FEDERAL COURT RECORDS:Part 06
FEDERAL COURT RECORDS:
A SELECT CATALOG OF
NATIONAL ARCHIVES MICROFILM PUBLICATIONS
(PART 6)
Civil War
The following section lists microfilm publications that reproduce records created just before and during the Civil War. The first two publications, from the district and circuit courts for the District of Columbia, relate to slavery. They include records of emancipation, manumission, and case records concerning fugitive slaves. Another publication contains records generated by the Confederate States District Court for North Carolina, 1861-65. The last two microfilm publications concern confiscation of property by both the Confederate and U.S. governments. Records of the U.S. Circuit Court for the District of Columbia Relating to Slaves, 1851-1863. M433. 3 rolls.
This microfilm publication reproduces all the records relating to slavery in the District of Columbia that were kept by the U.S. Circuit Court for the District of Columbia. These unbound records include emancipation papers, manumission papers, 1857-63, and case papers relating to fugitive slaves, 1851-63.
On April 16, 1862, Congress passed "An Act for the Release of certain Persons held to Service or Labor in the District of Columbia" (12 Stat. 376). Section 2 of the act required that owners claiming compensation for freed persons of African descent were to file schedules by July 15, 1862, testifying to their ownership of the slaves. The schedules list the name, age, sex, and description of each slave.
A supplementary act of July 12, 1862 (12 Stat. 538), permitted slaves to file schedules themselves if their owners had neglected to file. The act also granted freedom to slaves who were employed within the District of Columbia with their owners' consent after April 16, 1862, and whose owners lived outside the District. The emancipation papers consist of these schedules, usually with notes giving dates when certificates of freedom were issued to former slaves. The manumission papers, 1857-63, record the voluntary freeing of slaves by their owners, and they generally consist of schedules similar to those in the emancipation papers.
Included in this publication and in M434 (which follows) are a series of papers relating to fugitive slaves, 1851-63. The Compromise of 1850 stiffened existing fugitive slave laws and allowed claimants to recover fugitives by applying to federal judges and commissioners to establish ownership. The testimony of fugitives was not admitted as evidence. Anyone who interfered with the enforcement of these laws was subject to punishment. Many of the cases in this publication contain only the warrants for arrest, and others contain papers relating to proof of ownership.
Roll Description
1 Emancipation papers resulting from the act
of
Apr. 16,
1862
A-L
2
M-Y
3 Emancipation papers
resulting from the act of July
12,
1862;
manumission papers, 1857-63; and
fugitive
slave
case papers, 1851-63
Habeas Corpus Case Records,
1820-1863, of the U.S. Circuit
Court for the District of Columbia. M434. 2
rolls.
Writs of habeas corpus are orders to
produce a prisoner and
show cause for capture and detention. They are used to
test the
legality of the detention or imprisonment, not to determine
the
guilt or innocence of the prisoner. Most of the habeas corpus
case
records in this publication concern persons alleged to have
been fugitive
slaves. Masters used the writs to reclaim runaways.
The records include the
actual writs, petitions for writs, return
of writs, orders of the court, and
other papers filed in habeas
corpus proceedings. The case records are
arranged
chronologically.
Roll
Dates
1
1820-43
2
1844-63
Confederate Papers of
the U.S. District Court for the Eastern
District of North Carolina,
1861-1865. M436. 1 roll.
The documents that
appear on this microfilm publication are
records of the court in the district
of Cape Fear, except for one
volume of minutes of the court in the district
of Pamlico. The
court of the Cape Fear district sat in Salisbury and
Wilmington;
the papers usually indicate the place of origin. Most of the
case
files relate to property seized from Union sympathizers under an
act
of August 30, 1861, by the Confederate States of America "for
the
Sequestration of Estates, Property, and Effects of alien
enemies." Other case
files relate to cases involving treason,
mail robbery, and harboring
deserters. There are also subpoenas,
jury lists, writs, and court orders and
rules.
