State Constitutions: Oregon

The Beaver State

It was 164 years ago today when it became a territory; nearly nine more years passed before it became the 33rd state admitted to the union.1

It gave up its original motto — “She Flies With Her Own Wings” or Alis Volat Propiis in Latin — in favor of “The Union” in 1957, but took it back as the official motto in 1987.2 It’s called the Beaver State3 and the beaver is even depicted on the reverse side of its state flag.4

It is Oregon, the 9th largest state in size at 98,380 square miles and the 27th in population at 3.8 million in 2009.5 And, although the document has been amended many times, it’s had one — and only one — constitution for more than a century and a half.

The land that eventually became the State of Oregon was originally claimed by Great Britain, France, Spain and even Russia, based on early explorations in the area. Spanish claims over the area were relinquished to the United States by the early 1800s; Russia gave up its claims in separate treaties with Great Britain and the United States; France pretty much abandoned its North American claims after the Louisiana Purchase.6

Oregon Country

England and the United States — the two major players in the region — were the two most likely to come to blows over the territory and, by the Convention of 1818, agreed to share control over the area west of the Rocky Mountains while setting the northern border from Minnesota to the Rocky Mountains at the 49th parallel.7

The agreement was less than a ringing success. Nobody — least of all the settlers flooding into the region after the opening of the Oregon Trail around 18408 — accepted it as a permanent solution. The settlers themselves formed a provisional government in 1843, and control over the region became a hot political issue when Democrats urged the American government to seize control north to Parallel 54°40′ — prompting the slogan “Fifty-Four Forty or Fight!”9

In 1846, the issue was peacably settled by treaty between the United States and Great Britain that set the northern boundary between the United States and British Canada, for once and for all, at the 49th parallel.10

Oregon Territory 1848

It still took two years and an intervening massacre of a missionary couple that roiled public opinion before a territorial government was initiated11 and the area officially called the Territory of Oregon, established as a free territory on 14 August 1848.12

Originally, the Territory encompassed all of what is today Oregon, Washington and Idaho, and parts of what became Montana and Wyoming. In 1853, the Washington Territory was formed, taking with it what became Washington and parts of Idaho and Montana.13

The Oregon Territorial Legislature considered the question of trying for statehood in 1854, 1855 and 1856, finally passing a bill authorizing a constitutional convention at the end of 1856. Voters approved the notion at an election in June 1857 where 60 delegates were selected for a constitutional convention.14

Some 60 delegates met starting 17 August 1857 and agreed on a proposed constitution on 18 September. It was approved by popular vote on 9 November 1857.15 Congress then approved Oregon statehood on 14 February 1859,16 and that is when the one and only Constitution Oregon has ever had went into effect.

That Constitution, as it was originally adopted, is held by the Oregon State Archives, which has a terrific web exhibit called “Crafting the Oregon Constitution: Framework for a New State.” And the Oregon Historical Society’s copy of the draft of that 1857 constitution is online as a PDF file. The Oregon Bluebook has digital images of the 1857 Constitution online, and a print version is on Google Books as well.

The Constitution reflected the times in which it was written, and so it was decidedly anti-Negro and anti-foreigner and skeptical of both corporations and banks. It was ruthlessly penny-pinching, and rigorously separated church and state. Among its provisions:

     • Six separate sections of Article I, the Bill of Rights, both protected the free exercise of religion and yet provided that public money couldn’t even be used to pay for religious services (such as a chaplain) in either house of the Legislature.17

     • Only “white foreigners” who were or thereafter became residents could have equal property rights as native-born citizens.18 No Chinaman who was not a resident of Oregon in 1857 could ever hold or work on a mining claim.19

     • Only white male citizens could vote20 and suffrage was expressly denied to any “negro, chinaman, or mulatto.”21 The Constitution required a census in 1865, but only of all the white population of the State22 and apportionment of the state legislature was based only on the white population.23

     • The Governor was elected for a four-year term and could only serve eight out of any 12 years.24 He was also to serve as the state’s school superintendent.25

     • The budget had to balance: if any year ended with the state in the red, a special tax had to be assessed the following year.26 Salaries were set for top state officials: $1500 for the Governor and Secretary of State, $800 for the Treasurer, and $2000 for the Supreme Court justices.

The very first amendment to the Oregon Constitution came in 1902, when the initiative and referendum process was approved.27 Since then, more than 200 amendments have been adopted, many by way of citizen initiatives. Among those resulting from initiative and referendum are the direct primary system (1904); authorizing recalls of elected officials (1908); requiring indictment by grand jury (1908); abolishing poll taxes (1910); allowing women to vote (1912); and abolishing the death penalty (1914). All of the remaining racial qualifications in the original constitution were deleted by initiative in 2002.28

The current Constitution is online at the State Legislature’s website.

