The Oregon black exclusion laws were attempts to prevent black people from settling within the borders of the settlement and eventual U.S. state of

Oregon Oregon () is a U.S. state, state in the Pacific Northwest region of the Western United States. The Columbia River delineates much of Oregon's northern boundary with Washington (state), Washington, while the Snake River delineates much of it ...

. The first such law took effect in 1844, when the Provisional Government of Oregon voted to exclude black settlers from Oregon's borders. The law authorized a punishment for any black settler remaining in the territory to be whipped with "not less than twenty nor more than thirty-nine stripes" for every six months they remained. Page
132
��135. Additional laws aimed at

African Americans African Americans (also referred to as Black Americans and Afro-Americans) are an ethnic group consisting of Americans with partial or total ancestry from sub-Saharan Africa. The term "African American" generally denotes descendants of ens ...

entering Oregon were ratified in 1849 and 1857. The last of these laws was repealed in 1926. The laws, born of anti-slavery and anti-black beliefs, were often justified as a reaction to fears of black people instigating Native American uprisings.

Timeline

Early white settlers in the

Oregon Country Oregon Country was a large region of the Pacific Northwest of North America that was subject to a long dispute between the United Kingdom and the United States in the early 19th century. The area, which had been created by the Treaty of 1818, co ...

often held both anti-slavery and anti-black beliefs, and many came from states, such as

Missouri Missouri is a state in the Midwestern region of the United States. Ranking 21st in land area, it is bordered by eight states (tied for the most with Tennessee): Iowa to the north, Illinois, Kentucky and Tennessee to the east, Arkansas t ...

, which had some version of exclusion laws. White settlers believed banning slavery would eliminate political controversy, but feared that settlements of freed slaves would compete for power with white people. One early migrant wrote that Oregon pioneers "hated slavery, but a much larger number of them hated free negroes worse even than slaves". In 1843, the Provisional Government of Oregon established a set of organic laws, including a ban on

slavery Slavery and enslavement are both the state and the condition of being a slave—someone forbidden to quit one's service for an enslaver, and who is treated by the enslaver as property. Slavery typically involves slaves being made to perf ...

: "There shall be neither slavery nor involuntary servitude in the said territory otherwise than in the punishment of crimes whereof the party shall have been duly convicted." Enforcement of the law was left unclear. After a vote on June 26, 1844, the first Black Exclusion law reiterated a ban on all slavery in Oregon territory, and it forced black and

mulatto (, ) is a racial classification to refer to people of mixed African and European ancestry. Its use is considered outdated and offensive in several languages, including English and Dutch, whereas in languages such as Spanish and Portuguese ...

settlers to leave Oregon territory within three years (two years for men) or be whipped "no more than 39 times". That section was amended in December 1844 to permit a free slave to be resold on the condition that the slave owner agree to remove them from the territory at the end of the contract, which was held with the provisional government. In effect, that re-established slavery on a temporary basis for three years. The law was repealed in 1845 without any such punishment ever being carried out. On September 21, 1849, the Oregon Territory established its second exclusion law, declaring a ban on "any negro or mulatto to enter into, or reside" in Oregon unless already established there. At least four black people were punished under this law, including Jacob Vanderpool, a sailor, and three others who were eventually permitted to stay. An 1850 census showed fewer than 50 black residents in the state of Oregon, including a mixed-race man from Pennsylvania,

George Washington Bush George Washington Bush (1779 – April 5, 1863) was an American pioneer and one of the first African-American (Irish and African) non-Amerindian settlers of the Pacific Northwest. Early life and education George Bush was born in Pennsylvania ...

, who was forced to move North of the

Columbia River The Columbia River ( Upper Chinook: ' or '; Sahaptin: ''Nch’i-Wàna'' or ''Nchi wana''; Sinixt dialect'' '') is the largest river in the Pacific Northwest region of North America. The river rises in the Rocky Mountains of British Columbia ...

after the first exclusion Law was passed.

George Washington George Washington (February 22, 1732, 1799) was an American military officer, statesman, and Founding Father who served as the first president of the United States from 1789 to 1797. Appointed by the Continental Congress as commander of ...

, another unrelated free man, was the founder of Centralia, Washington. On April 16, 1852,

Robin Holmes Robin Holmes was an African American born into slavery who was the plaintiff of a court case in the Oregon Territory concerning slavery prior to the American Civil War The American Civil War (April 12, 1861 – May 26, 1865; also know ...

, a black slave of

Nathaniel Ford Nathaniel Ford (c. 1795 – January 9, 1870) was an American politician and Oregon pioneer during the time of the Oregon Territory. A native of Missouri, he worked as a sheriff in that state before moving to the Oregon Country where he was select ...

