Part One of this two-part article (NYG&B Newsletter, Fall 1999) examined New York State Supreme Court of New York County naturalization records in the New York County Clerk's Office/Division of Old Records, 1907-1924, the court's most active naturalization period.
Now, in Part Two, we'll go back in time before 1907, to look at the Division of Old Record's Supreme Court naturalization holdings from the colonial period through 1906.
Naturalizations in the Supreme Court of Judicature
The Supreme Court of Judicature was established on May 6, 1691, by the New York Assembly. Few naturalization records from this court exist, and, in the Division of Old Records, they are found in minute books. These books are available from October 1691 through May 1847 (with gaps) and document the day-to-day activities of the court. Records of naturalizations can be found scattered among the court's civil and criminal proceedings.
During the colonial period, a person might naturalize to own ships or property and pass that property to heirs. The land of a non-naturalized alien would, upon his death, revert to the Crown. "Until 1913, a person had to file a declaration of intention to own land," Bruce Abrams, Archivist at the Division of Old Records, explains.
A Naturalization Recorded in a Supreme Court Minute Book
The minute book, October 21, 1766-January 21, 1769, includes this proceeding for Friday, April 24, 1767:
"William Britt and John Enters of the Manor of Philipsborough in the County of Westchester Farmers Members of the Reformed Protestant Dutch Church, Henry Detloff Carman, George Stuber Taylor of the City of New York and George Man of Orange County Farmer-Members of the Ancient Lutheran Church in the City of New York having resided in this Province for the space of Seven Years and upwards, and received the Sacrament during the present Month of April, appeared in Open Court, and were Naturalized by taking and Subscribing the Oaths and repeating and Subscribing the Declaration pursuant to the Directions of the Act of Parliament of the 13th George the Second in that Case made and Provided."
Finding Aids for Minute Books
"Some minute books have indexes, but not many," Bruce Abrams says. Kenneth Scott and Kenn Stryker-Rodda's book, Denizations, Naturalizations, and Oaths of Allegiance in Colonial New York (Baltimore: Genealogical Publishing Co., 1975) names 188 individuals naturalized in the Supreme Court between 1750 and 1776. How many other naturalizations are in the minute books is unknown.
1868-1895 Naturalizations in the New York State Supreme Court, New York County
In 1846, New York State's court system was reorganized. The Supreme Court of Judicature was replaced by the New York State Supreme Court. In October 1868, possibly to increase the number of qualified voters for the impending presidential election, the Supreme Court processed a large group of naturalizations. A few naturalizations may have been processed in the 1870s and 1880s as well. For example, on April 7, 1880, "Josefa Watjen, wife of Louis," was naturalized in the Supreme Court. Otherwise, while New York County's Superior Court and Court of Common Pleas continued naturalizing new United States citizens, the Supreme Court abandoned the practice until 1896.
An 1868 Supreme Court naturalization record is usually just one page. With few exceptions, there are no separate declarations of intention. The record typically includes only date of naturalization; applicant's name, address, and signature or mark; applicant's declaration (a signed oath); witness's affidavit, address, and signature or mark; and the clerk's signature.
The Search for an 1868 Naturalization Record
The federally-funded Alphabetical Index to Naturalization Petitions Filed in State Courts in New York, 1792-1906, consists of index cards for citizens who naturalized in New York County's Mayor's Court/Court of Common Pleas, Superior Court, and Supreme Court. The index is on microfilm at the Division of Old Records. (For a second 1792-1906 index, see below.)
"In most instances," Bruce Abrams explains, "The index cards contain all the information on the actual 1868 records."
According to Henry Aikens' index card, he was naturalized in the Supreme Court, New York County, on October 8, 1868 and lived at 176 Prince St. His witness was James Goff, 132 Wooster St. The index card box for "Former Nationality" says "See other side," but the other side of the card was not microfilmed. Bruce Abrams explains, "In 95% of the cases I've seen, the person was British or Irish, and 'The United Kingdom of Great Britain and Ireland' was too much to write into the little space for nationality on the front of the card. So the clerks wrote it on the back, where there was more room."
