Constitution of Oregon
Preamble
We, the people of the State of Oregon, to the end that justice be established, order maintained, and liberty perpetuated, do ordain this Constitution.
Article I.
Bill of Rights.
Section 1. We declare that all men, when they form a social compact, are equal in rights; that all power is inherent in the people, and all free governments are founded on their authority, and instituted for their peace, safety, and happiness; and they have at all times a right to alter, reform, or abolish the government in such manner as they may think proper. . . .
32. White foreigners who are or may hereafter become residents of this State shall enjoy the same rights in respect to the possession, enjoyment and descent of property as native born citizens. And the Legislative Assembly shall have power to restrain and regulate the immigration to this State of persons not qualified to become citizens of the United States. . . .
Article II.
Suffrage and Elections.
Section 1. All elections shall be free and equal.
2. In all elections, not otherwise provided for by this Constitution, every white male citizen of the United States, of the age of twenty-one years and upwards, who shall have resided in the State during the six months immediately preceding such election; and every white male of foreign birth of the age of twenty-one years, and upwards, who shall have resided in the United States one year, and shall have resided in this State during six months immediately preceding such election, and shall have declared his intention to become of a citizen of the United States, one year preceding such election, conformably to the laws of the United States on the subject of naturalization, shall be entitled to vote at all elections authorized by law. . . .
6. No Negro, Chinaman or mulatto, shall have the right of suffrage. . . .
Article XVIII.
Schedule.
Section 1. For the purpose of taking the vote of the electors of the State for the acceptance or rejection of this Constitution, an election shall be held on the second Monday of November, in the year 1857, to be conducted according to existing laws regulating the election of Delegate in Congress, so far as applicable, except as herein otherwise provided. . . .
4. If this Constitution shall be accepted by the electors, and a majority of all the votes given for and against slavery shall be given for slavery, then the following section shall be added to the Bill of Rights, and shall be part of this Constitution:
"Section __. Persons lawfully held as slaves in any State, Territory, or District of the United States, under the laws thereof, may be brought into this State; and their descendants may be held as slaves within this State, and shall not be emancipated without the consent of their owners."
And if a majority of such votes shall be given against slavery, then the foregoing section shall not, but the following section shall be added to the Bill of Rights, and shall be a part of this Constitution:
"Section __. There shall be neither slavery nor involuntary servitude in this State, otherwise than as a punishment for crime, whereof the party shall have been duly convicted."
And if a majority of all the votes given for and against free negroes shall be given against free negroes, then the following section shall be added to the Bill of Rights, and shall be part of this Constitution:
"Section __. No free negro or mulatto, not residing in this State at the time of the adoption of this Constitution, shall ever come, reside, or be within this State, or hold any real estate, or make any contract, or maintain any suit therein; and the Legislative Assembly shall provide by penal laws for the removal by public officers of all such free 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 therein."
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- Title
- Constitution of Oregon
- Description
- Oregon became a state with a Black exclusion law in its constitution. Drafted in 1857 by delegates at a territorial convention, several sections of the constitution reflect Oregon voters' goal of creating a white-only state.
- Excerpted
- Yes
- Date
- 1859-02-14
- Subject
- African Americans
- Document Type
- Constitution
- Document Category
- Primary Source
- Bibliographic Citation
- Laws of the Territory of Oregon Enacted During the Ninth Regular Session of the Legislative Assembly, Salem, Oregon: Asahel Bush, 1858.
- Digital Repository
- HathiTrust
- Title
- Constitution of Oregon
- Description
- Oregon became a state with a Black exclusion law in its constitution. Drafted in 1857 by delegates at a territorial convention, several sections of the constitution reflect Oregon voters' goal of creating a white-only state.
- Excerpted
- Yes
- Date
- 1859-02-14
- Subject
- African Americans
- Document Type
- Constitution
- Document Category
- Primary Source
- Bibliographic Citation
- Laws of the Territory of Oregon Enacted During the Ninth Regular Session of the Legislative Assembly, Salem, Oregon: Asahel Bush, 1858.
- Digital Repository
- HathiTrust