You’ve heard of “burned counties,” a phrase used to describe places where courthouse fires or other disasters have destroyed key genealogy records? In this episode, a listener presents the problem of her burned city?Chicago.
Your DNA Guide Diahan Southard shares some of the latest buzz about DNA health reports you can get with your DNA tests for family history?and some opinions about them
News from the Genealogy Gems Book Club
Get-started Swedish genealogy tips from Legacy Tree Genealogist Paul Woodbury
The Archive Lady Melissa Barker shines the spotlight on archival collections that haven’t even been processed yet (and suggestions for getting to them)
Five years away from the release of the 1950 US census, Lisa has tips on researching your family in the 1940s and preparing for its release
Great news! Your genealogy society or group may reprint articles from Lisa Louise Cooke’s Genealogy Gems blog! Click hereto learn more.
MAILBOX: GENEALOGY GEMS BOOK CLUB
Shannonby Frank Delaney and Irelandby Frank Delaney
(Thank you for supporting the free podcast by using our links to get your copies of these books.)
Book Club Guru Sunny Morton recommends the novels of Frank Delaney, beginning with Shannon (and now she’s reading Ireland). Frank is a master storyteller, and family history themes wind throughout his stories. Tip: he narrates his audiobooks himself. They are well worth listening to! But they’re so beautifully written Sunny is buying them in print, too.
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. RootsMagic is now fully integrated with Ancestry.com: you can 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 https://www.backblaze.com/Lisa.
ARCHIVE LADY: UNPROCESSED RECORDS
As an archivist, working in an archive every day, I get very excited when someone walks through the door with a records donation in hand. Many of our archives would not have the genealogical and historical records they have without the generosity of others that make records donations. Archives receive donations of documents, photographs, ephemera, and artifacts almost on a daily basis.
Many archives have back rooms full of unprocessed and uncatalogued records collections. Sometimes they are even sitting in the original boxes they were donated. These records collections have not been microfilmed, they are not online anywhere but they exist and the genealogist needs to seek them out.
Images courtesy of Melissa Barker and Houston County, TN Archives.
Many times record collections haven’t even been processed yet but the archivist might let you look through a specific collection. Be prepared, sometimes the archivist doesn’t allow patrons to view unprocessed collections. But like I always say “It doesn’t hurt to ask!” The archivist should know what they have in those collections and should be able to help you decide if a particular collection will be of help to you and your genealogy research.
The answer to your genealogical question could be sitting in a box of unprocessed records. I like to always encourage genealogists to put “unprocessed records” on their to-do list. As genealogists, we should leave no stone or box of records, unturned.
DNA WITH DIAHAN: MORE DNA HEALTH REPORTS
Recently, Family Tree DNAoffered its customers a new $49 add-on product: a wellness report that promises to “empower you to make more informed decisions about your nutrition, exercise, and supplementation.” The report comes via a partnership with Vitagene, a nutrigenomics company.
How does it work? When you order the report, Family Tree DNA shares the results of your Family Finder testwith Vitagene and gives you a lifestyle questionnaire. According to the site, “this information, along with your DNA raw data results, will be analyzed using the latest research available in the areas of nutrition, exercise, and genomics. You can expect your results to be available on your dashboard within one week of purchase.”
At this point, the test is only available to those who have taken the Family Tree DNA Family Finder DNA test (we called to check with them specifically about those who transfer their DNA to Family Tree DNA, but the Wellness Report isn’t available to them, either). Those who qualify will see a Wellness Report upgrade option on their Family Tree DNA dashboard:
There are several components to the Family Tree DNA and Vitagene Wellness Report. The site describes them as follows:
Nutrition Report. “Personalized, actionable recommendations designed to help you reach your weight goals. Learn how your DNA affects traits such as obesity risk, emotional eating, weight regain after dieting, and more. Included Reports: Obesity Risk, Alcohol Metabolism, Cholesterol Levels, Triglyceride Levels, Lactose Sensitivity, Gluten Sensitivity, Emotional Eating, Weight Regain After Dieting, Fat Intake, Sodium Intake.”
