In Days Gone By: The Preemption Act and Edmonds claims prior to George Brackett

When I was in elementary school, I learned about pioneers in the U.S. moving to the West and settling on different portions of land and “homesteading.”  But I don’t recall ever learning about preemptive claims, which preceded homesteading by three decades.

Locally, historians customarily identify George Brackett as the founder of Edmonds. But before George Brackett purchased the land that became Edmonds, others had previously filed preemptive claims on it as well as nearby acreage.

The Preemption Act of 1841

About 30 years before George Brackett’s purchase, the U.S. Congress passed the Preemption Act of 1841. The Act validated and protected the rights of pioneers and settlers who had moved westward and settled on and cultivated public lands that had not been officially surveyed or offered for sale.

Western states exerted significant political pressure on Congress to protect their residents’ efforts by making the land available at a reasonable price.  The Western states feared that if settlers couldn’t purchase the land they had settled on at a reasonable price, speculators would offer the government more money for the land once settlers had cleared and cultivated it.

Congress agreed, and the early settlers were given the right to purchase up to 160 acres of public land at $1.25 per acre. This allowed them to secure ownership without facing competition from speculators.

To qualify, settlers had to be U.S. citizens or be in the process of becoming one. They had to be the head of a household, a single man over the age of 21 or a widow. They were also required to live on the land for 14 months. If these requirements were met, the settler had the “right to first refusal” on the land once it came up for sale.

The Preemption Act of 1841 was signed into law by President John Tyler on Sept. 8, 1841. It was the precursor of the Homestead Act of 1862 and acted as a catalyst that drove western expansion.

George Brackett’s original arrival

By all historical accounts, George Brackett first set foot on the land that would become Edmonds in 1870 when he was forced ashore by a large storm that suddenly arose over Puget Sound. Brackett, 29, had been paddling his canoe along the eastern shores of Puget Sound looking for rich timberlands that he could purchase and log. While waiting for the storm to abate, Brackett walked over the gently rolling hills and through the dense forest. He realized that the area held tremendous potential for logging and was also an ideal setting for a town.

Brackett had no way of knowing that the land he was looking at had already been claimed four years earlier via a preemptive claim filed by Pleasant Elwell. In 1866, Elwell filed a claim for 140.75 acres with the U.S. Territorial Office in Olympia and had received a land patent, which made him the legal owner of the land. After receiving the patent, Elwell had continued to live on the property.

Author’s note: On the official land patent document, Ewell – rather than Elwell – is listed as the surname. There is, however, no doubt that Pleasant Elwell was the rightful owner. It was not uncommon in 1866 for misspellings to occur in government documents. 

Similarly, Brackett could not have been aware that 149.25 acres to the north and adjacent to Elwell’s claim was claimed. Thomas Kennedy, a fisherman, had claimed the land and had been living on the property off and on since 1862.

Also, to the south and next to the Elwell property lived the multigenerational Purcell family. James C. Purcell was listed as the head of the family.  

Further south along the shoreline, next to the Purcell family, lived Daniel Hines, 24, a single man who made a living by splitting shingles by hand – using a froe and mallet – and selling them to settlers for the homes’ sidings and roofs.

Pleasant Elwell’s departure

Little is known about Elwell. The 1861 and 1862 Washington Territorial Census stated that he was from Philadelphia, Marion County, Missouri and only 23 years of age in 1862. That would have made him the youngest recorded man in Snohomish County at the time.

Sketchy historical records indicate that Elwell worked in what is now the Mukilteo area, about 10 miles north of his claim site. Reportedly, he worked for the three most prominent men in the area, who were all developers:  Morris Frost, Jacob Fowler and his brother Nathaniel Fowler. The trio were responsible for the establishment of the first white settlement at Point Elliot, which is now Mukilteo, and the construction of the first hotel and store in what was then a very remote locale.

Soon after Brackett’s discovery, for unknown reasons, Elwell, then 31, decided to sell his property. He sold his 140 acres to Frost and the two Fowler brothers in the spring of 1870 for $200 and moved to Oregon. After the sale, Elwell disappears from the history books.