Henry Aikens' complete naturalization file is in bundle number 1, record number 10. Perhaps the court clerk in 1868 had no Supreme Court letterhead, as he used a form from the Superior Court of the City of New York; the word "Superior" is crossed out and "Supreme" written in. There are three parts to this one-page record. Each part is dated 8 October 1868 and illustrates the composition of naturalizations of this time:
-
Affidavit of Witness. James Goff states his name and address, and his knowledge of the applicant's length of residency in the U.S. for five years and in New York State for one year, his good moral character, adherence to the Constitution, and intention to become a citizen.
-
Declaration of Intention. Henry Aikens gives his address, confirms his residency, and declares his intention to become a citizen.
-
Renunciation and Oath of Allegiance. Henry Aikens renounces allegiance to any foreign government or leader. Next is his oath of allegiance to the United States. Until 1906, there was no federally-authorized oath of allegiance, just as there were no federally-mandated naturalization forms. Oaths could vary from court to court.
"I, Henry Aikens, solemnly swear, that I will support the Constitution of the United States; and that I do absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign Prince, Potentate, State or Sovereignty whatever; and particularly to the Queen of the United Kingdom of Great Britain and Ireland, of whom I was before a subject."
Finding Aids for 1868 Supreme Court Naturalizations
There are two indexes of the names of citizens naturalized in 1868. Both cover naturalizations from 1792-1906, known as "Old Law" naturalizations. As noted above, one index, at the Division of Old Records, is alphabetical and contains only state courts in New York County, including the Supreme Court. The other index is soundexed and covers all New York City city, state, and federal courts The latter index is not available at the Division of Old Records but can be readily found elsewhere (see lists of films at the end of this article).
If you're unsure of the spelling of an ancestor's name or think the person naturalized in a federal court, check the soundex index before you search for a naturalization at the Division of Old Records.
1896-1906 Naturalizations in the New York State Supreme Court, New York County
In 1895, the New York County Superior Court and Court of Common Pleas merged into the New York State Supreme Court of New York County. Once again, naturalizations took place in the Supreme Court.
It is a common misconception that naturalizations processed after the Bureau of Immigration and Naturalization was created in 1906 are the earliest naturalizations to contain much information of genealogical value.
Happily, this is untrue. Naturalizations processed in the Supreme Court from 1896-1906 can offer much material of interest to the family researcher. Sometimes a judge's transcribed examination of an applicant or witness can contain facts not in the declaration or petition and rare insights into an ancestor's personality. Attachments (documents added) to naturalization files, especially a request years later from the applicant for a copy of the naturalization, can provide additional details about the person's residence, occupation, spouse, and children.
Declarations of intention and petitions from 1896-1906 typically contain the following personal information:
-
Applicant's name, age, residence, occupation, birthplace (city and/or country), date of arrival in the U.S. (month, day, year)
-
Number of years resident in the State of New York and the U.S.
-
Witness's name, occupation, residence, and business address, and where he met the applicant
-
Signatures of applicant, witness, and clerk
A Note About Declarations
Beginning in 1896 (with a few exceptions dating back to the end of 1895), declarations were separate documents from naturalization petitions in Supreme Court files. An applicant who filed a naturalization petition in one county could have filed a declaration of intention in another county or state. The applicant was given a copy of the declaration which he was to present to the court clerk at the time he filed his naturalization petition.
No matter where it was originally processed, a copy of the declaration should be filed with the petition. A copy of the declaration should also be on file in the court where it was originally processed. A declaration from a locality different from that in which the naturalization was finalized can lead the researcher back in time to other places.
On September 10, 1906, C.W. Linnquist, a tailor from Stregnis, Sweden, was naturalized in the New York State Supreme Court of New York County. In his New York County naturalization file is the declaration of intention he filed in Ramsey County, Minnesota, in 1888, 18 years earlier.
Chronology of a 1896-1906 Naturalization
According to his card in the alphabetical index to 1792-1906 naturalizations, pictured below, John Ziller, a German stableman living at 180 E. Houston St., was naturalized in the Supreme Court of New York County on April 27, 1899, bundle 112, record 93. He had arrived in the United States May 31, 1893. His witness was Charley Stanberger (incorrectly Stauberger on the index card), a box maker, of 114 Ludlow St.
