Homestead Acts

The Homestead Acts were several laws in the United States by which an applicant could acquire ownership of government land or the public domain, typically called a homestead. In all, more than 160 million acres (650 thousand km²; 250 thousand sq mi) of public land, or nearly 10 percent of the total area of the United States, were given away free to 1.6 million homesteaders; most of the homesteads were west of the Mississippi River.

An extension of the homestead principle in law, the Homestead Acts were an expression of the Free Soil policy of Northerners who wanted individual farmers to own and operate their own farms, as opposed to Southern slave owners who wanted to buy up large tracts of land and use slave labor, thereby shutting out free white farmers.

For a number of years individual Congressmen put forward bills providing for homesteading, but it was not until 1862 that the first homestead act was passed. The Homestead Act of 1862 opened up millions of acres. Any adult who had never taken up arms against the federal government of the United States could apply. Women and immigrants who had applied for citizenship were eligible. Most homesteading occurred during the period of 1900–1930. As of 2017, around 93 million Americans were descendants of people who received land through the Homestead Acts.

Land-grant laws similar to the Homestead Acts had been proposed by northern Republicans prior to Civil War but they had been repeatedly blocked in Congress by Democrats who wanted western lands open for purchase by slave owners. The Homestead Act of 1860 passed in Congress but was vetoed by President James Buchanan, a Democrat. After the Southern states seceded from the Union in 1861 (and their representatives had left Congress), the bill passed and was signed into law by President Abraham Lincoln (May 20, 1862). Daniel Freeman became the first person to file a claim under the new act.

Between 1862 and 1934, the federal government granted 1.6 million homesteads and distributed 270,000,000 acres (420,000 sq mi) of federal land for private ownership. This was a total of 10% of all land in the United States. Homesteading was discontinued in 1976, except in Alaska, where it continued until 1986. About 40% of the applicants who started the process were able to complete it and obtain title to their homesteaded land after paying a small fee in cash.

Homestead laws depleted Native American resources as much of the land they relied on was taken by the federal government and sold to settlers. Native ancestral lands had been limited through history, mainly through land allotments and reservations, causing a gradual decrease in this Indigenous land. Many of these land-grabs occurred during and after treaty negotiations between Indigenous tribes and the United States. Native Americans often traded their land in exchange for citizenship and civil rights. Due to the United States' economic power, these tribes had little leverage and millions of acres of land were transferred from their ownership. It was difficult for Indigenous people to legally challenge this infringement because they lacked legal rights and legal standing. These treaties were used to naturalize and civilize Native Americans. Native Americans were not allowed to file land claims under the Homestead Acts unless they renounced their tribal citizenship.

As an indirect, de facto way to secure the dispossessed land, the US government allowed late homesteading during the early twentieth century. This acted as a way to solidify settlements and permanently disrupt tribal land practices in the face of backlash.

This Homestead Acts also resulted in tensions between settlers and Indigenous people, partly due to settlers moving onto Indigenous territory while it was still occupied. Settlements excused Indian removal and culminated in multiple wars waged by settler militia.