“Go West, Young Man”: The Homestead Act of 1862

The call of the day seemed to be “Wagons Ho!” And every man and many women too heard the inner voice to “Go West, Young Man.” The Homestead Act of 1862 created much impetus and opportunity for that inner voice.

This article explains the Homestead Act of 1862. It details the background of the Homestead Act, what the Homestead Act was, what the requirements were to become a homesteader, the homesteading process and required forms, and how you can use Homestead records for genealogical research.

Introduction

The Homestead Act of 1862 was epic! It was, perhaps, one of the greatest pieces of legislation ever to be enacted by the U.S. Congress. It was signed into law on May 20, 1862, by President Abraham Lincoln. This law put public lands into the hands of able-bodied men and women who were willing to work hard in their reach for the all-American dream of independence, and personal and family land ownership. From 1862 until the Act expired in 1976 (1986 for Alaska), 1.6 million homesteads were granted. It is interesting to note that “Between 1862 and 1986 about 10 percent of all land in the United States, 270,000,000 acres (420,000 sq mi), were transferred from federal to private control.”

Historical Background Leading to the Homestead Act of 1862

From the beginnings of America, that spirit of colonization directed the thoughts and actions of many. America itself was founded on the principles of working toward a dream, freedom, and opportunity. People were inspired by these ideals. Land acquisition was the dream for all, but the costs were often prohibitive. As the dream continued to work upon the people, as they desired to create their personal dreams, the country itself began to expand. Lands were purchased from the Native Americans or other nations, and from those who first declared ownership of the lands.

Following the Louisiana Purchase, the philosophy of “Manifest Destiny” became a national focus or attitude. This was a belief that God, Himself, had created the destiny within the hearts of all Americans. Folks believed that God was giving the drive to move and expand to fill the whole available continent.

It was perhaps the spirit of Manifest Destiny that gave birth to the now legendary drive to “Go West, Young Man!” Though the phrase cannot be pegged specifically to anyone, Horace Greeley (an author and newspaper editor) is often given credit for coining the phrase. Greeley reportedly said, “Washington is not a place to live in. The rents are high, the food is bad, the dust is disgusting, and the morals are deplorable. Go West, young man, go West and grow up with the country” (attributed to Horace Greeley, New-York Daily Tribune, July 13, 1865).

During the 1850s various attempts were made by Congress relative to laws for land acquisition and western expansion. “Three times—in 1852, 1854, and 1859—the House of Representatives passed homestead legislation, but on each occasion, the Senate defeated the measure. In 1860, a homestead bill providing Federal land grants to western settlers was passed by Congress only to be vetoed by President Buchanan. … After Southern states had seceded from the Union, the Homestead Act was passed and signed into law.”

What Was the Purpose of the Homestead Act of 1862?

President Abraham Lincoln signed the Homestead Act on May 20, 1862. Said Lincoln, “An allusion has been made to the Homestead Law. I think it worthy of consideration, and that the wild lands of the country should be distributed so that every man should have the means and opportunity of benefitting his condition.”

The purpose of the Homestead Act was to put public (government held) lands into the hands of the people with the goal of creating communities throughout the nation. It was to build the country, to increase prosperity, to increase community, to increase the tax base, and to give opportunity to families. It was to be a means of growth, development, and progress.

What Were the Terms of the Homestead Act of 1862?

The terms of the Homestead Act:

1. Be the head of a family OR be age 21 or older (an interesting distinction) 
2. Be a U.S. Citizen or be an immigrant who has declared his or her intent to be a citizen 
3. Have not ever borne arms against the United States (or have given aid or comfort to enemies of the nation) 

The key phrase was “any person” — so anyone, male or female. And since the Homestead Act was put into place in 1862, it is interesting that African Americans and freed slaves were also eligible. Immigrants also were able to become homesteaders. To qualify, an immigrant needed only to complete the “Declaration of Intention” (that’s the official document title that starts the naturalization process) declaring intent to become a citizen. To “prove up” on a homestead, a homesteader must have lived on the land for a minimum of 5 years. And that is exactly the minimum time required for an immigrant to complete the naturalization process to become a citizen.
The Homestead Act was simple (in theory, anyway). To qualify, any individual could make an application to receive up to 160 acres (a quarter “section”) of Western land, live on the land for 5 years or more, put up a home, and make improvements. And after he had “proved up” on the homestead, he or she had to go to a land office, complete paperwork, and make an administrative payment of just $18.

