Oregon Constitutional Convention
Encyclopedia
The Oregon Constitutional Convention in 1857 drafted the Oregon Constitution
in preparation for the Oregon Territory
to become a U.S. state
. Held from mid-August through September, 60 men met in Salem, Oregon
, and created the foundation for Oregon's law. The proposal passed with a vote of 35 for adoption to 10 against. Oregon then became the 33rd state of the Union on February 14, 1859.
was decided with the United States gaining sole possession of all disputed land south of the 49th degree of latitude. Afterward, on August 14, 1848, the United States government created the Oregon Territory, and in 1853 the northern and eastern sections of the territory became the Washington Territory
. In 1854 and 1855 bills in the Territorial Legislature
pressing for statehood for the territory were defeated. Then on December 12, 1856, the legislature passed a bill authorizing a convention to establish a constitution. On June 1, 1857, the voters in the territory approved the resolution and elected delegates to a constitutional convention. The vote was 7,209 in favor of holding a convention to 1,616 against the proposal.
On August 17, 1857, 60 delegates selected by the voters met in Salem to write a state constitution in preparation of statehood. This body then selected officers, set up rules (45 in total) for the meeting, and divided into committees on various subjects such as military, judicial, legislative, and elections. At the Convention, Chester N. Terry was elected as the secretary of the group, while several people served at different times as the chairperson including William W. Bristow, Asa Lovejoy
, Delazon Smith
, and La Fayette Grover
. Judge Matthew Deady
served as the president of the convention. The group also settled a the debate over a disputed seat at the convention in favor of Perry B. Marple over F. G. Lockhart to represent Coos County
. Thirty-four of the delegates were farmers, while 18 were lawyers, including the three justices of the Oregon Supreme Court
. Two of the delegates were newspaper editors, five were miners, and another was a civil engineer.
The main debates concerning a constitution revolved around slavery
and the exclusion of Blacks
, liquor laws, and what would be the boundaries of the new state. After meeting for 31 days, the convention ended on September 18, when the delegates voted to approve the document as the constitution. The final tally was 35 votes for passage and 10 against; 15 members of the convention were absent and did not vote. The document was modeled after Indiana's 1851 Constitution and included a provision that denied the right to vote to “negro, Chinaman or mulatto” citizens in the state to be, and though female suffrage was discussed, women were also denied the right to vote. The final draft submitted to the populace contained a total of 18 articles. Over half of the document's content was derived in part from the Indiana constitution.
to press for statehood.
Oregon then waited on the United States Congress
to accept the constitution and approve Oregon for statehood. Due to the ongoing debate over slavery in the country as the nation approached the American Civil War
, the U.S. Senate
did not pass legislation to bring Oregon into the Union until 1859, when Oregon became the 33rd state on February 14. The Oregon Constitution was not altered until 1902.
Oregon Constitution
The Oregon Constitution is the governing document of the U.S. state of Oregon, originally enacted in 1857. As amended the current state constitution contains eighteen sections, beginning with a bill of rights. This contains most of the rights and privileges granted in the United States Bill of...
in preparation for the Oregon Territory
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 Union as the State of Oregon. Originally claimed by several countries , the region was...
to become a U.S. state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
. Held from mid-August through September, 60 men met in Salem, Oregon
Salem, Oregon
Salem is the capital of the U.S. state of Oregon, and the county seat of Marion County. It is located in the center of the Willamette Valley alongside the Willamette River, which runs north through the city. The river forms the boundary between Marion and Polk counties, and the city neighborhood...
, and created the foundation for Oregon's law. The proposal passed with a vote of 35 for adoption to 10 against. Oregon then became the 33rd state of the Union on February 14, 1859.
Background
In June 1846 the Oregon QuestionOregon boundary dispute
The Oregon boundary dispute, or the Oregon Question, arose as a result of competing British and American claims to the Pacific Northwest of North America in the first half of the 19th century. Both the United Kingdom and the United States had territorial and commercial aspirations in the region...
was decided with the United States gaining sole possession of all disputed land south of the 49th degree of latitude. Afterward, on August 14, 1848, the United States government created the Oregon Territory, and in 1853 the northern and eastern sections of the territory became the Washington Territory
Washington Territory
The Territory of Washington was an organized incorporated territory of the United States that existed from February 8, 1853, until November 11, 1889, when the final extent of the territory was admitted to the Union as the State of Washington....
