Page:Oregon Historical Quarterly volume 17.djvu/117

This page has been proofread, but needs to be validated.
Slavery in Oregon
109

children, brought a suit by habeas corpus to get possession of the children. The case was heard by Judge George H. Williams in the summer of 1853, and he held that these children, being then (by the voluntary act of Ford) in Oregon, where slavery could not legally exist, were free from the bonds of slavery, and awarded their custody to their father."

The history of slavery legislation in Oregon is an interesting chapter of Oregon's state life. Peter H. Burnett, the leader of the Oregon immigration of 1843 and later the first Governor of the State of California, was a member of the Legislative Committee of Oregon in 1844. He was from the South and was opposed to slavery largely on account of the evil to both the white and black races by the inevitable mixing of the races where slavery existed. He was also opposed to the liquor industry. He was the author of the bills prohibiting slavery and regulating the use of liquor. The slavery act passed by the Provisional Legislature was as follows:

"An Act in regard to Slavery and Free Negroes and Mulattoes.

"Be It Enacted by the Legislative Committee of Oregon as follows:

"Section 1. That slavery and involuntary servitude shall be forever prohibited in Oregon.

"Section 2. That in all cases where slaves have been, or shall hereafter be brought into Oregon, the owners of such slaves shall have the term of three years from the introduction of such slaves to remove them out of the country.

"Section 3. That if such owners of slaves shall neglect or refuse to remove such slaves from the country within the time specified in the preceding section, such slaves shall be free.

"Section 4. That when any free negro or mulatto shall have come to Oregon, he or she, as the case may be, if of the age of eighteen or upward, shall remove from and leave the country within the term of two years for males and three years for females from the passage of this act; and that if any free negro or mulatto shall hereafter come to Oregon, if of the age aforesaid, he or she shall quit and leave within the term of two years for males and three years for females from his or her arrival in the country.

"Section 5. That if such free negro or mulatto be under the age aforesaid the terms of time specified in the preceding