The Naturalization Puzzle

UPDATE:  Judy Russell, The Legal Genealogist, was kind enough to answer my questions regarding the status of Elizabeth Hobrock Borgstadter's citizenship.  Scroll down and read her comments.  Thank you Judy!

I recently wrote about my 2nd great grandfather Fred Borgstadter and my quest to determine whether he became a U.S. citizen before he died in 1929.  You can read about it HERE.  Go ahead and click over and read the short post so you are up to speed and can follow along with my new puzzle.

The other day, I came across a post from Jennifer Holick who shared a story from the Los Angeles Times about a man who is trying restore his grandmother's U.S. citizenship posthumously because it was taken away from her  when she married a man who was not a U.S. citizen.

After reading the article I wondered if my 2nd great grandmother, Fred's wife,  had her U.S. citizenship restored before she died in 1932.

Here is what I know for certain:

• Elizabeth was born in Beardstown, Cass County, Illinois.
• Fred Borgstadter filed a Declaration of Intent in 1880 in Cass County, Illinois
• Fred married Elizabeth Hobrock in 1881 in Cass County, Illinois.  Fred filed his Intent the previous year but was not a U.S. citizen at this time.
• Fred and Elizabeth Borgstadter BOTH had to register as enemy aliens in 1918 in Lincoln County, Kansas.  In the previous post, I showed Fred's file.  Below is a page from Elizabeth's.

Fred Borgstadter filed a Petition for Citizenship on 12 February 1921 and on 18 May 1921 signed the Oath of Allegiance and became a U.S. Citizen.  But what about Elizabeth?

The Expatriation Act of 1907 defines the citizenship of women married to foreigners. Women assume the citizenship of their husbands, and a woman with US citizenship forfeits it if she marries a foreigner, unless he becomes naturalized.

So in 1907 Elizabeth lost her U.S. citizenship.  Can you imagine what she must have felt when that law was enacted?  By 1907 she and Fred had been married for almost 30 years, had 4 children and had moved to Lincoln County, Kansas where they were farmers and well known and respected in their community.

Ten years later in 1917 - to add insult to injury - they are both required to report to the U.S. Marshall.  They fill out a long form, are fingerprinted, have a "mug shot" taken and are issued ID cards they they must carry on their person at all times identifying them as enemy aliens of the United States.

When Fred was naturalized in 1921, Elizabeth was legally an alien also.  Was her citizenship restored to her when Fred became a citizen?  Would there be a record of that somewhere?

The 1907 Expatriation Act was repealed in 1922 by the Cable Act.  This was also known as the "Married Women's Act," and three important changes were made:

1. Women no longer naturalized through derivative citizenship, but must apply for their own citizenship. If married, she did not need a declaration.

2. Women no longer lost citizenship through marrying an alien, unless her husband was ineligible to become a citizen.

3. Women who lost their citizenship to an alien eligible could be naturalized and did not need a certificate of arrival if she had lived continuously in the US

If Elizabeth had her citizenship restored to her through this act, there would have been a court record.  Women who lost citizenship by marriage and regained it under Cable Act naturalization provisions had to take the Oath of Allegiance and file it in any naturalization court--regardless of her residence.  

The Cable Act was amended in 1931, allowing females to retain their citizenship, even after marrying "aliens ineligible for U.S. citizenship.  So was her citizenship restored to her under this act?

So the questions I am looking to answer are:

Is there a record from 1907 showing that Elizabeth's U.S. citizenship was taken away from her?  

Was her citizenship restored when Fred became a citizen in 1921?  If so then would there be a document showing that?

If  it wasn't restored when Fred became a citizen, then when and under what law was it restored to her?

Elizabeth died in 1932.  I hope that she didn't die without her U.S. Citizenship rightfully restored to her.  

Judy G. Russell said...

>>Is there a record from 1907 showing that Elizabeth's U.S. citizenship was taken away from her?

It's called "a marriage certificate." Seriously. The instant she married a non-citizen, she automatically lost her US citizenship under the Expatriation Act of 1907 (34 Stat. 1228, section 3 ("any American woman who married a foreigner shall take the nationality of her husband").

>> Was her citizenship restored when Fred became a citizen in 1921?

Yes, automatically on his naturalization. Well, not exactly restored; she was considered naturalized (so it wasn't restoring her native-born citizen status).

>> If so then would there be a document showing that?

Nothing except his naturalization certificate.

There's a wonderful two-part article in Prologue, the magazine of NARA, written by Marian Smith of USCIS on this. It starts here  and is well worth reading.

Judy G. Russell said...

Let me throw in one more wrinkle here: the actual fact is that Elizabeth never did lose her citizenship. The courts eventually decided that the 1907 act only applied to women who married after 1907. But it was an open question for a long time, many people (including courts and government officials) interpreted it as applying to any woman who ever married a non-citizen, and Fred and Elizabeth may have simply assumed that Elizabeth also had to register as an alien. But in reality, given the way the law was ultimately interpreted, the fact is she never lost her citizenship.

