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Note: 1. Marriage Bond - Campbell Co. - to Matilda Arnold, daughter of John Arnold - 3/25/1822. Permission: John Arnold. Surety: Garnett Lee and Burwell Lee, Jr. Wit: Robert Austin
2. Marriage Bond - Bedford Co. - to Elizabeth S. Purcell, daughter of Thomas Purcell - Marriage Bonds Book 1, p. 26 - 11/27/1843
3. Marriage Bond - Pitt Co. Marriage Bonds Book 1, page 196 - marriage to Mildred Doyle - 10/12/1857
4. Lynchburg Virginia TriWeekly 10/19/1857 - MARRIED - By the Rev. M. E. Andrews, at 10 o'clock A.M. on the 13th October at the residence of the bride in Pittsylvania Co. Capt. Burwell Lee, Esq., of Leesville, Campbell Co. to Mrs. Mildred Doyle, of the former place. (Note: the former Mildred Dillard, see Deeds)
5. Obituary - Matilda Lee - 4/4/1843 - Lynchburg Virginia, P3 C3
"Matilda Lee, wife of Capt. Burwell Lee of Leesville, Campbell County, died 15 Mar 1843 age 41 years 3 months leaving 7 children . . ."
6. Will of Permelia G. Lee - 1/84/1841 - Campbell Co.
Probate: 4/14/1841 - "to brother, Burwell Lee" 7. Will of Tabitha Lee - 12/22/1842 Probate: 2/8/1847
Campbell Co. - WB 9, p. 560 - "to brother, Burwell Lee" 8. Division of Estate of Burwell Lee, Sr. - Campbell Co.
2/13/1826 - WB 5, p. 256 - "received Lot of land No. 1 - 32 3/4 acres and Lot 38, Leesville, plus negroes Daniel and Eliza
33. Bedford Co. DB 20, p. 267 6/25/1827 Rec: 6/25/1827
David W. Quarles and James Lancaster, Commissioners to James Anthony - in Chancery - Plaintiffs - Burwell Lee, John Lee, Richard H. Lee, joint heirs and devisees of John Lee, deceased and heirs of Burwell Lee (he having departed this life pending this suit) - Burwell Lee, Beverly Arnold and Susan G., his wife, Ann Lee, James Anthony and Patsy his wife, Permelia G. Lee, William A. Lee, Jane W. Lee, Doshia A. Lee (William, Jane and Doshia, infants under 21) vs. Rebecca Lee, relict of Beverly Lee,
deceased, Street Hale and Tabitha his wife, William Lee, Grace G. Lee, Elizabeth Lee, Richard Lee, John Lee and Beverly G. Lee (last two of whom are infants under 21) 2 tracts - 250 and 190 acres - said tract devised by John Lee, Sr. to five sons - Burwell, Beverly, John and Richard H. - tract of John Overstreet - James Anthony - purchaser - 177 1/2 acres
10. Campbell Co. - DB 16, page 137 8/24/1827 Rec: 1/14/1828 - $25
- Burwell and Matilda to Shelly Lee - Lot 38
Leesville (Note: This lot questionable ownership - it was also sold to R HL by Lee exec's.)
11. Campbell Co. DB 16, p. 137 8/24/1827
Burwell Lee and Matilda of Campbell Co. to Shelley Lee of Campbell C o. - $25 - Lot 38, Leesville.
12. Campbell Co. DB 17, p. 365 3/5/1830 Rec: 3/8/1830
Burwell Lee and Matilda to Thomas Callaway - $600 - 32 1/4 acres - Lines: Pamelia Lee, Tabitha Lee, Persell, Anderson
13. Campbell Co. DB 18, p. 418 4/7/1832 Rec: 4/9/1832
Caleb Witt and Jane his wife of Bedford Co. - $150 - all interest in dower land of Ann Lee.
32. Campbell Co. DB 19 p. 4 9/24/1832 Rec: 10/8/1832
William A. Lee and Mildred his wife to Burwell Lee - $450 - 44 acres. 14. Campbell Co. - DB 19, page 5 6/28/1832 Rec: 10/8/1832
James Anthony and Patsy his wife of Bedford Co., John Anderson and Nancy, his wife of Bedford County to Burwell Lee, interest in dower land of Ann Lee, widow of Burwell Lee - release of their dower rights of widow of Burwell Lee
15. Campbell Co. - DB 19, p. 4 9/24/1832 Rec: 10/8/1832
William A. Lee and Mildred, his wife to Burwell Lee - 44 acres N side of Leesville Rd. $450 Campbell Co. - $25 - Lot 38, Leesville.
