7 Holmes: A Pioneering Oregon Family

Introduction: Teaching Through Rather Than About

The Holmes family story is told through primary source documentation and interviews. By exploring these documents students will form an understanding as to what happened to bring an enslaved family to Oregon in a time of racial turmoil, when free Blacks and enslaved Blacks were not legally welcome in Oregon. Utilizing the Court Records of Robin Holmes vs. Nathaniel Ford case, the Statesman Journal article “A Slave in Oregon Now Living Free” and Mary Jane Holmes Shipley Drake’s Certificate of Death students will explore a small part of the lives of an Oregon family that came to this Country/Territory enslaved and fought for their freedom and recognition as free Oregonians.

Framework

Concentrating upon Black Historical Consciousness Principles: 2. Black Agency, Resistance, and Perseverance, from LaGarrett J. King’s (2020) “Black History is Not American History: Toward a Framework of Black Historical Consciousness” students will be able to answer the question “How do African Americans make social change?”.

Pedagogical Applications

Students will use the Library of Congress Primary Source Analysis Tool to observe, reflect and question the words of Robin Holmes through the court case, Mary Jane’s story through her interview in the Statesman Journal article from 1924, and Mary Jane’s impression left by her Certificate of Death.

Table 7.1
Lesson Plan

Essential Question	Changes in the U.S. during the 19th century opened the door to opportunity for many Americans. How did Black Americans make their own opportunities and open their own doors?
Standards	HS.41 * Analyze migration patterns to understand the relationships among major events, government policies, private action, and spatial diffusion of ideas, technologies, and cultural practices, in the distribution of human populations, segregation of communities, and marginalization and empowerment of individuals and groups. HS.45 * Identify and explain how political and economic power dynamics throughout time have influenced cultural and environmental characteristics of various places and regions. HS.53 * Analyze the complexity of the interaction of multiple perspectives to investigate causes and effects of significant events in the development of world, U.S., and Oregon history. HS.57 * Examine and evaluate the origins of fundamental political debates and how conflict, compromise, and cooperation have shaped unity and diversity in world, U.S., and Oregon history. HS.62 * Identify, analyze, and celebrate the histories and contributions of traditionally marginalized groups and individuals in shaping the cultures of Oregon, the United States, and the world.
Staging	Discuss what is opportunity and equality. Employing the primary sources focus on a Black family accessing legal assistance during the mid- 19th century and how far that support truly went.
Supporting Question 1	How did Robin Holmes stand-up for himself and his family?
Formative Performance Task	Using the Primary Source Analyzing form students will scrutinize the “Robin Holmes vs. Nathaniel Ford” court documents from Polk County and Oregon Territorial Supreme Court. Library of Congress Primary Source Analysis Sheet (pdf) Library of Congress Teacher’s Guide to to Analyzing Primary Sources (pdf)
Featured Sources	“Robin Holmes vs. Nathaniel Ford” The Quarterly of the Oregon Historical Society, 1922. (page 162-188 on the scroll bar in the linked resource) https://open.library.ubc.ca/viewer/bcbooks/1.0340551#p161z-5r0f
Supporting Question 2	How was Mary Jane Holmes Shipley able to gain her freedom? What did she do with that freedom?
Formative Performance Task	Using the Newspaper Analysis form students will investigate the Oregon Statesman article “A Slave in Oregon Now Living Free.” Library of Congress Primary Source Analysis Sheet (pdf) Library of Congress Teacher’s Guide to to Analyzing Primary Sources (pdf)
Featured Sources	Appendix A: “A Slave in Oregon Now Living Free (pdf)” The Oregon Statesman February 10, 1924. https://oregonnews.uoregon.edu/lccn/sn85042470/1924-02-10/ed-1/seq-15.pdf
Supporting Question 3	What does her Certificate of Death tell us about Mary Jane Drake’s past? Is the Certificate accurate?
Formative Performance Task	Using the Primary Source Analysis form students will examine the Oregon State Board of Health, Certificate of Death for Mary Jane Drake. Library of Congress Primary Source Analysis Sheet (pdf) Library of Congress Teacher’s Guide to to Analyzing Primary Sources (pdf)
Featured Sources	Appendix B: Certificate of Death for Mary Jane Holmes Shipley Drake, courtesy of the Oregon Secretary of State Black History Month Individuals and Families Exhibit. https://sos.oregon.gov/archives/exhibits/black-history/Pages/families/holmes-mary-jane.aspx
Summative Performance Task	Appendix C: Create a One-Pager Using the Assignment/Rubric (docx) A One-Pager is a creative response to your learning experience. It allows you to respond imaginatively, while being brief and concise in making connections between words, images, and thoughts. We think about what we see and read differently when we are asked to do something with what we have seen or read. We learn best when we create our own ideas. Your personal thinking about what you have experienced should be understood by the audience that views the One-Pager.
Potential Civic Engagement	Understand: Research underrepresented Black contributions in your community, begin at your local Historical Society (with or for your students), search the archives for information/newspaper articles referencing Black community members whom you may have never heard. Assess: Examine the benefits of knowing more about these underrepresented members of our society. Act-Share this information with your community through classroom, school wide or community presentations, partner with the Oregon Black Pioneers or Equal Justice Initiative to help your community embrace the lives of those that have been obscured because they are Black.

