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

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

 

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Discover the FamilySearch Wiki WOW Factor! (Beginner Tutorial)

Show Notes: The FamilySearch Wiki is like a free encyclopedia of genealogy! In this FamilySearch Wiki tutorial, discover the wealth of information the Wiki has to offer, and learn the secrets to navigating it with ease. We’ll also cover the number #1 reason people get frustrated when searching the Wiki and how to overcome it.

Watch the Video

RootsTech has set the class video to “private”. You can watch it on their website by going to the video page in their on-demand library. You may need to sign in to your free FamilySearch account in order to watch it. 

Enjoy this special free tutorial video which was originally presented at the RootsTech conference. Download the ad-free Show Notes cheat sheet for this video class. (Premium Membership required.)

What is a Wiki?

A wiki is a website that

  • Allows collaborative editing platform for users
  • doesn’t require HTML editing
  • has links to both internal and external resource pages
  • The FamilySearch Wiki is a lot like Wikipedia. It’s basically an encyclopedia of information. But the exciting part is that it’s specific to genealogy. This means you don’t usually have to worry about including the word genealogy in your searches.

What Does the FamilySearch Wiki Do?

The FamilySearch Wiki is focused on providing information for genealogy research such as:

  • how to find data
  • where to find data
  • how to analyze and use the data

What are the sources of Wiki content?

  • Original material was added from the old Family History Library research outlines.
  • User added material in their areas of genealogical expertise. The Wiki is constantly being updated by LDS missionaries and other volunteers as new material is discovered or released.

Don’t worry about Contributor info.

You’re going to see many things about wiki creation and management. Not everything is relevant to you when just wanting to find information. In fact, the majority of the Help section is geared to people creating, editing and maintaining pages. Don’t worry about being a contributor. Enjoy being a user.

2 Ways to Access the FamilySearch Wiki

  • Going directly to https://www.familysearch.org/wiki. Although you can sign into your free FamilySearch account on this page (in the upper right corner) it isn’t necessary in order to use it.
  • Logging in at the FamilySearch website. In the menu under Search click Research Wiki. By logging in and you’ll have access to additional features like participating in discussions, posting and creating watchlists.

The FamilySearch Wiki focuses on records, not ancestors.

Keep in mind that the purpose of the Wiki is to explain where genealogical materials are located and how to get access to them. The Wiki does not have individual ancestor information. If you want to find records, start by deciding specifically what kind of records you want.  Identify when and where the ancestor lived at the time the record was created. Then head to the Wiki to figure out what records are available and where they can be found. 

The Wiki links to:

  • Materials that available at FamilySearch.org or any other online genealogy website.
  • Materials that are not available at FamilySearch.org or any other online genealogy site.
  • Materials that were previously unknown or newly made available online.
  • Strategies and techniques for finding and researching genealogical records.

Types of Searches

Topic Search: When searching for information on a specific topic such as probate records, type the topic into the Search box. As you type, a list of pages with the topic word or words in the title appears below the Search box. If one of the listed pages is the desired topic, highlight and press enter. If you don’t pick from the drop-down list you will get a results list of every page that includes the topic.

Vital records Search: FamilySearch recommends using the Guided Search for info on vital records.

Location Search in the search box: When only the name of any country, state in the U.S., province in Canada, or county in England is typed in the Search box you will be taken directly to that Wiki page. For example: If Texas is searched the result is the Texas, United States Genealogy page.

Page Title: If you happen to know the exact title of the Wiki article you want, type it in the Search Box.

How to Overcome the #1 Search Problem

Many people will search for something like marriage records, Randolph, County, Indiana, and they will get a list of results. The results don’t look as clear-cut as Google results, and they may not all be on topic. This is where we can get lost. I think probably the number one reason why people give up on the wiki is they get these kinds of search results. They realize, wait a second, this isn’t even Indiana, it’s talking about Kentucky! Why am I getting all these? It can be frustrating.

This happens because we tried to do it ourselves, with our own keywords. Remember, like most search engines, they’ve indexed their content to make it searchable, so that means they’ve already decided how they want to talk about a particular topic. Rather than just addressing marriage record first, the wiki focuses on the location. Where is this marriage record? So, focus first on the place unless you are just looking for general information on a general genealogy topic such as genealogy software. 

Pre-filled suggestions will appear as you type because the wiki is going to suggest what it has in the format it has it. Again, you may want to first go to the country, state or county-level page and then look for the record type.