Exercise Report. “Outlines the optimal physical activities for your body to start seeing better results, faster. Included Reports: Power and Endurance Exercise, Muscle Strength, Muscle Cramps, Exercise Behavior, Blood Pressure Response to Exercise, Weight Response to Exercise.”
Supplementation Report. “Reveals which deficiencies you are more inclined to suffer from and recommends a supplement regimen that will help keep you healthy and feeling 100%. Included Reports: Full Supplementation Regimen, Vitamin D Intake, Vitamin A Intake, Folate Intake, Vitamin B12 Intake, Iron Intake.”
And what about your privacy? According to Family Tree DNA’s Q&A, “Your data is 100% secure and protected by industry standard security practices. We will not share your information without your explicit consent.”
This is just one of many services that are cropping up or will crop up in the future to offer additional interpretations of our DNA test results. (23andMe was the first major company in the genealogy space to offer these. Click here to read about their health reports, and click hereand hereto read about the company’s long road to FDA approval.)
Essentially, each DNA test you do for family history looks at a certain number of your SNPs, or little pieces of DNA (not your entire genome, which is costly and isn’t necessary for genetic genealogy purposes). A nutrigenomic profile compares your SNPs with SNPs known to be associated with various conditions or ailments. (These genetic markers have been identified by researchers, many in academia, and deposited in ClinVar, a large, publicly-accessible database that itself is part of an even larger genetic database, SNPedia.) In this case of Vitagene, they are likely mining ClinVar for specific places in your DNA that pertain to nutrition, and were also evaluated as part of the Family Finder test.
Of course, many factors affect your health, nutrition, exercise capacity, and other wellness indicators, not just your genes. The purpose of reports like these is to give you just one more piece of information to weigh personally or with your health care provider.
When considering whether to purchase a nutrigenomics report such as this, I’d look carefully at what’s promised in the report, as well as the company providing it and the cost. Vitagene does also sell vitamin supplements, so they have a clear motivation to tell you about what supplements to take. And, for your information, Vitagene also offers this $49 health report for AncestryDNA and 23andMe customers.
Of course, if it is health advice you want, for only $5 you can turn to Promethease.com and receive a health report?based on any testing company’s autosomal DNA report?that includes some nutritional factors. (I’ve blogged recently about Promethease and another inexpensive recommendation for DNA health reports.Click here to read it!) Or, I will just tell you right now, for free, without even looking at your DNA: Exercise more and eat more green vegetables and less ice cream. There. I just saved you some money. You’re welcome.
GEM: COUNTDOWN TO THE 1950 CENSUS: 5 TIPS
Get a copy of a census record for yourself or a relative (1950-2010). This costs $65 per person, per census year. In addition to genealogy uses, census records are legally-recognized documents to prove your identity, citizenship or age if you’re applying for a passport and you’ve lost your birth certificate or other situations like that. Order it through the “Age Search Service” offered through the US Census Bureau.
Post-WWII draft registrations: Click hereto order copies of draft registration records for men born 1897-1957. Requires full name of applicant, address at time of registration (tip: get it from a city directory).
The Genealogist’s Google Toolbox by Lisa Louise Cooke (there’s an entire chapter on YouTube) Available at the Genealogy Gems Store.
Follow-up your discoveries with Google and YouTube search questions. Example: You find your grandmother working as a telephone operator in the 1940s in a city directory. What would her job have been like? Search YouTube:
In this episode, I chat with Angela Walton-Raji, expert in U.S. and African-American research, about tips for interviewing relatives and taking your African-American family tree back to the era of slavery.
Other highlights of this episode include:
A RootsTech 2017 recap, with info on archived streaming sessions;
Great news from Findmypast about its new Catholic Heritage Archive;
A ground-breaking study from AncestryDNA that identifies specific migration patterns among genetically-related clusters of people;
Follow-up mail from Lisa’s Episode 200 celebration;
An expert Q&A on finding relatives who don’t appear in the census where you expect them to;
A teaser clip from the upcoming Genealogy Gems Book Club interview with Annie Barrows, author of The Truth According to Us.