16. Campbell Co. DB 19, p. 83 2/7/1833 Rec: 2/11/1833
Isaac Wilson and Doshia his wife to Burwell Lee of Campbell Co. - $370 - 30 acres.
34. Campbell Co. DB 21, p. 91 2/15/1837 Rec: 3/13/1837
Burwell Lee and Beverly Arnold to Daniel H. Brown - $1100 - 550 acres from Estate of John Arnold. Lines: All pointers
18. Bedford Co. - DB 28 P. 119 9/17/1838 Rec: 9/17/1838
Rebecca Lee, Stephen Lee, Gracey G. Lee, Elizabeth S. Lee, Richard A. Lee and Mary Jane his wife, John B. Lee, all of Bedford to Burwell Lee and Beverly Arnold - $1500 - 766 acres Buffalo Creek - property John Lee, deceased, bought of Leftwich, Lucy Pratt, Thomas Halley - two tracts left to Beverly and Stephen Lee.
35. Campbell Co. DB 24, p. 293 9/2/1842 Rec: 9/3/1842
Burwell Lee and Matilda to Carolus G. Terry - $60 - four acres in Town of Leesville.
19. Campbell Co. DB 24, p. 293 9/2/1842 Rec: 9/3/1842
Burwell Lee and Matilda to Carolus G. Terry - $60 - four acres in Town of Leesville.
20. Campbell Co. - DB 24, page 292 9/2/1842 Rec: 9/3/1842
Beverly Arnold and Susan G., his wife and Tabitha Lee of the first part and Burwell Lee, party of the 2nd part - $350 - interest in dower land of Ann Lee, widow of Burwell Lee.
21. Chancery Suit-Bedford Co. Book 3, page 527, 7/3/1843
William A. Lee who sues for the benefit of Burwell Lee v. David W. Quarles and Mary B. Lee, Edmund A. Lee, John A. Lee, James I. Lee, Mary V. Lee and Francis W. Lee v. John B. Lee, Richard A. Lee, Gracey G. Lee, Elizabeth L. Lee, Martin Johnson, Joseph Burnett, William A. Lee, Burwell Lee, Beverly
Arnold, Robert F. Gaines and David W. Quarles, Plaintiffs waiving and abandoning all claims in their bill.
22. Campbell Co. - DB 27, page 55 - 10/21/1847 Rec:
11/8/1847 - Burwell Lee to Sally Anderson - Waters of Staunton bounded by estate of John Anderson, estate of Stephen P. Smith, Thomas Leftwich and others, it being the same land conveyed to Burwell Lee by Carolus G. Terry by deed dated 10/14/1846 - 155 acres - $220
23. Pittsylvania Co. DB 51, p. 334 8/18/1848 Rec: 10/25/1848
Burwell Lee, trustee - Archibald Haley and John Smith - Deed of Trust dated 7/22/1844 on "The Pocket" 537 acres.
24. Campbell Co. - DB 28, p. 122 3/9/1850 Rec: 3/11/1850
Burwell and Elizabeth, William A., and Mildred A., to Littleberry Moon, Samuel C. Tardy, Morton Pannell, Jr., Thomas Leftwich, Abner Anthony, Jr., trustees . . . where the citizens of Town of Leesville and surrounding county . . came to be erected on the lands of said Burwell Lee and William A. Lee, near
their mills in the County of Campbell, a schoolhouse or academy. They did agree previous to the erection of said house to make a donation of a lot of land to trustees of the Academy. A certain lot or parcel of ground situated on the West side of Third Broad Street in the Town of Leesville, estimate to contain 1/2 acre.
25. Campbell Co. - DB 29, p. 222 10/1/1852 Rec: 2/14/1853
Burwell Lee and Elizabeth S., his wife of Campbell Co. to William A. Lee - 52 acres lying on both sides of Goose Creek called the Mill tract adjoining the Town of Leesville, it being the same land and mill purchased by Burwell Lee and William A. Lee of Morton Pannill in 1847.
26. Pittsylvania Co. DB 54, p. 352 2/18/1853 ec: 2/21/1853
Burwell Lee Trustee and Walter Nangle both of Campbell Co. - Richard B. Hall of Pittsylvania Co. granted Burwell Lee his interest 4/6/18 41 in land on Sicamore Creek adjoining lands of late Charles Clement and others - 97 acres (being the same land which was conveyed to James Brooks and Elizabeth his wife to James Luck and wife and afterwards to Richard B. Hall in trust for the benefit of Abner Anthony, Jr. - Burwell Lee empowered to sell because Richard B. Hall did not perform certain acts - Abner Anthony, Jr. highest bidder who then sold it to Walter Nangle. $86.80. Moses Arnold, JP Campbell Co.
