^{The News}
Dedicated to Austrian-Hungarian Burgenland Family History

This newsletter concerns:

1) THE PRESIDENT'S CORNER

2) ADOPTEES AND DNA (by Frank Paukowits)

3) RESPONSE TO: "YOUR FAMILY NAME WAS NOT CHANGED AT ELLIS ISLAND" (by Donna Stockl)

4) THE NATURALIZATION ACT OF 1906

5) HISTORICAL BB NEWSLETTER ARTICLES:
    - MARKTGEMEINDE, OPPIDUM, MARKET COMMUNITY

6) ETHNIC EVENTS

7) BURGENLAND EMIGRANT OBITUARIES (courtesy of Bob Strauch)

Then my childhood memory came back to me. I remembered hearing my grandmother saying (in conversations with my father) Beishl Charlie. She pronounced the first letter of his surname like B instead of P. I think my grandmother was talking about her younger brother Karl (known as Charles in the US). I was still puzzled as to why she said his last name first. One of my Austrian BB friends told me that this practice was left over from Hungarian days in Burgenland. People said the last name first.

This was the breakthrough I needed to find all the Peischl relatives that came to Philadelphia. From then on, I found them in census records, military records, city directory records, citizenship records and others.

My conclusion is that most of the time, the person recording the information wrote what s/he thought s/he heard. I doubt my Burgenland-American family members were asked to spell their surnames, especially in the early years. I also noticed that the names of census-takers and of officials at the immigration courts appeared to not be of Germanic background: their names seemed quite Anglo. It was obvious that the official wrote the information on the applications for citizenship. I often was puzzled with their spelling of places of origin of the immigrant.

These are the spellings I found in early US records (definitely after Ellis Island) for these Peischl people: Beisel, Beishl, Beischel, Beishel, Beischl, and Baschell. The first two spellings are in use by family members today.

Now I do have an illustration in the family of what you said about someone changing the spelling of his surname when he became a citizen.

My great-grandfather Josef Peischl died in 1914 in Philadelphia without becoming a US citizen. His death certificate was full of errors. He died of TB in a hospital and it appears there was no family member present to give information for the death certificate. The death certificate reports that he was born in Germany (he spoke German: where else would he be born?). His surname was spelled Bishel, so I wasn’t sure I had the right death certificate. But then I saw the address for his residence. His sons gave that same address when they registered for the WW-I draft in 1917-1918 and the family lived at that address in the 1920 census. So this was the right person. So his children (except my grandmother, who was married when she came to Philadelphia) used some form of the name with the initial B, not P.

But the other young man on the ship back in April 1904 did apply to become a US citizen. He completed that process in May 1914. He became a US Citizen with the name Michael Beischl. But at the end of the citizenship ceremony he had his name changed to Michael Peischl, the original spelling.

It seems the confusion must have persisted because the informant on Aunt Rose’s 1976 death certificate was Michael Peischl’s son Herman Peischl. Still his name was recorded on the certificate as Herman Beischl.

So here (from this death certificate) were two cousins (Rose and Herman), one with surname Beischl (Rose) and the other with surname Peischl (Herman), because his father had changed the family name back to the spelling from the time he left Burgenland.

It is interesting that the person who wrote the certificate spells the name Beischl for both: maybe Herman didn’t want to cause confusion or the writer heard the same name twice.

Since I learned this information, I have been in contact with descendants of both Peischl and Beishl parts of the family. Some are “sure” they are related to the other branch because of the Peischl name. I’ve told them they are definitely related because these two Peischl men (Josef and Michael) married two half-sisters (Maria Pelzman and Anna Pelzman) in Bocksdorf. I know that the women are related, but I have my doubts that their male ancestors Josef and Michael are related to each other (except by their marriages to the Pelzman sisters).

