RG 21: Records of the US District Court in Oklahoma
Introduction
The Judiciary Act of September 24, 1789 created the United States district and circuit courts. These courts operated concurrently but with jurisdiction over different types of cases. District courts generally had original jurisdiction in admiralty and bankruptcy cases, in suits for penalties and seizures under federal laws, and jurisdiction in non-capital criminal proceedings and in law suits exceeding $100 in value in which the United States was the plaintiff. Circuit courts heard appeals from the district courts and had original jurisdiction over action involving aliens or citizens of different states and law and equity suits where the matter in dispute exceeded $500 (later $2,000). Congress added to the work of the circuit courts by conferring on the courts original jurisdiction in suits relating to infringement of patents and copy rights, violations of civil rights and elective franchise, registration of trademarks, unlawful restraints of trade and monopolies, and controversies between bankruptcy trustees and claimants to property held by the trustees.
In 1812 circuit courts were authorized to appoint U.S. commissioners to assist in the taking of bail and affidavits. Their functions were expanded by subsequent legislation and court rules, and their powers have included authority to issue arrest warrants, examine persons charged with offenses against federal laws, initiate actions in admiralty matters, and institute proceedings for violation of civil rights. In 1896 authority to appoint commissioners was transferred to the district courts. The Federal Magistrates Act of 1968 replaced U.S. commissioners with U.S. magistrates who exercise basically the same powers.
A list of the court sites and creation dates is provided in Appendix A. A list of judges for all of the districts and territories is provided in Appendix B. A folder list of Jackson Barnett's equity case 4556 is provided in Appendix C.
The district and circuit courts were involved with the following types of proceedings:
Admiralty
Article III, section 2, of the Constitution provides that the judicial power of the United States shall extend "to all cases of admiralty and maritime jurisdiction." The United States Supreme Court has interpreted this grant of authority as extending not only over the high seas but over all public navigable waters as well. The Judiciary Act of 1789 conferred original jurisdiction in admiralty and maritime cases exclusively on the district courts of the United States with provision for admiralty appeals to the circuit courts. This provision was abolished in 1891 when the newly-created circuit courts of appeals became the final courts of appeal in admiralty.
American admiralty law deals with such matters as prizes, ransom, and military salvage; suits to try title to a ship; actions to recover ships to which a party is entitled by right; and a variety of maritime contracts and torts. Suits and proceedings in admiralty may be "in rem," against a thing, usually a ship, or "in personam," against an individual.
Civil
Section 2 of an act of Congress, approved June 19, 1934, gave the Supreme Court of the United States authority to unite the general rules for equity and law proceedings into one form of civil procedures. On September 16, 1938, proposed Federal Rules of Civil Procedures became effective, and thereafter, law and equity actions were filed together as civil proceedings. Admiralty cases, civil lawsuits relating to violations of federal maritime laws, were filed separately from other civil proceedings until 1967. Beginning in that year, proceedings relating to maritime laws are identified as civil cases.
Law
As courts of common law jurisdiction, the U.S. district courts have possessed exclusive original jurisdiction over all seizures on land made under federal laws (libel in rem proceedings); exclusive original jurisdiction over suits for penalties and forfeitures incurred under federal laws (scire facias proceedings); concurrent jurisdiction with state courts and U.S. circuit courts over cases where an alien sued for a legal remedy when a law of nations or a treaty of the United States had been violated; concurrent jurisdiction with U.S. circuit courts in suits at common law where the U.S. sued under the authority of an act of Congress; and exclusive original jurisdiction over suits against foreign consuls and vice consuls. Most law cases relate to scire facias or libel in rem proceedings. The Federal Rules of Civil Procedure, effective in 1938 after their adoption by the U.S. Supreme Court, prescribed a uniform procedure for law and equity cases, with one form of action to be known as "civil action."
