WEBVTT

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Right now, as you listen to this, nearly 100

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million Americans, which is more than a quarter

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of the entire country's population. Yeah, it's

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a massive demographic. Right. They are walking

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around with a very specific type of generational

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wealth. Generational wealth and just overall

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stability, really. Exactly. And it's all built

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on a single massive government giveaway. The

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biggest one ever. Yeah. Today, for this deep

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dive, we're looking at literally the largest

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transfer of land in human history. The Homestead

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Axe. Homestead Axe. It is a story that involves

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160 million acres of dirt. Which is hard to even

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conceptualize. It really is. And we'll get into

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the construction of America's first mosque, a

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pretty devastating legal loophole that weaponized

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real estate, and basically a fundamentally flawed

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map of opportunity. It is arguably the defining

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engine of American westward expansion. I mean,

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we are talking about 10 % of the total land area

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of the United States. 10 %? Yeah. Roughly 250

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,000 square miles handed over to private citizens.

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Between 1862. And this is the part that always

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gets me in 1986. It's wild that it went on that

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long. It really is. So, welcome to the deep dive.

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If you're here with us, you are someone who,

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you know, isn't satisfied with those surface

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-level textbook summaries. Right, the stuff we

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learned in middle school. Exactly. We all know

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that cinematic painting of the pioneer. Right?

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The covered wagon, the golden wheat, the stoic

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white family standing in front of a log cabin.

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The classic myth. That is the myth. So our mission

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today is to take a towering stack of historical

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sources and crack that painting wide open. Which

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is going to be fun. Very. We're going to look

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at the actual people who navigated these laws,

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the women, the immigrants, the black tenant farmers.

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And we're going to contrast their wild, surprising

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successes with the systemic exclusions they faced.

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Right. And of course, the overarching tragedy

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of the Native Americans whose land was actually

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being distributed. You really can't talk about

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one without the other. No, you absolutely can't.

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OK, let's unpack this. Because a law that gives

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away 10 % of a continent doesn't just happen

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in a vacuum. Definitely not. It was the product

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of a vicious decades -long ideological war. Yeah,

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the Homestead Act of 1862 is the famous legislation,

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but the battle over the public domain started

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way before the Civil War. Way before. It actually

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originated in the North as the Free Soil Policy.

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Right. So northern Republicans in the 1850s had

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this very specific vision for the expanding Western

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territories. And they were pulling directly from

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Jeffersonian democratic ideals, weren't they?

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Exactly. They wanted the land completely available

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to the working class. Their ideal citizen was

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this concept of the the virtuous yeoman farmer.

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The yeoman farmer, which basically means an independent

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operator owning and working his own modest plot

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of land. Right. A guy who answers to no one,

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feeds his family, and contributes to the economy.

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So let's look at the political mechanics of that.

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If you are a northern politician trying to build

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a nation of independent small -scale farmers...

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Which sounds great on paper. Right. But your

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absolute worst nightmare is a competing economic

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system that relies on massive land... and frankly,

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unpaid enslaved labor. Yes. Which means you are

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on a direct collision course with Southern Democrats.

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Right. Because their economy was totally different.

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Completely different. The Southern economy was

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driven by wealthy planters whose entire wealth

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generation model required constant expansion.

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Because tobacco and cotton deplete soil rapidly.

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So rapidly. You know, you can't just farm the

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same plot forever with those crops back then.

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So they needed new land. Exactly. These planters

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needed the Western lands open for outright cash

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purchase so they could buy up enormous tracts,

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move enslaved people onto them, and just replicate

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the plantation system. In the new territories?

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Yes. So if you're a listener, imagine this political

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standoff. The southern lawmakers in Congress

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look at the free soil movement and see an existential

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threat. Absolutely. Because if the government

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starts handing out free 160 acre plots to working

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class people, it floods the West with European

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immigrants. And poor northern whites. Right.

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And those people are going to form free states.

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Which changes the math in Congress. Exactly.

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They will eventually send anti -slavery representatives

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to Washington. completely and permanently tipping

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the balance of power against the South. Which

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they couldn't allow. No. Because of that, Southern

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Democrats repeatedly and I mean repeatedly successfully

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blocked homestead law proposals. Did they even

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get a president to veto one? They did. They managed

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to get President James Buchanan, who was a northern

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Democrat but very sympathetic to the South, to

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veto a successful homestead bill in 1860. Wow.

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Yeah. It was a complete legislative deadlock.

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Until the Southern states seceded in 1860. I

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mean, the moment the Confederacy is formed. Those

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Southern Democrats just pack up and leave the

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United States Congress. The opposition simply

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vanishes from the room. Poof gone. Leaving the

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Republicans and their unionist allies in total

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control of the legislative agenda. So without

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the planter class there to block them, President

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Abraham Lincoln signs the Homestead Act into

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law on May 20th, 1862. And it officially goes

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into effect on January 1st, 1863. You know, the

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audacity of the timing is just staggering. The

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country is tearing itself apart. in literally

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the bloodiest conflict in its history. Yeah.

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The Civil War is raging. And Lincoln is signing

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a bill to give away a tenth of the landmass for,

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what, a $10 filing fee? A $10 fee and five years

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of sweat equity. Sweat equity. I love that term.

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But I have to push back on this framing immediately.

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Go for it. We cannot talk about free land without

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addressing the ledger. Right. This land wasn't

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just sitting empty, waiting to be claimed by

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these virtuous yeoman farmers. What's fascinating

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here is the foundational cost of this entire

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enterprise, because the overarching reality dominating

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our sources is that the homestead laws inherently

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and severely depleted Native American resources.

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That is the core of it. Right. The government

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could only distribute 160 million acres because

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they were actively engineering the dispossession

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of the people already living on it. It is the

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tragic baseline of this entire deep dive. It

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has to be. Like every story of resilience and

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success we are about to cover takes place on

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land with a prior owner. Exactly. So how was

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the government, you know, legally justifying

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this massive transfer into the public domain?

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Well, the primary mechanism was treaty negotiation.

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Treaties. Yeah. But we have to look closely at

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the power dynamics of those treaties. Native

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ancestral lands had already been limited through

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earlier allotments and the reservation system.

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Right. So the government would approach a tribe

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to negotiate land sessions in exchange for promises.

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Promises of what? Citizenship, annuities, or

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civil rights. Which sounds like a standard legal

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contract until you look at the actual leverage.

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Right. I mean, the United States possessed overwhelming

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economic and military superiority. The tribes

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were essentially negotiating at gunpoint. That's

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a very accurate way to put it. Furthermore, indigenous

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people lacked basic legal rights and standing

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in the U .S. court system at this time. Oh, right.

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So they couldn't even sue. No. If the government

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broke a treaty, which, by the way, happened constantly,

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a tribe couldn't just sue the federal government

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and federal court. Because they had no recognized

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mechanism to challenge the infringement. Exactly.

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These treaties were ostensibly framed as a way

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to, quote, naturalize and civilize Native Americans.

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But the practical result. The practical mathematical

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result was millions of acres of tribal territory

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transferred into the federal public domain, ready

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to be carved into 160 -acre squares. It's devastating.

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And the pressure from the settlers themselves

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often outpaced the legal paperwork, didn't it?

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Oh, absolutely. Homesteaders would just push

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into indigenous territory while it was still

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legally occupied. Which creates conflicts. Right,

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which creates conflicts that the government would

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then use as an excuse to deploy the military.

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To wage war and force further removal. Exactly.

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The homestead acts were the engine driving that

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displacement. So keeping that crucial context

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in mind. Let's look at how specific populations

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navigated this newly created machinery of land

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distribution. Let's do it. We know the Southern

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Democrats fought the acts to protect slavery.

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But I want to look at how Black Americans interacted

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with a system that was, well, initially built

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to exclude them and later aggressively marketed

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to them. Yeah, to understand the African -American

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experience on the frontier, we actually have

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to look at legislation that predates the famous

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1862 Act. Okay, what are we looking at? Specifically,

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the Oregon Donation Land Claim Act of 1850. 1850.

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So this applied to the Oregon Territory, which

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was massive back then. Huge. Modern -day Washington,

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Oregon, Idaho, and parts of Wyoming. Right. The

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1850 Act was, at the time, the most generous

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land distribution bill in U .S. history. How

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generous. It allowed white settlers to claim

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320 acres or up to 640 acres for married couples.

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Wow. Yeah. The government was practically begging

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people to move to the Pacific Northwest. Why?

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to solidify American claims against the British.

