Now when you discover an ancestor’s record on Fold3.com, you can save it to your online tree at Ancestry.com.
According to Fold3.com’s press release: “Whenever you see a green ‘Save to Ancestry’ button above a document or on a Fold3 memorial page, you can link that document or page directly to someone’s profile on Ancestry.”
“You’ll be asked to log into your Ancestry.com account, and then you’ll see a drop-down list of your trees. Locate the tree you wish to save the document to, begin typing the name of the person to whom the record should be attached, choose the correct name from the list that appears, and then press save.”
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!
Hear More from Michael Strauss: Genealogy Gems Premium Membership
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Thank you to Michael Strauss for contributing to these notes and sharing his expertise!
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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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This is a great opportunity to reach in and grab those WWII military records you may not have had subscription access to! Both my grandfathers served in World War, and so did one of my husband’s grandfathers, John Morton (pictured here).
According to a Fold3 blog post, “The WWII Collection, currently with over 72 million records, has a diverse array of resources to mine, whether you’re interested in historical aspects of the war or are searching for specific individuals who fought in it.” Popular databases in this collection include:
In this episode, Irish expert Donna Moughty joins host and producer Lisa Louise Cooke to talk about Irish genealogy to help you get a jump on yours before everyone starts talking about their Irish roots on St. Patrick’s Day next month! Also in this episode:
Your DNA Guide Diahan Southard has DNA news
Other listeners write in with inspiring successes
Michael Strauss musters in with tips on finding your ancestors in the five branches of the U.S. military.
Muffy in Seattle sent this link to her family history video. Great job!
Melissa asked about finding copyright-free music to add to family history videos. Lisa’s tips:
Unfortunately, free royalty-free music sites are few and far between.
You’re smart to be cautious because if you were to put your video on YouTube they have the technology to identify any song that is used that is a violation of copyright.
YouTube does make free music available:
Sign into YouTube with your Google account
Click on your picture in the upper right corner and go to your Creator Studio.
Upload your video (you can keep it private if you wish) and then on the video page click “Audio” (above the video title).
Choose among the many music tracks there.
Once you’ve added a track and saved it, you should be able to download the video with the music included.
The other source of music I use is music that comes with the programs I use (Animotoand Camtasia).
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.
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 https://www.backblaze.com/Lisa.
INTERVIEW: DONNA MOUGHTY ON IRISH RESEARCH
The following review appeared in the January 2018 newsletter of the Midwest Genealogy Center, Mid-Continent Public Library:
“If you want a quick guide on how to get started on Irish research, this short, four-page guide is an excellent resource. This guide will help you start your research in the United States, so you can figure out where in Ireland your ancestor came from. It is organized into 12 steps with helpful websites added. This guide is the first in the Irish Research Series by Donna M Moughty.”
Donna Moughty, shown left with Lisa Louise Cooke, is a professional genealogist and former Regional Manager for Apple Computers. She has been conducting family research for over 20 years. She teaches classes for beginners and lectures on a variety of subjects including Internet, Irish research, and computer topics. In addition, she provides consultations, research assistance, and training. She is a member of Association of Professional Genealogists and the Genealogical Speakers Guild.
Preparing for Success in Irish Records Research – Guide #1 (reviewed above): Without the right preparation, researching in Ireland can be frustrating! Before you jump the pond, start your research at home to determine a place in Ireland, as well as details to help differentiate your person from someone of the same name. This research guide will walk you through the process of identifying records in the US to set you up for success in your Irish research.
Irish Civil Registration and Church Records – Guide #2. Civil Registration for all of Ireland began in 1864, with Protestant marriages dating back to 1845. Even if your ancestors left before that date, they likely had relatives that remained in Ireland. Prior to Civil Registration, the only records of births (baptisms), marriages or deaths (burials) are in church records. This Reference Guide will explain how to use the new online Civil Registration records as well as how to identify the surviving church records for your ancestors in Ireland.
Land, Tax, and Estate Records – Guide #3 (NEW!). Had the Irish census records for the 19th century survived, Griffith’s Valuation, a tax list, would not be one of the most important resources for Irish researchers. Without any context, however, it can just seem like a list that includes lots of people of the same name. This Guide explains how and why Griffith’s Valuation was done, and how to use it to glean the most information about your family. Once you know your ancestor’s locality in Ireland, Griffith’s Valuation can place them on a specific piece of land between 1846 and 1864. After Griffith’s Valuation, the Revision Books allow you to follow the land and in some cases, to the 1970s, possibly identifying cousins still living on the land.
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.
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
Each of the military branches is listed below, detailing information about when each was organized and resources available to genealogists on your ancestors who served in any of these branches.
United States Army. The largest of the five military branches dates back to June 14, 1775, during the early days of the Revolutionary War. Prior to the formation of the Army, each colony had companies and battalions of Associators and local militia. With the war, the need for a professional standing army to fight the British saw the formation of the Continental Army.
With the end of the Revolutionary War, the Army disbanded in 1783 after the signing of the Treaty of Paris. Later in 1796, two legions formed under the command of General Anthony Wayne would later become the nucleus of the United States Army. The Encyclopedia Britannica published this nice article on the history of the Army from its inception to the present.