27. Pittsylvania Co. DB 55, p. 41 11/23/1853 Rec: 2/15/1854
Richard H. Walden, Callahill M. Walden and Henrietta his wife, County of Pittsylvania to Burwell Lee, County of Campbell - $3000 - 270 acres on Staunton River. Lines: stakes, Jaspers Creek, Capt. Thomas Adams. John Franklin JP for Pittsylvania Co.
28. Pittsylvania Co. DB 55, p. 42 - 11/18/1853 Rec: 2/15/1854
Mary D. Proctor, George W. Walden, John R. Walden by Fleming W. Adams their attorney in fact and E. E. Walden the wife of John T. Walden of the 1st part and Burwell Lee of the other - $2520 - 115 acres. Affidavit was from Louisiana County, City of New Orleans.
30. Pittsylvania Co. DB 57, p. 281 7/21/1857 Rec: 8/12/1857
Abner Anthony, Jr. Commissioners(1) Burwell Lee(2) both of Campbell Co. - whereas a certain cause pending in the County Court of Pittsylvania Co at its September Term 1853 between Reed and Jeter plaintiffs and Charles W. H. Walden defendants (auction of William Walden's property) - Burwell paid - W. H. Walden's interest in lands of late Richard T. Walden situated in County of Pittsylvania on Staunton River adjoining Burwell Lee and others - 100 acres.
31. Pittsylvania Co. DB 57, p. 256 6/24/1857 Rec: 6/25/1857
William Barker to Burwell Lee - $1 - horse, cow hogs, harness, bee stands, household and kitch furniture, plantation utensils, crops, etc - for debts to Abner Anthony, Jr.
36. Campbell Co. DB 31, p. 90 9/10/1857 Rec: 9/14/1857
Burwell Lee to Abner Anthony, Jr. - $200 - Lines: Burwell Lee, Abner Anthony, Jr., and William L. Pannill - 2(?) acres - illegible
32. Pittsylvania Co. DB 58, p. 109 9/4/1858 Rec: 10/18/1858
Burwell Lee and Mildred his wife to Parkerfield Short all of Campbell Co., Lynch Dillard (late) of Pittsylvania Co. - last Will - make partition of lands - (Edward H. Dillard and William H. Tunstall qualified as personal representative on the 26th day of ___ 1849) sell to highest bidder - Parkerfield Short - 201 7/8 acres North Fork of Sycamore Creek. Lines: Thos Davis and others.
33. Pittsylvania Co. DB 58, p. 408 2/2/1859
Weatherford property - Burwell Lee to act as Commissioner 34. Pittsylvania Co. DB 58, p. 441 2/28/1859 Rec: 6/20/1859
Burwell Lee and Mildred his wife, County of Campbell to William Hundley, County of Pittsylvania - $1000 - both sides Ralph Branch - 209 acres.
35. Pittsylvania Co. DB 58, p. 391 4/4/1859 Rec: 4/18/1859
Walter Nangle and Burwell Lee - Littleton v. Walden - re title to land 37. Campbell Co. DB 33, p. 138 12/1/1862 Rec: 1/23/1863
Burwell Lee and Mildred, County of Pittsylvania to Morton Pannill - $1334.95 - 121 acres 1 rood 11 perches - Lines: Main Road near Pannill's stables, Withers, Mill tract, Moon to main road to Lynchburg.
38. Campbell Co. DB 33, p. 139 12/1/1862 Rec: 1/23/1863
Burwell Lee and Mildred to Abner Anthony, Jr. - $3665.05 - Plumbtree branch - 332 acres 3 roods 6 perches - Lines: main Lynchburg Rd., Moon, Anthony
39. Pittsylvania Co. DB 61, p. 65 2/6/1863 Rec: 3/20/1864
Burwell Lee and Mildred his wife, County of Pittsylvania, to Walter Nangle of Pittsylvania Co - $600 - waters of Ralph Branch adjoining William Hundley, John W. Adams, Walter Nangle and others - 133 acres.
