NARA: Admiralty Case Files 1855-1863

By Martha Wallace and Cath Trindle

The Admiralty Case Files include appeals of decisions from both Northern and Southern California district courts. The original lawsuits involved ships with too many passengers, abandoned contracts, damaged goods, cargo not paid for, workers not paid, mistreatment of passengers, and Panama and Nicaragua crossings.  

Although there are only a few dozen cases, they provide a good read as they provide a glimpse into both the good and the bad of life at sea.

Daily Alta California, Volume 5, Number 342, 11 December 1854 (1)

Daily Alta California, Volume 5, Number 342, 11 December 1854 (1)

Take the case of Hadji Hassan, Shack Badacrooden/Barrooden, Imangloo aka Mungloo, Thadanu, Shack Azum aka Mamed Dusden, Mumbaruck, Mootee aka Motse, Ameerow aka Amceron, Abdul Kurreen, Ishmael Enduph, Kadir, Edoo, Happian aka Aram Samy, Assenar, Cureen, and Omar Cullender aka Molydin vs. the ship Tartar with Edward A Mix, master, as claimant and Charles B Polhemus (2) and Edward Parker as sureties.  

What at first seemed to be a simple libel (3) for back pay turned out to be much more complicated.

Calcutta Document

Hong Kong document 

According to original documents included in the files, the libellants signed on as lascars (4) on the Tartar either in Calcutta about Oct 1855 or in Hong Kong in Mar of 1856. They agreed to serve for two years at various wages of of which 3 months were paid in advance.

In July of 1856 the Tartar docked in San Francisco.  On Jul 10,  Mix filed a suit claiming desertion by the lascars. On Jul 14 a libel was filed by the lascars for back pay and $1000 damages each.  On the 15th Polhemus and Parker filed a $500 bond as sureties in the case.

In the meantime, on July 12 Hadji Hassan was arrested and brought before the Police Court, charged with assault and battery and on being found guilty sent to county jail for 30 days.  Patrick McCormick and J J Joseph were among the police officers that went to fetch him from the Tartar to face the charges.

Desertion

In court documents dated Feb 1857, they stated that when they went on board the Tartar in Jul 1856, they were met by ironed (handcuffed) men begging to be taken ashore. The ships officers stated that the men were ironed because they wouldn't work.  In turn the men said they couldn't work because the food that they were given was insufficient and rotten.  They stated the forecastle made them sick with the smell of the food, and that they would work if they were given proper food.

They showed the police men their supply of stinking fish and rotten rice. They said the men looked shabby, unhealthy and unfit to work. The captain wanted all the men back in irons so that he could handle them.  J J Joseph attested that one of the "mates" (he wasn't sure if it was the 1st or 2nd) agreed with the men that they were not getting good food.

The case was decided and appealed.  It was unclear who won the original case, perhaps it was the ship, or perhaps the lascars were awarded more than they received after the final appeal. (5)    On 16 Mar 1857 the Decree of the District Court was "reversed" and libellants were to be paid back wages. 

Calculation of Wages Due Lascars, Mar 1857

The ship appealed the 16 Mar 1857 decision, claiming that Henry B. Janes was not entitled to be the Proctor for the lascars.  They provided statements from some of the men stating the same.  Part of the testimony was that the men had been paid their wages in New York.  Perhaps the Admiralty Court Judge decided that any payments in New York were intended to "pay off" the men for their statements, or possibly he felt that the treatment they had received entitled them to more, whatever the reason on  5 Sep 1857 the Admiralty Court Jude he decreed Janes did have the right to represent the men, and ordered that they be paid all amounts due.

Index to Admiralty Case Files 1855-1863

Notes . . . . . . . . . . . . . . . . . . 

(1) "Tartar" was the name of more than one ship at the time, this sale is for the correct ship as the tonnage is the same.  Records for a "Tartar" bringing passengers to Australia about this time might be the same ship, the tonnage is close but not exact.  Searching for "Tartar" with master Mix brings up interesting results but no relevant records were found.

(2) Charles B. Polhemus emigrated to California from South America and founded the house of Also & Co. Commission Merchants in San Francisco.  Moving to the area that is now Central Park in San Mateo about 1858, he was one of the owners of the San Francisco to San Jose Railroad (later Southern Pacific). Biography  Photo Albums

(3)  Libel - In admiralty law - (verb) to bring a suit against someone; (noun) a plaintiff's written declaration.

(4) A Lascar was a sailor or militiaman from South Asia, the Arab world, and other territories situated to the east of the Cape of Good Hope, who were employed on European ships from the 16th century until the middle of the 20th century. (Wikipedia)

(5) This answer might be found in other district court case files. 

Links . . . . . . . . . . . . . . . . . . 

Accessing Records held by NARA

SMCGS Blog – NARA Databases an Overview

Blacks Law Dictionary Online

Admiralty and Maritime Law Guide

Admiralty Law - Wikipedia - US

Admiralty Jurisdiction – Pacific Maritime Magazine


Index to Admiralty Case Files 1855-1863

NARA: Federal Court Records - 2

An overview of records located at NARA San Bruno - Part 2

By Martha Wallace

1)     Original Jurisdiction of the Courts – what kinds of cases did they hear?

a)  Original Jurisdiction of Circuit Court

Federal circuit courts were established to serve as trial courts for federal criminal cases, patent & copyright cases, revenue causes, suits between citizens of different states, between citizens and aliens, and civil suits initiated by the US. They had appellate jurisdiction over large admiralty cases and appeals from the district courts.

b)  Original Jurisdiction of District Courts

District courts were established as trial courts for issues arising in the district involving admiralty and maritime cases, minor civil and criminal cases, and cases at common law. A clerk, a district attorney, and a marshal were appointed to assist the judge.

