Skirting the Land Offices

Federal land office finally opened under the Pre-Exemption Act of September 1841. Under these federal laws a man had to have a house on the land at least 12 feet square.  The house had to have a glass window.  Settlers, however, played games with these federal laws, so to speak by claiming they had a 12x14 house which in reality was actually a 12x14" house or hanging a window sash on the inside of the house to look like a window when there was none.  

Sometimes the same cabin was moved from claim to claim to satisfy the requirements.  In Nebraska there was said to be a house on wheels, drawn by oxen, for that very purpose.  At the cost of $5 a day a settler could hire out the house, thereby swearing that he had a residence of the land he was claiming.  It worked for many a "residence" in the community.

Women were not allowed to claim land unless they were widows who could claim "head of family."  Not to be outdone by the men, women came up with a plan to borrow a family.  A baby or child was hired out to serve as the movable house did.  The women would sign the adoption papers, swear to be head of the family and claim her land.  Afterwards, she would annul the adoption papers, and return the child to the rightful parents.  

From the early days of Western settlement age up until at least the Civil War, "association" (or club) law ruled the West.  It mean proper, quick judgment and procedures.  The do-it-yourself kind of law that for most practical purposes served to settle the West.

Next time...Not Always So Democratic

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Today in Pioneer History:  "On June 29, 1613, London's original Globe Theater was destroyed by fire.  The fire was started by a cannon shot that went off during the performance of Henry VIII.  The Globe was the theater where many of Shakespeare's play were performed.