Preemption Act of 1841
Encyclopedia
The Preemption Act of 1841, also known as the Distributive Preemption Act (27 Cong.
, Ch. 16; ), was a federal law approved on September 4, 1841. It was designed to "appropriate the proceeds of the sales of public lands... and to grant 'pre-emption rights' to individuals" who were already living on federal lands (commonly referred to as "squatters").
The Preemption Act of 1841 was widely utilized by settlers in Kansas Territory
and Nebraska Territory
(which were opened to settlement in 1854). When the Homestead Act
was enacted in 1862, claims under the Preemption Act sharply decreased.
The act further stipulated that Ohio
, Indiana
, Illinois
, Alabama
, Missouri
, Mississippi
, Louisiana
, Arkansas
, and Michigan
, or any state afterward admitted to the Union, would be paid 10% of the proceeds from the sale of such public land.
The Preemption Act of 1841 declared that an individual was allowed to acquire federal land and claim it as one's property. However, for the claimant to preserve ownership over the land, the claimant had to do some things to legitimize the claim. One way was to be actively residing on the land. Another was to be consistently working to improve the land (for a minimum of five years). It was not necessary that the claimant be titled to the land, just to be living there and working toward improving the stake was enough. If, however, the land remained idle for six months, the government could step in and take the property.
Sections 8 and 9 of the Pre-emption Act of 1841 provided for the granting of 500,000 acres of land to each included State and provided that the proceeds from the sales of such lands, "....shall be faithfully applied to objects of internal improvement
...namely, roads, railways, bridges, canals and improvement of water-courses, and draining of swamps...."
in North America. The Kansas and Nebraska Territories were largely settled by claims brought under the act. In 1891, the Preemption Act was repeal
ed by Congress with the adoption of the Land Revision Act
.
27th United States Congress
The Twenty-seventh United States Congress was a meeting of the legislative branch of the United States federal government, consisting of the United States Senate and the United States House of Representatives. It met in Washington, D.C. from March 4, 1841 to March 3, 1843, during the one-month...
, Ch. 16; ), was a federal law approved on September 4, 1841. It was designed to "appropriate the proceeds of the sales of public lands... and to grant 'pre-emption rights' to individuals" who were already living on federal lands (commonly referred to as "squatters").
The Preemption Act of 1841 was widely utilized by settlers in Kansas Territory
Kansas Territory
The Territory of Kansas was an organized incorporated territory of the United States that existed from May 30, 1854, until January 29, 1861, when the eastern portion of the territory was admitted to the Union as the State of Kansas....
and Nebraska Territory
Nebraska Territory
The Territory of Nebraska was an organized incorporated territory of the United States that existed from May 30, 1854, until March 1, 1867, when the final extent of the territory was admitted to the Union as the State of Nebraska. The Nebraska Territory was created by the Kansas–Nebraska Act of 1854...
(which were opened to settlement in 1854). When 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....
was enacted in 1862, claims under the Preemption Act sharply decreased.
Specifics
The Preemption Act of 1841 permitted "squatters" who were living on federal government owned land to purchase up to 160 acres (64.7 ha) at a very low price (not less than $1.25 per acre, or $3.09 per hectare) before the land was to be offered for sale to the general public. To qualify under the law, the "squatter" had to be:- a "head of householdHead of HouseholdHead of Household is a filing status for individual United States taxpayers.In order to use the Head of Household filing status, the taxpayer must:# Be unmarried or considered unmarried as of the last day of the tax year;...
"; - a single man over 21, or a widow;
- a citizen of the United StatesUnited StatesThe United States of America is a federal constitutional republic comprising fifty states and a federal district...
(or was intending to become naturalized); and, - a resident of the claimed land for a minimum of 14 months.
The act further stipulated that Ohio
Ohio
Ohio is a Midwestern state in the United States. The 34th largest state by area in the U.S.,it is the 7th‑most populous with over 11.5 million residents, containing several major American cities and seven metropolitan areas with populations of 500,000 or more.The state's capital is Columbus...
