Catherine Desmarais, Certified Genealogist

Archive for the ‘My research projects’ Category

Of Rabbit Holes and Vermont’s 1798 Federal Direct Tax Records

Thursday, September 6th, 2012

Tax photo by Alan Cleaver used under creative commons licenseI start my client research projects with the best of intentions to stay on task, and within the budgeted hours. I’ve yet to accomplish this. Instead I usually find myself falling down one rabbit hole or another. (On my own dime, of course.)

 

I was researching a client’s ancestress born in 1798 in Windsor County, Vermont. Despite knowing her maiden name and her stated town of birth, I was struggling to link her to a set of parents. It occurred to me that she was born during the same year that the federal government authorized a tax to raise money to pay for a military buildup in anticipation of a possible war with France (Act of 14 July 1798 (1 Stat. 597)).1 I’ve used these 1798 Federal Direct Tax records in Pennsylvania and they are rich with detail about the dwellings in which the families lived, providing not only the dimensions of the dwelling but also the number of panes of glass in each window, and the dimensions of barns, sheds and blacksmith shops. I thought it might be handy to use these to determine if there were any additional men with her surname in town during the year she was born who might not appear in the deed books or the 1800 census. “Hmmm. I wonder where those Vermont 1798 direct tax lists are?” With this thought, I promptly tumbled down a particularly interesting rabbit hole.

 

I started by learning some background information about this tax. Before the government could collect the tax, real property had to be valuated and slaves enumerated (Act of 9 July 1798 (1 Stat. 580)).2 Vermont was designated to contain five divisions for the purposes of this tax3  The Surveryor General’s Papers in Vermont contain the commission papers, signed by President John Adams, appointing five men as commissioners of these divisions: Jonathan Hunt, Elijah Dewey, James Whitelaw, Jonathan Spafford, and Ebenezer Crafts.4

 

This 1798 tax assessment resulted in the creation of at least three types of documents. “Particular Lists” consisted of a description of each dwelling house and out building valued at more than $100 on lots not exceeding two acres. The second detailed land, including dwelling houses valued under $100. The third list enumerated slaves. Able-bodied slaves between the ages of 12-50 were taxed at 50 cents each.5 In 1798 Vermont was a frontier state, and its commissioners found that the rules devised for more populated areas didn’t fit well here. Houses worth over $100 were a minority. Much of Vermont’s land was undeveloped, and in many counties the majority of landowners were nonresidents whose whereabouts were often unknown. Many of these properties were later auctioned for lack of payment of the Direct Tax. These tax sales produced large numbers of land transactions that provide valuable information to family historians, among other researchers.6

 

I discovered that none of the 1798 direct tax records for Vermont are known to survive at the federal level, but a few remnants do remain in Vermont. The most exciting find was one made last year by Kathy Wendling who discovered a 1798 tax ledger in her Woodstock, Vermont, home. Fortunately, Kathy is an historian and she donated it to the Woodstock HIstory Center. The book contains “footprints of all of the buildings, cellar holes, sawmills and tanneries for Woodstock, Pomfret, Sharon, Norwich, Royalton, Harford, Bethel, Stockbridge, Barnard, Hartland, Bridgewater and Rochester. The last known owner of the book was Nichols Balyies, Surveyor of Revenue.7 In 1938-40, the WPA Historic Records survey identified this book as present in the Woodstock town clerk’s office, but its location was unknown in 1983.8 Digital scans of this ledger can be viewed at the Woodstock History Center in Woodstock, Vermont.

 

Additional papers pertaining to this tax are tucked away in other Vermont archives. The James Whitelaw papers at the Vermont Historical Society (VHS) contain fragments of records created for this assessment. The entry in the VHS catalog states that the Whitelaw papers include assessments pertaining to houses owned or occupied in Ryegate and Groton, as well as a list of lands owned by residents of Peacham but lying outside the town. The locations of these lands owned by Peacham residents include the Vermont towns of Orange, Billymead (Sutton), Westmore, Brighton, Walden, Wheelock, Treemsbro, Danville, Cabot, Elmore, New Haven, Groton, Barnet, Belton, Barre as well as towns in Connecticut, New Hampshire, Virginia and Pennsylvania. If you descend from a 1798 Peacham resident, knowing where else your ancestor owned property could be key to documenting migration and kinship ties.

 

The Stevens Family Papers and the Crafts Papers at the University of Vermont’s Bailey-Howe Library hold more fragments of the 1798 assessment. Enos Stevens was an assistant assessor for Orange and Caldonia Counties. Ebenezer Crafts and his son Samuel were charged with the counties of Franklin, Orleans and Essex. I haven’t personally viewed these papers and published information leaves the exact contents somewhat unclear. An oversize sheet, 32 by 22 inches, among the Stevens Papers is the “Particular List” for the town of Barnet. The column headings include occupant, owner, property description, and evaluation. The Crafts papers (and to a lesser extent, the Whitelaw papers) contain summaries of the average value of land per acre and the number of houses in each town valued at more than and less than $100.9 These records provide valuable contextual information for any family historian.

