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Daniel Freeman


Daniel Freeman (April 26, 1826 – December 30, 1908) was an American physician and Civil War veteran. He was recognized as the first person to file a claim under the Homestead Act of 1862.

Freeman was also the plaintiff in a landmark separation of church and state decision.

Freeman was born in Preble County, Ohio, but was raised in Genesee County, New York, and Knox County, Illinois. While a young man, his family moved frequently, living in Iowa and Illinois and settling in Beatrice, Nebraska Territory. He was a graduate of a medical institute in Cincinnati, Ohio; and practiced medicine in Ottawa, Illinois. He enlisted in the 17th Illinois Volunteer Infantry Regiment during the Civil War.

On May 20, 1862, President Abraham Lincoln signed the Homestead Act. This gave adults 160 acres (0.65 km2) of land if they filed paperwork and paid a small fee. The homesteader was required to build a 12x14 dwelling and farm the land or plant trees. Osage Orange trees became very popular. Some homesteaders noted that the government did not mention that the dwelling had to be 12x14 feet. It was reported that some built a 12x14 inch "dwelling" to fulfill this requirement.

Although the land was cheap or free, many homesteaders did not last five years due to the blizzards, drought, grasshoppers, disease, and loneliness on the open prairies. January 1, 1863, was the day the Homestead Act went into effect. Freeman was supposedly a scouter for the Union Army and told someone that he was leaving for St. Louis the morning of January 1, 1863, for military duty. Freeman convinced someone to open the land office just after midnight so he could be the first person to file his claim. Some dispute whether Freeman's story of having to go to St. Louis was true or whether he just wanted to be the first to file under this act.


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