Author’s note: If Elwell paid the stipulated $1.25 per acre as required by the Preemption Act of 1841, he would have initially paid about $176 for his 140 acres. By selling it for $200, he would have lived on the property essentially rent free and would have netted $24 in 1870, which would be worth $595 in 2026.

Brackett purchases Elwell’s original claim

According to some historical accounts, Brackett heard about Elwell’s property being sold and approached Frost and the Fowler brothers in late 1870 to purchase the property. However, their asking price was apparently too high.

Two years went by as Brackett continued to log in the Seattle and Ballard areas. In mid-1872, Brackett approached the trio again. This time, the parties came to an agreement and Brackett bought the 140.75 acres for $600. Frost and the Fowler brothers had tripled their investment in two years.

Four years later, George Brackett completed his logging operations in the Seattle area and in the spring of 1876 moved his wife and young son to his northern property.  For the next four years, Brackett toiled at draining the marsh in front of his property, building a cabin and starting his logging operations. According to historical records, no other families settled in the area during the first four years of Brackett’s residency.     

What can the 1880s Census tell us?

Four years before Brackett chose the name Edmonds for the town, the U.S. Census Bureau conducted the 10th U.S. Census in 1880. The Census identified the settlement as The Ten-Mile Beach Settlement, about 10 miles south of Mukilteo.

The Census shows that there were several families living along the shoreline. Thomas Kennedy, 43, was listed as residing on the north end of the settlement.

Next was George Brackett, 38; his wife Etta, 21; son George S., 2; daughter Fannie, 6 months and adopted daughter Mary, 11.

Further south was James Purcell, 70, and wife Jennie, 45. James was listed as a fisherman, and his wife Jennie was identified as Indian. 

An additional residence was identified on the property belonging to Indian Tom, 40; his wife Louisa, 30; and their children Alice, 2 and Alex, 6 months. Indian Tom was the brother of Jennie Purcell. The entire family was listed as Indian.

Also listed on the Purcell property was the residence of Bob Indian, 27, and his wife Mary, 22. Bob Indian was listed as the son of James and Jennie Purcell.  

The Bureau of Land Management records also indicate that James Purcell, after living on the land for several years, had filed for ownership under the Homestead Act and had successfully received a land patent for his 79 acres.

The last person listed as residing along the shoreline was Daniel Hines, 34, who was listed as a farmer, shingle maker and property owner. The Bureau of Land Management records indicate that Hines – like Kennedy and Elwell – had acquired his property through preemptive claims. In the case of Hines, records indicate that he was issued a land patent on Feb. 25, 1874, for 148.50 acres.

With the exception of Elwell, the people who were living in the area in 1870 when Brackett arrived were still living on the same properties 10 years later.

Due credit should be given to George Brackett for being the driving force behind the establishment of Edmonds, but it also should be recognized that other settlers had been living in the area before his arrival.

Hundreds, if not thousands, of single men traveled to the Northwest looking for work or adventure. Many of them were transient, leaving behind the barest of information regarding their existence. 

Others like Daniel Hines, Thomas Kennedy, John Purcell and Pleasant Elwell came to the Puget Sound area and put down roots for a period. It is hard to quantify their contributions, but their presence can’t be denied.

It should also be mentioned that in Etta Brackett’s memoirs, she speaks about living next door to Indians. By all accounts, there never was a permanent Native American settlement where Edmonds is located, so the reference most likely refers to the Purcell family whose property was directly adjacent to the Bracketts on the south, and whose family members were interracial.

Author’s note: In February 2025, we published an article regarding Captain William Hamlin, who purchased the Purcell property and combined it with 55 acres that he had previously acquired through preemption. 

Thanks go to Shannon Lorah for directing me to prevalent Bureau of Land Management records, the Edmonds Historical Museum, University of Washington Puget Sound Institute and the Library of Congress for their assistance with this article.