If you’re looking for marriage records but you don’t see them listed it might be that the word marriage isn’t the keyword the wiki uses. Or it might be that the type of record you’re looking for is a state or federal record.

Don’t be discouraged if you don’t see what you want listed in the table of contents. It may just be a keyword issue. Let the work that they’ve already done in organizing their materials guide you. You’ll be more successful and also avoid frustration. The FamilySearch Wiki is just too good of a resource to miss.

The FamilySearch Wiki Search box

You can run three main types of searches:

  1. Single key words,
  2. phrases,
  3. and search strings. 

Resource: Wiki Search Help Page

Search Operators

  • Quotes: Odd Fellows – 49 results versus “Odd Fellows” – 32 results
  • Minus sign
  • OR
  • Word stemming applies: car will also find cars
  • Intitle:Dunkards
  • subpageof:”Requests for comment”
  • Numrange doesn’t work on the wiki
  • Use Google site search to search using Google’s engine and search operators!

Map Search

Generally speaking, the map is the best way to search for records and information that is rooted in a location. Start by clicking the button for the continent, such as North America. From there, select the county from the menu, such as United States, then drill down by state. This will take you to the Wiki entry for that state.

Location-based FamilySearch Wiki Pages

If you’re really new to research in a particular location, start with the guided research link on the location’s wiki page. You may also see links to research strategies, record finder, and record types.

Getting Started section – links to step-by-step research strategies and the most popular records.

The county pages are where the real magic happens because many records such as birth, marriage, death, and court records are typically available at the county level. There you’ll find out how to contact or visit the current county courthouse. Look for Boundary Changes on the page. Use your computer’s Find on Page feature by pressing Control + F (PC) or Command + F (mac) on your keyboard to more quickly find words like Boundary on the page.

Exploring Record Collection Pages

Many record collections have their own page on the Wiki. As you type, these pages will populate in the drop-down list. Example: German Census Records. Take a moment to read through the page and you’ll discover some important information that will save you time and headaches, such as:

  • When censuses were taken
  • National versus local censuses and their various levels
  • Censuses in areas where boundaries have changed over time
  • Various types of census forms we may encounter
  • The purpose behind the creation of census records in Germany
  • The kind of information we can expect to find in the German census
  • Other types of records containing similar information
  • Resource articles (including a handout from a past RootsTech)
  • Wiki articles describing online collections

There are a couple of actions we may want to take before going on to search for records. Here are a few:

Click on the Category to see what else is attached to this category – in this case we see some example images that are helpful in interpreting German census forms.

Click the Cite this page link in the left column if we plan to reference the page elsewhere.

Click Printable Version in the left column if we want a printable or PDF version of the page.

Explore related pages by clicking the What links here link in the column on the left. Notice it also shows if there are any other users watching the page.

Learn more about using Family Search

Videos at Lisa Louise Cooke’s Genealogy Gems YouTube channel:

Special Episode: The End of FamilySearch Microfilm Lending Program

Change is something we can always count on, but that doesn’t make it any easier, does it? Understanding why the change is happening, how it affects you personally, and what you can do to adapt, does. So, when FamilySearch announced the end of their long-standing microfilm lending program, I immediately sought out the key expert who can answer these questions for you. 

The End of microfilm lending at FamilySearch

 

FamilySearch’s Goal for Microfilm and the Family History Library

It seems like only yesterday I was interviewing Don R. Anderson, Director of the Family History Library about the future of the library and FamilySearch. Back then, in 2009, he made the startling statement that their goal was to digitize all of the microfilms in FamilySearch’s granite vault. (Click here to listen to that interview in my Family History: Genealogy Made Easy podcast episode 16.) Fast forward to today, and we see that in less than ten years that end goal is within sight. We are also seeing the ending of a service nearly every genealogist has tapped into at some point: the microfilm lending program. Family historians have been able to place orders for microfilm to be shipped to their local Family History Center where they could then scroll through the images in search of ancestors.

On August 31, 2017, this service comes to an end.

Fear of the Unknown

It’s sort of scary to see this come to an end before every last roll of microfilm has been digitized and put online (just head to social media to read some of the concerns). It’s definitely been comforting to know that the records you need are just an order form and two weeks away.

I have always found that being armed with information helps alleviate fear, and so upon hearing the news, I reached out to FamilySearch to arrange a special interview with Diane Loosle, Director of Patron Services at FamilySearch. In this special Genealogy Gems Podcast interview, we take the time to really comb through what the end of the microfilm lending program means for you, and what your options are for records access going forward. I’ve been anxious to get this information into your ears and hands, and have spent the entire weekend producing this episode and transcribing it for you.

