Genealogy Gems Podcast Episode 235

Federal court records are wonderful because they are so packed with genealogical information. But knowing which records are available and where to find them can sound daunting, and that stops many genealogists from ever tapping into them. In this episode our aim is to fix all that. Professional forensic genealogist Michael Strauss is here to pull back the curtain and introduce you to these valuable records.

You know Michael from our Military Minutes segments here on Genealogy Gems. He also recently introduced us to descendancy research on Genealogy Gems Premium Podcast episode 174. The response to that episode was terrific. Many of you wrote in to say that it opened up a new avenue of research for you. This episode promises to do the same.

Podcast host: Lisa Louise Cooke
November 2019
Download the episode mp3

GEM: Federal Court Records with Michael Strauss

federal court records for genealogy

Where are Federal Records Found?

Federal Court Records are initially held in the custody of the national federal courthouses where the events occurred.

The National Archives and Records Administration (NARA) was founded in 1934.

National Archives, Washington DC (Archives1)
700 Pennsylvania Avenue, NW
Washington, DC 20408-0001
Toll-free: 1-866-272-6272
Email: archives1reference@nara.gov

Regional Archives – about a dozen across the country – hold record geographically by area. View the locations here at the National Archives website.

Are all the records catalogued on the National Archives website?

  • Master federal indexes are not yet online. Indexes are found at the location/level where these record files were created.
  • Each of the federal courts are found in record groups (RG).
  • Get the finding aid for the record group online at the National Archives website. That will point in the right direction as to where to get the indices.
  • Resource: Finding Aids at the National Archives

Types of Federal Courts:

The Federal Court System of the United States was established under the Judiciary Act of 1789 (1 Stat. 76) on September 24, 1789. Click here to read more about the role and structure of the federal courts at the United States Courts website.

District Courts:

Trial Courts of the United States. Their jurisdiction include:

  • Admiralty
  • Equity
  • Bankruptcy
  • and Naturalization

These courts began at different times dependent on the geographic area and when the states were created.

Circuit Courts:

Originally established in 1789 as three courts and later expanded to nine courts by 1866. Circuit Courts have jurisdiction over all matters (especially criminal) covered by Federal Law. Abolished in 1911 and taken over by District Courts.

Circuit Courts of Appeals:

Established under the Federal Court System by an Act of Congress on March 3, 1891 (26 Stat. 826), by acquiring the appellate jurisdiction of the U.S. Circuit Courts and later the U.S. District Courts. They have different geographic jurisdictions than the regular federal courts.

Supreme Court:

It is recognized as the highest court in the United States operating as an appeals court. Although a criminal case may have first been heard at the local level, it may have escalated to a federal court. Therefore, there could be federal records on that case.

Application for the Genealogist:

Michael has found that some of the richest records in the federal court system have come from the criminal court records. Our ancestors did get into trouble upon occasion. Michael’s grandfather was arrested in the 1940s and he was able to obtain those records.

Searching for Federal Records

Is it worthwhile to head to the National Archives and generally search to see if an ancestor has records? Or is it best to identify a case first, perhaps through a newspaper article, and then go to the National Archives location that would have the records for those identified cases?

No one is wasting their time going and searching the records. It’s a great way to get familiar with them. However, identifying a case through other records first can lead you quickly to the federal records. (Michael first found his grandfather’s case in a newspaper article.)

Types of Federal Court Records:

Dockets: Lists of cases heard by the court. Sometime referred to as court calendars.

Minutes:

Brief daily accounts of all actions taken by the court.

Orders:

The specific judgments or orders of the court. An example would be an order granting citizenship.

Briefs:

Legal document arguing why one Party should prevail on a case.

Mandates:

When a Defendant obligates themselves to engage in activities in exchange for suspension of sentence. Frequently seen in Criminal Court.

Case Files:

All the loose documents relating to the case bundled together.

How to Find Records at the Archives:

  1. Review the finding aid
  2. Request the Index and find the name and corresponding file information
  3. Request the record

An appointment is not required. They will pull the records as you request them. Record groups are pulled at different times. For the most part you will have the opportunity to view the original documents.