It took so many years to unravel this and learn of the similar pronunciation of initial P like B in the Burgenland German language. That made all the difference. Before that, the family members came to the US, bit by bit, and then “disappeared” once they left Ellis Island. It was very frustrating for some years, but so rewarding when they were found.

 

                                  DECLARATION OF INTENTION

              (Invalid for all purposes seven years after the date hereof)

____________, ss:

I, ____________, aged ______ years, occupation ______, do declare on oath (affirm) that my personal description
is: Color _______, complexion ______, height ______, weight _______, color of hair ______, color of eyes ______,
other visible distinctive marks ______;
I was born in _______ on the _______day o f_______, anno Domini ______:
I now reside at ______; 
I emigrated to the United States of America from ______ on the vessel ______;
My last foreign residence was _______.
It is my bona fide intention to renounce forever all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, and particularly to _______, of which I am now a citizen (subject);
I arrived at the (port) of ______, in the State (Territory or District) of ______ on or about the ______ day of _______ anno Domini _______;
I am not an anarchist;
I am not a polygamist nor a believer in the practice of polygamy;
and it is my intention in good faith to become a citizen of the United States of America and to permanently reside therein. So help me God.

(Original signature of declarant) _____________.

Subscribed and sworn to (affirmed) before me this ____ day of ______, anno Domini ______.

[L.S.]                                                 _____________
                                                 (Official character of attestor)




                          PETITION FOR NATURALIZATION

                                 ______ Court of ______

In the matter of the petition of _____________ to be admitted as a citizen of the United States of America.

To the ______ Court:

The petition of ____________ respectfully shows:

First. My full name is ______ _______.
 
Second. My place of residence is number _____ _______ street, city of ______, State (Territory or District) of ______.

Third. My occupation is _____________.

Fourth. I was born on the ______ day of ______ at _____________.

Fifth. I emigrated to the United States from ______ on or about the ______ day of ______, anno Domini ______, and arrived at the port of ______, in the United States, on the vessel ______.

Sixth. I declared my intention to become a citizen of the United States on the ______ day of ______ at ______, in the ______ court of ______.

Seventh. I am __ married. My wife's name is ______ _______. She was born in ______ and now resides at ______. I have ______ children, and the name, date, and place of birth and place of residence of each of said children is as follows: ______; ______.

Eighth. I am not a disbeliever in or opposed to organized government or a member of or affiliated with any organization or body of persons teaching disbelief in organized government. I am not a polygamist nor a believer in the practice of polygamy. I am attached to the principles of the Constitution of the United States, and it is my intention to become a citizen of the United States and to renounce absolutely and forever all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, and particularly to ______, of which at this time I am a citizen (or subject), and it is my intention to reside permanently in the United States.

Ninth. I am able to speak the English language.

Tenth. I have resided continuously in the United States of America for a term of five years at least immediately preceding the date of this petition, to wit, since ______, anno Domini ______, and in the State (Territory or District) of ______ for one year at least next preceding the date of this petition, to wit, since ______ day of ______. anno Domini _______.

Eleventh. I have not heretofore made petition for citizenship to any court. (I made petition for citizenship to the ______ court, of ______ at ______, and the said petition was denied by the said court for the following reasons and causes, to wit, ______ ______, and the cause of such denial has since been cured or removed.)

Attached hereto and made a part of this petition are my declaration of intention to become a citizen of the United States and the certificate from the Department of Commerce and Labor required by law. Wherefore your petitioner prays that he may be admitted a citizen of the United States of America.

Dated _______

                                       (Signature of petitioner) ____________

______ ______, ss:

______ ______, being duly sworn, deposes and says that he is the petitioner in the above-entitled proceeding; that he has read the foregoing petition and knows the contents thereof; that the same is true of his own knowledge, except as to matters therein stated to be alleged upon information and belief, and that as to those matters he believes it to be true.

Subscribed and sworn to before me this _______ day of ______, anno Domini _______.