40. Pittsylvania Co. DB 61, p. 220 12/22/1864 Rec: 3/30/1865
Burwell Lee and Mildred his wife, County of Pittsylvania to John W. Motley, same - $500 - their 1/5 interest in lands of Dr. Lynch Dillard deceased - 200 acres
41. Pittsylvania Co. - DB 62, page 31 12/12/1866 Rec:
12/26/1866 - Burwell Lee of Pitt Co. to Jeremiah Lee of Pitt Co. - 200 ac res $1500. . .tract of land lying and being in the County and State aforesaid upon the waters of Staunton River and the waters of Jaspers Creek bounded by the land of said B. Lee and others beginning at the mouth of Jasper Creek running with the lines of the estate of Thomas T. Adams deceased the lines of George Cox thence off a new line between the said B. Lee 's lands to Staunton river thence up Staunton River to the beginning
containing about 200 acres be the same more or less to have . . . . " S/Bu rwell Lee
38. Pittsylvania Co. - DB 62, p.41, 1/1/1866 Rec: 1/21/1867
Burwell Lee to Robert A. Lee - 186 acres
One certain lot or parcel of land lying and being in the County of Pittsylvania State of Virginia on the waters of Staunton River containing one hundred and eighty six acres be the same more or less bounded by the lands of Patsy Adams and said B. Lee as Lots 6 and 7 in the division of the landed estate of Richard V. Walden as reported by Commissioners Graves, Snow and Franklin, under an order of the County Court of Pittsylvania made at its November term 1852 . . .
42. Pittsylvania Co. - DB 63, page 250 2/22/1869 Rec:
5/26/1869 - Burwell Lee to Robert A Lee, Trustee, and Virginia T. Lee, Lucy E. Lee, Eli Parker, Pannill & Franklin and Jeremiah A. Lee of the third part."Where the said Burwell Lee is justly indebted to the said Virginia T. Lee in the sum of two thousand twenty five dollars by bond bearing date on the first day of
January 1869 with legal interest thereon to the said Lucy E. Lee in the sum of twelve hundred and fifty dollars due as Guardian with legal interest thereon from the first day of April 1858 to Eli Parker in the sum of one hundred dollars by bond bearing date on the 28th day of August 1867 with legal interest thereon to Pannill and Franklin in the sum of fifty nine dollars 26 cents by account due lst day of January 1869 with legal interst thereon and to Jeremiah A. Lee the sum of one hundred dollars due by account with legal interest thereon from the first day of January 18 69, and the said B. Lee is willing and desirous to secure . . . said Burwell Lee hath sold and do by this deed bargain sell and convey to the said Robert A. Lee his heirs and assigns forever in trust one certain tract or parcell of land lying and being in the County of Pittsylvania State of Virginia on the waters of Staunton river containing four hundred and twenty acres be the same more or less bounded by the lands of Jeremiah A. Lee, Virginia S. Adams, George Cox, Robert A. Lee and Staunton River, also two mules, one gray mare and colt, one sorrell mare, stock of cattle, hogs, sheep, plantation tools of every description, household and kitchen furniture, one sorghum mill, crop of fodder, oats, wheat, tobacco, corn shucks, straw to the said Robert A. Lee . .. said B. Lee to remain in quiet and peacable possession of the said tract or parcell of land . . . until default be made" Note due 4/1/1870. s/Burwell Lee, Robert A. Lee
43. Pittsylvania Co. - DB 64, page 403 - 5/24/1871 rec:
6/4/1871 - Burwell Lee - Homestead Law - "I, Burwell Lee do by this deed declare that I claim the following named lands and other property hereaft r expressed say two hundred and seventy six acres of land lying in the County of Pittsylvania . . on the water of Staunton River and Jasper's Creek bounded by the lands of J. A. Lee, George Cox and others, which land I, B. Lee assess at the price of six dollars per acres accounting to the sum of $1600 also the following articles say one old desk and bookcase
one sideboard one bureau three bed and bedsteads and furniture, one gray mare, filly, all of which I value at the sum of two hundred and fifty dollars.