The minutes of the court in Pamlico appear
first, followed
by a badly damaged rough draft of admiralty rules. The case
files
appear next and are grouped according to the type of
case:
sequestration, treason, etc. Within each type, the files
are
arranged in very rough chronological order.
During the Civil War, the Confederate courts continued to
create the same
types of records as those used by the U.S.
courts, often using the same
record books. The records of the
Confederate States District Court for North
Carolina, 1861-65,
are thus interfiled with the records of the Raleigh
division of
the U.S. district court.
Records of the U.S. Civil
Commission at Memphis, 1863-1864.
T410. 9
rolls.
Union forces invaded Tennessee early in
1862 and captured
Forts Henry and Donelson and the city of Nashville,
forcing
Tennessee's government to flee. West Tennessee was occupied
in
June 1862 and put under marital law. In April 1863, the Union
army
formed a civil commission at Memphis to "hear and determine
all complaints
and suits instituted by loyal citizens of the
United States for the
collection of debts, enforcements of
contract, the prevention of fraud, the
recovery of possessions of
property, real and personal, and generally to
perform such duties
and exercise such power as can be done by a Commission
deriving
its power from military authority."
Each
of the 9 rolls of this microfilm publication reproduces
a bound volume of
records produced by the commission. Entries in
the journal, appearance
docket, and judgment docket were made
chronologically. Entries in the court
dockets and final record
books are by case number, which was assigned when
the case was
filed with the commission. The final record books
record
proceedings of cases listed in the court
dockets.
Roll
Description
Dates
1
Journal
Apr. 25, 1863-Jan. 26, 1864
2
Appearance docket Apr. 1863-Jan.
1864
3 Court docket,
cases
1-390
4 Court docket,
cases
350-780
5 Judgment
docket Apr. 29, 1863-Jan.
16, 1864
6 Final record no.
1 1863
7 Final record no. 2
1863
8 Final record no.
3 1863
9 Final record no. 4
1863
Case Papers of the U.S. District Court for
the Eastern
District of Virginia, 1863-1865, Relating to the
Confiscation
of Property. M435. 1 roll.
This
microfilm publication reproduces the "confiscation
papers" of the U.S.
District Court for the Eastern District of
Virginia, 1863-65. Under acts of
July 31 and August 6, 1861, and
July 17, 1862 (12 Stat. 284, 319, and 589),
the court prosecuted
cases to confiscate property from citizens of
Richmond,
Petersburg, Elizabeth City, and Alexandria who were loyal to
the
Confederacy. The earliest case file in this series is dated 1863.
The
court suspended prosecution in September 1865, and the
pending cases were
eventually dismissed.
These unbound case files,
arranged by case number, contain
libels of information; notices of seizure,
libel, and time and
place of trial; orders of seizure; and orders for
process.
Miscellaneous
Records
The
four publications in this section do not fall into any
of the preceding
categories. The first contains information case
files and related files from
the eastern district of
Pennsylvania, 1789-1918. Next is a publication that
combines case
files from suits involving consuls and vice consuls with
cases
concerning the repeal of patents. The third consists of case
files
from the Utah territorial district courts, which chiefly
concern cases
involving polygamy. The final publication in this
section concerns only one
case that was never brought to
trial--that against Aaron Burr and Harman
Blennerhassett for
conspiring against Spain.
Information Case
Files, 1789-1843, and Related Records,
1792-1918, of the U.S. District Court
for the Eastern
District of Pennsylvania. 10 rolls. M992.
DP.
