This document provides an overview of using federal court records to research family history. It discusses the history and organization of the US federal court system from its origins in 1789 through reforms in the late 19th century. Key points include how the system expanded with new states and territories, the creation of circuit courts to handle caseloads, and the 1891 Evarts Act that established the current structure of district and appellate courts. The document also describes the types of cases heard, locations of records, and examples of individuals like George Remus who were prosecuted in federal court.

1. Finding Your Ancestors
in Federal Court Records
Pam Schaffner, MSLS

2. Records of the Federal Courts are among the National
Archives’ largest holdings
~ and yet some of the least used records
Was Grandpa a
bootlegger?
© BETTMANN / CORBIS
Did Grandma pay her
taxes?

3. What We Will Cover
• History & Organization of the Federal
Courts
• The Courthouse
• The Archives
• Online Resources
• Legal Citation
• Remus v United States

4. Constitutional Origins
of the Federal Judiciary
• The Constitutional Convention of 1787
• Ratification Debates
• The Judiciary Act of 1789

5. Federal Courts in 1789

6. Circuit Riding
Photo credit: Library of Congress

7. Westward Expansion and the Courts
• Number of States Increased
• U.S. Territorial Possessions Grew
• Travel Burden to Justices
• New Circuits Created
• Size of Supreme Court Increased

8. Federal Courts in 1802

9. Federal Courts in 1807

10. Federal Courts in 1837

11. Federal Courts in 1855

12. Reorganizing the Federal Courts
• Debate over proper role of federal
judiciary in national life
• Growing backlog of cases
• Issues of power between states and
federal government
• Further tinkering

13. Federal Courts in 1863

14. Federal Courts in 1866

15. 1891 Evarts Act
• Shifted appellate caseload burden from
Supreme Court to new courts of appeals
• Made the federal district courts the
primary trial courts
• Created a new court – the Circuit Court
of Appeals – one for each of the 9
Circuits
• Provided a right of direct Supreme Court
review

16. From the Evarts Act to Today
• 1929 ~ New 10th Circuit created out of 8th
Circuit’s western states
• 1948 ~ DC Circuit created
• 1980 ~ 5th Circuit divided and 11th Circuit
created
• 1982 ~ Federal Circuit formed from the
Court of Customs and Patent Appeals
and Court of Claims

17. Federal Court Organization

18. Two Parallel Systems of Courts

19. Types of Cases
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Law, Equity, and Civil
Criminal
Habeas Corpus
Bankruptcy
Naturalization
Admiralty
Fugitive Slave Records

20. Federal Court in Cincinnati
1892
2013

21. Inside the Federal Courthouse
An Unknown Realm
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United States District Court Clerk
United States Court of Appeals Clerk
Judges’ Chambers
Courtrooms
Jury Assembly Room
U.S. Probation and Pretrial
Mediation Office
Library

22. Records
in U.S. District Court Clerk’s Office
• Court records
– Accession #
– Location #
– Box #
– Date it was shipped to Archives
• Naturalization records
– Back to the 1950’s
– Card catalog index back to 1800’s
Call (513) 564-7500

23. Sixth Circuit Library for the U.S. Courts

24. Publication of Court Decisions
• No standard
procedure
• Most unreported
• Nominative reports
• Newspapers, journals
, state reporters and
legal digests
© Bettmann/Corbis

25. West Publishing Company

26. The National Archives and
Federal Records Centers
http://www.archives.gov/

27. Record Group 21
Most of the historical records of the U.S.
district courts and U.S. circuit courts have
been accessioned by NARA and are deposited
in regional archives as part of Record Group
21.
Unaccessioned historical records are located
in the clerk’s office of the respective district
court, or, in rare cases, at regional libraries and
historical societies.

28. Types of Cases ~ Recap
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Law and Equity (Civil)
Criminal
Habeas Corpus
Bankruptcy
Naturalization
Admiralty
Fugitive Slave

29. Cases Contain:
• Original papers submitted by the parties
• Transcripts of testimony
• Exhibits introduced at trial

30. Navigating the NARA Website

33. Look What We Found !!

34. Online Resources

37. Cite That Case!
1. The name of the case
2. The volume number in the
reporter series
3. The name of the reporter
series (usually abbreviated)
4. The page on which the
case starts
5. A parenthetical with year
the case was decided

38. Legal Citation
U.S. v. Remus, 12 F. 2d 239 (1926)
1.
2.
3.
4.
5.
Cornell Law School’s Online Guide to Legal Citation
http://www.law.cornell.edu/citation/

39. The Genealogist’s Way
The Federal Reporter, Second Series, Cases Argued and
Determined in the Circuit Courts of Appeals and District Courts of the
United States and the Court of Appeals of the District of
Columbia, with key-number annotations, with table of cases in which
rehearings have been granted or denied, Vol. 12 (St. Paul, Minnesota
: West Publishing Co., 1926), 239, United States vs. Remus;
hereinafter cited as U.S. v. Remus, U.S. F. 2d. 230 (1926).
Elizabeth Shown Mills, Evidence Explained: Citing History Sources
from Artifacts to Cyberspace, 2d edition (Baltimore, Maryland:
Genealogical Publishing Co., 2009), 740-742.

40. George Remus in Federal Court
• Apr. 15, 1922 ~ Federal Grand Jury
indicts Remus and 13 co-defendants
• May 5 ~ Trial #1 begins before U.S.
District Judge John W. Peck
• May 16 ~ Verdict of guilty in conspiracy to
violate the Volstead Act. Internal
Revenue counts dropped
• Remus sentenced to 2 years in federal
penitentiary and fined $10,000.

41. Overheard in the Courtroom
• “The very air seemed
a little dryer after the
jury announced its
verdict. The way of
the transgressor is
hard, but the way of
the thirsty citizen is
harder.”

42. Double Jeopardy?
• May 17 ~ Trial #2 begins
• May 19 ~ Judge Peck orders jury to
acquit Remus
• May 20 ~ Misdemeanor charges of
maintaining a nuisance at Death Valley
Farm
• May 24 ~ Sentence of 1 yr in county jail to
run concurrent with 2 year sentence
• December ~ Appeals to Circuit Courts of
Appeals begin. Conviction upheld 1925.

43. ~ Final Thoughts ~
• Filson Historical Society, Louisville
• GenealogyBank
• National Institute of Genealogical Studies

44. My Genealogy Blog

45. Thanks !
© Pamela Schaffner