Archive for January 29, 2011

Today is Kansas Day

Kansas 150 Logo

Today, the State of Kansas marks its 150th anniversary of statehood.  Modern pop culture regards Kansas as quiet, flat, ordinary, and even boring; alternatively it’s portrayed as an idyllic land of sunflower fields.  But neither depiction reflects the reality of historical Kansas.

Statehood did not come easy to Kansas.  In the 1850′s, Kansas was the kindling ground that became a brush-fire that  became the conflagration known as the Civil War.   Kansas Territory attracted two polar opposite groups: ardent abolitionists, largely from New England; and staunch slavery supporters, many from Kentucky via Clay County, Missouri.  Kansans found themselves not only geographically in the center of the nation, but on center stage politically during one of the worst periods in US history.

The path to Kansas conflict was set upon in 1820, when the United States Congress decided to link what had been several separate measures to admit Missouri (a slave state) and Maine (a free state) to the Union and to prohibit slavery in the territories north and west of Missouri. This legislative package was known as the Missouri Compromise.  The idea was to maintain a balance between the slave states and the free states while stopping any further spread of slavery in the country. However, in 1854, Congress enacted the Kansas-Nebraska Act, organizing Kansas Territory and Nebraska Territory. The legislation effectively overturned the Missouri Compromise by providing that the issue of slavery in the territories would be decided by the people of those places. The result in Kansas was voter fraud and violence. The fuse to the Civil War had been lit.

Hundreds of transplanted southerners from Missouri poured into Kansas and elected a territorial legislature and other civil officers.  That first territorial legislature adopted a slave code that bore remarkable similarities to that of Kentucky.

Missourians openly cast fraudulent ballots in Kansas elections and unabashedly intimidated legal residents of Kansas.  These crimes were seldom investigated because, among other things, the responsible officials often were  dual officeholders from Missouri. For example, the District Attorney of one Kansas county was actually the DA of Clay County (“Little Dixie”), Missouri. The sheriff in another Kansas county was the sheriff of another Missouri county.

Slaves ran away from Missouri to Kansas; free blacks were kidnapped from Kansas and taken into bondage in Missouri. As the “Free-Staters” struggled with “Border Ruffians,” the territory became known as “Bleeding Kansas.” Such historical figures as Henry Ward Beecher and John Brown rose to national attention in Kansas. The violence actually spread from Kansas to Washington, DC. On the floor of the Senate in 1856, Senator Charles Sumner of Massachusetts delivered an angry speech called “The Crime Against Kansas” in which he verbally attacked southern senators, including Sen. Andrew Brooks of South Carolina, calling them “hirelings picked from the drunken spew and vomit of an uneasy civilization.” He accused them of “cavorting with the harlot, Slavery.” In retaliation, Sen. Brooks’ nephew, Rep. Preston Brooks, went to the Senate and beat Sumner unconscious with a cane. Sumner was unable to return to the Senate for more than three years.

In the end, the “Ruffians” failed to prevail.  And by 1861, the secession of several Southern states appeared likely and Congress swiftly granted statehood to Kansas on January 29, 1861.

During the war, Kansas was one of the first states to enlist black men.  The First Kansas Colored Volunteer Infantry regiment was organized in 1862, consisting mainly of runaway slanes from Missouri.  The regiment acquitted itself well both before  and afetr its muster into Federal service in July 1863.

A century after the Kansas-Nebraska Act, Kansas was again center-stage in an American controversy.  In Brown v. Board of Education of Topeka, Kansas, the United States Supreme Court held that racially segregated public schools were “inherently unequal” and therefore unconstitutional. The decision changed the destiny of future generations of children as well as changing relationships and attitudes in America.

Kansas Day honors the state and its people who have been, often without appropriate recognition, at the center of  American life and history.  I’m proud to claim Kansas ancestry.  My great-grandfather, Rev. James William Long, was born in Shawnee, Kansas, in 1866.

How to Sell Your Grandmother Guilt-Free

In the last post, we told how our friend Sheri Fenley had been approached by a publisher who asked permission to use a photograph of her grandmother which had appeared on Sheri’s blog.  The publisher apparently had no intent to compensate Sheri although the publisher stood to make a fine sum of money from the publication on the cover of which the photograph would appear.  Sheri made a very generous offer and never heard from the publisher again.

What should a genea-blogger do when approached by a commercial enterprise which wants to  use some of the blogger’s content?  Each individual will come to a different conclusion as each situation will differ from others.  But here are some things to think about:

  • Is the potential user a non-profit whose cause you can support?

If so, you may feel perfectly comfortable lending your content for the greater good.  Even in this event, there are some precautions, you may want to take, which we’ll discuss below.

  • Is the potential  user a commercial enterprise that intends to make a profit from the item(s) that would include your content?

If so, you may want to consider asking for compensation for the use of your content.  To be in the best negotiating position, remembered the adage that “knowledge is power.”  You need to research the enterprise and its industry, to understand what the likelihood of a profit is, and the potential magnitude of that profit.  You need a clear understanding of how your content is likely to be used.

You also need to know what alternatives to the potential user has, because that will affect the price that the commercial enterprise is willing to pay to use your content.

To maximize your potential return, you need to have clear title and exclusive rights to the content that you might permit someone to use. So we need to consider copyright, among other things.

We have discussed copyright at length in this particular space.  I suggest a review of those posts to get up to speed on copyright.  (Just type “copyright” into the search box on this page). Remember some basics: (1) ideas cannot be copyrighted;  (2) facts cannot be copyrighted;  (3) titles cannot be copyright.  On the other hand, forms, formats, and templates can be copyrighted. A particular arrangement of factual material can be protected by copyright law.