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Exactly. They even guaranteed land for half -breed

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Indian men in the territory who met certain conditions.

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But the sources highlight a glaring, legally

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codified exclusion here. They do. The 1850 Oregon

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Act explicitly barred black citizens from owning

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land and real estate in that territory. It was

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a deliberate racial lockout. I mean, while white

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families were securing 640 acre foundational

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estates that would generate wealth for generations.

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Black Americans were legally prevented from participating.

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Yes. In the primary wealth building mechanism

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of the era. Which had to have profound lasting

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negative effects on the demographics and economic

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equality of the Pacific Northwest. Oh, absolutely.

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You can still see those demographic shadows today.

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But after the Civil War, during Reconstruction,

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The legal framework flips, right? It does. The

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federal government looks at the South, sees a

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massive population of newly freed, completely

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impoverished, formerly enslaved people, and tries

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to use land distribution to fix it. Which brings

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us to the Southern Homestead Act of 1866. Right.

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The 1866 act was a targeted legislative effort.

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The goal was to dismantle the remnants of the

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plantation economy. By allowing poor tenant farmers

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and sharecroppers to become landowners. Exactly.

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And unlike the Oregon Act, the 1866 law explicitly

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included Black Americans. OK, so on paper, that

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sounds incredibly progressive. On paper, yes.

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The government is stepping in to provide a pathway

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out of sharecropping. But the physical and economic

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reality on the ground. was a nightmare. A total

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nightmare. Let's look at the mechanics of what

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was actually being offered to these people. Well,

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the land made available under the Southern Homestead

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Act was mostly undeveloped forestry in states

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like Arkansas, Florida, Louisiana, Mississippi,

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and Alabama. Undeveloped forestry. I want to

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pause and really think about what that means

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for a farmer in 1866. It's brutal. Yeah, this

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is not a flat expanse of Kansas prairie where

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you can just hitch up a plow and start turning

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soil. This is a dense old growth southern forest.

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Right. And to prove up a claim, you have to cultivate

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the land. But to cultivate a forest, you have

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to clear the trees. You need heavy steel axes,

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cross -cut saws, you need draft animals to pull

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the stumps, chains, seed. And perhaps most importantly,

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you need enough stored food and capital to survive

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the months or years it takes to clear the land

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before you ever see your first harvest. Exactly.

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Which means the only people who could actually

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utilize this quote free land were people who

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already had capital. And newly freed black Americans,

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who had been systematically robbed of their labor

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and wealth for generations, did not have capital.

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They had nothing. It's a completely hollow offer.

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It's like, um... It's like giving someone the

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blueprints to a mansion and telling them it's

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theirs if they can build it in five years. Yeah.

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But making it illegal for them to own a hammer.

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That's a great analogy. That lack of capital

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was the primary filter. But even if a black applicant

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managed to scrape together the resources, they

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faced an openly hostile system. Hostile how?

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The sources detail rampant discrimination and

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deliberate bureaucratic inertia. Give me an example

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of how that bureaucracy operated as a weapon.

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Because I think people assume it's just slow,

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not malicious. Oh, it was malicious. The local

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land offices were often staffed by former Confederates

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or Confederate sympathizers. Wow. OK. So an African

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-American applicant would come in to file their

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claim or pay their fees, and the officials would

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simply refuse to process the paperwork. They

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just refuse. Or they would lose the files. They

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would assign the land to a white applicant instead.

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The 1866 Act included lower prices to supposedly

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help the working class, but even a few dollars

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for filing fees was an insurmountable barrier.

00:13:00.159 --> 00:13:01.879
Especially for someone trapped in the sharecropping

00:13:01.879 --> 00:13:03.659
system, where the plantation owner controlled

00:13:03.659 --> 00:13:05.879
all the currency anyway. Exactly. So you have

00:13:05.879 --> 00:13:09.080
dense forests requiring heavy capital, a local

00:13:09.080 --> 00:13:11.320
government actively sabotaging the paperwork,

00:13:11.620 --> 00:13:14.059
and a population starting with less than zero

00:13:14.059 --> 00:13:17.320
wealth. And yet. And yet. The historical record

00:13:17.320 --> 00:13:19.860
reveals something absolutely astonishing. It

00:13:19.860 --> 00:13:22.679
really is. Despite every deliberate systemic

00:13:22.679 --> 00:13:24.960
barrier constructed against them, the Southern

00:13:24.960 --> 00:13:27.820
Homestead Act did yield incredible results for

00:13:27.820 --> 00:13:29.860
Black Americans. Tell me this stat because it

00:13:29.860 --> 00:13:32.279
blew my mind. Within a single generation after

00:13:32.279 --> 00:13:35.960
its passage by the year 1900, a full one -quarter

00:13:35.960 --> 00:13:38.460
of all Southern Black farmers were farm owners.

00:13:39.059 --> 00:13:42.159
25%. One in four Black farmers in the South owned

00:13:42.159 --> 00:13:45.259
their own land by 1900. When you consider the

00:13:45.259 --> 00:13:48.320
physics of what they had to overcome, clearing

00:13:48.320 --> 00:13:51.299
forests by hand while fighting off a hostile

00:13:51.299 --> 00:13:55.139
bureaucracy. That statistic is a testament to

00:13:55.139 --> 00:13:57.980
an unimaginable level of grit. It's incredible.

00:13:58.240 --> 00:14:00.799
It demonstrates how desperately marginalized

00:14:00.799 --> 00:14:03.799
groups sought land ownership as the ultimate

00:14:03.799 --> 00:14:06.179
guarantor of autonomy. And they weren't just

00:14:06.179 --> 00:14:08.820
staying in the South, right? No. African -Americans

00:14:08.820 --> 00:14:11.759
were utilizing the 1862 Homestead Act to move

00:14:11.759 --> 00:14:14.259
into the West and the Great Plains as well. We

00:14:14.259 --> 00:14:16.220
actually see this documented by the people who

00:14:16.220 --> 00:14:18.179
lived it. Oscar Machoe is a perfect example.

00:14:18.279 --> 00:14:20.820
Oh, yeah. Machoe is fascinating. Most people

00:14:20.820 --> 00:14:23.600
know him as a legendary pioneer of early black

00:14:23.600 --> 00:14:27.029
cinema. But before he was making movies, he was

00:14:27.029 --> 00:14:29.870
a homesteader in South Dakota. He wrote a semi

00:14:29.870 --> 00:14:33.590
-autobiographical novel in 1917 called The Homesteader.

00:14:33.879 --> 00:14:36.580
It offers a deeply personal look at the specific

00:14:36.580 --> 00:14:38.980
lived experience of an African -American pioneer

00:14:38.980 --> 00:14:41.039
striving on the plains. Fighting the elements

00:14:41.039 --> 00:14:44.019
in the social isolation. Exactly. But as we look

00:14:44.019 --> 00:14:46.279
at the African -American experience on the frontier,

00:14:46.820 --> 00:14:49.720
the sources introduce a profound historical contradiction

00:14:49.720 --> 00:14:52.940
that we have to address. Yes. And that involves

00:14:52.940 --> 00:14:55.139
the Buffalo Soldiers. The all -black regiments

00:14:55.139 --> 00:14:57.799
in the U .S. Army serving in the West. Right.

00:14:58.000 --> 00:15:00.419
The Buffalo Soldiers were instrumental in building

00:15:00.419 --> 00:15:02.340
the infrastructure of the American frontier.

00:15:02.669 --> 00:15:06.149
They strung telegraph lines, protected settlements.

00:15:06.350 --> 00:15:09.710
And maintain order, yeah. But their primary directive

00:15:09.710 --> 00:15:11.889
from the federal government was often to engage

00:15:11.889 --> 00:15:14.090
in military campaigns against Native Americans.

00:15:14.129 --> 00:15:17.549
Oh, yeah. The sheer tragic irony of this is heavy.

