Hello to All: We have to remember that people in the southern part of the
United States were devastated mentally and emotionally after going through
one of the most economically and morally draining conflicts that America
(at that time) faced. With the exception of slavery being ended ( and it
was on it's way to being ended thanks to the thousands of people of all
races, colors and backgrounds who were living in both the North and the
South via their brave involvement in the Underground Railroad) nobody
really won anything. This is the true face of war and it's impact was
devastating for many people on both sides for decades to come.
I am saying all of this because money and credit have always and always
will run everything un till we really accept these two items for what they
really are and to use them wisely. Yes it is disappointing and sad to
find out something about an ancestor of ours/yours that is unpleasant.
Things like the Civil War, which bankrupted former plantation owners and
farmers (who once held their heads high,sent their children to the best
academies,finishing schools and military academies) and destroyed lives on
both sides resulted in a type of shame, violence and sadness that only
lifted with the building of new business and industry in the South along
with the leadership of some of the best leaders of color that this country
has ever had the privilege of allowing to assist in the coming about of the
"New South": the Rev. M. L. King,Jr., former Virginia Governor and current
Richmond Mayor Doug lass Wilder and the late Oliver Hill who was the first
African-American to sit on the Richmond(Va) City Council in the early 1950s.
Some feelings and emotions are hard to forget and to turn off. A lot of
people got hurt,abused and died for many causes and laws that we take for
granted today that allow us to be able to vote,run for office,get good
health care(we really need to work on this one!) as well as careers that
many of these people never thought of much less dreamed of. In closing I
would like to quote the late AME Zion Bishop William Jacob Walls: "Heritage
To Be Kept Must Be Earned. Add To It Until You Establish Your Claim".
Jane Steele,MA.
> [Original Message]
> From: Grundset, Eric <[log in to unmask]>
> To: <[log in to unmask]>
> Date: 7/10/2006 8:53:41 AM
> Subject: Re: [VA-HIST] Homestead Deeds and Bankrupcty Records
>
> Don is quite correct in stating that Homestead deeds in that period in
Virginia were related to bankruptcy filings. If the deeds in question are
from the late 1860s or early 1870s, than this is the most likely
explanation. Many tens of thousands of people nation-wide declared
bankruptcy after the Civil War or were forced into it by their creditors.
Only during periods during which a federal bankruptcy law was in effect was
bankruptcy handled by federal courts. Otherwise it would have been in
local/state courts depending on the period.
>
> Virginia was readmitted to the Union in 1870 with a new constitution. The
federal bankruptcy act of 1867 was still in effect and remained so into the
mid-1870s. State governments could set what the exemptions were, allowing
people to protect their homesteads under the federal law. It is not the
same thing as homesteading in the western states.
>
> All of the records for cases under the 1867 act for Virginia and West
Virginia (+PA, MD, and DE)are at the National Archives regional facility in
Philadelphia. I've used them there several times. One needs to know the
county of residence to determine which U. S. District Court (Eastern or
Western Division of Virginia) and which "division," i.e. city where the
court met (Richmond, Alexandria, Norfolk, etc, in the Eastern Division;
Lynchburg, Harrisonburg, Abingdon, etc. in the Western Division) to find a
case. There were some boundary divisions between the districts that
complicate this all some, and Virginia had one District Court from
1865-1871, than Eastern and Western. The cases are all indexed
alphabetically, but by the district and the city. Once a name is found, a
case file number is next to it in the index, and this will lead to the
actual papers relating to the case. The case files can be quite thick and
full of very useful information including names of creditors (including
relatives), property schedules, on and on.
>
> I give a lecture on this topic, but I haven't brushed up on the details
for a few years. Suffice it to say, that an inquiry to the Philadelphia
branch of the National Archives (not the main archives facilities in the
Washington area) would help one find out how to get a copy of a case file:
>
> National Archives, Mid-Atlantic Branch
> (Center City Philadelphia)
> 900 Market Street
> Philadelphia, Pennsylvania
> 19107-4292
> (Entrance on Chestnut Street,
> between 9th and 10th St.)
> Telephone: 215-606-0100
> Fax: 215-606-0116
>
> Because these files can be quite lengthy, it could cost quite a bit to
have one copied. The ideal thing to do would be to visit Philadelphia or
hire a researcher. This would enable you/them to select what you might want
from the files. Not everyone can hop on a train and get to Philadelphia in
an hour and a half like I can, but that would be the best way to approach
the records.
>
> If, however, the Homestead deed(s)are later than the mid-1870s and before
the next federal bankruptcy law of 1898, than the case would have been
handled by a local/state court and the National Archives would not have the
case files. You'd have to check with the appropriate court(s) for the
county or city where your ancestor lived, because, once again, in the
intervals between the periods of a federal act being in force, bankruptcy
was a state matter. Since 1898, we've had a federal bankruptcy law in
effect with various changes (a major one last year I believe), so
bankruptcy has been a federal matter for all of our lifetimes, and we think
of it that way. This was obviously not always the case in the past.
>
> I've mentioned this whole line of research to a few people over the
years. Some were horrified at the very thought that their ancestor could
have been a bankrupt and refused to even consider the possibility. What a
strange reaction, I've always thought. After the Civil War the economy was
devastated, people didn't have any money or resources, and bankruptcy was
very common (either voluntary or forced). Many more people in northern
states declared bankruptcy partly because they couldn't collect debts from
southerners who owed them money. We all need to consider looking at these
bankruptcy cases in Philadelphia (or which ever archives branch covers the
state where your ancestors lived) as one more source for our family
research. Two of my great-great grandfathers in Buckingham County went
bankrupt after the war, and there are thick case files for each one
containing all kinds of useful information (its a burned county of course,
so every tidbit is important). One ran a store and one was a farmer. The
kinds of debts
>
> Please consider checking with either the National Archives branch or in
local records depending on the dates of the Homestead deeds.
>
> I hope that "quick" overview helps.
>
> Eric G. Grundset
> Library Director
> DAR Library
> National Society Daughters of the American Revolution
> 1776 D St., N.W.
> Washington, DC 20006-5303
> 202-879-3313 (phone)
> 202-879-3227 (fax)
> [log in to unmask]
>
>
> -----Original Message-----
> From: Discussion of research and writing about Virginia history
> [mailto:[log in to unmask]]On Behalf Of Donald W. Moore
> Sent: Saturday, July 08, 2006 7:19 PM
> To: [log in to unmask]
> Subject: Re: Homestead Deeds
>
>
> Actually they were protecting their assets from bankruptcy. The
> Virginia constitution was re-written after the Civil War in the
> 1870s. I don't have the exact date handy at the moment (1873?). One
> of the clauses of that constitution made it legal for Virginians to
> declare certain assets exempt from bankruptcy proceedings. You can
> imagine that this came in handy during Reconstruction when many
> people faced economic difficulties. Consequently, you will find
> "homestead" deeds with extensive lists of real and personal property.
> The "grantor" of such a deed, if we can use that term, is really
> exempting that property from his creditors. I have a "homestead" deed
> for one of my ancestors that I believe was recorded in 1874.
>
> _________________
> Donald W. Moore, CG(sm)
> Antecedents(r) LLC
> http://www.antecedents.com
>
> Certified Genealogist and CG are service marks of the Board for
> Certification of Genealogists® and used here under license.
>
> Antecedents is a registered service mark of Antecedents LLC.
>
>
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