granted citizenship without regard to color of skin.  This
granted automatic citizenship to a large portion of our population
without naturalization and opened the naturalization process to persons
of African descent in 1870 (16 Stat. 256).

Other large groups of people became citizens without going through the
naturalization procss when the territory or land where they lived became
part of the United States through Federal land acquisition.  For
example, resident of the Louisiana Purchase (1803), West Florida (1810
and 1812), East Florida (1819), Alaska (1867), and the Virgin Islands
(1927) all became citizens through various treaties.  Residents of Texas
(1845), Hawaii (1898) and Puerto Rico (1917) all became citizens by
speical legislation,.   Residents of East and West Florida were given an
option to remain Spanish citizens if they so desired.

The comprehensive Naturalization Act of 29 June 1906 centralized the
naturalization process with the establishment of the Bureau of
Immigration and Naturalization in the Department of Labor.  In 1933, the
title was changed to Immigration and Naturalization Service and the
Service was transferred to the Department of Justice in 1940.  Up until
1906, all naturalization work was done by the courts.  Now officers of
the Immigration and Naturalization Service would examine all petitions
for citizenship and make recommendations to the courts for admission,
denial or continued investigation of the alien petitioners.

The Cable Act, passed on 22 September 1922, (42 Stat. 1021), repealed
the act of 1855 (10 Stat. 604) which had allowed alien wives of U.S.
citizens to derive their citizenship from that of their husbands.  Now
wives were required to file a petition, but only after 1 year of
residency and with no previous filing of a petition.

Today the general requirements for naturalization are: 18 years of age,
5 years permanent residence in the country and 6 months in the
particular State where applying, knowledge of English, an understanding
of the American form of government, good moral character and an
attachment to the principles of the Constitution.

Remember the first naturalization act passed in 1790 stated "any common
law court of record."  Therein lies the problem in locating
naturalization papers.  A man desiring to become naturalized has his
choice of courts - Federal, state or local - and would usually apply to
the nearest one.  He may file his "first papers" in a court in or near
the port of arrival and then file his final papers in a court at his
then residence.

For naturalizations before 27 September 1906, you must determine in
which court the process took place and then contact the clerk of that
particular court for the records.  These original records may be indexed
by the name of the alien or by the naturalization certificate number.
The courts kept dockets of records so the minute books or journals for
the court proceedings should be searched.  Naturalization papers may
also be among the "loose papers" of the court.  You will need to know
the approximate date the process took place before beginning your
search.

Some of these records may have been transferred to a central depository
such as the State Archives, State Library, Historical Society, or
Federal Archives and Records Center serving that state.  If the records
are not in the court, then contact the appropriate depository as
indicated by the court clerk.  Most records in the Federal District
Courts before 1906 have been transferred to the Federal Archives and
Records Center serving the state and are available for public
inspection.  After 27 September 1906 again contact the clerk of the
particular court of interest, the Federal Archives and Records Center -
OR- the Immigration and Naturalizaion Service.  Duplicate records of all
naturalizations after that date are sent to the INS and indexed while
the original records remain in the court.  A request for a search for a
naturalization record to the District Office (since 1 April 1956) of the
INS on the form provided by them, will result in the pertinent
information being abstracted and sent in reply.  Of primary importance
will be the date and name of the court involved.

Closed files of the INS are transferred to the regional Archives
Branches for storage.  Some of these files may be confidential and only
used for legitimate purposes.  A court order may be necessary to obtain
information from these files.  Uncertified copies of naturalization
records may be obtained from the clerk of the particular court without
restriction, but if problems arise, politely refer the clerk to the INS
directive of 5 December 1972, giving access to the records.

The bulk of naturalization work was and still is done in the state,
county, and local courts.  Since 1906, it has been obligatory for
Federal courts to naturalize aliens - all other courts have an option
whether to or not.  This may explain time gaps in the naturalization
records of some courts.

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