00:15:17.809 --> 00:15:20.070
It's very heavy. You have recently emancipated

00:15:20.070 --> 00:15:22.730
black men, joining the military as one of the

00:15:22.730 --> 00:15:25.649
few avenues available to prove their citizenship

00:15:25.649 --> 00:15:28.429
and secure a living wage. Yeah. Being ordered

00:15:28.429 --> 00:15:32.080
by the government. to violently dispossess indigenous

00:15:32.080 --> 00:15:34.960
people of their land. And that very land is then

00:15:34.960 --> 00:15:37.259
transferred into the public domain where it might

00:15:37.259 --> 00:15:39.820
be homesteaded by other African Americans fleeing

00:15:39.820 --> 00:15:42.539
violence in the post -Reconstruction South. It

00:15:42.539 --> 00:15:44.519
shows how the machinery of the Homestead Acts

00:15:44.519 --> 00:15:47.919
entangled different marginalized groups, forcing

00:15:47.919 --> 00:15:50.860
them into adversarial roles based entirely on

00:15:50.860 --> 00:15:53.460
the government's mandate for expansion. It completely

00:15:53.460 --> 00:15:55.539
obliterates that neat little pioneer painting

00:15:55.539 --> 00:15:58.000
we talked about at the start. It really does.

00:15:58.440 --> 00:16:01.840
The reality is messy, it's painful, and it's

00:16:01.840 --> 00:16:04.759
built on a complex web of survival. Absolutely.

00:16:05.059 --> 00:16:06.919
So we've established that the government was

00:16:06.919 --> 00:16:09.840
more than willing to legally lock out specific

00:16:09.840 --> 00:16:12.559
races to control the demographics of the frontier.

00:16:12.600 --> 00:16:15.899
Right. But when you look at the exact same legislation,

00:16:16.340 --> 00:16:19.860
you find this bizarre, almost accidental contradiction

00:16:19.860 --> 00:16:22.240
when it comes to gender. This is one of my favorite

00:16:22.240 --> 00:16:24.870
parts of the history. Right. While they were

00:16:24.870 --> 00:16:27.409
writing exclusions for Black and Asian Americans,

00:16:27.950 --> 00:16:30.850
they left a massive legal loophole wide open

00:16:30.850 --> 00:16:33.779
for women. It is one of the most surprising progressive

00:16:33.779 --> 00:16:36.220
elements of 19th century law. So where did it

00:16:36.220 --> 00:16:38.460
come from? To trace its origin, we actually have

00:16:38.460 --> 00:16:41.679
to go back to that deeply racist 1850 Oregon

00:16:41.679 --> 00:16:43.940
Land Donation Act we just discussed. The same

00:16:43.940 --> 00:16:46.340
one that barred black citizens. The very same!

00:16:46.659 --> 00:16:49.559
The 1850 Oregon Act contained a fascinating legal

00:16:49.559 --> 00:16:52.080
mechanism regarding property. What was it? It

00:16:52.080 --> 00:16:54.940
allowed the donation of up to 400 acres of land

00:16:54.940 --> 00:16:57.379
and stated it could be claimed by the heads of

00:16:57.379 --> 00:17:00.220
households. Okay. And legally, Congress allowed

00:17:00.220 --> 00:17:02.679
that definition to include women. Think about

00:17:02.679 --> 00:17:06.039
the timeline here. For anyone listening, remember

00:17:06.039 --> 00:17:08.440
that women did not get the right to vote nationwide

00:17:08.440 --> 00:17:11.640
in the United States until 1920. Right. Yet here

00:17:11.640 --> 00:17:14.779
we are in 1850, 70 years earlier, and the federal

00:17:14.779 --> 00:17:16.940
government is recognizing their right to claim

00:17:16.940 --> 00:17:20.779
400 acres of prime real estate in their own name.

00:17:20.910 --> 00:17:24.190
It's wild. And that legal concept carried directly

00:17:24.190 --> 00:17:27.769
into the landmark Homestead Act of 1862. What

00:17:27.769 --> 00:17:29.829
were the specific requirements there? They were

00:17:29.829 --> 00:17:32.269
straightforward. You had to have never borne

00:17:32.269 --> 00:17:34.130
arms against the U .S. government. Which was

00:17:34.130 --> 00:17:36.529
a clause specifically aimed at locking out former

00:17:36.529 --> 00:17:38.349
Confederates, obviously. Exactly. And you had

00:17:38.349 --> 00:17:40.930
to be either 21 years old or the head of a family.

00:17:41.289 --> 00:17:43.990
And the sources explicitly confirm that single

00:17:43.990 --> 00:17:47.759
women widows and deserted wives legally qualified

00:17:47.759 --> 00:17:49.759
under those definitions. They absolutely did.

00:17:49.819 --> 00:17:52.440
They could claim the 160 acres. But I have to

00:17:52.440 --> 00:17:54.059
push back on the political logic here. Okay,

00:17:54.099 --> 00:17:56.279
let's hear it. The entire free soil movement

00:17:56.279 --> 00:18:00.279
was built on the ideal of the virtuous yeoman

00:18:00.279 --> 00:18:04.220
farmer. And that ideal is deeply rooted in a

00:18:04.220 --> 00:18:06.660
traditional patriarchal family structure. You

00:18:06.660 --> 00:18:09.660
know, the father plows the fields, the mother

00:18:09.660 --> 00:18:12.460
tends the hearth, the children labor. The classic

00:18:12.460 --> 00:18:15.859
nuclear family of the 1800s. Exactly. So if that

00:18:15.859 --> 00:18:18.799
was the ideological goal, why write a law that

00:18:18.799 --> 00:18:21.599
empowers single, independent women to build their

00:18:21.599 --> 00:18:24.880
own wealth outside of marriage? It seems entirely

00:18:24.880 --> 00:18:26.779
counterproductive to their social engineering.

00:18:26.980 --> 00:18:29.690
It's an excellent point. And the answer lies

00:18:29.690 --> 00:18:31.970
in the harsh physical mathematics of settling

00:18:31.970 --> 00:18:35.069
the frontier. Okay, explain that. The sheer demographic

00:18:35.069 --> 00:18:37.670
desperation of the federal government simply

00:18:37.670 --> 00:18:41.009
overrode the strict Victorian gender norms of

00:18:41.009 --> 00:18:43.089
the era. Meaning they just needed bodies on the

00:18:43.089 --> 00:18:46.009
ground. Exactly. The government's primary goal

00:18:46.009 --> 00:18:48.670
was to occupy and cultivate these vast western

00:18:48.670 --> 00:18:51.109
territories as quickly as possible. To secure

00:18:51.109 --> 00:18:53.049
them economically and prevent foreign encroachment?

00:18:53.250 --> 00:18:55.509
Right. So if a widow with three children was

00:18:55.509 --> 00:18:58.109
willing to travel to the Dakota Territory, build

00:18:58.109 --> 00:19:01.089
a house out of prairie sod, and cultivate 160

00:19:01.089 --> 00:19:03.269
acres of dirt. The federal government was not

00:19:03.269 --> 00:19:04.750
going to stop her just because she didn't have

00:19:04.750 --> 00:19:08.490
a husband. Survival and expansion trumped patriarchy.

00:19:08.650 --> 00:19:12.289
Period. The necessity of settlement created an

00:19:12.289 --> 00:19:14.970
accidental avenue for liberation. It really did.

00:19:15.470 --> 00:19:17.869
Single women could generate wealth and achieve

00:19:17.869 --> 00:19:20.069
a level of legal and financial independence on

00:19:20.069 --> 00:19:22.990
the plains that was almost entirely unavailable

00:19:22.990 --> 00:19:25.250
to them in the industrialized cities of the East

00:19:25.250 --> 00:19:28.150
Coast. It drastically changes how we should view

00:19:28.150 --> 00:19:30.769
pioneer history. I mean, pop culture usually

00:19:30.769 --> 00:19:33.849
centers the family unit led by a patriarch. Always.

00:19:34.269 --> 00:19:36.569
We all know Laura Ingalls Wilder's Little House

00:19:36.569 --> 00:19:39.299
on the Prairie series focusing on Paw Moving

00:19:39.299 --> 00:19:42.740
the Family or Willa Cather's novels like O Pioneers.

00:19:43.180 --> 00:19:45.420
Right, but while the family unit was certainly

00:19:45.420 --> 00:19:48.160
the most common arrangement, the legal framework

00:19:48.160 --> 00:19:50.599
guaranteed it wasn't the only one. Because women

00:19:50.599 --> 00:19:53.099
were proving up land entirely in their own names,

00:19:53.240 --> 00:19:55.559
acting as the main characters of their own homesteading

00:19:55.559 --> 00:19:58.380
narratives. And doing it successfully. And what's

00:19:58.380 --> 00:20:00.900
truly mind blowing is how long this loophole

00:20:00.900 --> 00:20:03.079
stayed open. Oh, this is a great story. Right.