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.
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: ANGELA WALTON-RAJI
Angela Walton-Raji instructs the African-American Genealogy Research Essentials webinar.
Angela’s oral history questions: What to ask your elders
Did they happen to know anyone who had been born a slave when they were a child?
Who was the oldest person that you remember when you were a child? And did that person ever talk about anyone who may have been enslaved?
What do you know about where the family was from? (Were we always from Georgia, or, were we always from Pennsylvania, or was there a time when we came from another place? (Read more about the Great Migration she mentioned.) Why did we move? Who remembers that journey?
Were people involved in the Civil Rights movement, in the Garvey era, with the Freedom Riders, or other important events in their lifetime? What kinds of things did they see?
Who in the family participated in the military (in World War II, I, the Spanish-American War)? African-American military units through the mid-20th century were still referred to as Buffalo soldiers. (She mentioned the Triple Nickel, a unit of all-black World War II paratroopers.
Lisa Louise Cooke uses and recommends RootsMagic family history software. From within RootsMagic, you can search WebHints on FamilySearch.org, Findmypast.com and MyHeritage.com. Soon RootsMagic will also be able to search records and even sync your tree with Ancestry.com, too.
EXPERT TIP ON FINDING ANCESTORS “MISSING” IN CENSUSES
Read their Q&A: Kate Eakman takes on a Gems listener question from someone who has already done a lot of work trying to locate a relative in the 1940 U.S. census
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.
There is no doubt that this is an exciting time to be a genealogist. Here at Genealogy Gems, we are announcing new record collections online every month, advances in genealogy databases and their ability to retrieve the information we are looking for, and of course, DNA testing. There really has been no time in history where such a wealth of information about our past has been so readily available to so many.
In another ground-breaking development in the DNA world has been a recent publication in a scientific journal by the scientific team at AnccestryDNA. It is titled, “Clustering of 770,000 genomes reveals post-colonial population structure of North America.” Or, in more understandable terms, “Your DNA can tell us where you came from in America in the last 500 years.”
Wow, right? So how did they do this?
Well, the power really is in the numbers. In this particular paper they used 770,000 people, but now that they are approaching having testing 4 million people, you can bet the same principles will be applied to a larger data set and we will see even more as a result. But even though it takes a large data set to accomplish this, it really all still comes down to the relationship of two people.
To start, Ancestry determines how just two people are genetically related. Then they find how those two are related to a third, again, looking only at pairs of people. This goes on and on and on until everyone in the group as been compared. Then we use a graph to plot those relationships, with those more closely related clustering around each other. Then the real key, the point where we see the marriage of genetics and genealogy: they add in the family history information for each of these individuals in the cluster. What they found was astounding. They have displayed the data in Figure 3 in the paper:
Distribution of ancestral birth locations in North America. Summary map from Nature Communications; click to see article with full explanation of map data. Image used with permission of Ancestry.com.
It is a map of the United States with colored dots scattered across the landscape. The location of the dots corresponds to the genealogy of those tested, while the color of the dots relates to their genetic clustering. Those who clustered closest together are the same color. The result is a nearly perfect rainbow, with each color holding its respective spot on the map, with very little overlap between groups. (There are actually two maps in the paper, just to make things easier to see.)
We might be tempted when looking at the maps to think, oh, well, of course there is a large population of European Jews in New York, everyone knows that, no breakthrough there. But it IS!! This isn’t their family history, or their accent or their culture that is telling us this, it is their genetics!
As if that wasn’t exciting enough, further on in the paper they describe how we can trace migration patterns of different groups over just a few generations. In the paper they specifically mention French Canadians and Cajuns/Acadians, but this same principle can theoretically be applied to dozens of other groups.