A number of excellent genealogical resources are available to search for ancestors who served in the United States Army since the beginning. These databases are found on Ancestry, Fold3, and Family Search. One of the largest collections of records covers the United States Regular Army enlistments from 1798 to 1914 (available by subscription at Ancestry.com). Searching the card catalogs of Ancestry.com, Fold3and FamilySearch will yield many databases that contain information about soldiers who served, and sacrificed their lives with the Army over the last two centuries.
United States Navy. The United States Navy dates from October 13, 1775 when it was officially established by an Act passed by the Continental Congress. At the end of the Revolutionary War it was disbanded, and again reestablished under the Naval Act of 1794 which created the Navy as a permanent branch of the military.
The history of the Navy and technology can be divided into two major eras. The earlier period, called the “Old Navy,” was the age of wooden sailing ships, and still later came the birth of the ironclads during the Civil War. The later period called the “New Navy” occurred with further innovations in late nineteenth century as the United States transformed into a global power recognized the throughout the world.
The United States Navy website has a nice background history of the service. Numerous databases and searches for records of the Navy covering multiple war period detailing pensions, continental sailors, muster rolls, ships logs, and cruise books are located on Ancestry.com, Fold3and FamilySearch. Consult each database individually for records of interest.
Another organization related to the Navy is the United States Merchant Marines. Although not officially a branch of the military, the Merchant Marines sacrificed and lost lives since the days of the Revolutionary War, carrying out their missions of supply and logistics during times of war. Here’s an excellent website on the history of the Merchant Marines.
United States Air Force. The modern day Air Force dates from September 18, 1947, when it was formed as part of the Security Act of 1947. The Air Force and aviation history began under the authority of the United States Army, starting on August 1, 1907 when it was organized under the name of the Aeronautical Division of the Signal Corps. Over the next 30 years the service changed names several times:
Aviation Section of the Signal Corps (1914-1918);
Division of Military Aeronautics (1918);
Air Service of the United States Army (1918-1926);
United States Army Air Corps (1926-1941);
United States Army Air Forces (1941-1947).
In that final year, it was separated as its own organization as it is known today. Click herefor a complete history of the Air Force from 1907 to the present.
Two excellent online sources covering the early history of the Air Force from World War I and World War II are located on Fold3:
United States Marines. This elite branch of the military began with the organization of the Continental Marines on November 19, 1775. The mission of the Marines initially comprised ship-to-ship fighting, security onboard naval vessels, and assistance in landing force operations. This mission would continue to evolve over the years. At the end of the Revolutionary War, the Marines were disbanded on October 4, 1783.
Along with the Navy, under the Naval Act of 1794, the United States Marines were again re-established and would serve faithfully in every major war period and in peacetime between conflicts. The Marines will forever remain true to their motto of “Semper Fidelis” or Always Faithful as they continue to live up to their long-running tradition of honor and service. Click here to watch an interesting and accurate history of the Marine Corps is viewable online on You Tube.
Coast Guard. The history of this seagoing service dates back to August 4, 1790. Established as the Revenue Cutter Marines under the direction of Alexander Hamilton, the name was changed in 1894 to the Revenue Cutter Service until 1915. That year, an Act of Congress was passed and signed into law by President Woodrow Wilson called the “Act to Create Coast Guard.” The United States Live Saving Service and Revenue Cutter Service came together. Later, in 1939, the United States Light House Service was added to form the modern day United States Coast Guard.
The complete history of the United States Coast Guard from 1790 is on the Historians Office. It includes information about each of the separate organizations that came together to form the Coast Guard at. Ancestry.com has a collection of casualties of the Navy, Marines, and Coast Guard. Very few additional online sources are available online for this branch of the service. Researchers must access these documents and records onsite at the National Archives in Washington, DC.
Military Minutes Case Study
By Michael Strauss
Subject: Russell Strauss
Died: December 27, 1981-Jonestown, PA
Son of Harry B. Strauss & Agnes S. (Gerhart) Strauss
Over the last 30 plus years doing genealogy research, I’ve discovered that nearly all of my family members who served in the military were in the United States Army. But I have been occasionally surprised to find relatives who served in other branches of the military.
On the paternal family several years ago one of my cousins gave me a box of photographs. One of the images was marked Russell G. Strauss. He wore the uniform of the United States Navy during World War II. I recognized his name and knew that he was my grandfather’s first cousin. I was 16 years old when he died and didn’t know him very well.
His uniform indicated that he was a third class petty officer in the Navy during the war. I looked further at his uniform and noticed a diamond shaped “S” as part of the insignia. This military occupation indicated that he was a specialist that would require further research. I spoke with a couple of my older family members who knew Russell. All of my family interviewed said that he in the military police (M.P.) during the war. With additional research, I discovered that his insignia was that of the Shore Patrol. When I compared what my family said to me and his uniform told me the information matched very closely.
I found on Ancestry his application for compensation from the Commonwealth of Pennsylvania in 1950 when he served in the Shore Patrol in Norfolk, Virginia as part of his military duty (inserted below). Putting information from his photograph together with what my family members shared with me helped answer questions I had regarding of my relatives.
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Lisa Louise Cooke, Host and Producer
Sunny Morton, Editor
Vienna Thomas, Associate Producer
Hannah Fullerton, Production Assistant
Lacey Cooke, Service Manager
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