Many of the settlers buried in the Odell Pioneer Cemetery acquired their land through the Donation Land Claim Act of 1850 (also known as the Oregon Donation Land Law). But what exactly is a Donation Land Claim, and why is it significant to the history of the Odell Cemetery?
What Was the Donation Land Claim Act?
In 1850, Congress passed the Donation Land Claim Act to encourage American settlement of public lands in the Oregon Territory, which included present-day Oregon, Washington, and Idaho. The act granted land free of charge to settlers who met certain criteria. Before this, in 1843, the Oregon Provisional Government had already granted white male U.S. citizens 320 acres of public land. If married, their wives were eligible to receive an additional 320 acres. In 1850, the Provisional Government reduced the total grant to 320 acres per married couple, with the condition that settlers cultivate and reside on the land for four years (Robbins, 2022). Congress later legitimized these grants through the Donation Land Claim Act, following similar requirements:
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Must have arrived in Oregon Territory between December 1, 1850, and December 1, 1853.
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Must be male.
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Must be white or of mixed-race Native American descent.
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Must be at least 18 years old as of December 1, 1850.
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Must be a U.S. citizen or declare intent to become one before December 1, 1850.
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Must reside on and cultivate the land for four years before receiving the legal title (Oregon Secretary of State, 2022).
The act aimed to promote agricultural development. The size of land claims varied based on marital status and date of arrival. A white married man arriving by December 1, 1850, was entitled to 640 acres (320 acres for himself and 320 for his wife). However, those arriving between December 1, 1850, and December 1, 1853, received only half that amount. Additionally, after December 1, 1850, the minimum age requirement increased from 18 to 21 (U.S. Congress, 1850).
Changes to the Act
In 1853, widows and heirs gained rights to a deceased settler’s land claim. Additionally, settlers could purchase the land for $1.25 per acre after only two years of residence instead of the previous four-year requirement (U.S. Congress, 1853). In 1854, the residency requirement was further reduced to one year, and land was no longer granted for free but instead sold at the established rate of $1.25 per acre, with a maximum limit of 320 acres (Riddle, 2010). Although the Donation Land Claim Act expired in 1855, this 1854 policy remained in effect until the Homestead Act of 1862.
In total, 7,437 land grant patents were issued under the act in Oregon (Nemac, 2019). By 1855, approximately 30,000 white emigrants had settled in Oregon Territory, claiming 2.5 million acres of land (Robbins, 2022).
Relevance to the Odell Pioneer Cemetery
Many pioneer families who emigrated to Oregon did so because of the Donation Land Claim Act. A large number of individuals buried in the Odell Pioneer Cemetery either took advantage of this land opportunity themselves or had parents who did.
Why Did Settlers Risk Everything to Emigrate to Oregon?
The reasons for emigrating varied, but the journey was treacherous. An estimated 30,000 of the 350,000 pioneers who attempted the journey died of disease alone, not accounting for deaths from accidents, extreme weather, gunshot wounds, livestock mishaps, wild animal attacks, or conflicts with Native Americans (National Park Service, 2020).
Several possible motivations drove settlers to undertake this perilous journey:
Manifest Destiny
The belief in Manifest Destiny—the idea that Americans were divinely destined to expand westward—was a powerful motivator. After the Louisiana Purchase (1803), the annexation of Texas, and the acquisition of the Oregon Territory from Great Britain (1842), many Americans believed it was their right and duty to settle the West (History.com, 2019).
John Odell, in a letter to his brother-in-law, expressed optimism about Oregon’s opportunities. His letter, later published in the Delphi Weekly Times, stated:
“You ask me if I think we have bettered our condition, as to health and climate and the means of making a living. I think we have. In respect to making a living, a man can live here with one-half the work he could in the States; for the reason, that the grass is green all winter, and that cattle, which is the principal part of the wealth of the country, can live without being fed through the winter” (Odell, 1852).
Agricultural Opportunities
Most of the families who settled in the area around the Odell Pioneer Cemetery were farmers, and came from generations of farming families. This, of course, would make the offer large parcels of free fertile agricultural land extremely enticing.
