Colonial Genealogy: Find Your Early American Ancestors

Early American Ancestors Research
Elevenses with Lisa Episode 33

Lindsay Fulton, VP New England Historic Genealogical Society NEHGS

Lindsay Fulton, VP New England Historic Genealogical Society (NEHGS)

In this episode we head back to 17th century New England with Lindsay Fulton of  the New England Historic Genealogical Society and AmericanAncestors.org

Lindsay Fulton is with American Ancestors and New England Historic Genealogical Society where leads the Research and Library Services team as Vice President. She is a frequent contributor to the NEHGS blog and was featured in the Emmy-Winning Program: Finding your Roots: The Seedlings, a web series inspired by the popular PBS series “Finding Your Roots.”

Watch the video and follow along with the show notes below as we cover how to get started researching our early American ancestors. Lindsay will also provide her top genealogical resources.

Getting Started with Colonial-Era Research

During this period of American history, New England includes:

  • Connecticut
  • Maine
  • Massachusetts
  • New Hampshire
  • Rhode Island
  • Vermont

To get started in Colonial-Era genealogical research, Lindsay says the first thing you need to do is put your ancestors into an historical context:

  • When did they arrive in New England?
  • Where did they migrate to?

Significant dates and events at this time include:

  • The Mayflower’s arrival in 1620
  • The Great Migration: 1620-1640, with the peak years between 1633 and 1638.
  • The Civil War in England, which slowed migration.

Turn to the book The Expansion of New England, The spread of New England Settlement and Institutions to the Mississippi Rover 1620-1865 by L. K. Mathews. Published in 1909 this important book includes 30 to 40 historical maps.

More Resources for 17th Century American Genealogy Research

Book: Genealogists Handbook for New England Research, 5th Edition. Edited by Michael J. Leclerc. This book includes important detailed information on towns, cities, and states. It will help you determine where to look for records during a given timeframe.

Resources at the American Ancestors website

  • AmericanAncestors.org > Town Guides  (Free)
  • AmericanAncestors.org/town-guides/ for New England

Early New England Finding Aids

Finding Aids provide a comprehensive list of all the available records for a person / family.

The first place to look for people settling in New England prior to 1700: New England Marriages Prior to 1700 by Clarence Almon Torrey. This book includes scholarship prior to 1962. Learn more about it here.

The next place to look: Founders of Early American Families by Meredith Colkert. Scholarship goes a little further than 1962 and ventures beyond New England. This book covers 1607-1657.

The next place to look: New Englanders in the 1600s, A Guide to Genealogical Research Published Between 1980 and 2010 by Martin E. Hollick. At the beginning of the book there is a key to all of the original sources. For example, TAG refers to The American Genealogist.

From Lindsay: “The thing about 17th century research, like a said at the beginning, the most studied people on the planet. So, don’t reinvent the wheel, don’t drive yourself crazy trying to find all of this information on your own. You have to stand on the shoulders of those who have come before you. There are all of these people who have done all this research before. Please look at first. Always look at with a little bit of hesitation because there’s always possibilities that mistakes were made. But at least take a peek at what’s already been done first!”

Colonial-Era Study Projects

The first example that Lindsay provided of a study project for early American ancestors is the Great Migration Study Project (searchable online database at AmericanAncestors.org)

  • Directed by Robert Charles Anderson, FASG
  • Started in 1988
  • Genealogical and biographical sketch for immigrants to New England from 1620 to 1640
  • Fourteen published volumes
  • Newsletter (bound versions available)
  • Tours and other educational programs
  • Searchable online databases

Published Volumes:

  • The Great Migration Directory, Immigrants to New England, 1620-1640
  • The Great Migration Begins: Immigrants to New England 1620-1633 (3 vols.)
  • The Great Migration: Immigrants to New England 1634-1635 (7 vols.)
  • The Pilgrim Migration: Immigrants to Plymouth Colony 1620-1633
  • The Winthrop Fleet: Massachusetts Bay Company Immigrants to New England 1629-1630
  • The Great Migration Newsletter, vols. 1-20
  • The Mayflower Migration: Immigrants to Plymouth, 1620

Those who are included in the study project:

  • If person appeared in a record
  • Direct or indirect implication of arrival
  • Appearance of an immediate family of a person known to have arrived

