The Homestead Act of 1862

 

"to elevate the condition of men, to lift artificial burdens from all shoulders and to give everyone an unfettered start and a fair chance in the race of life." - Abraham Lincoln

From the moment the United States gained territory, it initiated strategies to generate revenue and promote settlement by selling off its public lands. Through a series of land and "pre-emptive" acts, these laws aimed to make land accessible to western farmers. However, preceding the Homestead Act of 1862, these initiatives encountered two primary issues: the land was relatively costly, and a considerable portion fell into the possession of speculators. These speculators acquired land not for immediate settlement but with the intent of securing future profits.

The Southern states vehemently opposed the allocation of public lands to farmers due to the inherent limitation it posed on the expansion of slavery. Despite the passage of a homestead act by both chambers of Congress in 1859, it faced a veto from President James Buchanan, who aligned with pro-slavery sentiments. However, the Republican victory in 1860, coupled with the secession of the Southern states, paved the way for the successful enactment of homestead legislation.

The Homestead Act of 1862 facilitated the acquisition of up to 160 acres of land by farmers. To gain title to the land, individuals had to reside on it for five years, erect a dwelling, and pay a nominal fee. Alternatively, ownership could be secured after a mere six months of residency, with each acre priced at $1.25. Importantly, the land was safeguarded from seizure for debts, a crucial provision for farmers facing chronic financial constraints.

In application, the Homestead Act exhibited only partial effectiveness. By the turn of the century, approximately half a million families had established homesteads. Regrettably, a significant portion of the land allocated for homesteading in the Great Plains suffered from insufficient water access. This geographical constraint, coupled with a scarcity of beneficial natural resources, contributed to an environment abundant in pests such as grasshoppers and fleas, and characterized by extreme climatic conditions, featuring intensely hot summers and harshly cold winters. A considerable number of settlers, potentially up to two-thirds, abandoned their efforts before the expiration of the requisite five-year period. Furthermore, both corporate entities and individual speculators circumvented the residency and land improvement obligations by employing "dummy" homesteaders who made superficial improvements on the land. Consequently, these speculators acquired approximately ten times the amount of land acquired by legitimate homesteaders through this deceitful practice.

  1. Sources: Congress, U.S. "Homestead Act of 1862 (1862)." In Westward Expansion. American Journey. Woodbridge, CT: Primary Source Media, 1999. Gale In Context: U.S. History

  2. Image source: Header Photograph shows man standing on ramp in front of Daniel Freeman homestead in Gage County, Nebraska, the first homestead claim under the 1862 Homestead Act; large piles of wood in yard. Library of Congress Prints and Photographs Division Washington, D.C. 20540 USA http://hdl.loc.gov/loc.pnp/pp.print

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