, brought a case to the territorial Supreme Court, charging that he and his family were being held by Ford illegally. '' Holmes v. Ford'' was heard by four judges, culminating in Judge

George Henry Williams George Henry Williams (March 26, 1823April 4, 1910) was an American judge and politician. He served as chief justice of the Oregon Supreme Court, was the 32nd Attorney General of the United States, and was elected Oregon's U.S. senator, and serve ...

' June 1853 ruling that slavery was illegal in Oregon. Descendants of Holmes have since stated that Ford had encouraged the lawsuit as a means to bring an end to slavery in the state. On November 7, 1857, Oregon's delegates to the state Constitutional Convention submitted proposals to legalize slavery and to ban black people from the state, including a ban on signing contracts or owning land. The slavery amendment failed, but the exclusion law passed. Oregon was the only state admitted to the Union with such an exclusion law. There are no records that this law was enforced, and the legislature voted down a proposed 1865 law that would authorize sheriffs to deport black residents in their counties.

1844 law and amendments

The Cockstock incident was a major factor in the passage of the first black exclusion law. It centered on a fight between a Wasco Native American man, Cockstock, and a free black man, James D. Saules, over ownership of a horse. The argument escalated into a melee that killed three men, and led to rhetoric among white settlers that

could create an uprising among local Native American tribes against settlers. On June 24, 1844, within days of the Cockstock Incident, the Oregon Provisional Legislature suspended its rules to allow

Peter Burnett Peter Hardeman Burnett (November 15, 1807May 17, 1895) was an American politician who served as the first elected Governor of California from December 20, 1849, to January 9, 1851. Burnett was elected Governor almost one year before California's ...

to propose a bill "for the prevention of slavery" without reference to a committee. The bill was read twice and voted into law the following day. The bill contained methods of enforcement for the prevention of slavery, which had already been banned in the territory. These laws included a three-year limit on all free black people, and required freed slaves to leave the state within two years, if male, and three years, if female. The initial law proposed "no more than 20" lashings by whip for slaves found in violation of the law, which was amended in December 1844. A week after the law's passage, Burnett wrote in a personal letter that the bill was intended to "keep clear of that most troublesome class of population." Decades later, Burnett publicly described the Exclusion Law as intended to prevent disenfranchised black people from being exposed to politically empowered white people, which he wrote "reminds them of their inferiority", and suggested that their presence was "injurious to the dominant class itself, as such a degraded and practically defenseless condition offers so many temptations to tyrannical abuse". In his ''History of Oregon'', William H. Gray described the law as "inhuman"; Burnett argued that Gray misrepresented the law. The law had an unknown impact on black people in the state, and no records suggest it was ever directly enforced. However, its threatened enforcement against African-American settler George W. Bush led the Bush- Simmons party, which arrived shortly after the law's adoption, to cut a new spur of the Oregon Trail northward across the Columbia River into disputed, British-controlled territory, where they founded the first U.S. settlement on the Puget Sound in present-day Washington State. Concern over the potential applicability of the Exclusion Law (which was understood to forbid Black land ownership) to Washington lands prior to the creation of a separate Washington Territory later led Congress to pass a

private law Private law is that part of a civil law legal system which is part of the '' jus commune'' that involves relationships between individuals, such as the law of contracts and torts (as it is called in the common law), and the law of obligations ...

confirming Bush's title over his lands.

Text of the 1844 law and amendments

Though the official text of the original law has been lost, it was reprinted in several sources at the time. The law as described contained eight sections, and two amendments were added in December 1844. The Oregon exclusion law prohibited free black men and women in the territory, though jurisdiction for the law was limited to the region south of the Columbia river.

December amendment

1849 law

In September 1849, the legislature passed another exclusion law, with a preamble arguing that "it would be highly dangerous to allow free negroes and mulattos to reside in the Territory or to intermix with the Indians, instilling in their minds feelings of hostility against the white race". The 1849 law ordered any black people entering the territory to leave within 40 days. It was applied in 1851 to Jacob Vanderpool, a West Indian who had migrated to Oregon City. A white resident of the city brought a case against Vanderpool, who was arrested and ordered to leave Oregon within 30 days. The family of Abner Hunt Francis were ordered out of the state within 40 days, but were allowed to stay after a petition was signed by 225 citizens. The petition formed the basis of a failed coalition to amend the exclusion law to allow for good behavior bonds by black settlers. The Francis family moved to Canada in 1861. A petition was also used in 1854 to prevent the deportation of Morris Thomas and Jane Snowden. Oregon's congressional delegate, Samuel Thurston, while seeking to limit federal land grants to white people, described the law to congress: The law was repealed in 1854.

1857 law

In 1857, after Oregon voters had voted for

statehood A state is a centralized political organization that imposes and enforces rules over a population within a territory. There is no undisputed definition of a state. One widely used definition comes from the German sociologist Max Weber: a "st ...

