Daniel Freeman (April 26, 1826 – December 30, 1908) was an American

homesteader Homestead may refer to: *Homestead (building), a farmhouse and its adjacent outbuildings; by extension, it can mean any small cluster of houses * Nguni homestead, a cluster of houses inhabited by a single extended family, typically with a kraal ...

and

Civil War A civil war is a war between organized groups within the same Sovereign state, state (or country). The aim of one side may be to take control of the country or a region, to achieve independence for a region, or to change government policies.J ...

veteran. He was recognized as the first person to file a claim under the

Homestead Act The Homestead Acts were several laws in the United States by which an applicant could acquire ownership of Federal lands, government land or the American frontier, public domain, typically called a Homestead (buildings), homestead. In all, mo ...

of 1862. Freeman was also the

plaintiff A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of the ...

in a landmark

separation of church and state The separation of church and state is a philosophical and Jurisprudence, jurisprudential concept for defining political distance in the relationship between religious organizations and the State (polity), state. Conceptually, the term refers to ...

decision.

Physician and soldier

Freeman was born in

Preble County, Ohio Preble County ( ) is a county located in the U.S. state of Ohio. As of the 2020 census, the population was 40,999, down 3.0% from the 2010 census population of 42,270. Its county seat is Eaton. The county was formed on February 15, 1808, fr ...

, and was raised in

Genesee County, New York Genesee County is a county in the U.S. state of New York. As of the 2020 census, the population was 58,388. Its county seat is Batavia. Its name is from the Seneca word Gen-nis'-hee-yo, meaning "the Beautiful Valley".THE AMERICAN REVIEW; ...

, and

Knox County, Illinois Knox County is a County (United States), county in the U.S. state of Illinois. According to the 2020 United States census, 2020 census, it had a population of 49,967. Its county seat is Galesburg, Illinois, Galesburg. Knox County comprises the ...

. While he was a young man, his family moved frequently, to

Iowa Iowa ( ) is a U.S. state, state in the upper Midwestern United States, Midwestern region of the United States. It borders the Mississippi River to the east and the Missouri River and Big Sioux River to the west; Wisconsin to the northeast, Ill ...

and

Illinois Illinois ( ) is a U.S. state, state in the Midwestern United States, Midwestern United States. It borders on Lake Michigan to its northeast, the Mississippi River to its west, and the Wabash River, Wabash and Ohio River, Ohio rivers to its ...

before settling in Beatrice,

Nebraska Territory The Territory of Nebraska was an organized incorporated territory of the United States that existed from May 30, 1854, until March 1, 1867, when the final extent of the territory was admitted to the Union as the state of Nebraska. The Nebrask ...

. He was a graduate of a medical institute in

Cincinnati, Ohio Cincinnati ( ; colloquially nicknamed Cincy) is a city in Hamilton County, Ohio, United States, and its county seat. Settled in 1788, the city is located on the northern side of the confluence of the Licking River (Kentucky), Licking and Ohio Ri ...

, and practiced medicine in

Ottawa, Illinois Ottawa is a city in LaSalle County, Illinois, United States, and its county seat. It is located at the confluence of the navigable Fox River (Illinois River tributary), Fox River and Illinois River, the latter being a conduit for river barges and ...

. He enlisted in the

17th Illinois Volunteer Infantry Regiment The 17th Regiment Illinois Volunteer Infantry was an infantry regiment that served in the Union Army during the American Civil War. Service The 17th Illinois Infantry was organized at Peoria, Illinois, and mustered into Federal service at Peor ...

during the

Homesteader

On May 20, 1862, President

Abraham Lincoln Abraham Lincoln (February 12, 1809 – April 15, 1865) was the 16th president of the United States, serving from 1861 until Assassination of Abraham Lincoln, his assassination in 1865. He led the United States through the American Civil War ...

signed the Homestead Act, which gave adults of land if they filed paperwork and paid a small fee. The homesteader was required to build a 12x14-foot dwelling and farm the land for five years or plant trees. Although the land was cheap or free, many homesteaders did not last five years because of the blizzards, drought, disease, plagues of locusts, and loneliness on the open prairies.Badlands Homestead, South Dakota January 1, 1863, was the day the Homestead Act went into effect. Freeman may have been a scouter for the Union Army, and he said that he was leaving for St. Louis that morning for military duty. Freeman persuaded a clerk to open the land office just after midnight so he could file his claim. When five years was up, the homesteader had to have two or three witnesses sign a document called "Proof Required Under Homestead Acts May 20, 1862 . . . " Freeman had his neighbors, Joseph Graff and Samuel Kilpatrick, sign this first document.