Equity
The basis of equity jurisdiction in the federal courts is laid in the provisions of the Constitution and the laws of the United States. This jurisdiction, as provided in section 16 of the Judiciary Act of 1789, is not exercised in any case where a "plain, adequate, and complete remedy may be had at law." This jurisdiction was in large part regulated by rules first prescribed in 1822 by the Supreme Court. The rules were replaced by additional sets of rules adopted in 1842 and again in 1913. The Federal Rules of Civil Procedure, effective in 1938, prescribed a uniform procedure for law and equity cases, with one form of action to be known as "civil action."
Criminal
The Judiciary Act of 1789 conferred very limited criminal jurisdiction upon the U.S. district courts. On August 23, 1842, Congress amended the Judiciary Act by extending the criminal jurisdiction of the district courts to all non-capital crimes and offenses against the United States. The circuit court of the United States exercised jurisdiction over federal capital crimes.
Naturalization
From 1790 to 1906 federal, state, and local courts were the sole administrators of naturalization laws. A major change in the naturalization laws occurred when Congress passed an act on June 29, 1906, establishing a Bureau of Immigration and Naturalization that was charged with examining all petitions for naturalization and issuing recommendations to the courts that would make final determinations of citizenship. Petitioners for citizenship were required to furnish more personal information that previously had been required.
Federal Courts in the Indian Territory
Prior to 1889, three Federal courts had jurisdiction over Indian Territory. The U.S. District Court for the Western District of Arkansas at Fort Smith heard all cases from Indian Territory from1851-1883. Starting in 1883 however, Congress assigned jurisdiction over the northern portion of the region (which eventually became Oklahoma Territory) to the U.S. District Court at Wichita, Kansas and the southern portion to the U.S. District Court for the Northern District of Texas. The rest of Indian Territory remained under Fort Smith.
The Cherokee, Choctaw, Chickasaw, Creek, and Seminole Nations operated courts which had jurisdiction over most cases involving Indians. These courts had no jurisdiction over non-Indians and could not hear cases involving default of debt. In 1885 Congress began limiting the powers of these tribal courts by requiring that all Indians accused of murder, man-slaughter, rape, assault with intent to kill, burglary, larceny, or arson be tried in the Federal courts at Wichita, Fort Smith, or Paris even if the crime was committed on Indian land. The tribal courts were eventually abolished by an act of Congress of June 28, 1898. Most of the existing records of these tribal courts are in the custody of the Oklahoma Historical Society.
On March 1, 1889, Congress authorized the establishment of the U.S. District Court for Indian Territory to be held at Muskogee in the Creek Nation. It exercised jurisdiction over all of Indian Territory except for the Chickasaw Nation and the southern portion of the Choctaw Nation which were assigned to the U.S. District Court at Paris, Texas. All proceedings of the court were to be in English with translators provided for witness who could not speak English. In cases where citizens of the United States were defendants, only other citizens could serve as jurors. The court at Muskogee had jurisdiction over all civil controversies involving $100 or more if at least one U.S. citizen was involved. It had jurisdiction over all criminal offenses except those punishable by death or imprisonment at hard labor. The court ruled that there was no statute of limitation in force in Indian Territory which gave it authority to hear cases involving default of debt going back to the Civil War. Appeals would go to the U.S. Supreme Court.
Congress authorized creation of Oklahoma Territory on May 2, 1890 with seven numbered counties. The following are the county seats; First County at Guthrie, Second County at Oklahoma City, Third County at Norman, Fourth County at El Reno, Fifth County at Kingfisher, Sixth County at Stillwater, and Seventh County at Beaver. Each county had a district court, which had both state and federal jurisdiction, probate court, and justice of the peace court. Oklahoma Territory also had an elected supreme court, consisting of three justices. Jurisdiction by Kansas and Texas courts over Oklahoma Territory ended. The act also divided the Indian Territory into three judicial divisions. Muskogee became the headquarters for the First Division, which included the Cherokee, Creek, and Seminole Nations and the Quapaw reservation. South McAlester was headquarters of the Second Division and exercised jurisdiction over the Choctaw Nation. The Third Division included the Chickasaw Nation and held court at Ardmore.
