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| Hamilton County Courthouse, McLeansboro, IL |
Neff, Lea. Abstracts of Wills Hamilton County, Illinois, 1821-1915, Wayne City, IL: Family Ties, 1986.
Page 14 - Samuel M. Butler of Dahlgren, Will Box #1, File #134, written 10/5/1888, age 69, witnesses: A.M. Grigg, W.W. Hunter, no date of death, filed, 12/31/1888, real estate & personal property, Exe. wife Mary J. Butler. Heirs: son Charles W. Butler, daughter Mary Wisler
Page 32 - William W. Fitzgarrold of McLeansboro, Will Box #1, File #141, written 11/17/1890 age 63, wit: Herman Vorderbruggen, George W. Gross, Ed. H. Bowen all of McLeansboro, died 11/26/1890, filed 11/28/1890, real estate in Witchata, [Wichita?] KS & personal property, Exe. son Jerry Miah F. Fitzgarrold. Heirs: son William Anderson Fitzgarrold, dau: Rebecka Ellen Fitzgarrold, Celista Jane (Fitzgarrold) Bond, grandsons: John Acker Fitzgarrold, William Thomas Fitzgarrold, granddau: Elizabeth Jane Fitzgarrold, Amy Adaline Fitzgarrold
Page 34 - Louisa Jane Garrison of Dahlgren, probate section B, Box #66, FIle #20, written 11/22/1905, wit: H.M. Echols, J.H. Voliva, L. Auxier, died 5/24/1907, filed 5/24/1907, real estate & personal property, ex: Elias Chalon Williamson, heirs: son Ambrose Maulding & his heirs, no relation given: Sidney Wilson Irwin, Elias Chalon Williamson
Page 45 - John Hopkins, Probate Section B, Box #1, File #14, date: 9/10/1834, wit: Robert Vanderventer, Mason Morris, filed: 9/25/1834, real estate & personal property, ex: Benjamine Hood. Heirs: wife (not named), sons: Carlyle Clinton Hopkins, John F.S. Hopkins, dau: Hesteran R. Maulding, no relation: John White
Page 69 - Ambrose Maulding, Probate Section B, Box #1, File #10, date: 4/5/1831, wit: John Davenport, Otho Davenport, filed 9/12/1833, real estate & personal property. ex: Enis Maulding, Otho Davenport. Heirs: wife Mary Maulding, sons: Laborn Maulding, Alexander Maulding, Enis Maulding, dau: Isabella Maulding, Sary Maulding, Rachel Maulding.
Page 73 - Hiram Montray, Will Box #1, File #43, date 11/12/1860, wit: C. Crouch, W.S.A. Cox, W.F. Scott, filed 3/19/1861, real estate & personal property, adm: Thomas F Scudamore, Rebecca Montray. Heirs: wife Rebecca Montray, nephews: Hiram Montray Crouch s/o Cloyd & Eliza [(Medley)] Crouch, Hiram Leslie Maulding s/o James A. [& Sara (Scudamore)] Maulding. Others: William Hiram Buck s/o John T. Buck; Anna Scudamore d/o Thomas F. & Caroline M. [(Baker)] Scudamore & her heirs
Page 76 - Henry Parkhill of Shelton Precinct, Probate Section B, Box #41, File #7, date: 2/12/1885 age 40, wit: J.M. Crisel, Alonzo Parkhill of Dahlgren, died: 3/11/1885, filed, 3/17/1885, real estate & personal property, ex: Dr. W. Vincent Parkhill. Heirs: minor children Ceodora B. Parkhill, Elbert M. Parkhill.
Pages 106-107 - Dr. Adam A. Wolfe, Will Box #1, File #135, date: 3/8/1889 at a mature age, wit: William Oliver, Isaac R. McElvain, died: 3/10/1889, filed 4/8/1889, real estate in White, Saline & Hamilton counties, personal property, ex: not given. Heirs: dau: Mary C. Burton, Sarah M. Bozarth, Susan V. Morris, son: John M. Wolfe, William W. Wolfe (deceased), son-in-law: Guy Morris, Others: Rosetta Hardesty, William Watters & Company
Newman, John. American Naturalization Processes & Procedures 1790-1985, Indianapolis, IN: Indiana Historical Society, 1985.