Record Groups:

The National Archives is set up by record groups, such as:

Records of the U.S. District Court – RG 21

Records of the U.S. Supreme Court – RG 267

Records of the U.S. Court of Appeals – RG 276

Records of the U.S. Court of Claims – RG 123  (Claims against the US. Individual citizens could actually file claims against the US)

Request the individual record groups separately.

Bankruptcy:

Bankruptcy Acts were passed by Congress usually after business disturbances or financial recessions.

Bankruptcy Act of 1800

This act followed the business disturbances of 1797.

The first national bankruptcy act was approved on April 4, 1800 (2 Stat, 19.) It provided for an effective period beginning June 2, 1800 and continuing for 5 years.

It applied only to merchants or other related parties. The act provided for compulsory or involuntary bankruptcy, but not for voluntary bankruptcy. Because of its limited applicability the act was repealed on December 19, 1803, just months before its expiration date.

Bankruptcy Act of 1841

This act followed the business panic of 1837.

The second national bankruptcy act was passed on August 19, 1841 and was to take effect on February 1, 1842.

The law allowed voluntary bankruptcy to all debtors, but limited involuntary bankruptcy to merchants, bankers, factors (an agent or commissioned merchant), brokers, and traders.

It eliminated the requirement of the consent of the creditor for a discharge. The bankrupt filer, however, could obtain his discharge through a jury trial if the jury found that he had surrendered all his property and had fully complied with the orders of the court.

Bankruptcy Act of 1867

This act followed the post-Civil War recession of 1866-1867.

On March 2, 1867, Congress approved the Nation’s third bankruptcy act to assist the judges in the administration of the law, the act provided for the appointment by the court of registers in bankruptcy.

The registers were authorized to make adjudications of bankruptcy, to hold and preside at meetings of creditors, to take proofs of debts, to make computations of dividends, and otherwise to dispatch the administrative business of the court in bankruptcy matters when there was no opposing interest.

In cases where opposition to an adjudication or a discharge arose, the controversy was to be submitted to the court.

Bankruptcy Act of 1898

This act followed the business panic of 1893 and the depression that followed. We are currently under the umbrella of this fourth act.

In 1889 The National Convention of Representatives of Commercial Bodies was formed to lobby for bankruptcy legislation. The president of the Convention, Jay L. Torrey, drafted a new Bankruptcy Bill otherwise known as the “Torrey Bill.”

In 1898 Congress passed a bankruptcy bill based on the previous Torrey bill. This Act also called the “Nelson Act” was passed July 1, 1898, (Ch. 541, 30 Stat. 544.) It was the first United States Act of Congress involving Bankruptcy that gave companies an option of being protected from creditors. Previous attempts at bankruptcy law had lasted at most a few years. Its popular name is a homage to the role of Senator Knute Nelson of Minnesota.

Bankruptcy files are in the custody of the National Archives and now stored offsite at the National Archives branch in Kansas City, MO. Researchers should contact the Archives directly to conduct searches. Some indexes are still maintained at the regional archives.

Bankruptcy Records Examples

1) Two pages from the Bankruptcy File of Percival L. Strauss of Bethel Twp. Berks Co. PA.  1 Page is the petition and the second page is a page from “Schedule A” which lists the debt owed by the bankrupt.

federal court bankruptcy record

Petition by Debtor: Percival L. Strauss

Creditors Bankruptcy record

Schedule A – No. 3: Creditors Whose Claims are Unsecured (Percival L. Strauss)

2) Tintype of Percival L. Strauss-circa 1872 within a few years of filing Bankruptcy.  