For example, let’s say you have an ancestor in Texas about 4 generations ago, but you aren’t sure where she came from. If technology like what is published in this paper ever reaches your testing company, your DNA could tell you that you fit into the Lower South group, meaning that your ancestor likely hails from, well, the South!
This is just a glimpse into what the advances in genetics are bringing to your genealogy toolbox. So hang on to your hats, and keep tuned in here at Genealogy Gems for all of the latest updates.
It’s the summer of 1938, and wealthy young socialite Miss Layla Beck is now on the dole as a WPA worker, assigned to write a history of the small town of Macedonia, West Virginia. As she starts asking questions about the town’s past, she is drawn into the secrets of the family she’s staying with and drawn to a certain handsome member of that family. She and two of those family members take turns narrating the story from different points of view, exploring the theme that historical truth, like beauty, is often in the eye of the beholder.
Annie Barrows is also the co-author of The Guernsey Literary and Potato Peel Pie Society. This novel takes place after World War II in a London recovering from the Blitz and an island recovering from German occupation. At the heart of Guernsey is an unlikely love story and the inspiring tale of a community that took care of each other in their darkest days with humor, compassion and good books.
Disclosure: This article contains affiliate links and Genealogy Gems will be compensated if you make a purchase after clicking on these links (at no additional cost to you). Thank you for supporting Genealogy Gems!
Has it been a while since you worked on your genealogy research? As passionate as we may be about genealogy, the reality is that a little thing called “Life” can get in the way!
Getting back into genealogy can actually be a bit daunting. Where did you leave off? Where should you start back up?
If it’s been months or even years since you had your hands in genealogy, you’re in the right place. In this video, we’re going to talk about how to pick up your genealogy after a hands-off spell so that you can quickly and efficiently get back on the trail of your ancestors.
Get your Genealogy Restart checklist in the Resources section.
And by the way, perhaps you haven’t taken a break, but you feel like you’ve gotten a little out of control and disorganized in what you’ve been doing so far. This process also works very nicely as a quick audit to help you get back on track.
How to Jump Back into Your Genealogy
Has it been a while since you worked on your genealogy research? As passionate as we may be about genealogy, the reality is that that little thing called life can get in the way.
In my case, my daughter got married earlier this year. There were plans to make, bridal shows to throw, and the wedding itself which meant planning a trip because it was a destination wedding. Needless to say, I didn’t work on family history for several months.
If it’s been months or even years since you had your hands in genealogy, you’re in the right place. In this article and companion video we’re going to talk about how to pick up your genealogy after a hands-off spell so that you can quickly and efficiently gets back on the trail of your ancestors.
Even if you haven’t taken a break, you might be feeling a little out of control and disorganized in what you’ve been doing so far. This quick genealogy audit can help you get back on track too!
Genealogy Restart Checklist
I love a good to-do list where I can have the satisfaction of checking things off and knowing that at the end of it I have accomplished something. Some of the things on this list may not apply depending on how long your genealogy hiatus has been. If that’s the case you get to check them off right away!
Step 1: Find Out Where You Left Off in Your Research
Do you remember where you left off the last time you were researching your family tree? If not, your search history is a great place to start. For example, if you used the popular genealogy website Ancestry.com you can pull up your past search history.
How to find your search history at Ancestry.com
At the Ancestry® home page you will see a box at the top that highlights the recently modified items in your family tree. According to one source at Ancestry.com, this “shows a list of last modified nodes in the tree. For a shared tree – any user who has access to the hint can modify the nodes and it will show up in that list. It (also) shows a hint leaf for the nodes that have at least one undecided hint.”
This could be a place to start, but I recommend reviewing Your Recent Searches if you want to pick up where you left off.
You’ll find your search history in the menu under Search. Click All Collections. Toward the top of the All Collections page you’ll see Your Recent Searches. It’s just above the map. You’ll see a few buttons listed for the most recent names you searched. Next, click the View All button to get a more comprehensive view of your activity history, starting with the most recent activity.
On the Recent Activity page, you’ll see the names you searched for and the details you included such as a place and time frame. Ancestry also tells you the date you ran the search.