, Indiana
Indiana
Indiana is a US state, admitted to the United States as the 19th on December 11, 1816. It is located in the Midwestern United States and Great Lakes Region. With 6,483,802 residents, the state is ranked 15th in population and 16th in population density. Indiana is ranked 38th in land area and is...
, Illinois
Illinois
Illinois is the fifth-most populous state of the United States of America, and is often noted for being a microcosm of the entire country. With Chicago in the northeast, small industrial cities and great agricultural productivity in central and northern Illinois, and natural resources like coal,...
, Alabama
Alabama
Alabama is a state located in the southeastern region of the United States. It is bordered by Tennessee to the north, Georgia to the east, Florida and the Gulf of Mexico to the south, and Mississippi to the west. Alabama ranks 30th in total land area and ranks second in the size of its inland...
, Missouri
Missouri
Missouri is a US state located in the Midwestern United States, bordered by Iowa, Illinois, Kentucky, Tennessee, Arkansas, Oklahoma, Kansas and Nebraska. With a 2010 population of 5,988,927, Missouri is the 18th most populous state in the nation and the fifth most populous in the Midwest. It...
, Mississippi
Mississippi
Mississippi is a U.S. state located in the Southern United States. Jackson is the state capital and largest city. The name of the state derives from the Mississippi River, which flows along its western boundary, whose name comes from the Ojibwe word misi-ziibi...
, Louisiana
Louisiana
Louisiana is a state located in the southern region of the United States of America. Its capital is Baton Rouge and largest city is New Orleans. Louisiana is the only state in the U.S. with political subdivisions termed parishes, which are local governments equivalent to counties...
, Arkansas
Arkansas
Arkansas is a state located in the southern region of the United States. Its name is an Algonquian name of the Quapaw Indians. Arkansas shares borders with six states , and its eastern border is largely defined by the Mississippi River...
, and Michigan
Michigan
Michigan is a U.S. state located in the Great Lakes Region of the United States of America. The name Michigan is the French form of the Ojibwa word mishigamaa, meaning "large water" or "large lake"....
, or any state afterward admitted to the Union, would be paid 10% of the proceeds from the sale of such public land.
The Preemption Act of 1841 declared that an individual was allowed to acquire federal land and claim it as one's property. However, for the claimant to preserve ownership over the land, the claimant had to do some things to legitimize the claim. One way was to be actively residing on the land. Another was to be consistently working to improve the land (for a minimum of five years). It was not necessary that the claimant be titled to the land, just to be living there and working toward improving the stake was enough. If, however, the land remained idle for six months, the government could step in and take the property.
Sections 8 and 9 of the Pre-emption Act of 1841 provided for the granting of 500,000 acres of land to each included State and provided that the proceeds from the sales of such lands, "....shall be faithfully applied to objects of internal improvement
Internal improvements
Internal improvements is the term used historically in the United States for public works from the end of the American Revolution through much of the 19th century, mainly for the creation of a transportation infrastructure: roads, turnpikes, canals, harbors and navigation improvements...
...namely, roads, railways, bridges, canals and improvement of water-courses, and draining of swamps...."
Results
The Preemption Act of 1841 helped to establish the doctrine of Manifest DestinyManifest Destiny
Manifest Destiny was the 19th century American belief that the United States was destined to expand across the continent. It was used by Democrat-Republicans in the 1840s to justify the war with Mexico; the concept was denounced by Whigs, and fell into disuse after the mid-19th century.Advocates of...
in North America. The Kansas and Nebraska Territories were largely settled by claims brought under the act. In 1891, the Preemption Act was repeal
Repeal
A repeal is the amendment, removal or reversal of a law. This is generally done when a law is no longer effective, or it is shown that a law is having far more negative consequences than were originally envisioned....
ed by Congress with the adoption of the Land Revision Act
Land Revision Act of 1891
The U.S. Land Revision Act of 1891 gave the president the authority to "set aside and reserve...any part of the public lands wholly or partly covered with timber or undergrowth, whether of commercial value or not." However, it did not explicitly authorize the use or development of resources on the...
.