Page 1 - Section 1 of the basic naturalization act of the nineteenth century provided "That he shall have declared . . . that it was, bona fide, his intention to become a citizen of the United States. . . " Section 2 repeated the registry requirement of the 1798 law and enlarged it to state:
In addition to the directions aforesaid, all free white persons, being aliens, who may arrive in the United States after the passage of this act [April 14, 1802], shall, in order to become citizens of the United States, make registry, and obtain certificates, in the following manner to wit: every person desirous of being naturalized shall . . . make report of himself . . . to the clerk of the district court where such alien or aliens shall arrive, or to some othe rcourt of record . . . and such report shall ascertain the name, birthplace, age, nation and allegiance of each alien, together with the country whence he or she migrated, and the place of his or her intended settlement: and it shall be the duty of the clerk . . . to record the same . . . and to grant . . . whenever he shall be required, a certificate . . . of such report and registry . . .
The act of March 22, 1816, mandated:
The certificate of report and registry, required as evidence of the time of arrival in the United States . . . and also a cerificate . . . of the declaration of intention . . . shall be exhibited by every alien on his application to be admitted a citizen of the United States.
Page 3 - For many Atlantic states' courts, the registry was separate from the declaration of intention. [Various courts created Alien Registers, see National Archives and other court holdings.] . . . Certificates of both the registry and declaration were issued when an alien moved. . . . . [if] issued between 1798-1828, the genealogist should review [state] court records and seek the corresponding report and registry record.
The registry requirement of the 1802 law and its amendmnets were repealed by an act of May 24, 1828, but by the late 1820s, especially for non-coastal courts, the registry and declaration frequently were united as one document. . . . Researchers should examine records of the courts at port of entry or of different courts surroundign the one where the declaration was filed. Remember, the law required that both a registry and declaration had to be filed and recorded before granting a naturalization petition.
The naturalization process required five distinct procedures:
- Report & Registry of Aliens, 1798-1828, separate from or combined with
- Declaration of Intention
- Petition for Naturalization
- Order of court granting citizenship, based upon the petition & oath of allegiance
- Certificate of Naturalization
The first step did not always occur at the same time or in the same court as did the filing of the declaration. The descriptive contents of the declaration varied extensively. Some courts created ledges for "final papers" or granted petitions. The court's order always was recorded in the court's proceedings, or official records, as a minute or order book. . . .
Page 5 - Congress, in 1790, 1795 and 1802 required naturalization to occur in a court of record, that is "having common law jurisdiction, and a seal and clerk or prothonotary." The 1906, 1940 and 1952 acts continued this practice, permitting any court to naturalize, "having a seal, a clerk and jurisdiction in action at law or equity, or law and equity, in which the amount in controversy is unlimited." These courts have had a variety of names, varying from state to state, as supreme, circuit, district, common pleas, chancery, probate, superior and equity. . . .
Naturalization jurisdiction was not exclusive to one court, however. Congressional statutes stated that jurisdiction shall extend only to alien residents within the judicial districts of such courts. Jurisdiction of federal district and circuit courts could be state-wide as well as could that of state Supreme Courts. . . On the county level, courts may have been created to exercise specific jurisdictions, such as civil, probate, equity or criminal proceedings. By being a court of record under interpretation of federal statute, they also naturalized. A single court may have performed several jurisdictions with separate proceedings recorde in probate minute books, chancery order books, or civil order books. One should search all of these official proceedings, created in the nineteenth century, for the court order of naturalization, especially when jurisdictions overlapped.
What is a court of record then? Its proceedings are enrolled as a perpetual memorial; it has common law jurisdiction, a seal and a clerk. All four elements are necessary for a court to confer citizenship. The 1906 law narrowed the interpretation of jurisdiction to courts exercising unlimited civil jurisdiction, adding that the amount in controversy is unlimited.
Various citizenship records of the nineteenth century show that more courts were naturalizing than should. . . .
Page 6 - . . . After the 1906 act took effect, however, fewer courts than were needed were naturalizing. . . .