From: Paul Drake <pauldrake@@CHARTER.NET>
>Reply-To: Paul Drake <pauldrake@@CHARTER.NET>
>To: VA-ROOTS@@LISTLVA.LIB.VA.US
>Subject: Re: HOMESTEAD LAWS
>Date: Tue, 3 Feb 2004 14:27:53 -0600
>
>GREAT info, Eric. Could it not, also, have been the Virginia Homestead
>Exemption law that allowed a householder or head of a family to exempt
>his/her home and some of the contents from the general creditors? OR, did
>the Bankruptcy Act supercede those State provisions????? Thanks. Paul
> ----- Original Message -----
> From: Grundset, Eric
> To: VA-ROOTS@@LISTLVA.LIB.VA.US
> Sent: Tuesday, February 03, 2004 2:13 PM
> Subject: Re: HOMESTEAD LAWS
>
>
> Mrs. Shumate,
>
> This is probably part of the person's exemption under the federal
>Bankruptcy Act of 1867. MANY people had to declare bankruptcy after the
>Civil War. Each state set what would be the exemption of property that
>could be held back from creditors to enable the person/family to survive by
>passing a homestead exemption act. These are not state or county records,
>although often you will find a recording in the county of these homestead
>exemptions.
>
> The records for Virginia of these bankruptcies are all at the National
>Archives Branch in Philadelphia. They are part of Record Group 21, Feder al
>Courts. You would have to tell the folks up there which court would have
>covered the area of interest. Pittsylvania County in this period would have
>been under the jurisdiction of the United States District Court for the
>Western District of Virginia, Danville Division and was moved into that
>district in 1871. The Danville seating of the court began in 1871. The
>will be an alphabetical index to the cases in that division (hopefully;
>most DO have an index). There is the possibility that the case began before
>the Danville division was created, and so the case would be in the
>District Court for the Eastern District of Virginia, Richmond Division. In
>1871, Virginia's U. S. District Court boundaries were redrawn and new
>cities were added for the court to hold sessions. I'd start with Danville
>in 1871 and hope that the case can be found easily there. If it began
>before the new division was created, it should have been transferred to the
>new one from the old one.
>
> If you go to the National Archives website (www.archives.gov), find t he
>regional facilities listings, and get the contact information, the state
>there should tell you what they could do to find the case records for th is
>individual and whether or not they can copy them for you (you can copy them
>yourself if you visit their facility in center city Philadelphia). Be sure
>to let them know that this would be under the Bankruptcy Act of 1867. They
>are bound to have a research procedure, but given budget reductions, etc .,
>they will have to tell you what their procedures are.
>
> I've been there numerous times, and found these same bankruptcy cases
>for two of my own great, great grandfathers in Buckingham County. This is
>definitely material that you want to try to get hold of!!
>
> Eric G. Grundset
> Library Director
> DAR Library
> 1776 D St., N.W.
> Washington, DC 20006-5303
> 202-879-3313 (phone)
> 202-879-3227 (fax)
> egrundset@@dar.org
47. Estate of Burwell Lee, Jr. - 5/28/1872 - Appointment of Adm'r - Robert Austin Lee - Pittsylvania Co. WB 3A, p. 171
48. Estate of Burwell Lee, Jr. - Inventory and Appraisal - 11/21/1872 - Pittsylvania Co. - Wills and Inventories Book 3A, p. 172
49. Estate of Burwell Lee, Jr. - Accounts Current - 1/2/1873 Pittsylvania Co.
50.1810 Campbell Co. census w/parents - M 10-16
1820 Campbell Co. census w/parents - M 16-26 1830 Campbell Co. census p. 407 1M under 5 1F under 5 1M 30-40 1F 5-10 1F 20-30 including 18 slaves of various ages
1820 Pittsylvania Co. census p. 53
Burwell Lee
3M 0-10 1F 0-10
1M 26-45 1F 26-45
1 person engaged in manufacturing
1830 Campbell Co.
Burwell Lee
1M 0-5 1F 0-5
1M 30-40 1F 20-30
1840 Campbell Co. census, p. 17
Burwell Lee
2M under 5 1F under 5 1M 5-10 1F 5-10 1M 10-15 2F 10-15 1M 20-30 1F 30-40 1M 40-50 Slaves:
2M 0-10 2F 0-10 1M 10-24 2F 10-21 1M 56-100 1850 Campbell Co., Leesville census:
Burwell Lee, 50, farmer, $5000 Elizabeth, age 30 Martha A., age 22 Edward P., age 21, teacher Julianna L., age 19 Robert A., age 15, salesman Chestina, age 12 Virginia T., age 6 Alonzo H., 5 mos. Eliza Duke, 19, laborer Hardinia Duke, age 17 1850 Slave Schedule: Owned 17 slaves
1860 Campbell Co., Castle Craig census
Burwell Lee, age 60, farmer $4000/$24500 Mildred, age 47 Jeremiah A., age 26 Chestina, age 22 Virginia T., age 15 Lucy E., age 8 William W. Swan, age 23, teacher Charles Franklin, age 18 Mark Haden 18 1860 Slave Schedule: Owned 32 slaves
1870 Pittsylvania Co. census
Burwell Lee, age 70, farmer 3600/700 Mildred, age 57 Virginia, age 25 Lucy E., age 17 Walter, age 13 Edward, age 11 Gertrude, age 7 1850 Campbell Co. census also shows the following:
Burwell had improved land 375 acres, unimproved 100 acres, cash value of farm $5000, $145 machinery, etc., 10 horses, 12 milch cows, 4 working oxen, 18 other cattle, 24 sheep, 125 swine,
value of livestock $1070, 300 bushels wheat, 115 bushels Indian corn, 5 00 bushels oats, 17 slaves. Nancy Lee (his mother) had 12 slaves.