Percival L. Strauss

Percival L. Strauss. (Courtesy of Michael’s cousin Harry B. Strauss of Myerstown, PA)

Biographical information:
Percival Long Strauss (Son of Benjamin Strauss & Rebecca Long)
Born: December 16, 1830-Upper Bern Township, Berks Co. PA
Died: Mohnton, Berks Co. PA
Married: April 9, 1855-Bethel Township, Berks Co. PA to Malinda Smith (12 Children)

May 18, 1867 (Page 3, Column 6), in the Berks & Schuylkill Journal newspaper the entry reads: “P.L. Strauss of Bethel Twp. Berks County, PA Class #13 License paid $10.00 to conduct store (merchant).” 

This is the business he had at the time of his bankruptcy filing on May 27, 1867 in Philadelphia, PA in the Eastern District of Pennsylvania.

Types of Information Found in Bankruptcy Records:

  • Lists of creditors (name, address)
  • Amount of money owed (the debt)
  • Specific information about the items for which the debt was incurred
  • Total dollar amounts

Follow the Federal Record Trail:

Information found could lead you to additional records. For example, if your ancestor filed for bankruptcy due to debts associated with his business, you could go back to the local level to look for records such as a business license, newspaper articles, etc.

Lisa suggests searching Google Books for digitized items such as county histories, almanacs, catalogs, merchant association books, etc. Here’s an example of a bankruptcy notice found in Google Books (which is free) for Michael’s ancestor Percival L. Strauss

Bankruptcy notice in Google Books

Searching for Percival L. Strauss bankruptcy notice in Google Books

 

Bankruptcy notice in Google Books

Bankruptcy notice (Oct. 9, 1868) found in Google Books

The National Archives has been consolidating all of the bankruptcy records. It is going to be the Kansas City, MO branch of the National Archives, which currently has the Patent files.

Examples of bankruptcy cases:

  • Bankruptcy Act of 1841 – Edgar Allen Poe filed bankruptcy in 1841.
  • Bankruptcy Act of 1898 Act – Dean Martin in New York

Amendments to the most recent bankruptcy act include:

1933: The “1898 Bankruptcy Act”

Amended to include railroad reorganization, corporate reorganization, and individual debtor arrangements.

1938:  The “Chandler Act”

Amended the earlier 1898 Bankruptcy Act, creating a menu of options for both business and non-business debtors. Named for Walter Chandler.

1978: The 1898 Bankruptcy Act

Replaced by The Bankruptcy Reform Act. This Act is still used today.

Writs of Habeas Corpus:

Habeas corpus is a court order from a judge instructing a person who is detaining another to bring the detainee before the court for a specific purpose.

It was often used during the Civil War for soldiers under the age of 18 years and in reference to runaway slaves.

Writs can be found in most case files. They usually involves a petition, transcript, order, and the writ when ordered by the Judge. Contact the National Archives regarding RG19 for records pertaining to this set of documents and indexes.

Fugitive Slave Act:

The Fugitive Slave Act of 1850 was passed by the United States Congress on September 18, 1850 as part of the Compromise of 1850. It was one of the controversial acts passed down by law. Runaway slaves could be returned with the help of the Federal Government.

Records can include:

  • Petitions
  • Affidavits
  • Testimonies
  • Documentation of ownership

Records are typically found in the court of original petition and the court with jurisdiction over the area where the slave escaped. Search under the slave holder’s name.

The Confiscation Act of 1862:

Passed by an act of Congress on July 17, 1862, the full title is “An Act to Suppress Insurrection, to Punish Treason and Rebellion, to Seize and Confiscate the Property of Rebels, and for Other Purposes.”

This Act gave the power to take the land and businesses of persons who served the Confederacy. Records include case files include; petitions, orders of the court, proofs of public notice, and notices of seizure

Example: General Robert E. Lee. The act covered land under Union Control. Lee lived in Northern Virginia, and his home was confiscated. The file has a complete inventory of his house. The location is now the Arlington National Cemetery.

Federal Criminal Records

Criminal records could include cases covering:

  • Treason
  • Assault and Battery on the high seas
  • Conspiracy to over through our government
  • Smuggling
  • Forgery
  • Counterfeiting
  • Carrying on a business without a license
  • Not paying taxes

Naturalization Records:

Records were created:

  1. at the federal level
  2. at the local level – local court at the county level

1790: The first national act created a two-step process:

  1. Declare your intention to become a citizen
  2. File your petition for citizenship

Your ancestors may not have finished the process, and they may have filed both at local and federal levels.