[L.S.]                                              _______ _______,
                                                Clerk of the ______ Court




                                  AFFIDAVIT OF WITNESSES

                                      ______ Court of _______

In the matter of the petition of ______________ to be admitted a citizen or the United States of America.

____________, ss:

____________, occupation ______, residing at ______, and ____________, occupation ______, residing at ______, each being severally, duly, and respectively sworn, deposes and says that he is a citizen of the United States of America; that he has personally known ____________, the petitioner above mentioned, to be a resident of the United States for a period of at least five years continuously immediately preceding the date of filing his petition, and of the State (Territory or District) in which the above-entitled application is made for a period of ______ years immediately preceding the date of filing his petition; and that he has personal knowledge that the said petitioner is a person of good moral character, attached to the principles of the Constitution of the United States, and that he is in every way qualified, in his opinion, to be admitted as a citizen of the United States.
                                                                             _______ _______,
                                                                             _______ _______.

Subscribed and sworn to before me this _______ day of ______, nineteen hundred and _______.

[L.S.]                                        _______ _______,
                                        (Official character of attestor)




                              CERTIFICATE OF NATURALIZATION

Number _______
Petition, volume _______, page _______
Stub, volume _______, page _______

(Signature of holder) ______ ______.

Description of holder: Age, ______; height, ______; color, ______; complexion, ______; color of eyes, ______; color of hair, ______; visible distinguishing marks, _______. Name, age, and place of residence of wife, ______, ______, ______. Names, ages, and places of residence of minor children, ______, ______, ______; ______, ______, ______; ______, ______, ______.
 
____________, ss:

Be it remembered, that at a ______ term of the ______ court of ______, held at ______ on the ______ day of ______, in the year of our Lord nineteen hundred and ______, ______, who previous to his (her) naturalization was a citizen or subject of ______, at present residing at number _____ _______ street, ______ city (town), ______ State (Territory or District), having applied to be admitted a citizen of the United States of America pursuant to law, and the court having found that the petitioner had resided continuously within the United States for at least five years and in this State for one year immediately preceding the date of the hearing of his (her) petition, and that said petitioner intends to reside permanently in the United States, had in all respects complied with the law in relation thereto, and that _he was entitled to be so admitted, it was thereupon ordered by the said court that _he be admitted as a citizen of the United States of America.

In testimony whereof the seal of said court is hereunto affixed on the ______ day of ______, in the year of our Lord nineteen hundred and ______, and of our independence the ______.

[L.S.]                                                       ____________,
                                                    (Official character of attestor)




                    STUB OF CERTIFICATE OF NATURALIZATION

No. of certificate, ______.
Name ______ ______; age, ______
Declaration of intention, volume ______, page ______.
Petition, volume ______, page _______

Name, age, and place of residence of wife, ____, ____, _____ Names, ages, and places of residence of minor children, ______, ______, ______; ______, ______, ______; ______, ______, ______; ______, ______, ______; ______, ______, ______; ______, ______, ______; ______, ______, ______; ______, ______, ______; ______, ______, ______.

Date of order, volume ______, page______.

(Signature of holder) ____________

Sec. 28. That the Secretary of Commerce and Labor shall have power to make such rules and regulations as may be necessary for properly carrying into execution the various provisions or this Act. Certified copies of all papers, documents, certificates, and records required to be used, filed, recorded, or kept under any and all of the provisions of this Act shall be admitted in evidence equally with the originals in any and all proceedings under this Act and in all cases in which the originals thereof might be admissible as evidence.

Sec. 29. That for the purpose of carrying into effect the provisions of this Act there is hereby appropriated the sum of one hundred thousand dollars, out of any moneys in the Treasury of the United States not otherwise appropriated, which appropriation shall be in full for the objects hereby expressed until June thirtieth, nineteen hundred and seven; and the provisions of section thirty-six hundred and seventy-nine of the Revised Statutes of the United States shall not be applicable in any way to this appropriation.