Thus one should be prepared to interpret the concept of "court of record" loosely. . . .
Beginning in 1908 the US Department of Labor began issuing A Directory of Courts Having Jurisdiction in Naturalization Proceedings. . . .
The first federal naturalization law, March 26, 1790, probably was based upon the 1779 statute of Virginia, one of seven former colonies having state naturalization laws, 1776-1790. This 1790 act required a two-year residence in the United States and one year in the state. The infividual had to be of good character and was required to make an oath to support the Constitution. His application could be filed in any common law court of record. No declaration of intent was required.
The first act was repealed and replaced by an act of January 29, 1795, which required a declaration of intention to be filed three years before admission as a citizen, residence of five years in the United States and one 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. This, with slight modification, became the cornerstone of all future naturalization proceedings.
- 1790-1922 - wife naturalized upon citizenship conferred to husband, no separate filings needed.
- 1790 - March 26 - children under 21 automatically become citizens too.
- 1798 - June 18 - 14 years residence in the country
- paperwork forwarded to U.S. Secretary of State.
- 1802 - April 14 - reverted to 1795 law and 1798 registry requirement. This statute, while amended and added to, became the naturalization code of the nineteenth century.
- 1804 - March 26 - permitted naturalization of aliens residing in US b/t June 18, 1798 & April 14, 1802 without declaration of intention
- grants naturalization to widows & minor children of deceased applicant, who had filed declaration of intent, but died before the proceeding, upon taking oath prescribed by law.
- minors who lived in US 3 years prior to age 21 + 2 years could apply without previous declaration, but required to file declaration at time of admission.
- 1813 - March 3 - required alien's residence to be continuous
- 1816 - March 22 - declaration had to be exhibited on the application for citizenship for anyone arriving after June 18, 1812.
- 1824 - May 26 - validated certificates that did not comply with the 1816 act; reduced time from declaration to naturalization from 3 years to 2.
- 1828 - May 24 - repealed
- 1855 - February 10 - any woman might lawfully be naturalized under the existing laws, married, or who shall be married to a citizen of the US shall be deemed & taken to be a citizen. (Repealed 1922)
- 1862 - July 17 - citizenship to veterans 21 years+, honorable discharge
- make petition
- 1 year residence
- no declaration of intent
- applied to Civil War, Mexican War, Indian Wars, Spanish-American War
- 1862 Homestead Act - declaration of intention necessary to purchase public land
- 1872 - June 7 - merchant marine 3 years service
- declaration of intent
- proof of discharge
- 1876 - February 1 - permitting declarations filed with the clerk.
- 1894 - July 26 - 5 years consecutive service in US Navy or Marine Corps, honorable discharge, see July 17, 1862
- 1894 - August 1 - no person (except an Indian) who is not a citizen of the US, or who has not made legal declaration of his intention to become a citizen . . . shall be enlisted in US Army during peacetime.
- 1903 - March 3 - prohibited anarchists citizenship - confusion ensued
- 1906+ - permitted declarations filed with the clerk
- wife and children biographical information becomes mandatory
- 1907 - March 2 - any American woman who married a foreigner shall take the nationality of her husband - might find born American women receiving citizenship as adults.
- 1918 - May 9 - consolidation of citizenship based on military servie
- 1922 - wives independent of husbands, 1909 above, repealed, but didn't restore citizenship.
- 1929 - March 2 - wife and children issued certificates of naturalization
- 1936 - June 25 - American women lost citizenship by marriage to foreigners
- prove she was native born
- prove loss of citizenship by marriage
- marriage had been terminated
- oath of allegiance
- State laws - California, Connecticut, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, Ohio, Pennsylvania, Rhode Island, Vermont, Washington
- Early US Naturalization Laws
These general laws also had special features for wives, widows, and children, which are discussed under derivative citizenship. . . . Naturalization acts of 1795 and 1802 required that an alien shall have declared before the proper court his intention to become a citizen. Most aliens filed this declaration with the clerk of the court rather than the court itself. The act of May 26, 1824, validated past declarations made before the clerk and not the court.
Page 8 - Report to the President of the Commission on Naturalization, 1905 - "methods of making and keeping the naturalization records in both the Federal and State courts are as various as the procedure in such cases."
