Selected Proceedings and Courts - Revision history

Erinfaythebrave at 21:34, 22 July 2010

Erinfaythebrave — Thu, 22 Jul 2010 21:34:09 GMT

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	{{Template:Court series (The Source)}}		{{Template:Court series (The Source)}}
	[[Category: U.S. Federal, State, and County Court Records]]		[[Category: U.S. Federal, State, and County Court Records]]
-	~~[[Category: Societies]]~~	+
	'''This article originally appeared in "Court Records" by [[Sandra Hargreaves Luebking]], FUGA, [[Loretto Dennis Szucs]], FUGA, and [[Arlene H. Eakle]], Ph.D. in ''[[The Source: A Guidebook to American Genealogy]]'''''		'''This article originally appeared in "Court Records" by [[Sandra Hargreaves Luebking]], FUGA, [[Loretto Dennis Szucs]], FUGA, and [[Arlene H. Eakle]], Ph.D. in ''[[The Source: A Guidebook to American Genealogy]]'''''

Erinfaythebrave at 21:26, 22 July 2010

Erinfaythebrave — Thu, 22 Jul 2010 21:26:57 GMT

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	[[Category: U.S. Federal, State, and County Court Records]]		[[Category: U.S. Federal, State, and County Court Records]]
		+	[[Category: Societies]]
	'''This article originally appeared in "Court Records" by [[Sandra Hargreaves Luebking]], FUGA, [[Loretto Dennis Szucs]], FUGA, and [[Arlene H. Eakle]], Ph.D. in ''[[The Source: A Guidebook to American Genealogy]]'''''		'''This article originally appeared in "Court Records" by [[Sandra Hargreaves Luebking]], FUGA, [[Loretto Dennis Szucs]], FUGA, and [[Arlene H. Eakle]], Ph.D. in ''[[The Source: A Guidebook to American Genealogy]]'''''

Matrayback at 17:23, 12 July 2010

Matrayback — Mon, 12 Jul 2010 17:23:43 GMT

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	Most claims against the U.S. government before 1855 were presented to Congress and referred to committees on claims of the Senate and the House of Representatives (see [[#Private Claims and Claims Committees of the U.S. Congress]]). The inability of these committees to examine in detail all the claims submitted, together with the difficulty of getting Congress to appropriate the necessary funds to pay favorable claims, amounted to a denial of justice to many citizens. In addition, the number of claims became too great. A separate Court of Claims, established in 1855, did not solve the problem because it had no authority to render judgment. Its job was to investigate claims and forward all evidence, testimony of witnesses, law briefs of solicitors and claimants, and opinions and recommendations of the court to the Committee of Claims, House of Representatives, for final consideration of those cases recommended favorably. Those reported unfavorably were placed upon the calendar for Congressional consideration. This amounted to having each case tried twice and solved nothing. In 1863, the court was given power to render final judgment in all cases with the right of appeal to the Supreme Court for cases involving more than $3,000. From 1855 to the end of 1881, it heard more than 13,000 cases. By an amendment passed in 1868 to the Act of 1863, the clerk of the court was required to submit an annual return to Congress containing a list of all judgments rendered by the court, the amount of redress granted, the parties involved, and a brief synopsis of the nature of the claim.		Most claims against the U.S. government before 1855 were presented to Congress and referred to committees on claims of the Senate and the House of Representatives (see [[#Private Claims and Claims Committees of the U.S. Congress]]). The inability of these committees to examine in detail all the claims submitted, together with the difficulty of getting Congress to appropriate the necessary funds to pay favorable claims, amounted to a denial of justice to many citizens. In addition, the number of claims became too great. A separate Court of Claims, established in 1855, did not solve the problem because it had no authority to render judgment. Its job was to investigate claims and forward all evidence, testimony of witnesses, law briefs of solicitors and claimants, and opinions and recommendations of the court to the Committee of Claims, House of Representatives, for final consideration of those cases recommended favorably. Those reported unfavorably were placed upon the calendar for Congressional consideration. This amounted to having each case tried twice and solved nothing. In 1863, the court was given power to render final judgment in all cases with the right of appeal to the Supreme Court for cases involving more than $3,000. From 1855 to the end of 1881, it heard more than 13,000 cases. By an amendment passed in 1868 to the Act of 1863, the clerk of the court was required to submit an annual return to Congress containing a list of all judgments rendered by the court, the amount of redress granted, the parties involved, and a brief synopsis of the nature of the claim.
-
-	~~[[file:Court claims.jpg\|thumb\|right\|300px\|This table describes the United States Court of Claims. It originally appeared in ''The Source: A Guidebook to American Genealogy''.]]~~