00:20:03.160 --> 00:20:05.700
This isn't just a quirk of the 1880s. Let me

00:20:05.700 --> 00:20:08.519
introduce you to... Elizabeth Clowsmith, who

00:20:08.519 --> 00:20:11.400
went by Betty. According to the records, Betty

00:20:11.400 --> 00:20:14.500
Clowsmith became the last woman homesteader to

00:20:14.500 --> 00:20:17.519
successfully prove up land in her own name. And

00:20:17.519 --> 00:20:20.140
this took place in Alaska, correct? Yes. She

00:20:20.140 --> 00:20:22.519
was part of a group that filed for homesteads

00:20:22.519 --> 00:20:26.079
west of Big Delta, Alaska. She received her patent

00:20:26.079 --> 00:20:29.539
for a 116 acre claim. And what was the date on

00:20:29.539 --> 00:20:33.559
that patent? October 18th, 1984. 1984. The legal

00:20:33.559 --> 00:20:35.720
mechanism created by Abraham Lincoln during the

00:20:35.720 --> 00:20:38.599
Civil War was still actively empowering women

00:20:38.599 --> 00:20:41.740
to claim wilderness land during the Reagan administration.

00:20:41.930 --> 00:20:44.490
The longevity of the law is just incredible.

00:20:44.509 --> 00:20:47.109
It's unbelievable. And if women found their opportunity

00:20:47.109 --> 00:20:50.089
through the head of household clause, there was

00:20:50.089 --> 00:20:52.430
another massive demographic that used the Homestead

00:20:52.430 --> 00:20:54.789
Acts. Right. Not just to acquire property, but

00:20:54.789 --> 00:20:57.829
to forge a new national identity. Exactly. For

00:20:57.829 --> 00:21:00.150
immigrants, the Homestead Act functioned as a

00:21:00.150 --> 00:21:03.069
powerful, incredibly effective engine for American

00:21:03.069 --> 00:21:05.009
citizenship. Here's where it gets really interesting.

00:21:05.390 --> 00:21:07.650
If you were guessing what the requirements were

00:21:07.650 --> 00:21:09.869
for the 1862 Act, you'd probably assume you had

00:21:09.869 --> 00:21:12.930
to be a United States citizen to receive a massive

00:21:12.930 --> 00:21:15.289
grant of federal land. Which would make sense.

00:21:15.710 --> 00:21:18.569
Right. But you didn't. No, you didn't. The law

00:21:18.569 --> 00:21:21.609
explicitly stated it would give 160 acres of

00:21:21.609 --> 00:21:24.430
surveyed public land to citizens or intended

00:21:24.430 --> 00:21:26.950
citizens. Intended citizens? What are the mechanics

00:21:26.950 --> 00:21:29.289
of that? How do you prove intent? It was remarkably

00:21:29.289 --> 00:21:31.630
simple. You didn't have to pass a civics test.

00:21:31.650 --> 00:21:33.930
OK. You didn't have to speak English and you

00:21:33.930 --> 00:21:36.710
didn't have to wait through a years long probationary

00:21:36.710 --> 00:21:38.869
period. So what did you do? You simply had to

00:21:38.869 --> 00:21:41.490
file a legal declaration stating your intent

00:21:41.490 --> 00:21:44.630
to become a U .S. citizen. Once that piece of

00:21:44.630 --> 00:21:47.289
paper was filed, you were eligible to claim the

00:21:47.289 --> 00:21:50.769
land. It is arguably the greatest marketing campaign

00:21:50.769 --> 00:21:53.390
for global migration in human history. It really

00:21:53.390 --> 00:21:55.130
was. Come to America, say you want to be one

00:21:55.130 --> 00:21:57.210
of us and we will hand you a hundred and sixty

00:21:57.210 --> 00:22:00.559
acre farm. And the global response was monumental.

00:22:00.900 --> 00:22:04.039
It created a wildly diverse mosaic of communities

00:22:04.039 --> 00:22:06.240
popping up across the Great Plains. Because the

00:22:06.240 --> 00:22:08.440
traditional narrative focuses heavily on, you

00:22:08.440 --> 00:22:10.619
know, Scandinavian, German and Irish immigrants.

00:22:10.880 --> 00:22:14.240
Right. But the sources detail several unique,

00:22:14.480 --> 00:22:17.400
less discussed groups drawn by this exact promise.

00:22:17.819 --> 00:22:19.319
This part of the research really surprised me.

00:22:19.480 --> 00:22:21.279
Let's look at the Jewish homesteaders. Yeah,

00:22:21.460 --> 00:22:24.039
the sources note that approximately 1 ,200 Jewish

00:22:24.039 --> 00:22:27.000
immigrants utilized the Homestead Acts to settle

00:22:27.000 --> 00:22:30.599
in North Dakota. Wow. These were largely Russian

00:22:30.599 --> 00:22:33.359
Jews who were fleeing the violent state -sponsored

00:22:33.359 --> 00:22:36.559
pogroms in the Russian Empire. So they are fleeing

00:22:36.559 --> 00:22:40.000
literal persecution and finding a haven in the

00:22:40.000 --> 00:22:42.500
freezing expanse of the Dakota Territory. It's

00:22:42.500 --> 00:22:44.859
a massive culture shock. Do they remain farmers?

00:22:45.180 --> 00:22:48.019
Because I know the transition from Eastern European

00:22:48.019 --> 00:22:51.619
urban life to plains agriculture had to be brutal.

00:22:51.859 --> 00:22:54.240
It was incredibly difficult. The sources indicate

00:22:54.240 --> 00:22:56.339
that while they proved up their claims, many

00:22:56.339 --> 00:22:58.400
of these Jewish homesteaders eventually moved

00:22:58.400 --> 00:23:00.960
to nearby towns. Right. Transitioning back to

00:23:00.960 --> 00:23:03.640
more familiar trades. Yes. But the key is that

00:23:03.640 --> 00:23:06.700
the land provided that crucial initial foothold.

00:23:06.819 --> 00:23:09.099
A foundation. Exactly. It was a foundation of

00:23:09.099 --> 00:23:11.680
equity and safety in a new country that allowed

00:23:11.680 --> 00:23:14.359
them to transition into other trades and businesses.

00:23:14.509 --> 00:23:16.670
It was a springboard. And it wasn't just European

00:23:16.670 --> 00:23:19.009
refugees. The act was pulling people from the

00:23:19.009 --> 00:23:21.910
Middle East as well. We see significant numbers

00:23:21.910 --> 00:23:24.970
of Syro -Lebanese Muslim settlers utilizing the

00:23:24.970 --> 00:23:27.750
act. And where were they settling? They gained

00:23:27.750 --> 00:23:30.890
land, proved up their claims, and created a thriving

00:23:30.890 --> 00:23:33.470
settlement in Ross, North Dakota. And what did

00:23:33.470 --> 00:23:35.410
they build in Ross, North Dakota? The sources

00:23:35.410 --> 00:23:37.710
confirm they eventually founded the first mosque

00:23:37.710 --> 00:23:40.750
in the United States. The very first mosque in

00:23:40.750 --> 00:23:43.789
the United States was built by Muslim homesteaders.

00:23:43.880 --> 00:23:46.920
on the plains of North Dakota. It's such a great

00:23:46.920 --> 00:23:49.380
detail. It completely shatters the homogenous

00:23:49.380 --> 00:23:52.980
image of the West. You have Russian Jews, Middle

00:23:52.980 --> 00:23:55.880
Eastern Muslims, and the forces also highlight

00:23:55.880 --> 00:23:59.440
a strong Hispanic and Latino presence. Yes. The

00:23:59.440 --> 00:24:01.980
frontier saw an influx of Chilean and Mexican

00:24:01.980 --> 00:24:04.799
immigrants claiming land. Alongside U .S.-born

00:24:04.799 --> 00:24:06.759
Latinos who moved north from places like New

00:24:06.759 --> 00:24:09.480
Mexico into Colorado to establish homesteads.

00:24:09.549 --> 00:24:12.029
You had this incredible convergence of cultures,

00:24:12.250 --> 00:24:15.490
religions and languages, all united by this single

00:24:15.490 --> 00:24:18.650
legal mechanism of land ownership and the declaration

00:24:18.650 --> 00:24:21.410
of intended citizenship. But as we've seen throughout

00:24:21.410 --> 00:24:23.750
this deep dive, wherever the government opens

00:24:23.750 --> 00:24:26.529
a door, they usually build a wall somewhere else.

