Homestead Act: An act in addition to an act more effectually to provide for the punishment of certain crimes against the United States, and for other purposes, 1857
Homestead Act: An act in addition to an act more effectually to provide for the punishment of certain crimes against the United States, and for other purposes, 1857
No; really. That's the name of this act. Not exactly catchy, is it?
Seeing as how Section 7 of the Homestead Act was put in place purely to inform the reader that this whole other act was in effect in the western territories, it’s probably a good idea to take a quick look.
Basically, this was an addendum to an earlier (1825) "Act more effectually to provide for the punishment of certain crimes against the United States, and for other purposes." (Another un-pithy act name, courtesy of Stuffy 19th-Century Language.)
Both of these earlier pieces of law dealt specifically with treasonous actions against the United States and how to deal with them on par with the laws of where the act took place.
Making the 1857 act plainly part of the Homestead Act gave the state and territorial governments a whole lot of power. Any person being prosecuted wouldn’t only be a prisoner of the U.S., but a prisoner of the state—double trouble.
And each state had its own laws and regulations subsequent to federal law. Ceding prosecution to the state and territories, the government assured punishment was basically a total gamble if someone was caught and tried…because conditions varied greatly.
It also took the burden off the already stretched U.S. government during a time when the majority of the South was considered as having performed or aided traitorous actions. Plus, it showed confidence in the territorial governments, even as they had to deal with an influx of settlers and their problems.