Portland State University PDXScholar Dissertations and Theses Dissertations and Theses 3-14-1997 An Historical Perspective of Oregon's and Portland's Political and Social Atmosphere in Relation to the Legal Justice System as it Pertained to Minorities: With Specific Reference to State Laws, City Ordinances, and Arrest and Court Records During the Period -- 1840-1895 Clarinèr Freeman Boston Portland State University Follow this and additional works at: https://pdxscholar.library.pdx.edu/open_access_etds Part of the Criminology and Criminal Justice Commons, and the Public Administration Commons Let us know how access to this document benefits ou.y Recommended Citation Boston, Clarinèr Freeman, "An Historical Perspective of Oregon's and Portland's Political and Social Atmosphere in Relation to the Legal Justice System as it Pertained to Minorities: With Specific Reference to State Laws, City Ordinances, and Arrest and Court Records During the Period -- 1840-1895" (1997). Dissertations and Theses. Paper 4992. https://doi.org/10.15760/etd.6868 This Thesis is brought to you for free and open access. It has been accepted for inclusion in Dissertations and Theses by an authorized administrator of PDXScholar. Please contact us if we can make this document more accessible: [email protected]. THESIS APPROVAL The abstract and thesis of Clariner Freeman Boston for the Master of Science in Administration of Justice were presented March 14, 1997, and accepted by the thesis committee and the department. COMMITTEE APPROVAL: Charles A. Tracy, Chair. Robert WLOckwood Darrell Millner ~ Representative of the Office of Graduate Studies DEPARTMENT APPROVAL<: _ I I .._ __ r"'liatr · nistration of Justice ******************************************************************* ACCEPTED FOR PORTLAND STATE UNIVERSITY BY THE LIBRARY by on 6-LL-97 ABSTRACT An abstract of the thesis of Clariner Freeman Boston for the Master of Science in Administration of Justice, presented March 14, 1997. Title: An Historical Perspective of Oregon's and Portland's Political and Social Atmosphere in Relation to the Legal Justice System as it Pertained to Minorities: With Specific Reference to State Laws, City Ordinances, and Arrest and Court Records During the Period-1840-1895. Racial and ethnic minorities are disproportionately represented in Portland, Oregon's criminal justice system. Laws, legal procedures and practices that excessively target minorities are not new phenomena. This study focused on a history of political and social conditions in Oregon, and subsequently, Portland, from the 1840' s to 1895, that created unjust state laws and city ordinances that adversely impacted Native Americans, African Americans, and Chinese Immigrants. Attention was also given to the Jewish population. The approach was to examine available arrest and court records from Oregon's and Portland's early beginnings to ascertain what qualitative information records could provide regarding the treatment of minorities by the justice system. As an outgrowth of this observation, it was necessary to obtain an understanding of the legal environment related to arrests and dispositions of adjudications. Finally, a review of the political and social atmosphere during the time period provided a look at the framework that shaped public attitudes and civic actions. Examination of available arrest records and court records recorded during the period were conducted at the City of Portland's Stanley Paar Archives. Observations were limited to the availability of archive records. Oregon's history, relative legislation, Portland's history and applicable ordinances were studied and extrapolated from valid secondary resources. Political and social conditions were reviewed through newspaper accounts during recorded history from that time period. Research indicated that Native Americans, African Americans and Chinese Immigrants were: not legally afforded equal access to Oregon land provisions; denied equitable treatment under the law in comparison to their white counterparts; were unjustly targeted for criminal activities by the enactment and enforcement of laws based on racist views; and, negatively used as political ploys to the advantage of candidates seeking public office. Much of this research is akin to actions in many political, legal and justice arenas of the 1990' s, that continue to adversely impact racial/ethnic minorities unfairly. Although members of the Jewish community were not negatively affected by law, they suffered social injustices. However, they were members of the legal and political fiber that shaped civic sentiments and legislative action in both positive and negative ways. AN HISTORICAL PERSPECTIVE OF OREGON'S AND PORTLAND'S POLITICAL AND SOCIAL ATMOSPHERE IN RELATION TO THE