Malcolm Rivera
The Oregon Constitution, first ratified in 1857, was drafted at a time when the territory was seeking statehood. The document was shaped by concerns over slavery and the desire to avoid higher taxes. The original constitution included slavery and free Black exclusion clauses, which were voted on separately. While an overwhelming majority voted in favour of the constitution, it faced opposition in the U.S. House of Representatives, where it was narrowly accepted in 1859.
| Characteristics | Values |
|---|---|
| Date of enactment | 1857 |
| Date of ratification | 9 November 1857 |
| Date Oregon became a state | 14 February 1859 |
| Number of sections | 18 |
| Number of amendments | 260 |
| Last amendment | 5 November 2024 |
| Voter approval required for amendments? | Yes |
| Voter approval for legislative amendment | Simple majority |
| Voter approval for citizen-initiated amendment | Majority of valid signatures of 8% of total voters |
| Voter approval for convention-referred amendment | Referendum vote at a regular general election |
| Original vote count | 7,195 to 3,195 |
| First amendment | 1902 |
| First amendment vote count | 91.63% |
| First amendment purpose | Establish an initiative and referendum process |
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What You'll Learn
- The electorate of Oregon Territory shifted direction in 1857, voting in favour of a state constitution
- Growing concerns over the slavery question influenced the vote
- The US House of Representatives was split and voted to accept the constitution by a close vote in 1859
- The Oregon Constitution was not amended until 1902 when voters approved Measure 1
- Oregon's constitution is easier to amend than its federal counterpart
The electorate of Oregon Territory shifted direction in 1857, voting in favour of a state constitution
The Oregon Constitution, first enacted in 1857, was drafted at the Oregon Constitutional Convention, where leaders of the territory gathered to outline a framework for governance. This included the powers, structure, and limitations of the state government, individual and civil rights, and other matters.
The vote in 1857 was not the first attempt to organise a state constitutional convention. Similar motions had been defeated in 1854, 1855, and 1856 due to fears that statehood would lead to higher taxes. However, in 1857, the territory's electorate, consisting of white men over the age of twenty-one, voted in favour of the constitution by a significant margin of 7,195 to 3,195. This vote indicated a shift in sentiment, with the electorate now embracing the idea of statehood and a desire to shape the future of their state, including its stance on slavery.
The Oregon Constitution, submitted to the voters on November 9, 1857, included slavery and free Black exclusion clauses. The electorate voted in favour of the constitution, with an even larger majority voting against slavery and free Blacks residing in the state. This vote reflected a complex political landscape, with Justice Williams noting that some voters supported the negro exclusion clause to secure the success of the free-state clause, despite their personal objections.
The U.S. Senate quickly ratified Oregon's constitution, but the House of Representatives was divided. After a contentious debate, they narrowly voted to accept it on February 12, 1859, paving the way for Oregon's statehood. Oregon became the 33rd state on February 14, 1859, and its constitution has been amended numerous times since to reflect the evolving needs and values of its citizens.
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Growing concerns over the slavery question influenced the vote
The struggle to ratify Oregon's constitution was influenced by a range of factors, one of the key concerns being the issue of slavery. The slavery question loomed large over the proceedings and influenced the vote in a significant way. As the nation grappled with the issue of slavery in the mid-19th century, the debate over whether Oregon would be a slave state or a free state intensified. This was a critical question as it would have far-reaching implications for the future of the state and the country. The Oregon Country, as it was known before statehood, had a complicated history with slavery. Initially, the region had been a part of the Missouri Compromise of 1820, which prohibited slavery north of the parallel 36°30′ north. However, this boundary was redrawn by the Oregon Treaty of 1846, which established the 49th parallel as the border between the United States and British North America. This change in boundary lines fueled concerns about the legal status of slavery in the region.
As the debate over slavery intensified in the lead-up to the drafting of Oregon's constitution, there were strong opinions on both sides. Those who supported slavery argued that it was crucial for the economic development of the state, particularly in the context of agriculture and the need for labor. On the other hand, abolitionists and those opposed to slavery highlighted the moral and ethical implications of the practice, advocating for freedom and equality for all. The tensions and divisions ran deep, not just between individuals but also within political parties. The Democratic Party, for example, was divided, with some members supporting slavery and others vehemently opposed to it. This internal conflict added complexity to the vote and the broader political landscape.
The slavery question also intersected with other issues, such as states' rights and the role of the federal government. Some Oregonians advocated for state sovereignty and the right to self-determination, arguing that the decision on slavery should be left to the state itself rather than being dictated by the federal government. This stance reflected a broader trend in the country at the time, with states' rights becoming an increasingly prominent issue. The complexities and sensitivities surrounding the slavery question made it a challenging and emotionally charged topic. As a result, the vote on Oregon's constitution became a pivotal moment, not just for the state but also for the broader national debate on slavery and its place in American society.
The influence of the slavery question on the vote was significant, and it played a key role in shaping the outcome. The final draft of Oregon's constitution included a provision that explicitly prohibited slavery within the state. This decision was influenced by the strong anti-slavery sentiment among a significant portion of the state's population, as well as the efforts of abolitionists who had actively campaigned against slavery in the region. The inclusion of this provision sent a clear message about Oregon's stance on slavery and helped to alleviate some of the concerns of those who opposed it. Ultimately, Oregon's constitution was approved, and the state was admitted to the Union as a free state in 1859, contributing to the growing tensions that would eventually lead to the American Civil War.
