Document A- What was the Homestead Act?

Transcription

1 Document A- What was the Homestead Act? The Homestead Act of 1862 has been called one of the most important pieces of legislation in the history of the United States. Signed into law in 1862 by Abraham Lincoln after the secession of southern states, this act turned over vast amounts of the public domain to private citizens. 270 million acres, or 10% of the area of the United States was claimed and settled under this act. The Filing Process People interested in Homesteading first had to file their intentions at the nearest Land Office. A brief check for previous ownership claims was made for the plot of land in question, usually described by its survey coordinates. The prospective homesteader paid a filing fee of $10 to claim the land temporarily, as well as a $2 commission to the land agent. With application and receipt in hand, the homesteader then returned to the land to begin the process of building a home and farming the land, both requirements for "proving" up at the end of five years. When all requirements had been completed and the homesteader was ready to take legal possession, the homesteader found two neighbors or friends willing to vouch for the truth of his or her statements about the land's improvements and sign the "proof" document. After successful completion of this final form and payment of a $6 fee, the homesteader received the patent (title of ownership) for the land, signed with the name of the current President of the United States. This paper was often proudly displayed on a cabin wall and represented the culmination of hard work and determination. The Homestead Act remained in effect until it was repealed in 1976, with provisions for homesteading in Alaska until Alaska was one of the last places in the country where homesteading remained a viable option into the latter part of the 1900s. The Taylor Grazing Act of 1934 substantially decreased the amount of land available to homesteaders in the West. Because much of the prime land had been homesteaded decades earlier, successful Homestead claims dropped sharply after this time. The Homestead Act of 1862 is recognized as one of the most revolutionary concepts for distributing public land in American history. Repercussions of this monumental piece of legislation can be detected throughout America today, decades after the cry of "Free Land!" has faded away.

2 Document B- The Homestead Act [modified] Section 1. The Senate and House of Representatives of the United States of America decree that heads of families and adults over 21 years old, if they are citizens and have never fought against the United States, may claim a quarter section of unclaimed public lands. Beginning in 1863, claims may be filed, which may be subject to preemption at one dollar and twenty-five cents, or less, per acre; or eighty acres or less of such unclaimed lands, at two dollars and fifty cents per acre... Section 2. And be it further enacted, that the person applying for the benefit of this act shall...make an affidavit...indicating that he or she is the head of a family, or is 21 years or more of age, or performed service in the Army or Navy of the United States, and that he has never borne arms against the government of the United States...and that said entry is made for the purpose of actual settlement and cultivation, and not either directly or indirectly for the use or benefit of any other person or persons whomsoever. After filing the affidavit with the register, and paying ten dollars, he or she shall be permitted to enter the quantity of land specified. He or she must then live on the land for five years... Section 5....If it shall be proven that the person who filed an affidavit actually changed his or her residence, or abandoned the land for more than six months at any time, then the land shall revert to the government. Section 6. And be it further enacted, that no individual shall be permitted to acquire title to more than one quarter section under the provisions of this act... Source: Law passed by the U.S. Congress, May 20, 1862 Word Bank: decree: make a legal proclamation; announce a law quarter section: 160 acres preemption: the right to purchase something before others, particularly land affidavit: a formal, sworn statement of facts provision: particular requirement or stipulation borne: past tense of to bear, meaning: to carry or use revert: return to TEACHINGHISTORY.ORG is funded by the U.S. Department of Education

3 Document C- Proof of Land Improvements Transcript of Document C Proof Required Under Homestead Acts May 20, 1862 and June 21, 1866 We, Joseph Graff and Samuel Kilpatrick, do solemnly swear that we have known Daniel Freeman for over five years last past; that he is the head of a family consisting of wife and two children and is a citizen of the United States; that he is an inhabitant of the S ½ of the NW 3 and NE ¼ of NW ¼ and SW ¼ of NE 3d of section No. 26 in Township No. 4N of Range No. 5E and that no other person resided upon the said land entitled to the right of Homestead or Pre-emption. That the said Daniel Freeman entered upon and made settlement on said land on the 1 st day of January, 1863, and has built a house thereon part log & part frame 14 by 20 feet, one story, with two doors, two windows, shingle roof, board floors and is a comfortable house to live in and has lived in the said house and made it his exclusive home from the 1 st day of January, 1863 to the present time, and that he has since said settlement ploughed, fenced and cultivates about 35 acres of said land, and has made the following improvements thereon, to wit: built a stable, a sheep shed, 100 feet long corn crib, and has 40 apple and about 400 peach trees set out. Joseph Graff Samuel Kilpatrick I, Henry Atkinson, Register, do hereby certify that the above affidavit was taken and subscribed before me this 20 th day of January, Henry M. Atkinson Register Background Info: One of the first people to file a claim under the Homestead Act of 1862 was Daniel Freeman. Legend has it that Freeman filed his claim 10 minutes after midnight at the Land Office in Brownville, NE on January 1, 1863, the first day the Homestead Act went into effect. The site of his claim is now the site of Homestead National Monument of America. We certify that Joseph Graff & Samuel Kilpatrick whose names are subscribed to the foregoing affidavit are persons of respectability. Henry M. Atkinson, Register Jonathan Cannon, Receiver

4 The Homestead Act- Document Analysis Document A- What was the Homestead Act? 1. How many acres of public land was turned over to private citizens under the Homestead Act? What percent of U.S. land did this amount to? 2. What was a patent? What did it represent to the people who earned it? 3. When was the Homestead Act repealed? What state was the last to allow homesteading? 4. According to the graph, in which span of time were the most patents received? How many were received? Document B- The Homestead Act (modified) 1. When was this act passed? When did it take effect? 2. List the qualifications a person needed in order to receive land under the act. 3. Who was excluded from the Homestead Act? Why would Congress exclude these people? 4. How much land could a person acquire under the act? What were two things they had to do in order to earn the land? Document C- Proof of Land Improvements 1. Why is Daniel Freeman a significant figure in the history of the Homestead Act? 2. In which state did he homestead?

5 3. List the improvements he made to his land. Reflection- Does it appear that acquiring land under the Homestead Act would have been difficult or easy? Explain your opinion, citing specific evidence from all three documents.

6