Malcolm Rivera
Oregon has a long history of exclusionary laws and racist language in its constitution, which has been shaped by three Black exclusion laws. In 1843, the Provisional Government of Oregon established a ban on slavery, but this was followed by exclusionary laws in 1844 and 1849, which banned Black people from living in the territory for more than three years. In 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. In 1859, Oregon was admitted to the Union with an Exclusion Clause in its constitution, prohibiting Black people from being in the state, owning property, and making contracts. While the clause was never enforced, it was not repealed by voters until 1926. Other racist language in the state constitution, such as free Negroes and mulattoes, was removed in 2002, with 70% of Oregon voting in favour.
| Characteristics | Values |
|---|---|
| Racially exclusive language removed from Oregon Constitution | 2002 |
| Date of Oregon's statehood | 1859 |
| Date of Oregon's first exclusion law | 1844 |
| Date of Oregon's second exclusion law | 1849 |
| Date Oregon's exclusion laws were repealed | 1926 |
| Date of Oregon's ratification of the 14th Amendment | 1866, rescinded in 1868, re-ratified in 1973 |
| Date of Oregon's ratification of the 15th Amendment | 1959 |
| Date of Oregon's Black exclusion laws | 1843, 1844, 1857 |
| Date of racist language removal from Oregon Constitution | 2002 |
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What You'll Learn
Oregon's Black exclusion laws
The second exclusion law was enacted by the Territorial Legislature on September 21, 1849, banning "any negro or mulatto to enter into, or reside" in Oregon unless they were already established there. This law targeted African American seamen who might be tempted to jump ship. An 1850 census showed fewer than 50 Black residents in the state of Oregon, and at least four Black people were punished under this law, including Jacob Vanderpool, a sailor, and three others who were eventually permitted to stay.
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 became the only state admitted to the Union with such an exclusion law in its constitution. The law was never enforced, although several attempts were made in the legislature to pass an enforcement law. The 1865 legislature rejected a proposal for a county-by-county census of Black people that would have authorized the county sheriffs to deport them.
The exclusion laws were rarely enforced but they did succeed in establishing Oregon as a majority-white state. According to a 2019 estimate, Oregon's population was nearly 87% white, while the state's Black population was just over 2%. The exclusion laws were all later rescinded, and the racist language in Oregon's constitution was not removed by voters until 2002.
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The 14th Amendment
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. The 14th Amendment to the U.S. Constitution was passed, granting citizenship to black people.
> "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
While the 14th Amendment rendered racially exclusive language in the Oregon Constitution unenforceable, it remained in the document. In 1925, the Oregon legislature proposed the formal repeal of Section 35, which was approved by voters in 1926 with 62.5% in favour. Racist language was not fully removed from the Oregon Constitution until 2002, when Measure 14 was passed with 71% of the vote.
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Oregon's racial makeup
Oregon became the only free 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. While the clause was never enforced, it reflected the state's racist foundations. The 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, it was only formally repealed in 1926, and other racist language remained in the constitution until 2002.
Today, Oregon's racial makeup is still predominantly white, with a significant decrease in the Black population over time. According to 2019 estimates, Oregon's population was about 87% white, with the state's Black population at just over 2%. More recent data from 2023 shows that 72.3% of Oregon's population identified as White (Non-Hispanic), while 4.38% were Asian (Non-Hispanic), and 4.29% were White (Hispanic). People of color made up 21.3% of Oregon's population between 2018 and 2022, with the fastest-growing racial group being those who identified with two or more races. The state also has a significant Hispanic or Latino population, with 13.3% identifying as such, and this group makes up the largest share of foreign-born adults in the state.
Oregon's Asian population has the highest proportion of foreign-born residents, with nearly two-thirds being born outside the country. Other groups with high proportions of foreign-born residents include those identifying as some other race (35.9%), Native Hawaiian or Pacific Islander (31.0%), and Hispanic or Latino (28.7%). The state's racial and ethnic diversity varies by county, with Jefferson County having the highest percentage of people of color at 34.8%, followed by Washington County at 31.3%. The racial makeup of Oregon is expected to become more diverse over time, although long-range projections are challenging due to unforeseen events and societal changes.