Recent Search History page at Ancestry®
If you see searches in the list that you don’t need anymore, click the trash can button to delete them.
Notice over on the left that you are viewing Recent Searches, but you do have other options:
All Recent (activity)
Viewed Content (records you’ve viewed)
Viewed Collections (record collections you accessed)
All Recent provides the best overall picture of your past search history. This is a great tool for jogging your memory and helping you decide where to pick back up.
Review your activity history in your genealogy software.
You can also review your most recently activity in your genealogy database software.
In RootsMagic for example, in the menu go to Search > History or click the History tab at the top of the side bar on the left side of the screen.
Step 2: Identify Gaps that Need to be Filled
Many people enjoy focusing their research on their direct ancestors (grandparents, great grandparents, etc.) While you may have traced back many generations, you may have missed a few things along the way. This is a good time to start with yourself and work backwards through the direct ancestors in your family tree. Look for gaps in your timelines and information, and then start back up by researching to fill them in. Of course, you can also do with any relative that you want to learn more about.
Once you’ve identified the person you want to work on, create a research plan. If you’ve never created a research plan before, don’t worry, it doesn’t have to be complicated. You create and track it on paper, a spreadsheet or any number of notetaking programs. The important thing is that you identify:
your specific research question,
the records you think you’ll need to answer it
the locations where you think those records may be housed.
Step 3: Prepare for Genealogy Research Success Going Forward:
Since you’re picking your genealogy back up, this is the perfect time to check to make sure you’re set up for success going forward. These remaining items will help ensure that your new discoveries will be well-documented, organized, and protected from loss.
Genealogy software database
If you already have genealogy database software, open it up and see if there’s a newer version available. Look for Check for Updates in the menu.
If you don’t have a genealogy database software program on your computer, go get one now! We’re talking about a software program that you install on your computer. It’s a database specifically designed to record all the information you find. It keeps it organized and searchable, allows for source citations, photos, links, and more. It also gives you tremendous flexibility in running reports. This is something with which an online tree can’t compete. And most importantly all your data resides on your computer hard drive. This means it’s completely within your control and not subject to a paid subscription, or problems with a website such as the site being closed or sold off. The tree you build can be synced to an online tree if you wish to do so. Back in the old days (early 2000s) a database on your computer was the only option, and it remains your best option today.
Genealogy software is typically very affordable. You can even download Family Tree Builder at MyHeritage for free. If you’re willing to invest a few dollars there are several excellent programs to choose from such as RootsMagic, Family Tree Maker, Legacy, etc. I use RootsMagic but all of these programs have been around a long time and are great. The one you pick really depends which user interface you like, and to what extent you may want to sync your tree online.
If you don’t have a cloud backup program running on your computer, now is the time to get one. What’s the point of restarting your genealogy research if you’re going to risk losing everything if your computer is damaged or stolen? I’ve used Backblaze for years because it’s reliable, affordable, has an app, and automatically backs up all my files including video. There are several out there to choose from. The important thing is to pick one and get it installed on your computer. It will run automatically in the background, giving you peace of mind that your files are backed up offsite on the cloud in a secure location.
Status of Genealogy Website Subscriptions
Now that you have the tools you need to restart your genealogy research, it’s time to check genealogy websites. Did you have subscriptions to some of the popular genealogy websites like MyHeritage or Ancestry? Log in and go to your account to see if they are still active, and if they are, when they are set to renew. This will help you decide where to spend your time first. Start with the subscription that is up for renewal first. Then you can determine if you want to allow it to renew or cancel and try another genealogy website subscription to round out your research.
If you don’t have any current subscriptions, consider focusing first on familysearch, the largest free genealogy website. Then, depending on your research goals, you can select the paid subscription(s) that will support your research plan.
A Paper Filing System
While we don’t generate as much paper these days as we used to, some paper is inevitable. Don’t add to the paper clutter. If you don’t have a paper filing system in place, take a moment and set one up. Pick a filing system and stick to it. Then as you start your genealogy research you’ll always have a place to put things.
