Through the Lens of History - Republic of Texas-Era Court Cases Shed New Light on State's Past

Through the Lens o/'History Republic of Texas-Era Court Cases Shed New Light on State's Past

Photos and text by Kyle Gregory

MUCH OF WHAT IS KNOWN about life during the Republic of

Texas era is shrouded in myth, mystery, and legend, but a project underway at the Texas State Library and Archives Commission, a few hundred yards from the State Capitol, could shed more light on that time. There, two archivists are diligently working to preserve some of the rare written records dating back to the formation of the nascent nation.

The historical treasure trove that is the subject of their attention consists of the earliest portion of Texas Supreme Court records, which documents Lone Star legal history following the founding of the Republic and through the Civil War. While the court proceedings prior to 1944 have little index access, all are organized by case number. However, much of the contents of the records filed between 1836 through the late 1860s remain unstudied.

Though there is a tendency to view these court records as strictly legal history, the information contained in them goes far beyond that. "Much of what happened during the Republic era and early statehood period remains undocumented, especially information concerning everyday lives," Laura Saegert, assistant director for archives, says. "But many social and cultural issues are reflected in these case files too." She continues, "These records are an excellent source of details about slaves, land, and, in later years, the oil and gas industry. The cases reflect the social concerns of the time and provide insight into the disagreements of early Texans."

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Image, page 8: Close-up of one of the early Texas S u preme Court case records; these documents reflect not only legal history, but also the social and cultural life during the Republic and early statehood eras.

A b o v e : The poor condition of this 1836 court case validates the work being done to c o n serve and protect these fragile historical records. Flattening the folds will allow for future digitization of the document for online accessibility.

Saegert and project assistant, Stefanie Lapka, who holds a graduate degree in information science, are the archivists in charge of this initial segment of a long-term project to restore and index thousands of early Texas Supreme Court records currently languishing at the state archives. This effort is the first step in preserving information from a relatively unexplored area of Texas history and providing a valuable resource for researchers and historians that will further add to the state's historical record. The project received a boost in 2012 when the Texas Historical Foundation awarded a preservation grant to the Texas State Library and Archives Commission to help fund this work. That assistance came from THF's Texas Legal History Preservation Trust, an endowment created to help save the state's legal past.

Attorney Marshall Doke, former president and chairman of the board of THF and the driving force behind the creation of the Foundation's legal history endowment, immediately recognized the importance of the TSLAC project. He says, "What could be more credible information about this time period than these court decisions containing facts determined by a judge or jury based on admissible evidence? The information is tremendously important Texas history."

The objective of the project is to preserve these legal documents for future scanning and the subsequent creation of an online database.

According to Saegert, there is great public interest in the progress of the project. "We know from inquiries we've received that researchers are eager for the Texas Supreme Court case files to be available in digital format." The ease of electronic access invites scholarly study from around the globe, and indexing allows researchers to locate case files

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specific to their needs more quickly. However, getting to that point will take time.

THE CONSERVATION PROCESS

The conservation and cataloging of these records is a threefoldprocess that involves humidifying, flattening, and indexing. Lapka takes the first step in the treatment by cutting the ribbon binding the papers and then carefully unfolding them. While this sounds easy, these original case files were marked using an official wax seal, which must be painstakingly preserved. Every effort is taken to avoid damage to these imprints, which are an important historical detail. Once that work is complete, each document is then placed in a humidifier to reduce the rigidity or brittleness of the delicate papers.

The moisture relaxes the fibers, allowing for better results during the flattening process.

Careful monitoring ofthis stage of the process is essential, Lapka cautions, "The papers cannot be in the humidifier for more than 48 hours because of concerns about mold." Once the documents are removed, the pages are placed between blotter paper and heavy boards before being transported to the book binding press located in the basement of the archives building. That piece of machinery is made of wrought iron and stands more than six feet tall. "It's a late 19th-century press," Laura Saegert says, "that was returned to the archives department by the State Preservation Board. While it may be a relic, this binder has enabled us to do a better job of flattening the folds of the paper documents—instead of simply placing them between heavier boards." The records stay in the weighted press for two to four days.

A b o v e : Stetanie Lapka d e m onstrates how to tighten the pressure on this 19th-century book press, which, despite its age, has proved to be an invaluable tool for flattening the tri-fold creases of the legal documents. The papers remain in the press for t w o to four days.

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A b o v e , left: This close-up i m age from a circa 1850 petition hints at changing social attitudes; in this case, a w/ife filed for divorce on her o w n behalf, claiming spousal abuse and abandonment.

Above, right: The " M 7 0 5 " stamp (original is red) shown in this image indicates the case-file number designation.

