Donation Land Claim Act
Encyclopedia
The Donation Land Claim Act of 1850 (ch. 76, , enacted September 27, 1850, sometimes known as the Donation Land Act) was a statute enacted by the United States Congress
intended to promote homestead
settlement in the Oregon Territory
in the Pacific Northwest
(comprising the present-day states of Oregon
, Washington, and Idaho
). The law, which is considered a forerunner of the later Homestead Act
, brought thousands of settlers into the new territory, swelling the ranks of the emigrants on the Oregon Trail
. 7,437 patents were issued under the law until its expiration on December 1, 1855.
were also eligible for the grant. A provision in the law granted half the amount to those who arrived after the 1850 deadline but before 1854. Claimants were required to live on the land and cultivate it for four years to own it outright.
The provisional government formed at Champoeg
had limited land claims in the hope of preventing land speculation. The Organic Act
of the Oregon Territory had granted 640 acres (2.6 km²) to each married couple. The new law voided the previous statutes but essentially continued the same policy and was worded in such a way as to legitimize existing claims. One such claim legitimized by the act was that of George Abernethy
, who had been elected to the governorship in the days of the provisional government. His claim became famous for Abernethy Green, where new emigrants camped at the end of the Oregon Trail while seeking a piece of land for themselves.
Claims under the law were granted at the federal land office in Oregon City
. The most famous patent granted at the Oregon City Land Office was the plat
for the city of San Francisco
, which had to be sent up the coast from California
by ship. The claims of the land were surveyed by the Surveyor General of Oregon, an office created out of the law. As part of the general survey, the Willamette Stone
was placed just west of Portland, defining the Willamette Meridian.
After the 1854 cut-off date, land in Oregon was no longer free but was sold at a price of $1.25 an acre ($3.09/hectare) with a limit of 320 acres (1.3 km²) in any one claim. In the following years the price was raised and the maximum size of a claim was progressively lowered. In 1862 Congress passed the Homestead Act
which was largely designed to encourage settlement on the Great Plains
but applied to Oregon as well.
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
intended to promote homestead
Homesteading
Broadly defined, homesteading is a lifestyle of simple self-sufficiency.-Current practice:The term may apply to anyone who follows the back-to-the-land movement by adopting a sustainable, self-sufficient lifestyle. While land is no longer freely available in most areas of the world, homesteading...
settlement in the Oregon Territory
Oregon Territory
The Territory of Oregon was an organized incorporated territory of the United States that existed from August 14, 1848, until February 14, 1859, when the southwestern portion of the territory was admitted to the Union as the State of Oregon. Originally claimed by several countries , the region was...
in the Pacific Northwest
Pacific Northwest
The Pacific Northwest is a region in northwestern North America, bounded by the Pacific Ocean to the west and, loosely, by the Rocky Mountains on the east. Definitions of the region vary and there is no commonly agreed upon boundary, even among Pacific Northwesterners. A common concept of the...
(comprising the present-day states of Oregon
Oregon
Oregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...
, Washington, and Idaho
Idaho
Idaho is a state in the Rocky Mountain area of the United States. The state's largest city and capital is Boise. Residents are called "Idahoans". Idaho was admitted to the Union on July 3, 1890, as the 43rd state....
). The law, which is considered a forerunner of the later Homestead Act
Homestead Act
A homestead act is one of three United States federal laws that gave an applicant freehold title to an area called a "homestead" – typically 160 acres of undeveloped federal land west of the Mississippi River....
, brought thousands of settlers into the new territory, swelling the ranks of the emigrants on the Oregon Trail
Oregon Trail
The Oregon Trail is a historic east-west wagon route that connected the Missouri River to valleys in Oregon and locations in between.After 1840 steam-powered riverboats and steamboats traversing up and down the Ohio, Mississippi and Missouri rivers sped settlement and development in the flat...
. 7,437 patents were issued under the law until its expiration on December 1, 1855.
