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.

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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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How to Upload Your E-books to Your Own Google Play Books Library

These days we are all collecting more ebooks than ever before. We also have more devices than we’ve ever had before. Here’s a solution that gives you access to your ebooks from one convenient location no matter which device you are using. 

 

The Advantage of eBooks

While you may love the feel of the pages of a book rifling through your fingers, there is a distinct advantage to collecting many of your genealogical reference materials and books ebooks. They don’t take up precious shelf space in your house!

However, I don’t live in a digital fantasy-land. I’m keenly aware that there are some challenges you may want to avoid:

  • purchasing an ebook and downloading it to one device, and then trying to figure out how to access it on your other devices
  • corralling your ebooks from different sources all together
  • having to pay for an app or web service to manage them

Don’t Reinvent the Wheel

If you’ve ever attended one of my genealogy classes, or watched one of my videos, at some point you’ve probably heard me say that I use Google Books on a daily basis for genealogy. I don’t say that just because the service provides access to over 25 million books, many of them fully digitized and searchable, and downloadable. It also provides you with your own personal library. Let’s take a look at how Google Books and Google Play Books work together to make that possible:

Google Books is a free and powerful service that also allows you to have your own library within it called My Library. As you search for and find ebooks to aid you in your genealogical research, you can save them to your library.

Google Play Books, is sort of the other side of Google Books. It is a vast ebook store that includes a feature called My Books. When you purchase an ebook, it is saved to your My Books. However, it also includes all ebooks that you have saved to your Google Books My Library. Even better, it allows you to upload your own ebooks! This makes it a central clearinghouse for all of your ebooks.

Here’s the bottom line. Think of My Books and My Library as the same thing in two different places: a personal library for your free, purchased and uploaded ebooks. The only reason they have different names is because Google Books has evolved over time into a book store as well. Don’t worry about that. Just know that whether you are searching through Google Books, or shopping in the Play book store, your library is right there with you, no matter what device you are using.

How to Start Using your Google Play Books Library

To get started, all you need is a free Google account, which you very likely already have. Go to https://play.google.com/books and sign in. In the menu on the left, click My Books. If you have ever saved a free ebook to your My Library in Google Books you should now see it on your screen.

This library is a place where you can save, upload, and access your digital books from any mobile device. This means everything is conveniently in one place, and accessible from all of your computing devices, both Apple and Android. You’ll have the freedom to read your favorite books on the go, and to access your digital genealogy research library at the drop of a hat.

Yes, there are some other services out there that could also do the job. But if you’re like me and don’t want to invest the time to learn and pay for yet another tech tool, Google Play Books is a great solution, because we are already using Google Books for our genealogy research.

How to Upload Your Own eBooks to Your Google Play Books Library

Let me walk you through the simple steps to putting this free tool to work for you:

1. First, open your web browser and log in to your Google account.

2. Go to play.google.com/books.

3. Click Upload files.

 

Google Books Library

4. Select your ebook files from your computer folders, or drag them into the box shown. You can also click on My Drive to select files from Google Drive. You can choose epub documents or PDFs.

Now, let me stop right here for a second and distinguish between doing this on a computer, and doing it on a tablet or smartphone. What I’m illustrating here is on a computer. I always recommend when you purchase ebooks to download them first to your computer, regardless of whether you plan on uploading them to Google Play Books. However, if you do want to do this on a tablet, for example, there are currently two options from which to pull your ebooks:

  • “My Drive” which is Google Drive,  or
  • click “Select files from your computer” then tap “More” and select Dropbox.

Trust me, things will work more smoothly if you use your main computer as your hub for downloading, and then upload directly to your Google Books library.

Other things that are good to know:

  • It may take a minute or two to upload an entire book.
  • The cover will be the title page, not the actual dust-jacket cover you might be used to.
  • Currently, you can only search within books you obtain from Google (both free and paid), not the ones you upload.
  • You can upload 1,000 books into your Google Play Books library.
  • It’s private. Your books are only visible to you when you login to your Google account; you’re not sharing them with the world.

Google Play Books Library My Books

Your Google Books Library on Your Mobile Device

So now you have found free historical ebooks on Google Books (if you haven’t, take a moment and click here to read my article about using Google Books) and saved them to your Google Books My Library. Then, you uploaded your own ebooks and PDFs to Google Play Books. The final step is to jump on all of your smartphones and tablets and head to the app store. Search for Google Play Books and download the free Google Play Books app to each device. Sign in to the app with your same free Google account, and you’ll have access to all of your ebooks. Your library can now travel with you in your purse or tucked into your pocket.

In the app, tap the three horizontal lines icon in the upper left corner, and then tap My Library. You’ll find your ebooks sorted under the following tabs:

  • All Books
  • Purchases
  • Uploads
  • Samples

By tapping the three uneven horizontal lines icon in the upper right corner, in each category you can sort your books by:

  • Recent
  • Title
  • Author

Those Pesky Variable Formats

Google Drive and other tipseBooks come in several different formats. While I’m not covering in this article how to convert file types or deal with DRM protected books, there are resources available to help you do so.

The answer? Just Google It!

And if you need help figuring out how to effectively Google search, I have a book for that! The Genealogist’s Google Toolbox–the ultimate guide to using all of Google, including a full chapter on Google Books.

PDF – I Love You!

Many white-papers, scholarly works, and quick reference guides come in PDF format, and they upload like a breeze.

PDFs are so versatile, and they play ever-so-nicely with Google Play Books. It’s just another reason to love your Google Books library.

Stock Your Google Books Library

Are you feeling like your Google Books Library has room to fill? All of our quick reference guides are easy-to-upload PDFs, and all of the following genealogy resources are available as digital downloads in the Genealogy Gems store:

For a hand-picked list of novels and other great leisure reading for genealogy lovers, visit the Genealogy Gems Book Club page. I know you’re going to love our suggested best-sellers and best-kept-secrets about family, the search for identity, and fascinating stories in history.

 

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