Sec. 30. That all the applicable provisions of the naturalization laws of the United States shall apply to and be held to authorize the admission to citizenship of all persons not citizens who owe permanent allegiance to the United States, and who may become residents of any State or organized Territory of the United States, with the following modifications: The applicant shall not be required to renounce allegiance to any foreign sovereignty; he shall make his declaration of intention to become a citizen of the United States at least two years prior to his admission; and residence within the jurisdiction of the United States, owing such permanent allegiance, shall be regarded as residence within the United States within the meaning of the five years' residence clause of the existing law.

Sec. 31. That this Act shall take effect and be in force from and after ninety days from the date of its passage: Provided, That sections one, two, twenty-eight, and twenty-nine shall go into effect from and after the passage of this Act.

Approved, June 29, 1906
 

"The development and the status of a city, both of the Regalis Civitas Strigoniensis [Royal City Esztergom, located on the Danube River] and of the Civitas Archiepiscopalis [a neighborhood in Estergom now called Víziváros = Watertown] were ensured by their right to stop the traffic of the markets, beside and belonging to the harbors, and to levy a toll on the goods... such tolls were gradually transferred into the hands of the church."

Note while specifying riparian areas [the interface between land and a river or stream], this could also apply to the various "goods" roads that crossed borders, streams or other natural barriers. The entire Burgenland border was a stopping and unloading place for goods in shipment between Hungary and Austria. While much of this activity had to do with customs levies, unloading often suggested sale of goods to preclude the cost of reloading and trans-shipment. The village of Zahling (near Eltendorf in southern Burgenland) has a history of having once been such a village on the Salt Road from Salzburg to Hungary and its connection to the Fürstenfeld, Styria, Austria to Körmend, Hungary road. Is this why nearby Kukmirn is still a Marktgemeinde?

"...the settlements in Hungary included not only the towns proper but also the so-called market towns (oppida), enjoying more or less urban liberties... Hungarian scholars use the term market town (oppidum) collectively for denoting the franchised settlements which were not free royal towns, and whose burghers were therefore serfs."

"The market town (a non-fortified town in its literal sense) is not a specifically Hungarian phenomenon. It is readily comparable with the Bavarian-Austrian Markt."

I also get the feel that most markets may have been under the control of the local church since not only did they receive tolls and taxes but the market places often were located near or at the church. How this all involves the smaller villages of Burgenland is beyond me, but the similarity is there. I also find very early mentions of market privileges like you did (i.e., 1295). Kirsner & Peternell state in Marktgemeinde Deutschkreuz (Bezirk Oberpullendorf im Wandel der Zeit), "Wahrscheinlich schon einige Jahre vor 1429 war dem Ort das Marktrecht verliehen worden; in der vorgenannten Urkunde wird Keresztur als "oppidum" (Landstadt) genannt." ["Probably some years before 1429, market rights have been awarded; in the aforementioned document, Deutschkreutz is called an "oppidum" (rural city)."]

An interesting question. I wonder how much "work & income" the Marktgemeinde provided local villagers?

Fritz Königshofer also replies: Wikipedia has a long entry (in German) on the terminology of the subject in Germany, which is similar to the meanings in Austria. The web address is de.wikipedia.org/wiki/Gemeinde_(Deutschland). There is a shorter Wikipedia entry on Austria, at de.wikipedia.org/wiki/Gemeinde_(Österreich).

Here is what I can pull from my head. The basic political unit has been, and is, the Gemeinde. The Gemeinde traditionally had three tiers, namely, a normal Gemeinde, a Marktgemeinde or Markt (market town), and a Stadtgemeinde or Stadt (translated as city, Latin: urbs). Market towns had the right to hold markets. Cities had even more rights, and inhabitants with home rights in the cities were not subject to the bondage by dominions.

Over the last century or so, the differences have been lessened, so that today the promotion from Gemeinde to Markt or from Markt to Stadt, have more symbolic than real importance.