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![Statutes and Constitution Relating to Elections in the State of Oregon, 1915, Comp. from Lord'S Oregon Laws and the Session Laws of 1911, 1913, and 1915. Also Such Provisions 1915 [Leather Bound]](https://m.media-amazon.com/images/I/617DLHXyzlL._AC_UY218_.jpg)
The Fifteenth Amendment
Oregon's history is steeped in racial exclusion and discriminatory policies, which were enshrined in its constitution. The state's racist language was only removed from the constitution in 2002, almost a century after the racially exclusive laws were repealed.
The amendment text states: "The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude." This amendment not only protected the voting rights of racial minorities but also emphasized the importance of equality and inclusion in the democratic process.
Despite the ratification of the Fifteenth Amendment, Oregon continued to struggle with racial tensions and discrimination. In the late 19th century, anti-Chinese sentiment rose, leading to expulsion and exclusion efforts. In the 20th century, Portland became a hotspot for neo-Nazi activity, and racist language remained in the state constitution until its removal in 2002.
The journey toward racial equality in Oregon has been long and challenging. While the Fifteenth Amendment guaranteed voting rights for racial minorities, the state's history of exclusionary policies and racist language in its constitution highlights the deep-rooted nature of racial discrimination. The removal of this language in 2002 was a significant step forward, demonstrating a commitment to creating a more inclusive and just society.
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Anti-Chinese sentiment
In 1922, racially exclusive language was removed from the Oregon Constitution, marking a significant step towards racial equality in the state. This change was long overdue, as the state had a troubled history of racial discrimination, particularly towards Chinese immigrants, which had been institutionalized since its early days as a territory. The anti-Chinese sentiment in Oregon dated back to the mid-19th century, when large-scale Chinese immigration to the West Coast began. The Chinese immigrants were largely drawn to the region by the promise of work on infrastructure projects, such as the building of the railroads, and in mining. However, as their population grew, so too did the resentment and suspicion from the white settlers already residing there.
This animosity manifested in violent ways, with the most notorious incident being the Chinese Massacre of 1887 in Portland. A false rumor that a Chinese man had murdered two white men resulted in a mob of over 300 people descending on Chinatown, beating and shooting Chinese residents, and burning their homes and businesses. Ultimately, over 300 Chinese men were forcibly removed from the city, and at least two were killed. This event reflected the deep-seated racism and xenophobia of the time, and the Chinese community in Oregon continued to face discrimination and marginalization in the following decades. They were blamed for economic woes and were used as scapegoats during times of financial crisis, which only fueled further anti-Chinese sentiment.
The anti-Chinese sentiment in Oregon was also institutionalized through laws and policies that restricted the rights and opportunities of Chinese immigrants. One of the most significant examples was the Oregon Constitution of 1857, which included a clause that prohibited black and mulatto people from migrating to the state, and also prevented them from owning property or making contracts. While this clause did not specifically mention the Chinese, it set a precedent for racial exclusivity and contributed to an environment that was hostile towards all non-white groups. It wasn't until 1914 that a new amendment was added to the constitution, specifically targeting the Chinese and Japanese populations, prohibiting them from owning land or property in the state.
It took another eight years for this racially exclusive language to be removed from the constitution, and it was only achieved through a complex interplay of political, social, and economic factors. The removal of these discriminatory clauses was a result of shifting political alliances, the influence of the federal government, and the work of civil rights activists. Finally, in 1922, Oregon voters approved the removal of the racially exclusive language, taking a significant step towards racial equality and away from its discriminatory past. This change reflected a growing recognition of the inherent equality of all races and a move towards a more inclusive and just society.
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Frequently asked questions
Racially exclusive language was removed from the Oregon Constitution in 2002.
Measure 14.
71% of voters approved Measure 14.
Racist terms removed from the Oregon Constitution include "negroes", "mulattoes", "whites", and "free Negroes and mulattoes".