The M-number was usually placed on the middle of the trifold on the reverse or on the outside pages of a file.

Afterwards, the papers are taken back upstairs where Lapka reads through each case file and prepares an index that lists the presiding judge, date filed, county of record, parties involved, attorneys, and a summary of the contents for that Supreme Court proceeding. What she and her co-worker have discovered is fascinating. Through the lens of history, some of the seemingly mundane and bureaucratic cases that Saegert and Lapka encounter take on entirely new significance. A good example of that is Burnet v. Horton, case M-2, which was heard in 1836, but not filed until 1851. Lapka explains, "David G. Burnet, interim president of the Republic of Texas before Sam Houston started his first term, sued on behalf of someone looking to establish a colony in East Texas near Nacogdoches."

Other cases illustrate the way that Texas has changed socially through time. "There is a divorce case from the 1850s where the wife filed on her own and asked for half of her husband's property. She claimed that her spouse was abusive and had abandoned the family.

This petition was interesting because the circumstances of the marriage were clearly detailed and much more complete than any of the other divorce cases that I have previously encountered in working on this project," Lapka says.

Many of the case files that are being conserved will be useful to those researching their genealogies, particularly individuals tracking families torn apart by slavery. Though these lawsuits contain information that may be sensitive and difficult to read, it is important to place them with-

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in their historical context. Saegert points out that these legal actions typically involved one party suing another because a slave was sold—or loaned for a certain amount of work—and the owner never got paid. She explains why these records might be helpful to genealogists. "The wording of the case may simply read 'male slave,' but usually a name is included, or there is a reference to 'a mother and her child, James.' Because an enslaved person is most commonly tracked through the name of that individual's owner, this information provides genealogists with details that they can pursue."

STATUS REPORT AND CHALLENGES

A b o v e : The case index shown here inventories some of the earliest court records. Each entry lists the file number, attorney or attorneys, parties involved, county, date filed, and a short description about the case. These distinctive identifiers can assist archivists in determining whether a suspected stolen document is an

Currently, the indexing that exists for early Texas Supreme Court records dates back to 1944, but that information is basic, not easily accessible, and contains mistakes. The difficulty of sorting the existing records is further compounded by the inconsistent filing methods of the early courts. "When the Texas Supreme Court was first formed, cases were labeled using numerals one, two, three, and so on," Saegert says. "Jurists heard petitions in three locations between 1846 and 1892: Austin, Tyler, and Galveston." The archivist continues, "Cases were filed in the court that was closest in proximity. This practice creates great confusion for us now because oftentimes the same case number was assigned in different courts."

There are additional challenges. The difficulty in indexing the records is further complicated by a theft that occurred in 1971, when documents were stored at the Texas Supreme Court Building. A custodial

official state record.

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The descriptions of the people, places, and legal arguments in these 19th-century court cases can provide information that adds to present-day understanding of the social and cultural issues of that time.

employee there stole and then sold what was estimated to be about 1,000 files, most having to do with slavery disputes. Saegert explains, "TSLAC became involved when this theft happened and worked with the court to initially retrieve 150 case records. During the 25 years that followed, approximately 40-50 additional files were returned." More than four decades after the crime occurred, though, TSLAC is still pursuing the missing records. Last fall, some of the documents were included in a New Jersey auction, and with the help of four dealers, 90 additional case records made their way back to the Lone Star State.

In regard to locating missing files, the current conservation project has another benefit of adding to TSLAC's emerging case file index. When the project is complete, the agency will have more data on missing records. This will allow them to augment the list on their website of documents that may now be in private hands or included in auctions.

That information will aid in the ongoing effort to recover stolen court documents.

There is no doubt that Texas' early Supreme Court records are an untapped, but historically rich resource.

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As Saegert points out, "All of these files contain compelling stories and interesting information. Historians and researchers are eager for them to be released."

Yet in order to provide public and broad-based access to Texas' legal history, TSLAC faces an overwhelming task: to conserve, index, and digitize thousands of case files lining the shelves of the state archives. There are many challenges still to overcome for a project of this size, but the benefits are just as far reaching. Not only will new historical information be revealed, but TSLAC archivists also hope to apply what is learned in the conservation of the Supreme Court files to those generated by appellate and possibly district courts. For people across the Lone Star State, that work will add significant understanding to the legal and social issues that took place in their own backyards. * Austinite Kyle Gregory, a recent graduate of The University of Texas, was a writing intern at Texas HERITAGE magazine in thefall of 2012.

Editor's Note: Funding for this conservation project does not extend past August 2013; however, TSLAC is seeking assistance to support continuation ofthe work.