The second study project example was the Early New England Families Study Project

  • Directed by Alicia Crane Williams
  • Genealogical and biographical sketch for those who married in New England from 1641 to 1700
  • Grouped by year of marriage
  • Two published volumes
  • Searchable online database
  • New sketches posted online

Who is included:

  • Using Clarence Almon Torrey’s New England Marriages Prior to 1700 as guide
  • Anyone who married in New England in this time period and included in Torrey

Compiled New England Genealogies

There are millions of compiled genealogies available for early American ancestors. Lindsay discussed three publications (available in book form) that are state specific:

  1. Pioneers of Massachusetts 1620-1650 one of many book by Charles Henry Pope
  2. Genealogical Notes, or Contributions to the Family History of Some of the First Settlers of Connecticut and Massachusetts, by Nathaniel Goodwin
  3. Genealogical Dictionary of Maine and New Hampshire by Noyes, Libby, and Davis
New England Compiled Genealogies - Free Webinar

Example from a New England compiled genealogy.

Periodicals

  • New England Historical and Genealogical Register (published since 1847)
  • New York Biographical & Genealogical Record
  • The Mayflower Descendant
  • The American Genealogist
  • and more!

These can be searched on AmericanAncestors.org: Database Search > Select the Category Journals and Periodicals, and then scroll through all of the available items. They are fully searchable. You will be able to see the actual record. You can download and print the items.

Mayflower Research Resources

The Silver books and the Pink books done by the General Society of Mayflower Descendants. It’s looking at those passengers with known descendants. These are only available currently in book form. If you are interested in applying to the Mayflower Society, they accept these as original records. You can cite the pages. (Learn more about Mayflower related resources at American Ancestors.)

Mayflower Families 5th Gen. Desc.

  • Available at AmericanAncestors.org
  • Index of all the 5th Generation descendants,
    their spouses and children
  • 31 volumes in total.
    • Over 385,000 searchable names

Visit: Database List A – Z at American Ancestors.  

If you click Mayflower Families Fifth Generation Descendants, 1700-1880, it will take you to a search page where you can search by names and years, or search by volumes. It will bring up all of the available records.

General Society of Mayflower Descendants (GSMD) Membership Applications, 1620-1920

  • New – available soon. Only on AmericanAncestors.org
  • Contains all Mayflower Society Applications for applicants born before 1920. Approximately ~30,000 applications
  • All data indexed for each generation
  • Available to: American Ancestors & NEHGS Members, FamilySearch Affiliate members, and GSMD Members.

New England Genealogy Records

When doing New England genealogy research look for the following records:

  • Vital Records
  • Church Records
  • Cemetery Records
  • Probate Records Court Records
  • Town Records
  • Military Records
  • Notarial Records

Usually you’ll be looking at the town level. This is why you must know where your ancestors were living, and what the place was called at that time, and what the borders were.

Be sure to check out 17th-Century New England Research page at the American Ancestors website for more New England tips, tricks and strategies.

Answers to Questions about Early America Genealogy Research

You can schedule a consultation with an expert genealogist on staff at NEHGS.
Length: 30 minutes to 2 hours
Conducted over Zoom or over the phone. A recording is provided.
Contact: research@nehgs.org
Fee: $85 (members) or $105 (non-member)

More on Using the American Ancestors Website

Premium Podcast episode 177 (Genealogy Gems Premium Membership is required.) In this episode we explore the New England Historic Genealogical Society’s American Ancestors website with Claire Vail, Director of Creative and Digital Strategy for the New England Historic Genealogical Society.

Answers to Your Live Chat Questions About Colonial American Genealogy

One of the advantages of tuning into the live broadcast of each Elevenses with Lisa show is participating in the Live Chat and asking your questions.

From Susan W: Is there a source for Rhode Island? (I’m not sure if she was thinking about one particular resource you mentioned or generally. Perhaps she just needs a RI finding aid?)
From Lindsay: Yes! American Ancestors-NEHGS has a fantastic guide to Rhode Island research, which you can access with a free guest membership here.

From Cindy A: What percentage of the items you showed would require a paid membership?
From Lindsay: The majority of the databases shown are included as a benefit of membership with American Ancestors-NEHGS, but if you are interested in Colonial American genealogy, you should consider membership. We have hundreds of databases that will help you to discover more about your 17th and 18th Century ancestry. You can learn more about these databases (and books in the library) with a free guest membership.

