''Holmes v. Ford'' was an American court case in the

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. O ...

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 The Organic Laws of Oregon were two sets of legislation passed in the 1840s by a group of primarily American settlers based in the Willamette Valley. These laws were drafted after the Champoeg Meetings and created the structure of a government in ...

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 Robin Holmes was an African American born into slavery who was the plaintiff of a court case in the Oregon Territory concerning slavery prior to the American Civil War The American Civil War (April 12, 1861 – May 26, 1865; also know ...

Background

Robin Holmes was the slave of Nathaniel Ford, a four-term sheriff of Howard County, Missouri and a major landholder there. In 1844, Ford, facing mounting debts, mortgaged Holmes' oldest children, Eliza, Clarisa and William, to another slave owner before migrating to the area of present-day Rickreall in Polk County. Holmes; Holmes' wife, Polly, and their youngest children, Mary Jane, James, and Roxanna, were taken to Oregon, despite the territory's ban on slavery. In 1850, Ford released Robin and Polly from slavery, keeping four of the Holmes' children and threatening to sell the entire family back to Missouri.

Case

Holmes filed a case against Ford in Polk County, charging that his family was being kept illegally, and requesting a writ of habeas corpus to compel Ford to free the children. Ford waited one year to respond to the summons, claiming the papers had been lost in a coat pocket. In fact, Ford was seeking arrangements to transport the family back to Missouri, as threatened. Three judges refused Holmes' case, which was brought to court by lawyer

Reuben P. Boise Reuben Patrick Boise (June 9, 1819 – April 10, 1907) 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 woul ...

. Ford argued that he had freed the Holmes' under the terms of his agreement, having asked Holmes to work for Ford's son digging gold in California and had arranged to house and care for Holmes' wife and children, despite that they were unfit for work. Having now become old enough to work, Ford argued that he should be able to keep them as slaves until the daughters turned 18 and the sons turned 20. In 1853, George H. Williams was named chief justice of the Territorial Supreme Court, and within weeks ruled against Ford and ordered the children returned to Robin and Polly Holmes. Williams described the case as "the last effort made to hold slaves in Oregon by force of law."

Legacy

This was the last challenge by pro-slavery elements in the territory to retain slavery. Then ten years later during the

American Civil War The American Civil War (April 12, 1861 – May 26, 1865; also known by other names) was a civil war in the United States. It was fought between the Union ("the North") and the Confederacy ("the South"), the latter formed by states ...

, President

Abraham Lincoln Abraham Lincoln ( ; February 12, 1809 – April 15, 1865) was an American lawyer, politician, and statesman who served as the 16th president of the United States from 1861 until his assassination in 1865. Lincoln led the nation thro ...

signed the Emancipation Proclamation that would lead to the freeing of slaves in the parts of the

United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...

in rebellion. The Thirteenth Amendment officially freed slaves in the remainder of the

and outlawed slavery.

References

External links

Classroom Law Project: Early Oregon HistoryThe ''Holmes v. Ford'' Case
- Oregon State Archives
''Oregon Historical Quarterly''
{{Oregon Pioneer History 1853 in Oregon Territory 1853 in United States case law + African-American history of Oregon Law articles needing an infobox Legal history of Oregon Oregon state case law United States slavery case law

Background

Case

Legacy

See also

References

Further reading

External links