Daniel Freeman

Homesteader

• Born: April 26, 1826
• Birthplace: Preble County, Ohio
• Died: December 30, 1908
• Place of death: Beatrice, Nebraska

Significance: The Homestead Act went into effect on January 1, 1863, and Daniel Freeman is recognized as the first of 418 people to file claims that day. He accomplished this by convincing a land clerk to open the office at midnight so he could file; the clerk obliged, and claim number one and homestead patent number one were reportedly issued to Freeman between five and ten minutes after midnight on the first day of the act.

Background

Daniel Freeman was born on April 26, 1826, in Preble County, Ohio, about 65 miles (105 kilometers) from present-day Cincinnati. He was the son of Samuel Freeman and Phoebe Willis. The family moved to Illinois in 1835.

In the 1850s, US legislators were under pressure to provide free land for homesteads, or places where people lived and farmed or raised animals. Many people favored the idea as a way to encourage people to move into the large unoccupied sections of land in the middle of the country, but factory owners feared it would cut into their labor force. Homestead acts were proposed in 1854 and 1860. The 1860 act was approved by Congress but vetoed by President James Buchanan. Finally, on May 20, 1862, Congress approved a free Homestead Act. President Abraham Lincoln signed the act, which was set to go into effect on January 1, 1863.

The Homestead Act provided 160 acres to any head of household who paid a fee and lived and farmed on the land for five years. Freeman was extremely interested in the possibilities the act provided. In 1862, he was serving as a scout for the Union army. While on a brief leave from the army, he traveled to Nebraska and found in a parcel of land along Cub Creek near the town of Beatrice that he liked. The land's proximity to the creek was likely one of the features that attracted Freeman because water was very important to homesteaders for their own use and for caring for crops and animals.

Freeman traveled to the nearest land claim office in the town of Brownville, Nebraska. He reached the office on December 31, 1862, the day before the act became effective. Because January 1 was New Year's Day, the office was not scheduled to be open that day. Freeman had little time to spare. He had to leave on January 1 to reach his new military assignment at Fort Leavenworth by January 2. Freeman, however, was determined to get a homestead, and he wanted to be the first to make a claim. He convinced a land clerk he met at a New Year's Eve party at the local hotel to open the office for him. As a result, Freeman filed his claim between five and ten minutes after midnight. Since then, Freeman generally has been recognized as the first person in the entire country to make a homestead claim.

Life's Work

Freeman continued his service in the Union army until the war's end in 1865. Once he was discharged, he returned to Nebraska and built a log cabin on his homestead. He eventually completed the requirements for owning it. First, he had to prove himself to be the head of household and a citizen eligible to make the claim. Second, he had to have neighbors vouch for the fact that he lived and farmed on the land for five years. Third, he had to provide proof that a suitable house was built on the land. Finally, he had to pay an $18 fee. Freeman's first home was 14 feet by 20 feet (4.3 meters by 6.1 meters), with a board floor and a shingled roof. His farm was successful, and he later purchased more land around his original homestead.

Freeman served as the town sheriff for a time and also worked as a doctor and coroner. He was known for his sense of justice and was not afraid of a legal battle. During the course of his life, he sued several government officials. One suit was against a county treasurer who removed a house from Freeman's land to sell it to pay taxes Freeman owed on a different parcel of land. Freeman successfully argued in court that the treasurer acted improperly because he sold the house as personal property. When the treasurer fled the area before Freeman could recover his losses, Freeman sued the people who put up the bond that guaranteed the treasurer's performance.

Freeman was very active in the operation of the Freeman School. Located near Freeman's homestead, the school may have been named for Freeman or a member of his family. In 1899, Freeman raised protests against the use of Bible-based lessons in the schoolhouse. The school board defended the teacher's actions, but Freeman persisted and took the case to the Nebraska State Court. In 1902, the court upheld his complaint, finding that a teacher's reading to the class from the Bible and sharing prayers and hymns were violations of the separation of church and state outlined in the state constitution. After this landmark legal decision, the school remained open and in use for learning until 1967, and continued to operate as a historical attraction after that.

Freeman died at his homestead on December 30, 1908.

Impact

Freeman became a prominent resident of his community. He eventually constructed many outbuildings on his property along with a brick house to replace his original log cabin. His homestead site has become part of the National Park Service as the Homestead National Monument of America, which recognizes the contributions of all the country's pioneers. Freeman is credited as the first among more than four million homesteaders, who claimed a total of 270 million acres of land through the Homestead Act.

Personal

Freeman married Agnes Suiter. She was engaged to his brother, James, who died in the Civil War. She corresponded with Freeman from her home in Iowa until he proposed by mail and had her come to Nebraska. The couple had eight children, whom they raised on the homestead. Agnes died in 1931.

Bibliography

"Daniel Freeman and the Homestead Act." Nebraska Studies, www.nebraskastudies.org/0500/frameset‗reset.html?http://www.nebraskastudies.org/0500/stories/0501‗0201.html. Accessed 22 Jan. 2018.

"The First Homesteader." National Park Service,www.nps.gov/home/learn/historyculture/firsthomesteader.htm. Accessed 22 Jan. 2018.

"Homestead National Monument of America." National Park Service, www.nps.gov/home/learn/historyculture/upload/W,pdf,Bible%20Case.pdf. Accessed 22 Jan. 2018.

"A Nebraska Farmer Files the First Homestead Claim." History, www.history.com/this-day-in-history/a-nebraska-farmer-files-the-first-homestead-claim. Accessed 22 Jan. 2018.

"Photograph of Homesteader Daniel Freeman." US Capitol Visitor Center,www.visitthecapitol.gov/exhibitions/artifact/photograph-homesteader-daniel-freeman. Accessed 22 Jan. 2018.

Potter, Lee Ann, and Wynell Schamel. "The Homestead Act of 1862." National Archives,3 Oct. 2016, www.archives.gov/education/lessons/homestead-act. Accessed 22 Jan. 2018.

Rollins, Adam. "First Homesteader Is Gone, but Legacy Remains." Beatrice Daily Sun,13 Nov. 2015, beatricedailysun.com/news/local/first-homesteader-is-gone-but-legacy-remains/article‗c54ec7c6-ddd2-5be4-a1cb-040356e65c1c.html. Accessed 22 Jan. 2018.

Sheldon, Addison Erwin. "The First Homestead." Legends of America, 1913, www.legendsofamerica.com/ne-homestead/. Accessed 22 Jan. 2018.