00:24:26.789 --> 00:24:30.089
We have this relatively open policy for European

00:24:30.089 --> 00:24:33.289
Jews, Middle Eastern Muslims and immigrants from

00:24:33.289 --> 00:24:36.549
the Americas. But there was a stark, deliberate

00:24:36.549 --> 00:24:39.700
contrast when it came to immigrants from Asia.

00:24:39.960 --> 00:24:43.200
It is a crucial, racially motivated limitation.

00:24:43.259 --> 00:24:45.619
Right. While all those other groups could legally

00:24:45.619 --> 00:24:48.319
declare their intent to become citizens, the

00:24:48.319 --> 00:24:51.119
sources make it explicitly clear that very few

00:24:51.119 --> 00:24:54.960
homesteaders were Asian during the 1800s. Explain

00:24:54.960 --> 00:24:57.480
the legal mechanics of that, because if the rule

00:24:57.480 --> 00:25:00.200
is simply declare your intent, why couldn't an

00:25:00.200 --> 00:25:02.359
Asian immigrant just sign the same piece of paper?

00:25:02.559 --> 00:25:04.980
because of how the Homestead Act interacted with

00:25:04.980 --> 00:25:07.279
the Naturalization Act. The Naturalization Act

00:25:07.279 --> 00:25:09.339
at the time explicitly denied the possibility

00:25:09.339 --> 00:25:12.400
of citizenship to people of Asian descent. So

00:25:12.400 --> 00:25:14.640
legally speaking, an Asian immigrant could not

00:25:14.640 --> 00:25:17.039
file a declaration of intent to become a citizen

00:25:17.039 --> 00:25:19.799
because federal law forbade them from ever actually

00:25:19.799 --> 00:25:22.769
achieving it. It is a vicious, impenetrable legal

00:25:22.769 --> 00:25:25.670
catch -22. The government says, you can have

00:25:25.670 --> 00:25:28.250
land if you intend to be a citizen, but we've

00:25:28.250 --> 00:25:30.470
passed a separate law stating you are permanently

00:25:30.470 --> 00:25:33.430
ineligible for citizenship, so you get no land.

00:25:33.809 --> 00:25:36.430
Exactly. It was a racial barrier constructed

00:25:36.430 --> 00:25:39.210
entirely out of overlapping paperwork. Which

00:25:39.210 --> 00:25:42.150
effectively barred an entire continent of people

00:25:42.150 --> 00:25:44.450
from participating in the largest wealth transfer

00:25:44.450 --> 00:25:47.160
in American history. But that barrier was eventually

00:25:47.160 --> 00:25:50.980
broken, not by Congress, but by the courts. Walk

00:25:50.980 --> 00:25:53.319
me through the legal breakthrough. The turning

00:25:53.319 --> 00:25:56.660
point was a landmark Supreme Court case in 1898,

00:25:57.000 --> 00:25:59.440
United States v. Wong Kim arc. What were the

00:25:59.440 --> 00:26:01.160
mechanics of that decision? Well, Wonke Mark

00:26:01.160 --> 00:26:03.440
was born in San Francisco to Chinese parents.

00:26:03.720 --> 00:26:05.619
After a trip abroad, he was denied re -entry

00:26:05.619 --> 00:26:07.779
to the U .S. on the grounds that he was not a

00:26:07.779 --> 00:26:10.099
citizen, despite being born there. Okay. The

00:26:10.099 --> 00:26:12.819
Supreme Court ruled in his favor, formally establishing

00:26:12.819 --> 00:26:15.059
the principle of birthright citizenship under

00:26:15.059 --> 00:26:17.819
the 14th Amendment. Meaning, if you were born

00:26:17.819 --> 00:26:20.759
here, you were a citizen. Right. They ruled that

00:26:20.759 --> 00:26:23.220
any child born in the United States to parents

00:26:23.220 --> 00:26:26.039
of foreign descent is a U .S. citizen by birth.

00:26:26.250 --> 00:26:28.930
regardless of their parents' race or eligibility

00:26:28.930 --> 00:26:31.410
for naturalization. And how does that ruling

00:26:31.410 --> 00:26:35.130
interact with the Homestead Acts? Well, by affirming

00:26:35.130 --> 00:26:38.049
birthright citizenship, the Supreme Court instantly

00:26:38.049 --> 00:26:40.650
bypassed the Naturalization Act barrier for the

00:26:40.650 --> 00:26:42.549
next generation. Because they didn't need to

00:26:42.549 --> 00:26:44.990
declare intent. They already were citizens. Exactly.

00:26:45.230 --> 00:26:47.589
The sources note that the Wong Kim Ark decision

00:26:47.589 --> 00:26:50.490
finally opened the Homestead Acts to Asian Americans.

00:26:51.109 --> 00:26:53.250
Because they were now recognized as full citizens

00:26:53.250 --> 00:26:55.990
from birth, they were fully eligible to claim

00:26:55.990 --> 00:26:59.069
public land just like anyone else. It perfectly

00:26:59.069 --> 00:27:02.069
illustrates how inextricably linked property

00:27:02.069 --> 00:27:04.809
rights and citizenship truly were. You could

00:27:04.809 --> 00:27:07.109
not have one without the other. No, you couldn't!

00:27:07.289 --> 00:27:09.430
Which brings us to perhaps the most complex,

00:27:09.589 --> 00:27:12.130
heartbreaking intersection of property and identity

00:27:12.130 --> 00:27:15.079
in this entire narrative. Yes. We've explored

00:27:15.079 --> 00:27:17.319
how immigrants fought for inclusion in the Homestead

00:27:17.319 --> 00:27:20.160
Acts. This raises an important question. How

00:27:20.160 --> 00:27:22.680
did the original inhabitants of the land navigate

00:27:22.680 --> 00:27:25.500
a legal system that was quite literally engineered

00:27:25.500 --> 00:27:27.640
to replace them? Right. We know the original

00:27:27.640 --> 00:27:31.140
1862 Act excluded Native Americans entirely because

00:27:31.140 --> 00:27:33.619
they were not considered citizens. Correct. But

00:27:33.619 --> 00:27:36.460
Congress eventually realized they needed a legal

00:27:36.460 --> 00:27:39.140
framework to manage the indigenous populations

00:27:39.140 --> 00:27:41.359
who were being pushed off their lands. So they

00:27:41.359 --> 00:27:44.319
passed the Indian Homestead Act in 1875. And

00:27:44.319 --> 00:27:48.119
on the surface, much like the 1866 Act for Black

00:27:48.119 --> 00:27:51.369
Americans, the The 1875 Act sounds like an expansion

00:27:51.369 --> 00:27:54.089
of rights. On the surface, sure. It gave Native

00:27:54.089 --> 00:27:57.170
family heads the opportunity to purchase homesteads

00:27:57.170 --> 00:28:00.730
from the public domain. But there was a cruel,

00:28:01.150 --> 00:28:03.450
deeply assimilative condition attached to it.

00:28:03.730 --> 00:28:05.250
Explain the catch. What was the requirement?

00:28:05.390 --> 00:28:08.470
To qualify for a homestead under the 1875 Act,

00:28:08.930 --> 00:28:11.490
a Native American applicant had to explicitly,

00:28:11.750 --> 00:28:14.690
legally relinquish their tribal identity and

00:28:14.690 --> 00:28:17.009
relations. Wow. Let that reality sink in for

00:28:17.009 --> 00:28:19.049
a moment. It's hard to process. Compare the experiences.

00:28:19.410 --> 00:28:21.710
A European immigrant arrives, signs a paper saying

00:28:21.710 --> 00:28:24.130
they intend to be a citizen, and they get 160

00:28:24.130 --> 00:28:26.170
acres. They get to keep their language, their

00:28:26.170 --> 00:28:28.730
religion, their culture. They can build a mosque

00:28:28.730 --> 00:28:31.930
in North Dakota. Exactly. But a Native American,

00:28:32.390 --> 00:28:34.490
whose ancestors have lived on the continent for

00:28:34.490 --> 00:28:37.450
millennia, is told they must legally renounce

00:28:37.450 --> 00:28:39.869
who they are. They must renounce their family,

00:28:40.170 --> 00:28:42.730
their tribal nation, and their heritage. Just

00:28:42.730 --> 00:28:45.730
for the opportunity to buy back a microscopic

00:28:45.730 --> 00:28:48.970
160 -acre fraction of the land that was violently

00:28:48.970 --> 00:28:51.150
taken from them in the first place. It is the

00:28:51.150 --> 00:28:53.950
ultimate forced assimilation policy codified

00:28:53.950 --> 00:28:56.779
directly into property law. The government was

00:28:56.779 --> 00:28:59.759
using land as a weapon to eradicate indigenous

00:28:59.759 --> 00:29:02.480
culture. And beyond the profound emotional and

00:29:02.480 --> 00:29:05.319
cultural toll, the system was rigged with severe

00:29:05.319 --> 00:29:08.019
financial mechanics designed to ensure failure,

00:29:08.160 --> 00:29:10.160
wasn't it? Oh, absolutely. Let's break down those

00:29:10.160 --> 00:29:12.200
financial mechanics. What did it cost a white

00:29:12.200 --> 00:29:14.819
settler to homestead? For a white settler under

00:29:14.819 --> 00:29:17.720
the 1862 Act, the financial burden was designed

00:29:17.720 --> 00:29:20.920
to be minimal. You paid a $10 filing fee, lived

00:29:20.920 --> 00:29:23.900
on the land for five years, paid another $8 final

00:29:23.900 --> 00:29:27.599
fee, and the 160 acres was yours. $18 total.