The 1905 study of existing naturalization procedures, or lack thereof, was critical of requiring a declaration of intention. With the exception of Mexico, it was peculiar to the Unied States and did not appear in state or federal law until 1795. It was devised as a means of admitting an alien to citizenship step-by-step and to give him certain privileges, including the right to file a homestead claim for public lands, own real estate, and vote in certain states. During the Civil War it gave the government the right to draft those aliens. It also served as a means to verify residence, but, as the report stated, this was not necessary because "since January 1, 1900 the Bureau of Immigration has had a record of every alien lawfully admitted to the United States." . . .
The third major record found in both the nineteenth and twentieth centuries is the certificate of naturalization. . . . Prior ot September 27, 1906 the certificate was issued to the applicant. THe court's record was that entry in the official proceedings of the court found in its minute or order book. Even if a separate "Final Oath" or "Final Papers" ledger exists, there should be an entry in the proceedings. . . .
Not every ancestor went through each of the major steps for naturalization: filing a declaration of intention, filing a petition for naturalization, and receiving a certificate of naturalization based upon a judicial hearing and order.
Page 13 - The development and changes in law, policy and uniformity of procedure concerning derivative citizenship are of equal interest to the genealogist. Derivative citizenship [p. 14] is that based upon ciizenship of another or upon service the applicant performed, causing naturalization not to follow every step generally required of aliens. Naturalization proceedings, as discussed here, are those dependent on another individual, not group naturalization, as granted to residents of a territory or to blocks of people, such as American Indians or the Chinese.
Page 14 - The 1915 Annual Report of the Bureau of Naturalization estimated that there were five to a typical family, so that while only 100,000 received certificates of naturalization yearly, 400,000 more became citizens.
Page 15 - The special 1890 US census showed that there were surviving 172,573 foreign-born white veterans.
Page 16 - The Provost Marshal General, in his report of December 20, 1917, showed 123,277 foreigners in the National Army and gave a possibility of 487,713 aliens under he age of 21 as additional soldiers. Between May 9, 1918 and June 30, 1919, 192,328 aliens were so naturalized. . . The best source for information on these is to write directly to the Immigration & Naturalization Service. . . .
Indiana passed a law January 14, 1818, requiring any alien who purchased "lands, tenemens and hereditaments within the state" to have made a declaration of intention. This law was repaled and replaced by one, which as an alternative to the declaration, required that the alien "shall make an oath of affirmation in writing . . . to be recorded that he is a resident of this state," and that he would "become a citizen . . . as soon as he can be naturalized" before becoming eligible to hold title to land. This oath required recording in the recorder's office where the land was located. The act was repealed January 13, 1846, requiring from that time forward mere residence in the United States. Similar laws and additional recordings of intention may exist for other states. . . .
The thought of free land and large migration westward in the nineteenth century may force a conclusion that little was left for homesteading for aliens in the twentieth century. This is false. For the period thought to be most active for filing homestead entires, 1868-1891, 400,345 were issued. In contrast to this twenty-nine year period, for the decade of 1913-1922, 399,428 final homestead entries were made. 1913 was a peak year with 53,252 filed. . . . Genealogists should search homestead records. The National Archives has records prior to May 1, 1908 and the Bureau of Land Management after that date.
Naturalization record document the resident alien's status for other activiies, such as employment, passports, or licensing. The National Archives maintains records on federal employment and passport applications . . . States have required the filing of declarations of intention for professional licensing, and some government offices as well as the private sector have required proof of naturaliation. . . .
Page 17 - In 1941 and 1942 most states participated in a nationwide project, sponsored by the US Department of Justice, to locate and photocopy "old law" naturalization records predating September 27, 1906. All photocopies were to be deposited in Washington, DC. The project was administered by the Works Progress Administration, and its purpose was to locate and inventory each naturalization proceeding (intention, petition, and order of the court) found in separate naturalization ledgers or packets or in the various books of official proceedings of the courts. Upon completion of the inventory, a camera crew was to film or photocopy each record.