Ziller's naturalization file contains the elements typically found in a 1896-1906 record, a three-step process:
-
May 6, 1896, Applicant's Declaration of Intention filed in Circuit Court. John Ziller's one-page declaration was filed May 6, 1896 in the Circuit Court of the United States for the Southern District of New York-a federal court. John Ziller of 53 Greenwich St., City of New York, "deposes and says" that he was born in Germany in 1868, arrived at the port of New York "on or about the 30th day of May A.D. 1893, that it is bona fide his intention to become a Citizen of the United States, and to renounce forever all allegiance and fidelity to any foreign Prince, Potentate, State or Sovereignty whatever, and particularly to the Emperor of Germany of whom he is at this time a Subject."
-
April 12, 1899, Applicant's Naturalization Petition filed in Supreme Court. Almost three years later, applicant John Ziller and his witness Charles Stanberger appear in the Supreme Court. They supply information for the following documents:
-
Applicant's Naturalization Petition. John Ziller's petition includes his name, occupation of stableman, birthplace Wurtemburg, Germany, and date of arrival in the United States of "31 May 1893 at New York." He has lived in the U.S. over five years and in the State of New York five years. He is 31 years of age and resides at 180 Houston in the City of New York. He "intends to summon Chas. Stanberger who resides at No. 164 Ludlow Street in the City of New York, as a witness as to his qualifications for citizenship." He is sworn and signs a statement that he is the petitioner and that the contents of the petition are true.
-
Witness's Affidavit. The same day, Charles Stanberger submits his affidavit and states that he lives at 164 Ludlow, is a box maker, and is in business at 134 Thompson St. in the City of New York, that he is a U.S. citizen, well acquainted with the applicant, who has lived in the U.S. for the continuous term of five years and within the State of New York for one year, that "he has behaved as a man of good moral character, attached to the principles of the Constitution of the United States and well disposed to the good order and happiness of the same."
-
Certificate of Petition Pending. The certificate shown below, with its seal, elaborate border, and elegant script, could be mistaken for the naturalization certificate presented to a newly-naturalized U.S. citizen. But this certificate served to confirm that the applicant had completed all the requirements in the naturalization process up to the final appearance. Shown on the certificate are date of receipt of notice (April 12, 1899), date of hearing of petition (not entered, but it was also April 12), John Ziller's name, age, occupation, address, name of the court, clerk's signature, date of posting (April 15), and return day (April 27) — the third and final part of the process.
-
-
Date of Return, April 27, 1899, Supreme Court. Two weeks later, the return day on the Certificate of Petition Pending, John Ziller and Charles Stanberger again appear in the Supreme Court. If all goes well, John Ziller will take his oath of citizenship that day and leave the building a naturalized citizen. The following documents are issued:
-
Witness's Affidavit. "IN THE MATTER OF THE APPLICATION OF John Ziller By occupation a Stableman to be admitted a citizen of the United States of America. Applicant arrived in U.S. May 31 1893. Witness became acquainted with applicant July 1893.
"Charley Stanberger being duly sworn, says, that he resides at No. 164 Ludlow Street in the City of New York; that he is a box maker by occupation and that he is well acquainted with the above-named applicant." He again affirms John Ziller's residency, his good moral character, and attachment to the principles of the Constitution. A Special Deputy to the Clerk of the Court signs and dates the affidavit 27 April 1899. -
Applicant's Oath. On the same page as the witness's affidavit, John Ziller again swears to support the Constitution of the United States and renounces allegiance to any other government or leader, "particularly to the Emperor of Germany of whom I was before a subject.
-
Examinations of Applicant and Witness. In these interviews, the Presiding Justice of the Supreme Court typically asked the applicant his name, place of origin, immigration date, occupation, length of residency (revealing, sometimes, other places of residence in the U.S. besides New York State), and questions about the government and leaders of the United States. The witness was asked his name, occupation, the length of time he had known the applicant, knowledge of the applicant's length of residency, character, and loyalty to the Constitution of the United States. The examinations were recorded by the court stenographer.