What about photographs of people on your blog?  We’ve talked about how tricky copyright for photographs can be.  Go back and review some of those posts as well.  But keep in mind that apart from copyright, people have a privacy right in protecting the use of their likeness for commercial purposes.

In many states, the law protects a “right of publicity.” This right of publicity is simply the right of a person to control the commercial use of his or her identity. The right of publicity is a valuable property right, protecting the commercial value of a person’s identity or likeness. A person desiring to make commercial use of a celebrity’s name, voice, signature, photograph, or
likeness thus must get the consent of the celebrity. Note this applies to commercial use, and not to use in a news story, for example.

In 1979, the California Supreme Court considered two cases, Lugosi v. Universal Pictures, 25 Cal.3d 813, and Guglielmi v. Spelling-Goldberg Productions, 25 Cal.3d 860, raising the issue of whether this right of publicity survived the death of the holder of the right. [Everyone knows that Bela Lugosi (nee Béla Ferenc Dezso Blaskó) played "Dracula" in the 1931 film of the same name; congratulations to those who knew that Rodolfo Alfonso Raffaello Piero Filiberto Guglielmi (1895-1926) was also known as Rudolph Valentino!]

In the Guglielmi case, the studio had exhibited on television a “fictionalized version” of Valentino’s life, depicting the actor’s name, likeness and personality without obtaining the prior consent of either Valentino or his legal heir. The heir sought damages and injunctive relief on the theory that the studio had misappropriated Valentino’s “right of publicity,” and that Valentino’s legal heir was the present owner of that right. In the Lugosi case, the actor’s heirs sought an injunction against and an accounting for profits from the studio which had licensed the use of the image of the actor as Dracula on a variety of commercial products.

In both cases, the California Supreme Court held that the right is not descendible and expires upon the death of the person so protected. In 1984, responding to those cases and several other similar cases, the California Legislature enacted a statute that gave to the heirs of a deceased personality the commercial rights in that deceased personality’s name, voice, signature, photograph, or likeness. As a result, if one desires to use the name, voice, signature, photograph, or likeness of, say, Elvis Presley, in a commercial context in California, one must have the permission of the Presley Estate. The heir’s rights are valid for seventy years after the death of the celebrity. A person who violates the heirs’ right may be liable for damages, including punitive damages.

Although we have discussed this in terms of “celebrities,” the right of publicity could belong to any person. Under statutory law, that right may be passed that person’s heirs.  Thus, in Sheri’s case, she controlled the right of commercial use of her grandmother’s likeness.  The publisher r understood that and that’s why they asked for permission.  Now, here’s what you need to consider:

(1) What purpose is the material going to be put to?  Is the purpose legal or morally objectionable?  Would the use place your ancestor in a false light?  Or would the use be favorable to your ancestor?
(2) Will the use serve some important artistic, scientific, literary or political merit?
(3) What’s the use worth?

Answering question number three is the toughest one of all.  Yet it’s the key to what approach you will take.  Does the potential buyer want to make a one-time use of the material?  For how long does the potential buyer want to use the material?  How many copies of the material would be may?  For how much would a copy of the materials sell?  Would distribution be limited to the United States, or would it be worldwide?  Could the potential buyer authorize others to use the material and receive royalty payments from those others?

To sell your ancestor for too little would be an insult to your ancestor; on the other hand, if you receive a tremendous amount of compensation, you  may be regarded as a callous gold-digger enriching yourself on the bones of your forebears.

In the typical case, you will want to give a license to the potential user of the material.  A license is a limited right to use the material.  You will include in the license the price for the license; the term of the license (i.e., how long it lasts); the scope of use of the material (how often they may use it, what it may be used for, where geographically it may be used).  And you will want to spell out what it cannot be used for, e.g., any used that is illegal in in the jurisdiction where it is to be used, any use that would place the subject of the material in a false light, any used that violates contemporary community standards in any community where the material might be used.  You may think of others.

The license should state whether or not the material can be used to advertise products other than the material to which it may be adhered.  The license will spell out the type of advertising that  can be used with the material.

The license should state whether it includes digital rights,  international rights, and believe it or not, some lawyers are now advising that licenses  include “galactic rights.”  The license should also state whether it is assignable or transferable to other parties.

Here’s an outline of a potential license agreement:

I.  Grant of license.
A.  license granted on condition of payment
B.   amount of payment (one-time fee and/or royalties)
C.  general term (in time) of agreement
D.  general terms of use.

II.  Rights granted
A.  permissible uses.
B.   prohibited uses.
C.  geographical scope of use.
D.  technological scope of use (i.e. digital, digital storage)

III.  Specific terms of payment (when due; where and to whom to be sent)    `

III.  Transfer and assignment

IV.  Indemnification (licensee agrees to indemnify you for any liability arising from unauthorized or other breach of the license agreement).

V.  Termination or revocation (circumstances under which the license may be terminated or revoked prior to the expiration of the term of the line of the license).

I might also put in some recital about the uniqueness and value of the material that is going to be used.  The things I’ve listed above are sort of the minimums that I would put any agreement  with a commercial enterprise who wanted to use something from your blog.

Pricing is a matter of negotiation, and here’s where having good information will help you out tremendously.  Know whether or not there are other sources of similar material that may be in the public domain or may be available at a lesser price than you would want to license for.

You can negotiate these licenses yourself; there are a number of excellent self-help web sites and books available. These include Nolo.com, Lawyers.com (which has licensing templates by state), and Allbusiness.com.  But if it seems like it’s getting too complicated,  you may want to go to a site like Rocket Lawyer.com or LegalZoom.com. In some circumstances, you may need to consult a lawyer, especially if there’s a lawyer on the other side.  Keep in mind that regardless of what the books say or what I suggest, you can put anything you want in your licensing agreement.  It’s entirely up to you.

