Homestead Act of 1862: Discriminatory Intent

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Table of Contents Introduction 2 I. History of Anti-Asian Naturalization Laws 2 II. Homestead Act of 1862 5 A. Discriminatory Effect 7 B. Legislative Intent 10 History of Passage 10 IV. Reasons for Lack of Legislative Discriminatory Intent 15 A. Other political factors overshadowed any need to discuss non-declarant status in the law 16 B. Subsequent Supreme Court Justification of State Anti- Alien Land Laws Mirrors Justification for Homestead Act 16 C. Manifest Destiny 21 D. Anti-Asian Sentiment Was Implicitly Understood 22 Conclusion 22 Introduction The Homestead Act of 1862 is considered by many scholars to be one of the greatest pieces of American legislation. The law allowed all citizens and declarants the opportunity to acquire farms of 160 acres free of all charges, except a minor free to be paid when filing the claim. In fact, over the period from 1862 to 1938, “three million people applied for homesteads and almost 1.5 million households were given title to 246 million acres of land." As a result, a huge wealth transfer transpired to those that were able to acquire such land and cultivate it. However, according to federal naturalization laws at the time, Asian immigrants could not declare, in good faith, their intent to become a citizen of the United States. Consequently, Asians were excluded from taking advantage of this viable economic opportunity. It is clear that the Homestead Act is discriminatory in its effect. However, this paper explores whether or not Congress had a discriminatory intent in the passage of this landmark law. Part One of this paper briefly discusses the history of federal naturalization laws that prevented Asians from becoming United States citizens. I. History of Anti-Asian Naturalization Laws The Naturalization Act of 1790 passed as the first naturalization law in the United States, restricting

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