A congressional act of March 1, 1895 designated the Indian Territory divisions as districts. The First Judicial Division at Muskogee became the Northern Judicial District. It was authorized to hold sessions at Vinita, Tahlequah, and Miami. The Second Division at South McAlester was re-designated the Central District and authorized to hold sessions at Atoka, Antlers, and Cameron. The Third Division at Ardmore became the Southern District and held sessions at Chickasha, Pauls Valley, Purcell, and Ryan. The act of 1895 terminated all jurisdiction of the federal courts in Arkansas, Kansas, and Texas and authorized the judge of each district to appoint U.S. commissioners who functioned as justices of the peace (as defined by the statutes of Arkansas). In 1896, Congress provided for appeals from the U.S. District Courts for the Indian Territory to go to the U.S. Court of Appeals, Eighth Circuit, which is based in St. Louis. The name of the Northern District (Muskogee) was changed to the Western District in 1901; it had jurisdiction over the Creek and Seminole Nations and northern Cherokee and Choctaw Nations.
The U.S. courts in Indian Territory exercised jurisdiction over many matters which would normally have been heard in state rather than federal courts. Criminal cases involving robbery, assault, and other non-federal offenses were tried in these federal courts which also became involved with divorce, registration of corporations, incorporation of towns and benevolent societies, licensing of ministers, recording marriages, and probate and guardianship.
When Oklahoma became a state in 1906, Congress authorized two judicial districts. The Eastern District with headquarters at Muskogee exercised jurisdiction over the former Indian Territory while the Western District at Guthrie controlled what had been Oklahoma Territory. The newly created state would take possession of all court records created prior to statehood. State courts would try all pending cases that were determined to be within the jurisdiction of state courts while the pending cases involving federal issues would be transferred to the Eastern or Western Districts of United States District Courts for Oklahoma. In 1932 the headquarters of the Western District were moved to Oklahoma City. In 1925 the Eastern District was divided in half with the new Eastern District remaining at Muskogee and a Northern District headquartered at Tulsa.
From 1907 to 1911, there were both district and circuit federal courts. The circuit courts heard appeals from the district courts and also exercised original jurisdiction over some types of cases. In general, the same judges, clerks, and other court officials served both the district and circuit courts. Congress abolished the circuit courts on January 1, 1912, and all pending circuit court cases were transferred to the district court.
U.S. District Court in Indian Territory Northern/Western District
U.S. District Court in Indian Territory Southern District
U.S. District Court in Indian Territory Central District
U.S. District Court Northern District of Oklahoma
U.S. District Court for the Western District of Oklahoma
U.S. Circuit Court of Western District of Oklahoma
U.S. District Court Eastern District of Oklahoma
U.S. Circuit Court Eastern District of Oklahoma
U.S. District Court in Indian Territory Northern/Western District
Muskogee
General Records
Law and Equity Records
Criminal Records
Naturalization
Probate Records
Records of U.S. Commissioners
U.S. District Court in Indian Territory Southern District
Ardmore
General Records
Law and Equity
Criminal Records
Probate and Guardianship
Naturalization and Citizenship
Records of U.S. Commissioners
Pauls Valley
U.S. District Court in Indian Territory Central District
South McAlester Division
General Records
Law and Equity Records
Criminal Records
Naturalization and Citizenship Records
Records Relating to Incorporation and Certification
Marriage Records
Probate Records
Wilburton Division
General Records
Law and Equity Records
Criminal Records
Probate Records
Records of the U.S. Commissioner
U.S. District Court Northern District Of Oklahoma
Tulsa
Civil Records
Equity Records
Law Records
Criminal Records
Records of the United States Commissioner
U.S. District Court for the Western District of Oklahoma
Oklahoma City
General Records
Civil Records
Law and Equity Records
Criminal Records
Naturalization Records
Records of the U.S. Commissioner
U.S. Circuit Court Western District of Oklahoma
Oklahoma City
General Records
Criminal Records
U.S. District Court Eastern District of Oklahoma
Muskogee
General Records
Civil Records
Law and Equity Records
*A folder list of Jackson Barnett's equity case 4556 is provided in Appendix C.