Holmes v. Ford
Encyclopedia
Holmes v. Ford was an American
court case in the Oregon Territory
that freed a slave family in the territory in 1853. The decision re-affirmed that slavery was illegal in the territory as outlined in the Organic Laws of Oregon
that were continued once the region became a U.S. territory. In the decision, Chief Justice of the Oregon Territorial Supreme Court
, George H. Williams
, ruled against Nathaniel Ford
, freeing the children of Polly and Robin Holmes.
on the Oregon Trail
.
Nathaniel Ford was sheriff of Howard County in Missouri when he acquired the Holmes.
Prior to immigrating to Oregon Country
in 1844, Ford had promised his slaves Polly and Robin Holmes that he would free them when they reached the Willamette Valley
of Oregon and help Ford establish a farm. At first Ford did not follow through on his promise to free the family. In 1849 Robin agreed to work the California gold fields for Ford’s son, and once he returned Ford relented to Holmes’ demands for freedom and freed Polly, Robin, and a newborn child. However, he did not free the couple’s four other children. Two years later one of those children, Harriet, died spurring Robin to seek legal action against Ford to free his family.
was illegal in the new Oregon Territory
, the Robin Holmes sued Ford in 1852 in Polk County
court by requesting a writ of habeas corpus to compel Ford to free the children. Eleven months later after the new chief justice of the territorial supreme court arrived and the case was heard July 13, 1854. One duty of supreme court judges used to be "riding circuit
" where they would act as presiding judges at the trial level when the supreme court was not in session. During the trial it was alleged, and years later proved, that Ford had planned on returning to Missouri to sell the children under the Fugitive Slave Act. Soon the case was decided and Chief Justice Williams ruled that the family was free, but never mentioned slavery. Slavery had been illegal in the territory and under the Provisional Government, which also tried to exclude blacks
from Oregon.
, President Abraham Lincoln
signed the Emancipation Proclamation
that would lead to the freeing of slaves in the parts of the United States
in rebellion. The Thirteenth Amendment
officially freed slaves in the remainder of the United States
and outlawed slavery.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
court case in 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...
that freed a slave family in the territory in 1853. The decision re-affirmed that slavery was illegal in the territory as outlined in the Organic Laws of Oregon
Organic Laws of Oregon
The Organic Laws of Oregon were two sets of laws passed in the 1840s that established a structure for government in the Oregon Country in the northwest corner of North America. These laws were created by a legislative committee formed after the Champoeg Meetings...
that were continued once the region became a U.S. territory. In the decision, Chief Justice of the Oregon Territorial 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...
, George H. Williams
George Henry Williams
George 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...
, ruled against Nathaniel Ford
Nathaniel Ford
Nathaniel Ford was an American politician and Oregon pioneer during the time of the Oregon Territory. A native of Missouri, he worked as a sheriff in that state before moving to the Oregon Country where he was selected as judge in the Provisional Government of Oregon and served in the Oregon...
, freeing the children of Polly and Robin Holmes.
Background
Colonel Ford arrived in Oregon in 1844 from MissouriMissouri
Missouri is a US state located in the Midwestern United States, bordered by Iowa, Illinois, Kentucky, Tennessee, Arkansas, Oklahoma, Kansas and Nebraska. With a 2010 population of 5,988,927, Missouri is the 18th most populous state in the nation and the fifth most populous in the Midwest. It...
on the Oregon Trail
Oregon Trail
The Oregon Trail is a historic east-west wagon route that connected the Missouri River to valleys in Oregon and locations in between.After 1840 steam-powered riverboats and steamboats traversing up and down the Ohio, Mississippi and Missouri rivers sped settlement and development in the flat...
.
Nathaniel Ford was sheriff of Howard County in Missouri when he acquired the Holmes.
Prior to immigrating to Oregon Country
Oregon Country
The Oregon Country was a predominantly American term referring to a disputed ownership region of the Pacific Northwest of North America. The region was occupied by British and French Canadian fur traders from before 1810, and American settlers from the mid-1830s, with its coastal areas north from...
in 1844, Ford had promised his slaves Polly and Robin Holmes that he would free them when they reached the Willamette Valley
Willamette Valley
The Willamette Valley is the most populated region in the state of Oregon of the United States. Located in the state's northwest, the region is surrounded by tall mountain ranges to the east, west and south and the valley's floor is broad, flat and fertile because of Ice Age conditions...
of Oregon and help Ford establish a farm. At first Ford did not follow through on his promise to free the family. In 1849 Robin agreed to work the California gold fields for Ford’s son, and once he returned Ford relented to Holmes’ demands for freedom and freed Polly, Robin, and a newborn child. However, he did not free the couple’s four other children. Two years later one of those children, Harriet, died spurring Robin to seek legal action against Ford to free his family.
Lawsuit
As Ford never freed the remaining children of Robin and Polly, and slaverySlavery
Slavery is a system under which people are treated as property to be bought and sold, and are forced to work. Slaves can be held against their will from the time of their capture, purchase or birth, and deprived of the right to leave, to refuse to work, or to demand compensation...
was illegal in the new 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...
, the Robin Holmes sued Ford in 1852 in Polk County
Polk County, Oregon
Polk 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....
court by requesting a writ of habeas corpus to compel Ford to free the children. Eleven months later after the new chief justice of the territorial supreme court arrived and the case was heard July 13, 1854. One duty of supreme court judges used to be "riding circuit
Circuit rider (U.S. Court system)
Circuit rider is a term in the United States for a professional who travels a regular circuit of locations to provide services. The term first came into widespread application for judges, particularly in the sparsely populated American West, who would hold court in each town in their circuit on a...
" where they would act as presiding judges at the trial level when the supreme court was not in session. During the trial it was alleged, and years later proved, that Ford had planned on returning to Missouri to sell the children under the Fugitive Slave Act. Soon the case was decided and Chief Justice Williams ruled that the family was free, but never mentioned slavery. Slavery had been illegal in the territory and under the Provisional Government, which also tried to exclude 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...
from Oregon.
Legacy
This was the last challenge by pro-slavery elements in the territory to retain slavery. Then ten years later during the American Civil WarAmerican 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...
, President Abraham Lincoln
Abraham Lincoln
Abraham Lincoln was the 16th President of the United States, serving from March 1861 until his assassination in April 1865. He successfully led his country through a great constitutional, military and moral crisis – the American Civil War – preserving the Union, while ending slavery, and...
signed the Emancipation Proclamation
Emancipation Proclamation
The Emancipation Proclamation is an executive order issued by United States President Abraham Lincoln on January 1, 1863, during the American Civil War using his war powers. It proclaimed the freedom of 3.1 million of the nation's 4 million slaves, and immediately freed 50,000 of them, with nearly...
that would lead to the freeing of slaves in the parts of the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
in rebellion. The Thirteenth Amendment
Thirteenth Amendment to the United States Constitution
The Thirteenth Amendment to the United States Constitution officially abolished and continues to prohibit slavery and involuntary servitude, except as punishment for a crime. It was passed by the Senate on April 8, 1864, passed by the House on January 31, 1865, and adopted on December 6, 1865. On...
officially freed slaves in the remainder of the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
and outlawed slavery.
Further reading
- McArthur, Scott (August 1970). “The Polk County Slave Case”, Historically Speaking: A Periodic Publication of the Polk County, Oregon, Historical Society, Volume II.
External links
- Classroom Law Project: Early Oregon History
- The Holmes v. Ford Case - Oregon State Archives
- Oregon Historical Quarterly