POST-RECONSTRUCTION LEGISLATION (Laws)

HOMESTEAD ACT OF 1862

The Homestead Act of 1862 is a United States federal law that gave an applicant ownership of farmland, called a “homestead,” at no cost to the applicant. The homesteads were typically 160 acres of undeveloped federal land (land owned by the federal government) west of the Mississippi River. It was part of the “Free Soil” policy of northerners who wanted individual farmers to own and operate farms rather than slave owners buying up the land and using slave labor.

Originally, the Homestead Act of 1862 had been blocked in Congress by southern Democrats who wanted the federal land for slave owners. Once the South seceded from the Union, the Republican Congress passed the bill and it was signed into law by President Lincoln on May 20, 1862. The law required three steps: 1) file an application, 2) improve the land, and 3) file for deed of title (showing ownership of the land). Anyone, including freed slaves, who had never rebelled against the U.S. government could file an application to claim a federal land grant. The occupant also had to be 18 years or older, had to live on the land for five years, and show evidence of having made improvements to the land.

Only about 40 percent of the applicants who started the process were able to complete it and obtain the title to their homestead land. Eventually, 1.6 million homesteads were granted and 270 million acres of federal land became private property between 1862 and 1934, a total of 10% of all lands in the United States. Homesteading was ended in 1976, except in Alaska, where it continued until 1986.

Define a “homestead.” / Why did northerners want to open up federal land to individual farmers?
How would the Homestead Act of 1862 have contributed to westward expansion? / How would the Homestead Act of 1862 have affected the treatment of Native Americans?

MORRILL ACT OF 1862

Once the South left the Union, the remaining northern states began passing a number of laws that the South had blocked prior to secession. One of those laws was the Morrill Act, which made it possible for the new western states to establish colleges for their citizens. By the 1860s, higher education was becoming more accessible and many politicians and educators wanted to make it possible for all young Americans to receive some sort of advanced education.

The Morrill Act gave to every state that had remained in the Union a grant of 30,000 acres of public land for every representative and senator of that state. Since under the Constitution every state had at least 2 senators and 1 representative, even the smallest state received 90,000 acres. The states were to sell this land and use the proceeds to establish colleges in engineering, agriculture, and military science. Over 70 “land grant” colleges, as they came to be known, were established under the original Morrill Act and a second act in 1890 extended the land grant provisions to the 16 southern states, including Texas. Texas A&M (WHOOP!) and Prairie View A&M are two current Texas universities that were established under the Morrill Act.

These land grant colleges were, and still are, very important educational institutions in the United States. Although originally started as agricultural and technical schools, many of them grew into large public universities, which over the years have educated millions of American citizens (like Mr. King) who otherwise might not have been able to afford college.

What did the Morrill Act give to every state loyal to the Union? / What were states to do with the land they were given?
What kinds of education did land grant colleges originally focus on? / Name 2 Texas universities that were established under the Morrill Act.

DAWES ACT OF 1887

The Dawes Act of 1887 was a law passed by the federal government that authorized the president to survey Indian tribal land and divide it up into plots for individual Native Americans. The stated objective of the Dawes Act was to get Native Americans to assimilate (fit into) American society and individual ownership of land was seen as an important step of that assimilation. The law also stated that the government would purchase any Indian land not used for these individual plots and open it up for settlement by non-Native Americans, therefore allowing Americans to take over land that was originally set aside for Native Americans.

The original U.S. policy intended to concentrate the Native Americans in areas away from invading settlers, but it caused considerable suffering and many deaths.The Reservation system, though forced upon Native Americans, was a system that allotted each tribe a claim to their new lands, protection over their territories, and the right to govern themselves.

Although the United States said the purpose of the Dawes Act was to protect Native American’s welfare, it was viewed with suspicion by many Native Americans that had been hurt by the government’s relocation efforts of the past. Indians who had refused to submit to previous relocations refused to register for the Dawes Act for fear they would be caught and punished. The amount of land in native hands rapidly depleted due to the Act. It went from some 138million acres (610,000km2) in 1887 to a 48million acres (320,000km2) by 1934.

Finally, in 1934, after decades of seeing the problems and injustices that the Dawes Act caused, President Franklin D. Roosevelt repealed (cancelled) the Dawes Act and instead created laws that renewed Native Americans’ right to reorganize and form their own governments.

What was the purpose of the Dawes Act? (THINK: Why was it passed?) / What was the original policy of the U.S. government prior to the Dawes Act?
Why did many Native Americans not register for the Dawes Act? / What happened to the Dawes Act?