. In 1854 and 1855 bills in the Territorial Legislature
Oregon Territorial Legislature
Oregon’s Territorial Legislature was a bicameral legislative body created by the United States Congress in 1848 as the legislative branch of the government of the Oregon Territory...
pressing for statehood for the territory were defeated. Then on December 12, 1856, the legislature passed a bill authorizing a convention to establish a constitution. On June 1, 1857, the voters in the territory approved the resolution and elected delegates to a constitutional convention. The vote was 7,209 in favor of holding a convention to 1,616 against the proposal.
Convention
Asa Lovejoy
Asa Lawrence Lovejoy was an American pioneer and politician in the region that would become the U.S. state of Oregon. He is best remembered as a founder of the city of Portland, Oregon...
, Delazon Smith
Delazon Smith
Delazon Smith was a Democratic Party politician who briefly represented the state of Oregon in the U.S. Senate in 1859. He served for less than one month , making his term among the shortest on record in the Senate...
, and La Fayette Grover
La Fayette Grover
La Fayette Grover was a Democratic politician and lawyer from the US state of Oregon. He was the fourth Governor of Oregon, serving from 1870 to 1877...
. Judge Matthew Deady
Matthew Deady
Matthew Paul Deady was a politician and jurist in the Oregon Territory and the state of Oregon of the United States. He served on the Oregon Supreme Court from 1853 to 1859, at which time he was appointed to the newly created federal court of the state...
served as the president of the convention. The group also settled a the debate over a disputed seat at the convention in favor of Perry B. Marple over F. G. Lockhart to represent Coos County
Coos County, Oregon
-National protected areas:*Bandon Marsh National Wildlife Refuge*Oregon Islands National Wildlife Refuge *Siskiyou National Forest *Siuslaw National Forest - Incorporated cities:- Unincorporated communities and CDPs:-See also:...
. Thirty-four of the delegates were farmers, while 18 were lawyers, including the three justices of the Oregon Supreme Court
Oregon Supreme Court
The Oregon Supreme Court is the highest state court in the U.S. state of Oregon. The only court that may reverse or modify a decision of the Oregon Supreme Court is the Supreme Court of the United States. The OSC holds court at the Oregon Supreme Court Building in Salem, Oregon, near the capitol...
. Two of the delegates were newspaper editors, five were miners, and another was a civil engineer.
The main debates concerning a constitution revolved around slavery
Slave state
In the United States of America prior to the American Civil War, a slave state was a U.S. state in which slavery was legal, whereas a free state was one in which slavery was either prohibited from its entry into the Union or eliminated over time...
and the exclusion of Blacks
Black people
The term black people is used in systems of racial classification for humans of a dark skinned phenotype, relative to other racial groups.Different societies apply different criteria regarding who is classified as "black", and often social variables such as class, socio-economic status also plays a...
, liquor laws, and what would be the boundaries of the new state. After meeting for 31 days, the convention ended on September 18, when the delegates voted to approve the document as the constitution. The final tally was 35 votes for passage and 10 against; 15 members of the convention were absent and did not vote. The document was modeled after Indiana's 1851 Constitution and included a provision that denied the right to vote to “negro, Chinaman or mulatto” citizens in the state to be, and though female suffrage was discussed, women were also denied the right to vote. The final draft submitted to the populace contained a total of 18 articles. Over half of the document's content was derived in part from the Indiana constitution.
Members
All members of the convention and what county they represented:- Levi Anderson, WashingtonWashington County, Oregon- Major highways :* Interstate 5* Interstate 205* U.S. Route 26* Oregon Route 6* Oregon Route 8* Oregon Route 10* Oregon Route 47* Oregon Route 99W* Oregon Route 210* Oregon Route 217* Oregon Route 219-Demographics:...
- Jesse ApplegateJesse ApplegateJesse Applegate was an American pioneer who led a large group of settlers along the Oregon Trail to the Oregon Country. He took part in the early government of Oregon, and helped establish the Applegate Trail as an alternative route to the Oregon Trail.-Early life:Jesse Applegate was born in Henry...