"Informations" are written accusations
brought against a
person by a public prosecutor, without a grand jury
indictment,
for a criminal offense. In these cases, the plaintiff,
usually
the United States, submitted an information or libel to
initiate
proceedings. A docket, March 25, 1808-April 15, 1843, contains
a
record of papers filed and proceedings held in the trial of the
cases
and an alphabetical index to the kinds of goods or names of
persons or
vessels involved. Docket entries for individual cases
usually show the case
title, the names of the litigants and the
attorneys for each litigant, and a
chronological listing of
actions taken and documents filed. The first 28
prize cases
arising from the War of 1812, which have been reproduced on
M966,
are entered in their chronological place in the docket. Most of
the
information cases brought before the U.S. District Court for
the Eastern
District of Pennsylvania between 1789 and 1843
concerned actions for
forfeitures arising from violations of
customs and internal revenue laws. The
files are arranged by the
filing date of the first paper in each
case.
Roll 8 and part of roll 9 reproduce bonds for
appraised
value of forfeited goods, 1812-13. In order to obtain
possession
of goods, claimants and sureties bound themselves to pay
the
appraised value in the event of judgment favorable to the
United
States. The documents are arranged alphabetically by name of
vessel
and thereunder by an assigned bond number.
Another
series, 7 volumes containing statements of facts in
forfeiture cases appealed
to the Secretary of the Treasury,
October 23, 1792-January 25, 1918, contains
copies of petitions
filed by claimants for the review of forfeiture cases and
the
remission of forfeitures. The petitions are addressed to the
district
court judge for forwarding to the Secretary of the
Treasury. Entries in the
volumes are primarily by date of filing
of petition. Volumes 2 and 3 also
contain a list of claimants'
names arranged by page number; volume 4 has a
similar, though
incomplete, list; and volumes 6 and 7 contain an
alphabetical
index of names and claimants.
Petitions and discharges of imprisoned debtors, 1797-1838,
consist of
petitions to the district court by debtors, imprisoned
as a result of
judgments against them in the circuit court,
seeking discharge as insolvent
debtors under the acts of May 5,
1792 (1 Stat. 266), and January 6, 1800 (2
Stat. 4). These acts
provided that such debtors could be released upon taking
an oath
that they were unable to pay their debts. The files
contain
citations to the creditors involved to appear and to show
cause
why the oath should not be administered. Also included
are
depositions, oaths of the debtors, and orders discharging the
debtors
from custody. The files are arranged by date of filing of
the
petition.
Roll
Description
1 Docket, Mar. 25, 1808-Apr. 15,
1843
Information case
files:
1789-1801
2 1802-July
1809
3 Oct.
1809-11
4
1812-23
5 1824-Sept. 30,
1839
6 Oct. 22, 1839-Nov. 21,
1839
7 Nov. 22, 1839-Apr. 15,
1843
Bonds for appraised value of
forfeited goods, 1812-13:
8 The
Atlantic-the John
9 The
Mandarin-the William
Statements of
facts in forfeiture cases appealed to the
Secretary of the
Treasury:
Vol. 1, Oct.
23, 1792-Sept. 25,
1807
Vol. 2, Sept. 30,
1807-June 29, 1812
10 Vol. 3, July 8,
1812-Sept. 13, 1815
Vol. 4, Sept. 19, 1815-Aug. 28,
1833
Vol. 5, Nov. 23,
1833-Apr. 5, 1847
Vol.
6, Apr. 5, 1847-May 19,
1864
Vol. 7, Sept. 10,
1861-Jan. 25, 1918
Petitions and discharges of imprisoned
debtors,
1797-1838
Case Files in Suits Involving Consuls and Vice Consuls
and
the Repeal of Patents of the U.S. District Court for the
Southern
District of New York, 1806-1860. M965. 2 rolls.
DP.
The first series of records, cases involving
U.S. and
foreign consuls and vice consuls, concerns such matters
as
indebtedness, including nonpayment of promissory notes, of rent
for
storage space, and of charter parties (contracts by which
ships were rented
to merchants to carry goods); breach of
covenant (agreement); defamation and
slander; confiscation of
ships and other property; assault; and false
imprisonment.