Filing Digital Content
The same goes for digital files as goes for paper files. Don’t jump back into your research without a filing system in place. It’s important to download the digital records you find so that you have access to them even when your subscriptions run out. Avoid a messy computer and commit to a digital filing system and filing name convention.
Were you citing your sources consistently when you last worked on your family history research? If not, STOP EVERYTHING and watch my video Source Citations for Genealogy. Citing your sources will save you headache down the road. You may discover that a previous conclusion was incorrect, and you’ll want to review the source where you got that information. A downloaded record usually doesn’t include specific details as to where you go it. Going forward, as you download records and add the details into your database be sure to also add the source citation.
With this in mind, familiarize yourself with the source citation tool in your genealogy program. If it looks daunting, don’t panic. Head to the menu and click Help, and then search for source citation. There you’ll find the instructions you need to once and for all get a handle on how to cite sources in your software.
Now’s the Time to Restart Your Genealogy
Don’t let the passing of time stop you from getting back into your favorite hobby. By following this checklist you will quickly get back into goal-oriented research and exciting discoveries about your family.
Federal court records are wonderful because they are so packed with genealogical information. But knowing which records are available and where to find them can sound daunting, and that stops many genealogists from ever tapping into them. In this episode our aim is to fix all that. Professional forensic genealogist Michael Strauss is here to pull back the curtain and introduce you to these valuable records.
You know Michael from our Military Minutes segments here on Genealogy Gems. He also recently introduced us to descendancy research on Genealogy Gems Premium Podcastepisode 174. The response to that episode was terrific. Many of you wrote in to say that it opened up a new avenue of research for you. This episode promises to do the same.
The Federal Court System of the United States was established under the Judiciary Act of 1789 (1 Stat. 76) on September 24, 1789. Click here to read more about the role and structure of the federal courts at the United States Courts website.
Trial Courts of the United States. Their jurisdiction include:
These courts began at different times dependent on the geographic area and when the states were created.
Originally established in 1789 as three courts and later expanded to nine courts by 1866. Circuit Courts have jurisdiction over all matters (especially criminal) covered by Federal Law. Abolished in 1911 and taken over by District Courts.
Circuit Courts of Appeals:
Established under the Federal Court System by an Act of Congress on March 3, 1891 (26 Stat. 826), by acquiring the appellate jurisdiction of the U.S. Circuit Courts and later the U.S. District Courts. They have different geographic jurisdictions than the regular federal courts.
It is recognized as the highest court in the United States operating as an appeals court. Although a criminal case may have first been heard at the local level, it may have escalated to a federal court. Therefore, there could be federal records on that case.
Application for the Genealogist:
Michael has found that some of the richest records in the federal court system have come from the criminal court records. Our ancestors did get into trouble upon occasion. Michael’s grandfather was arrested in the 1940s and he was able to obtain those records.
Searching for Federal Records
Is it worthwhile to head to the National Archives and generally search to see if an ancestor has records? Or is it best to identify a case first, perhaps through a newspaper article, and then go to the National Archives location that would have the records for those identified cases?
No one is wasting their time going and searching the records. It’s a great way to get familiar with them. However, identifying a case through other records first can lead you quickly to the federal records. (Michael first found his grandfather’s case in a newspaper article.)
Types of Federal Court Records:
Dockets: Lists of cases heard by the court. Sometime referred to as court calendars.
Brief daily accounts of all actions taken by the court.
The specific judgments or orders of the court. An example would be an order granting citizenship.
Legal document arguing why one Party should prevail on a case.
When a Defendant obligates themselves to engage in activities in exchange for suspension of sentence. Frequently seen in Criminal Court.
All the loose documents relating to the case bundled together.
How to Find Records at the Archives:
Review the finding aid
Request the Index and find the name and corresponding file information
Request the record
An appointment is not required. They will pull the records as you request them. Record groups are pulled at different times. For the most part you will have the opportunity to view the original documents.