00:29:27.880 --> 00:29:30.380
Yep. But for a Native American applicant under

00:29:30.380 --> 00:29:33.500
the 1875 Act... What was it for them? The U .S.

00:29:33.500 --> 00:29:36.259
government flatly refused to issue fee waivers

00:29:36.259 --> 00:29:38.420
for Native Americans. Even though they had been

00:29:38.420 --> 00:29:40.619
displaced and impoverished by the government

00:29:40.619 --> 00:29:43.759
itself. Exactly. Many of these applicants were

00:29:43.759 --> 00:29:46.559
non -reservation natives living in extreme poverty

00:29:46.559 --> 00:29:49.220
caused by that displacement. They simply could

00:29:49.220 --> 00:29:51.839
not afford the filing fees to claim the homesteads.

00:29:51.880 --> 00:29:54.220
So even if you were desperate enough to renounce

00:29:54.220 --> 00:29:56.720
your tribal identity to secure a future for your

00:29:56.720 --> 00:30:00.039
family, you were priced out by a government refusing

00:30:00.039 --> 00:30:03.029
to waive a $10 fee. And if you Somehow found

00:30:03.029 --> 00:30:05.710
the money, you faced a bureaucratic nightmare.

00:30:06.049 --> 00:30:09.109
Of course. Access to homesteads was chronically

00:30:09.109 --> 00:30:12.170
complicated by constant delays. Our sources point

00:30:12.170 --> 00:30:14.849
out that this was largely due to deep discord

00:30:14.849 --> 00:30:17.589
and infighting between two federal agencies.

00:30:17.710 --> 00:30:19.869
Which agencies? The U .S. Land Office and the

00:30:19.869 --> 00:30:23.289
Bureau of Indian Affairs. You have two government

00:30:23.289 --> 00:30:25.970
agencies fighting over jurisdiction, and the

00:30:25.970 --> 00:30:27.769
Native applicant's paperwork is just sitting

00:30:27.769 --> 00:30:30.809
on a desk gathering dust. Exactly. And while

00:30:30.809 --> 00:30:32.910
the native claims were stuck in bureaucratic

00:30:32.910 --> 00:30:36.329
limbo, it made it incredibly easy for white settlers

00:30:36.329 --> 00:30:38.970
to move in and finalize their claims on the exact

00:30:38.970 --> 00:30:42.289
same land. So the system was functionally designed

00:30:42.289 --> 00:30:45.130
to fail the indigenous applicant. 100 percent.

00:30:45.329 --> 00:30:47.769
But the federal government didn't just use homestead

00:30:47.769 --> 00:30:51.089
laws to deny Native Americans land. They used

00:30:51.089 --> 00:30:54.369
it as a strategic tool to permanently alter the

00:30:54.369 --> 00:30:57.049
geopolitical map well into the 20th century.

00:30:57.309 --> 00:30:59.690
Yes. This involves a phenomenon the sources call

00:30:59.690 --> 00:31:03.170
late homesteading. What does that mean in a strategic

00:31:03.170 --> 00:31:06.069
context? Well, by the early 1900s, the American

00:31:06.069 --> 00:31:08.690
frontier was largely considered closed. Right,

00:31:08.730 --> 00:31:10.809
the prime agricultural land was gone. But the

00:31:10.809 --> 00:31:13.230
U .S. government continued to actively encourage

00:31:13.230 --> 00:31:16.890
homesteading in specific contested areas as an

00:31:16.890 --> 00:31:19.849
indirect de facto way to secure dispossessed

00:31:19.849 --> 00:31:22.029
land. Secure it against whom? Against indigenous

00:31:22.029 --> 00:31:24.410
tribes attempting to reclaim it or maintain their

00:31:24.410 --> 00:31:26.849
traditional practices. Oh, wow. The government

00:31:26.849 --> 00:31:29.269
knew that if they fled at a contested area with

00:31:29.269 --> 00:31:31.529
white homesteaders and handed out legal titles,

00:31:31.690 --> 00:31:34.930
it created a permanent physical barrier. By allowing

00:31:34.930 --> 00:31:37.750
late homesteading, they were actively solidifying

00:31:37.750 --> 00:31:40.210
settlements to disrupt tribal land practices.

00:31:40.329 --> 00:31:42.869
And insulate the government from legal backlash

00:31:42.869 --> 00:31:46.109
or tribal reclamation efforts. It is weaponized

00:31:46.109 --> 00:31:49.509
real estate. You use your own citizens as a demographic

00:31:49.509 --> 00:31:52.730
buffer to permanently lock in the dispossession.

00:31:52.930 --> 00:31:54.890
It proves that the Homestead Acts weren't just

00:31:54.890 --> 00:31:58.130
an agricultural program. They were a primary

00:31:58.130 --> 00:32:01.880
aggressive tool of statecraft. And speaking of

00:32:01.880 --> 00:32:04.680
that agricultural program, as this incredible

00:32:04.680 --> 00:32:07.500
diverse mosaic of settlers rushed to claim the

00:32:07.500 --> 00:32:10.559
land, they ran into a massive physical problem.

00:32:10.759 --> 00:32:13.119
The geography of the available land was changing

00:32:13.119 --> 00:32:16.339
drastically. Because by the early 1900s, the

00:32:16.339 --> 00:32:19.299
prime real estate, the low -lying, fertile alluvial

00:32:19.299 --> 00:32:21.559
land along the rivers in the Midwest... had all

00:32:21.559 --> 00:32:23.980
been claimed. Right. The 160 -acre model worked

00:32:23.980 --> 00:32:26.460
beautifully in Ohio or eastern Kansas where it

00:32:26.460 --> 00:32:28.680
rains. But as the settlement engine pushed further

00:32:28.680 --> 00:32:31.759
west into the arid Great Plains, 160 acres was

00:32:31.759 --> 00:32:34.460
a death sentence. It wasn't enough land to support

00:32:34.460 --> 00:32:36.859
a family using traditional farming methods. Congress

00:32:36.859 --> 00:32:39.359
recognized this ecological reality and realized

00:32:39.359 --> 00:32:42.019
they had to alter the deal. To keep the machine

00:32:42.019 --> 00:32:44.779
of westward expansion running. Exactly. They

00:32:44.779 --> 00:32:47.640
had to push homesteaders into increasingly marginal,

00:32:47.819 --> 00:32:50.440
dangerous environments. And they did this by

00:32:50.440 --> 00:32:53.099
passing a series of amendments to increase the

00:32:53.099 --> 00:32:55.059
acreage. Doing the mechanics of those amendments.

00:32:55.220 --> 00:32:58.380
Okay, so in 1904, Congress passed the Kincaid

00:32:58.380 --> 00:33:00.500
Act. And what did that do? This was targeted

00:33:00.500 --> 00:33:03.180
specifically at the sand hills of north central

00:33:03.180 --> 00:33:05.980
Nebraska, which is an incredibly fragile ecosystem.

00:33:06.680 --> 00:33:09.660
The Kincaid Act granted massive homestead tracks

00:33:09.660 --> 00:33:13.140
up to 640 acres. Four times the original amount.

00:33:13.299 --> 00:33:15.779
Right. Recognizing that the soil was so poor,

00:33:15.859 --> 00:33:17.980
you needed vast amounts of it just to survive.

