Many of the most used genealogy records exist because local, state, and federal governments passed laws and policies requiring their creation.
State Vital Records
In the United States (which has never had a national civil registration system), states, counties, and municipalities recorded vital events. New England towns were the first US entities to keep birth and death records in register books, starting as early as the 1600s. (Unfortunately, many towns’ registries have gaps for missing records or births and deaths.)
Not until the early 1900s did all states pass vital records laws, which usually required counties to keep the records and forward copies to the state.
Marriage Licenses and Returns
County courts or town clerks usually kept marriage records as soon as the counties were formed.
Census Records
The Constitution called for the first census (which was taken in 1790) to determine states’ representation in Congress, plus subsequent enumerations every 10 years. Federal census returns were open for public reading until 1879; the rule closing censuses for 72 years was passed in 1978. Various states have kept censuses as well, with their own privacy rules.
Immigration and Naturalization Records
In 1820, Congress required ships’ captains to record passengers’ names. After 1890, as laws required increasing information about travelers, ships’ manifests tell you even more about your immigrant ancestors. Naturalization declarations and certificates were standardized and centralized with the Naturalization Act of 1906. Before that, your ancestor could file for citizenship in any local, state, or federal court.
Military Records
Veterans or their surviving spouses and children filled out applications each time Congress passed laws making new groups eligible for pension benefits. In 1871, for example, the War of 1812, veterans who served at least 60 days (or their widows) became eligible to apply for a pension. In 1878, veterans who served at least 14 days could apply.
One of the most-used military indexes, the 6-million-name Civil War Soldiers and Sailors Database, was assembled from cards that Department of the Army employees created from muster rolls to determine soldiers’ and sailors’ eligibility for pensions.
Land Records
The Homestead Act of 1862 started a wave of federal land claim applications and patents that continued until 1988 when the last homestead applicant received title to 80 acres he’d claimed on Alaska’s Stony River. More than 1.6 million homesteaders took part in the program.
States have their own rules for accessing records. To learn the laws in your state, search online for the state name and sunshine laws.
Like the federal government, states also have exceptions to public records access. For example, vital records are usually restricted for privacy purposes—often 25 or 50 years for death records and 75 or 100 for birth records.
Stay informed
Follow local, state, or national genealogical societies to learn about preserving and providing access to your records of interest.
You can also follow genealogy influencers on their blogs and social media accounts (such as Twitter and Facebook. Some suggestions include:
Contact your elected officials
To find your representatives, search online for who is my representative and the place, or use Common Cause’s site or (for federal and state officials) USA.gov’s site.
Provide feedback on policy changes
Respond to calls for public comments on records-related issues. Federal agencies have a process that solicits feedback on proposed changes.
The government’s role in your family tree research can’t be ignored. Your ability to understand your ancestors’ part in history—and how you came to be who you are—largely depends on the decisions of elected and appointed leaders regarding your family’s records. You have a say and your say matters.
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