The Interview: The End of the FamilySearch Microfilm Lending Program

Lisa: One of the constant challenges for genealogists is gaining access to genealogical records that they need for their particular family history research. I imagine that you’ve had that challenge yourself. Thankfully, since 1938 the FamilySearch organization has been microfilming records around the world. They’ve been making these records available through the Family History Library in Salt Lake City, and through a tremendous lending program with their Family History Centers located worldwide. And that may be where you’ve gotten your hands on a couple of microfilms and records over the years. But of course, as the Internet has been more accessible over the last two decades, this is changing the landscape of record access. So more and more we are gaining access to digitized records online, and this has led to a really big change in the long-standing microfilm lending program.

Guest: Diane Loosle

I’ve invited Diane Loosle, the Director of Patron Services Division at FamilySearch, to talk about the change that’s occurred, what it means for you, and what your record access options are going to be going forward. Diane, thanks so much for joining me today.

Diane: I’m so happy I could come, and thank you for inviting me.

The Reasons Microfilm Lending is Coming to an End

Lisa: I imagine that you’ve been very busy with the changes. I know that the last day of the microfilm ordering was August 31, 2017. And you know FamilySearch has been digitizing records for years, so we are going to be shifting from microfilm to digitization. Why is right now the time that the change is happening, where you’re actually discontinuing the physical microfilm lending?

Diane: This is such an exciting time Lisa. We’ve been looking forward to this day for many, many years because when you think about the fact that you can get access to these images immediately in your home, for the most part – there are some that you have to access through a center or library, but the majority are in your home – that’s pretty wonderful. And so we are moving to a place where all of our fulfillment for your needs for your records is going to be digital and that’s what this change is all about.

So the reason that it’s happening now is that, a couple of different reasons. First, we have moved through a lot of the microfilm and have had those digitized and they are up online. So it was a good point with that.

We’ve also seen a huge drop in the orders of microfilms. So there’s not very many being ordered now, so that kind of lined up.

And then also our supplier. We have a single supplier for vesicular microfilm, and I think that’s important to understand that we’re talking about a certain type of microfilm because we use that type to make the copies and send them out to you. We have a single supplier, and that supplier has been kind of raising prices and giving us the indication that they would rather not be in that business. And so with all those things together, and the fact that we would like to take the resources that we are currently using to duplicate films, and send them out, and ship them and all of that, we’d like to take those resources and move them towards bringing you more records digitally.

It seemed like the right time to make this decision to finally finish it. Now we do have some of the collection that has not been completed of course, and I think that’s what’s causing most people concern is, “What happens? Can I get access to that during this time that you are still finishing it off?”

Lisa: Exactly, and you know I have visited the distribution center for your lending program, and it was massive and it looked really complicated. And then when you add on the idea that the access to the actual film itself is changing.

FamilySearch Microfilm System 2

I just got a camera from my uncle, and it’s got 25-year-old film in it. It took me all day to find a local store that could develop it for me!

So, it’s like a perfect storm of a lot of technological changes, which is exciting, because as you said we can access things from home.

Digitization and Publishing Limitations

I know that when it comes to the microfilm that you guys have, the goal has been to digitize all of it. But explain to folks what the limitations are in terms of, do you have the rights to lend it, do you have the rights to digitize and put up online everything that you have microfilmed?

Diane: Right. So we are always limited by the rights associated with the collections because the record custodians stipulate those when we do the agreements. And in microfilm, we’ve been circulating things. Our intention is to circulate digitally everything possible legally for us to do. And that’s the majority of the collection.

Now in the process of doing this, what’s happened over the years is that laws have changed around Data Privacy, particularly in Europe and some other locations around the world. And as we’re going through and reviewing all of these, you can imagine these thousands of contracts for this process, we’re discovering that there are some that because of the changes in the Data Privacy laws, they really should not have been continuing to circulate because of those changes.

So those would then in the future be restricted because of the Data Privacy issues. And those are usually very modern records, those that have living people in them.

So there will be a set of records that maybe you could have gotten on microfilm previously that you would not now be able to get digitally. But that’s because they shouldn’t have been in circulation anyway because of the data privacy changes. But for the most part, what we’re circulating microfilm-wise you will have access to digitally.

Now, about 20% of the collection you have to access through the Family History Library, or through a Family History Center or affiliate library because of the contracts we have. And that was also true with the microfilm of course, and now it’s true with the digital images as well, based on the contracts, so there will be a certain set that is in that category.

