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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Elevenses with Lisa is our little slice of heaven where friends get together for tea and talk about the thing that never fails to put a smile on our face: Genealogy!
The National Archives is a wonderful resource of unique genealogical records. Though the archives are closed, the website is open, and it’s a great place to search for records and prepare for future genealogy research trips.
The National Archives website and online catalog can be a bit mystifying. If you’ve ever tried to search it and wound up frustrated, you’re not alone. This is often the case because the nature of the archives and the search function of the online Catalog are not genealogically focused. Armed with an understanding of how and why it is set up the way it is, and the know-how to search, refine, and download documents, you’ll be ready to add it to your genealogy toolkit.
In this video episode and article, we’ll be answering important questions such as:
What kind of genealogy records can be found at the National Archives website?
Which genealogy records are not available at the National Archives?
How do I search for records at the National Archives online Catalog?
How can I retrieve only digital items from the National Archives Catalog?
How can I get better search results in the National Archives Online Catalog?
How do I download files from the National Archives Website?
What Kind of Records Can be Found at the National Archives Website?
To understand the types of records we can expect to find we must first understand the role and mission of the National Archives. Their role is preserving and making available only the permanent Federal Government records. Some have genealogical value.
These records are arranged as the agencies created them, so there is no master subject or name index.
While they have 110 million + digitized pages in the Catalog, this represents just a small fraction of the holdings.
The Catalog contains descriptions for their nationwide holdings in the Washington, DC area, regional facilities, and Presidential Libraries.
The Catalog currently contains descriptions for 95% of the records, described at the “series” level.
You can find basic information about the records, including size and location, from the catalog description.
The National Archives is regularly adding more file unit and item descriptions, many of which include digital files.
Some traditional genealogy records can be found at the National Archives such as:
Census Records
Passenger Arrival Records (Immigration)
Land Records
Military Personnel Records
Court records
Fugitive slave cases
Naturalization records
Federal employees
Applications for enrollment in Native American tribes
Most if these records are available in person. However, all National Archives locations have been closed since March 13, 2020 and remain so as of this writing.
Genealogy Records You Will Not Find at the National Archives
Because the following genealogy records are not created at the federal level, they would not be cataloged or found at the National Archives:
Birth
Marriage
Divorce
Death records
Deeds and wills.
To obtain these records, check with the appropriate state or county.
What to do before you search the National Archives Catalog online
Before you begin your online search:
Write down your research question.
Decide what topic you want to browse.
Think of possible ways your ancestor interacted with the Federal Government.
On the National Archives website they provide a great example of a research question that a genealogist might have and how it can lead to records.
QUESTION: Why did my ancestor have a significant decrease in net worth between the 1860 Census and 1870 Census?|
ASK YOURSELF: How might your ancestor have interacted with the federal government that could help explain this discrepancy?
RECORDS TO SEARCH FOR: The Bankruptcy Act of 1867 allowed many people to file for voluntary bankruptcy. The genealogists could search in the National Archives Catalog for bankruptcy AND [state where you ancestor lived during that timeframe] to see if bankruptcy records are available that could help answer the question.
How to Search the National Archives Catalog Online
There are three key types of searches you can conduct in the catalog:
Keyword searches
Filtered searches
Advanced search
Let’s start with a keyword search:
Go to https://catalog.archives.gov
Enter keywords in the search box in the center of the page.
(If you are looking for an exact phrase using two or more words, put them in quotation marks example: “bounty land”)
Press the magnifying glass button to run your search.
The results will be returned starting with best results at the top.
To view a description, click on the blue title.
You can use the filters on the left side of the results page to narrow down your results.
Refine your search results by type if you know the type of material you want. Example of material type include photos, maps, or textual records.
It’s important to remember that just because the item appears in the result does not mean that it is available online. Many of the descriptions don’t include digital images of the records.
How can I retrieve only digital items from the National Archives Catalog?
You can dramatically narrow down your search results to include only digital items that you can review from home. To do this, on the search results page, click on the filter Archival Descriptions with Digital Objects. This will revise your results list so that you will only see descriptions of items with images attached.
How can I get better search results in the National Archives Online Catalog?
It never hurts to try searching by name, although many record descriptions will not name the people who are named in the records. You can improve these searches by using quotes around the entire name, or just the surname. This will restrict results to only items that exactly matches what appears in the quotes.
You’ll notice that there isn’t a specific search field for names in the National Archives Catalog. Here are several additional search strategies you can use when searching for the names of people:
Search on the person’s full name in first name-last name order.