The project was completed for Maine, Massachusetts, New Hampshire, and Rhode Island, as well as for New York City. These recors are deposited in the National Archives as part of Record Group 85. Other states reflect degrees of partial completion. . . . Local workers in Indiana completed their inventories and sent them to Indianapolis, where they were typed. Upon closure of WPA in July 1942, these records were deposited in the state archives. . . .
Page 18 - How should one proceed then? Combine family knowledge with general information such as the 1830 and 1900-1910 censuses, regarding your ancestor's naturalization status. Then work to more specific records. Place your ancestor in a time and place, and use information regarding citizenship laws in effect at that time. Wha procedures, if any, were followed, especially in the courts where he or she lived? From this information deermine what forms were rquired, such as a registry, declaration of intention, cerificae of arrival, petition, oath, depositions and affadavits of witnesses, and certificates of naturalization. Consider also such special circumstances as military service, filing a homestead claim, obtaining a passport, and employment criteria. Or, if it is suspected that the ancestor voted, remember that many states required only a declaration of intention to do so. When considering courts, work from the specific to the general, from a local court and its civil proceedings to other courts whose jurisdiction overlapped, to courts of statewide jurisdiction as a state supreme or federal court. By knowing the laws, their exceptions and special handling of naturalization for those providing special situations, and by knowning the procedures in effect to implement the law, you can make the naturalization system work for you.
Roberts, Gary. The Royal Descents of 500 Immigrants to the American Colonies of the United States, Baltimore, MD: Genealogical Publishing Company, Inc. 2002.
Page 70 - John Henry line:
- James II, King of Scotland, d. 1460 md. Mary of Guelders
- Margaret Stewart md. William Crichton, 3rd Baron Crichton
- (of debated legitimacy, but certain maternity) Sir James Crichton md. Catherine Borthwick
- Margaret Crichton md. James Robertson of Muirton
- Gilbert Robertson of Muirton md. Janet Reid
- David Robertson of Muirton md. (--?--) Innes
- William Robertson of Muirton md. Isabel Petrie
- William Robertson of Gledney md. (--?--) Mitchell (parents of William & Mary Robertson, who md. Eleanor Pitcairn and William Adam respectively and grandparents of William Robertson IV, the historian, and Robert Adam, the classical architect)
- Jean Robertson md. Alexander Henry
- John Henry of VA md. Mrs. Sarah Winston Syme
- Patrick Henry, 1736-1799, revolutionary statesman and editor
Sources:
- Studies in Hereditary Ability
- Seldens of Virginia & Allied Families
- Paul, J.B. The Scots Peerage
- Gibbs, Vicary, et. al. The [New] Complete Peerage
- Dictionary of National [British] Biography
Page 99 - Alexander Magruder / McGruder line:
- Robert II, King of Scotland, d. 1390 md. 1) Elizabeth Mure
- Robert Stewart, 1st Duke of Albany md. Margaret Graham
- line 1 Marjory Stewart md Duncan Campbell, 1st Baron Campbell & line 2 Joan Stewart md. Robert Stewart, 1st Baron Lorne, brother of Sir James Stewart, the "Black Knight of Lorne," 2nd husband of Joan Beaufort, Dowager Queen of Scotland (see elsewhere)
- line 1 Hon. Archibald Campbell md. Elizabeth Somerville & line 2 John Stewart, 2nd Baron Lorne md. Agnes of the Isles
- line 1 Colin Campbell, 1st Earl of Argyll md. line 2 Isabel Stewart
- Archibald Campbell, 2nd Earl of Argyll md. Elizabeth Stewart
- Donald Campbell, Abbott of Coupar Angus
- (illegitimage, alledgedly by Margaret (--?--) Nicholas Campbell, Dean of LIsmore Cathedral md. Katherine Drummond
- Margaret Campbell md. Alexander McGruder
- Alexander Magruder / McGruder of MD md. 1) Sarah (--?--) & 2) Elizabeth (--?--)
Sources:
- Pedigrees of Some of the Emperor Charlemagne's Descendants 3:202-4
- Yearbook of the American Clan Gregor Society, 52(1978):55-65, 53(1979): 53-71 The Ancestral History of Margaret Campbell of Keithick & The MaGruder Lineage in Scotland to Magruder Family in American.