Grandma for Sale: A Cautionary Tale

A certain genealogist and  blogger (no names, please, but her initials are s.h.e.r.i.f.e.n.l.e.y.) a few months ago had an interesting proposition: she had a chance to sell her grandmother!  What would you have done?

Here’s the tale: Sher, I mean, s.h.e.r.i., had some time ago written a post about her grandmother, Maryellen Harris Skillman, who as a young woman was one of the famed Harvey Girls.  The post was illustrated with several photographs of her grandmother in her classic Harvey Girl outfit.

Quite some time later, She, uh, s.h.e.r.i., received an email from a representative of a large publisher (who really will remain nameless here; take my word for, they are BIG), who asked if our friend would allow them to use one of the photographs of her grandmother from her blog on the cover of an upcoming publication about the Harvey Girls.  This publication would be sold to schools, professional groups, and community groups who would be charged a basic fee for copies of the publication itself plus a fee for each time the subject matter of the publication was used publicly by the purchaser. (Those are the basic facts; I’m being a little vague so as not to identify the company).   The email said nothing about compensation, but instead had the breezy tone of a neighbor wanting borrow a cup of sugar.

Sheri (I’ve given up all pretense here!) wisely (or not, you decide) turned to her favorite genealogist-lawyer for a little advice. (She’s waived the attorney-client privilege for those you who worry about that kind of thing).  Fortunately, I was familiar with the publishing company and I checked out what potential there was for their proposed use of Sheri’s photograph. (I also determined that Sheri was the likely owner of the copyright of the photograph–too complex to explain here).

The publishing company stood to make a tremendous amount of money from sales of the publication and the other fees.  Sheri made them a very generous offer: basically a one-time fee of a few hundred dollars for the right to use the photo for a term of years (until the copyright expires) and some reasonable conditions to ensure that her Harvey Girl grandmother wasn’t morphed into a Hooters Girl granny.   This offer was for U.S. rights only and did not include sales of the publication to certain professional groups who themselves stood to make lots of money from their use of the publication.  There was also to be dealt with the matter of advertising the publication as well as advertising by groups who used the publication.

Sheri’s offer was very modest considering that she was being asked to authorize the use of the likeness of a revered ancestor for commercial purposes.  It was also very modest in that the photograph itself is unique.  There are sources of photographs of Harvey Girls available elsewhere, some in the public domain.  None, however, are quite as suitable or nearly iconic as Sheri’s photograph. It would be reasonable to presume that Big Publisher knew that, but wanted Sheri’s photograph for its uniqueness AND their assumption that they could get it for nothing.

So what happened in the end? Well, Sheri never heard from Big Publisher again. That was a bit disappointing. Sheri would have been proud to have her grandmother be the face of the Harvey Girls in this potentially international publication; on the other hand, she didn’t want to sell out a special relative’s likeness and reputation without some safeguards.  Sheri was not trying to profit from her grandmother’s picture. [But suppose she had? The rights she holds are valuable and Big Publisher was ready to exploit those rights.]

What would you have done?

COMING NEXT: A Few Tips on Protecting Your Rights and Your Ancestors’ Reputations

On this King Holiday, Some Personal Memories

Half a century ago, in 1961, my family lived in West Germany (a name of a state now washed away  by history), as my father, an Army captain at the time, finished a tour of duty there. It was time for him, in Armyspeak, to “rotate back to CONUS” (i.e., to return to the continental United States). By early summer, he had received orders to report to Fort Lee, Virginia, by  15 September 1961.

The tides of history were about to exert a very personal force. To understand this force we have to look back to May 17, 1954, and understand how life in America changed that day.

In the spring of 1954, my father was in his junior year at Lincoln University in Jefferson City, Missouri, a college which had been founded by members of the 62nd and 65th Infantry Regiments of the United States Colored Troops. My mother had graduated a year before. Like nearly everyone else in America, they were awaiting the the decision of the United States Supreme Court in several consolidated cases, collectively known as Brown versus Board of Education of Topeka, Kansas. On May 17, that decision came.

Chief Justice Earl Warren, writing for a unanimous Court, held that racially separate  facilities in public education were inherently unequal and therefore unconstitutional under the Equal Protection Clause of the U.S. Constitution. The court directed that states end segregation in public education.

One of the consolidated cases was called Davis versus County School Board of Prince Edward County, Virginia. It arose from the segregation of Moton High School in Farmville, Virginia. In reaction to the decision of the Supreme Court, Virginia state officials instigated what they called “Massive Resistance.” The campaign, led by Democratic Senator Harry F. Byrd, Sr., was intended to keep Virginia schools segregated. Byrd signed on to what was called the “Southern Manifesto,” a tract sponsored by more than 100 members of Congress from Southern states. The Manifesto asserted that the Supreme Court had abused its power.

This unwarranted exercise of power by the Court, contrary to the Constitution, is creating chaos and confusion in the States principally affected. It is destroying the amicable relations between the white and Negro races that have been created through 90 years of patient effort by the good people of both races. It has planted hatred and suspicion where there has been heretofore friendship and understanding.

Most of those “90 years of patient effort” had been characterized by the passage and enforcement of “Jim Crow” laws.

Local officials in Virginia were especially willing to take the Manifesto to heart and vowed to do all they could to prevent integration of their schools. Indeed, in Prince Edward County, the school board vowed to shut the schools completely rather than comply with the laws requiring integration. And they did so in 1959.

