During the Civil War, the absence of southern Democrats allowed the Republican Congress to pass the Homestead Act of 1862. Recall from chapter 8 that this act, which provided 160 acres per homestead (320 per married couple), continued the liberalization of the federal government’s land policy. At the time of the act, prime fertile lands remained unclaimed in western Iowa and western Minnesota and in the eastern parts of Kansas, Nebraska, and the Dakotas; these were soon taken, however, leaving little except the unclaimed lands west of the hundredth meridian in the Great Plains (an area of light annual rainfall) or in the vast mountain regions. In most of these plains and mountain regions, a 160-acre homestead was impractical because the land, being suitable only for grazing livestock, required much larger farms. Consequently, between 1870 and 1900, less than 1 acre in 5 added to farming belonged to homesteads.
Mining and timber interests also pressed Congress to liberalize land policy, winning four more land acts:
• The Timber-Culture Act of 1873. Passed ostensibly to encourage the growth of timber in arid regions, this law made available 160 acres of free land to anyone who would agree to plant trees on 40 acres of it.
• The Desert Land Act of 1877. By the terms of this law, 640 acres at $1.25 an acre could be purchased by anyone who would agree to irrigate the land within three years. One serious defect of this act was its lack of a clear definition of irrigation.
• The Timber and Stone Act of 1878. This statute provided for the sale at $2.50 an acre of valuable timber and stone lands in Nevada, California, Oregon, and Washington.
• The Timber-Cutting Act of 1878. This law authorized residents of certain specified areas to cut trees on government lands without charge, with the stipulation that the timber be used for agricultural, mining, and domestic building purposes.
The transfer of public lands into private hands also included purchases at public auctions under the Preemption Act. This act, as noted in chapter 8, encouraged “squatting” by allowing first rights of sale to settlers who arrived and worked the land before public sales were offered.78 Furthermore, huge acreages granted by the government as subsidies to western railroads and to states for various purposes were in turn sold to settlers. Nearly 100 million acres from the Indian territories were opened for purchase by the Dawes Act of 1887 and subsequent measures, ignoring promises made to Native Americans.
Although steps were taken in the 1880s to tighten up on the disposition of public lands, Congress did not pass any major legislation until the General Revision Act of 1891, which closed critical loopholes. In addition, the Preemption Act and provisions defining irrigation were added to the Desert Land Act of 1877. Congress also repealed the Timber-Cutting Act of 1878, removing from the books one of the most flagrantly abused of all the land laws. Finally, the president was authorized to set aside forest preserves—a first milestone in the conservation movement, which had been gaining popular support.
After the turn of the century, the Homestead Act itself was modified to enable settlers to obtain practical-size farms. Beginning in 1904, a whole section (1 square mile, or 640 acres) could be homesteaded in western Nebraska. A few years later, the Enlarged Homestead Act made it possible to obtain a half-section in many areas free of charge. Still later, residence requirements were reduced to three years, and the Stock-Raising Homestead Act of 1916 allowed the homesteading of 640 acres of land suitable only for grazing purposes. Whereas only 1 acre in 5 added to farming before 1900 came from homesteading, the ratio jumped to 9 in 10 between 1900 and 1920.
From the findings of a commission that reported to President Theodore Roosevelt on the pre-1904 disposition of public lands, we may see how the land had been distributed. The total public domain in the United States from 1789 to 1904 contained 1,441 million acres. Of this total, 278 million acres were acquired by individuals through cash purchase. Another 273 million acres were granted to states and railroads, about which more will be said in chapter 16. Lands acquired by or available to individuals free of charge (mostly via the Homestead Act) amounted to 147 million acres. The rest of the public domain, aside from miscellaneous grants, was either reserved for the government (209 million acres) or unappropriated (474 million acres). Between 1862 and 1904, acres homesteaded exceeded government cash sales to individuals. If, however, we count purchases from railroads and states, ultimate holders of land bought twice as much between 1862 and 1904 as they obtained free through homesteading.
After 1904, U. S. land policy became less generous, but by that time, nearly all the choice agricultural land, most of the first-rate mineral land, and much of the timber land located close to markets had been distributed. Between 1904 and 1920, more than 100 million new acres of land were homesteaded in mainly dry and mountainous areas. During this same short period, the government reserved about 175 million acres. Of the original public domain, 200 million acres of land that remained to be disposed of were “vacant” in 1920.79
World History