From Sue M: What resource was Nathan Snow in. He’s related to my BATES family.
From Lindsay: Nathan Snow was included in the American Ancestors-NEHGS database, Mayflower Families Fifth Generation Descendants, 1700-1880. This database supports the following searchable fields: First and last name, Year, Record type, Location, Family member names: Spouse, Mother and Father (where available), Keyword – for names in the lineage text of direct descendants.

From Kathy M: Excellent. Can you comment on both land inheritance (i.e. did it follow English primogeniture) and on best sources for finding 1600 female ancestors’ family names.
From Lindsay: Alicia Crane Williams wrote a blog post about this entitled, Probate records: Part One, where she states, “for the most part, a testator could leave anything to anyone, unless they were dealing with colonies such as Virginia that followed the laws of primogeniture where all real estate was left to the oldest son. This did not apply in New England, although it was customary to follow the legal model of giving a double share to the oldest son. A legitimate heir who was left out of a will could potentially contest it in court, thus the bequests of one pound or one dollar to cover any claim that someone had been accidentally forgotten.” For more information about land inheritance in New England (and the U.S.), you should examine Wade Hone’s Land & Property Research in the United States. It is an excellent deep-dive into land records. As for female ancestors’ family names in the 1600s, I would recommend examining Torrey’s New England Marriages and Hollick’s New Englanders in the 1600s. Those are the two best places to start your search for the ladies in your family (I covered these in the episode too).

From Louann H: Suggestions for time period 1660-1776? 
From Lindsay: Many of the resources discussed during the presentation covered the 17th century, and would be your best bet for resources for 1660-1700. You can learn more about these databases (and books in the library) with a free guest membership. After 1700, there are few compiled resources similar to the Great Migration Study Project; however, you could start with a search of the American Ancestors-NEHGS Library catalog. We have thousands of published genealogies that may cover your family history in the first half of the 18th Century.

From Jane C: This has been wonderful, doing Mayflower research. What are Notarial Records?
From Lindsay: Notarial records are a private agreement written by a notary in the form of a contract. Some of the most common ones are marriage contracts, wills, estate inventories, leases, and sales contracts. While they were not common record keeping practices in New England and New York, notarial records were plentiful in Quebec. You can learn more about them by watching our free webinar called Navigating Notarial Records in Quebec.

News You Can Use: Google Photos Update

Google Photos is currently the home of more than 4 trillion photos and videos of users around the world. According to Google, 29 billion new photos and videos are uploaded every week. They just announced that starting June 1, 20201 “all new photos and videos backed up in High Quality will count toward the free 15 GB of storage that comes with your Google account or any additional storage you may have purchased, the same way other Google services like Google Drive and Gmail already do.”

Watch Elevenses with Lisa episode 23 to learn more about Google Photos.

Google Photos for beginners

In that episode we discuss that “High Quality” is the slightly compressed version of images and videos and “Original” quality are full size, uncompressed images and videos. In the past you could upload “High Quality” for free.

All “High Quality” content uploaded before June 1, 2021 is exempt from counting against your storage. On that date they plan to launch a new storage management tool that they say will help you easily identify items you’re currently storing that you may want to remove if they are low quality or otherwise unwanted. This will help you reduce the amount of storage you use.

If you don’t want to pay for additional storage, here are some tips:

  • Use Google Photos as a tool for specific projects rather than a complete storage system.
  • Turn off auto-sync of your photos from your phone and other devices.
  • Carefully select and manually add images and videos.

Resources

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Please leave a comment below:

  • Do you have a question?
  • Do you have a favorite 17th century resource?
  • Do you have New England success story?

Please share in the Comments below.

How to Customize Chrome’s New Browser Tab for Productivity and Inspiration

We probably spend more time staring at our web browser than we do staring into the eyes of our loved ones. Since that’s the case, wouldn’t it be nice to be looking at a browser tab that not only makes you more productive but also inspires you? Well, you can and today I’ll show you how in the Chrome browser. 

how to customize the chrome browser New Tab

Plain Jane Chrome Browser Tabs

Normally when I click the plus sign on the right end of my browser tabs it opens a new tab that isn’t much to look at:

New Chrome browser tab not customized

(Image above: Clicking the Plus sign opens a new browser tab.)