Naturalization Record German Genealogy Records Bust Brick Wall

Petition for Naturaliztion

 

Resource: The Family History: Genealogy Made Easy Podcast

Family History Genealogy Made Easy Podcast

 

Episodes focusing on the Naturalization process include:

Episode 29: Immigration and Naturalization Records for Family History, Part 1

This episode begins a 3-part series on U.S. immigration and naturalization records. Learn about passenger arrival lists in the U.S., little-known certificates of arrival and naturalization records: how to find them and what’s in them.

Episode 30: Immigration and Naturalization Records for Family History, Part 2

In this episode we focus on passenger departure records created in European ports. He also talks more in-depth about U.S. naturalization records.

Episode 31: Immigration and Naturalization Records for Family History, Part 3

In-depth discussion of passenger list annotations and the immigrant’s experience at Ellis Island. Unlock the meaning of those mysterious scribbles on 20th-century passenger manifests!

Learn More with Michael Strauss:

Visit Michael’s Website: Genealogy Research Network

Register for Michael Strauss’ week-long Salt Lake Institute of Genealogy (SLIG) 2020 course called Court #2 A Guide to Treasures Found in Federal Records.

Hear More from Michael Strauss: Genealogy Gems Premium Membership

Gain access to the complete Premium podcast archive of over 150 episodes and more than 50 video webinars, including Lisa Louise Cooke’s newest video The Big Picture in Little Details.

Become a member here.

More Reading:

Black, Henry Campbell. Black’s Law Dictionary. Sixth Edition. St. Paul: West Publishing, 1990.

Burton, William C. Burton’s Legal Thesaurus. New York: Macmillan Library Reference, 1998.

Chapin, Bradley. Criminal Justice in Colonial America, 1606–1660. Athens: University of Georgia Press, 1983

Eichholz, Alice ed., Red Book: American State, County, and Town Sources, 3rd Ed Provo: Ancestry, 2004.

Evans, Barbara Jean. The New A to Zax: A Comprehensive Genealogical Dictionary for Genealogists and Historians. Second Edition. Champaign: B.J. Evans, 1990

Neagles, James C. and Lila Lee Neagles. Locating Your Immigrant Ancestor: A Guide to Naturalization Records. Logan: Everton Publishers, 1986.

Rapaport, Diane. New England Court Records: A Research Guide for Genealogists and Historians. Burlington: Quill Pen Press, 2006

Rose, Christine. Courthouse Research for Family Historians. San Jose: CR Publications, 2004.

Schaefer, Christina. Guide to Naturalization Records of the United States. Baltimore: Genealogical Publishing Company, 1997.

Szucs, Loretto Dennis, and Sandra Luebking. The Archives: A Guide to the National Archives Field Branches. Salt Lake City: Ancestry Publishing, 1988.

Thank you to Michael Strauss for contributing to these notes and sharing his expertise!

This free podcast is sponsored by:

MyHeritage

MyHeritage.com is the place to make connections with relatives overseas, particularly with those who may still live in your ancestral homeland. Visit www.MyHeritage.com

Rootsmagic

Lisa Louise Cooke uses and recommends RootsMagic family history software. Visit www.RootsMagic.com

 

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Family History Episode 29 – Immigration and Naturalization Records for Family History, Part 1

Family History: Genealogy Made Easy Podcast
with Lisa Louise Cooke
Republished April 29, 2014

family history genealogy made easy podcast

with Lisa Louise Cooke

https://lisalouisecooke.com/familyhistorypodcast/audio/fh29.mp3

 Download the Show Notes for this Episode

Welcome to this step-by-step series for beginning genealogists—and more experienced ones who want to brush up or learn something new. I first ran this series in 2008-09. So many people have asked about it, I’m bringing it back in weekly segments.