Lesson Narrative

In 1844 Robin (Robert) and Polly Holmes migrated to what would become the town of Rickreall in the county of Polk in the state of Oregon, but at the time was known as Oregon Country. With them came three children: Harriett, 7; Celi Ann, 5; and Mary Jane, 3; their other three children: Eliza, 13; Clarisa, 12; and William, 11 were left in Missouri (Nokes, 2013, 8 & 22). Why would parents leave behind three children and undertake a 2000 mile, 7 month move by wagon train? Robin, Polly, and all six of their children were Black and enslaved, property owned by the Ford family to be disposed of as any other property (McCarthy & Stanton, 2011, 56). Nathaniel Ford had debts to settle before he could leave Missouri for the Oregon Country with his wife and six children. The three oldest Holmes children along with another enslaved man, Harrison, were mortgaged as collateral to secure a loan and never mentioned again in the Ford family history. But why? Why would Robin and Polly Holmes agree to move away from their children? At this time in United States history, 1844, enslaved families were frequently separated by the sale/trade of one or more family members for the financial benefit of those that owned them.

In 1844 Nathaniel Ford asked Robin and Polly Holmes to accompany him and his family to Oregon Country to help set up a farm. Once the farm was running, Ford would free Robin, Polly, and their family as “Oregon was a free country, that slavery did not exist there…” (Oregon Historical Society 1922, 117). The Holmes family agreed and faced the daunting challenge of the overland move from Howard County, Missouri to Polk County, Oregon. Upon arrival in Oregon Country Nathaniel Ford took his son, Mark and another enslaved man known only as Scott to acquire land in what is today Rickreall, Oregon. The three men built three cabins, one for the Ford family, one for the Holmes family, and one for Scott (Nokes, 2013, 27). The farm was established, and within one to two years was profitable (McCarthy & Stanton 2011, 57). Ford did not grant Robin, Polly, and family freedom as he had agreed to before they left Missouri until Holmes stood up for himself and his family and asked outright to be released. At this point Ford told Holmes if he went to California to mine for gold with Ford’s son Mark and the enslaved man Scott, upon his return the Holmes family would be freed as agreed in Missouri. Also, Holmes would receive a share of the gold procured in California. Mr. Holmes agreed to expedite the process and spent a year, spring of 1849 to spring of 1850, mining gold in California with Scott under the supervision of Mark Ford. When Mr. Holmes returned from California, Ford freed Robin, Polly, and their infant son (who had been born while Robin was in California) but refused to release Mary Jane, Roxanna and James from enslavement as he felt he was entitled to their services until they were of legal age: 18 years of age for Mary Jane and Roxanna and 20 years of age for James (Oregon Historical Society, 1922, 117-118).

During this time of individual migration and struggle for freedom the Oregon Country was becoming the Oregon Territory. While determining the laws, the white population voted to prohibit slavery on July 5, 1843, followed by the June 26, 1844 law that required slave owners to remove any of their enslaved persons from the Territory within three years. In other words, Oregon did not want slavery, but they also did not want Blacks to reside here. Once freed, formerly enslaved men had two years to leave and women had three years. If they did not leave within the prescribed time frame they were to be lashed (whipped) until they did leave. This law was determined to be unduly harsh and was changed to involuntary servitude until the person left the Territory.

On September 21, 1846 the Oregon Territorial Legislature enacted a new law that “it shall not be lawful for any negro or mulatto to enter into, or reside.” This law was repealed in 1854. When Oregon had its constitutional convention in 1857 voters decided that Oregon would be a free state, but included in the Bill of Rights clause 18 that prohibited Blacks from residing, owning property, and making contracts in the newly formed state of Oregon (Nokes, 2022a).