Prior Experience with Westward Migration
Many settler families, including the Peerys, Odells, Cooverts, and Angells, had already migrated westward multiple times—from Virginia and the Carolinas to Indiana and Kansas—before ultimately settling in Oregon. The exact reasons for their continued migration are unclear, but factors may have included escaping established government control, expanding their farms, or seeking a healthier climate. Their history suggests a deep-rooted pioneering spirit.
Religion
The settlers near the Odell Pioneer Cemetery were devout Methodists. Jason Lee, a Methodist missionary, arrived in Oregon Territory in 1833 and established a mission at French Prairie, later moving it to Mission Mill (now Salem) in 1841 (Platt, 2016). The proximity of Mission Mill to the Webfoot area suggests that Methodist communities influenced settlement patterns in the Willamette Valley.
The Odell family and other settlers from Carroll County, Indiana, were active in the Methodist faith. In 1826, John and Sarah Odell helped organize a Methodist society in Deer Creek Township, Indiana, along with Samuel Angell’s parents (Helm, 1882). John Odell also built a schoolhouse where Methodist services were held before constructing a church (Helm, 1882, p. 300). His move to Oregon may have been, at least in part, motivated by a desire to continue spreading Methodism.
Conclusion
Without personal diaries or direct records, we cannot know settlers’ exact reasons for emigrating. However, analyzing the political, economic, and social context of the era provides insight into why families were willing to risk everything to settle in the West.
Reference
- “Range of Ranges and Townships: N and E R1 T1 – S and W R10 T1” database with images, Ancestry (https://www.ancestry.com : downloaded 10 July 2023) > U.S., Indexed Early Land Ownership and Township Plats, 1785-1898 > Oregon > Willamette Meridian – “Donation Lands” > N and E R1 T1 – S and W R10 T1, image 160; citing “National Archives Records Administration; Washington, D.C.”
- Robbins, William G. Oregon Donation Land Law. Oregon Encyclopedia, website (https://www.oregonencyclopedia.org/articles/oregon_donation_land_act/ : accessed 11 Jan 2022).
- Oregon Secretary of State. Land Records – Federal Government, website (https://sos.oregon.gov/archives/Pages/records/aids-land_federal.aspx : accessed 11 Jan 2022).
- United States Congress. (1850, September 27). U.S. Statutes at Large, Volume 9 (1845-1847, 29th through 31st Congress). Library of Congress, online data-base with images. (https://www.loc.gov/item/llsl-v9/ : accessed 11 Jan 2022).
- United States Congress. (1850, September 27). U.S. Statutes at Large, Volume 10 (1851-1853, 32nd and 33rd Congress). Library of Congress, online data-base with images. 158-163 (https://www.loc.gov/item/llsl-v10/ : accessed 11 Jan 2022).
- Riddle, Margaret. (2010, August 9). Donation Land Claim Act, spur to American settlement of Oregon Territory, takes effect on September 27, 1850. HistoryLink.org, website. (https://www.historylink.org/File/9501 : accessed on 11 Jan 2022).
- Nemac, Bethany. (2019, April 3). Land Claims. End of the Oregon Trail, website. (https://historicoregoncity.org/2019/04/03/land-claims/ : accessed 11 Jan 2022).
- National Park Service. (2020, December 29). Death and Danger on the Emigrant Trails, website. (https://www.nps.gov/articles/000/death-on-trails.htm : accessed 13 Jan 2022).
- Manifest Destiny. (2019, November 15). History.com, website. (https://www.history.com/topics/westward-expansion/manifest-destiny : accessed 13 Jan 2022).
- “Oregon Letter. From John Odell to Adam Porter”. (1852, October 9). Delphi Weekly Times, 2.
- Platt, A.E. (2016). Rev. Jason Lee’s Diary. Oregon History Project, website. (https://www.oregonhistoryproject.org/articles/rev-jason-lees-diary/ : accessed 13 Jan 2022).
- Helm, Thomas B. (1882). History of Carroll County, Indiana : With illustrations and biographical sketches of some of its prominent men and pioneers, 105. https://archive.org/details/historyofcarroll00helm