REDEUX: Enemy Alien in the House

My 2nd great grandfather is John Fred Borgstadter.  He was born 20 August 1853 in Germany.  One record says Hitzenhausen another says Hanover.  He came to the U.S. sometime between 1870 and 1873 depending on the record consulted. His obituary states that he came to the US in 1872.   In 1900 census states he immigrated 1872.  In 1910 census states immigrated 1871.  In 1920 census states he immigrated 1873.  Too many conflicting records - I began the hunt to straighten this out.

Searching passenger lists was becoming a nightmare.  Of course there was no one with the name Borgstadter and the number of variants was staggering.  So I decided to try another route. Fred Borgstadter married Elizabeth Hobrock on 24 March 1881 in Beardstown, Cass County, Illinois so I started a search in the Cass County courthouse.

I found a Declaration of Intent sworn out by Fred Borgstadter to become a U.S. citizen filed in the Circuit Court of Cass County located in Virginia, Illinois. It is dated 12 February 1880 and he paid a fee of 50 cents to file it.  This was the only record they had for him.

Well I knew that in the Fall of 1886, The Borgstadter family moved to Elkhorn Township, Lincoln County, Kansas.  Maybe he continued with the naturalization process in the courts there.  So you can imagine how surprised I was when I came across an index that listed Fred as an "Enemy Alien."

After World War I started, non-naturalized "Enemy Aliens" were required to register with United States authorities as a national security measure. A presidential proclamation of 16 November 1917 required all males who were natives, citizens, denizens or subjects of the German Empire age 14 and older who were within the United States to register as alien enemies. 

An act of Congress of 16 April 1918 changed the definition of “alien enemy” to include women age 14 and older,  that INCLUDED those women of American birth that were married to enemy aliens. Under the Expatriation Act of 2 March 1907, upon marriage, women acquired their husband's nationality and lost their own.

On 25 January 1918, all German aliens were given five days to register. Registration occurred at Police stations or in small towns at the Post Office. Filing first citizenship papers was not sufficient grounds for not registering.  The actual registration was conducted by various marshals, in some cases the chief of police designated by the regulations. Each “alien enemy” was issued a registration card, which he was required to have on his person at all times. The “alien enemy” also needed permission from the local registrar to travel or change place of residence. 

Well this answered my question about Fred Borgstadter's quest to become a naturalized citizen.  He filed his first papers but obviously never followed through with the process.  I'll probably never know the reason.  I can only imagine that like most of us, life happened and time got away from him.

What did it mean to be an "Enemy Alien" at that time?

When United States President Woodrow Wilson declared war, essentially two American battles broke out against Germany: one militarily in Europe and the other culturally in the United States. Twenty-six states passed laws against the use of  the German language on the streets, via telephone, or in public meetings. Libraries eliminated German materials. Public schools removed all German language instruction from their curriculum. 

Buildings, towns, streets, foods—anything considered German was stripped of its ties to the fatherland and renamed to denounce Germany. Sauerkraut became Liberty Cabbage, and frankfurters were called  hot dogs. Chicago’s Bismarck Hotel changed its name to the Hotel Randolph as a demonstration of patriotism.

Mary Elizabeth Hobrock Borgstadter

I can't begin to imagine how my 2nd great grandmother must have felt when she was told that because her husband was not a naturalized citizen, they both were considered "Enemy Aliens." It was as if she were being arrested. They took her picture and her fingerprints. Registering meant filling out an eight page form and answering personal questions asked by a complete stranger. An intimidating stranger at that - a U.S. Marshall .

Fred Borgstadter 

After I had found their names in the index, I ordered each file from NARA.  I remember being so excited for their arrival because the questions asked of the registrant would finally give me answers to the questions I had about Fred Borgstadter.  And knowing  that he that actually answered the questions himself  - icing on the cake.  I was in for a bit of a let-down.

The key questions asked of Fred:

Where and when were you born?  "Hitzenhausen, Germany  on 20 August 1853" 

When and where did you enter the United States?  "I arrived in September 1873 at the port of New York.  I do not remember the name of the ship."

What is the name of your father?    "I do not know."
What is the name of your mother? " I do not know."
Do you have any living relatives in the country of your birth?  "No."


He doesn't know who his parents were? Well it is possible he was an orphan  He doesn't remember the name of the ship that brought him to America? Although he appears to be much older than 65 (his age in 1918 - see his photo above) I don't think senility is the reason for his answers.  I thought I would have the right date and place of birth, but taking into consideration his answers for the other questions, I am not certain.  