Family History Center Affiliates

Lisa: Help us understand what affiliate centers are.

Diane: Affiliates don’t have to return the film they have. Affiliates are usually public libraries or Family History Centers in an LDS chapel. Local leadership will decide. So if they keep them, you can still access them. And the Family History Library in Salt Lake City will maintain a large microfilm collection as well. Go to familysearch.org and in the right corner, you’ll find the Get Help link (and click Contact Us). Search by zip code for affiliates near you. They will appear on a map. Libraries have extended hours compared to Family History Centers.

get help link FamilySearch

The best way to find out where the films are still located, both physical and digital, is the FamilySearch Card Catalog. Many people aren’t that familiar with the card catalog. Look for the Camera icon, then click to go to the document image.

camera icon FamilySearch

Lisa: Let’s dig into that a little bit. So we’re talking about, you mentioned the term “affiliate centers” and I know that there are some locations which aren’t technically affiliates. Can you help define that for us? How do we figure out, before we make the jaunt over to the local family history center if that’s one that actually can still have some of the microfilm. Help us sort that out.

Diane: So if you go to any center or affiliate library out there, and I’ll tell you how to find those in just a minutes, they can keep whatever film they already have on hand. There’s nothing that’s saying that they need to send it back. Now that is dependent on decisions made at the local level. So, you know, the leadership of either the affiliate library, which is normally in a public library, or a family history center which is often in an LDS chapel, the local leadership there will make a decision about, you know, the film and what happens to them in the future, but we’re not asking them to send them back. So you’ll still be able to access them. And the library here in Salt Lake will maintain a large microfilm collection as well. So, it will still be available that way.

Now the way that you find these locations is if you go into FamilySearch, up in the right-hand corner there’s a Get Help link, and the Get Help link lets you get in touch with us. And then you can search actually using your zip code to find which centers and affiliate libraries are near you, and both will appear on the map that appears. So, uhm, you can find out which ones are near your location.

The affiliates are, as I said, often public libraries, so they may have extended hours beyond what the family history center might have because the family history center is often as I said in a chapel and manned by volunteers. And so they may not have as many hours as your affiliate libraries may have.

Diane Loosle quote

How to Identify Where the Films are Located

Lisa: So whatever they may have had on hand when the lending program came to an end, they had the option to decide if they were going to hang onto it, or if they were going to send stuff back. There’s going to be some just at the Family History Library in Salt Lake City. Do we go into the card catalog to identify where the existing films are still located?

Diane: Yes, so the best way to find out what’s available both digitally and where the films might be physically located is through the FamilySearch Catalog on familysearch.org. So if you go to Search on FamilySearch, and then Catalog, you can look up your location, look up the records your interested in, and it will tell you where those can be found.

FamilySearch card catalog

Now, if it’s available digitally, and actually most people I’ve talked to where they would have this concern about “oh goodness, I’m not going to have access to my films!”, when I’ve talked with them, and we’ve looked them up, their records were already available digitally, they just didn’t know it. So, if you go in the catalog and look it up where it lists the microfilm, there will be a little camera icon out to the right-hand side, and if you see that little camera icon, you can click on that and that takes you straight in to the digital images for that record.

Now we publish those, we do about digitize about 1,500 microfilms a day at the vault. And we publish those pretty immediately up on to the website through the catalog. You will not find those through the Historical Records part of FamilySearch under Search Records. They’re just through the catalog, so there’s a much larger collection available through the catalog than what you see in the Historical Records section.

How Films are Prioritized for Digitization

Lisa: When we get notifications, I know I get your press releases and such on the new records that are coming out, does that include those? Because we do publish every Friday kind of a run down for all of our listeners out there, what the newest records are that are coming online.

Diane: It does not currently. That publication only includes things that are published online in the  Historical Records section of the website. However, with this change, we’re looking to change that so it will include those being published to the catalog. Now the challenge with that is the volume! Because 1,500 films a day is a lot.

And these films, because the way that we did this initially, we prioritized all of the films that had been ordered in the last five years to make sure that those were available digitally, so it’s been kind of piecemeal a little bit.

