Published: July 13, 2007 05:48 pm         

Genealogy: Homestead Act of 1862 culminates more than 70 years of controversy

TERRE HAUTE — The Homestead Act of 1862 represented the culmination of more than 70 years of controversy in the United States about what to do with the vast public lands owned by the federal government. A similar land bill had passed through Congress in 1860, but was vetoed by President Buchanan.

But with the election of Abraham Lincoln, a Republican (the party that supported free land), and then the secession of the southern states from the Union (the South had opposed free land because slavery was an issue), the Homestead Act was assured to become law. President Lincoln signed it on May 20, 1862, and it went into effect on Jan. 1, 1863; the same day that the Emancipation Proclamation also became law. The first land entry application was filed by Daniel Freeman, a scout for the Union army, shortly after midnight, for a claim in Nebraska.

The Homestead Act allowed anyone age 21 or older to file for a quarter section (160 acres) of free land if they met the following conditions: They must actually live on the land for five years, they must build a house at least 12 by 14 feet in size, they must dig a well, plow and cultivate at least 10 acres, and fence in a certain amount. If they met these conditions, they would receive the title to the land free and clear in five years.

Civil War veterans were allowed to subtract the length of their military service from the required five years of residence. If a person under age 21 had fought in the war, the age requirement to get land was waived. A second option offered to settlers was to be able to purchase the quarter section for $1.25 per acre after just six months of residence on the land.

Who took advantage of the Homestead Act? Often it was the children of established farmers in the “east” who wanted their own farm. They had to move “west” for available land. Remember that “east” and “west” are relative terms. States and territories that were affected by the Act include Alabama, Alaska, Arizona, Arkansas, California, Colorado, Florida, Idaho, Illinois, Indiana, Iowa, Kansas, Louisiana, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Mexico, North Dakota, Ohio, Oklahoma, Oregon, South Dakota, Utah, Washington, Wisconsin and Wyoming. Immigrants also made claims in large numbers.

As aliens, all they had to do was file a declaration of intention to become a citizen. They could not have ever carried arms against the United States.

Not all who applied for the free 160 acres were successful in homesteading. Many found that the arid conditions out West would not allow them to support themselves on just 160 acres and their quest for land failed. Nevertheless, by 1934, more than 270 million acres, about 10 percent of all public lands, had been given to settlers. The Homestead Act was replaced in 1976 by the Federal Land Policy and Management Act for all states except Alaska, which received a 10-year extension before the Homestead Act expired.

Next week’s column will discuss the land entry files, what is in them, and where to get them.