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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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.
Start creating fabulous, irresistible videos about your family history with Animoto.com. You don’t need special video-editing skills: just drag and drop your photos and videos, pick a layout and music, add a little text and voila! You’ve got an awesome video! Try this out for yourself at Animoto.com.
This episode celebrates the most recent family history there is: our own. A chat between host and producer Lisa Louise Cook and Gems editor Sunny Morton explores the meaning and memories behind heirlooms hanging in Lisa’s bedroom. They comment on the larger value, for self and others, of recording our own memories in honor of Sunny’s new book, Story of My Life: A Workbook for Preserving Your Legacy.
Also in this episode:
A spotlight on new marriage records online for the U.S. and around the world.
Lisa walks a listener through several tips for learning more about her immigrant ancestors (a mother and daughter). Lisa shows how to use today’s technology tools to help with traditional research skills such as locating passenger lists, immigrant society records and naturalization.
Your DNA Guide Diahan Southard talks about organizing your DNA matches so you can get the most out of them.
Genealogy Gems Book Club featured author and Victorian lifestyle expert Sarah Chrisman describes what it’s like in her home–which doesn’t use electricity–as the days grow shorter and the darkness comes earlier.
NEW RECORDS ONLINE: Marriage Records
New York City Marriages: a new index to more than 3 million marriage licenses for recent New York City marriages (1950-1995)
Free FamilySearch marriage record collections recently added or updated include:
Learn more about marriage record research: Listen to Using Marriage Records in Family History: Episode 24 in Lisa Louise Cooke’s free step-by-step podcast, Genealogy: Family History Made Easy.
BONUS CONTENT for Genealogy Gems App Users: Finding Copies of Images Online with Google on Your Mobile Device
If you’re listening through the Genealogy Gems app, your bonus content for this episode is an exclusive step-by-step tutorial PDF that shows you how to use your mobile device and Google to locate copies of images online. Remember, the Genealogy Gems app is FREE in Google Play and is only $2.99 for Windows, iPhone and iPad users.
MAILBOX: Finding a Female Immigrant Ancestor
Question from Jo: “I have been fortunate to find information about most of my great-grandparents. I have hit a wall with my maternal great grandmother who immigrated from Switzerland to the US in the 1880s when she was 8 years old. I was hoping that by upgrading to International records on Ancestry that I could find the ship and where she and her mother came from. The curious thing for me is that she and her mother traveled solo to the US and went to Cincinnati, Ohio. I’ve been to Cincinnati and have searched there and have found directories with addresses but no profession is listed like other people. I didn’t find any ship records either. Where might you suggest that I look or search to find more information?”
Tips for searching passenger arrival lists:
Consider what ports would have been the most logical point of arrival for an immigrant ancestor based on the time period and the U.S. location in which you find them. Cincinnati, Ohio, was reachable by rail by the 1880s from major ports, as well as by water via the Mississippi River for southern ports, so that doesn’t narrow things down much. According to an Ancestry.com article, more than 80% of immigrants arrived at the Port of New York by the 1890s, so Jo might scrutinize those New York passenger arrival lists for the 1880s again.
For “deeper” searching at Ancestry.com or other sites with powerful, flexible search interfaces: do a “nameless search” (without any name) for girls around age 8 for arrivals in particular years. Try additional searches with various combinations of name, place of origin (Switzerland) or “Swiss” in the keyword field, which will bring up that word in the ethnicity or nationality column. That column doesn’t have its own search field in Ancestry.com but it is indexed, so use the keyword field to search it.
Research Swiss immigration to Cincinnati during that time period. Who was coming, why they were coming and where they were coming from? Click here for free tips about researching historical questions such as these.
Tips for researching records of immigrant societies:
In the U.S., the time between an immigrant’s arrival and naturalization is often documented in records of ethnic organizations such as fraternal benefit societies, immigrant aid and colonization societies. These kinds of community groups often existed in cities and towns where specific immigrant groups had a strong presence.
Become an expert Google searcher (for genealogy and everything else you want to find online) with The Genealogist’s Google Toolbox, 2nd edition, by Lisa Louise Cooke. Or click here to get started with basic Google search strategies you can use now.
Tips for researching naturalizations:
Naturalization records from that time period won’t reliably tell you where an ancestor was from. But they’re still worth looking for, especially if census or other records indicated that the person naturalized.
When looking for women’s and children’s naturalization records, remember that during this time period, they automatically became naturalized if their husband or father did, so individual records for married women and minor children won’t exist under their own names. But a woman could apply on her own, too. Click here to read a free article on women’s naturalizations.
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: 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/Lisa.