, UmpquaUmpqua County, OregonUmpqua County was a county located in the U.S. state of Oregon. It was created on January 24, 1851, by the Oregon Territorial Legislature embracing the lands along the Umpqua River in southwestern Oregon. Gold had been discovered in the Umpqua region, which brought a rapid increase of settlers to... - A. D. Babcock, PolkPolk County, OregonPolk County is a county located in the U.S. state of Oregon. The county is named for James Knox Polk, the 11th president of the United States. In 2010, its population was 75,403. The seat of the county is Dallas....
& TillamookTillamook County, OregonTillamook County is a county located in the U.S. state of Oregon. The county is named for the Tillamook, a Native American tribe who were living in the area in the early 19th century at the time of European American settlement. In 2010, the county's population was 25,250... - Reuben P. BoiseReuben P. BoiseReuben Patrick Boise was an American attorney, judge and politician in the Oregon Territory and the early years of the state of Oregon. A native of Massachusetts, he immigrated to Oregon in 1850, where he would twice serve on the Oregon Supreme Court for a total of 16 years, with three stints as...
, Polk - J. H. Brattrain, LinnLinn County, OregonLinn County is a county located in the U.S. state of Oregon. It is named in honor of Lewis F. Linn, a U.S. Senator from Missouri who advocated the American occupation of the Oregon Country. By the 2010 US census the population of Linn county was 116,672 showing a 13.2% growth since the 2000 census...
- Paul Brattrain, LaneLane County, Oregon-National protected areas:*Oregon Islands National Wildlife Refuge *Siuslaw National Forest *Umpqua National Forest *Willamette National Forest -Government:...
- William W. Bristow, Lane
- Benjamin Franklin BurchBenjamin Franklin BurchBenjamin Franklin Burch was an American farmer, soldier, and politician in what became the state of Oregon. A native of Missouri, he moved to the Oregon Country in 1845 and served in the Cayuse and Yakima wars...
, Polk - A. J. Campbell, Lane
- Hector Campbell, Lane
- Stephen F. ChadwickStephen F. ChadwickStephen Fowler Chadwick was an American Democratic politician who served as the fifth Governor of Oregon from 1877 to 1878. Governor Chadwick was the first person to obtain the governorship by way of the state's Line of Succession.- Occupational background :Chadwick was a lawyer, admitted to the...
, DouglasDouglas County, Oregon-National protected areas:* Crater Lake National Park * Rogue River-Siskiyou National Forest * Siuslaw National Forest * Umpqua National Forest * Willamette National Forest -Adjacent counties:* Lane County, Oregon -... - Jesse Cox, Lane
- Joseph Cox, MarionMarion County, OregonMarion County is a county located in the U.S. state of Oregon. It was originally named the Champooick District, after Champoeg, a meeting place on the Willamette River. On September 3, 1849, the territorial legislature renamed it in honor of Francis Marion, a Continental Army general of the...
- Reuben Coyle, Linn
- John T. Crooks, Linn
- Matthew P. Deady, Douglas
- Thomas Dryer, MultnomahMultnomah County, OregonMultnomah County is one of 36 counties in the U.S. state of Oregon. Though smallest in area, it is the most populous as its county seat, Portland, is the state's largest city...
& Washington - L. J. C. Duncan, JacksonJackson County, Oregon-National protected areas:* Cascade–Siskiyou National Monument* Crater Lake National Park * Klamath National Forest * Rogue River-Siskiyou National Forest * Umpqua National Forest -Demographics:...
- Luther ElkinsLuther ElkinsLuther Elkins was an American politician and pioneer in the state of Oregon. Born in Cornville, Maine and married to Philotheta Williams, he immigrated to the Oregon Territory overland via the Oregon Trail in 1852. He served in the Oregon Territorial Legislature and was a delegate to the Oregon...
, Linn - William H. FarrarWilliam H. FarrarWilliam H. Farrar was an American politician who served as mayor of Portland, Oregon, in 1862. Appointed as Oregon Territorial District Attorney in 1853 by President Franklin Pierce. He served as District Attorney for Oregon from 1853-1859. In 1857 he was a delegate to the Oregon Constitutional...
, Multnomah
- Solomon Fitzhugh, Douglas
- La Fayette GroverLa Fayette GroverLa Fayette Grover was a Democratic politician and lawyer from the US state of Oregon. He was the fourth Governor of Oregon, serving from 1870 to 1877...
