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Welcome
to the . . . .
Ogle County
County Court Naturalization Papers Index, 1872–1906
Compiled
by the Illinois Regional Archives Depository System,
Northern Illinois University
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About the Ogle
County Naturalization Papers (County Court) Index
The Ogle County Naturalization Papers (County
Court) Index was compiled by Barbara Heflin, Assistant Supervisor of
the Illinois Regional Archives Depository (IRAD) System. The 986
records in the database were extracted from the Ogle County
Naturalization Papers (County Court) (IRAD Accession 1/0270/01). The
original naturalization papers were processed and microfilmed by
staff of the Illinois State Archives and returned to the Ogle County
Circuit Clerk's office in Oregon, Illinois. We would like to express
special thanks to Martin Typer, Ogle County Circuit Clerk, for his
support and cooperation in this project.
Each entry found in the index contains the
following categories of information: the year folder where the
papers are filed, the name and nativity of the immigrant; the dates
of declaration and final papers. The naturalization papers found in
this index were filed in the County Court of Ogle County.
Naturalization records filed in the circuit court are not included
in this index.
The spelling of foreign names often varied. In
many cases, names were also anglicized by either the court clerk or
the immigrant. For example, the name Frederick Freitag became
Frederick Friday. Whenever possible, the signature of the
immigrant was used to determine the spelling of his name. In cases
where the immigrant was unable to write or his handwriting was
illegible, the court clerk’s spelling was used. Since court clerks
often spelled names the way they sounded, misspellings frequently
occurred. Consequently, researchers should be aware that the name of
the person for whom they are searching may have been misspelled and
they should check all possible variations of spellings of surnames
as well as the spellings of Christian names.
Naturalization Laws
The Naturalization Act of May 16, 1790, required a
two year residence in the United States and one year residence in
the state where the naturalization was granted. It also required the
individual to be of good moral character and to make an oath to
support the Constitution of the United States. [Act of March 26,
1790, 1 Stat., section 1] The petitioner could file in any court of
record and a declaration of intent was not required at that time.
The Act of 1790 was repealed by an Act of January 29, 1795, which
required a declaration of intent to be filed three (3) years before
admission as a citizen, residence in the United States for five (5)
years and one (1) in the state where naturalized, an oath of
allegiance, good moral character, renunciation of any title of
nobility, and the foreswearing of allegiance to the reigning foreign
sovereign. [Act of January 29, 1795, 1 Stat. 414, section 3] This,
with slight modification, became the cornerstone of all future
naturalization laws in the United States.
The 1795 act was supplemented and amended by one
of the most stringent naturalization laws ever enacted in the United
States, the Act of 1798, which increased the residency requirements
to fourteen years. [Act of June 18, 1798, 1 Stat. 566, section 4]
This law was repealed by the Act of April 14, 1802, which reenacted
the basic provisions of the 1790 Act. [Act of April 14, 1802, 2
Stat. 153, section 4] An Act of 1824 reduced the time between filing
a declaration of intent and naturalization from three (3) years to
two (2) years. [Act of May 24, 1824, 4 Stat. 69, section 4]
Naturalization Process
The naturalization process is basically a three
step process usually involving the creation of three types of
naturalization papers: Declaration of Intent; Petition for Final
Naturalization; and Naturalization Final Oath. A declaration of
intent declares the petitioner’s intent to become a citizen of the
United States and renounces his allegiance to his former
sovereignty. Since 1824, a declaration of intent must have been
filed at least two (2) years before a petition for final papers
could be filed. In 1889, Illinois law required in cases where an
alien, after filing his intention to become a citizen of the United
States, shall, for the space of three months after he could lawfully
do so, fail to take out his naturalization papers and complete his
naturalization, such failure shall be prima facie evidence that his
declaration of intentions was not made in good faith. [Statutes of
Illinois, In Force, July 1, 1889]
Two (2) years after filing his declaration of
intent, the petitioner could petition the court for his final papers
assuming he had fulfilled his residency requirements. Petitioners
were required to live in the United States for at least five (5)
years and in the State of Illinois for at least one (1) year. The
petition for naturalization requests that the final naturalization
papers be issued. The naturalization final oath grants citizenship.
Since naturalization records could be filed in any
court of record and a petitioner may have moved several times
between filing his/her declaration of intent and receiving his/her
final naturalization papers, these records may not have been filed
in the same location. The records are often filed in different
states; for example, the declaration of intent may have been filed
in New York and the final naturalization papers granted in Illinois.
This can make locating naturalization records difficult, especially
declarations of intent.
Derivative Citizenship
Derivative citizenship is that based upon
citizenship of another or upon some service the applicant performed,
causing naturalization not to follow every step generally required
of aliens. Persons naturalized in this manner are referred to as
derivative citizens as opposed to naturalized citizens.
Children have become citizens automatically by
naturalization of their parents since the Naturalization Act of
March 26, 1790: “children of such persons so naturalized, dwelling
within the United States, being under the age of twenty-one years at
the time of such naturalization, shall also be considered as
citizens of the United States.” [Act of March 26, 1790, 1 Stat.
103, section 1] This law and later laws permitted citizenship
automatically for children of naturalized parents. A child of a
naturalized citizen was not required to file naturalization papers
on his or her behalf.
A similar structure existed for spouses of
naturalized men. From 1790 to 1922, the wife was automatically
naturalized when citizenship was granted to her husband; a separate
filing was not required. An Act of February 1855, stated “any
woman who might lawfully be naturalized under existing laws,
married, or shall be married to a citizen of the United States,
shall be deemed and taken to be a citizen.” [Act of February 10,
1855, 10 Stat. 604, section 2] Because women were either naturalized
through their father’s citizenship or that of their husband, very
few naturalization records will be found for women before 1922. An
Act of September 22, 1922 removed marriage as a cause for
naturalization. [Act of September 22, 1922, 43 Stat. 1022, section
4] A married woman now had to be naturalized on her own.