In addition to the personal questions, John Ziller was asked the name of the chief officer of the United States government (President McKinley); who makes the laws for New York State (legislature); and the name of the chief officer of New York State (Governor Roosevelt). -
Judgment of the Court & Oath of Citizenship. John Ziller's answers to his examination and his documentation have been satisfactory to the court. The file concludes: "The judgment of the court is that John Ziller, the applicant, be admitted as a citizen of the United States of America." He again swears to support the Constitution of the United States and "renounce allegiance to every Prince, Potentate, State and Sovereignty whatever."
-
John Ziller is issued a naturalization certificate and his naturalization process is complete.
Examinations of Applicants and Witnesses, 1896-1906
Some examinations can be detailed, informative, even amusing. Roger A. Pryor, the first presiding judge, obviously took an interest in the people appearing before him. His long examinations of naturalization applicants' and witnesses' views, preferences, knowledge, and lives make surprisingly good reading.
One of the first people to be naturalized in the Supreme Court in 1896 was William Ashton, a coachman from North Marston, England. In an 8-page examination Ashton is asked personal questions and a staggeringly complex group of questions about the U.S. Constitution, court system, and government. When asked his age, he replies not only with his age in years, but also with his birthdate of February 6-information not in his declaration or petition. We learn that he lived "a little while" in Connecticut and that he is unmarried, information also not in his declaration or petition.
After admonishing Mr. Ashton to "try and make yourself more familiar with the principles of the Constitution," Judge Pryor admits the applicant to citizenship. It's easy to imagine a dazed, relieved, and elated William Ashton, new citizen of the United States, gratefully escaping the Supreme Court.
Here are some excerpts from other examinations conducted by Judge Pryor:
On the same day William Ashton was questioned in depth, another applicant, Gustave Bauer, lost no naturalization points for incorrect answers. The bookkeeper from Vienna was asked by Judge Pryor if he knew what the Declaration of Independence was. He replied:
A. Yes sir. It is a declaration of independence against England.
Q. Do you happen to know who wrote it?
A. No sir.
Q. Do you know who was the first President of the United States?
A. George Washington.
Q. Do you know where he was born?
A. Mt. Vernon, Ohio
BY THE COURT: You must not rob Virginia of that right.
On January 20, 1896, Judge Pryor questioned Irish coachman Hugh W. Best:
Q. Have you heard of Andrew Jackson?
A. Yes sir.
Q. What was he?
A. A President of the United States.
Q. You remember the great battle he fought and licked the English badly?
A. Yes sir, Battle of New Orleans.
On January 15, 1896, Judge Pryor had his interview skills tested when he examined Richard McGuckin, witness for the applicant Joseph Berryman.
Q. How long, to your knowledge, has this Joseph Berryman been a resident in the United States?
A. Since he came here.
Q. How long ago is that?
A. Seven or eight years; he came here under age and has been here since.
Q. What year did he arrive in this country?
A. I think it was about June 15.
Attachments in Naturalization Files, 1896-1906
If you find an attachment to an ancestor's naturalization file, you may be a very happy researcher, indeed.
The file of William Ashton, the unmarried English coachman who was naturalized on January 8, 1896, contains an affidavit dated March 8, 1922, twenty-six years later. In the affidavit, William Ashton, now living at 6720 E. Fifteenth St., Philadelphia, Pennsylvania, General Organizer for the International Teamsters & Chauffeurs Union, requests a copy of his naturalization certificate from the court because he has lost the original. "He desires a duplicate so that he may use the said Certificate to obtain a passport for his wife, Hilma, who is about to go to Sweden for the purposes of visiting her relatives."
In giving information to prove that he naturalized, William Ashton states that he "voted during the past twenty-two years in the said city and State of New York; and, further, he was registered under the Selective Draft Act, in the said city and State of New York."
Among new potential avenues of research opened by this 1922 attachment are marriage records, voter registrations, WWI draft registration cards, city directories, censuses, and, perhaps, union records and records in Sweden. The approximate year he left New York City is revealed. (It is likely that Hilma Ashton had received derivative citizenship by marrying a naturalized alien and that she had no naturalization record of her own.)