	The procedures and practices of the Court of Claims are very similar to those followed in regular courts of law except that all testimony and evidence is in writing. Twenty-five printed copies of all briefs must be filed (if the case is under $3,000, the briefs are printed at public expense) with the clerk of the court at least one day prior to the hearing of the case. No court costs are required except those of the claimant's personal attorney. Cases must be presented by legal counsel. There is no jury. Before 1868, all claimants had to prove that they had been loyal citizens of the Union during the Civil War. Since that time, the amnesty oath pardoning Confederates has voided this provision. [[Summary of United States Court of Claims]] describes the court's growing jurisdiction.		The procedures and practices of the Court of Claims are very similar to those followed in regular courts of law except that all testimony and evidence is in writing. Twenty-five printed copies of all briefs must be filed (if the case is under $3,000, the briefs are printed at public expense) with the clerk of the court at least one day prior to the hearing of the case. No court costs are required except those of the claimant's personal attorney. Cases must be presented by legal counsel. There is no jury. Before 1868, all claimants had to prove that they had been loyal citizens of the Union during the Civil War. Since that time, the amnesty oath pardoning Confederates has voided this provision. [[Summary of United States Court of Claims]] describes the court's growing jurisdiction.

Matrayback at 20:45, 9 July 2010

Matrayback — Fri, 09 Jul 2010 20:45:41 GMT

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Erinfaythebrave at 20:39, 17 June 2010

Erinfaythebrave — Thu, 17 Jun 2010 20:39:07 GMT

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	[[Category:The Source: A Guidebook to American Genealogy]]		[[Category:The Source: A Guidebook to American Genealogy]]
	{{Template:Court series (The Source)}}		{{Template:Court series (The Source)}}
		+	[[Category: U.S. Federal, State, and County Court Records]]
	'''This article originally appeared in "Court Records" by [[Sandra Hargreaves Luebking]], FUGA, [[Loretto Dennis Szucs]], FUGA, and [[Arlene H. Eakle]], Ph.D. in ''[[The Source: A Guidebook to American Genealogy]]'''''		'''This article originally appeared in "Court Records" by [[Sandra Hargreaves Luebking]], FUGA, [[Loretto Dennis Szucs]], FUGA, and [[Arlene H. Eakle]], Ph.D. in ''[[The Source: A Guidebook to American Genealogy]]'''''

Matrayback at 19:45, 21 April 2010

Matrayback — Wed, 21 Apr 2010 19:45:48 GMT

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	Many appeals court records have been summarized, indexed by plaintiff (some defendant cross-indexes are available), and printed. More than six thousand volumes representing some 500,000 different cases were in print volumes (called "case reporters"; see the chart shown below)in legal libraries across the United States by 1896.		Many appeals court records have been summarized, indexed by plaintiff (some defendant cross-indexes are available), and printed. More than six thousand volumes representing some 500,000 different cases were in print volumes (called "case reporters"; see the chart shown below)in legal libraries across the United States by 1896.

-	{\|	+	{\|border="1"
	\|'''Number of Volumes'''		\|'''Number of Volumes'''
	\|'''Name of Court Reporter'''		\|'''Name of Court Reporter'''
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	The National Guard is subject to this system when under federal control, and states have adopted similar provisions when operating under state authority, in training or local emergencies., Reserve units are subject to military law while on active duty and during annual training camps. All members of the U.S. armed forces are subject to the code at all times. This code is enforced in military courts-martial. Although provided for by the Constitution, these tribunals derive their authority from the executive branch rather than the judicial and thus are completely separate from the regular system. Cases are not reviewable by civil courts, nor can appeal be made to civil courts. The table below describes the types of United States Courts-Martial:		The National Guard is subject to this system when under federal control, and states have adopted similar provisions when operating under state authority, in training or local emergencies., Reserve units are subject to military law while on active duty and during annual training camps. All members of the U.S. armed forces are subject to the code at all times. This code is enforced in military courts-martial. Although provided for by the Constitution, these tribunals derive their authority from the executive branch rather than the judicial and thus are completely separate from the regular system. Cases are not reviewable by civil courts, nor can appeal be made to civil courts. The table below describes the types of United States Courts-Martial:

-	{\|	+	{\|border="1"
	\|'''Court'''		\|'''Court'''
	\|'''Membership'''		\|'''Membership'''
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	Courts-martial exercise exclusive jurisdiction over all persons subject to military law for violation of the military code. Military offenses under the code include insubordination, failure to obey orders, being absent without leave, and disrespect for officers; courts-martial exercise concurrent jurisdiction with civilian law courts over offenses such as murder, theft, rape, and burglary. Under this system, violators may be tried, convicted, and punished twice for the same crime.75		Courts-martial exercise exclusive jurisdiction over all persons subject to military law for violation of the military code. Military offenses under the code include insubordination, failure to obey orders, being absent without leave, and disrespect for officers; courts-martial exercise concurrent jurisdiction with civilian law courts over offenses such as murder, theft, rape, and burglary. Under this system, violators may be tried, convicted, and punished twice for the same crime.75