My parents were certainly aware of this situation. And so when my father got orders requiring him to be posted to Virginia, let’s say he was something less than enthusiastic about going. He would rather risk is Army career than go to Virginia. He emphatically told his commander that he could not go to a place where his children could not go to school; that he would not go to a place where his children could not go to school. For awhile, nothing happened. It caused my father much anguish contemplating what he would have to do, possibly resign from the Army. But one day, a friendly white NCO told my dad about a place called to Sandia Base in Albuquerque, New Mexico. My father had never heard of it; not surprising because it was at least semi secret and had only existed for less than 15 years. It was not an Army base, per se; it was run directly by the Department of Defense and had members of all services as well as numerous civilians to support the military’s nuclear weapons program. The friendly noncom told my dad than Albuquerque’s high altitude and dry  climate would help a chronic respiratory condition that my father had had for years. There was his escape hatch. With the NCO’s help, my dad requested to have his orders changed to Sandia Base, New Mexico. Providentially, the request was granted, and we arrived at Sandia Base in time for school to start in September 1961.

The nation was in the throes of change when it came to issues of race and civil rights. A new president had been inaugurated that year and civil rights advocates had high hopes that he would push legislation to end Jim Crow laws throughout the South. And  a young minister from Georgia, the Reverend Martin Luther King Jr., who continue to show bravery and resolve through difficult situations, always urging nonviolent responses, to achieve the goal of racial equality in America.

Growing up in Albuquerque, the civil rights movement was more like a TV miniseries to me than anything real. Albuquerque was a a city of barely more than 200,000 people as of the 1960 census. According to the Census Bureau, there were just 3,568 blacks living in Albuquerque at the time of the 1960 census, comprising only 1.8% of the population. [Today as a city of more than half a million, Albuquerque has something less than 20,000 African-Americans making up 3.8% of the population].

There was no particular place in town where black people lived although there were racial covenants and restrictions in deeds. There did seem to be a concentration of blacks in the southwest area of town, where Lincoln Junior High School was located. The perception was that that area was the black part of town, but with less than 3500 like people in town, how could there be a black part of town? Nonetheless, I remember  trepidation expressed by some of my white classmates when Van Buren Junior High School went to Lincoln to play a basketball game.

One of the few racial incidents that involved our family I recall very vividly. Soon after we arrived in Albuquerque, my parents were told that it would be a long wait for base housing. So they decided to look for a place to rent off the base. My mother found in the newspaper a quite suitable place in the relatively desirable neighborhood called Princess Jeanne. She called the landlady on the phone and inquired about the place and was told that she could have an appointment to come see it. So we all loaded into the 1961 Rambler and went out to the Princess Jean neighborhood in the Southeast Heights. The four of us children stayed in the car as my parents approach the house. I could see the door opened just a crack and saw an elderly white woman talking to my parents. They talked for a while and then my parents came back to the car, and it was clear that we would not be renting that place. The woman had said “You didn’t tell me you were colored.” The woman said, “You didn’t sound like a colored woman on the phone.” She said, “I would not have wasted your time and mine if I’d known you were a colored woman.” So ended our adventure to live off-base. Once again, providentially, base houisng was soon opened.

From the peace of the ultimate gated community my siblings and I watched the civil rights movement on television. We saw Bull Conner and his policemen in Birmingham release dogs after firehosing a crowd. We saw the aftermath of the bombings in Birmingham. In 1963, we watched the March on Washington. All along the way our parents tried to give us a sense of context of what was going on, because nothing like that happened to us in Albuquerque.

In 1964, we watched television news reports of the reopening of the schools in Prince Edward County, Virginia. There were children 10 and 11 years old who had not been to school a day in their lives and were starting first grade.  As I watched this, it occurred to me that the people hurt the most by the school closure were not the black people, but the poor white people. The middle class white people had opened so-called “segregation academies”,  private schools where they educated their children. The black people using survival skills that stemmed from slavery educated their children in their churches and in the homes of others. The poor whites went without school. That’s one of the ironic contradictions of institutionalized racism.

The Albuquerque public schools were completely integrated. The two schools on Sandia Base certainly were. But if there were few black people in Albuquerque itself, there were even fewer on Sandia Base. I don’t recall seeing a black child in school with me who wasn’t one of my siblings until I was in sixth grade.

It took a trip to Texas in 1962 with my grandmother [Jessie Beatrice Bowie, 1909-1973] for me to see firsthand the effects of Jim Crow. I’ve written about my Texas vacation in this space before, but I left out one significant incident.

We were primarily visiting in Rockport and Corpus Christi, but my Aunt Pansy [Pansy Emely Manson Warren, 1911-1990] owned café and motel in the town of Taft, Texas, a distance away from Rockport. One afternoon and evening, we took a bus to go to Taft from Rockport. It was a stormy night, with rain and wind like only the Gulf Coast can experience in late summer. At some point, the bus driver stopped and announced a break of about 15 minutes. We were in front of a small café in some town between Rockport and Taft. My grandmother and my sister and I went into the café with the other passengers. My grandmother went to the counter to order Cokes. A young white girl behind the counter brought her three Coca-Cola’s in the classic Coca-Cola bottles. We stood at the counter and began to drink. The white girl came back over and said politely, “Colored people are not allowed to sit at the counter.” My grandmother said, “Come on, let’s move away.”

I was outraged. I thought to myself, my Daddy is a captain in the United States Army. What do you mean I can’t sit where I want to sit. I didn’t say it aloud, however, because I didn’t know how my grandmother would react. We found a table and sat there and continue to drink our Cokes. Then I had to go to the restroom. My grandmother said, knowing what I would find, “It’s right through there,” indicating an arch opening at the rear of the cafe. I went “right through there” and was confronted with not two restrooms, but four: one that was labeled “White Men,” another labeled “Colored Men,” and two others signed “White Women” and “Colored Women,” respectively.  I was so dumbfounded that I wasn’t exactly sure which one I should go into.  After a couple of minutes of thinking over the situation I went into the “colored” bathroom.

There were two drinking fountains outside the bathrooms: one marked  “Colored People,” and one marked “White People.” Fortunately I didn’t have to get a drink of water since we’d been drinking Cokes.