2)     What you will find in the files?

a)   Soot – In a time when the best indoor lighting was provided by gaslights, the soot from the burning gas covered everything. You will find it in the nooks, crannies and folds of the documents. Wash your hands often! Handwritten documents – the handwriting of the clerks, the defendants, the lawyers, and the judge is a delight to read – or decipher! If you can’t figure something out, look at other documents in the file to find the same letters, words, or names, and hope that will help you make a determination.  

b)  Case files containing bonds, information, libel of information, complaints, costs (of clerks, witnesses, informants, marshals, more), notice of trial, affidavits, petitions, orders, claims, monitions, reports of appraisers, answers of claimants/defendants, praecipe, dismissal, subpoenas, venire, demurrers, customs officers, tax collectors (Collector of Internal Revenue), informants, decrees, venditioni exponas, complaints, stipulations, notes of testimony (written by Judge Ogden Hoffman), condemnation & forfeitures, sureties, duties (See http://thelawdictionary.org for more).

c)   Docket book – This large book has entries for each case showing the dates that actions were taken, a summary of proceedings, including a brief abstract of motions and orders, a record of the fees collected, and a statement of the disposition of the case. This can be cross-checked with the case files to learn more about the chronology of the case.

d)   What’s in the index/spread sheet/database columns 

Box number – the files are stored in numbered acid-free document boxes.

Docket Book – the number of the docket book; the page in the docket book if available.

Case # - the cases were numbered sequentially.

Plaintiffs – who filed the suit, usually the United States.

Defendants – who or what was being taken to court – in many cases it’s a list of items confiscated by Internal Revenue or Customs.

Witnesses and other parties – names mentioned in the case files such as witnesses, claimants, bondsmen, investigators.

Date of Offense

Date Filed

Location – cities and counties in northern California, with occasional southern California and other west coast locations.

Subject – Type of case (information, libel, complaint) and nature of the offense.

Attorneys – the US District Attorney and defendant’s attorney (if noted).

Disposition – who won – or was the case dismissed?

3)   What you will not find

a)  Transcripts – Word for word transcripts were not a part of court documents at this time. The best document to learn the reason for the case is the complaint/information of the original filing. If there are judge’s notes or notes of testimony, you will learn a little more. If the case was reported in the newspapers, you will find more specific details there.

b)  Not found – In some instances the document file was not found in the box, but there is an entry in the docket book. The information entered in the database is what could be gleaned from the docket entries.

4)   How to request the files   If you find that an ancestor was involved in one of the cases, contact NARA to visit and see the whole file.  NARA Contact Page

NARA: Federal Court Records - 1

An overview of records located at NARA San Bruno - Part 1

By Martha Wallace

Federal circuit courts were established to serve as trial courts for federal criminal cases, suits between 
citizens of different states, and civil suits initiated by the US. They had appellate jurisdiction over large admiralty cases and appeals from the district courts.

1.   California Federal Courts through the Years  . 

Judge Ogden Hoffman Jr.
San Francisco Call
19 December 1893
Wikipedia

a.   California became a state in 1850 and the first federal court opened in May 1851: the United States District Court for the Northern District of California with Judge Ogden Hoffman appointed by Congress. 

Judge Hoffman served from 1851 to 1891. In 1852, the judge of the Southern District died and the Northern District judge also served that post until 1854. 

Merchant Exchange 1856
Bancroft Library

The first courthouse opened in 1855 in the Merchant’s Exchange Building on Battery Street. This court considered cases involving admiralty, land disputes, and public order. In 1866, California became one judicial district and in 1886 it was divided again into Northern and Southern districts.

Matthew Hall McCallister
City Hall, San Francisco
Wikipedia

b. In 1850 there were nine circuit courts, originally created for the nine justices of the Supreme Court to “ride circuit.” From 1851 to 1855 there was no circuit court for California. The district courts in California held jurisdiction of both district and circuit courts. At that time, California was too far away from Washington, DC, for an assignment to a Supreme Court justice.

c.   In 1855, the US Circuit Court for the Districts of California was established without a Supreme Court Justice to preside. This court had the same jurisdiction as other federal circuit courts. It met once a year in San Francisco, with special sessions as necessary. Matthew McAllister served as the judge until 1863; his salary was $4500.

d.  In 1863, the California circuit court was abolished and Congress created the Tenth Circuit and appointed a Supreme Court justice to serve that circuit. The first justice to hold that position was Stephen J. Field. Jurisdiction included California and Oregon. In 1865 Nevada was added. The Tenth Circuit was abolished in 1866 and California, Nevada, and Oregon were assigned to the Ninth Circuit, with Lorenzo Sawyer as the first judge. California remained in the Ninth Circuit, with further states added in succeeding years.

Stephen Johnson Field 1875
Library of Congress

Lorenzo Sawyer
Wikipedia

History of the Federal Judiciary