00:33:18.119 --> 00:33:21.440
And then what? In 2009, they passed the Enlarged

00:33:21.440 --> 00:33:24.619
Homestead Act. This was aimed at enabling dry

00:33:24.619 --> 00:33:27.220
land farming on marginal lands across the Great

00:33:27.220 --> 00:33:29.519
Plains that couldn't be irrigated. How much land

00:33:29.519 --> 00:33:31.880
did that give? It increased the standard homestead

00:33:31.880 --> 00:33:35.799
from 160 to 320 acres. They are essentially trying

00:33:35.799 --> 00:33:38.700
to bribe people to farm the desert. It's like,

00:33:38.700 --> 00:33:41.160
um... It's like a developer selling off all the

00:33:41.160 --> 00:33:43.440
luxury waterfront properties. And when they run

00:33:43.440 --> 00:33:45.619
out, they try to sell you a plot and a toxic

00:33:45.619 --> 00:33:47.640
swamp by telling you it's a great deal because

00:33:47.640 --> 00:33:49.640
they'll give you twice as much swamp. That is

00:33:49.640 --> 00:33:52.160
exactly what it was. It was a recipe for disaster.

00:33:52.240 --> 00:33:54.240
And there were earlier acts, too, right? Yeah,

00:33:54.240 --> 00:33:57.140
like the Stock Raising Homestead Act of 1916

00:33:57.140 --> 00:34:01.319
granting 640 acres for ranching and the Timber

00:34:01.319 --> 00:34:04.660
Culture Act of 1873. What was the Timber Culture

00:34:04.660 --> 00:34:07.940
Act? It gave 160 acres to anyone who promised

00:34:07.940 --> 00:34:10.889
to plant trees. in a bizarre attempt to artificially

00:34:10.889 --> 00:34:13.170
change the climate of the Plains. They truly

00:34:13.170 --> 00:34:16.050
believed that rain follows the plow, that if

00:34:16.050 --> 00:34:18.510
you just keep farming, the climate will magically

00:34:18.510 --> 00:34:20.570
accommodate you. They really did. But let's look

00:34:20.570 --> 00:34:22.750
at the actual ecological mechanics of what happens

00:34:22.750 --> 00:34:25.250
when you push thousands of farmers onto the Great

00:34:25.250 --> 00:34:28.030
Plains with the enlarged homestead act of 1909.

00:34:28.230 --> 00:34:31.010
The sources are clear on the catastrophic sequence

00:34:31.010 --> 00:34:34.130
of events here. Right. The 1909 Act led to a

00:34:34.130 --> 00:34:36.769
massive influx of new, inexperienced farmers

00:34:36.769 --> 00:34:39.949
onto the plains. They accepted these 320 acre

00:34:39.949 --> 00:34:42.969
tracts of marginal dry land and they brought

00:34:42.969 --> 00:34:45.010
their traditional farming techniques with them.

00:34:45.150 --> 00:34:47.429
And those techniques involved heavy steel plows.

00:34:48.550 --> 00:34:50.510
I want to use an analogy to explain why this

00:34:50.510 --> 00:34:53.050
was so devastating. Go for it. Think about a

00:34:53.050 --> 00:34:57.110
concrete wall. On its own, concrete is brittle.

00:34:57.440 --> 00:35:00.119
What gives a concrete wall its structural integrity

00:35:00.119 --> 00:35:02.980
is the hidden grid of steel rebar inside it.

00:35:03.199 --> 00:35:06.059
Right, the reinforcement. Exactly. The Great

00:35:06.059 --> 00:35:09.559
Plains had its own natural rebar. The incredibly

00:35:09.559 --> 00:35:12.860
deep, dense root systems of the native prairie

00:35:12.860 --> 00:35:15.400
grasses. Those roots had evolved over thousands

00:35:15.400 --> 00:35:18.320
of years to hold the topsoil down against the

00:35:18.320 --> 00:35:20.440
fierce prairie winds. And then the homesteaders

00:35:20.440 --> 00:35:23.050
arrived. They combined a total misunderstanding

00:35:23.050 --> 00:35:25.969
of that delicate ecology with highly inappropriate

00:35:25.969 --> 00:35:28.269
cultivation techniques. They used those steel

00:35:28.269 --> 00:35:30.949
plows to rip up millions of acres of prairie

00:35:30.949 --> 00:35:33.210
grass. They sliced right through the rebar. The

00:35:33.210 --> 00:35:34.969
topsoil looked fine for a few years while the

00:35:34.969 --> 00:35:37.150
rain lasted, but they had completely destroyed

00:35:37.150 --> 00:35:39.409
the structural integrity of the land. So when

00:35:39.409 --> 00:35:42.050
the inevitable severe drought hit in the 1930s,

00:35:42.070 --> 00:35:44.130
there was absolutely nothing holding the earth

00:35:44.130 --> 00:35:47.429
down. Nothing. The sources directly connect the

00:35:47.429 --> 00:35:49.849
influx of homesteaders driven by the enlarged

00:35:49.849 --> 00:35:53.289
Homestead Act to immense land erosion, which

00:35:53.289 --> 00:35:56.710
culminated in one of the greatest man -made ecological

00:35:56.710 --> 00:35:59.869
disasters in human history. The Dust Bowl. The

00:35:59.869 --> 00:36:03.329
Dust Bowl. The soil simply turned to powder and

00:36:03.329 --> 00:36:06.090
blew away in storms that literally blacked out

00:36:06.090 --> 00:36:08.769
the sun all the way to the East Coast. It was

00:36:08.769 --> 00:36:10.889
terrifying. The government gave away the land,

00:36:10.929 --> 00:36:13.829
but they fundamentally misunderstood the physics

00:36:13.829 --> 00:36:16.170
of the environment and the homesteaders paid

00:36:16.170 --> 00:36:18.730
the price. Did the Dust Bowl put an end to the

00:36:18.730 --> 00:36:22.210
Homestead Acts? It slowed the agricultural distribution

00:36:22.210 --> 00:36:25.010
massively, but the concept of homesteading didn't

00:36:25.010 --> 00:36:27.510
die. Really? Yeah, during the Great Depression

00:36:27.510 --> 00:36:29.909
there was actually a renewed interest in a different

00:36:29.909 --> 00:36:32.710
kind of land distribution under Franklin D. Roosevelt's

00:36:32.710 --> 00:36:35.449
New Deal. How do you homestead during the Depression

00:36:35.449 --> 00:36:38.170
if farming the plains is a failure? You change

00:36:38.170 --> 00:36:40.949
the scale. Okay. The government implemented programs

00:36:40.949 --> 00:36:44.010
for subsistence homesteading. A key piece of

00:36:44.010 --> 00:36:47.250
this was the Small Tract Act of 1938. What were

00:36:47.250 --> 00:36:49.360
the mechanics of the Small Tract Act? It allowed

00:36:49.360 --> 00:36:52.079
citizens to obtain much smaller pieces of federal

00:36:52.079 --> 00:36:55.179
land, usually not larger than five acres. Five

00:36:55.179 --> 00:36:59.639
acres. That is a massive shift from the 640 acres

00:36:59.639 --> 00:37:02.599
of the Kincaid Act. It was a totally different

00:37:02.599 --> 00:37:05.119
philosophy. It wasn't meant for massive commercial

00:37:05.119 --> 00:37:08.019
farming. It was designed for residents, recreation

00:37:08.019 --> 00:37:10.619
or small business purposes. So what did you have

00:37:10.619 --> 00:37:12.960
to do to prove it up? To prove up a small tract

00:37:12.960 --> 00:37:15.400
claim, you had to improve the property by building

00:37:15.400 --> 00:37:18.590
a structure. By 1955, the government required

00:37:18.590 --> 00:37:21.750
a minimum 400 square foot building. OK, so like

00:37:21.750 --> 00:37:24.869
a cabin. Exactly. In places like the Moravi Desert

00:37:24.869 --> 00:37:27.510
in California, these became known as Jackrabbit

00:37:27.510 --> 00:37:30.090
homesteads. Jackrabbit homestead? Yeah. It was

00:37:30.090 --> 00:37:32.489
a way for regular working class citizens from

00:37:32.489 --> 00:37:35.429
places like Los Angeles to get a tiny piece of

00:37:35.429 --> 00:37:38.250
the public domain, often building quirky weekend

00:37:38.250 --> 00:37:40.329
cabins. But eventually the federal government

00:37:40.329 --> 00:37:42.329
decides it needs to stop giving away the country.