People began drifting back to the bus, and my grandmother said we should go finish our Cokes on the bus. And we did. Soon more passengers drifted back to the bus, including the driver. It was still seriously raining in the Gulf Coast storm. Just as the bus driver was about to pull out of the parking lot, I saw a huge fat white man, come running out of the café with his belly barely covered by his T-shirt, barefoot, and  yelling something. As he got closer, I could make out what he was agitated about. He was yelling, “Don’t let them niggers run off with my bottles.” His  5-cent deposit bottles.

Late that night we got to Aunt Pansy’s place in Taft. It had been a long day so we went right to bed. In the morning, we went to to breakfast at Aunt Pansy’s cafe. I noticed in her café there was a sign that said, “We reserve the right to refuse service to anyone.” And I immediately thought of my experience the previous night. I asked Aunt Pansy, “Does that mean you can refuse to serve white people?”  She chuckled, and she said, “It means I can do anything I want.” Somehow, that didn’t ease my troubled mind.

Life is different in America today; different for the better, mainly. And we, all of us regardless of race,  owe a debt of gratitude to the civil rights pioneers, exemplified by the Rev. Martin Luther King, Jr.

Federal Court Research Useless to Genealogists? We Report, You Decide

Last week we reported about PACER, the federal courts’ Public Access to Court Electronic Records system.  We demonstrated how it works, and suggested that it may have some genealogical research value.  Reader Martin has some issues with that post.  In the comments Martin says:

How many genealogical brick walls have been broken down via federal court cases?  Not many–possibly none.  Federal law is completely searchable in appellate and supreme court cases, but those are just matters of law.  District court case opinions (about only 15% are published and maybe as much as 30% are online) are also just matters of law.  Even when you can use a database such as Pacer (and you don’t mention the date restrictions–you just say “recent”), not all facts may be in those documents and it is the facts a genealogist would need.

Stick with local and state court cases–that’s where you find genealogical gems.  And all those for the time period before 1960 are not online.  {with rare exceptions such as the Salem Witch Trials}.  Go to an Archives!!!!

Always ready for a great debate, in a most civil manner, of course, we respond:

1.  How many genealogical brick walls have been broken down via federal court cases? Martin says: “Not many–possibly none.” I have three responses to that.  First, I don’t know that anyone knows how many genealogical brick walls have been broken down via federal court cases.  I know at least one in my own research.  Second, brick walls are not broken down by any one single piece of evidence.  A federal court case that one finds on PACER may well contribute, like every other piece of evidence, to chipping at the wall to one degree or another.  Third, the point of any particular resource such as PACER or any archival matter, is not solely to break down brick walls.  It’s to add richness and texture to one’s research; it’s to ferret out the stories; it’s to make a complete portrait of an ancestor or an ancestral family.  Without those aspects, one is merely collecting names and dates.  So for example, I learned that my grand uncle Elias Bowie, as a young man, was tried and convicted in the US District Court for the District of Arizona for selling liquor to an Indian on Christmas Eve 1938. This put a little different shade on the family portrait of Elias as an entrepreneur (which clearly he was later in life).  It also told me that he was in Arizona in 1938, which came as a surprise to me.  I had long believed that he had worked in Louisiana during the 1930s, and then went into the Army in the 1940s.  So another aspect of his life was revealed to me.  Of course that raised more questions too.  What was he doing in Arizona?  Why was he in Arizona?  When did he get there and when did he leave?  And one can think of many other questions that would arise.

2.  Federal law is completely searchable in appellate and supreme court cases, but those are just matters of law. I have several responses to that.  First, it’s true that federal law is just about completely searchable in appellate and supreme court cases.  Opinions of the appellate courts (including the Supreme Court) are available in a number of places online, including PACER.  And some of these places may be easier to search than PACER, though few at the minimal cost of PACER (there are a few online places that are free).  But these are not merely “matters of law.”  Appellate cases often contain a rendition of the facts found by the trial court.  Often it is easier to find the basic facts from an appellate opinion than it is to find any published material from the trial court.  So it’s not correct to say that these are “just matters of law.”  Second, even if they are just “matters of law,” appellate cases set precedents.  Who wouldn’t want to know if their ancestor had been involved with the setting of some great precedent?  Wouldn’t that be a grand genealogical discovery!  Again, it goes to the story, and tells us about the people behind the names and birth dates.

3.  District court case opinions… are also just matters of law. This is plainly incorrect.  The trial court is where the factual record is developed.  The trial court is where witnesses are heard, exhibits are presented, and all manner of evidence may be offered and either admitted or rejected.

4.  Even when you can use a database such as PACER… not all facts may be in those documents, and it is the facts  a genealogist needs. Indeed, the great strength of PACER is that one may find hard copies of documents online, which is something that can’t be done in many other legal databases.  And, Martin is correct that not all the facts may be found in those documents, but not all the facts are going to be found in any single document or set of documents.  The documents on PACER provide facts that would be of genealogical interest.  For example, PACER records provide the obvious fact that the person was involved in a court action, but may also provide the person’s name, address, and other vital information.

5.  “… you don’t mention the date restrictions–you just say “recent” …” I beg to differ here.  In the original piece, I use the phrase “relatively recent” and qualify that by saying “especially those from the 1990s.” I also say that most courts electronic records go back a very limited period of time, most commonly to the 1980s.  But I also say that there are courts whose records go back as far as the 1930s, and I describe how to check the date limitation on any particular court.

6. Stick with local and state court cases–that’s where you find genealogical gems. I agree that one is more likely to find “genealogical gems” [doesn't Lisa Louise Cooke own that phrase?] in state court cases.  And I try to indicate that in the first piece by stating that federal courts are courts of limited jurisdiction–there are no divorce cases, very few accident cases, no juvenile cases.  But I wouldn’t say “stick” with local and state court cases, to the exclusion of federal court research; that would be to overlook a huge body of potential evidence, limited in scope though it may be.  Additionally, by sticking to state and local cases, you would overlook bankruptcy cases, which are wholly federal, and can be packed with significant family history information.

