Records of the United States District Courts in Arkansas
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 started to appoint U.S. Commissioners who would assist in bail and affidavits. Subsequent legislation and court rules expanded the Commissioners’ functions and 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, however, the authority to appoint commissioners 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.
The following types of proceedings are found among the district and circuit courts’ records:
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 U. S. 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 cases involving 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.
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
Approved on June 19, 1934, section 2 of an act of Congress gave the U.S. Supreme Court 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. The courts filed admiralty cases and civil lawsuits relating to violations of federal maritime laws 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 U.S. treaty 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 U.S. laws. 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 the Bureau of Immigration and Naturalization. This Bureau examined all petitions for naturalization and issued recommendations to the courts that would make final determinations of citizenship. They also required petitioners for citizenship to furnish more personal information than previously required.
Federal Courts in Arkansas
An act of Congress of March 2, 1819 authorized the creation of the territory of Arkansas. This act also provided for one superior court that functioned both as a court of original jurisdiction and as an appellate court. The superior court heard all disputes involving federal laws.
When Arkansas joined the Union in 1836, it was organized as one judicial district with a district court exercising both district and circuit court jurisdiction. The state capitol, Little Rock, was designated as the court seat. When Arkansas was assigned to the Ninth Circuit in 1837, a separate circuit court was also established.
In 1851, Arkansas divided into two judicial districts: Eastern and Western. Van Buren became the original court seat for the Western District while Little Rock remained in the Eastern District. In 1871, court sessions for the U.S. for the Western District of Arkansas transferred to Fort Smith. Additional divisions have been added to both districts. Appendix A lists the court divisions and their creating dates.
The newly created Eastern District of Arkansas remained with the Ninth Circuit, while the district court for the Western District exercised circuit court powers. In 1866, Arkansas transferred to the Eighth Circuit where it has remained.
Until 1889, cases tried in the Western District could not be appealed to any other court. Presidential pardons provided the only reprieve in criminal cases. A congressional act in 1889 established a separate circuit court for the Western District, but also provided for the right of appeal to the U.S. Supreme Court.
The federal courts of the District of Arkansas were unusual in that the courts had jurisdiction over territory outside their state. In 1844, the District Court of Arkansas received jurisdiction over the Indian Territory--consisting of all territory west of the Mississippi River not within the states of Missouri, Louisiana, or Arkansas. The court's jurisdiction did not extend to crimes committed among Indians. Most of the cases from the Indian Territory involved criminal offenses; however, the district court did preside over some civil matters, including title to Indian lands, rights of eminent domain within the Indian Territory, and removal of intruders from the Indian nations.
In 1883, jurisdiction over the western half of Indian Territory transferred to the Northern District of Texas and the Judicial District of Kansas. Jurisdiction over the eastern half of the Territory remained with the Western District of Arkansas. In 1889, jurisdiction over the Choctaw and Chickasaw Nations transferred to the Eastern District of Texas. The authority of the Arkansas, Texas, and Kansas courts passed to the U.S. District Courts for the Indian Territory in 1895.
After 1889, many of the records from the district and circuit courts have been intermingled because there was only one judge and one clerk for both courts. No separate files appear to have been maintained for original and appellate jurisdiction records of the circuit court.
This preliminary inventory describes the records of the United States district and circuit courts for the Western and Eastern Districts of Arkansas. These records are part of Record Group 21, Records of District Courts of the United States. Related records include Record Group 118, Records of United States Attorneys and Marshals; Record Group 276, Records of the United States Supreme Court; and Record Group 60, General Records of the Department of Justice.
Western District of Arkansas
District Court Records for the Western District of Arkansas
- El Dorado Division
- Fayetteville Division
- Fort Smith Division
- Harrison Division
- Hot Springs Division
- Texarkana Division
Circuit Court Records for the Western District of Arkansas
Eastern District of Arkansas
District Court Records for the Eastern District of Arkansas
- Northern Division (Batesville)
- Western Division (Little Rock)
- Eastern Division (Helena)
- Jonesboro Division
- Pine Bluff Division
Circuit Court Records for the Eastern District of Arkansas
Western District of Arkansas
District Court Records for the Western District of Arkansas
El Dorado Division
General Records
Civil Records
Law and Equity Records
Criminal Records
Naturalization Records
Fayetteville Division
General Records
Civil Records
Criminal Records
Fort Smith Division*
*The Research Guide to the Criminal Case files of Fort Smith, Arkansas, 1866-1900 includes research information for series from both the General Records and Criminal Records sections.
General Records
Admiralty Records
Civil Records
Habeas Corpus Records
Criminal Records
Naturalization Records
Records of the United States Commissioner
Harrison Division
General Records
Civil Records
Law and Equity Records
Criminal Records
Records of the United States Commissioner
Naturalization Records
Hot Springs Division
General Records
Civil Records
Criminal Records
Naturalization Records
Records of United States Commissioners
Texarkana Division
General Records
Admiralty Records
Civil Records
Law and Equity Records
Criminal Records
Naturalization Records
Records of the United States Commissioners
Circuit Court Records for the Western District of Arkansas
Fort Smith Division
General Records
Law and Equity Records
Habeas Corpus Records
Criminal Records
Naturalization Records
Harrison Division
Law and Equity Records
Texarkana Division
General Records
Law and Equity Records
Criminal Records
Eastern District of Arkansas
District Courts for the Eastern District of Arkansas
Northern Division (Batesville)
Civil Records
Law and Equity Records
Criminal Records
Naturalization Records
Records of the United States Commissioners
Western Division (Little Rock)
General Records
Admiralty Records
Civil Records
Law and Equity Records
Criminal Records
Naturalization Records
Records of the United States Commissioner
Eastern Division (Helena)
General Records
Civil Records
Law and Equity records
Criminal Records
Naturalization Records
Records of the United States Commissioner
Jonesboro Division
General Records
Civil Records
Law and Equity Records
Criminal Records
Records of the United States Commissioner
Pine Bluff Division
Civil Records
Criminal Records
Circuit Court for the Eastern District of Arkansas
Northern Division (Batesville)
Law and Equity Records
Western Division (Little Rock)
General Records
Law and Equity Records
Criminal Records
Naturalization Records
Eastern Division (Helena)
General Records
Law and Equity Records
Appendix A
Federal Courts in Arkansas and Creating Dates
Western District
Eastern District
* Headquarters for district