00:37:42.489 --> 00:37:44.809
When does the book finally close on the Homestead

00:37:44.809 --> 00:37:47.690
Acts? The official end comes in 1976. Congress

00:37:47.690 --> 00:37:49.630
passed the Federal Land Policy and Management

00:37:49.630 --> 00:37:53.010
Act, or the FLPMA. What was the political shift

00:37:53.010 --> 00:37:57.110
that drove the FLPMA? Well, by 1976, the environmental

00:37:57.110 --> 00:37:59.570
movement was in full swing and federal policy

00:37:59.570 --> 00:38:01.949
had fundamentally changed. They realized they

00:38:01.949 --> 00:38:04.570
needed to protect the land. Exactly. The government

00:38:04.570 --> 00:38:06.849
no longer wanted to dispose of the public domain.

00:38:07.150 --> 00:38:09.570
They wanted to retain control of the remaining

00:38:09.570 --> 00:38:12.829
western public lands for conservation, recreation

00:38:12.829 --> 00:38:16.110
and managed resource extraction. So the FLPMA

00:38:16.429 --> 00:38:19.090
officially repealed the Homestead Acts in the

00:38:19.090 --> 00:38:21.329
contiguous United States. In the contiguous US,

00:38:21.530 --> 00:38:24.550
yes, meaning there was one final exception. Ah,

00:38:24.929 --> 00:38:27.750
Alaska. Yes. The law allowed homesteading to

00:38:27.750 --> 00:38:30.710
continue in the vast, unsettled expanses of Alaska

00:38:30.710 --> 00:38:34.650
for another decade, until 1986. Which brings

00:38:34.650 --> 00:38:37.739
us to the very end of the timeline. passed to

00:38:37.739 --> 00:38:40.340
Betty Clow Smith in 1984, all the way to the

00:38:40.340 --> 00:38:42.380
very last homesteader in American history. His

00:38:42.380 --> 00:38:45.099
name was Ken Deardorff. Ken Deardorff. According

00:38:45.099 --> 00:38:47.380
to the records, Ken made a claim for 80 acres

00:38:47.380 --> 00:38:49.920
of land on the Stony River in southwestern Alaska.

00:38:50.139 --> 00:38:52.300
He lived there, he built his cabin, he fought

00:38:52.300 --> 00:38:54.559
the brutal Alaskan winters. And he fulfilled

00:38:54.559 --> 00:38:56.360
all the rigorous requirements of the Homestead

00:38:56.360 --> 00:38:59.139
Act in 1979. But the federal bureaucracy moves

00:38:59.139 --> 00:39:02.420
at its own pace. It certainly does. Despite fulfilling

00:39:02.420 --> 00:39:05.739
the requirements in 1979, the paperwork was delayed

00:39:05.739 --> 00:39:08.739
for nearly a decade. Unbelievable. Ken Deirdorf

00:39:08.739 --> 00:39:10.860
didn't actually receive his official deed until

00:39:10.860 --> 00:39:14.780
May of 1988. He holds the historical title as

00:39:14.780 --> 00:39:17.260
the last person ever to receive a land patent

00:39:17.260 --> 00:39:20.519
under the Homestead Act. That's wild. From Daniel

00:39:20.519 --> 00:39:22.239
Freeman, the very first claimant in Nebraska

00:39:22.239 --> 00:39:26.559
in 1863, to Ken Deirdorf in Alaska in 1988, a

00:39:26.559 --> 00:39:29.960
125 -year experiment and giving away a continent.

00:39:30.170 --> 00:39:32.829
If we connect this to the bigger picture... The

00:39:32.829 --> 00:39:35.829
legacy of that 125 year experiment is almost

00:39:35.829 --> 00:39:38.349
unfathomable in its demographic scale. Give me

00:39:38.349 --> 00:39:41.050
the final number. What is the legacy? As of 2017,

00:39:41.369 --> 00:39:43.789
the sources calculate that around 93 million

00:39:43.789 --> 00:39:46.269
living Americans are direct descendants of people

00:39:46.269 --> 00:39:48.230
who received land through the Homestead Acts.

00:39:48.449 --> 00:39:51.369
93 million people. Yes. So what does this all

00:39:51.369 --> 00:39:53.369
mean? We've been unpacking this for an hour,

00:39:53.369 --> 00:39:55.630
diving into the deep end of the historical mechanisms.

00:39:56.150 --> 00:39:57.929
And we've seen that the Homestead Acts weren't

00:39:57.929 --> 00:40:00.510
just a simple, benevolent giveaway to a homogenous

00:40:00.510 --> 00:40:03.139
group of plucky farmers. covered wagons. Not

00:40:03.139 --> 00:40:06.480
at all. It was a vastly complex deeply flawed

00:40:06.480 --> 00:40:09.599
and highly engineered mechanism of wealth generation

00:40:09.599 --> 00:40:13.079
and demographic control. It was a law that empowered

00:40:13.079 --> 00:40:15.340
single women to claim true independence on the

00:40:15.340 --> 00:40:18.840
frontier. It provided a literal physical refuge

00:40:18.840 --> 00:40:22.280
for Russian Jews fleeing violence and Middle

00:40:22.280 --> 00:40:24.800
Eastern Muslims who built the first mosque in

00:40:24.800 --> 00:40:27.619
America. It offered a brutal, obstacle -ridden,

00:40:27.699 --> 00:40:30.300
but ultimately successful path to land ownership

00:40:30.300 --> 00:40:34.039
for one quarter of Black Southern farmers trying

00:40:34.039 --> 00:40:37.409
to build a life post -slavery. But we must weigh

00:40:37.409 --> 00:40:39.710
all of that against the overarching cost. We

00:40:39.710 --> 00:40:42.530
have to. It achieved all of this while simultaneously

00:40:42.530 --> 00:40:45.989
and systematically disenfranchising Native Americans,

00:40:46.289 --> 00:40:48.489
forcing them to abandon their tribal identities

00:40:48.489 --> 00:40:51.190
for a fraction of their ancestral homes. Locking

00:40:51.190 --> 00:40:53.409
Asian Americans through naturalization loopholes.

00:40:53.530 --> 00:40:56.289
And pushing desperate settlers into ecological

00:40:56.289 --> 00:40:58.710
disasters like the Dust Bowl. It is the ultimate

00:40:58.710 --> 00:41:02.269
American paradox wrapped up in 160 acre parcels.

00:41:02.409 --> 00:41:05.079
So I want to leave you the listener. with one

00:41:05.079 --> 00:41:07.380
final provocative thought to mull over. A thought

00:41:07.380 --> 00:41:09.179
that builds on everything we've just discussed.

00:41:09.440 --> 00:41:11.340
Think back to that painting we started with.

00:41:12.260 --> 00:41:15.500
The pioneer family, the golden wheat, the clean

00:41:15.500 --> 00:41:18.360
image. We've cracked that painting wide open

00:41:18.360 --> 00:41:21.880
today. We know the reality was infinitely more

00:41:21.880 --> 00:41:25.340
complex. But consider the math. If 93 million

00:41:25.340 --> 00:41:27.719
Americans, more than a quarter of the entire

00:41:27.719 --> 00:41:30.139
population of the country today, are descendants

00:41:30.139 --> 00:41:32.920
of homesteaders, they are the direct inheritors

00:41:32.920 --> 00:41:36.019
of the generational wealth. The geographic stability

00:41:36.019 --> 00:41:39.300
and the social mobility generated by this massive

00:41:39.300 --> 00:41:42.840
10 % land giveaway. When you consider the specific

00:41:42.840 --> 00:41:45.579
deliberate hurdles we've discussed, the naturalization

00:41:45.579 --> 00:41:48.039
laws blocking Asian immigrants, the lack of fee

00:41:48.039 --> 00:41:50.579
waivers and forced assimilation for Native Americans,

00:41:51.260 --> 00:41:53.679
the bureaucratic inertia and lack of capital

00:41:53.679 --> 00:41:56.199
hindering black tenant farmers trying to access

00:41:56.199 --> 00:41:59.280
that exact same free land. You have to ask yourself

00:41:59.280 --> 00:42:01.639
a very difficult question. It's the most important

00:42:01.639 --> 00:42:03.780
question. How much of the modern American map

00:42:03.780 --> 00:42:07.139
of wealth, opportunity, and inequality was permanently

00:42:07.139 --> 00:42:09.119
drawn by the fine print of the Homestead Acts?

00:42:09.440 --> 00:42:11.820
It's a question that the history of the frontier

00:42:11.820 --> 00:42:14.480
demands we ask. Thanks for joining us on this

00:42:14.480 --> 00:42:16.199
deep dive. Keep asking questions.