Types of documents found in the files
include declarations
and complaints or narratives explaining the plaintiff's
causes of
action; answers of defendants; demurrers, rejoinders, and
other
pleadings; bills of exception to court decisions on points of
law;
affidavits and depositions of witnesses and other documents
submitted as
evidence; and orders of the court, opinions,
consents, warrants, writs,
bonds, minutes of trials, assignments
of errors, reports of costs, verdicts,
and other legal documents.
In the second series,
case files in suits to repeal patents,
the plaintiff usually claimed to be
the true inventor. The types
of documents found in these files include
petitions, affidavits,
opinions, orders, depositions, narratives, notices to
defendants,
scire facias (judicial writs) to repeal patents, and
verdicts.
In both series the case files are arranged
alphabetically by
the surname of the defendant or the name of the defendant
listed
first in the title endorsement. If a consul were involved in
more
than one court action, the case files involving him are
in
chronological order by date of filing of the case. Most
documents
within the files are arranged by date of filing. For the
suits
involving consuls, the country that he represented is listed next
to
his name. The spellings of names of parties have been
determined from the
documents in the case files. In some
instances, variant spellings of names
appear in the case files
and within the individual
documents.
Roll
Description
1 Suits involving counsels and vice
consuls
Belmont-Klendgen
2
McFaul-Zachrissen
Suits involving the repeal of patents
Case Files
of the U.S. District Courts for the Territory of
Utah, 1870-1896. M1401. 38
rolls. DP.
The territory of Utah was divided
into four U.S. judicial
districts whose seats were at Salt Lake City, Ogden,
Provo, and
Beaver. When Utah became a state in 1896, these
territorial
courts were dissolved and their records were all transferred
to
the new U.S. district court and to the circuit court in Salt Lake
City.
The cases were then rearranged alphabetically by the
initial letter of the
defendant's last name, renumbered, and
bound into volumes. The cases
transferred to the U.S. district
court are filmed first, followed by cases
transferred to the
circuit court. An alphabetical index of the names of
defendants
and plaintiffs is reproduced on the first roll of
this
publication. The index lists the individual's name, the case
file
number, and the microfilm roll number.
Most
of the cases documented by the 2,593 case files
transferred to the district
court concern polygamy, which was
outlawed by Congress on May 22, 1882 (22
Stat. 30). Each file
generally contains a printed complaint form, a warrant
for the
arrest of the defendant, and subpoenas ordering the
defendant's
wives to appear as witnesses.
The
case files also include cases involving robbing the
mails, illegal voting,
violations of liquor and tobacco laws,
possession of counterfeit coins, and
embezzlement.
The 95 case files transferred to the
circuit court primarily
concern trespassing, illegal fencing, illegal
cutting, and land
disputes over preemptions and homesteads. Other subjects
include
unlawful cohabitation, violation of postal laws, and tax
fraud.
Roll
Description
U.S. District Court
case file nos.:
1
1-76
2
77-150
3
151-213
4
214-280
5
281-377
6
378-468
7
469-535
8
536-600
9
601-673
10 674-750
11 751-831
12
832-910
13 911-981
14 982-1044
15
1045-1145
16
1146-1219
17
1220-1287
18
1288-1359
19
1360-1442
20
1443-1527
21
1528-1587
22
1588-1654
23
1655-1722
24
1723-1806
25
1807-1870
26
1871-1936
27
1937-2008
28
2009-2080
29
2081-2166
30
2167-2234
31
2235-2303
32
2304-2381
33
2382-2470
34
2471-2546
35
2547-2593
U.S. Circuit Court case
file nos.:
36 1-44
37 45-59
38
60-95
Records Relating to the Proposed Trials of
Aaron Burr and
Harman Blennerhassett, August 1, 1805-January 21, 1808.
T265.
1 roll.
