Want to know more about the homesteading act of 1862?
Well, that’s a long history of almost one and a half centuries ago and in this post, I’m going to talk about it in detail.
Because as a happy homesteader, I’m always curious about how homesteading started legally in the US and if the laws are still the same or not.
And the more I read and researched, the more exciting it was!
That’s because I came to know about a lot of things like how homesteading was incepted in the US, the politics behind it, how it impacted the lives of the native Americans and so much more!
If you’re curious to know, just scroll down and you’ll get a lot of information.
What Was The Homestead Act Of 1862 What Did It Do?
The homestead act of 1862 came into action on May 20, 1862, during the time of Civil War.
According to the act, any adult or intended citizen of the western territory who has never carried arms against the government of the US can claim federal land of 160 acres for farming. Individual settlers who agree can live on the land and cultivate there for the improvement of the plot.
As the act passed, the government provided millions of surveyed public lands to the settlers against a filing fee that was quite nominal. But, the agreement also required these individuals to build their house of 12*14 feet on the farming land and live there for at least five consecutive years.
After five years, they were entitled to their property for a minimum registration fee.
The homestead act had one more detail. The settlers could also claim the land after six months of living on the property if they could pay the US government $1.25 for each acre.
And as the Civil War ended, the soldiers of the war were also given the option to deduct their serving time from the requirements of the homestead residency.
What Was The Main Goal Of The Homestead Act?
The homestead act of 1862 had two primary goals.
First, it had a mission to develop western America by encouraging settlement over there. The second goal of the homestead act was to grow the economy of western America.
And these two are closely connected because once the people migrate to the west, and start to live and farm for sustenance, the economy of the western territory is bound to improve.
Which President Created The Homestead Act?
President Abraham Lincoln created the homestead act of 1862 on 20th May.
As the 16th US president from 1861, he played a vital role in stopping the Civil War.
The first claim of homestead act was made by Daniel Freeman on 1st January 1863.
Is The Homestead Act Of 1862 Still In Effect?
No, the homestead act of 1862 isn’t still in effect.
In 1976, the act got replaced by the Federal Land Policy and Management Act. According to this new act, all the public lands were retained by the government as federal lands.
But, in Alaska, the homestead act still prevailed until 1986.
Who Took Advantage Of The Homestead Act?
Homesteading act 1862 allowed only those above 21 years or the head of a family to apply for 160-acre homesteading land for free from the federal government.
But, they either had to be a US citizen or intended to become one. Also, they had to declare that they don’t intend to carry arms or fight against the US government and neither do they want to aid the US enemies.
As soon as the act was passed, people from all professions started to prove their rights. Most of the applicants were farmers without land, immigrants, African Americans, formerly enslaved people, and single women. Along with it, many fraudulent people wanted to take advantage of the homesteading act of 1862.
Over 1900 claims were made for more than 80 million acres by the end of 1900. Almost 3,72,000 farms were built and many people who had no access to land benefitted. But, many homesteaders struggled hard to survive the harsh weather conditions of the west and as far as farming is concerned, they couldn’t succeed in the long run.
Also, the homesteading act had so many ambiguities that it became easier for the fraud people to apply and get free federal land. And moreover, Congress made modifications to the act so early that some of the lands were given to cattlemen, speculators, lumbermen, miners, and railroads without any proper investigation.
Who Is Excluded From The Homestead Act?
Those excluded from the homesteading act 1862 are:
- Anyone who’s below 21 years
- Anyone who’s not a US citizen and doesn’t intend to become one
- A person who has fought or carried arms against the US government
- A person who has aided the enemies of the US government
How Did The Homestead Act Affect The Natives?
The homestead act affected the western native Americans to some extent.
As people from all corners started to migrate to the western US, the population over there increased outrightly. And for obvious reasons, the people from the western United States became uneasy watching the arrival of the migrant homesteaders.
The situation was not easy at all for both the western natives and the migrants. The migrants felt uprooted from their homeland and driven straight to an unknown land and it was quite difficult to cope with the climate and cultural changes.
So, they felt they are suddenly crowded onto reservations, which they couldn’t anticipate before migration.
Did The Homestead Act Contribute To The Civil War?
It’s evident that the homesteading act of 1862 passed during the Civil War (12 April 1861 – 9 April 1865).
Slavery was one of the major issues of the Civil War. With the passing of the homesteading act, many African Americans got a chance to migrate and lead a free homesteading life in the west.
Also, the soldiers of the Civil War got many privileges through the homesteading act.
Firstly, they could claim free federal land for homesteading even if they were below 21 years of age. Secondly, they could deduct their years of service from the 5 years of residency requirement in the homestead.
What Did The Homestead Act Guarantee For American Citizens?
The homestead act guaranteed to provide free federal land of 160 acres to adult American citizens under certain circumstances.
The act also guaranteed that American citizens will be able to claim their homestead property if they pay a minimum registration fee after living and farming there for 5 years.
Is There Still Homesteading In The United States?
Though homesteading in private land is still there in some parts of the US, the homesteading act was removed in 1976 in 48 states.
Ken Deardorff from Alaska was the last claim issuer of homesteading in 1974. In Alaska, the act came to an end in 1986.
Opposition To The Homestead Act
There was opposition to the homesteading act of 1862.
A part of the opposition came from the Northern legislators, who thought that the cheap land will decrease the property values and drive all migrant laborers to the west.
Another opposition came from the Southern legislators, who thought that homesteading will lead to a strong protest against slavery.
Is There Any Unclaimed Land In The US?
No, there’s no unclaimed land left in the US. All lands in the US are claimed by public or private owners.
But, for the development of the nation, the government often donates land parcels to organizations.
Is There Any Free Land In The United States?
No, there’s no free land in the United States and you’ll find no state offering free land.
But, there are cities in states like Kansas, Colorado, Texas, Minnesota, Nebraska, Iowa, and others that are presently giving out free lands that you can check.
How Can I Claim Land For Free?
Well, to claim land for free in the US, you need to present an application or an official letter to that particular locality’s District Collector.
In the letter, you need to clearly state the reason for which purpose you are interested in claiming free land.
When Did The Homestead Act End?
The homestead act ended in 1976 with the passing of the Federal Land Policy and Management Act.
But, it ended in 1986 in Alaska.
Can You Buy An Island And Make It Your Own Country?
Yes, you can buy an island as many countries are offering islands for purchase.
But, that doesn’t mean you can make it your own separate country. The land will still remain a part of that country and you’ll still be identified as the owner.
What Is A Homestead Exemption?
Homestead exemption refers to the legal regime that helps you to protect your homestead or residence from a variety of other entities.
These could be creditors, property taxes, or others who can claim the property after the death of your spouse. Many states in the US have constitutions that include homestead exemption.
Conclusion
So, do you think the homesteading act 1862 initiated the homestead concept in the USA? I’m really curious to know what you think after reading this post.
In my opinion, it was really impactful for some homesteaders while others had to face many consequences depending on the situation. The act is no longer there but homesteading on private land is, of course, legal.
Below is a Pinterest friendly photo…. so you can pin it to your Homestead Lifestyle Board!!