Well, recently I have been customizing the “New Tab” on my Chrome web browser, and the results have been helpful and enjoyable.

Now I find myself smiling each time I open a new browser tab. There, looking back at me, are ancestors. They are happily picnicking in a meadow under shady trees. They look relaxed in their white cotton shirts, sleeves casually rolled up, and glass bottled soda in hand.

Chrome new browser tab with custom image

(Image above: Chrome new browser tab with custom image.)

This sepia tone photo was taken early in the 20th century. It not only inspires me to keep up the genealogical search I am on, but also to take a chill pill when I hit a stubborn research brick wall.

Keep reading and I’ll show you how to add your own custom image to Chrome’s New tab. 

Benefits of Customizing Chrome’s New Tab

My New Tab features more than just an old family photo. It also increases the speed of my online navigation by serving up the websites I need and use most often.

Notice the website shortcut icons I’ve added to the bottom of the page (image below.) With one click I’m on my way to search for historic newspapers at the Library of Congress Chronicling America website, or peruse the latest records at MyHeritage. 

Website shortcuts in the Chrome brower

(Image above: Website shortcuts)

Customizing the New tab on your Chrome web browser can also increase your search speed.

Notice the suggested related searches that fall between the search query box and the customized website shortcuts. Google has the ability to suggest additional searches based on my most recent previous search.

related searches suggested in Chrome's New Tab

(Image above: Related searches suggested in Chrome’s New Tab.)

So why would this be beneficial?

Envision yourself conducting a Google search for a particular record collection. You receive the search results, and several look promising. You may even click through to one of those results and start reviewing the page. But as you read, it occurs to you that there may be a better way to state your query that could deliver better results. Or perhaps you wonder if you’re using the best terminology. 

Rather than losing the search you’ve already run (and that website you’ve already started reading), you open a New web browser tab. With a customized New Tab, Google will start you out with some suggestions for additional searches. These aren’t just random. Google takes into account the most popular type of searches on the topic and the terminology or keywords that it has determined would retrieve good results. 

Is it perfect? No. But suggested related searches can give you a jump start, and lead you to results you might not have otherwise found.

Google’s Customization versus a Browser Extension

Now before I show you how to customize your New Tab, you may be wondering why I’m not just using a browser extension to do the customization.

Yes, there are a variety of Chrome browser extensions that allow you to change the New Tab page. But the answer to this question comes down to security. Browser extensions have the potential to leak your private information. It’s always best to stick with the Google customizations if possible.

Since we don’t spend that much time on the New Tab page, the features we are about to customize should be all we need. However, if you decide to use a browser extension, I encourage you to do your homework to do your best to determine if the extension is trustworthy. 

How to Add Your Own Image to the Chrome Browser New Tab

Probably the most difficult part about customizing the background of the New Tab is selecting the photo!

I spent more time on picking my photo than I did actually setting it up. But don’t fret too long about it. It’s so easy to change the image that you can change it on a daily basis and rotate images if you just can’t make up your mind. Let’s get started:

1. Click the Plus sign

At the top of your browser, click the plus (+) sign on the far right to open a New TabYou can also open a New Tab by using the keyboard shortcut Ctrl + T

And here’s a tip: Keep the tab that this article appears in open so that you can easily jump back and forth between the instructions and the customization page.

2. Click the Customize button

You’ll find the Customize button in the bottom right corner of the page.

Chrome browser New Tab Customize Button

(Image above: On the New Tab, click the Customize button.)

3.Upload the image

Select Background and click Upload from device:

Upload Image to Chrome Browser

(Image above: Upload image to the Chrome browser)

4. Find the Image

An Open dialog box will pop-up. Navigate to the desired image on your hard drive. 

Customize Chrome Browser New Tab with Image from your computer

(Image above: Navigate in the “Open” dialogue box to the image that you want to use as your custom New Tab background.)

5. Select and open the image

Click to select the image and click the Open button. The image will now fill the screen. Don’t worry, you haven’t uploaded your photo into the public Google search engine. You are only customizing your Google account, and only you can see the photo.