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The US House of Representatives was split and voted to accept the constitution by a close vote in 1859
The Oregon Constitution was drafted in 1857 and ratified on November 9 of that year. It went into effect on February 14, 1859, when Oregon became a state. The constitution was approved by a vote of 7,195 to 3,195. However, the road to approval was not without its challenges.
The constitution included slavery and free Black exclusion clauses, which were submitted to the voters of Oregon, who were white men over the age of twenty-one, on November 9, 1857. While an even larger majority voted against slavery, a larger majority also voted against allowing free Blacks to reside in the state. This clause was included, as Chief Justice of the Oregon Territory George H. Williams wrote, to "secure the success of the free state clause of the constitution".
The US Senate quickly ratified Oregon's constitution, but the US House of Representatives was divided. After a bitter debate, the House voted to accept the constitution by a close vote on February 12, 1859, just two days before Oregon officially became a state.
The delay in approval by the House of Representatives can be attributed to the divided nature of the chamber at the time. The issue of slavery was a contentious one, and it is likely that the inclusion of the free Black exclusion clause in the Oregon Constitution contributed to the close vote. The vote took place against the backdrop of growing concerns over the slavery question, which Williams called the "paramount issue" in Oregon at the time. Democrats sought to consolidate their power, despite splits in the party over slavery, while anti-Democrats wanted to avoid having slavery imposed upon them by the federal government.
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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 Oregon Constitution was not amended until 1902 when voters approved Measure 1
The Oregon Constitution, originally enacted in 1857, was not amended until 1902. On November 9, 1857, Oregon voters approved its first constitution, which became effective when Oregon became a state on February 14, 1859. The constitution was unchanged for the remainder of the 19th century.
In 1902, voters approved Measure 1 to establish an initiative and referendum process. This process allowed Oregon voters to propose and approve amendments to the constitution and to the Oregon Revised Statutes. The measure was approved with 91.63% of the vote. With this, Oregon became the third state, after South Dakota and Utah, to adopt the initiative and referendum process.
The Oregon Constitution can be amended with a legislative, citizen-initiated, or convention-referred constitutional amendment. All amendment processes require voter approval. Amendments can be proposed in either house of the state legislature, and to earn a spot on the ballot, a majority of all the members elected to each of the two houses must vote in favour of the proposed amendment. A simple majority of favourable votes is enough to ratify an amendment.
Placing a petition for an amendment on the ballot requires valid signatures from registered voters equal to 8% of the total number of votes cast in the last gubernatorial election. This is a higher threshold than the 6% required for a change in statute.
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Oregon's constitution is easier to amend than its federal counterpart
The Oregon Constitution is the governing document of the U.S. state of Oregon, originally enacted in 1857. It has been amended numerous times since 1902, with the introduction of a direct legislation system that empowers Oregon voters to propose and approve amendments.
The Oregon Constitution provides four different paths for amending the document, demonstrating its flexibility and adaptability. This is in stark contrast to the more stringent requirements for amending the U.S. Constitution. The four paths outlined in the Oregon Constitution include legislative, citizen-initiated, and convention-referred constitutional amendments, all of which require voter approval.
The legislative path involves proposing amendments in either house of the state legislature, with a majority vote required in each house to earn a spot on the ballot. The citizen-initiated path, also known as the initiative petition process, allows citizens to propose amendments directly. To get an initiative amendment on the ballot, valid signatures equalling eight per cent of the total votes cast in the last gubernatorial election are needed, which is a higher bar than the six per cent required for a change in statute.
The convention-referred path requires that a referendum to hold a constitutional convention first be approved by voters in a general election. Finally, amendments can also be proposed through a combination of these paths, with the legislature putting a citizen-initiated amendment on the ballot through a special election.
The ease of amending Oregon's Constitution has led to frequent changes, with the document being amended 260 times as of 2024. This adaptability allows the state to respond to the evolving needs and preferences of its citizens.
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Frequently asked questions
The Oregon Constitution was approved by Oregon voters on November 9, 1857, and went into effect when Oregon became a state on February 14, 1859.
The Oregon Constitution was approved by a vote of 7,195 to 3,195.
The Oregon Constitution was drafted in the context of growing concerns over the slavery question, which Chief Justice of the Oregon Territory George H. Williams called the "paramount issue" at the time. Democrats sought to consolidate their power despite splits in the party over slavery, while anti-Democrats wanted to avoid having slavery forced upon them by the federal government.
The electorate of Oregon Territory had defeated motions to organize a state constitutional convention in 1854, 1855, and 1856 due to fears that statehood would bring higher taxes. It was only in 1857 that the electorate voted overwhelmingly in favor of drafting a state constitution, influenced by the growing concerns around slavery.
The original Oregon Constitution contained a bill of rights, outlined the divisions of power within the state government, listed election times, and defined state boundaries and the capital as Salem. Notably, it also included slavery and free Black exclusion clauses, with the latter being removed in 1927.