-	Courts-martial files deposited in the National Archives, Judge Advocate General's Office, contain records of the general courts-martial, courts of inquiry, and military commissions for the period 1809 to 1938. Included are documents describing the personnel and organization of the courts, changes and specifications, pleas and arraignments of the defendants, papers and exhibits submitted to the court for consideration, proceedings, findings, and sentences, reports of reviewing authorities, and statements of actions by the secretary of war and the president.	+	Courts-martial files deposited in the National Archives, Judge Advocate General's Office, contain records of the general courts-martial, courts of inquiry, and military commissions for the period 1809 to 1938. Included are documents describing the personnel and organization of the courts, changes and specifications, pleas and arraignments of the defendants, papers and exhibits submitted to the court for consideration, proceedings, findings, and sentences, reports of reviewing authorities, and statements of actions by the secretary of war and the president. The table below summarizes these records:
		+
		+	{\|border="1"
		+	\|'''Records'''
		+	\|'''Dates'''
		+	\|'''Record Group Number'''
		+	\|'''Comments'''
		+	\|-
		+	\|Records of general courts-martial and courts of inquiry, U.S. Navy
		+	\|1799–1867
		+	\|125, NARA m-film M237
		+	\|Originals cover 1799–1943. Partially name-indexed. Must know approximate date; for some records must know offense as well. Records include name, rank, ship or station, alleged offense, place and date of trial, sentence. May include medical fitness for duty, prison reports, requests to change discharge from dishonorable to honorable. Dossiers include transcript of testimony.
		+	\|-
		+	\|Proceedings of general courts-martial, Marine Corps
		+	\|1798–1866
		+	\|27
		+	\|Arranged chronologically, must know date of court-martial.
		+	\|-
		+	\|Civil War Courts Martial
		+	\|1861–1865
		+	\|125
		+	\|In 1997, author-researcher Thomas P. Lowry began reading the nearly 80,000 court martial files of Union soldiers. Lowry has since published several titles pertaining to these files, i.e., ''Curmudgeons, Drunkards, and Outright Fools: Courts-Martial of Civil War Union Colonels''. (Lincoln, Neb.: Bison, 2003). See also, Trevor K. Plante “The Shady Side of the Family Tree: Civil War Union Court-Martial Case Files” ''Prologue'' 30:4 (Winter 1998) at http://www.archives.gov/publications/prologue/1998/winter.
		+	\|-
		+	\|Court-martial records, Office of Judge Advocate General (U.S. Army)
		+	\|1805–1939
		+	\|153,NARA m-film M1105, Registers of the Records of the Proceedings of the U.S. Army General Courts Martial, 1809–1890. 8 rolls.
		+	\|Case files for general courts-martial, courts of inquiry, military commissions. Arranged by case number. Name index, 1891–1917. The National Archives is compiling a name index for pre-1891 files. Some files include dates of birth, places of residence, dependents, as well as transcripts of trial. Separate series of files exist for 1805–15 (incomplete) and for 1861–65. Registers showing name, rank, unit, place, and date of court provide a partial index to all series. Files dated before 1812 are incomplete.
		+	\|}

	In 1776, when Congress established authority for military courts, no sentence of a general courts-martial could be carried out until confirmed by Congress. This proved to be impractical and was soon modified to apply only to high-ranking officers or death sentences. A little later, the president of the United States had to confirm all convictions of the death penalty in military trials. Noncommissioned soldiers could appeal only to the authority who appointed the military court. Under the National Defense Act of 4 June 1920, a Board of Review was established for review of all general courts-martial cases before punishment could be carried out. In 1952, Congress provided for a Court of Military Appeals through which civilian judges could review all military convictions and appeals from lower tribunals. In its first year, it heard 108 suits on appeal and in 50 percent of the cases reversed the decision rendered by the Board of Review.76		In 1776, when Congress established authority for military courts, no sentence of a general courts-martial could be carried out until confirmed by Congress. This proved to be impractical and was soon modified to apply only to high-ranking officers or death sentences. A little later, the president of the United States had to confirm all convictions of the death penalty in military trials. Noncommissioned soldiers could appeal only to the authority who appointed the military court. Under the National Defense Act of 4 June 1920, a Board of Review was established for review of all general courts-martial cases before punishment could be carried out. In 1952, Congress provided for a Court of Military Appeals through which civilian judges could review all military convictions and appeals from lower tribunals. In its first year, it heard 108 suits on appeal and in 50 percent of the cases reversed the decision rendered by the Board of Review.76