So, you might have two or three films in a full collection that have been digitized and the rest maybe not, at this point, and so trying to help you understand what is and is not available through that publication. We’re still working through the details. But the intention is, as we go forward, will be to prioritize filling in those collections where maybe one or two films have been digitized and the rest have not yet. We will go through and make sure the whole collection has been digitized. And then we are going to introduce a process where you will be able to let us know if there is a film that you absolutely need. You can let us know, and we will work that into our prioritization and try to get that to you as quickly as we can. You know if you think about how long it took to get a microfilm to be delivered to you once you ordered it, you can think about it’s kind of the same time frame when it might then be available to you digitally.

How to  Request that a Microfilm be Digitized

Lisa: How could they be contacting you to make that kind of request?

Diane: We are working on that process right now, trying to finalize it. So there’s kind of two options we’re looking at at the moment: One, you would contact us through our support line, the Help Line. The other is that we would just have a form up that you would fill out. Now the form is going to take more time to get established and up. So we may go out of the gate with not as ideal of a process, but we want to make sure that we can let us know, so we’ll be clear about what that is as we get closer to September 1st.

Lisa: When we get into the catalog, have you already flagged which ones are going to have restrictions, they are just not going to be able to be digitized? Because I think some people might be thinking “Maybe I should just hold on and wait, over the next couple months maybe they’ll get to this one, I’ll put in a request.” But I imagine that’s going to be a big job if you have to go in and try to flag every single one that you know you’re not going to have the rights to digitize. Tell us how you’re going to deal with that.

Diane: Well, that has not occurred and would be pretty impossible to do at this stage, just because of the volume of what we’re dealing with trying to go through. We’re doing it as we go to digitize the films. And so, we discover it as we go, as opposed to knowing it ahead of time.

Lisa: So if they put in a request, you pull it out, go ‘OK well let’s look at doing this,’ and then realize, no, this one’s not going to be able to do it. Then at least they would get that information?

Diane: Yes, they would. Well, what would happen is we’re working on a way so that in the catalog you would be able to identify that. So for example, a request actually came from the community out there that we be able to distinguish if a record can be viewed in my home, or if I have to be at the facility to view it, or if there is some other restriction on it. And so, because of that feedback, we thought “So let’s see if we can figure out a way to help people understand that.” Now, these things probably won’t be ready right out of the gate. But we’re looking for ways to make it simpler for you to understand what the challenges are with the record that you’re trying to access.

Gaining Access to Microfilm and Some Restricted Digitized Records in Person

Lisa: Sure. So, if we’re looking online and we see a record, and it’s not been digitized yet, would we at this point, until you get more formalized processes going, would you still encourage people to get in touch with the Family History Library in Salt Lake City? What other options are they going to have to gain access?

Diane: So first what I would do is I would look, because we’ll maintain the film inventory, so we know where the films are located, so I would first look and see, is this film available somewhere near me? Or if I have an opportunity to come to the Family History Library, and the film is there, great. But, so first look and see if you can locate it, then you can let us know through the channels that we’ll have available to you what the film is, and then we’ll put it into the list to be prioritized to be digitized. But I would always encourage folks to look and see if they are located near where that film already is because that would be much quicker for them to get access to that.

Lisa: If Salt Lake City is the only place, then, of course, this really whittles down to the big fear of everybody, is “Oh that one film I’m going to need, it’s only going to be in Salt Lake City and I can’t get there.” What other kinds of options might a person like that have?

Diane: Well, so I think that there are some options available to them because we have a large group of professional researchers who come to the library every day, and those folks could probably be useful to you in looking up those records and getting copies of whatever is needed. So that’s one option that people could take to do that.

The majority of what we’ll have, I don’t think the case would be that the only place you can get it is the Family History Library. If we do have a fair number of collections that are in that category as we finish this process off, then we’ll look at ways to provide some access where we can. But that access would probably be in a digital way as well. So that would be my suggestion, that they reach out to those who are here every day and could take a look at that. And I think you know there are other websites where you can get access to professionals as well, or just good samaritans, you know, that want to help you out.

Lisa: Absolutely, and there are lots of those. Finally, are there any records that the people listening are going to completely lose access to?

Diane: The only ones that would be in that category is because of data privacy. So, if there was an issue with, you know, a law changed, that made it so that we could no longer provide access to those. But that would have been true in the microfilm world as well.

Lisa: Exactly. So really, it really doesn’t change in that respect. We’re not losing records, we’re changing up how we access them. And I think you’ve helped shed a lot of light on kind of what the process will be and it sounds like you have a big job ahead of you.

“We’re not losing records, we’re changing up how we access them.” Lisa Louise Cooke

Shifting Resources to Meet the Goal

Lisa: How quickly do you think it’s going to help once the lending process is let go of, that the resources start going to all of this other work now that you have to do on the digital side?