Emil Deutsch was naturalized in the Supreme Court on January 20, 1896. He writes to the court on his dress manufacturing company's Manhattan letterhead on July 10, 1920, because his naturalization certificate was lost in a 1912 fire "at 61 West 14 St which destroyed the desk where I kept all my private papers."
He lists his reasons for wanting a duplicate certificate and, in doing so, gives family researchers his new place of residence and valuable family facts:
"(1) In moving my residence to Yonkers I have been requested on registering at election time to show my citizenship papers.
"(2) I have received notice of the death of a sister in Vienna and in settling the estate got possession of the small legacy it is necessary to establish the proof of my United States Citizenship . . ."
This letter helps the researcher locate Emil Deutsch after the 1920 federal census. Knowing about his sister's approximate death date and location and his inheritance suggest research avenues overseas.
Other Naturalization Records, 1896-1906
Petitions Denied, January 8, 1896 - September 1906
John Ronayne, seaman, born in County Waterford, Ireland, a resident of 349 West 50th St., New York City, had lived in the U.S. and in the State of New York for five years and was 23 years of age, as of October 21, 1902, when he filed his naturalization petition in the Supreme Court. He had arrived in the United States on September 17, 1897, and was barely off the boat when he filed his declaration of intention to become a citizen on September 30, 1897 in the New York State Supreme Court of New York County. Five years later, he filed his naturalization petition in the same court. But his application was denied. Why?
"Don't expect to find the reason why citizenship was denied. Reasons were not included in the files," Bruce Abrams cautions researchers. There is evidence that records containing the reasons once existed, but those records are now missing and evidently destroyed.
Between 1896 and 1906, John Ronayne was among 4670 petitioners in the Supreme Court of New York County who were denied citizenship. Even though John Ronayne didn't become a citizen, at least at this time, he had completed all but the last step of the naturalization process. So his file tells us all we could hope to learn from any naturalization record containing a declaration and petition in this era. Only the return date examinations, oaths, and admission to citizenship are not in John Ronayne's file.
If you do find this kind of record for an ancestor, remember that he or she may have tried again and successfully naturalized later. Be sure to check all available indexes.
Finding Aids for Petitions Denied: A separate alphabetical index of the names of denied applicants was created by the WPA. The index cards, in four file drawers in the Division of Old Records, usually contain little information: name, record number, address, and age of the applicant, and are not representative of the wealth of information in the file.
Declaration Libers: Germany, Great Britain, Italy, 1895-1906
Supreme Court declarations issued 1896-1906 and certain declarations issued in the last two months of 1895 were filed in two places — with the petitions, but also on their own in bound geographical volumes. Declarations were organized four per page in volumes grouped as follows:
Germany: Nov 1, 1895 - Sept 26, 1906
Great Britain: Jan 2, 1896 - Sept 26, 1906
Italy: Feb 4, 1897 - Sept 26, 1906
Declarations from applicants who were Irish and Canadian are included in the volumes for Great Britain. Volumes for Germany include declarations of applicants from such localities as Central and Eastern Europe and South America. Pre-February 4, 1897, declarations for Italian applicants are in the volumes for Germany.
Declarations contain an applicant's address and date of arrival, as well as country of origin. Here is a typical record from Declarations of Intention, Italy, liber of records February 4, 1897-November 9, 1897:
Finding Aids for Declaration Libers. No global index exists for these declarations. Each of the volumes contains its own separate chronological index grouped by first letter of the applicant's surname. Unless you know the approximate date a declaration was filed, these records are, to say the least, time-consuming to search. However, if you haven't been able to locate a naturalization record for an ancestor any other way, or know that an ancestor filed a declaration and never completed the naturalization process, you may be rewarded by searching these volumes.