Matrayback at 19:41, 21 April 2010

Matrayback — Wed, 21 Apr 2010 19:41:16 GMT

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	Under Roman civil law, which forms the basis of the legal systems in Louisiana and Texas, adoption was an integral part of family law and was often used to increase prestige and family wealth. Native Americans also practice adoption to varying extents. English common law, upon which the legal systems of most of the states are based, had no provision for adoption until 1926. Even though adoption statutes in America precede this date by nearly a century in some states, the majority did not provide for legal adoption until the latter half of the nineteenth century. Hence, legal adoption of a child by two people who are not the biological parents is a fairly recent action. The table below indicates when the first statutes granting adoption were passed in the original thirteen states and selected others and the court that was given jurisdiction by the state codes.		Under Roman civil law, which forms the basis of the legal systems in Louisiana and Texas, adoption was an integral part of family law and was often used to increase prestige and family wealth. Native Americans also practice adoption to varying extents. English common law, upon which the legal systems of most of the states are based, had no provision for adoption until 1926. Even though adoption statutes in America precede this date by nearly a century in some states, the majority did not provide for legal adoption until the latter half of the nineteenth century. Hence, legal adoption of a child by two people who are not the biological parents is a fairly recent action. The table below indicates when the first statutes granting adoption were passed in the original thirteen states and selected others and the court that was given jurisdiction by the state codes.

-	{\|	+	{\|border="1"
	\|'''State'''		\|'''State'''
	\|'''Date'''		\|'''Date'''
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	\|1882		\|1882
	\|Circuit		\|Circuit
		+	\|-
	\|colspan="3"\|The years given refer to the passage of an adoption law or statute. Prior to these years, adoptions in many areas were formalized by private acts of the legislature or by session laws. See [[Probate]] to find pre-1900 session laws. A useful work is U.S. Children’s Bureau, ''Adoption Laws in the United States: A Summary of the Development of Adoption Legislation and Significant Features of Adoption Statutes, With the Text of Selected Laws. Bureau Publication No. 148''. Emelyn Foster Peck, ed. (Washington, D.C.: Government Printing Office, 1925).		\|colspan="3"\|The years given refer to the passage of an adoption law or statute. Prior to these years, adoptions in many areas were formalized by private acts of the legislature or by session laws. See [[Probate]] to find pre-1900 session laws. A useful work is U.S. Children’s Bureau, ''Adoption Laws in the United States: A Summary of the Development of Adoption Legislation and Significant Features of Adoption Statutes, With the Text of Selected Laws. Bureau Publication No. 148''. Emelyn Foster Peck, ed. (Washington, D.C.: Government Printing Office, 1925).
	\|}		\|}

Matrayback at 19:40, 21 April 2010

Matrayback — Wed, 21 Apr 2010 19:40:14 GMT

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Matrayback at 20:53, 30 March 2010

Matrayback — Tue, 30 Mar 2010 20:53:27 GMT

← Older revision		Revision as of 20:53, 30 March 2010
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	These five volumes index thousands-although not all-appellate court cases in the United States.'' ''Only plaintiffs are indexed. There are quirks in the indexing system; Mr. Spratling provides pointers for overcoming them and for interpreting the citation that leads to the correct volume or volumes of the case reporter. If a particular volume is not in a library, the citation will permit the researcher to request the price for a copy of the reported case from the appropriate state law library.		These five volumes index thousands-although not all-appellate court cases in the United States.'' ''Only plaintiffs are indexed. There are quirks in the indexing system; Mr. Spratling provides pointers for overcoming them and for interpreting the citation that leads to the correct volume or volumes of the case reporter. If a particular volume is not in a library, the citation will permit the researcher to request the price for a copy of the reported case from the appropriate state law library.

-	=''The Federal Digest''==	+	=''The Federal Digest''=

	''The Federal Digest''73 is a series that indexes records of the Supreme Court of the United States, the U.S. Circuit courts of appeals, and the district courts of the United States. These publications will be found at most law libraries and at U.S. Document Depository libraries. Of interest to family historians are:		''The Federal Digest''73 is a series that indexes records of the Supreme Court of the United States, the U.S. Circuit courts of appeals, and the district courts of the United States. These publications will be found at most law libraries and at U.S. Document Depository libraries. Of interest to family historians are:

Matrayback at 20:53, 30 March 2010

Matrayback — Tue, 30 Mar 2010 20:53:02 GMT

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