In August 1806, on
Blennerhassett's Island in the Ohio
River, Aaron Burr and Harman
Blennerhassett allegedly planned and
prepared for an expedition down the
Mississippi River to seize
Spanish territory west of the river. On November
27, 1806, Thomas
Jefferson, warned by Gen. James Wilkinson, issued a
proclamation
warning U.S. citizens against participating in an
illegal
expedition against Spanish lands. Burr and his forces
were
intercepted on the lower Mississippi in Alabama on February 19,
1807,
and Burr stood trial for treason in Richmond, VA, in
March.
In January 1808, the U.S. circuit court at
Chillicothe, OH,
indicted Aaron Burr and Harman Blennerhassett for
conspiring
against the domain of Spain. The trials never took place
because
Burr and Blennerhassett did not appear within the state, and
the
government did not press the charges further. Documents relating
to
the proposed trials appear among the records of the Ohio
circuit that were
transferred to the U.S. District Court for the
Southern District of Ohio at
Cincinnati. Some of the documents in
this collection were originally part of
the testimony presented
in the Burr trial at Richmond. They were transferred
to Ohio for
use in the circuit court and were never
returned.
These papers have been arranged in
chronological order by
date filed in court or by date of document. A few
undated items
are listed at the end. Within the collection are
letters,
circulars, orders, affidavits, depositions, writs of
attachment,
indictments, and related documents.
RECORDS OF THE
U.S. COURT OF CLAIMS
RECORD GROUP 123
The
U.S. Court of Claims was established by an act of
February 24, 1855 (10 Stat.
612), to hear claims against the
United States, including those referred to
the court by Congress.
An act approved July 7, 1902 (32 Stat. 726), gave the
Court of
Claims jurisdiction over any claim arising under
treaty
stipulations that the Cherokee Tribe, or any band thereof,
might
have against the United States. Within 2 years after the act
was
approved, three suits were brought before the court
concerning
grievances arising out of the treaties: (1) The Cherokee
Nation
v. The United States, General Jurisdiction Case No. 23199; (2)
The
Eastern and Emigrant Cherokees v. The United States, General
Jurisdiction
Case No. 23212; and (3) The Eastern Cherokees v. The
United States, General
Jurisdiction Case No. 23214.
On May 18, 1905, the
court decided in favor of the Eastern
Cherokee and instructed the Secretary
of the Interior to identify
the persons entitled to participate in the
distribution of funds
for payment of the claims. On June 30, 1906,
Congress
appropriated more than $1 million for this purpose. Guion
Miller,
special agent of the Interior Department, began compiling a
roll
of all Eastern and Western Cherokee Indians who were alive on May
28,
1906, and could establish that at the time of the treaties
they were members
or descendants of members of the Eastern
Cherokee. They also had to prove
that they had not been
affiliated with any tribe of Indians other than the
Eastern
Cherokee or the Cherokee Nation. In his report of May 28,
1909,
Miller stated that 45,847 separate applications had been
filed,
representing a total of about 90,000 individual claimants,
30,254
of whom were
entitled to share in the fund.
Eastern
Cherokee Applications of the U.S. Court of Claims,
1906-1909. M1104. 348 rolls. DP.
The applications required each
claimant to state full
English and Indian names, residence, age, place of
birth, name of
husband or wife, name of tribe, and names of children. It
also
required information on the claimant's parents,
grandparents,
brothers, sisters, uncles, and aunts. The index to
the
applications is arranged alphabetically by name (either English
or
Indian) of claimant.
