The Homestead Act of 1862 was designed to encourage the settlement of the American West. The Act had a rather rocky beginning. By the 1850s there was growing interest in westward movement. Newspaper editor Horace Greeley urged young men to “go West!” The Free-Soil Party and labor unions urged passage of legislation that would offer free land to those willing to settle the West.
Congress initially passed a Homestead Act in 1860, but President Buchanan vetoed it. Southern states feared that the West would be settled by anti-slavery Northerners, tipping the political balance as new states were formed. Employers argued that it would deplete the labor market, resulting in higher wages that could raise prices and hurt the economy.
In May of 1862, however, a new Homestead Act was signed by President Lincoln. The provisions were, for the most part, straightforward and easily understood. A person could claim 160 acres for a small filing fee, though that didn’t include Native Americans, who had been on the land for centuries, or slaves, or married women.
If the person lived on the land for five years and improved the land, the person could “prove up” the claim and earn permanent title. Those improvements included new buildings, planting trees, and engaging in agriculture.
But on this date in 1908, North Dakotans learned that there was another less well-known provision of the Homestead Act. Homesteader John Black learned that his claim had been cancelled due to what was identified as his lack of good faith. Black was a South Dakotan who claimed land near Grand Forks. He apparently lived on the land for the required five years, broke the required number of acres, and constructed the required building. On the surface, it seemed he had fulfilled all the requirements, and his title to the land seemed like a foregone conclusion. Mr. Black’s problem was that the government became aware of his intention to sell the land and return to South Dakota.
Such “homesteaders” who claimed land with the intention of immediately selling, ran afoul of the good faith provision. Most of them kept their intentions to themselves and were able to receive the final claim. But if the government learned of their intention, the claim could be denied. John Black’s unfortunate experience was a valuable reminder to homesteaders that along with improving the land, good faith was also required.
Dakota Datebook written by Carole Butcher
Sources:
Encyclopaedia Britannica. “Homestead Act of 1862.” www.britannica.ecom Accessed 10/30/1862.
Bismarck Tribune. “Fate of John Black.” Bismarck ND. 12/31/1908. Page 3.