, Marion - S. B. Hendershott, JosephineJosephine County, OregonJosephine County is a county located in the U.S. state of Oregon. According to Oregon Geographic Names, the county is probably named after a stream in the area called Josephine Creek, which in turn is probably named after Virginia Josephine Rollins Ort. In 2010, its population was 82,713...
- Enoch Hoult, Lane
- James K. KellyJames K. KellyJames Kerr Kelly was an American politician born in Pennsylvania. He was a United States Senator for Oregon from 1871 to 1877, and later Chief Justice of the Oregon Supreme Court...
, ClackamasClackamas County, OregonClackamas County is a county located in the U.S. state of Oregon. The county was named after the Native Americans living in the area, the Clackamas Indians, who were part of the Chinookan people. As of 2010, the population was 375,992... - John KelsayJohn Kelsay (judge)John Kelsay was an American politician and judge in Oregon. He was the 18th Associate Justice of the Oregon Supreme Court, and fought in the Rogue River Wars...
, BentonBenton County, Oregon-National protected areas:*Siuslaw National Forest *William L. Finley National Wildlife Refuge-Demographics:As of the census of 2000, there were 78,153 people, 30,145 households, and 18,237 families residing in the county. The population density was 116 people per square mile . There were 31,980... - Robert Crouch KinneyRobert Crouch KinneyRobert Crouch Kinney was an American businessman and politician in what became the state of Oregon. A native of Illinois, he helped found Muscatine, Iowa, before crossing the Oregon Trail and settling in what became Oregon...
, YamhillYamhill County, Oregon-National protected areas:*Siuslaw National Forest *Tualatin River National Wildlife Refuge -Demographics:As of the census of 2000, there were 84,992 people, 28,732 households, and 21,376 families residing in the county. The population density was 119 people per square mile . There were 30,270... - Haman Lewis, Benton
- David LoganDavid Logan (Oregon politician)David Logan was an American attorney and politician in the territory of and later state of Oregon. A native of Illinois, he moved to Oregon in 1850 where he served in the Oregon Territorial Legislature and in the Oregon Constitutional Convention...
, Multnomah - Asa LovejoyAsa LovejoyAsa Lawrence Lovejoy was an American pioneer and politician in the region that would become the U.S. state of Oregon. He is best remembered as a founder of the city of Portland, Oregon...
, Clackamas - Perry B. Marple, CoosCoos County, Oregon-National protected areas:*Bandon Marsh National Wildlife Refuge*Oregon Islands National Wildlife Refuge *Siskiyou National Forest *Siuslaw National Forest - Incorporated cities:- Unincorporated communities and CDPs:-See also:...
- William Matzger, Benton
- John R. McBrideJohn R. McBrideJohn Rogers McBride was a Republican U.S. congressman from Oregon.-Early life:McBride was born near St. Louis, Missouri in 1832, the son of James McBride. In 1851, he moved with his family to Lafayette, Oregon where he became the superintendent of schools at the age of 22...
, Yamhill - Stephen McCormick, Multnomah
- Charles Meigs, WascoWasco County, OregonWasco County is a county located in the U.S. state of Oregon. The county is named for a local tribe of Native Americans, the Wasco, a Chinook tribe who lived on the south side of the Columbia River. In 2010, its population was 25,213...
- Richard Miller, Marion
- Isaac R. MooresIsaac R. MooresCol. Isaac R. Moores was an American soldier and politician in Illinois and Oregon. A native of Kentucky, he would serve in the Seminole War and the Black Hawk War before immigrating to the Oregon Territory. In Oregon, Moores served in the Territorial Legislature and at the Oregon Constitutional...
, Lane - Daniel Newcomb, Jackson
- H. B. Nichols, Benton
- Martin Olds, Yamhill
- Cyrus OlneyCyrus OlneyCyrus Olney was an American politician and lawyer in what would become the state of Oregon. He was the 6th Associate Justice of the Oregon Supreme Court serving while the region was still the Oregon Territory...