Search for last name – first name within quotes
Search on the surname only. Again you can use quotes.
Search on spelling variations using the search operator OR. This works well when searching name variations such as: Burkett OR Burkette.
Search on variant spellings of the first name, including “Americanized” versions.
Example: Joseph Maggio OR Guiseppe Maggio.
Again, keep in mind that most descriptions in the National Archives Catalog do not include the names of people mentioned in the record. If you know an individual participated in event, search for related keywords and look within the records. You will need to read them to see if your ancestor is mentioned.
Another way to improve your search results is to shift your focus from people to topics. This is strongly recommended by the National Archives. You are much more likely to get a greater number of results because people aren’t usually named in descriptions. Be sure to read the description carefully to see if the item will be helpful and worth requesting.
When searching topics, think about and make a list of relevant phrases and keywords. For example, when searching for Land Records, try searching for phrases such as:
How to Download Files from the National Archives Website
After clicking the description on the search results page you will be on the record page. If there is a digital image, it can be downloaded. Look below to see if there are additional pages. You can click to select the desired page and then click the download icon just below the image.
If you would like to download all of the images, look below the list of images to see if a compiled PDF is available. This will allow you to download and save all of the images in one convenient file.
The Record Group Explorer at the National Archives Website
The Record Group Explorer offers a unique way of visualizing and finding records at the National Archives website:
Allows you to browse NARA’s holdings by Record Group
Use it to get a sense of the scale and organization of records
Explore what is available online via the Catalog
Provides an overview of the digital scans available online within a Record Group: textual records, photographs, maps and charts, electronic records, and more.
Records are grouped by specific government agencies. Each group is represented visually in a section. The section is light blue, signifying the total volume of textual records. If a dark blue bar appears in the section, it is an indicator that some of the records are digitized. The percentage or number (depending on the view you select in the grey Record Group Explorer Tools bar across the top) of digital images will be shown.
If the section is green, that indicates that there are records online but they are not textual records. They may be items like photographs or films.
If the section is grey, there are no records available online at all.
Click a section to learn more about that Record Group and explore the records.
Record Group Highlight: Motion Pictures
The National Archives holds a surprising number of motion pictures. As you browse or search, focusing on topic will likely be more helpful than searching by name. Consider looking for your ancestors’ homes, businesses, military service, events and associated locations.
“A series of films: 306-LSS, a group of more than 400 black and white reels of stock footage that ended up in the hands of the United States Information Agency (USIA).”
Answers to Live Chat Questions
One of the advantages of tuning into the live broadcast of each Elevenses with Lisa show is participating in the Live Chat and asking your questions.
From Sue M.: Do they hold WPA and CCC records? From Lisa: Yes to both!
From Steve S.: Can you use the * and ? as search operators in the NARA catalog? Also thanks for de-mystifying this site! you have made it much more understandable. From Lisa: After the show Steve did some searching and found this handy page providing additional search tips and operators supported by the website. Thanks Steve!
From Michael R.: Are the Naturalization records in the National Archives different from those in local courthouses? From Lisa: I haven’t looked lately, but about 15 years ago I filed a Freedom of Information Act (FOIA) request and received my great grandfather’s federal naturalization paperwork. It included a photograph that was not included at the county court level.
From Lynnette B.: I had my parent’s old home movies put on DVD’s several years ago. What is the next step in making them more available? Adobe spark video? YouTube? I want to identify each person on them? From Lisa: An easy way to get started is by making Adobe Spark Videos (see episode 16) which is free and easy. Use the Titles feature to add text explaining who is who. Uploading them to your free YouTube account channel is a super easy way to share them.
Resources
Get My Free Genealogy Gems Newsletter – click here.
Here are the important system and records updates from industry leaders. Each new feature and record offers a new opportunity to learn more about your family history. Let’s get started!
MyHeritage Updates
MyHeritage announced an update their Related Records features on December 16, 2019. Here’s the latest from their blog:
“We recently revamped Related Records in SuperSearch™ to ensure that you don’t miss any important historical records that can lead you to new discoveries.
Related Records, previously known as Record Detective™, shows additional records or family tree profiles that might belong to the person or people featured in the historical record you are currently viewing.
The technology scans the record you’ve discovered in SuperSearch™ and matches it to our entire database of over 10.2 billion historical records and family tree profiles to locate related records.
For example, a birth record could point to a newspaper article about the wedding of the same person, where you could learn about new family members that you weren’t aware of.