INTERVIEW: Sunny Morton on recording your own life stories
“Some people about writing their life stories like I do about going to the gym. I put off going, but once I do I remember how much I enjoy it?and how much good it does me.” -Sunny
Story of My Life: A Workbook for Preserving Your Legacy available as a writeable PDF ebook or as a full-sized softcover workbook
Featured Genealogy Gems Book Club author Sarah Chrisman describes what it’s like when the days get shorter and the darkness comes early?in a house without electricity.
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. Click here to learn more.
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Parents spend a good portion of their parenting time ferreting out the real story from their children. One time when Henry was in Kindergarten he was playing outside with another little boy. I was in and out of the house watching him and checking on other things. Hours later I noticed that his bike had been spray-painted black. When confronted, he claimed he had no idea how such a thing could have happened. Unfortunately, I jumped to conclusions and blamed the other kid (you have to give me credit, at six Henry was such a good boy and had such an angelic face with his blue blue eyes and blonde blonde hair). But as I was on the phone with my husband telling him about the issue I looked over at Henry and I saw it- that guilty look and my stomach sank, recalling the things I had said to the other boy’s mom. “I’ll have to call you back,” I told my husband.
As genealogists, we spend our time trying to ferret out the real story from our ancestors, or at least from the records they left behind, because they’re not sitting in front of us with guilty looks on their faces. We are constantly checking family stories against, say, the information on a census record, then comparing it to the family will, then making sure it all agrees with what’s in the military records. And even if we have total agreement, which isn’t always, more information often comes along, like in the form of DNA testing, and we may find even more apparent discrepancies.
I recently read an article in the Wall Street Journal about a reporter, Cameron McWhirter, who talks about finding just that kind of discrepancy between his family lore and his DNA. He even goes so far as to say, “I am descended, at least partially, from liars.” And he makes the point that “many immigrants reinvented themselves when they arrived here (the United States),” which could be a nice way of saying they had a chance to INVENT a new legacy, not just reinvent it. His assessments are certainly interesting, and worth reviewing, to help us see how DNA testing can affect the way we look at family stories and traditional research results.
McWhirter may be the classic modern genealogist, never having set foot inside a courthouse or scanned through microfiche, relying instead entirely, he reports, on internet research. Now before you roll your eyes, just stop for a minute and appreciate how exciting this is. Here is a man who never gave his family history a second thought, yet because of the death of his parents started to tinker around a bit, and then due to the large volume of information online “was quickly pulled into the obsessive world of modern genealogical research.” I say, score one for the genealogy world!
What he found was that while his dad was proudly and solidly a self-proclaimed Scot, the records and DNA revealed his heritage was actually from Ireland and eastern Europe. McWhirter says that his “father hated Notre Dame, but judging by my results he could have been one-quarter to one-half Irish. He spoke dismissively of people from Eastern Europe, but part of his genetic code likely came from that region.”
McWhirter’s evaluation of his genetic report includes only his ethnicity results, which as you can hear, were meaningful to him in the way they flew in the face of his father’s prejudices and assertions of his own identity. But the ethnicity results fall short of the point of testing for most genealogists. He might even more powerfully transform his sense of family identity if he took a look at his match list and saw an actual living cousin, for example, a third cousin perhaps who was also descended from his German great-grandmother, who maybe never mentioned that she was also Jewish.
Connecting with other cousins who also have paper trails to our ancestors serves to provide further confidence that we have put all of the pieces together and honored the right ancestor with a spot on our pedigree chart. It’s like we multiply our own research efforts by finding more people like us?literally?who are descended from the same people and interested in finding them. As long as they’re as diligent in their research as we are, of course.
At a recent conference I met a 5th cousin. Even with a connection that distant it was exciting, and it made we want to look again at our connecting ancestors and pause for just a minute to marvel how my DNA verified my paper trail back to them, and that part of them was around, in me, and in my new cousin. To me, THAT’s a bigger picture I want to see?when the paper trail comes together with the DNA trail and turns into real live cousins, even if they turn out to be a little different than the stories and sense of identity that were handed to us when we were young.
Maybe you’re something like Cameron McWhirter: you’ve taken a DNA test, been intrigued (or disappointed) by the ethnicity results, but haven’t yet fully explored all your matches on your list. I’m telling you, you may be seriously missing some opportunities. If that’s you, I may actually have written my new DNA quick guide just for you. It’s called “Next Steps: Working with Your Autosomal DNA Matches.” This guide will teach you how to leverage the power of known relatives who have tested. You’ll get an intro to chromosome browsers and their role in the search process, and access to a free bonus template for evaluating the genealogical relationship of a match in relationship to the predicted genetic relationship. This guide also gives you a methodology for converting UNknown relatives on your match list into known relatives, which is what we’re going for here.
So check it out, either as a solo purchase or as part of my Advanced DNA bundle.
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