Throughout the 19th and early 20th centuries, the state circuit courts usually administered the naturalization process, which was established by federal law. In Waukesha, the county circuit court also handled naturalization cases. In almost all cases, the applicants for naturalization were men. From 1855 to the Married Woman’s Act of 1922, citizenship was automatically conferred on the wife of any male citizen. Many people filed only a declaration of intention, because, according to the Wisconsin constitution, it was all they needed in order to vote. Three types of records document the naturalization process: Declarations of Intention – Petitions – Certificates of Naturalization
Declarations of Intention
Initially, the alien resident files a declaration of intention, also commonly known as first papers, with an authorized court. This document indicates their intention to become a citizen, to renounce all allegiance to any foreign state, and to renounce any foreign title or order of nobility. At least two years after making the declaration (after 1906, no more than seven years later), an alien who had been a resident of the United States for at least five years could petition the court for admission to citizenship.
The names of the applicant and the foreign ruler whose allegiance was renounced and the date are always shown. Declarations also typically include some or all of the following information: age or birthplace; place of birth; date and place of entry into the United States; applicant’s oath; and affidavits of two witnesses who attested to the applicant’s residency and good character.
Petitions
Petitions, which were often called petitions and oaths, petitions and records, or second papers, documented the second step in the naturalization process. After serving the required period of residency, the applicant petitioned the court for admission to citizenship. The court then issued a certificate of naturalization.
The petition consisted of the applicant’s petition to the court, an oath of allegiance, and affidavits of two witnesses attesting to the petitioner’s good character and residency. The petition may also include the order of the court admitting the applicant to citizenship, especially for records filed after 1902. The exact content of petitions filed before September 1906 depended on the record keeping at the court, and on the date. The courts always recorded the name and oath of the petitioner, date of the petition, names of witnesses and sovereignty renounced. Petitions also typically included some or all of the following information: age or birthdate, date and place of entry into the United States, and date and place of filing of the declaration of intention.
After 1906, the Immigration and Naturalization Service (INS) adopted new petition forms for general use. The new forms contained the following information: petitioner’s name; residence; occupation; date and place of birth; date and place of emigration; date, place, and vessel or other conveyance into the United States; period of residency; place, date, and name of court where the declaration of intent was made; marital status; spouse’s name, birthdate, and place of residency; and names, dates and places of birth, and residency of the petitioner’s children.
Additional data was added to the petition forms after 1906. In 1910, the court order was altered to show denials of admission or continuations granted in the proceedings. The size of the form was greatly reduced in 1929. The information remained the same except that the place and date of the applicant’s marriage was added, and the court order section was deleted and transferred to another document. The witnesses’ affidavits listed their names, occupations, and places of residence. The court order showed the name of petitioner and date of the admission to citizenship. At the time of naturalization, a petitioner was allowed to change their name, which was documented in the court order. A copy of the declaration of intention and a certificate of arrival often were attached to the petition.
Certificates of Naturalization
Certificates of naturalization, often called final papers, were issued to newly naturalized citizens as evidence of their status. Prior to 1907, standardized forms were not used, and few courts retained copies of the certificates. Copies which have survived were preprinted forms in bound volumes. Typically, they repeated most of the information found in the petition. After September 1906, the INS issued serially numbered, two-part certificates. One copy went to the new citizen, and the second to the INS. The local courts retained only the certificate stub books from which the forms were separated. The stub books record the new citizen’s name; date; name of issuing court; number of the declaration; volume and number of the petition; date of the court order; and the names, ages, and places of residency of the spouse and minor children.
Naturalization papers that are available in the Waukesha County Museum Research Center include:
- Declarations of Intention 1847-1954
- Petitions 1906-1955
- Certificates of Naturalization 1847-1906
Please contact the Research Center staff to access materials at [email protected] or 262.521.2859 ext. 225
