''Holmes v. Ford'' was an American court case in the

Oregon Territory The Territory of Oregon was an organized incorporated territory of the United States that existed from August 14, 1848, until February 14, 1859, when the southwestern portion of the territory was admitted to the United States, Union as the Oreg ...

that freed a slave family in the territory in 1853. The decision re-affirmed that slavery was illegal in the territory as outlined in the

Organic Laws of Oregon The Organic Laws of Oregon were two sets of legislation passed in the 1840s by a group of primarily American settlers based in the Willamette Valley. These laws were drafted after the Champoeg Meetings and created the structure of a government in ...

that were continued once the region became a U.S. territory. In the decision, Chief Justice of the Oregon Territorial Supreme Court George H. Williams ruled against

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 ...

, freeing the children of Polly and

Robin Holmes Robin Holmes was the plaintiff in an 1852 court case to free his enslaved children in the Oregon Territory. Life Robin Holmes was born enslaved in Virginia in 1810. He stated that he and his wife, Polly, had been enslaved by US Army Major in M ...

Background

Robin Holmes was the slave of Nathaniel Ford, a four-term sheriff of Howard County, Missouri and a major landholder there. In 1844, Ford, facing mounting debts, mortgaged Holmes' oldest children, Eliza, Clarisa and William, to another slave owner before migrating to the area of present-day Rickreall in Polk County. Holmes; Holmes' wife, Polly, and their youngest children, Mary Jane, James, and Roxanna, were taken to Oregon, despite the territory's ban on slavery. In 1850, Ford released Robin and Polly from slavery, keeping four of the Holmes' children and threatening to sell the entire family back to Missouri.

Case

Holmes filed a case against Ford in Polk County, charging that his family was being kept illegally, and requesting a writ of habeas corpus to compel Ford to free the children. Ford waited one year to respond to the summons, claiming the papers had been lost in a coat pocket. In fact, Ford was seeking arrangements to transport the family back to Missouri, as threatened. Three judges refused Holmes' case, which was brought to court by lawyer Reuben P. Boise. Ford argued that he had freed the Holmes' under the terms of his agreement, having asked Holmes to work for Ford's son digging gold in California and had arranged to house and care for Holmes' wife and children, despite that they were unfit for work. Having now become old enough to work, Ford argued that he should be able to keep them as slaves until the daughters turned 18 and the sons turned 20. In 1853, George H. Williams was named chief justice of the Territorial Supreme Court, and within weeks ruled against Ford and ordered the children returned to Robin and Polly Holmes. Williams described the case as "the last effort made to hold slaves in Oregon by force of law."

Legacy

This was the last challenge by pro-slavery elements in the territory to retain slavery. Then ten years later during the

American Civil War The American Civil War (April 12, 1861May 26, 1865; also known by Names of the American Civil War, other names) was a civil war in the United States between the Union (American Civil War), Union ("the North") and the Confederate States of A ...

, 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

Emancipation Proclamation The Emancipation Proclamation, officially Proclamation 95, was a presidential proclamation and executive order issued by United States President Abraham Lincoln on January 1, 1863, during the American Civil War. The Proclamation had the eff ...

that would lead to the freeing of slaves in the parts of the

United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...

in rebellion. The Thirteenth Amendment officially freed slaves in the remainder of the

and outlawed slavery.

References

External links

Classroom Law Project: Early Oregon HistoryThe ''Holmes v. Ford'' Case
- Oregon State Archives
''Oregon Historical Quarterly''
{{Oregon Pioneer History 1853 in Oregon Territory 1853 in United States case law + African-American history of Oregon Law articles needing an infobox Legal history of Oregon Oregon state case law United States slavery case law

Background

Case

Legacy

See also

References

Further reading

External links