, they subsequently called for a constitutional convention. The emergent constitution contained 185 sections, 172 of which were taken from various other state constitutions, with the additions primarily being racial exclusion or finance related. The document enshrined an Exclusion Law into Section 35 of the Bill of Rights within the Oregon State Constitution. The article read as follows:

No free negro or mulatto not residing in this state at the time of the adoption of this constitution, shall come, reside or be within this state or hold any real estate, or make any contracts, or maintain any suit therein; and the legislative assembly shall provide by penal laws for the removal by public officers of all such negroes and mulattoes, and for their effectual exclusion from the state, and for the punishment of persons who shall bring them into the state, or employ or harbor them.

John R. McBride, later a state senator, described the amendment: "It was largely an expression against any mingling of the white with any of the other races, and upon a theory that as we had yet no considerable representation of other races in our midst, we should do nothing to encourage their introduction. We were building a new state on virgin ground; its people believed it should encourage only the best elements to come to us, and discourage others." The question of slavery itself was put to a popular vote, with the public voting against slavery (by a vote of 7,727 to 2,645) but in favor of racial exclusion policies (by a vote of 8640 to 1081). The final constitution barred "negroes, mulattos and Chinamen" from voting or owning land in the state.

Repeal

Oregon's racially discriminatory state constitutional amendment, Section 35, was legally invalidated after the Civil War by the ratification of the 14th Amendment to the federal Constitution in 1868. However, Section 35 remained formally on the books for another 58 years. In 1925, the Oregon legislature proposed the formal repeal of Section 35, adopted as House Joint Resolution 8 (1925). The measure was referred to Oregon voters as a 1926 ballot initiative which was approved with 62.5% in favor. Measure 14 in 2002, approved by a vote of 71–29, removed references to the 1857 referendum from the constitution.

Legacy

From 1850 to 1860, Oregon saw its black population increase by just 75, compared to an increase of 4,000 in neighboring California. Oregon's black exclusion laws have been linked to a below-average black population – two percent – into the present day constitution. Historian Cheryl Brooks has argued that Oregon's small black population has made it difficult for Oregonians to recognize racial discrimination problems in the state.

References

{{reflist, refs= {{Ballotpedia, https://ballotpedia.org/Oregon_Repeal_of_Forbiddance_on_%22Free_Negro_and_Mullato%22_People,_Measure_3_(1926), Oregon Repeal of Forbiddance on "Free Negro and Mullato" People, Measure 3 (1926) {{cite web , url = https://sos.oregon.gov/blue-book/Pages/state/elections/history-introduction.aspx , work = Oregon Blue Book , title = Initiative, Referendum and Recall: 1922-1928 , access-date = 2008-12-02 {{Cite journal, last=Brooks, first=Cheryl A, date=2004, title=Race, Politics, and Denial: Why Oregon Forgot to Ratify the Fourteenth Amendment, url=https://scholarsbank.uoregon.edu/xmlui/bitstream/handle/1794/4561/83_2_731.pdf?sequence=1, journal=Oregon Law Review, volume=83, pages=731–762, via=University of Oregon {{cite journal, last1=Davis, first1=Lenwood G., title=Sources for History of Blacks in Oregon, journal=Oregon Historical Quarterly, date=1972, volume=73, issue=3, pages=196–211, jstor=20613303 {{cite journal, last1=Mahoney, first1=Barbara, title=Oregon Voices: Oregon Democracy: Asahel Bush, Slavery, and the Statehood Debate, journal=Oregon Historical Quarterly, date=2009, volume=110, issue=2, pages=202–227, doi=10.1353/ohq.2009.0099 , jstor=20615958, s2cid=159872966 {{cite journal, last1=Mcclintock, first1=Thomas C., title=James Saules, Peter Burnett, and the Oregon Black Exclusion Law of June 1844, journal=The Pacific Northwest Quarterly, date=1995, volume=86, issue=3, pages=121–130, jstor=40491550 {{cite web, last1=Novak, first1=Matt, title=Oregon Was Founded As a Racist Utopia, url=https://gizmodo.com/oregon-was-founded-as-a-racist-utopia-1539567040, website=Gizmodo, date=21 January 2015 {{Cite news, last=Camhi, first=Tiffany, date=June 9, 2020, title=A Racist History Shows Why Oregon Is Still So White, url=https://www.opb.org/news/article/oregon-white-history-racist-foundations-black-exclusion-laws/, access-date=2020-06-14, work=OPB News, language=en {{cite web, title=Black Exclusion Laws in Oregon, url=https://oregonencyclopedia.org/articles/exclusion_laws/#.WZMxAFGGOUk, website=oregonencyclopedia.org, publisher=Portland State University and Oregon Historical Society, access-date=15 August 2017, language=en