Marriages

Freeman married Elizabeth Wilber, who may have died in 1861, though some sources indicate that they divorced. They had three children. Daniel Freeman proposed marriage by mail to Agnes Suiter of

LeClaire, Iowa LeClaire is a city in Scott County, Iowa, United States. The population was 4,710 in 2020 United States census, 2020, a 65.4% increase from 2,847 in 2000 United States Census, 2000, making it one of the fastest-growing communities in the Quad C ...

, and married her on February 8, 1865, in her parents' home. Agnes had been engaged to Daniel's younger brother, James, who was killed in the war. Daniel and Agnes had eight children, seven of whom survived to adulthood. Agnes lived on the Beatrice

homestead Homestead may refer to: *Homestead (building), a farmhouse and its adjacent outbuildings; by extension, it can mean any small cluster of houses * Nguni homestead, a cluster of houses inhabited by a single extended family, typically with a kraal ...

until her death in 1931. In addition to homesteading his claim, Freeman was a

physician A physician, medical practitioner (British English), medical doctor, or simply doctor is a health professional who practices medicine, which is concerned with promoting, maintaining or restoring health through the Medical education, study, Med ...

, county

coroner A coroner is a government or judicial official who is empowered to conduct or order an inquest into the manner or cause of death. The official may also investigate or confirm the identity of an unknown person who has been found dead within th ...

, and county

sheriff A sheriff is a government official, with varying duties, existing in some countries with historical ties to England where the office originated. There is an analogous, although independently developed, office in Iceland, the , which is common ...

. During their homesteading period, several structures were built, including a

log cabin A log cabin is a small log house, especially a minimally finished or less architecturally sophisticated structure. Log cabins have an ancient history in Europe, and in America are often associated with first-generation home building by settl ...

, a brick house, and several frame houses. None survive. In 1936, the Freeman homestead was recognized by

Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ...

as the first homestead in the country and designated as

Homestead National Monument of America Homestead National Historical Park, a unit of the National Park System known as the Homestead National Monument of America prior to 2021, commemorates passage of the Homestead Act of 1862, which allowed any qualified person to claim up to of f ...

. It is now maintained by the

National Park Service The National Park Service (NPS) is an List of federal agencies in the United States, agency of the Federal government of the United States, United States federal government, within the US Department of the Interior. The service manages all List ...

Religious separation case

Freeman was the plaintiff in ''Daniel Freeman v. John Scheve, et al.'', a landmark case concerning the separation of church and state. In 1899, Edith Beecher, the teacher at the nearby Freeman School, was giving religious instruction, including reading passages from the

Bible The Bible is a collection of religious texts that are central to Christianity and Judaism, and esteemed in other Abrahamic religions such as Islam. The Bible is an anthology (a compilation of texts of a variety of forms) originally writt ...

, offering

prayer File:Prayers-collage.png, 300px, alt=Collage of various religionists praying – Clickable Image, Collage of various religionists praying ''(Clickable image – use cursor to identify.)'' rect 0 0 1000 1000 Shinto festivalgoer praying in front ...

s, and leading

hymns A hymn is a type of song, and partially synonymous with devotional song, specifically written for the purpose of adoration or prayer, and typically addressed to a deity or deities, or to a prominent figure or personification. The word ''hymn'' ...

. (It is not known if this school was named after Daniel Freeman or for Thomas Freeman, an unrelated brick maker and president of the local school board.) Freeman requested that Beecher stop, but she refused, claiming that she had permission from the

school board A board of education, school committee or school board is the board of directors or board of trustees of a school, local school district or an equivalent institution. The elected council determines the educational policy in a small regional area, ...

. Freeman then took his complaint to the school board, which backed Beecher. Freeman filed suit in Gage County District Court, which found in favor of the school board. Freeman appealed, finally going to the

Nebraska Supreme Court The Nebraska Supreme Court is the highest court in the U.S. state of Nebraska. The court consists of a chief justice and six associate justices. Each justice is initially appointed by the governor of Nebraska; using the Missouri Plan, each ...

, which found that the actions of Beecher and the school board were unconstitutional under the Nebraska Constitution provisions (Article I-4) concerning the separation of church and state.

References

* {{DEFAULTSORT:Freeman, Daniel 1826 births 1908 deaths People from Preble County, Ohio People from Knox County, Illinois People from Beatrice, Nebraska Nebraska state case law People from Ottawa, Illinois People of Illinois in the American Civil War Physicians from Illinois Nebraska sheriffs American coroners People from Genesee County, New York