Roll Contents
1
Roll of Eastern
Cherokee
General index
to Eastern Cherokee
applications,
vols. 1 and 2
Application numbers 1-45
2
46-136
3
137-224
4
225-331
5
332-420
6
421-514
7
515-596
8
597-681
9
682-778
10 779-859
11 860-964
12
965-1082
13
1083-1175
14
1176-1267
15
1268-1362
16
1363-1455
17
1456-1545
18
1546-1642
19
1643-1735
20
1736-1820
21
1821-1910
22
1911-2001
23
2002-2113
24
2114-2229
25
2230-2339
26
2340-2432
27
2433-2534
28
2535-2637
29
2638-2743
30
2744-2841
31
2842-2947
32
2948-3049
33
3050-3147
34
3148-3250
35
3251-3342
36
3343-3442
37
3443-3540
38
3541-3647
39
3648-3747
40
3748-3847
41
3848-3949
42
3950-4057
43
4058-4157
44
4158-4228
45
4229-4327
46
4328-4426
47
4427-4555
48
4556-4661
49
4662-4771
50
4772-4879
51
4880-4984
52
4985-5089
53
5090-5189
54
5190-5289
55
5290-5394
56
5395-5492
57
5493-5591
58
5592-5690
59
5691-5789
60
5790-5889
61
5890-5989
62
5990-6089
63
6090-6189
64
6190-6289
65
6290-6391
66
6392-6481
67
6482-6580
68
6581-6683
69
6684-6787
70
6788-6888
71
6889-6991
72
6992-7091
73
6992-7091
73
7092-7202
74
7203-7302
75
7303-7403
76
7404-7504
77
7505-7604
78
7605-7704
79
7705-7804
80
7805-7904
81
7905-8006
82
8007-8115
83
8116-8216
84
8217-8316
85
8317-8416
86
8417-8516
87
8517-8617
88
8618-8720
89
8721-8818
90
8819-8918
91
8919-9019
92
9020-9119
93
9120-9219
94
9220-9317
95
9318-9416
96
9417-9515
97
9516-9615
98
9616-9715
99
9716-9815
100 9816-9900
101 9901-10000
102
10001-10100
103
10101-10200
104
10201-10300
105
10301-10400
106
10401-10500
107
10501-10600
108
10601-10700
109
10701-10800
110
10801-10900
111
10901-11000
112
11001-11100
113
11101-11200
114
11201-11300
115
11301-11400
116
11401-11500
117
11501-11600
118
11601-11700
119
11701-11806
120
11807-11900
121
11901-12000
122
12001-12100
123
12101-12200
124
12201-12350
125
12351-12500
126
12501-12650
127
12651-12800
128
12801-12950
129
12951-13100
130
13101-13250
131
13251-13400
132
13401-13550
133
13551-13700
134
13701-13850
135
13851-14000
136
14001-14150
137
14151-14300
138
14301-14450
139
14451-14600
140
14601-14750
141
14751-14900
142
14901-15050
143
15051-15200
144
15201-15350
145
15351-15500
146
15501-15650
147
15651-15800
148
15801-15950
149
15951-16100
150
16101-16250
151
16251-16400
152
16401-16550
153
16551-16700
154
16701-16850
155
16851-17000
156
17001-17150
157
17151-17300
158
17301-17450
159
17451-17600
160
17601-17750
161
17751-17900
162
17901-18050
163
18051-18200
164
18201-18350
165
18351-18500
166
18501-18650
167
18651-18800
168
18801-18950
169
18951-19100
170
19101-19250
171
19251-19400
172
19401-19550
173
19551-19700
174
19701-19850
175
19851-20000
176
20001-20150"
177
20151-20300
178
20301-20450
179
20451-20600
180
20601-20750
181
20751-20900
182
20901-21050
183
21051-21200
184
21201-21350
185
21351-21500
186
21501-21650
187
21651-21800
188
21801-21950
189
21951-22100
190
22101-22250
191
22251-22400
192
22401-22550
193
22551-22700
194
22701-22850
195
22851-23000
196
23001-23150
197
23151-23300
198
23301-23450
199
23451-23600
200
23601-23750
201
23751-23900
202
23901-24050
203
24051-24200
204
24201-24350
205
24351-24500
206
24501-24650
207
24651-24800
208
24801-24950
209
24951-25100
210
25101-25250
211
25251-25400
212
25401-25550
213
25551-25700
214
25701-25850
215
25851-26000
216
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National Archives Trust Fund Board National Archives and Records Administration Washington, DC 1987