Kara Sears
Oregon has a long history of exclusionary laws that have forced minorities out of the state. In 1843, the Provisional Government of Oregon established a set of organic laws, including a ban on slavery. The Oregon exclusion law prohibited free black men and women in the territory, with exceptions made for those who were already in the territory. The law was amended in 1844 to force black and mulatto settlers to leave Oregon within three years (two years for men) or be whipped no more than 39 times. This was amended once again in December 1844 to allow for the resale of freed slaves on the condition that the slave owner agreed to remove them from the territory at the end of the contract. In 1859, Oregon became the only state admitted to the Union with an Exclusion Clause in its constitution. The racist language in Oregon's constitution was not removed by voters until 2002, with the formal repeal of Section 35, which had barred negroes, mulattos and Chinamen from voting or owning land in the state.
| Characteristics | Values |
|---|---|
| Date of removal of racist language from Oregon Constitution | 2002 |
| Date of removal of reference to 1857 referendum from the constitution | 2002 |
| Date of formal repeal of Section 35 | 1926 |
| Date of legal invalidation of Section 35 | 1868 |
| Date of Oregon Black Exclusion Bill | 1859 |
| Date of Oregon Organic Laws | 1843 |
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What You'll Learn
Oregon's Black exclusion laws were invalidated in 1868
The Black exclusion laws in Oregon were rooted in the state's early history, with the Provisional Government of Oregon establishing a ban on slavery in 1843. While this indicated a rejection of slavery, it also reflected a desire to exclude Black people from the state. This sentiment led to the first Black exclusion law in 1844, which forced Black and mulatto settlers to leave Oregon within a specified time frame or face corporal punishment.
In 1859, Oregon became the only state admitted to the Union with an Exclusion Clause in its constitution, prohibiting Black people from residing in the state, owning property, or making contracts. This clause was incorporated into the Bill of Rights and remained in place even after the Civil War. While it was rarely enforced, it effectively deterred Black individuals from settling in Oregon.
It was not until the ratification of the 14th Amendment in 1868 that Oregon's Black exclusion laws were legally invalidated. However, the discriminatory language of the Exclusion Clause remained in the state constitution. It was not until 1926, following a ballot initiative, that Oregon voters formally repealed Section 35 of the state constitution, which contained the exclusionary provision.
The legacy of Oregon's Black exclusion laws and its history of racism have contributed to the state's demographics today. Despite efforts towards reconciliation and systemic change, Oregon remains one of the least diverse states in the nation, with a small minority population and a high percentage of white residents.
In summary, Oregon's Black exclusion laws, rooted in racism and enacted through discriminatory policies, were invalidated by the 14th Amendment in 1868. However, the impact of these laws has persisted, and the state continues to grapple with its racist history and strive for greater diversity and inclusion.
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The law was not formally repealed until 1926
Oregon has a long history of exclusionary laws that have forced minorities out of the state. The Oregon exclusion law prohibited free black men and women in the territory, with the law specifying that "it shall not be lawful for any negro or mulatto to enter into, or reside" in Oregon. The law targeted African American seamen and was based on the fear that Black people would conspire with Native tribes and threaten the growing monopoly over the land.
The law was rescinded in 1854, but in 1857, an exclusion clause was added to the Oregon State Constitution, which prohibited Black people from being in the state, owning property, and making contracts. This clause was never enforced, but it was also not formally repealed until 1926. In 1925, the Oregon legislature proposed the formal repeal of Section 35, which was then referred to Oregon voters as a 1926 ballot initiative that was approved with 62.5% in favor.
The racist language in Oregon's constitution was not fully removed until 2002, when Measure 14 removed references to the 1857 referendum from the constitution. Oregon remains one of the least diverse states in the nation, and its history of racism and exclusionary laws is a large reason for the small minority population today.
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Oregon's Black population remains below-average
Oregon has a long history of racist exclusionary laws, which have contributed to its below-average Black population, which remains at around 2% today.
Oregon's Black exclusion laws were a set of organic laws established by the Provisional Government of Oregon in 1843, which included a ban on slavery. However, the laws also prohibited free Black men and women from entering the territory, with exceptions for those already residing there. These laws were amended in 1844 to force Black and mulatto settlers to leave the territory within a specified time frame, or face corporal punishment in the form of whipping. The Oregon exclusion law specifically targeted African American seamen, with at least one person, Jacob Vanderpool, being expelled under the law.
In 1859, Oregon became the only state admitted to the Union with an Exclusion Clause in its constitution, which prohibited Black people from residing in the state, owning property, or making contracts. This clause was never enforced, but it sent a clear message of exclusion and contributed to the state's low Black population. The clause was rendered moot by the 14th Amendment to the U.S. Constitution in 1868, but it remained in the state constitution until voters removed it in 1926.