Note, by the way, that although the Constitution ratified in 1857 and effective in 1859 is the only Constitution Oregon has ever had, it’s not the only one ever presented to the voters. A draft new constitution was written in 1962, revised over the course of several years, and finally submitted to the voters in May 1970. It was overwhelmingly rejected.


 
SOURCES

Images via Creative Commons license
Oregon Country image: Wikimedia user Kmusser
Territory image: Wikimedia user Matthew Trump

  1. As to the territory, 9 Stat. 323 (1848). As to the state, 11 Stat. 383 (1859).
  2. Oregon Focus: State Symbols: Motto, Oregon Blue Book (http://bluebook.state.or.us/ : accessed 13 Aug 2012).
  3. Ibid., “Oregon Almanac: State Animal.”
  4. Ibid., “Oregon Almanac: State Flag.”
  5. As to area, see “Table 17. Area Measurements: 2000; and Population and Housing Unit Density: 1980 to 2000” in United States Summary: 2000, Population and Housing Unit Counts, Part I, April 2004, U.S. Census Bureau (http://www.census.gov/ : accessed 13 Aug 2012). As to population, see “State Rankings — Statistical Abstract of the United States,” U.S. Census Bureau (http://www.census.gov/ : accessed 13 Aug 2012).
  6. See generally Wikipedia (http://www.wikipedia.com), “Oregon Country,” rev. 3 Jul 2012.
  7. See “British-American Diplomacy: Convention of 1818 between the United States and Great Britain”; html version, Yale Law School, Avalon Project (http://avalon.law.yale.edu : accessed 13 Aug 2012).
  8. There are competing claims as to when the trail was open for wagon traffic all the way to Oregon; 1839 and 1840 are both cited. See generally Wikipedia (http://www.wikipedia.com), “Oregon Trail,” rev. 2 Aug 2012.
  9. See generally “Oregon History: The “Oregon Question” and Provisional Government,” Oregon Blue Book (http://bluebook.state.or.us/ : accessed 13 Aug 2012).
  10. See “British-American Diplomacy: Treaty with Great Britain, in Regard to Limits Westward of the Rocky Mountains ”; html version, Yale Law School, Avalon Project (http://avalon.law.yale.edu : accessed 13 Aug 2012).
  11. See “Whitman Massacre,” The Oregon Encyclopedia (http://www.oregonencyclopedia.org : accessed 13 Aug 2012).
  12. An Act to establish the Territorial Government of Oregon,” 9 Stat. 323 (1848); digital images, “A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875,” Library of Congress, American Memory (http://memory.loc.gov/ammem/index.html : accessed 13 Aug 2012).
  13. An Act to establish the Territorial Government of Washington,” 10 Stat. 172 (1853).
  14. Wikipedia (http://www.wikipedia.com), “Oregon Constitutional Convention,” rev. 11 Dec 2011.
  15. Introduction, “Constitution of Oregon, 2011 edition,” Oregon State Legislature (http://www.leg.state.or.us : accessed 13 Aug 2012).
  16. An Act for the Admission of Oregon into the Union,” 11 Stat. 383 (1859).
  17. Oregon Constitution of 1857, Article I, § 2-7.
  18. Ibid., § 31.
  19. Ibid., Article XV, § 8.
  20. Ibid., Article II, § 2.
  21. Ibid., § 6.
  22. Ibid., Article IV, § 5.
  23. Ibid., § 6.
  24. Ibid., Article V, § 1.
  25. Ibid., Article VIII, § 1.
  26. Ibid., Article IX, § 6.
  27. Oregon History: The Oregon System, Oregon Blue Book (http://bluebook.state.or.us/ : accessed 13 Aug 2012).
  28. Wikipedia (http://www.wikipedia.com), “List of Oregon ballot measures,” rev. 20 Feb 2012.
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4 Responses to State Constitutions: Oregon

  1. Dick Kahane says:

    And Oregon is the only state which still has a two-sided flag! (On the international stage, I think only Paraguay has such a flag.)

    • Judy G. Russell says:

      Good use of the word “still” here, Dick, since as you know Alabama and Massachusetts both had two-sided flags in the past!

  2. These “State Constitutions” posts are really fascinating!! Thanks, for much… guess I really am a ‘history’ junkie… ;-)

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