7.  Finally, Martin says, “Go to an Archives!!!” I absolutely agree with this: go to an archives, go to your local library, go to your County Clerk’s office, go to the local courthouse.  It’s not all online, but don’t overlook a potentially good resource like PACER, just because it might not have everything you need.

A Little Bit Closer to Charlotte Manson

Sometimes it seems as if ancestors choose to reveal themselves a little bit at a time.  The records and evidence may be out there somewhere, but they may not be apparent for years.

We have noted in this space several times before that I trace my paternal lineage to a Scots woman  named Charlotte Manson.    But she remains a figure shrouded in mystery.  We know of her because of a gift given to one of her granddaughters, Mary C. Manson, in 1856.  Mary and her sister Matilda (my direct ancestor) were daughters of Jane Manson, a so-called “free woman of color”  in Georgia before the Civil War.

The chain of evidence looks like this:

1. Me (my birth cert., marr. lic., mil. recs., newspaper articles, other state & fed. recs.)

2. My father (birth cert. marr.lic., mil. recs., newspaper articles, other state & fed. recs)

3. Quentin V.H. Manson (1913-1987) (school recs., census, city dir., death cert., other gov recs.)

4. Otis Manson (1874-1950)(census, city dir., death cert)

5. Matilda Manson (1843-1910?)(census records)

6. Jane Manson(1826-1880?)(census records, land records, court records)

Then comes Charlotte (1797?-?).  How do we know she existed and was the mother of Jane Manson?

I mentioned above that we know of her through a gift given one of her granddaughters, Matilda’s sister Mary (1846-?).   In 1852, a man named Nathaniel Brown deeded a piece of land to  Mary Manson, who was then a minor.

Nathaniel Brown to Mary Manson deed

Nathaniel Brown to Mary Manson deed, page 2

The deed, recorded in the Taylor County, Georgia, Superior Court, a (less-than-optimal) copy of which is reproduced above, reads as follows as I can make it out:

State of Georgia.
Taylor County.
Know all men by these presents that I Nathaniel Brown of the county and state aforesaid for and in the consideration of the love, good will and affection, which I have and now bear towards Mary C. Manson, daughter of Jane Manson of the County aforesaid do give and grant to the said Mary C. One-half acre of pinelands, where Jane Manson now lives it being in the Southwest corner of that lot of land conveyed to me on the fourth day of this June by J.C. McCants, A. McCants, and J.T. Gray, containing three acres of land, which lot of land as aforesaid I do hereby [unreadable] Mary C. Manson with the following caveat: that [unreadable] shall have the [unreadable] and control of the Land for and during her natural lifetime, but the aforesaid property is not at any kind to me subject to the debts, nor contracts of the said Jane Manson, which property I hereby give as above-mentioned, and that I do hereby relinquish all my claims, interests, right and title to the above named land against myself, my heirs, and assigns forever. In witness whereof, I the said Nathaniel Brown have here unto set my hand and seal this 8th day of October 1853.

N. Brown {seal}.

Signed, sealed and delivered in presence of us

W. W. Wiggins

Isaac Mulkey J. I. C.


Recorded on the 14th day of November 1853
John A.W.M. McCants, Clk

[notes: "J.  I.  C." stands for "justice of the inferior court."  The McCants family was quite large and quite prosperous, apparently, as they appear in many, many land transactions in several counties in central and western Georgia in the mid-19th century.]

So how does that put us closer to Charlotte Manson?  Well, three years later, the affidavit which appears below was filed in Taylor County Superior Court.  My transcription follows.

Nathaniel Brown affidavit Re: Jane Manson

State of Georgia

Taylor County

This is to certify that Jane Manson, commonly called Jane Brown is and ever was a free born person her mother being a white woman married to James Curington of Marion County formerly now Taylor. Her mother’s maiden name was Chalotte [sic] Manson.  Jane is I suppose about Twenty Six or seven years old from the best information I can get and that the said girl’s color came from the father’s side who was the Creole or Indian race as information says which her appearance indicates references Starling Barlett, Eliakim Rhodes, Absolem Rhodes, former Tax Receiver of this county and many others of Taylor County who knew her mother and Jane before I did.

In testimony whereof I have hereunto subscribed my name.

N. Brown

John Sturdivant, JP

Button, Taylor County
May 30, 1856

Recorded 30th day of May 1856

Isaac Mulkey, Clerk

This is the first record mention of Charlotte Manson that I found.  For years it was the only record mention of Charlotte Manson that I could tie to Jane and her children.  It was the only record that I hand that Charlotte Manson even existed.  Then a few days ago, over at FamilySearch.org,  I discovered the following in the Georgia Marriages 1808-1967 collection:

Groom’s Name: James Curington

Bride’s Name: Charlotte Mansel (sic)

Marriage Date: 12 February 1837

Marriage Place: Sumter, Georgia

So who was Charlotte Manson?  Who were her parents?  Where was she born?  There are bits and pieces of evidence that suggest that she may have been born in either the Savannah, Georgia, area or in neighboring South Carolina.  There are hints that she may have been born sometime between 1790 and 1800. There are wisps and strands that seem to say she was born a first-generation American to Scots immigrants. But none of these things can I take to the bank and get any credit.

I may never know in my lifetime just who Charlotte Manson really was, but today I’m a little bit closer.

Finding Federal Court Records for Free [Mostly!]