To make Related Records more practical and ensure that you won’t miss them, we now show them in a convenient panel on the right-hand side of the record instead of below it.
Related Records are generated by MyHeritage’s record-to-record matching technology, and we’ve just re-calculated these matches, adding hundreds of millions of additional Related Records. This will open the door to many new and exciting discoveries.”
MyHeritage Records
MyHeritage has also been busy adding new records:
Germany, War Graves Index, 1902-1961
An index of 4,234,266 records
“This index of over 4.2 million records containing information on German soldiers and civilians who died in wars or military operations between 1902 and 1961.
Many of the records are for soldiers killed during World War I or World War II. While the amount of information in each record varies, the vast majority of records contain the following searchable data: first and last name, date of birth, date of death, and place of death. Some records also include birth place, burial place, and military rank.
The burial place is seldom recorded, but when available it can provide valuable information about the location of the grave.
While this is largely an early 20th-century military death index, many women are present in this collection.
In the case of soldiers who went missing, the date of death field may refer to the date on which they went missing. Similarly, the place of death may refer to the place from which they went missing.”
Australia, Military Lists and Awards
An index of Australian military rolls.
960,081 records
United States, Index of Burials, 1900-2019
An index of records from various cemeteries located in the United States.
492,002 records
Australia, Index of Burials, 1900-2019
An index of records from various cemeteries located in Australia.
438,587 records
England & Wales, Prerogative Court of Canterbury, Index of Will Registers, 1384-1858
An index of wills proved before the Prerogative Court of Canterbury and other jurisdictions.
979,653 records
United Kingdom, Royal Navy Ratings’ Service Records, 1853-1928
An index of Royal Navy service records for ratings who entered the service between 1853 and 1928.
803,684 records
United Kingdom, Registry of Shipping and Seamen: Royal Navy Reserve Ratings’ Records of Service, 1908-1958
An index of service record cards of Royal Naval Reserves, mainly those who served during the First World War.
129,896 records
United Kingdom, Royal Air Force Officers’ Index, 1918-1919
An index of service records of those who served in the Royal Air Force (RAF) during the First World War (1914–1918).
101,411 records
United Kingdom, Royal Marines’ Service Records, 1842-1925
An index of service registers of men who joined the Royal Marines between 1842 and 1925.
112,012 records
United Kingdom, Index of Merchant Seamen’s Campaign Medals, 1939-1945
An index of 108,387 records
United Kingdom, Index of Merchant Seamen’s Campaign Medals, 1914-1918
An index of recipients of British War Medals, Mercantile Marine Medals, and Silver War Badges issued to merchant seamen and officers in the First World War.
157,424 records
United Kingdom, Recommendations for Military Honours and Awards, 1935-1990
An index of recommendations for military honors and awards between 1935 and 1990 to British Army personnel and army personnel from British dominions.
78,497 records
United Kingdom, Royal Navy Officers’ Service Records, 1756-1931
An index of service records for officers who joined the Royal Navy between 1756 and 1931.
66,686 records
United Kingdom, Royal Navy Volunteer Reserve Index, 1903-1922
An index of First World War service records for officers and ratings of the Royal Naval Volunteer Reserve (RNVR).
59,784 records
United Kingdom, Index of Death Duty Registers, 1796-1811
An index of 51,146 records
United Kingdom, Admiralty and War Office: Royal Naval Division: Records of Service, 1914-1919
An index of service records of ratings and officers in the Royal Naval Division (RND) during the First World War.
50,017 records
FamilySearch has also continued to add indexed records. Most are to existing collections, but some are new collections. Here’s what they announced on December 9, 2019.
SALT LAKE CITY, UT—New, free, historical records were added to FamilySearch.org from American Samoa, Brazil, Chile, Colombia, Costa Rica, England, France, Ireland, Italy, Netherlands, New Zealand, Peru, Puerto Rico, South Africa, Venezuela and the United States.Over 800,000 records were added from the Cape Province of Africa(1895-1972.)
FamilySearch Adds Ability to Document All Family Relationships SALT LAKE CITY, UT (10 December 2019)
“The FamilySearch Family Tree now provides the ability for users to document all family relationships, including same-sex relationships.”
(FamilySearch) “encourages genealogical accuracy based on original source records and contains over a billion user-contributed lineage-linked records. Patrons are now able to document same-sex relationships, including same-sex marriages and same-sex adoptions.”
“When adding a spouse or parent to the FamilySearch Family Tree, the user can now add a spouse or parent of the same sex. The Family Tree mobile app will also support this new capacity after users install the necessary updates.”