, ClatsopClatsop County, OregonClatsop County is a county located in the U.S. state of Oregon. The county is named for the Clatsop tribe of Native Americans, who lived along the coast of the Pacific Ocean prior to European settlement. As of 2010, the population was 37,039. The county seat is Astoria.-Economy:The principal... - William H. PackwoodWilliam H. PackwoodWilliam Henderson Packwood , was an American politician who served at the Oregon Constitutional Convention in 1857. A United States Army veteran from the state of Illinois, he was also a school superintendent and acquaintance of President Abraham Lincoln...
, CurryCurry County, OregonCurry County is a county located in the U.S. state of Oregon. In 2010, its population was 22,364. The county is named for George Law Curry, a governor of the Oregon Territory. The seat of the county is Gold Beach.-Economy:... - J. C. Peebles, Marion
- Paine Page PrimPaine Page PrimPaine Page Prim was an American attorney and judge in the state of Oregon. He was the 6th Chief Justice of the Oregon Supreme Court serving in that role from three times between 1864 and 1878. Prim served on Oregon’s highest court for 21 years...
, Jackson - J. H. Reed, Jackson
- Nathaniel Robbins, Clackamas
- Levi ScottLevi Scott (pioneer)Levi C. Scott was a politician in the Oregon Territory of the United States in the 1850s. A native of Illinois, he was a captain during the Cayuse War, helped lay the Applegate Trail, served in the Oregon Territorial Legislature, and in 1857 was a member of the Oregon Constitutional Convention...
, Umpqua - Davis Shannon, Marion
- Erasmus D. ShattuckErasmus D. ShattuckErasmus Darwin Shattuck was an American politician and judge in the state of Oregon. He served as the 7th Chief Justice of the Oregon Supreme Court serving from 1866 to 1867...
, Washington - James Shields, Linn
- Robert V. Short, Yamhill
- Nicholas Shrum, Marion
- Delazon SmithDelazon SmithDelazon Smith was a Democratic Party politician who briefly represented the state of Oregon in the U.S. Senate in 1859. He served for less than one month , making his term among the shortest on record in the Senate...
, Linn - William Starkweather, Clackamas
- William H. Watkins, Josephine
- John W. Watts, ColumbiaColumbia County, OregonColumbia County is a county located in the U.S. state of Oregon. It was named for the Columbia River, which forms its eastern and northern borders. As of 2010, its population was 49,351. The county seat is St. Helens.-Economy:...
- Frederick WaymireFrederick WaymireFrederick Waymire was an American farmer and politician in what became the state of Oregon. A native of Ohio, he served in the Oregon Territorial Legislature and was a member of the Oregon Constitutional Convention...
, Polk - John S. White, Washington
- Thomas Whitted, Douglas
- George Henry WilliamsGeorge Henry WilliamsGeorge Henry Williams was an American judge and politician. He served as Chief Justice of the Oregon Supreme Court, was the 32nd Attorney General of the United States, and served one term in the United States Senate...
, Marion
Subsequent history
On November 9, 1857, the voters approved the document to serve as a state constitution upon statehood. At this same vote, measures to allow slavery and to allow free Blacks to live in the state were defeated after they had been submitted as separate items to vote on by the convention. The vote to approve the constitution by the citizens of Oregon was 7,195 for the constitution and 3,215 against the document. The vote on slavery was 2,645 to allow slavery and 7,727 to make it illegal, and the vote to make it illegal for Blacks to live in the state was 8,640 to ban them and 1,081 to allow them to live in the state. All white men over the age of 21 were allowed to vote, and after the passage a delegation was sent east to Washington, D.C.Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
to press for statehood.
Oregon then waited on the United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
to accept the constitution and approve Oregon for statehood. Due to the ongoing debate over slavery in the country as the nation approached the American Civil War
American Civil War
The American Civil War was a civil war fought in the United States of America. In response to the election of Abraham Lincoln as President of the United States, 11 southern slave states declared their secession from the United States and formed the Confederate States of America ; the other 25...
, the U.S. Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
did not pass legislation to bring Oregon into the Union until 1859, when Oregon became the 33rd state on February 14. The Oregon Constitution was not altered until 1902.
Further reading
- The Oregon Constitution and Proceedings and Debates of the Constitutional Convention of 1857 by Charles Henry Carey. State Printing Department, 1926.
- Oregon Blue Book: 1857 Oregon Constitution
- State of Oregon Law Library: Category: Constitutional Law
- During the Constitutional Convention, Oregon State Archives