The National Archives is set up by record groups, such as:
Records of the U.S. Court of Claims – RG 123 (Claims against the US. Individual citizens could actually file claims against the US)
Request the individual record groups separately.
Bankruptcy Acts were passed by Congress usually after business disturbances or financial recessions.
Bankruptcy Act of 1800
This act followed the business disturbances of 1797.
The first national bankruptcy act was approved on April 4, 1800 (2 Stat, 19.) It provided for an effective period beginning June 2, 1800 and continuing for 5 years.
It applied only to merchants or other related parties. The act provided for compulsory or involuntary bankruptcy, but not for voluntary bankruptcy. Because of its limited applicability the act was repealed on December 19, 1803, just months before its expiration date.
Bankruptcy Act of 1841
This act followed the business panic of 1837.
The second national bankruptcy act was passed on August 19, 1841 and was to take effect on February 1, 1842.
The law allowed voluntary bankruptcy to all debtors, but limited involuntary bankruptcy to merchants, bankers, factors (an agent or commissioned merchant), brokers, and traders.
It eliminated the requirement of the consent of the creditor for a discharge. The bankrupt filer, however, could obtain his discharge through a jury trial if the jury found that he had surrendered all his property and had fully complied with the orders of the court.
Bankruptcy Act of 1867
This act followed the post-Civil War recession of 1866-1867.
On March 2, 1867, Congress approved the Nation’s third bankruptcy act to assist the judges in the administration of the law, the act provided for the appointment by the court of registers in bankruptcy.
The registers were authorized to make adjudications of bankruptcy, to hold and preside at meetings of creditors, to take proofs of debts, to make computations of dividends, and otherwise to dispatch the administrative business of the court in bankruptcy matters when there was no opposing interest.
In cases where opposition to an adjudication or a discharge arose, the controversy was to be submitted to the court.
Bankruptcy Act of 1898
This act followed the business panic of 1893 and the depression that followed. We are currently under the umbrella of this fourth act.
In 1889 The National Convention of Representatives of Commercial Bodies was formed to lobby for bankruptcy legislation. The president of the Convention, Jay L. Torrey, drafted a new Bankruptcy Bill otherwise known as the “Torrey Bill.”
In 1898 Congress passed a bankruptcy bill based on the previous Torrey bill. This Act also called the “Nelson Act” was passed July 1, 1898, (Ch. 541, 30 Stat. 544.) It was the first United States Act of Congress involving Bankruptcy that gave companies an option of being protected from creditors. Previous attempts at bankruptcy law had lasted at most a few years. Its popular name is a homage to the role of Senator Knute Nelson of Minnesota.
Bankruptcy files are in the custody of the National Archives and now stored offsite at the National Archives branch in Kansas City, MO. Researchers should contact the Archives directly to conduct searches. Some indexes are still maintained at the regional archives.
Bankruptcy Records Examples
1) Two pages from the Bankruptcy File of Percival L. Strauss of Bethel Twp. Berks Co. PA. 1 Page is the petition and the second page is a page from “Schedule A” which lists the debt owed by the bankrupt.
Petition by Debtor: Percival L. Strauss
Schedule A – No. 3: Creditors Whose Claims are Unsecured (Percival L. Strauss)
2) Tintype of Percival L. Strauss-circa 1872 within a few years of filing Bankruptcy.
Percival L. Strauss. (Courtesy of Michael’s cousin Harry B. Strauss of Myerstown, PA)
Percival Long Strauss (Son of Benjamin Strauss & Rebecca Long)
Born: December 16, 1830-Upper Bern Township, Berks Co. PA
Died: Mohnton, Berks Co. PA
Married: April 9, 1855-Bethel Township, Berks Co. PA to Malinda Smith (12 Children)
May 18, 1867 (Page 3, Column 6), in the Berks & Schuylkill Journal newspaper the entry reads: “P.L. Strauss of Bethel Twp. Berks County, PA Class #13 License paid $10.00 to conduct store (merchant).”