Oregon's history of exclusionary laws, such as the Oregon Donation Land Act of 1850, which granted free land to white settlers while excluding minorities, has had a lasting impact on the state's demographics. The state's population remains predominantly white, with estimates from 2019 showing it at nearly 87% white, and the Black population at just over 2%. While the discriminatory laws have been repealed, experts attribute the small minority population to Oregon's lengthy history of racism and the delay in removing racist language from its constitution, which wasn't accomplished until 2002.
Despite some progress, Oregon continues to grapple with its racist history and the systemic changes needed to create a more inclusive society. Activists and artists like Cleo Davis, Kayin Talton Davis, and Imarisha are working to preserve and celebrate African American history in the state, while also pushing for societal changes that promote freedom, justice, and liberation for Black people and other people of color.
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The law was rooted in anti-Black racism
The Oregon exclusion law, also known as the Black exclusion law, was deeply rooted in anti-Black racism. The law, which was enacted in 1844, prohibited free Black men and women from entering or residing in the territory of Oregon. The law was a response to the growing number of Black settlers in the region and the fear that they would intermix with Indians, instilling into their minds feelings of hostility toward the white race. The law was also influenced by the belief that the presence of Black people in Oregon would lead to slavery, which the settlers were strongly against.
The Oregon exclusion law was not unique to the state, as other states in the Union had similar laws in place. However, Oregon took it a step further by including an exclusion clause in its constitution, which prohibited Black people from being in the state, owning property, and making contracts. This made Oregon the only free state admitted to the Union with such a clause. The clause was never enforced, but it still had a significant impact on the state's Black population, which remains low to this day.
The law was also enforced through violent means, such as lashing, and by granting free land to whites while excluding non-whites from claiming land. In addition, the law was not just targeted at Black people, but also at mulattos and Chinamen, reflecting the broader anti-Asian sentiment in the country at the time.
The Oregon exclusion law was legally invalidated after the Civil War by the ratification of the 14th Amendment to the federal Constitution in 1868. However, it took much longer for the racist language to be removed from the state constitution. It wasn't until 1926 that the exclusion clause was formally repealed, and even then, other racist language remained. It wasn't until 2002 that all racist language was finally removed from Oregon's constitution.
The impact of the Oregon exclusion law can still be felt today. Oregon remains one of the least diverse states in the nation, with a low minority population. The lengthy history of racism and exclusionary laws has contributed to this lack of diversity.
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Oregon's racist constitutional language was removed in 2002
Oregon has a long history of exclusionary laws that have forced minorities out of the state. In 1843, the Provisional Government of Oregon established a set of organic laws, including a ban on slavery. The law was amended in 1844 to prohibit slavery, give slaveholders a deadline to remove their slaves from the state, and free slaves if their owners refused to do so. This amendment also included a ban on all free Black people and mulattos, forcing them to leave the territory within a specified time frame or face corporal punishment.
The Oregon exclusion law prohibited free Black men and women from entering the territory, with exceptions made for those who were already residing there. The law specifically targeted African American seamen, with the stated concern that they would \"intermix with Indians, instilling into them feelings of hostility toward the white race." The law was rescinded in 1854, but it set the tone for future exclusionary laws in the state.
In 1859, Oregon became the only state admitted to the Union with an Exclusion Clause in its constitution, which prohibited Black people from residing in the state, owning property, or making contracts. This clause was never enforced, but it sent a clear message about the state's attitude towards racial minorities.
It wasn't until 1926 that the Black exclusion clause was removed from Oregon's constitution, and even then, the state's racist language remained. The final constitution barred "negroes, mulattos, and Chinamen" from voting or owning land. While this discriminatory language was invalidated by the 14th Amendment to the federal Constitution in 1868, it remained formally on the books until voters approved its removal in 2002.
In recent years, Oregon has taken steps towards reconciliation and systemic change. With the renewed Black Lives Matter movement and efforts like Portland Public Schools ending its contract with the Portland Police Bureau, there is hope for profound societal changes for Black people and other people of color in the state.
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Frequently asked questions
Oregon voters removed racist language from the state constitution in 2002.
The Oregon exclusion law, also known as the Black exclusion law, prohibited free Black men and women from entering or residing in the territory. It also barred them from owning land, voting, and making contracts.
The Oregon exclusion law was passed in 1859 when Oregon became the only state admitted to the Union with an exclusion clause in its constitution.
The Oregon exclusion law was legally invalidated after the Civil War by the ratification of the 14th Amendment to the federal Constitution in 1868. However, it was not formally repealed until 1926 when Oregon voters approved a ballot initiative to remove it.
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