Just What was the Homestead Act

I keep writing about my pride in having Homesteaders in all my branches, both in my mother's and father's trees. It is time to do a bit of research on the Homestead Act and some of it's facets.

The Homestead Act was a United States Federal law passed by President Abraham Lincoln on May 20, 1862. It gave applicants freehold title to 160 acres...or one quarter section. This land obviously was undeveloped and outside of the original 13 colonies.

There were three steps that were required: file an application, improve the land, and file for deed of title. As long as the applicant had never taken up arms against the US Government he/she were eligible...including free slaves.

When all was said and done, 1.6 million homestead were granted and 270,000,000 acres were privatized between 1862 and 1986. This last date pertained to Alaska. The lower 48 policy ended in 1976.

The intent of the Homestead Act was to grant land for agriculture. The Act was much abused. In arid areas west of the Rocky Mountains, the land was generally not enough for a viable farm. So homesteads were used to control resources, especially water. An individual would act as a front for a large cattle operation and file for a homestead surrounding a water source under the pretense that the land was being used as a farm. Once granted "use of that water source would be denied to other cattle ranches, effectively closing off the adjacent public land to competition. This method could also be used to gain ownership of timber and oil-producing land."

There was no systematic method to evaluate claims under the Homestead Act. Land offices would rely on affidavits from witnesses "that the claimant had lived on the land for the required period of time and made the required improvements. In practice some of these witnesses were bribed."

"The Homestead Act has been blamed for contributing to the dust bowl. Since the claims were limited when the West was settled, it resulted in a preponderance of small farms whose poor practices led to erosion." These acreage limits were reasonable when the act was written at a time of animal powered tilling and harvesting.

From Early Beadle County, by Mildred Jones, "To prove up his claim, one paid $14 when filing, then had to live on the claim for five years and pay $4 more for final proof. The government required five acres of breaking the first year. Improvements such as a house and well were to be made in six months, but that time was extended in 1881 because of the hard winter. Ten acres of trees were to be put on tree claims with at least 2700 tress to the acre. One in Nance Township - that of William Henry Daugherty still have trees started in 1882. The government paid a bounty of $10 per annum for the cultivation of trees for 10 years."

There's so much more to write about this Act. It's interesting to read about the women who made claim to their land by themselves. Mom's family homesteaded in South Dakota and possibly Wyoming and Montana. Note to self: More research is needed on this subject. Dad's family farmed land in northern Minnesota.

The land that was homesteaded often was undesirable for many reasons. The determination, hard work, and just plain guts of the families that claimed them is unsurpassable. That feeling of pride still overwhelms me.