Landscape images work the best for the New Tab page background. If you have a Portrait shaped photo, try cropping it to more of a landscape shape before uploading.

Chrome new browser tab with custom image

(Image above: Chrome new browser tab with uploaded image.)

If you want to change it back to plain or swap photos, simply click the customize icon in the bottom right corner that looks like a pencil.

How to Add Shortcuts to the New Tab

Now that you have your family looking back at your from your New browser tab, let’s add shortcuts to your favorite websites. 

1. Click the Plus sign

Click the “Add Shortcut” plus sign beneath the search field. 

2. Add the name and URL

Open a new tab, navigate to the desired web site, and then copy the URL in the address bar. Go back to the tab with the customization page, and in the Edit Shortcut window, type the name of the website, and paste the URL you just copied.

 

Add shortcut to Google Chrome browser New Tab

(Image above: type in the website name and URL.)

3. Click the Done button

Once you click the Done button, you will see your new shortcut below the search field. 

4. Repeat

Repeat the process to add additional website shortcuts. 

5. Edit Shortcuts

If you want to change one of the shortcuts that you’ve added, hover your mouse over it and click the three vertical dots in the upper right corner of the icon. 

Edit shortcuts on chrome New tab

(Image above: Hover your mouse over the shortcut and click the three vertical dots to edit.)

Then you will have the option to edit or remove the shortcut. 

Edit shortcut in Chrome browser New Tab

(Image above: Edit shortcut dialogue box.)

Related Search Prompts on Chrome’s New Tab

As I mentioned earlier in this article, Google will provide related search suggestions when you open a new tab. You fill find them between the search query box and the shortcuts. 

These can be helpful in providing you additional keywords worth searching. Google bases these prompts on what people usually search for. Here’s an example of the related searches that appeared when I searched for Historic Newspapers:

related searches suggested in Chrome's New Tab

(Image above: Related searches suggested in Chrome’s New Tab.)

These search suggestions will change as you search for different things using Google. 

How to Remove Related Search Prompts

Not everyone appreciates Google’s efforts to be helpful. If you would rather see more of your background photo and not the related search prompts, they are easy to remove. 

Simply click on the three vertical dots just to the upper right of the prompts:

RELATED SEARCH customized search suggestions (1)

(Image above: Click the three vertical dots.)

In the pop-up balloon you have two options:

  1. Don’t Show This Topic tells Google not to show the topic appearing on the tab again. In my example, I would not use this because I expect to be searching for historic newspapers again in the future. But if my search were just a one time thing, or the search prompts were completely irrelevant, then I would let Google know I don’t want to see this topic in the future by selecting this option. 
  2. Never Show Suggestions tells Google to never show suggestions on the New Tab again.
Editing search suggestions in Chrome new Tab

Make your changes in the pop-up balloon.

How to Return to the New Tab Default Settings

I love having a customized New Tab to greet me each time I click the plus button. However, there may be a time when, for whatever reason, you will want to return the New Tab to its original state. That’s easy enough to do! Here’s how to remove or change the background image:

Click the pencil icon in the bottom right corner of the screen. This will take you back into Customize mode. 

If you don’t want any background image, click No Background. If you would like something completely different, you can also select from a collection of photos provided by Google:

Remove background in Chrome New Tab

To remove the background image, select Background > No Background

In this same pop-up dialogue box you can also remove your shortcuts in one swoop. Click Shortcuts and then Hide Shortcuts, and then click Done:

how to hide shortcuts in Chrome Browser

More Googly Ideas

The Genealogist's Google Toolbox 2019

I hope you’ve enjoyed this simple way to spice up Chrome’s New browser tab. You’ll find tons of exciting ideas on how to use Google more effectively for genealogy and family history in my book The Genealogist’s Google Toolbox. 

If you’re a Genealogy Gems Premium eLearning member, check out my current full-length Google search video classes. (Image below.) P.S. Don’t forget to download the PDF handout for each class!

If you’re not a member, but would like to be, click here to learn more. 

Genealogy Gems videos on Google search

Full length Google search classes available to Genealogy Gems Premium eLearning Members

Happy Googling!

 

 

 

 

 

Genealogy Gems Podcast Episode 235

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 Podcast episode 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.

