United States Circuit Court (5th Circuit). Court records, 1790-1882

Access and use

Location of collection:
Library of Virginia
The Library of Virginia
800 East Broad Street
Richmond, VA 23219
Contact for questions and access:
POC: Archives Reference Services
Phone: (804) 692-3888

Summary

Language:
English

Background

Scope and content:

Records, 1790-1882, of the 5th Circuit of the United States Circuit Court (now United States Court of Appeals for the Fourth Circuit) including case files, docket books, execution books, fee books, order books, record books, and rules books. Of note are the Ended Cases, 1790-1882, which include bills of complaint, affidavits, depositions, subpoenas, and other papers filed with the court. Cases of note include United States vs. Aaron Burr (1807), United States vs. Jefferson Davis (1865-1868), and George Washington Custis Lee vs. Frederick Kaufman et als (1877-1882), regarding Arlington Estate, the Lee family home. Records also include indictments of John C. Breckinridge (1866) and of various Confederate officers (1865) which are located with the Jefferson Davis records.

Biographical / historical:

The Circuit Court for the District of Virginia was set up under the Judiciary Act of 1789. The court had both original and appellate jurisdiction. The original jurisdiction was concurrent with Statute courts in all suits of civil nature both at common law and equity where the amount in controversy exceeded $500 and where the United States was a plaintiff. The circuit court also had jurisdiction over all suits involving major criminal offenses against the laws of the United States, all suits where an alien was a party, and all suits between citizens of different states. It also reviewed the decrees of the district courts in civil actions where the amount in controversy was more than $500. The appellate jurisdiction of the court was transferred to the newly created circuit courts by an act of 3 March 1891 (26 Stat. 826), which established a circuit court of appeals (United States Court of Appeals) in each circuit. The Judicial Code of 1911 abolished the circuit courts as of 1 January 1912, and transferred their remaining jurisdiction and records to the district courts. [U.S. National Archives and Records Administration: U.S. District Courts Finding Aid, Virginia, 2001]

Acquisition information:
Transferred to the Library by the authority of and in accordance with an Order in the United States District Court for the Eastern District of Virginia, Richmond, Virginia, 6 March 1952.
Arrangement:

This collection is arranged into the following series:

  • Series I. Ended cases, restored, 1790-1882
  • Series II. Ended cases, unrestored, 1790-1861
  • Series III. Index to ended cases, 1790-1861
  • Series IV. Docket books, 1819-1828
  • Series V. Execution books, 1791-1805
  • Series VI. Fee books, 1835-1843
  • Series VII. Order books, 1790-1831
  • Series VIII. Record books, 1791-1834
  • Series IX. Rule books, 1790-1845
Physical description:
116 cu. ft. (239 boxes) and 45 volumes