Diane: I think it will move pretty quickly for us to, you know, start to do more with the resources we have. For example, we’re collecting around three million images with three hundred camera crews out there, about a week. So, that’s a lot! And we want to shift a lot of resources. Another place we’d like to capture more is with Africa and the oral genealogies project that we have, and gain more access there. So, we’ll be shifting to those. And then, of course, the vault is moving at a pretty good clip already, with about 1,500 films a day, so I think we’ll be able to keep up pretty well with the demand that’s coming at us from people. But, we’ll evaluate that as we go, and determine if we need to boost up more there or not, to be able to move more quickly for folks.

Empowering Genealogists to Learn More

Lisa: Any other questions that I didn’t think about that you’ve been hearing online, in social media, that you’d love to give us some input on?

Diane: Well, we have had some questions from some of the affiliate libraries about how do they get the access? So that’s been happening online a little bit. And so we just want them to know that we’ll be reaching out to them via calling all of them actually, and helping them through this process of setting up the things that they need to technically to be able to get access to the images digitally. So that’s definitely something they should know.

The other thing is that we have a lot of people who don’t actually know how to use the catalog [laughs] because you know they’ve grown up in a search world, or looking at the historical records the browsable images, and a lot of people don’t understand that there’s a lot of different ways to access the records on FamilySearch. So you have Search, which is a very small percentage of the collection actually, compared to the whole, and then you have the Historical Records that are only browsable, and that you can go in and look at the images browsing, and then you have everything that’s been published through the catalog. So there’s kind of three places that they need to look. So I think that’s the biggest piece I’ve seen: people just don’t know. They’re not aware of where to find those things. And you know eventually, it will be nice, maybe when those things come together. But at this point in time, they’re separate. And that’s because we wanted to ensure that you would maintain access. If we could just publish them quickly and maintain access for you, that’s the best in our minds.

Lisa: Absolutely! Well, I know that Sunny Morton here at Genealogy Gems is going to be joining us in future episodes talking more about just those different areas. And I love the way that you kind of laid it out for us because I think a lot of people weren’t that familiar with the differences. And she’s going to be helping us get a little savvier in that ongoing research.

Diane, thank you so much for taking time to visit with me, and to answer some of the questions. I know that you know that the emotions that run high are only because people are so passionate about family history, and they are so appreciative of what FamilySearch has done. It’s been an amazing resource that you guys provide to the public for free, which is just absolutely invaluable. And I know that I have a lot of confidence in where you guys are going because you always are out there looking forward. How far out into the future you guys look and you plan for is just phenomenal! It’s not just about us accessing records, it’s going to be for generations to come, and I love the fact that you guys are really laying the groundwork for that.

Diane: Well, thank you, Lisa! We are all about getting you access to records so that you can find your ancestors, and we will always be about that. I’m glad that I could come and help people to understand what’s happening and hopefully be a little less concerned about the change. I know it’s difficult, but it’s a wonderful change too.

Lisa: Thanks again Diane!

Diana: Thank you, Lisa!
Check out this new episode!

Family History Episode 21 – RootsMagic and Irish Genealogy Research

 

Listen to the Family History: Genealogy Made Easy podcast by Lisa Louise Cooke. It’s a great series for learning the research ropes and well as refreshing your skills.

Originally published 2009. Republished March 4, 2014

https://lisalouisecooke.com/familyhistorypodcast/audio/fh21.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 2008-2009. So many people have asked about it, I’m bringing it back in weekly segments.

Episode 21: RootsMagic and Irish Genealogy

Lacey Cooke guest-hosts this double-feature episode on two big topics in family history: RootsMagic genealogy software and how to get started in Irish research.

In the first segment you’ll from Bruce Buzbee, president and founder of RootsMagic Genealogy Software. He talks about his industry-leading software, RootsMagic, which you can try in basic form for free (RootsMagic Essentials) or purchase with all the bells and whistles (totally worth it!) for $29.95.

And in our second segment you’ll hear from Judith Wight. This is a very timely conversation since we are soon to celebrate St. Patrick’s Day and Judith is a professional genealogist whose specialty (and personal passion) is Irish research.  This is your chance to learn from a master about how to find those elusive Irish ancestors! Listen for her tips on finding Church of Ireland records, civil registrations, estate records and how history helps us understand gaps in the records.

More Irish Research Links!

Irish Genealogy

RootsIreland

 

 

 

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