 

There is still reason to hope that more federal or local copies may be found. In 2004, some “Particular List” valuation slips describing the dwelling houses and property and the tax collection lists for CT towns of Kent and Warren were found at NARA Northeast Region in Waltham, Massachusetts, among the custom’s records for the port of New Haven. A look at the resolution of this tax makes it understandable why these records ended up in seemingly odd places. An 1801 statute directed the surveyors to send their records related to this tax to the top treasury official in each state and an 1803 statute allowed for any remaining responsibilities of the supervisors of the tax to be transferred to “any other officer of the government of the United States.” “The Treasury Department never required that the 1798 direct tax records be sent to Washington.” process was recommended in 1803 but the directive was never issued. If it had been, they would likely have been destroyed in the treasury building fire of 1833. Because of this, the supervisor’s official papers may exist among the records of almost any branch of government.10 Nathaniel Brush, Vermont’s Supervisor of Revenue, wrote a letter in 1801 directing the surveyors to mail him their documents pertaining to the Direct Tax. Bandel tells us that a search by Bennington Museum staff and other failed to locate any of these records.11 In Vermont, the responsibility for collecting the tax was transferred to the U.S. marshals.12 Thus, it is not impossible that the 1798 tax records for Vermont may still be hidden under vague titles such as “court records” or “marshals records” among various record groups at NARA Northeast. Watson identifies several possibilities. Local copies or working papers might be among the manuscript collections of any the small, local Vermont historical societies or museums, or even waiting for discovery in someone’s attic. If you are associated with a local repository in Vermont, can you take a look next time you visit? Please post a comment here to let us know what you find.

 

Are you a descendant of a 1798 tax payer? Have you ever used these direct tax records? For what state? What did you discover?

 

(Photo by Alan Cleaver, used under Creative Commons License.)

 

  1.  ”An Act to Lay and Collect a Direct Tax within the United States,” Statutes at Large, 5th Congress, 2nd Session, Act of 14 July 1798 (1 Stat. 597); Library of Congress, American Memory, “A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774 – 1875″ (http://www.memory.loc.gov : accessed 6 September 2012).
  2. “An Act to Provide for the Valuation of Lands and Dwelling-Houses, and the Enumeration of Slaves within the United States,” Statutes at Large, 5th Congress, 2nd Session, Act of 9 July 1798 (1 Stat. 580); Library of Congress, American Memory.
  3. Ibid, p. 581, para. 6.
  4. Robert L. Hagerman (Assistant Editor, State Papers Division, Vermont Secretary of State’s Office) to Peter B. Sheridan (Congressional Research Services, Library of Congress), letter, 4 August 1976; Secretary of States Office, Vermont State Archives and Records Administration, digital image provided to author by Scott Reilley, Archivist I.
  5. Judith Green Watson, “A Discovery: 1798 Federal Direct Tax Records for Connecticut, Prologue: Quarterly of the National Archives and Records Administration, vol. 39 (Spring 2007), no. 1; online archives, National Archives and Records Administration (http://www.archives.gov/publications/prologue/2007/spring/tax-lists.html : accessed 6 September 2012), para. 6.
  6. Betty Bandel, “The 1798 Census in Vermont,” The New England Historical and Genealogical Register, vol. 137 (Spring 1983), 4-17. This publication is archived online at www.americanancestors.org.
  7. Audrey Richardson, “Tax Ledger Dating From 1798 Discovered In Woodstock,” The Vermont Standard, Woodstock, 17 February 2011; viewed at http://www.thevermontstandard.com : accessed 6 September 2012).
  8. Bandel, “The 1798 Census in Vermont,” p. 16-17.
  9. Ibid., beginning on p. 4.
  10. Watson, “A Discovery.”
  11. Bandel, “The 1798 Direct Tax in Vermont,” citing the Crafts Papers.
  12. Watson, “A Discovery.”

Vermont Public Records Access

Saturday, May 5th, 2012

I’ve heard other researchers talk about being denied access to records, but I hadn’t encountered this myself. Until yesterday, that is.

I was planning to drive to a local courthouse to search for 19th-century divorce records for a client, but after the lesson I learned last month, I called the courthouse first. It took three phone calls before I found the office where the records I needed were located. When I reached the right clerk, I told her that I wanted to come and search the divorce records from the 1890s, but just wanted to confirm that the records were housed in that office and that the courthouse was open. She told me that I could make a written request for a search for the particular divorce record I wanted, but I wouldn’t be able to search them myself. When I told her that I believed that they were public records, she restated that I could fax or mail (not email) a written request for a search a particular name, but I couldn’t go in the vault to search them. I thanked her and faxed her my request, but it made me wonder about public access. If the particular record group was too fragile for public inspection I could understand it, but this seemed more like a blanket restriction.