LEGAL JUSTICE SYSTEM AS IT PERTAINED TO MINORITIES: WITH SPECIFIC REFERENCE TO STATE LAWS, CITY ORDINANCES, AND ARREST AND COURT RECORDS DURING THE PERIOD--1840-1895. BY CLARINER FREEMAN BOSTON A thesis submitted in partial fulfillment of the requirements for the degree of MASTER OF SCIENCE in ADMINISTRATION OF JUSTICE Portland State University 1997 ACKNOWLEDGEMENTS I would like to thank my family for their loyal support. I especially want to acknowledge my husband, Louie, for his personal effort and devoted assistance in helping me to complete this work. I must thank my daughter Cyreena, who had to endure my repeated absences from home during prolonged periods of research and writing. I want to thank Alvenice for keeping me on tract and Willa, who took the time to edit this text, and both together with Dorothy, for being a trusting sounding board. My thanks also to my committee for their encouragement and patience during the lengthy effort of completing this work. My thanks to the staff at the City of Portland Stanley Paar Archives who endured my nine month stay and for allowing me to be part of their team. And finally, to all my relatives and friends who were continuous advocates of this effort, thank you. To Louis Boston, Louis Boston II, Lowell and Linda Boston, Lyle Boston, and Cyreena Boston, my family and cheering gallery. ~ TABLE OF CONTENTS THESIS APPROVAL ABSTRACT TITLE PAGE ACKNOWLEDGMENTS i TABLE OF APPENDICES iv INTRODUCTION 1 RESEARCH METHODOLOGY 12 CHAPTER I OREGON HISTORY - AN OVERVIEW 28 Acts of Congress Relating To Public Lands In Oregon 1859 28 Articles of Compact - 1789 42 Slavery Exclusionary Act - 1844 45 Oregon Provisional Government - Organic Law - 1845 49 Act to Establish Oregon Territorial Government - 1848 53 CHAPTER II PORTLAND HISTORY • AN OVERVIEW 57 City of Portland - Mayors 60 City of Portland Officials 62 CHAPTER III OREGON, MULTNOMAH COUNTY AND CITY OF PORTLAND - HISTORY OF JUSTICE SYSTEMS 72 Provisional Government - Supreme Court 75 Territorial Government - Supreme Court 76 Oregon Court Systems 77 Multnomah County Courts 79 Portland City Recorder 81 Portland City Attorney 81 Portland Police Judge - 82 Qualifications, Duties & Responsibilities 83 Portland Justices of the Peace and Precincts 87 Portland Police 90 11 TABLE OF CONTENTS CONT. CHAPTER IV PORTLAND NATIVE AMERICANS 97 CHAPTERV NATIVE AMERICANS PORTLAND ARREST RECORDS 112 CHAPTER VI NATIVE AMERICANS STATE OF OREGON & CITY OF PORTLAND COURT RECORDS 140 CHAPTER VII PORTLAND AFRICAN AMERICANS 183 CHAPTER VIII AFRICAN AMERICANS 204 PORTLAND ARREST RECORDS CHAPTER IX AFRICAN AMERICANS STATE OF OREGON & CITY OF PORTLAND COURT RECORDS 218 CHAPTERX PORTLAND CIDNESE IMMIGRANTS 228 CHAPTER XI CHINESE IMMIGRANTS PORTLAND ARREST RECORDS 252 CHAPTER XII CHINESE IMMIGRANTS STATE OF OREGON & CITY OF PORTLAND COURT RECORDS 277 CHAPTER XIII PORTLAND JEWS 310 SUMMARY 334 BIBLIOGRAPHY 353 iii APPENDICES The following APPENDICES may be reviewed at the Administration of Justice Department, Portland State University, Portland, Oregon. APPENDICES VIII - XII (arrest records), APPENDICES XIII - XXI, (court records), APPENDIX XXII (State of Oregon - Legislation Germane To The Justice System in the Application of Oregon Law and Identified Inequitable Laws Contained in the Constitution of the State of Oregon 1843-1872, and APPENDIX XXIII, City of Portland, General Ordinances Adversely Affecting Minorities, Ordinances Pertaining to Criminal Violations, and Ordinances Outlining the General Duties and Responsibilities of Justice Officials 1854-1886, Copies of APPENDICES, including any portion thereof, may be obtained through arrangements with the Department. TABLE OF APPENDICES OREGON STATE PENITENTIARY APPENDIX I OREGON SUPREME COURT TASK FORCE: SUMMARY RESEARCH & FINDINGS APPENDIX II ARTICLES IN OREGON NEWSPAPERS CITING CRIMINAL, CIVIL RIGHTS VIOLATIONS AND OTHER ARTICLES OF INTEREST INVOLVING AFRICAN AMERICAN APPENDIX III OREGON, PORTLAND AND COUNTY POPULATIONS-1850'S-1890'S APPENDIX IV CHARACTERISTICS OF PERSONS ARRESTED BY YEAR-1868-1885 APPENDIXV CITY DIRECTORY - NAMES, ETHNIC DERIVATIONS, AND VOCATIONS OF THE MINORITY RESIDENTS OF PORTLAND IN 1870 AND 1872, INCLUDING WHITE CITY OFFICIALS, ATTORNEYS AND THE CLERGY APPENDIX VI PORTLAND JEWISH RESIDENTS STARTING IN 1854 APPENDIX VII REPLICATED ARREST RECORDS CITY OF PORTLAND & STATE OF OREGON FELONIES & MISDEMEANORS NOVEMBER 1870 - JANUARY 1875 APPENDIX VIII CITY OF PORTLAND FELONIES & MISDEMEANORS JANUARY 1875 - MARCH 1878 APPENDIX IX CITY OF PORTLAND & STATE OF OREGON FELONIES & MISDEMEANORS APRIL 1878 - NOVEMBER 1879 APPENDIXX IV TABLE OF APPENDICES CONT. REPLICATED ARREST RECORDS cont. CITY OF PORTLAND & STATE OF OREGON FELONIES & MISDEMEANORS DECEMBER 1879 - MARCH 1880 APPENDIX XI CITY OF