This is the business he had at the time of his bankruptcy filing on May 27, 1867 in Philadelphia, PA in the Eastern District of Pennsylvania.
Types of Information Found in Bankruptcy Records:
Lists of creditors (name, address)
Amount of money owed (the debt)
Specific information about the items for which the debt was incurred
Total dollar amounts
Follow the Federal Record Trail:
Information found could lead you to additional records. For example, if your ancestor filed for bankruptcy due to debts associated with his business, you could go back to the local level to look for records such as a business license, newspaper articles, etc.
Lisa suggests searching Google Books for digitized items such as county histories, almanacs, catalogs, merchant association books, etc. Here’s an example of a bankruptcy notice found in Google Books (which is free) for Michael’s ancestor Percival L. Strauss
Searching for Percival L. Strauss bankruptcy notice in Google Books
Bankruptcy notice (Oct. 9, 1868) found in Google Books
Bankruptcy Act of 1841 – Edgar Allen Poe filed bankruptcy in 1841.
Bankruptcy Act of 1898 Act – Dean Martin in New York
Amendments to the most recent bankruptcy act include:
1933: The “1898 Bankruptcy Act”
Amended to include railroad reorganization, corporate reorganization, and individual debtor arrangements.
1938: The “Chandler Act”
Amended the earlier 1898 Bankruptcy Act, creating a menu of options for both business and non-business debtors. Named for Walter Chandler.
1978: The 1898 Bankruptcy Act
Replaced by The Bankruptcy Reform Act. This Act is still used today.
Writs of Habeas Corpus:
Habeas corpus is a court order from a judge instructing a person who is detaining another to bring the detainee before the court for a specific purpose.
It was often used during the Civil War for soldiers under the age of 18 years and in reference to runaway slaves.
Writs can be found in most case files. They usually involves a petition, transcript, order, and the writ when ordered by the Judge. Contact the National Archives regarding RG19 for records pertaining to this set of documents and indexes.
Fugitive Slave Act:
The Fugitive Slave Act of 1850 was passed by the United States Congress on September 18, 1850 as part of the Compromise of 1850. It was one of the controversial acts passed down by law. Runaway slaves could be returned with the help of the Federal Government.
Records can include:
Documentation of ownership
Records are typically found in the court of original petition and the court with jurisdiction over the area where the slave escaped. Search under the slave holder’s name.
The Confiscation Act of 1862:
Passed by an act of Congress on July 17, 1862, the full title is “An Act to Suppress Insurrection, to Punish Treason and Rebellion, to Seize and Confiscate the Property of Rebels, and for Other Purposes.”
This Act gave the power to take the land and businesses of persons who served the Confederacy. Records include case files include; petitions, orders of the court, proofs of public notice, and notices of seizure
Example: General Robert E. Lee. The act covered land under Union Control. Lee lived in Northern Virginia, and his home was confiscated. The file has a complete inventory of his house. The location is now the Arlington National Cemetery.
Federal Criminal Records
Criminal records could include cases covering:
Assault and Battery on the high seas
Conspiracy to over through our government
Carrying on a business without a license
Not paying taxes
Records were created:
at the federal level
at the local level – local court at the county level
1790: The first national act created a two-step process:
Declare your intention to become a citizen
File your petition for citizenship
Your ancestors may not have finished the process, and they may have filed both at local and federal levels.
Petition for Naturaliztion
Resource: The Family History: Genealogy Made Easy Podcast
Episodes focusing on the Naturalization process include:
This episode begins a 3-part series on U.S. immigration and naturalization records. Learn about passenger arrival lists in the U.S., little-known certificates of arrival and naturalization records: how to find them and what’s in them.
Thank you to Michael Strauss for contributing to these notes and sharing his expertise!
This free podcast is sponsored by:
MyHeritage.com is the place to make connections with relatives overseas, particularly with those who may still live in your ancestral homeland. Visit www.MyHeritage.com
Lisa Louise Cooke uses and recommends RootsMagic family history software. Visit www.RootsMagic.com
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