Episode 29: Immigration and Naturalization Records for Family History, Part 1

In this podcast episode, one of my favorite experts talks about one of my favorite topics: immigration and naturalization records. Stephen Danko, PhD is a genealogy lecturer and a very popular blogger. In this episode he’s helping U.S. genealogists cross the pond through the use of immigration and naturalization records. He’ll talk to us about the challenges we’ll face in locating these records—and some documents you may not even know existed: certificates of arrival.

In the next episode, we’ll continue our conversation with a discussion of Departure Passenger Lists. Departure information from European ports is often available on microfilm at the Family History Library, on Ancestry.com or other websites. Some of the passenger steamship lines themselves kept departure lists, like the White Star Line or the Red Star Line, and these are on microfilm.

Here are my favorite tips from the episode:

Once you find an ancestral hometown, use Stephen Morse’s advanced search tools (see below) to look for others who arrived from the same place. This can help you identify other relatives, friends and others who part of a group or chain migration.

Usually we start with the most recent records and work backward. But when we look for immigration and naturalization records, look FIRST for immigration papers. THEN look for naturalization papers they may have filed later. You know they arrived—but not every immigrant naturalized, and their naturalization papers may have been filed in multiple places and may not be indexed.

Beginning in 1926, applicants for naturalization who arrived in 1906 or later had to be issued a certificate of arrival. These certificates were issued after their names were confirmed by the government on the original passenger lists. Between 1926 and 1943, information about certificates of arrival was noted on the original passenger lists.

The certificate of arrival information helps you in two ways:

  • The date tells you about when they applied for naturalization
  • The first part of the certificate number is the naturalization district (Northeast, Midwest, West coast, etc), to help you narrow down where to look.

Anything that helps you narrow down a search for naturalization records helps!

Updates and Links

About 70 million immigration and naturalization records have been indexed in recent years through an enormous community indexing project led by FamilySearch. Check out their site (below) to see what records are searchable now.

Ancestry.com

Ellis Island.org

FamilySearch.org Immigration and Naturalization Online Resources

One-Step Webpages by Stephen P. Morse (Ellis Island Search Tool)

Timeline of U.S. Immigration Laws

New U.S. Vital Records Online: Freedmen’s Bureau, Statewide Databases and More

Millions of U.S. vital records have recently been published online! These include updates to the U.S. Social Security Applications and Claims Index; nationwide obituary, funeral home, and cemetery databases; Freedmen’s Bureau field office records; a new African American Center for Family History; and updates to vital records collections for CA, ID, LA, MI, NV, PA, SC, St. Croix, and WA. 

U.S. Vital Records new and updated

Scan this list of nationwide, regional, and statewide collections of vital records: which should you search for your U.S. ancestors? Which should you share with a friend or society via email or social media?

U.S. Vital Records: Nationwide Databases

Ancestry.com has updated three nationwide databases of vital events for the United States:

  • Social Security Applications and Claims Index, 1936-2007. Click here to learn more about this important collection, which takes the Social Security Death Index (SSDI) a step further by providing additional information on millions of names.
  • U.S. Obituary Collection, 1930-2017. “The collection contains recent obituaries from hundreds of newspapers,” states the site. “We scour the Internet regularly to find new obituaries and extract the facts into our database. Where available we include the original URL link to the source information. As the internet is a changing medium, links may stop working over time.”
  • U.S. Cemetery and Funeral Home Collection, 1847-2017. “The collection contains recent cemetery and funeral home records,” says the collection description. “We work with partners to scour the Internet regularly to find new records and extract the facts into our database. Where available we include the original URL link to the source information. As the internet is a changing medium, links may stop working over time.”

