Ruins of old homestead along Butler Street
As the War Between the States raged through the nation, the Federal government in Washington, DC struggled with running the day to day affairs of a nation which was ripping itself apart on battle fields that stretched from the Potomac River to the Rio Grande.
During this era Congress and the President managed to pass one remarkable piece of legislation; The Homestead Act, on May 20, 1862. The act allowed an adult, over age 21, male or female, to claim 160 acres of land from the public domain. Homesteaders had to cultivate the land and improve it, which usually meant by way of building a house or a barn, and live on the land for five years. After meeting these requirements, the buyer would pay a $10 filing fee and the land became their farm at that point in time.
Senator Thomas Hart Benton was one of the chief architects of the plan when he proposed it during the 1830s as a way to increase the number of farms in the US. Yet the plan was not a new one even then. Following the Revolutionary War, many veterans were paid for their services with "Bounty Land." The same system was used following the Creek Indian War and the War of 1812.
Among the enduring concepts pushed forth by the idea of the Homestead Act was that of the "yeoman farmer" which was a powerful ideal in American political history. The "Free Soil" party of 1848–52 and the new Republican Party after 1854 demanded that the new lands opening up in the west be available to independent farmers.
The Free Soil Party of 1848 was an outgrowth of the push for the Homestead Act's passage and it was a main theme of the early Republican Party. Yet during the 1850s, the Homestead Act was defeated by Southerners who feared it would attract European immigrants and poor Southern whites to the west.
By the middle of the 1800s, the nation was entangled in divisive sectional politics which complicated the prospects of getting the bill passed. Many were more concerned with the trade tariff provisions of the US tax code rather than seeing the West fill up with small individual farmers.
The act also had its own problems when finally passed in 1862. The intent of the act was to grant land for agriculture yet in the arid areas east of the Rocky Mountains, 640 acres was generally too little land for a viable farm based on the fact that one might need several acres just for one or two cows because of the how little grass naturally grew in the area.
Because of these facts, homesteads were fraudulently used to control resources, especially water. A common scheme was for an individual acting as a front for a large cattle operation to 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 ranchers, effectively ending public land competition.
As previously mentioned, most Southern states were opposed to the act, yet with the secession of the American Southeast, the Republicans in Congress had the last obstacle out of the way and soon passed the bill. Within a short period of time, sod houses and small towns began to dot the landscape of the West. Yet even with the good intentions of the Homestead Act, nothing had as great an impact on the settlement of the American West as railroads and mining.
The legacy of the Homestead Act carried on for many years yet the Federal Land Policy and Management Act of 1976 officially ended homesteading in that the Federal government believed they knew best what to do with the public lands left in their possession.
The only exception to this new policy was that Alaska's homesteading laws continued until 1986 when Ken Deardorff made his claim for 80 acres of land on the Stony River in southwestern Alaska. Deardorff fulfilled all the requirements of the legislation in 1979 but did not receive his deed until May 1988. Deardorff is tied to history by being the last person to receive title to land under the Homestead Act.
The Federal government also created the Arctic Wildlife Reserve in Northeastern Alaska. The area is the size of South Carolina and human habitation is prohibited except for those who had cabin permits in 1980. These permits are valid until the last child of the 1980 permit holders have passed. To date, only 6 permits remain.
Historical quote of the week: "our attachment to no nation on earth should supplant our attachment to liberty." From Declaration of the Causes and Necessities of Taking Up Arms written by Jefferson in 1775.
Available now: The Butler Street Chronicles; Selected histories of the communities surrounding Butler Street and will include information on settlers at Steadham, Pond Fork, Sizemore, Sardine, Butler Street, Hollinger and other communities along this route. Pick up your copy for $15. Copies can be purchased from the author or at Amazon.com or Lulu.com.
Vote for and support the Canoe Landmark District referendum on the 2020 ballot. Call for more details.
Shadows and Dust Volume III: Legacies is available for purchase in the amount of $30.00+$5.00 shipping and handling to PO Box 579 Atmore, AL 36502 or visit Lulu Publishing.com; Amazon.com, Barnes and Nobles.com OR at the Monroe County Heritage Museum in Monroeville, Alabama or by calling 251 294 0293.
