Preemptive Homesteaders: Squatters

From Homesteading the Plains Toward a New History, by Richard Edwards, Jacob K. Friefeld, and Rebecca S. Wingo (University of Nebraska Press, 2017), Kindle pp. 7-8:

Even if the federal government had not wanted to distribute its land, it would have found it nearly impossible to avoid it—indeed, in those instances where it tried to restrict settlement, it almost uniformly failed. The first pressure it faced was the constant rush of squatters onto public land. Throughout the nineteenth and early twentieth centuries, many people eagerly sought land in the unsettled regions of the public domain to make farms for themselves. Like the flow of illegal immigration today, squatting was pervasive, insistent, unstoppable, and enjoyed considerable public sympathy. Attempts to hold off unauthorized settlement proved futile, whether in the Military Tracts, the Black Hills, or Indian lands elsewhere. The modern eye might see nineteenth-century government land programs as similar to today’s real estate projects, say, a new housing development where interested buyers show up to consider purchasing property that has been clearly defined and laid out. But squatting meant that the process occurred in reverse order: settlers moved into an unorganized region and claimed land, and the laws and surveys and titles raced to catch up.

The long history of preemption mapped this phenomenon. “Preemption” was simply a euphemism for legalizing squatters. Starting in 1830, Congress periodically passed preemption acts which, recognizing the reality on the ground, forgave intrusions by squatters and allowed them to legalize their claims. These bills in effect said that squatting was wrong, but as with medieval papal indulgences, the sin could be forgiven by payment, in this case usually $1.25 per acre. Preemptors had the first right to purchase land once it was surveyed, and since squatters typically arrived first to stake the best land, the preemption price was often a bargain. In the 1841 Preemption Act, Congress abandoned the idea that squatting was trespass and wrong and authorized (future) preemptions, but attempted to restrict them to already surveyed lands. By 1853 Congress had abandoned this restriction, too, in recognition of the fact that squatters just moved in wherever they wanted, whether or not the land had been surveyed. Many factors contributed to the momentum to legalize preemptions, but the most basic was simply the impossibility of stopping the flow of people onto the land.