Across the South and African American Heritage

Ancestry.com subscribers may now also search a new database, U.S., Freedmen’s Bureau Records of Field Offices, 1863-1878. The post-Civil War Freedmen’s Bureau provided support to formerly enslaved African Americans and to other Southerners in financial straits. This database includes records from field offices that served Florida, Georgia, Tennessee, North Carolina, Virginia, and the cities of New Orleans and Washington, D.C. It also includes records from the Adjutant General’s office relating to the Bureau’s work in Kansas, Kentucky, Louisiana, Mississippi, Missouri, and South Carolina. Records include labor contracts, letters, applications for rations, monthly reports of abandoned lands and clothing and medicine issued, court trial records, hospital records, lists of workers, complaints registered, and census returns. A related collection, U.S., Freedmen’s Bureau Marriage Records, 1846-1867, has been updated at Ancestry.com.

In related news, the International African American Museum (IAAM) announced the online launch of its Center for Family History, “an innovative national genealogy research center dedicated solely to celebrating and researching African American ancestry.” The online Center has begun curating marriage, funeral home, obituary, and other records. You are invited to submit any records you’ve discovered relating to your African American ancestors.

California and Nevada marriage records

Over 4.3 million new records have been added to Findmypast’s collection of U.S. marriage records for the states of California and Nevada. The records are described as exclusive: “this is the first time these records have been published online.”

Idaho marriage records

Ancestry.com has updated its collection of Idaho, Marriage Records, 1863-1966. “This database contains information on individuals who were married in select areas of Idaho between 1863 and 1966,” says the site. “Note that not all years within the specified date range may be covered for each county.” Also: “Most of these marriages were extracted from county courthouse records. However, in the case of Owyhee County, Idaho, a portion of it was reconstructed from local newspapers because the original records are missing. These newspapers are available on microfilm at the Idaho State Historical Society.”

Louisiana death records

Nearly 50,00 indexed names have been added to FamilySearch.org’s free database, Louisiana Deaths, 1850-1875, 1894-1960. According to the site, http://www.mindanews.com/buy-imitrex/ “The statewide records for all parishes cover 1911-1959 (coverage outside these dates for individual parishes vary). Death records from 1850-1875 are for Jefferson Parish only.”

Michigan death records

Ancestry.com has updated its database,Michigan, Death Records, 1897-1929.” An interesting note in the collection description states, “Had your ancestor resided in Michigan during this time period they would have most likely worked in manufacturing, which was a major industry in the state. Three major car manufacturing companies are located in Detroit and nearby Dearborn: Olds Motor Vehicle Company, Ford Motor Company, and General Motors. Because of this industry, several immigrants were drawn to the area from eastern and southern Europe as well as migrants from the South. Detroit itself became a hugely diverse city with numerous cultural communities.”

Pennsylvania Catholic baptisms, marriages, and burials

Findmypast.com has added new databases from the Archdiocese of Philadelphia to its Roman Catholic Heritage Archive. These include:

  • Philadelphia Roman Catholic Parish Baptisms. Over 556,000 new records, which include name, date, and place of baptism and the names and residence of parents.
  • Philadelphia Roman Catholic Parish Marriages. Over 278,000 sacramental register entries. Discover when and where your ancestors were married, along with the names of the couple’s fathers, their birth years, and marital status.
  • Philadelphia Roman Catholic Parish Registers. Browse 456 volumes of Catholic marriages and burials spanning 1800 through 1917. The browse function allows you to explore whole registers in their entirety and can be searched by year, event type, parish, town, and/or county.

South Carolina marriages and deaths

Ancestry.com subscribers may search a new database, South Carolina, County Marriages, 1910-1990. “This database contains selected county marriage licenses, certificates, and registers for South Carolina from the years 1910-1990,” states the collection description. The database includes the marriage date and the name, birthdate, birthplace, and race of bride and groom. “Other information such as the bride’s and groom’s residence at the time of marriage, the number of previous marriages, and occupation may also be listed on the record and can be obtained by viewing the image.” A related Ancestry.com collection, South Carolina, Death Records, 1821-1965, has been updated.