- Paul, J.B. The Scots Peerage
- Gibbs, Vicary, et. al. The [New] Complete Peerage
- Calendar of Scottish Supplications to Rome, Vol. IV, 1433-1447, p. 295, item 1192.
Schenk, Elizabeth Hubbell. The History of Fairfield, Vol. 1, Bowie, MD: Heritage Books, Inc., 1997.
Pages 399-400 - William Odell was at Concord in 1639 & was perhaps from the parish of Odell in England, from which the Rev. Peter Bulkley came. His son James was b. in 1640 at Concord, & died the next year; also dau. Rebecca b. 17 July 1642. Savage says he removed from Concord to Southhampton, Long Island in 1642 & soon after settled at Pequonnock, where he occupied a considerable land at Greenlea. He d. in 1676; the same year June 6 his will is dated, in which he gave to his son William, who had settled at Greenwich, his horses, cattle, swine & sheep & 1/3 of his movable estate; to his grand-son Samuel Morehouse, son of his dau. Rebecca, he gave all his land near Uncoway River, called Rossiter's field; 2 acres in the great meadow before the town; land in Concord field called "poor man's lot;" building-lot, pasture-lot, long lot, all his land dividends in Compo, all his housing & half of his home lot in Fairfield, out of which legacies said Samuel Morehouse was to pay to his brothers Thomas & John £5 each, when 21 years of age. To grand son John Odell, all land on the other side of the creek, & the other half of his home lot. To Jonathan Morehouse a sheep; to Goody Knap 4 yards red cloth; to daughter in law Mary Odell, his wife's red braodcloth cloak. All other remaining estate he gave to his son John Odell, and to his daughter Rebecca Morehouse. He made his son in law Samuel Morehouse, & John Odell his executors.
John, son of William Odell I, lived at Greenlea, where in 1678 he recorded a large amount of land, of which he had had quiet possession eight years. He m. Joanna dau. of Joseph Walker dec. of Stratford, & step-daughter of Richard Hubbell I. Their children were Samuel b. 10 March 1677; Hannah 20 Oct. 1679; Deborah 28 Aug. 1682 (Fairfield Town Records); & perhaps others.
John 2 son of John Odell I m. (--?--) dau. of (--?--). Their children were Anne, b. 6 March 1688; John 5 Nov. 1690; Bethiah 27 Feb. 1692; Sarah 10 Aug. 1694.
Abel Bingham the school teacher of Fairfield Village, md. Elizabeth Odell 16 May 1694 (probably the dau. of Wm. Odell). Their children were Abigail b. 7 June 1696 & perhaps others.
Zimmerman, Gary & Marion Wolfert. German Immigrants: Lists of Passengers Bound from Bremen to New York 1847-1854, Baltimore, MD: Genealogical Publishing Co., Inc., 1987
Page 26 - Dietz - name, age, residence, year, list
- A.J. (m) 19, Achenbach, 53-1086
- Anna Maria 27 Ermenroth, 51-1101
- Gustav Ferd 22 Coburg 52-0895
- Joh. Just 18 Wahlen 54-0830
- Johannes 29 Angernrode 51-0352
- Valentin 20
- Philipp 30 Karlsmuhl 52-0095
- V. 20 Angenrod 51-0517
Page 116 - Probst
- Elisabeth 34 Coburg 51-0405
- Ernst 30 Greene 54-1371
- Henrich 19 Naensen 54-1371
- Wilh. 43 Herdecke 54-0600
- Louise 36
- Wilh. 21
- Wilhelm 28 Bockenheim 53-0324
- Louise 25
Lists - year - ship - date arrived
- 1851-0352 - Bessel 4/18
- 1851-0405 - Elise 4/25
- 1851-0517 - Carl & Emma 5/14
- 1851-1101 - Adelheid 8/5
- 1852-0095 - Admiral 2/3
- 1852-0895 - Elizabeth 7/8
- 1853-0324 - Columbia 4/28
- 1853-1086 - Julia 10/24
- 1854-0600 - Catherine 5/25
- 1854-0830 - Oceanus 7/1
- 1854-1371 - Hansa 10/9
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