Military Service
Special considerations regarding the
naturalization process were given to persons serving in the United
States military. An Act of July 17, 1862, permitted “any alien, of
the age of twenty-one years and upwards, who has enlisted, or may
enlist in the armies of the United States, either the regulars or
volunteer forces, and has been, or may be hereafter, honorably
discharged, shall be admitted to become a citizen of the United
States, upon his petition, without any previous declaration of
intention to become such; and he shall not be required to prove more
than one year’s residence.” [Act of July 17, 1862, 12 Stat. 597,
section 21]
Even though this legislation was used as an
inducement for aliens to enlist for service in the Civil War, it was
also applied to the Mexican, Indian and Spanish–American wars. For
military naturalization, a declaration of intent would not be filed,
but proof of residence, good moral character, and honorable
discharge were required to be recorded as part of the naturalization
petition. As with Minor’s Papers, the Discharged Soldier’s
Petition for Final Naturalization and the Final Oath were often
included on one document.
In an Act of August 1, 1894, “no person (except
an Indian) who is not a citizen of the United States, or who has not
made legal declaration of intent to become a citizen...shall be
enlisted” in the Army of the United States during time of peace.
[Act of August 2, 1894, 28 Stat. 215, section 2] An Act of May 9,
1918, provided for the immediate naturalization of alien soldiers,
eliminating the required declarations of intention, the certificate
of arrival, and proof of residence. [Act of May 9, 1918, 40 Stat.
542, section 1] The 1940 Nationality Act and later laws extended
similar privileges to soldiers serving in World War II, the Korean
War and the Viet Nam War. [Act of October 14, 1940, 54 Stat. 1137,
section 504]
Adults Who Arrived as MinorsPersons
under the age of twenty-one could not be naturalized. However,
special consideration was given to adult applicants who arrived in
the United States as minors. Applicants who arrived in the United
States as a minor under the age of twenty-one years and who resided
within the limits and under the jurisdiction of the United States,
for and during the full term of five years, including three years
previous to his arrival at the age of twenty-one years, and one year
within the state of residence could file Minor's Papers. [Act of May
26, 1824, 4 Stat. 69, section 1] Persons
filing Minor's Papers were not required to file a separate
declaration of intent. Like Military Papers, the Minor’s Petition
for Final Naturalization and the Final Oath were often included on
one document.
Content of Ogle
County Naturalization Papers (County Court)
The Ogle County naturalization papers contain:
Declarations of Intent; Petitions for Final Papers; Naturalization
Final Oaths; Minor’s Petition and Final Oath; and Soldier’s
Petition and Final Oath. These naturalization papers were filed in
the County Court in Ogle County between 1872 and 1906. Normal adult
naturalization papers usually include a declaration of intent,
petition for final papers and a naturalization final oath. Minor’s
and Soldier’s naturalization papers are usually a single document.
Declaration of Intent
Declarations of intent show the county and the
court where the declaration was filed, the name of the person
applying for citizenship, the person’s nationality, a statement
declaring his intention to become a citizen of the United States, a
renunciation of allegiance to any foreign power, the date of filing,
and the signature of the clerk of the court.
Petition for Final Papers
Petitions show the name of the county and the
court where the petition was filed; the court term; the names of the
petitioner, presiding judge and court clerk; the petitioner’s
nationality; the date of filing of the declaration of intent; a
statement of the petitioner’s intent to become a citizen of the
United States and a renunciation of allegiance to any foreign power;
a request to be admitted as a citizen of the United States; the date
of filing; and the signatures of the petitioner and court clerk.
Naturalization Final Oath
Final Oaths show the name of the county and the
court where the final oath was granted; the court term; the name of
the person becoming naturalized; the term of residence in the United
States and the State of Illinois; an affidavit from two (2)
witnesses on the petitioner’s character and residence; an oath of
allegiance to support the Constitution of the United States; a
renunciation of allegiance to any foreign power; the date of filing;
and the signature of the clerk of the court.
Minor’s Petition and Final Oath
Minor’s Papers show the name of the county and
court where the papers were filed; the court term; the names of the
petitioner, presiding judge and court clerk; the petitioner’s
nationality; a statement that he arrived in the United States 3
years preceding his arrival at the age of twenty-one and continued
to reside therein to the time of making application to be admitted
as a citizen; the term of residence in the United States and the
State of Illinois; a declaration of the petitioner’s intent to
become a citizen of the United States; a renunciation of allegiance
to any foreign power; an oath of allegiance to support the
Constitution of the United States; an affidavit from two (2)
witnesses on the petitioner’s character and residence; the date of
filing; and the signatures of the petitioner and court clerk.
How to obtain
copies of Ogle County Naturalization Papers (County Court)
Copies of the naturalization papers found in this
index may be obtained by mail or telephone. Inquiries should be made
directly to the Illinois Regional Archives Depository (IRAD) at
Northern Illinois University in DeKalb. IRAD cannot accept requests
by e-mail at this time. Call or write:
Illinois Regional Archives
Depository
c/o Regional History Center
Founders Memorial Library
Room 400
Northern Illinois University
DeKalb, IL 60115 |
Telephone: (815) 753-1807 |
Click here for more information about the IRAD
Research Policy. Visitors are always welcome to view and search
the records for themselves. The Illinois Regional Archives
Depository at Northern Illinois University is open from 9:00 a.m. to
12:00 p.m. and 1:00 p.m. to 4:30 p.m., Monday through Friday. The
depository is closed on all state holidays and any day that the
university library is closed. It is always a good idea to call ahead
before planning a visit.
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