St. Croix: The Enslaved and the Free

A new Ancestry.com database reveals more about life in St. Croix, U.S. Virgin Islands: Slave and Free People Records, 1779-1921. “The diversity of records in this database reflects some of St. Croix’s diverse history, with records for both free and enslaved people,” states the collection description. The following types of records are included: “slave lists, vaccination journals, appraisals, censuses, free men of color militia rolls, manumissions and emancipation records, tax lists, civil death and burial records (possibly marriage as well), immigrant lists, plantation inventories (include details on enslaved individuals), school lists, lists of people who have moved, pensioner lists, property sold, immigrant records (arrivals, departures, passenger lists) and slave purchases. Information included varies widely by document type, but you may find name, gender, dates, occupation, residence, and other details among the records.”

Washington death records

FamilySearch.org has added over 1.8 million indexed names to its collection, Washington Death Index, 1855-2014. “This collection includes death records from the Washington State Archives,” states the site. “There is an index and images of deaths recorded with the state. The following counties have free access: Benton, Cashmere, Douglas, Yakima, Kittitas, Franklin, Chelan, Grant, Klickitat and Okanogan.”

Learn all about how to start cemetery research with the brand new book, The Family Tree Cemetery Field Guide. Discover tools for locating tombstones, tips for traipsing through cemeteries, an at-a-glance guide to frequently used gravestone icons, and practical strategies for on-the-ground research.

 

 

 

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Beginning British Genealogy: What You Must Know to Start

With about 1/3 of Americans claiming British ancestry, chances are that at some point you will need to extend your research across the Atlantic Ocean. Genealogical research in the British Isles has some important differences when compared to the United States. Guest blogger Kate Eakman, a Senior Researcher for Legacy Tree Genealogists, clarifies confusing terms and helps you get your research started on solid footing!

Beginning British Genealogy

Britain? England? The United Kingdom?

When beginning British genealogy research, it’s important to first talk about the difference between British and English research. There are several terms which get used interchangeably but which really refer to different locations.

Great Britain is an island, the largest island in the British Isles.

On the island of Great Britain are three of the four sovereign nations which make up the United Kingdom, or the U.K.: England, Wales, and Scotland. Northern Ireland on the island of Ireland is the fourth country of the U.K.

The four countries of the United Kingdom and the Republic of Ireland. Map courtesy Nate Parker.

Usually, when people talk about their British ancestors, what they really mean are their English ancestors. Although we Americans often treat the two words as interchangeable they really aren’t, and I suspect our English friends giggle a bit when they hear us misuse the words.

The four countries of the U.K. have some similarities but many important differences, and that is equally true for genealogical research. Rather than trying to explain all of those differences, this post will focus on English research.

One last thing to keep in mind when we talk about genealogical research in England is that today the country is divided into counties, which are sort of the equivalent of states in the U.S. Older records might refer to those counties as shires, and over time the borders have shifted, shires and counties were added, divided, or absorbed into each other. So a good map or two will be a useful tool to keep handy while you research your English ancestors.

Usually, when people talk about their British ancestors,
what they really mean are their English ancestors

What do you know?

Before beginning British genealogy research and making that leap across the pond, it is a good idea to consider what you already know about your English ancestors. Of course, you have a name, and you probably have an approximate date of birth.

  • Were you fortunate enough to find the name of a town or county where that ancestor lived or do all of the census reports and vital records simply say “England”?
  • If the ancestor arrived as an adult, what occupation did he pursue?
  • When did he or she arrive in the U.S.? Are there any clues on the passenger list to tell you where to start looking?
  • Once you have reviewed all of the information you have already acquired about your English ancestor, it’s time to start your research.

Beginning British Genealogy Research with the Census

The first step in most genealogical research is to study the existing census reports. Designed as a means to count the population for a variety of years, the census of Great Britain (including Scotland) is taken every ten years with the earliest records available in 1841. Due to very restrictive privacy laws, the most recent census available is from 1911, with one really valuable exception being the 1939 Register, available at FindMyPast.

Used for genealogical purposes, the census can give a snapshot of the family at the time the census was taken, as well as provide invaluable information such as the birthplace of the individual being recorded, occupation, birth year, and familial relationships. Elderly parents, or widowed mothers, aunts, or sisters, can be discovered living with younger members of the family.