I asked for thoughts from researchers on FaceBook. New England Researcher Ruy Cardoso CG suggested that I should show up at the courthouse with some cookies. Not a bad idea. Certainly a little sugar, whether literal or figurative, can go a long way anywhere in life. Judy G. Russell, better known as The Legal Genealogist, suggested that I carry a copy of the Vermont public records law with me. Great idea!

I was going to the Vermont State Archives and Records Administration in Middlesex that day, so I made myself a copy of the statutes there. (Thanks for your help finding it, Marissa!) As Scott Reilly pointed out to me, the statutes are also available online. Click on §§ 315-320. Specifically, §317(a)(2)(b) gives the following definition: “As used in this subchapter, “public record” or “public document” means any written or recorded information, regardless of physical form or characteristics, which is produced or acquired in the course of public agency business.” The law lists 40 exemptions to public records. If the record is created by a public agency and isn’t listed in the exemptions, then it is a public record. Vermont is one of the few states where the vital records (birth, marriage, civil union, divorce, death) are open public records.

There is a PDF document online titled, “A Matter of Public Record: A Guide to Vermont’s Public Records Law” that explains Vermont’s public records law. It is missing the 2011 updates to the law regarding timelines for public agencies to respond, but it has a lot of very helpful information. It provides information in “plain English” rather than “legalese,” although the statutes are pretty easy to understand by themselves. This document contains sample letters to use for requesting public records. I also noted with interest that there is an Official Fee Schedule on page 18 that states that photocopies of public records are charged at $.05 per page. This is what is charged at the Vermont Archives, but at a local city clerk’s office I was recently charged $2.00 for one page of a public record at a self-service copier. Hmm. Section 316(a)(2)(b) of the public records law states that a public agency can charge “the actual cost of providing the copy.” Could that possibly amount to $2.00 when no staff time is involved? On page 19 of the Guide to Vermont’s Public Records Law, there is a chart describing Town Clerk’s Fees, as of 2009. There it states that uncertified copies can be charged at $2.00 for the first page and $1.00 per page after that. It sounds like that is the basis for what I was charged. I wonder what the basis is for the wide discrepancy between $.05 and $2.00 for a page?

So, what about those nineteenth-century divorce records I wanted? Hopefully the court will send me the record I want in response to the request I faxed. If I decide that I need to search the records myself, I’ll probably try asking again, perhaps to someone a bit higher up. That’s probably all it would take. Vermont is a very friendly state. If necessary, I could present my request for access in writing. At least I better understand the process now.

Do you have a story about being denied access to public records anywhere during your genealogical research? How did you resolve it? I’d love to hear your story!

 

Welcome to No Stone Unturned

Friday, April 20th, 2012

Welcome! Thanks for stopping by to check out my first blog post. I’d like this blog to be a place for conversations about genealogy research in Vermont and beyond.

I’ve been researching quite a few brick wall cases for clients with ancestors who lived in Vermont during the early settlement boom after the Revolutionary War. Many of these folks came from Connecticut and Massachusetts where record keeping was established, but didn’t continue the practice in the wilds of Vermont. When there is no document to be found that states relationships explicitly, I collect indirect evidence regarding the people the ancestor associated with to try to draw conclusions regarding kinship. I’ve just finished a lengthy (245 page) family history album for a couple with fascinating roots in colonial New England and French Canada. I also love doing forensic work to trace living descendants. These cases often have the most interesting twists and turns. I’ve really enjoyed the Army repatriation cases that I’ve been working on recently. They’ve introduced me to new locations and record sources from the mid-Atlantic states to Hawaii. There have been frustrations, but I’ve had the pleasure of speaking to some wonderful relatives of the soldiers I’ve researched. For my personal family research, I’ve been immersed in Irish valuation records and German parish records. The depth and breadth of these various projects never let me become bored.

So why did I decide to start a blog when I already don’t have enough hours in the day? Good question! I’m still asking myself that. I can narrow it down to two primary reasons.

The first is that professional genealogy is a solitary job. I often run across particularly interesting documents while I was looking for something else and have no one to share them with.  Or I learn about something that I think other researchers might want to know about, whether it is a record source or new bit of technology. Or I just feeling like talking about genealogy and there’s no one around to listen. There’s only so much I can post in a Facebook status update! I’m hoping this blog might be a way to create conversations about genealogical research in Vermont an beyond.

My second reason is that I need to learn to write more spontaneously. I tend to over -think what I write. It takes me forever to get started, then I revise, revise, revise. I’ve come to realize that this is really limiting what I can accomplish. I’m hoping that having a blog helps me learn to “Just Write It!” (Sorry, Nike.)

Does anyone have any advice for me as a new blogger?

Association of Professional Genealogists member

Catherine Desmarais is a member of the Association of Professional Genealogists

board certified

Catherine is a Board-Certified Genealogist. Certified Genealogist and CG are service marks of the Board for Certification of Genealogists, used under license by Board-certified associates after periodic competency evaluations.