Records of the US District Courts for the Western District of Texas

Records Available at the National Archives at Fort Worth 

Introduction 

The Judiciary Act of September 24, 1789 created the United States district and circuit courts. These courts operated concurrently but with jurisdiction over different types of cases. District courts generally had original jurisdiction in admiralty and bankruptcy cases, in suits for penalties and seizures under federal laws, and jurisdiction in non-capital criminal proceedings and in law suits exceeding $100 in value in which the United States was the plaintiff. Circuit courts heard appeals from the district courts and had original jurisdiction over action involving aliens or citizens of different states and law and equity suits where the matter in dispute exceeded $500 (later $2,000). Congress added to the work of the circuit courts by conferring on the courts original jurisdiction in suits relating to infringement of patents and copy rights, violations of civil rights and elective franchise, registration of trademarks, unlawful restraints of trade and monopolies, and controversies between bankruptcy trustees and claimants to property held by the trustees.

In 1812 circuit courts were authorized to appoint U.S. commissioners to assist in the taking of bail and affidavits. Their functions were expanded by subsequent legislation and court rules, and their powers have included authority to issue arrest warrants, examine persons charged with offenses against federal laws, initiate actions in admiralty matters, and institute proceedings for violation of civil rights. In 1896 authority to appoint commissioners was transferred to the district courts. The Federal Magistrates Act of 1968 replaced U.S. commissioners with U.S. magistrates who exercise basically the same powers.

Separate circuit courts did not appear in Texas until after 1866. In 1891 the appellate jurisdiction of the circuit courts was transferred to the newly created courts of appeals (see Record Group 276). Since 1891, appeals from the United States district courts in Texas have gone to the United States Court of Appeals, Fifth Circuit, in New Orleans. The Judiciary Act of 1911 abolished the circuit courts as of January 1, 1912, and provided for the transfer of their records and remaining jurisdiction to the district courts.

Most states initially had one district and one circuit court with additional districts created as the business of the courts increased. Many of the districts were divided into divisions with the court holding sessions in various cities within the district. When Texas was admitted to the Union in 1846, it was organized as one federal judicial district with court sessions held at Galveston. In 1857 Texas was divided into Eastern and Western Districts. Court sessions for the new Eastern District were held in Galveston and Brownsville while courts for the Western District were located in Austin and Tyler.

In 1879, Congress divided Texas into a third judicial district, Northern District of Texas, with court seats at Dallas, Graham, and Waco. New court sessions were authorized to be held at Fort Worth and San Angelo in 1896; and court sessions held previously at Graham were transferred to Abilene. In the early 1900s Congress added three additional court sites to the district at Amarillo, Wichita Falls, and Lubbock. When the Southern District of Texas was created in 1902, the judicial boundaries within the state were realigned, and the Waco court and its records were transferred to the Western District of Texas.

The four federal judicial districts in Texas presently contain twenty-seven court divisions.  Each city that has a district court is a separate division.  Court sessions no longer are held in the cities of Graham and Jefferson.  A list of court divisions and their dates of establishment or termination is given in Appendix A.

The district and circuit courts were involved with the following types of proceedings:

• Admiralty
• Civil
• Law
• Equity
• Criminal
• Naturalization

This preliminary inventory describes records of the United States district and circuit courts for the Western District of Texas that have been accessioned by the National Archives at Fort Worth.  They cover a period from 1851-1988.  Volumes from the Midland and Pecos courts remain in the custody of the clerks of the respective courts.  Related records in the custody of the National Archives at Fort Worth include Records of United Courts of Appeals (Record Group 276), Fifth Circuit, and Records of United States Attorneys and Marshals (Record Group 118).This preliminary inventory describes records of the United States district and circuit courts for the Western District of Texas that have been accessioned by the National Archives at Fort Worth.  They cover a period from 1851-1988.  Volumes from the Midland and Pecos courts remain in the custody of the clerks of the respective courts.  Related records in the custody of the National Archives at Fort Worth include Records of United Courts of Appeals (Record Group 276), Fifth Circuit, and Records of United States Attorneys and Marshals (Record Group 118).

Admiralty

Article III, section 2, of the Constitution provides that the judicial power of the United States shall extend "to all cases of admiralty and maritime jurisdiction." The Supreme Court has interpreted this grant of authority as extending not only over the high seas but over all public navigable waters as well. The Judiciary Act of 1789 conferred original jurisdiction in admiralty and maritime cases exclusively on the district courts of the United States with provision for admiralty appeals to the circuit courts. This provision was abolished in 1891 when the newly-created circuit courts of appeals became the final courts of appeal in admiralty.

American admiralty law deals with such matters as prizes, ransom, and military salvage; suits to try title to a ship; actions to recover ships to which a party is entitled by right; and a variety of maritime contracts and torts. Suits and proceedings in admiralty may be "in rem," against a thing, usually a ship, or "in personam," against an individual.