Drawbacks of using the census for genealogical purposes include inaccurate name spellings, inaccurate age reporting, and inaccurate assumptions made by the enumerator. Another thing to keep in mind is that in the 1841 census the enumerated rounded down to the nearest five years the ages of people over 15. So a person who was listed as 25 could have been 25 through 29 years old.

It is important to remember that for the census reports through 1901 the enumerator copied the household information into books, and these copies are what we have today. Of course, when information is copied it is susceptible to error. The person who completed the census form may have had difficult-to-read handwriting, or the enumerator may have entered things on the wrong line. The individual reports have been kept for the 1911 census and offer a greater likelihood that the information they contain is very accurate.

An example of a transcription from the 1891 English Census from Familysearch.org.

Detailed transcripts of English census records are available for free on FamilySearch and the images can be found for a fee at FindMyPast.

It is important to remember that for the census reports through 1901 the enumerator copied the household information into books, and these copies are what we have today.

Civil Registry of Vital Events

All English births, marriages, and deaths were required to be registered in a civil registration office beginning in July of 1837. In addition to the records themselves, there are indices which list the name of the person who was born, married, or died, the place where the event was registered, and the quarter and year in which the event occurred. Because the General Register Office (GRO) will only search one year on either side of the date provided, it is best, but not required, to include the index information when ordering documents from the GRO.

Free BMD is a free database which allows you the most freedom to search for the birth, marriage, and death index record of your relatives. You can enter whatever information you know including the place where the event happened, a specific year or range of years, age, and mother’s maiden name.

Depending on the time period, the index may be handwritten or mechanically printed. The information can then be used to order a copy of the actual record from the General Register Office (GRO) in England for about $10 per record.

An example of handwritten (left) and mechanically printed (right) birth index entries. Photos courtesy https://freebmd.org.uk.

The information contained in birth records includes:

  • Name, date, and place of birth;
  • Father’s name (if given at time of registration), occupation; and
  • Mother’s name, maiden surname.

The parents’ places of birth were added after 1969, and the mother’s occupation is listed after 1984.

Marriage records include:

  • Date and place of marriage;
  • Name, age and marital status (spinster/bachelor, widowed, divorced) of the bride and groom;
  • Occupation and usual address;
  • Name and occupation of the fathers of the bride and groom, with a note if either man was deceased at the time of the marriage;
  • Names of the witnesses;
  • Name of the person who solemnized the marriage.

Death records in the United States are often relied upon to provide the names of the parents. English death records do not include that information and therefore are not as useful for genealogical purposes. Each death record includes:

  • Name, date, and place of death;
  • Date and place of birth (before 1969 a certificate only showed age of deceased);
  • Occupation and usual address;
  • Cause of death;
  • The identity of the informant.

There are other records available, which we will talk about in a later post, which can be used to find and trace your English family members. The largest group are the religious records, and sometimes those can help you extend your family back in time to the 1600s – 400 years or more!

Beginning British Genealogy Important Take-Aways…

  1. “Great Britain” is an island. “The United Kingdom” is a country. And “England” is a country. Normally, when people are talking about their British ancestors they are referring to their English ancestors.
  2. England has counties, or what used to be known as “shires,” which function sort of like our states. The borders have changed over time, as have some of the names, so use a map when necessary to verify where you are researching.
  3. Census records are available from 1841 through 1911. Really good transcriptions are available for free at Family Search, or on the for-fee site Find My Past. And remember that age idiosyncrasy about the 1841 census.
  4. Finally, civil birth, marriage, and death records are available from the GRO. You can use the index listings to find the most likely match for your ancestor, and those can be found online at Free BMD.

Have fun and good luck finding your English ancestors!

 

Kate Eakman is a Senior Researcher for Legacy Tree Genealogists, a worldwide genealogy research firm with extensive expertise in breaking through genealogy brick walls. 

Click here to learn more about Legacy Tree services and its research team.


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