“Court records” can mean literally anything of public interest filed with the courts.  But some of the juiciest stuff is to be found in criminal cases and civil lawsuits.  Ron Arons has an excellent book out called Wanted:US Criminal Records–Sources & Research Methodology.  He describes the state and federal repositories for these records.  I’ve used his book several times in the last year to successfully find criminal records for ancestors that I have been researching.  I highly recommend Ron’s book.Wanted

There is however, a slight chance for the lucky among us, that we could find certain federal criminal records and civil lawsuits relevant to your research online–all free (or almost free), courtesy of good ole Uncle Sam.

Back to Basics

Whether you’re using Ron’s book, or you’re trying to find certain records online, it helps to remember your basic civics.  The United States has two systems of  courts: the federal courts established under the Constitution of the United States, and the state courts established under the constitutions and laws of the various states.  We are concerned here with the federal courts.  The Constitution says that the judiciary of the United States shall consist of “one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.” The “inferior courts” include 13 courts of appeals and 94 district courts (and some other critters known as “Article I courts,” but we  will take those up at some other time).

The best way to study this pyramid is from the bottom up.  Each state and territory, as well as the District of Columbia, contains one or more federal judicial districts.  California for example, has four federal judicial districts: the Northern District, based in San Francisco; the Eastern District, based in Sacramento and Fresno; the Central District based in Los Angeles; and the Southern District, based in San Diego.  Each of these districts has a district court, which may consist of one or more district judges, and usually one or more “subordinate” judicial officers, known as magistrate judges.  These are the trial courts in the federal system: the courts of first instance. These courts are where federal judicial matters generally are first commenced (with some exceptions not relevant to our discussion here).  These courts are where witnesses are heard, juries are impaneled, verdicts and judgments reached and entered.

The 94 district courts are organized into 12 judicial circuits.  Each judicial circuit represents a court of appeals.   For example, the Ninth Circuit, the largest of the 13 circuits [okay, now, is it 12 or 13? We'll get to that in a minute.] hears appeals  from the district courts in the states of California, Arizona, Nevada, Oregon, Washington, Idaho, Montana, Alaska, Hawaii, as well as from the courts in Guam, and the Commonwealth of the Northern Marianas Islands.  Most of the circuits are identified by numbers 1 through 11. We get to 13 circuits by including the U.S. Court of Appeals for the District of Columbia Circuit*, which is like the other circuit courts of appeals, except that it hears appeals only from the U.S. District Court of the District of Columbia; and the U.S. Court of Appeals for the Federal Circuit, which is a specialized court with jurisdiction over patent cases, claims against the federal government, certain trade disputes, and other issues. There are no district courts permanently nested within the Federal Circuit.

The graphic below shows the whole U.S. federal court system with which we are concerned.

US Courts

The circuits are color-coded and within state borders, faint gray lines are visible which denote the districts within the state. For example, the close-up below depicts the 11th Circuit, comprised of the federal district courts in Alabama, Florida, and Georgia.   The 11th Circuit’s main office is in Atlanta, but the appeals court has locations in each of the three states. You can also more easily see the district lines.  Georgia, for example, has U.S. District Courts in its Northern, Middle, and Southern Districts.

US Courts - 11th Cir

And of course at the top of the heap is the United States Supreme Court.  The Chief Justice of the United States presides not only over the Supreme Court, but is also the head of the entire federal judiciary.

Over the years, and perhaps especially during the tenure of the late Chief Justice Rehnquist, the judicial branch has made tremendous strides in unifying, modernizing, and streamlining its procedures, and access to its records by the public.  One of the Rehnquist-era innovations is called PACER, which stands for “public access to court electronic records.”

PACER is a great tool for finding relatively recent federal criminal, civil, and bankruptcy filings, especially those since 1990. PACER can be found on the judicial branch’s homepage, www.uscourts.gov or on its own page, www.pacer.gov. Literally anybody in the world with an Internet connection can access PACER; you do not have to be a lawyer or a judge or in any way affiliated with the courts.

Here’s how PACER works: when attorneys file papers with the court, the papers are scanned, digitized, and organized into case files. Most federal courts have or require electronic filing of case documents.  The files are posted in the Case Management/Electronic Case Filing  (CM/ECF) system. PACER is essentially a public portal search into CM/ECF.  We will demonstrate PACER’s search functions.

But first, a couple of caveats about federal court records and PACER.  The federal courts are courts of limited jurisdiction.  That is to say that the Constitution and Congress define e the powers of the federal courts.  So, for example, you’ll find no divorce cases, no small claims cases, and generally no probate or juvenile cases in federal courts.  You may find personal injury cases, but only if the opposing parties are from two different states aand the amount of money at issue is greater than $75,000.  You can find federal criminal cases, bankruptcy cases, cases brought against the federal government and cases brought by the federal government against companies or individuals.

The second caveat is that most courts’ electronic records go back a very limited period of time, most commonly to the 1980s.  However, many courts have case documents back into the 1950s and even the 1930s.

Using PACER

Go to the PACER homepage at www.pacer.gov.  You can also reach it by clicking on the “Court Records” tab on the United States Courts web site [www.uscourts.gov]. Once at the PACER homepage, go to the “Register” tab.   You will want to register for “Case Search Only.”

Pacer home

register pacer

PACER Case Search Only

Anyone with access to a computer can register for a “case search only” account.  There is no registration fee.  However, if you download pages from PACER, the fee is eight cents per page.  But the government has a policy of not invoicing the fee unless and until the fees reach $10 in any one calendar quarter;  for most users, therefore, many searches will be free. You do not need a credit card to register.  But if you do input credit card info, you will receive your password electronically; without a credit card, you have to wait for the Pony Express to arrive.

pacer registration part 2

registration pacer credit card

Once you have your PACER login and password, click on “Find a Case.” You will have two choices here: you may either search the entire PACER locator,or you can search individual court web sites, if you have an idea where the records you seek might be.