Land tax - Campbell Co.
1827 - 32 3/4 acres (Received from his father's estate) 1828 - 32 3/4 acres Goose Creek 1829 - same 1830 - 1831 - 1832 1833 - 44 acres Goose Creek (from William A. Lee) 1834 - 44 acres Goose Creek 32 3/4 acres Goose Creek 30 acres Goose Creek (Doshia received 30 acres) 1835 through 1842 - same 1843 through 1849 - 44 acres Goose Creek 32 3/4 acres Goose Creek 1850 - Burwell Lee and William A. Lee - 52 acres Goose Creek 44 acres Goose Creek 32 3/4 acres Goose Creek Campbell Co. PP tax
Code: WM over 16-Sl over 12-sl over 16-free blacks-horses 1830A - 1-5-4-0-2 1831A - 1-4-3-0-2 1832A - 1-6-4-0-3 1833A - 1-3-3-0-3 1834A - 1-4-4-0-4 1835A - 1-4-4-0-3 1836A - 1-5-4-0-5 1837A - 1-5-4-0-7 1838A - 1-4-3-0-5 1839A - 1-4-3-0-5 1840A - 1-4-3-0-4 1841A - 1-5-5-0-4 1842A - 1-5-5-0-5 1843A - 1-7-7-0-6 1845 PP tax shows Burwell owned 15 slaves.
Bedford Co. land tax
1843A-1847 - 111 acres Back Creek adjoining L. O. Arthur Pittsylvania Co. Will Book 3A, p. 172 May Term 1872
Inventory and Appraisement of Estate of Burwell Lee Pittsylvania Co. Will Book 3A 5/28/1872, p. 171
Appointment of Robert A. Lee, as Administrator, Estate of Burwell Lee. $500 bond as
security. Pittsylvania Co. Will Book 3A, p. 173 10/10/1872 Rec:
1/2/1873 - List of property belonging to Estate of Burwell Lee. From: History of Pittsylvania Co., by Maude Clement re Civil WAr
When the war came to a disastrous close at Appomattox in April, 1865, the sad condition of Virginia is officially described in the Code of Virginia: "No people ever suffered greater losses by the termination of the war than the people of Virginia. At one blow their entire slave population was emancipated, their value entirely lost, and their accustomed lab or instantly stopped, the circulating medium (money) State and Confederate was rendered worthless, no Federal money in circulation; houses, homes, fences, mills, given to flame, lands impoverished, and having no money value, and they themselves entirely powerless to purchase, and for want of buyers equally powerless to sell."
The men of Pittsylvania set about the task of rebuilding their lives and their country, and though the outlook was dark, they faced the undertaking with a strong courage. Out of the destruction and wreckage of the Old South they brought order; and with no outside aid, by their own efforts, they laid the foundations on which we have built our prosperous commonwealth today.
............................
The Homestead Act of 1862
by Richard Pence
Background
The passage of the Homestead Act by Congress in 1862 was the culmination of more than 70 years of controversy over the disposition of public lands. From the inception of the United States there was a clamor for ever-increasing liberalism in the disposition of these lands. From 1830 onward, groups called for free distribution of such lands. This became a demand of the Free-Soil party, which saw such distribution as a means of stopping the spread of slavery into the territories, and it was subsequently adopted by the Republican party in its 1860 platform. The Southern states had been the most vociferous opponents of the policy, and their secession cleared the way for its adoption.
The Act, which became law on Jan. 1, 1863, allowed anyone to file for a quarter-section of free land (160 acres). The land was yours at the end of five years if you had built a house on it, dug a well, broken (plowed) 10 acres, fenced a specified amount, and actually lived there. Additionally, one could claim a quarter-section of land by "timber culture" (commonly called a "tree claim"). This required that you plant and successfully cultivate 10 acres of timber.
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