Petition Registers, 1897-1906
There are four large registers or ledgers titled Petitions, New York Supreme Court, covering the court's proceedings, January 5, 1897-September 1906. Entries in these books, currently not microfilmed and only available at the Division of Old Records, were made when an applicant filed the naturalization petition, the penultimate stage of the naturalization process. The one-line entries across two large pages were made in chronological order by first letter of the applicant's surname. Entries include the applicant's name, month and year of arrival in the U.S., nationality, residence, witness's name, residence of witness, and date of return. The date of return is usually the same as the date of naturalization found in the card index and on the naturalization file cover.
The registers appear to be logs of all persons who filed petitions, including applicants who were later granted or denied citizenship. The volumes are the only chronological record of both types of applicants.
Successful applicant John Ziller's entry can be found in the first register "Petitions New York Supreme Court, 1897 to July 18, 1900" (first page shown below). An entry for John Ronayne, whose naturalization was denied, can be found in the register dated July 1, 1900 to May 19, 1903.
The researcher can use these registers to see if family members were naturalized together. If an ancestor's naturalization cannot be located through an index card, it's possible that the record can be found by using these books to obtain the date of return, then searching for the naturalization files around that date, typically filed and microfilmed in chronological order.
Access to Records
Researching Onsite and Via Mail Order
The New York County Clerk's Office/Division of Old Records is located at 31 Chambers St., Rm. 703, New York, NY 10007. Phone: 212-374-4376; fax: 212-608-7543. Hours: 9 a.m.-5 p.m., Tuesdays and Thursdays only. Other days by appointment. To request a naturalization record by mail, include the applicant's name, approximate dates of arrival and naturalization, and age, a SASE, and a money order for $10 for each search. Your money will not be returned if no record is found.
Please note that while researchers are welcome to search minute books, registers, and declaration libers onsite, the Division of Old Records archivists will not do this type of search via mail order.
Copies of indexes and records available outside the Division of Old Records
- The Family History Library, Salt Lake City - search catalog for first film no. in each series or under NEW YORK-NEW YORK-NATURALIZATION AND CITIZENSHIP (online):
- Minute books, N.Y. Supreme Court (N.Y. County), 1704-1847. 19 reels. First FHL Film #1018632; last #1018650.
- Index (Soundex) to naturalization records: 1792-1906. Federal, state and local courts in New York, Kings, Queens and Richmond counties. 294 reels. First FHL Film #1419807; last #1487353. (Same as National Archives M1674, below)
- Naturalization records, 1792-1906; index, 1792-1906. Includes Court of Common Pleas, Superior Court, and Supreme Court (N.Y. County). 2167 reels. Alphabetical index: first FHL Film #1001979; last #1002418. Supreme Court records: first FHL Film #977320; last #981340.
- Card index to naturalization petitions, 1876-1924, N.Y. Supreme Court (N.Y. County). Contains index Denials of Citizenship. N.Y. Supreme Court 1896-1906. 3 reels. FHL Films #1522831-1522833.
- Declarations of Intention, Germany, N.Y. Supreme Court (N.Y. County), 1895-1906, Volumes 1-57. 23 reels. First FHL Film #954049; last #954071.
- Declarations of Intention, Great Britain, N.Y. Supreme Court (N.Y. County), 1896-1906, Volumes 1-21. 9 reels. First FHL Film #954647; last #954655.
- Declarations of Intention, Italy, N.Y. Supreme Court (N.Y. County), 1897-1906, Volumes 1-6. 9 reels. First FHL Film #954657; last #954902.
- National Archives Northeast Region, New York, N.Y.
- M1674. Soundex Index to Petitions for Naturalizations filed in Federal, State and Local Courts located in New York City 1792-1906. 294 reels. Contains index cards for applicants accepted and denied. (This index also at NYPL, call no. *ZI-538 in the U.S. History, Local History and Genealogy Division.)
- Record Group 85 (part). Photostats of naturalization records in the Supreme Court of New York County, 1868-1906. Contains available declarations, petitions, and files of petitions denied.
For a historical chronology of naturalization requirements and legislation, visit the Immigration and Naturalization Service website.
by Leslie Corn, MA
Originally published in The NYG&B Newsletter, Winter 2000
© 2011 The New York Genealogical and Biographical Society
All rights reserved.