Even though I didn't get the information I wanted from these records, they did have some priceless gems - Their photograph, their signature and their fingerprints.  How many of you can say you have your ancestor's fingerprints and they weren't convicts?  Hmmmm?

While these records are a boon to the genealogist, the bad news is that very nearly all have been destroyed. Below are a few of the remaining records:


U.S. District Court, Phoenix Division,


Fort Wayne, Allen County, Indiana


St. Paul, Minnesota

Kansas Alien Registration

San Francisco, California Alien enemy registration affidavits, 1918.

Saturday Night Fun and 16 Great Great Grands - I Got 'Em All

Randy Seaver wants us to learn about our ethnic heritage. Saturday Night Fun over at Genea-Musings is all about pedigree charts and a little bit of math this week. Here are the game rules:

Do you have a pedigree chart that shows you as #1 and goes back five generations? If not, you should make one! Fire up your software program and create a report and save it (you'll see why in am inute!).Here is your SNGF assignment for the evening (if you choose to accept it - this is not stump the genealogist or even Mission Impossible):

1) List your 16 great-grandparents in pedigree chart order. List their birth and death years and places.

2) Figure out the dominant ethnicity or nationality of each of them.

3) Calculate your ancestral ethnicity or nationality by adding them up for the 16 - 6.25% for each (obviously, this is approximate).

4) If you don't know all 16 of your great-grandparents, then do it for the last full generation you have.

5) Write your own blog post, or make a comment on Facebook or in this post.

My paternal side:

16) Gerhard BEFORT - born 10 February 1832 in Obermonjou, Russia and died 16 August 1906 in Munjor, Ellis County, Kansas. GERMAN/RUSSIAN

17) Catherina STECKLEIN - born 18 December 1836 in Gatzig, Russia and died 24 February 1911 in Munjor, Ellis County, Kansas. GERMAN/RUSSIAN

18) Johann Adam ERNST - born 1831 in Obermonjou, Russia. GERMAN/RUSSIAN

19) Anna Maria KEMPER - born 1832 in Obermonjou, Russia. GERMAN/RUSSIAN

20) Fred BORGSTADTER - born 20 August 1853 in Hitzenhausen, Germany and died 5 March 1929 in Lincoln, Lincoln County, Kansas. GERMAN

21) Mary Elizabeth HOBROCK - born 26 December 1861 in Beardstown, Cass County, Illinois and died 13 February 1932 in Lincoln, Lincoln County, Kansas. GERMAN

22) Louis Ernst BESSON - born 12 August 1865 in Leipzig, Saxony, Germany and died 23 April 1939 in Prior, Douglas County, Missouri. GERMAN

23) Sarah Jane SOLOMON - b. 15 November 1863 in Jonathan Creek Township, Moultrie County, Illinois d. 15 February 1897 in Prior, Douglas County, Missouri. ENGLISH

My maternal side:

24) Joseph Payne SKILLMAN - born 27 August 1856 in Bourbon County, Kentucky and died 16 August 1926 in Altoona, Wilson County, Kansas. ENGLISH

25) Sallie D. WILSON - born 2 August 1861 in Georgetown, Pettis County, Missouri and died 24 November 1944 in Shell City, Vernon County, Missouri. IRISH

26) Ernest Francis SHEERN - born 30 July 1862 in Harpers Ferry, Allamakee County, Iowa and died 11 September 1934 in Kansas City, Jackson County, Missouri. IRISH

27) Jennie DELANEY - born 10 May 1862 in Sedalia, Pettis County, Missouri and died 26 December 1929 in Garnett, Anderson County, Kansas. IRISH

28) George Wesley HARRIS - born 11 March 1864 in Lincolnton, Lincoln County, North Carolina and died 17 April 1949 in Garnett, Anderson County, Kansas. ENGLISH

29) Minda Ellen WALLACE - born 20 November 1861 in Yadkin County, North Carolina and died 14 March 1942 in Allen County, Kansas. IRISH

30) William Campbell BERRY - born 22 August 1856 in Des Moines County, Iowa and died 13 July 1921 in Bronson, Bourbon County, Kansas. IRISH

31) Laura Cordelia ROBINSON - born 12 June 1862 in Pittsburgh, Allegheny County, Pennsylvania and died 15 April 1951 in Garnett, Anderson County, Kansas. IRISH

Let's tally this up:

German/Russian = 4

German = 3

English = 3

Irish = 6

I am going to combine the German/Russian and the German together. Let me tell you why. Although that part of my family migrated from Germany to Russia and lived there for over 150 years, I am certain that there was no inter-mingling of the Catholic Germans and the Russians. I won't say that it never happened, but it did not in the village of Obermonjou and not with my lines.

So re-calculated we have:

Germans = 7

Irish = 6

English = 3

I obviously do not have Y DNA, but I have had my mitochondrial DNA tested and I am in halpogroup R.