The Genealogy Gems Podcast Episode 199 with Lisa Louise Cooke
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In this episode, Lisa celebrates Canada’s 150th anniversary with Claire Banton from Library and Archives Canada. You’ll also hear how Lisa will be marking another anniversary in 2017: the 10th year of this Genealogy Gems podcast.
More episode highlights:
An inspiring follow-up email from Gay, whose YouTube discovery Lisa shared in episode 198, and a great conference tip from Barbara just in time for RootsTech.
Genealogy Gems Book Club Guru Sunny Morton announces the new Book Club title.
Your DNA Guide Diahan Southard shares thoughts about DNA testing with kids.
JOIN THE CELEBRATION! 10th ANNIVERSARY AND 200th EPISODE
You’re invited to send in well-wishes and win a chance at a prize!
Lisa will be live-streaming FREE sessions the marked session via the free Periscope app. Get it in Apple’s App Store or Google Play. Sign up for a free account and follow Lisa Louise Cooke to tune in. Sign up for notifications in Periscope, and your phone will “ping” whenever Lisa starts streaming! Broadcasts stay in the Periscope app for 24 hours. Like and follow the Genealogy Gems Facebook page to hear about more streaming sessions!
NEWS: FAMICITY KICK-STARTER
Famicity is a free, private website for families to share pictures, videos, memories, family activities and the family tree. The company has been very successful in France where it was launched, and the founder is working to bring the new English platform to the United States. He’s launched a Kickstarter campaign to support their U.S. launch. Click here to support it.
Lisa Louise Cooke uses and recommends RootsMagic family history software. From within RootsMagic, you can search WebHints on FamilySearch.org, Findmypast.com and MyHeritage.com. Soon RootsMagic will also be able to search records and even sync your tree with Ancestry.com, too.
Keep your family history research, photos, tree software files, videos and all other computer files safely backed up with Backblaze, the official cloud-based computer backup system for Lisa Louise Cooke’s Genealogy Gems. Learn more at http://www.backblaze.com/Lisa.
MAILBOX: YOUTUBE DISCOVERY FOLLOW-UP
Remember the YouTube success story from Genealogy Gems Podcast episode 198? Gay as a young woman attended a dedication ceremony for the saline water treatment in Freeport, Texas?and with Lisa’s tips she found video footage on YouTube.
Gay wrote back to send us more about that, including this page from her diary that day and this news clipping. Check out the news clipping to see why that plant was so important, Pres. John F. Kennedy gave the dedication speech. (See what newspapers can tell you?!)
INTERVIEW: CLAIRE BANTON, LIBRARY AND ARCHIVES CANADA (LAC)
Claire Banton obtained her Masters of Library and Information Studies degree in 2006. She has worked in Reference Services at LAC for 10 years, where she has enjoyed learning something new every day. She is currently Chief, Orientation Services, where she works with an awesome team who help people search for information. She loves being an information detective and helping people overcome their research challenges.
There was no border control from the US to Canada prior to 1908, so there are no Canadian records of earlier crossings. [Tip: see border crossings to the US, 1895-1956 at FamilySearch.org and Ancestry.com.]
It’s the summer of 1938, and wealthy young socialite Miss Layla Beck is now on the dole as a WPA worker, assigned to write a history of the small town of Macedonia, West Virginia. As she starts asking questions about the town’s past, she is drawn into the secrets of the family she’s staying with?and drawn to a certain handsome member of that family. She and two of those family members take turns narrating the story from different points of view, exploring the theme that historical truth, like beauty, is often in the eye of the beholder.
Click here to read an introduction to using WPA records for genealogy.
I was talking with a fellow mom the other day about all the demands that are placed on kids’ time today. They have school and homework, many have after school sports and clubs, religious meetings, some have jobs or at least chores at home, not to mention all the time required to text, check social media, and hang out with friends. As parents and grandparents, we want our children to spend time on things that matter, things that will prepare them for their future lives and mold them into their future selves.
According to a 2010 study out of Emory University, if we want to encourage kids toward an activity that will positively impact them, we should steer them toward family history. The researchers reported that “children who know stories about relatives who came before them show higher levels of emotional well-being.”
Now, I know I don’t need to convince you of this. You are already sold on genealogy. But I share this in the hope that it will push you over the edge and this will erase any hesitancy you have about sharing this love with your children and grandchildren.
Now, since you know this is me, the genetic genealogist talking, you can probably guess what I’ll suggest for getting kids interested in family history. DNA testing is a great way to personally and physically involve them. First of all, there is the tangible process of taking the sample at home, and the marvel at how such a simple act can produce the amazing display of our ethnicity results.
Since each of us is unique, it will be fun for them to compare with you and other relatives to see who got what bit of where. This will naturally lead to questions about which ancestor provided that bit of Italian or Irish, and wham! You’ll be right there to tell them about how their 5th great grandfather crossed the ocean with only the clothes on his back, determined to make a new start in a new land.
If there are parts of the ethnicity report that you can’t explain, use that as a hook to encourage them to start digging and to find out why you have that smattering of eastern European or south east Asian. Taking them for a tour of the DNA match page you can show them how they share 50% of their DNA with their sister (whether they like it or not!) and how they share 25% with you, their grandparent!
DNA test results give kids a totally unique look at their personal identity with technology that is cutting edge. Looking at their DNA test results can turn into a math lesson, a science lesson, a geography lesson, a lesson on heredity or biology, a discussion on identity?wherever you want to go with it! DNA is the perfect introduction to the wonders that genealogy can hold, especially for children who are so good at wondering.
Click here to learn more about Diahan’s series of how-to videos, available to Gems fans for a special price. Or start your DNA journey with the guide that will help you get started with kids’ genetic genealogy:
Disclosure: This article contains affiliate links and Genealogy Gems will be compensated if you make a purchase after clicking on these links (at no additional cost to you). Thank you for supporting Genealogy Gems!
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 Podcastepisode 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.
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.
Trial Courts of the United States. Their jurisdiction include:
These courts began at different times dependent on the geographic area and when the states were created.
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.
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.
Brief daily accounts of all actions taken by the court.
The specific judgments or orders of the court. An example would be an order granting citizenship.
Legal document arguing why one Party should prevail on a case.
When a Defendant obligates themselves to engage in activities in exchange for suspension of sentence. Frequently seen in Criminal Court.
All the loose documents relating to the case bundled together.
How to Find Records at the Archives:
Review the finding aid
Request the Index and find the name and corresponding file information
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.
The National Archives is set up by record groups, such as:
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 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.
Petition by Debtor: Percival L. Strauss
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. (Courtesy of Michael’s cousin Harry B. Strauss of Myerstown, PA)
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
Searching for Percival L. Strauss bankruptcy notice in Google Books
Bankruptcy notice (Oct. 9, 1868) found in Google Books
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:
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:
Assault and Battery on the high seas
Conspiracy to over through our government
Carrying on a business without a license
Not paying taxes
Records were created:
at the federal level
at the local level – local court at the county level
1790: The first national act created a two-step process:
Declare your intention to become a citizen
File your petition for citizenship
Your ancestors may not have finished the process, and they may have filed both at local and federal levels.
Petition for Naturaliztion
Resource: The Family History: Genealogy Made Easy Podcast
Episodes focusing on the Naturalization process include:
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.
Thank you to Michael Strauss for contributing to these notes and sharing his expertise!
This free podcast is sponsored by:
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
Lisa Louise Cooke uses and recommends RootsMagic family history software. Visit www.RootsMagic.com
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