Lisa Louise Cooke uses and recommends RootsMagic family history software. From within RootsMagic, you can search historical records on FamilySearch.org, Findmypast.com and MyHeritage.com. In the works: soon RootsMagic will be fully integrated with Ancestry.com, too: you’ll be able to sync your RootsMagic trees with your Ancestry.com trees and search records on the site.
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/.
INTERVIEW: DAVE OBEE
Continuing our celebration of Canada’s 150th birthday!
Dave Obee is an internationally-renowned Canadian journalist, historian and genealogist. Dave is a columnist for Internet Genealogy and Your Genealogy Today (formerly Family Chronicle). Dave has also written about family history for Canada’s History and Your Family Tree in the United Kingdom.
Read a companion blog post on English parish records, with several image examples and links to the resources Kate Eakman recommends.
Legacy Tree Genealogists provides expert genealogy research service that works with your research goals, budget and schedule. The Legacy Tree Discovery package offers 3.5 hours of preliminary analysis and research recommendations: a great choice if you’ve hit a brick wall in your research and could use some expert guidance.
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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.
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.
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:
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.
Record Groups:
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:
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)
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
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:
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:
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.
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!
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Thank you to Michael Strauss for contributing to these notes and sharing his expertise!
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“Mama arrived with 4 year old Martha gripping her hand tightly. She said she looked feverishly around for Papa, and spotted him across the room. She ran to meet him and gave him a kiss, which she normally would never have done in public!”
That was the scene my Grandma described as Louise and Gustaf reunited near a wooden column outside the Registry Room at Ellis Island aptly known as “The Kissing Post.” Many public displays of affection took place there after long journeys across the ocean.
Approximately 12 million immigrants were processed through Ellis Island between 1892 and 1954. It seems like only yesterday that the long dilapidated buildings were finally restored and reopened to the public. They have become one of the most popular tourist destinations in New York City, welcoming over 35 million visitors to date.
This month marks the 20th Anniversary of the Immigration Museum at Ellis Island which first opened on September 10, 1990.
According to a recent Ellis Island press release , “Just half a mile from the Statue of Liberty in New York Harbor, the museum’s exhibits highlight the growth of America during the peak immigration years of 1880-1924. The galleries illustrate the Ellis Island immigrant reception process, the immigrants’ arrival and settlement throughout the United States and feature their “Treasures From Home” – the cherished personal objects, photographs and papers they brought with them from their homelands. And the American Immigrant Wall of Honor® celebrates the immigrant experience with the inscription of the names of over 700,000 individuals and families who have been honored by their descendants.”
Of special note is the Ellis Island Oral History Archive, which was created by the Foundation and contains the reminiscences of over 1700 individuals who either immigrated through or worked at Ellis Island during its heyday as the country’s largest immigration processing center. If you are lucky enough to visit in person, you can listen to excerpts from these oral histories through the museum’s popular audio tour. You’ll walk the corridors vividly reliving the immigrant experience as if you were a “new arrival.”
If an in-person trip is not on your horizon any time soon, don’t fret. More than 1,700 first-hand life story audio recordings of Ellis Island immigrants are now available online for the first time free at Ancestry.com.
“As immigrants created new lives in the U.S., the stories of their homelands and their remarkable journeys to America were often lost,” said Christopher Tracy, senior vice president of global content for Ancestry.com. “We are thrilled to offer people the opportunity to hear the voices of their ancestors sharing stories of their lives.”
The oral histories were originally recorded by the National Park Service starting in the 1970s, and contain first-hand accounts recalling the lives these immigrants left behind, their reasons for leaving and their incredible and often-trying journeys to America. In addition to oral histories from immigrants, the collection also includes recordings from former Ellis Island/Statue of Liberty workers, and military personnel who were stationed on Ellis Island.
“To our family it is important that we in the U.S. know the origin of the people who came to this country, settled here and made it what it is today. It makes us very proud to know that our mother was part of this,” said Yvonne Rumac, daughter of oral history participant Estelle Belford, who immigrated to the United States from Romania via Ellis Island in 1905.
And if you are interested in learning more about your own immigrant ancestors here are some resources for you:
Ancestry boasts the world’s largest online collection of U.S. immigration records. www.ancestry.com/immigration.
(Comprised of more than 170 million records, the Ancestry.com U.S. Immigration Collection includes lists of passengers who immigrated by ship to America between 1820 and 1960, including those who came through Ellis Island; more than 7 million citizenship and naturalization records; border crossings, passport applications and more to help reconstruct our ancestors’ journeys and early lives in America. Ancestry.com has also added nearly 2 million new U.S. naturalization record indexes.)
The FamilySearch Wiki
A brain trust of some of the best researchers out there, the FamilySearch Wiki allows you to search on keywords to learn more about a vast array of topics including immigration. Much of the information comes from the experts who work at the Family History Library in Salt Lake City. You get the benefit of their immigration research knowledge from the comfort of your own home.
If your search at the EllisIsland.org website doesn’t retrieve your ancestors head on over to Stephen Morse’s One Step Pages. There you will find dozens of links to search resources including the Ellis Island Gold Form for arrivals between 1892 and 1924. Even the folks at Ellis Island refer researchers to Morse’s site. Listen to my interview with Stephen Morse on Genealogy Gems Podcast episode #10
Family History: Genealogy Made Easy Podcast Episodes on Immigration and Naturalizaton
Genealogist Steve Danko covers immigration and naturalization in depth in episodes 29, 30, and 31. Steve even offers up some little known tips about deciphering some of the crytic notes researchers often find on passenger lists.