Public Lands, Homesteading, and Memorial Day

The exchange of free land for military service has been a long-running tradition in the United States. The land was given out to veterans after several American wars, including the Revolutionary War, the War of 1812, the Mexican-American War, and Indian Wars. Often referred to as scrip warrants, these documents were transferrable even before the land was claimed, meaning that they could be bought and sold.

The U.S. granted these scrip warrants for military service from 1775 to 1855, to promote enlistment and reward military service. Some of the people who claimed land with military warrants never themselves served in the military. Some simply purchased the warrants from veterans or land speculators. Many were redeemed by widows and heirs of veterans who made the ultimate sacrifice.

The federal government stopped issuing these just before the Civil War because the Homestead Act was envisioned as the new way to promote and distribute public lands, including rewarding Civil War veterans for their service. The Homestead Act is intricately connected to the Civil War. In fact, it was only able to be passed because of the Civil War. When the southern states seceded, their representatives in Congress and the Senate were removed. When the Homestead Act had been proposed in the 1840s and 1850s, southern lawmakers blocked the passage of free land bills. With Congress and the Senate dominated by President Abraham Lincoln’s party, they were able to deliver on their campaign promise in fighting for free homesteads, as well as marketing the law as a military service benefit to those fighting on behalf of the Union.  

The Homestead Act was signed into law during the Civil War on May 20, 1862, by President Lincoln. The law sought to promote westward settlement across the United States. It offered up to 160 acres of free land to anyone eligible to become a citizen.  

To claim land under the Homestead Act, there were several requirements: 

• You had to be 21 years or older or the head of household. Women were eligible as long as they were the head of the household, meaning that single or widowed women could make a claim. 
• You had to be an American citizen or state your intent to become one. 
• You had to build a house on the land.
• You had to improve the land (which meant growing crops or raising livestock).
• You had to remain on the land for five years. 
• Civil War soldiers could deduct their time served from the residency requirements, and initially, Confederate soldiers were not eligible to homestead. 

But wait a second, let’s back up a bit. What exactly is the Homestead Act? What does it have to do with the Civil War, and with soldiers and veterans? To answer that question, we need to understand a little bit more about land laws and the practice of giving land to veterans.