Podcast host: Lisa Louise Cooke
November 2019
Download the episode mp3

GEM: Federal Court Records with Michael Strauss

federal court records for genealogy

Where are Federal Records Found?

Federal Court Records are initially held in the custody of the national federal courthouses where the events occurred.

The National Archives and Records Administration (NARA) was founded in 1934.

National Archives, Washington DC (Archives1)
700 Pennsylvania Avenue, NW
Washington, DC 20408-0001
Toll-free: 1-866-272-6272
Email: archives1reference@nara.gov

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.
  • Resource: Finding Aids at the National Archives

Types of Federal Courts:

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:

  1. Review the finding aid
  2. Request the Index and find the name and corresponding file information
  3. 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. District Court – RG 21

Records of the U.S. Supreme Court – RG 267

Records of the U.S. Court of Appeals – RG 276

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.

federal court bankruptcy record

Petition by Debtor: Percival L. Strauss

Creditors Bankruptcy record

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

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

Bankruptcy notice in Google Books

Searching for Percival L. Strauss bankruptcy notice in Google Books

 

Bankruptcy notice in Google Books

Bankruptcy notice (Oct. 9, 1868) found in Google Books

The National Archives has been consolidating all of the bankruptcy records. It is going to be the Kansas City, MO branch of the National Archives, which currently has the Patent files.

Examples of bankruptcy cases:

  • 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:

  1. at the federal level
  2. at the local level – local court at the county level

1790: The first national act created a two-step process:

  1. Declare your intention to become a citizen
  2. File your petition for citizenship

Your ancestors may not have finished the process, and they may have filed both at local and federal levels.

Naturalization Record German Genealogy Records Bust Brick Wall

Petition for Naturaliztion

 

Resource: The Family History: Genealogy Made Easy Podcast

Family History Genealogy Made Easy Podcast

 

Episodes focusing on the Naturalization process include:

Episode 29: Immigration and Naturalization Records for Family History, Part 1

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.

Episode 30: Immigration and Naturalization Records for Family History, Part 2

In this episode we focus on passenger departure records created in European ports. He also talks more in-depth about U.S. naturalization records.

Episode 31: Immigration and Naturalization Records for Family History, Part 3

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!

Learn More with Michael Strauss:

Visit Michael’s Website: Genealogy Research Network

Register for Michael Strauss’ week-long Salt Lake Institute of Genealogy (SLIG) 2020 course called Court #2 A Guide to Treasures Found in Federal Records.

Hear More from Michael Strauss: Genealogy Gems Premium Membership

Gain access to the complete Premium podcast archive of over 150 episodes and more than 50 video webinars, including Lisa Louise Cooke’s newest video The Big Picture in Little Details.

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More Reading:

Black, Henry Campbell. Black’s Law Dictionary. Sixth Edition. St. Paul: West Publishing, 1990.

Burton, William C. Burton’s Legal Thesaurus. New York: Macmillan Library Reference, 1998.

Chapin, Bradley. Criminal Justice in Colonial America, 1606–1660. Athens: University of Georgia Press, 1983

Eichholz, Alice ed., Red Book: American State, County, and Town Sources, 3rd Ed Provo: Ancestry, 2004.

Evans, Barbara Jean. The New A to Zax: A Comprehensive Genealogical Dictionary for Genealogists and Historians. Second Edition. Champaign: B.J. Evans, 1990

Neagles, James C. and Lila Lee Neagles. Locating Your Immigrant Ancestor: A Guide to Naturalization Records. Logan: Everton Publishers, 1986.

Rapaport, Diane. New England Court Records: A Research Guide for Genealogists and Historians. Burlington: Quill Pen Press, 2006

Rose, Christine. Courthouse Research for Family Historians. San Jose: CR Publications, 2004.

Schaefer, Christina. Guide to Naturalization Records of the United States. Baltimore: Genealogical Publishing Company, 1997.

Szucs, Loretto Dennis, and Sandra Luebking. The Archives: A Guide to the National Archives Field Branches. Salt Lake City: Ancestry Publishing, 1988.

Thank you to Michael Strauss for contributing to these notes and sharing his expertise!

This free podcast is sponsored by:

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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

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Lisa Louise Cooke uses and recommends RootsMagic family history software. Visit www.RootsMagic.com

 

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