PACER find a case 1

Let’s first try the PACER nationwide locator.  On this page, we can see that we have the choice of which types of cases, we want to search: appellate, bankruptcy, civil, criminal, or multidistrict litigation.  This last category is very rare and so we won’t go into that.

PACER find a case 2

Let’s look for criminal cases involving one of my family names, Sanford. we can search all courts, if we want; or we can be more specific.  Recalling that the Sanfords were primarily in the South, and more Texas, we’ll want to search the circuit that includes Texas. Looking at our map of the federal judiciary, we see that Texas is in the Fifth Circuit.  So we’ll start there. We scroll down to the Fifth Circuit, under “Region.”  Then we type the name Sanford in the party box, and click search. Caution: do not check the “exact match” box unless you have included a complete name consisting of at least a first and last name.

PACER Find a case 3

View video demo

Our search reveals 30 records of criminal cases involving parties with the name Sanford in the courts of the Fifth Circuit. In the column headed “Court,” there is a code which tells us, which court in the Fifth Circuit that particular case is pending.  The code is easy to read: the first two letters are the state abbreviation and the second two letters indicate the district in the state where the case is pending. For example, the first case on the list, that of Andreko Deshan Sanford, is pending in the court identified as “msndce.” that means the Northern District of Mississippi.  Going back to the US courts page,  we can ascertain that the United States District Court for Northern District of Mississippi sits mainly in Oxford, but has branches in Greenville and Aberdeen.

PACER Find a Case 4

We were looking for Texas Stanfords so we can proceed in one of several ways.  We can filter these results by court by going to the filter tab, and selecting courts that began with “tx.” Or we can start a new search. This will take us back to the first page of the Pacer case locator.  We’ll go under the criminal tab again.  Under “Region,”  we’ll scroll down to Texas without indicating a specific district.

View video demo

PACER Find a Case 5

A search for “Sanford” this time yields 19 records in all U.S. District Courts in Texas.

PACER Find a case 6

For purposes of illustration, let’s choose the case of Misty Sanford (I do not know her to be one of my Sanford relatives, but who knows?). We  click on her case number and we get the following page:

PACER Find a Case 7PACER Find a Case 7a

There is a variety of information available on this page, but most people are going to be interested  in the documents in the case. To see the documents in the case, do not go to “View a document,” unless you already know the document number [most likely you won't know the document number, because you will not have seen the docket].  Instead, go to “Docket Report” and see this page:

PACER Find a Case 7b

There’s no need to enter any additional information on this page, simply sort by the drop-down menu to “Oldest Date First,” then click on “Run Report.” The following page appears:

This shows us a summary of the case against Misty Sanford.  She’s charged with cruelty to animals, unlawful entry and failure to register her pets; not exactly the crimes of the century.  If we scroll down further, we come to a list of documents in the case.  At this point in her case there only two documents.  Before we look at them, notice the box at the bottom of the page.  It tells us that we’ve been charged eight cents for viewing the current page.  Remember we won’t be actually be charged for this, unless our charges in this calendar quarter exceed $10.  And furthermore, if a document that we pull up exceeds 30 pages, we only get charged for the first 30 pages.

The documents are numbered with hyperlinked numerals.  For example, document number one in this case is called the information. This is often the first pleading in a federal criminal case. When we click on this document, we get the following page:

PACER Find a Case 9

Note that since the document is four pages long, we been charged $0.32 for pulling it up.  Click on “View Document” and a PDF version of the document appears.

We said earlier that the most common cases were from the 1980′s and 1990′s. If you are interested in the records of a specific court, check out the tab labeled “Court Information” at the top of the Pacer case locator page. A pop-box will appear giving dates of the earliest cases in that court’s electronic file.

PACER Court Info 1

PACER Court Info 2

Some of the older cases do not have the actual documents scanned in.  Instead they have textual descriptions of the contents of the records.  This is where you want to get Ron Arons’ book and find out where the actual records are kept.

GeneaBlogie 2011

What’s coming up on this blog?

It goes without saying that here at GeneaBlogie, we regard the passing of 2010 with the attitude, “good riddance!” It was certainly not one of our better years.  But as the great Satchel Paige said, “Don’t look back, [it] may be gaining on you.”  So we look forward the to what’s coming up in this space.

First, 2011 represents the 50th year since my family moved to Albuquerque.  To put this in perspective, at the time New Mexico had not yet celebrated its 50th birthday as a State [New Mexico is the 47th State, admitted to the union on January 12, 1912].  The time that we lived in Albuquerque was a tremendous significance to our family’s history.  We lived on the southeast outskirts of the city at Sandia Base, which I have described in previous posts as the “ultimate gated community.” Our very presence there had been set in motion by historical events occurring many many years before, one being the Civil War.  How the Civil War had anything to do with our living on the nation’s principal nuclear weapons installation is a story that will be told.

Second, speaking of the Civil War, 2011 is the sesquicentennial of the start of the shooting part of the Civil War.  There are stories to be told about the war obviously in how it affected my ancestors.

Third, we’ll be writing about what I call “The Gines Diaspora.”   These posts will be my research in advance of my maternal Gines family reunion to be held in July.  If you look on the  left hand column you will see a page called “The Gines Diaspora,” but if you go there, you will for a but cautioned that the information is outdated.  I will be updating that information between now and July and reporting on it in the blog.

Fourth, the Grand Genealogy Journey will continue, although in somewhat of a nonlinear fashion.

Fifth, we will discuss some legal concepts that may be important to genealogists that we’ve yet to touch on in this space.

Those are our priorities, not necessarily in that order.  Loyal and Constant Readers (and I thank all three of you of your support through 2010!) know that we usually do a lot of other things here, and we’ll try to get back to some of that stuff in 2011.

So, no resolutions, no promises, but as always, a commitment to Learn, Share, Enjoy and Appreciate!