How we cite our quotes: (Section)
Quote #1
[…] That no certificate shall be given or patent issued therefor until the expiration of five years from the date of such entry […] (Section 2)
The government was basically daring homesteaders to stick it out for five years. They dangled the carrot of the deed to land, which only increased in value as the West was settled, and said, "Have at it." Given the increasing poverty and crime in the cities, people took that dare.
Quote #2
[…] shall prove by two credible witnesses that he, she, or they have resided upon or cultivated the same for the term of five years immediately succeeding the time of filing the affidavit aforesaid, and shall make affidavit that no part of said land has been alienated, and that he has borne rue allegiance to the Government of the United States ; then, in such case, he, she, or they, if at that time a citizen of the United States, shall be entitled to a patent[…] (Section 2)
Not only did they have to work the land for five years, but homesteaders also couldn’t really leave their land. At all.
So yeah, they may have known what they were getting into, but this little gem meant no trips home for family, since travel plus visiting could last up to a couple of months. Nope, settlers were in it for the duration and they went in knowing it, determined to make their homestead work.
Sure, some people probably did take off now and then, but it basically came down to who they got to witness for them. You’d definitely want a buddy who could overlook the occasional escape from bad weather or vacation from working the land. Nobody likes a tattletale.
Quote #3
[…]That no lands acquired under the provisions of this act shall in any event become liable to the satisfaction of any debt or debts contracted prior to the issuing of the patent therefor. (Section 4)
Congress flat out eliminated any get-out-of-jail-free card for people in trouble. Can’t just go file a claim then turn around and use the land to pay off any debts. Nope, folks who filed a claim were dead set on making a living off their land. No ulterior motives here, just pure cussedness and determination.
Quote #4
And be it further enacted, That if[…]before the expiration of the five years aforesaid, it shall be proven[…]that the person having filed such affidavit shall have actually changed his or her residence, or abandoned the said land for more than six months at any time, then and in that event the land so entered shall revert to the government. (Section 5)
Even with Manifest Destiny and the rise of the hardy and adventurous American spirit, Congress had to get real and acknowledge that not everybody was going to be able to cope with the trials of homesteading. Being the government, of course, this just meant a redo on the filing fees.
Hey, at least they didn’t penalize the losing team.
Having this section pretty far down in the document kind of suggests Congress had more faith in the American people than you’d expect. Of course, not even half the claims actually made it to handing over the deed, but considering the nearly four million claims made, that’s a lot of people who tried their hand at homesteading.
Quote #5
And be it further enacted, That nothing in this act shall be construed as to prevent any person who has availed him or herself of the benefits of the first section of this act, from paying the minimum price, or the price to which the same may have graduated, for the quantity of land so entered at any time before the expiration of the five years, and obtaining a patent therefor from the government, as in other cases provided by law, on making proof of settlement and cultivation as provided by existing laws granting preemption rights. (Section 8)
Okay, so Congress did put in a loophole for folks who just couldn’t hack it. Provided, of course, that they could scrape up the dough. But they still had to show proof that they had worked the land, so the shortcut actually ended up costing more unless they had a buyer waiting in the wings for the deed. So there may have been an escape hatch written into the law, but the majority of homesteaders went in with grit and a desire to make good on their claim.
Yay for the American spirit.