History
The law was largely the result of Samuel R. Thurston, the Oregon territorial delegate to Congress. The act, which became law on September 27, 1850, granted 320 acres (1.3 km²) to every unmarried white male citizen eighteen or older, and 640 acres (2.6 km²) to every married couple, arriving in the Oregon Territory before December 1, 1850. In the case of a married couple, the husband and wife each owned half in their own name. The law was one of the first that allowed married women in the United States to hold property under their own name. Half-blood Native AmericansNative Americans in the United States
Native Americans in the United States are the indigenous peoples in North America within the boundaries of the present-day continental United States, parts of Alaska, and the island state of Hawaii. They are composed of numerous, distinct tribes, states, and ethnic groups, many of which survive as...
were also eligible for the grant. A provision in the law granted half the amount to those who arrived after the 1850 deadline but before 1854. Claimants were required to live on the land and cultivate it for four years to own it outright.
The provisional government formed at Champoeg
Champoeg, Oregon
Champoeg is a former town in the U.S. state of Oregon. Now a ghost town, it was an important settlement in the Willamette Valley in the early 1840s. It is positioned halfway between Oregon City and Salem and the site of the first provisional government of the Oregon Country...
had limited land claims in the hope of preventing land speculation. The Organic Act
Organic Act
An Organic Act, in United States law, is an Act of the United States Congress that establishes a territory of the United States or an agency to manage certain federal lands. The first such act was the Northwest Ordinance, enacted by the Congress of the Confederation in 1787 in order to create the...
of the Oregon Territory had granted 640 acres (2.6 km²) to each married couple. The new law voided the previous statutes but essentially continued the same policy and was worded in such a way as to legitimize existing claims. One such claim legitimized by the act was that of George Abernethy
George Abernethy
George Abernethy was an American pioneer, notable entrepreneur, and first governor of Oregon under the provisional government in what would become the state of Oregon in the United States...
, who had been elected to the governorship in the days of the provisional government. His claim became famous for Abernethy Green, where new emigrants camped at the end of the Oregon Trail while seeking a piece of land for themselves.
Claims under the law were granted at the federal land office in Oregon City
Oregon City, Oregon
Oregon City was the first city in the United States west of the Rocky Mountains to be incorporated. It is the county seat of Clackamas County, Oregon...
. The most famous patent granted at the Oregon City Land Office was the plat
Plat
A plat in the U.S. is a map, drawn to scale, showing the divisions of a piece of land. Other English-speaking countries generally call such documents a cadastral map or plan....
for the city of San Francisco
San Francisco, California
San Francisco , officially the City and County of San Francisco, is the financial, cultural, and transportation center of the San Francisco Bay Area, a region of 7.15 million people which includes San Jose and Oakland...
, which had to be sent up the coast from California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
by ship. The claims of the land were surveyed by the Surveyor General of Oregon, an office created out of the law. As part of the general survey, the Willamette Stone
Willamette Stone
The Willamette Stone was a small stone obelisk originally located in the western hills of Portland, Oregon in the United States. It marked the intersection and origin of the Willamette Meridian and Willamette Baseline, which defined the grid system of sections and townships from which all real...
was placed just west of Portland, defining the Willamette Meridian.
After the 1854 cut-off date, land in Oregon was no longer free but was sold at a price of $1.25 an acre ($3.09/hectare) with a limit of 320 acres (1.3 km²) in any one claim. In the following years the price was raised and the maximum size of a claim was progressively lowered. In 1862 Congress passed the Homestead Act
Homestead Act
A homestead act is one of three United States federal laws that gave an applicant freehold title to an area called a "homestead" – typically 160 acres of undeveloped federal land west of the Mississippi River....
which was largely designed to encourage settlement on the Great Plains
Great Plains
The Great Plains are a broad expanse of flat land, much of it covered in prairie, steppe and grassland, which lies west of the Mississippi River and east of the Rocky Mountains in the United States and Canada. This area covers parts of the U.S...
but applied to Oregon as well.