Civil

Section 2 of an act of Congress, approved June 19, 1934, gave the Supreme Court of the United States authority to unite the general rules for equity and law proceedings into one form of civil procedures. On September 16, 1938, proposed Federal Rules of Civil Procedures became effective, and thereafter, law and equity actions were filed together as civil proceedings. Admiralty cases, civil lawsuits relating to violations of federal maritime laws, were filed separately from other civil proceedings until 1967. Beginning in that year, proceedings relating to maritime laws were identified as civil cases.

Law

As courts of common law jurisdiction, the U.S. district courts have possessed exclusive original jurisdiction over all seizures on land made under federal laws (libel in rem proceedings); exclusive original jurisdiction over suits for penalties and forfeitures incurred under federal laws (scire facias proceedings); concurrent jurisdiction with state courts and U.S. circuit courts over cases where an alien sued for a legal remedy when a law of nations or a treaty of the United States had been violated; concurrent jurisdiction with U.S. circuit courts in suits at common law where the United States sued under the authority of an act of Congress; and exclusive original jurisdiction over suits against foreign consuls and vice consuls. Most law cases relate to scire facias or libel in rem proceedings. The Federal Rules of Civil Procedures, effective in 1938 after their adoption by the Supreme Court, prescribed uniform procedures for law and equity cases, with one form of action to be known as "civil action."

Equity

The basis of equity jurisdiction in the federal courts is laid in the provisions of the Constitution and the laws of the United States. This jurisdiction, as provided in section 16 of the Judiciary Act of 1789, is not exercised in any case where a "plain, adequate, and complete remedy may be had at law." This jurisdiction was in large part regulated by rules first prescribed in 1822 by the Supreme Court. The rules were replaced by additional sets of rules adopted in 1842 and again in 1913. The Federal Rules of Civil Procedure, effective in 1938 after their adoption by the Supreme Court, prescribed uniform procedures for law and equity cases, with one form of action to be known as "civil action."

Criminal

The Judiciary Act of 1789 conferred very limited criminal jurisdiction upon the U.S. district courts. Proceedings that might result in sentences of hard labor or death were to be tried in the U.S. circuit courts. On August 23, 1842, Congress amended the Judiciary Act by extending the criminal jurisdiction of the district courts to all non-capital crimes and offenses against the United States.

Naturalization

This preliminary inventory describes approximately 3000 cubic feet of records of the United States district and circuit courts for Texas that have been accessioned by the National Archives at Fort Worth. They cover a period from 1879-1981. Related records in the custody of the National Archives at Fort Worth include Records of United States Courts of Appeals (Record Group 276), Fifth Circuit, and Records of United States Attorneys and Marshals (Record Group 118).

U.S. District Court Western District of Texas

• Austin
• Del Rio
• El Paso
• Midland
• Pecos
• San Antonio
• Waco

U.S. Circuit Court Western District of Texas

• Austin
• Del Rio
• El Paso
• San Antonio
• Waco

Confederate District Court Western District of Texas

• Austin

U.S. District Court Western District of Texas

Austin Division

General Records

Civil Records

Law and Equity Records

Criminal Records

Naturalization Records

Records of the United States Commissioner

Del Rio Division

General Records

Civil Records

Law and Equity

Criminal Records

Naturalization Records

Records of the United States Commissioner

El Paso Division

General Records

Civil Records

Law and Equity Records

Criminal Records

Naturalization Records

Records of the United States Commissioner

Midland Division

Civil Records

Criminal Records

Pecos Division

Civil Records

Law and Equity Records

Criminal Records

Naturalization Records

Records of the United States Commissioner

San Antonio Division

General Records

Civil Records

Law and Equity Records

Criminal Records

Naturalization Records

Records of the United States Commissioner/Magistrate

Waco Division

General Records

Civil Records

Law and Equity Records

Criminal Records

Naturalization Records

Records of the United States Commissioner

U.S. Circuit Court Western District of Texas

Austin Division

General Records

Law and Equity Records

Criminal Records

Naturalization Records

Records Relating to Supervision of Elections

An act of Congress, approved May 31, 1870  provided for the enforcement of the rights of citizens to vote in federal elections.  The congressional act, which was directed at voting irregularities in southern states, provided for concurrent jurisdiction of U.S. district and circuit courts in civil and criminal causes arising from enforcement of the act.  Court supervision of elections in southern states was further extended by an act of Congress, approved June 10, 1872.   This act provided for federal supervision of registration of voters or elections if ten citizens of the county petitioned to the judge of the U.S. circuit court for supervision.  A chief U.S. supervisor of elections was appointed in each judicial district.  The chief supervisor received lists of names submitted by the political parties and committees and recommended that certain individuals be appointed by the circuit court judge as U.S. supervisors of elections in each precinct of the counties.  Special U.S. deputy marshals also were appointed to protect election officials and prevent violence during elections.

Records of the United States Commissioner

Del Rio Division

General Records

El Paso Division

General Records

Law and Equity Records

San Antonio Division

General Records

Law and Equity Records

Criminal Records

Naturalization Records

Records of the United States Commissioner

Waco Division

General Records

Law and Equity Records 

Criminal Records

Confederate District Court Western District

Austin Division

Appendix A

United States District Courts in Texas

Northern District

Southern District

Western District

Eastern District

* Headquarters for the district.