What Were the Results of the Homestead Act of 1862?

A future U.S. President, George H.W. Bush reflected on the passage of the Homestead Act as he said, “[The Homestead Act of 1862] is one of the most successful endeavors in American history, causing the great land rush to the Wild West and forming the vision for … urban America today. … Abraham Lincoln's Homestead Act empowered people, it freed people from the burden of poverty. It freed them to control their own destinies, to create their own opportunities, and to live the vision of the American dream.” (George H.W. Bush, November 28, 1990)

Completing the Homesteading Process and Receiving a Land Patent

When a homesteader was ready to “prove up” on the homestead he or she could finalize the process to obtain the land Patent (or title). He or she (the “Claimant”) needed to show that he or she had completed all requirements (including living on the land for 5 years). Claimants needed to file affidavits showing that the homestead was their primary residence and that they had made improvements to the land.

Then these local land offices forwarded the paperwork to the General Land Office (GLO) in Washington, DC, along with a final certificate of eligibility. The case file was examined, and valid claims were granted patent to the land free and clear. And typically, the final patent was signed by the President of the United States.

Searching for Homestead Records and Documents

Historically, the US General Land Office (GLO) administered all public lands. In 1946, The GLO became the Bureau of Land Management (BLM). And so today, it is the BLM who administers all public lands, including homesteaded lands. It was the GLO that issued final patent certificates to those who had met all requirements to complete the homesteading process. Their 30 million documents are housed in the National Archives. Those documents have also been filmed and are being indexed by FamilySearch.

Records can be accessed in a variety of ways. They are on Fold3.com, Ancestry.com and FamilySearch.org databases and can be searched online. Copies of the entire application files are called “Land-entry Case Files” and can be obtained from the National Archives.

The Homestead Index

This map shows the states for which homestead records have been indexed for easier access. It also shows the states which offered homesteading options.

If you are researching homesteads in Alaska, Arizona, Indiana, Illinois, Iowa, Nebraska, Nevada, Ohio, Wyoming, or Utah, you can search for their digitized homestead records (up to 1908) from your own computer. States shown in white on this map have not been indexed, but records may be available from the National Archives. States shown in pink on the above illustration were not homesteading states.

What Does a Homestead Land Patent Do?

“A land patent is the only form of proof of absolute title to land in the United States. It protects the landowner from claimants of co-ownership as well as the United States government. A land patent is granted to the named party and his, her, or their heirs and assigns forever.” The homesteader could not sell his land until 5 years after the Patent.

Obtaining a Copy of the “Land-Entry Case Files” from the National Archives

The National Archives potentially could have copies of all documents relative to your family’s homesteading process. Use form NATF Form 84 to request copies of the land entry files. Results can be sent on paper copies, on CD or DVD, or by electronic transfer. Online materials will be received much faster than paper copies. It may take a month or 2 — or more for you to receive your file. Whichever delivery method that you choose, there is a fee.

The file can include the claimant’s name, his or her address, whether married or single, if he or she had children, where born, birth date, where from (if an immigrant), and other great information.

Did Other Countries Also Have Homesteading Opportunities?

While this article focuses upon Homesteading in the United States, the homesteading dream was not limited to the United States. Canada had its own version, called the Dominion Lands Act. It passed in 1872 and was in use until 1918. It aimed to encourage the settlement of Canada's prairie provinces of Alberta, Saskatchewan, and Manitoba. The Canadian Homestead Act gave 160 acres for free to any male farmer who agreed to cultivate at least 40 acres and to build a permanent dwelling within 3 years.

Australia has also had homesteading opportunities. Homesteading, as we call it in the U.S., is acquiring land — while in Australia, homesteading is more the “art of living off of the land.” “Selection” was the more appropriate term for getting land and working to get the title of it.

Additional resources

• Homestead Act original document (and virtual activities for students from the National Archives).
• U.S. History Scene article with several video resources.