The Family Tree Problem Solver: Tried-And-True Tactics for Tracing Elusive Ancestors (18 page)

There are also other special categories of tax payers, such as inmates and freemen.
The right to be called a freeman was a political right dependent upon specific qualifications imposed by law. They were not freed slaves, nor released indentured servants. They were enfranchised citizens. In New England, variations occurred throughout the colonies. A freeman was a member of the established church in Massachusetts Bay and New Haven until the Restoration in 1662. Owning property became a requirement in some colonies in the late seventeenth and eighteenth centuries, so you will need to check the exact statutes before making generalizations. In New York, New Jersey, and Delaware, there were also qualifications of age and property, but church membership was not a requirement. In Pennsylvania, a freeman was usually unmarried and thus free of family obligations. He was listed separately and sometimes at a higher rate. When he married, his name was added to the regular tax rolls. Knowing this can be extremely helpful for research in Pennsylvania, where civil marriage records were not kept until 1886. In the South, qualifications were similar to those in New England, but the church was expected to be the Church of England. Contrary to what you may suspect, an “inmate” on the tax list was not a prisoner. He was one who rented his land from a landlord and was taxed on his income.

Be aware of special taxes levied in some areas, such as an extra tax on clocks, guns, pianos, carriages, and other luxuries. Tax lists are an excellent resource for determining how your ancestor lived in relation to others in the community. For an excellent example of this methodology, see R. Martin Keen's article, “Community and Material Culture Among Lancaster Mennonites” (see the bibliography at the end of this chapter).

Tax records can also be related to deeds and conveyances, because when taxes were not paid, real estate could be sold for the taxes owed. For example, after the Civil War, the federal tax that had been levied during the 1860s was extended to the South, where many were unable to pay. The government acquired a lot of land, most of it then sold for back taxes.

Records for special taxes can be informative in others ways. In Pennsylvania in the year 1777, the colony levied a double tax on Mennonites and other Anabaptists who refused to serve in the militia. These men were called “non-associators.”

Professionals such as lawyers, physicians and teachers, merchants, tollgate keepers, and other groups sometimes had to pay additional taxes.

Until 1829 Roman Catholics, who were regarded by some Englishmen as traitors to the Crown, were subjected to extra fines, levies, and a standard double land tax. These special taxes applied in many of the colonies until the time of the Revolution. Watch for particularly high assessments for clues to the tax status of your ancestor. Again, you must study the specific statutes of the colony or state in effect during the time you are researching. The examples above describe only a few of the special taxes that existed, but they show how much one can learn if the tax assessment qualifications and rules are understood.

Two types of circuit records exist at the county level: criminal and civil. Criminal records concern individuals believed to have committed crimes against the state, according to state or local statutes. Civil cases are initiated when one individual sues another. These records are officially kept in the circuit clerk's office, although storage limitations may demand that the records be kept off the premises. The terminology for these records may differ from state and state.

Two series of records are kept of the cases filed. The first are the minutes (which are indexed according to the plaintiff or defendant). These minutes record the course of the case as it proceeded from filing to disposition. Court activity such as motions filed, verdicts rendered, appeals, and judgment executions are recorded here. The second set of records is the case files, and if available, these can put a good deal of flesh on the bones of your ancestors. They contain the documents filed with the court, such as petitions and responses for divorces; suits for damages, trespassing, and slander; witness depositions; records of fees charged; and other supporting documents for the case itself.

Circuit court case files are not easy to obtain, but if they have been preserved, you should look for the following items.

• PETITIONS:
  The plaintiff states the cause for the case and the filing date and desired outcome are recorded.
  

• INDICTMENTS:
  Found in criminal cases, these state the decision of the grand jury. These can be quite detailed, describing the weapon, its weight and value, the manner in which it was used, and the exact injuries inflicted.
  

• SUBPOENAS AND WITNESS LISTS:
  These state the names of the people who have been called to testify. Obviously, these are people who have connections with either the plaintiff or defendant, and/or who were at the scene of the offense or crime.
  

• DEPOSITIONS:
  Testimonies taken from those who have moved out of the court's jurisdiction. Usually depositions are written and provide extensive information. In one case I studied, the plaintiff had moved to Missouri and had purchased land. He could not sell his land, however, because his wife had to release dower in Missouri (which had not been required in Tennessee). For him to sell the land it was necessary for him to obtain a divorce. The grounds were adultery and the testimony was taken from witnesses in Tennessee, so the depositions were written rather than oral. These included the most intimate observations by those involved.
  

• BONDS:
  If money was required to ensure an individual's appearance or “keeping of the peace,” securities also may have been necessary to ensure that the money would be paid. Almost always these are relatives of the individuals involved. Who else would be willing to gamble that the person would make the required court appearance?
  

Circuit court cases can be difficult to locate. Also remember that the index contains only the first plaintiffs and defendants. Many other names may have been recorded as the case proceeded, and there is no easy way to search records that have not been completely indexed. While not the easiest records to use, these are the very ones that may provide you with the most detailed description of your ancestor's personality.

Court records in general are detailed, complex, and numerous. They can be of tremendous value to the dedicated researcher. They often provide that very specific link between generations, or the much needed identification of a suspected ancestor. Even if they don't supply a key piece of the puzzle, they provide myriad opportunities to add to the evidence supporting a genealogical hypothesis. Careful genealogists know that they must study the laws in force during the era they are researching, be familiar with the various types of court records that exist in the geographic region, and know the terms that will identify the correct records to search.

Suggestions for success when researching local courthouses:

1.
Maintain professional dress and decorum. Your demeanor should be purposeful and businesslike. It is wise to carry a briefcase. A laptop computer also is very impressive. Everyone will think you are an attorney.

2.
Be familiar with the state law regarding public access to county records. Be able to cite chapter and verse. Be courteous, but persistent.

3.
Be prepared to climb ladders, venture into dusty basements, haul heavy books, and squeeze into tight spaces.

4.
Never expect the courthouse clerk to know more about how to locate your ancestors than you do. You can expect only that he or she may know where the records you seek are located. Ask for assistance only when absolutely desperate.

5.
Be familiar with the times the courthouse opens, closes, and breaks for lunch. Always leave at least ten minutes before closing time. This is very important if you expect to ever return to that courthouse and want to be treated cordially. Ask permission to work through the lunch hour if this is your usual method. Work quietly and diligently. Hope the clerks will forget that you are there.

6.
Know specifically what records and what information you are seeking. Move from the simple to the complex. Once you have located the material you set out to find, it may be possible for you to check other available sources and do some browsing.

7.
Be familiar with the indexing system of that particular state or county.

8.
Always ask to see the probate packets and loose papers, not just the record books.

9.
Find out where any additional records are stored or if they have been moved to the historical society, state archives, or other repository. If stored, ask if you may see them and replace them in the exact order you found them.

10.
Use the appropriate legal terminology when requesting records.

ADMINISTRATOR DE BONIS NON:
Administrator of any goods of a deceased person not already distributed by the original administrator or executor.

AD VALOREM TAX:
A tax imposed on the value of the property; contrasted to per capita tax.

ADMINISTRATION DE BONIS NON CUM TESTAMENT ANNEXO (WITH WILL ATTACHED):
Administration granted by the court when the executor of a will has died, leaving a portion of the estate not administered.

ATTACHMENT:
The act or process of taking, apprehending, or seizing persons or property usually for the purpose of securing satisfaction of a debt or to guarantee appearance in court.