In April of 1852 Robin and Polly Holmes had enough. They wanted their children back in their own care. With the assistance of attorney O.C. Pratt, they filed a Writ of Habeas Corpus with the District Court of Polk County to have Nathaniel Ford return their children: Mary Jane Holmes, Roxanna Holmes and James Holmes. Ford did not respond until April of 1853, citing that the children were born into enslavement and while there was no legal slavery in Oregon, he would keep the children until they reached legal age. Ford maintained that Mr. Holmes had agreed to this arrangement; Mr. Holmes insisted he never agreed to such. Mr. Holmes made statement after statement that Ford had agreed to free the whole family once they arrived in Oregon and the Ford farm was established, and that Ford had no right to keep the children nor any entitlement to their services. The case proceeded to The Supreme Court of the Territory of Oregon in Portland, attorney A.G.P. Wood represented Holmes. Robin Holmes continued to speak for himself and his family through court documents insisting Ford was illegally holding his children and not allowing himself nor Polly to see the children. Holmes had a rational fear that Ford would take the children back to Missouri and sell them into lifelong enslavement jeopardizing their life, liberty, and happiness. In June of 1853 he requested that custody of the children be remanded to the custody of the sheriff of Polk County so that they could not be removed from the Oregon Territory.

Attorneys changed, judges changed (three refused to rule on the case). Robin and Polly Holmes stood steadfast, fighting for the right to raise their own children. Finally, on July 13, 1853 George H. Williams, the new chief justice of the Oregon Territorial Supreme Court ruled that Nathaniel Ford must return the Holmes children to their parents. Williams said that the case “was the last effort made to hold slaves in Oregon by force of law.” With the return of Roxanna and James, Mary Jane stayed with the Fords, the Holmes family moved to Salem in Marion County and opened a plant nursery that was successful (Nokes, 2022b).

Whatever the reasons may have been, there is no definitive proof as to why Mary Jane stayed with the Fords until 1857, when she married Reuben Shipley (Ficklin) a former enslaved man who owned a farm in Benton County in modern day Philomath, Oregon. Reuben was forced to purchase his bride from Ford for $400-800 (Horner, 1924). Mary Jane and Reuben raised six children on their farm; Wallace, Ella, Thomas, Martha, Nellie, and Edward. According to Mary Jane in the Horner (1924) interview her family was highly respected, her children played and were educated with white children, and the family was invited to gatherings at the homes of community members, both white and black. Reuben passed away in 1872 and Mary Jane remarried in 1875 to Alfred Drake, who passed away four months after they were wed. Mary Jane stayed on at the farm in Benton County until she sold it in 1889 and moved to Portland to live with her youngest son Edward Ficklin (Shipley) (Nokes, 2013, 159-163).

Mary Jane Holmes Shipley Drake passed away in Portland, Oregon on January 26, 1925. According to her Certificate of Death she was 101 years old, having been born in Pike County Missouri on November 29, 1823 (State Archives). Mary Jane is buried in the Mt. Union Cemetery in modern day Philomath, Oregon. A cemetery exists because Reuben and Mary Jane donated three acres of land for an integrated cemetery (Nokes, 2013, 163). Like her parents before her, Mary Jane Holmes Shipley Drake never had a formal education, her story is oral, written down and recollected by those whose lives she touched.

Overview and Description of the Essential Question

Changes in the U.S. during the 19th century opened the door to opportunity for many Americans. How did Black Americans make their own opportunities and open their own doors?

Students will utilize Primary Sources, a newspaper article and the Library of Congress analysis forms to answer this family based on the history of one Oregon family.

Time needed: three – four 45 minute class periods

Staging the Question

Discuss what is opportunity and equality. Employing the primary sources focus on a Black family accessing legal assistance during the mid- 19th century and how far that support truly went.

Question 1, Formative Task 1, Featured Sources

How did Robin Holmes stand-up for himself and his family?

• Using the Primary Source Analyzing form, students will scrutinize the “Robin Holmes vs. Nathaniel Ford” court documents from Polk County and Oregon Territorial Supreme Court.
• Library of Congress Primary Source Analysis Sheet (pdf)
• Library of Congress Teacher’s Guide to to Analyzing Primary Sources (pdf)
• “Robin Holmes vs. Nathaniel Ford” The Quarterly of the Oregon Historical Society, 1922. (page 162-188 on the scroll bar in the linked resource) https://open.library.ubc.ca/viewer/bcbooks/1.0340551#p161z-5r0f
• Answers should follow how a Black man accused a white man of wrongdoing in District court and how the case eventually ended up at the State Supreme Court.

Question 2, Formative Task 2, Featured Sources

How was Mary Jane Holmes Shipley able to gain her freedom? What did she do with that freedom?

• Library of Congress Primary Source Analysis Sheet (pdf)
• Library of Congress Teacher’s Guide to to Analyzing Primary Sources (pdf)
• Appendix A: Horner, J. B., “A Slave in Oregon Now Living Free (pdf)” from the Oregon Statesman. https://oregonnews.uoregon.edu/lccn/sn85042470/1924-02-10/ed-1/seq-15.pdf.
• Answers should discuss how Reuben Shipley had to pay for his wife’s freedom. Became a respected member of her community along with her husband, raised six children and gave back to the community by donating land for the Mt. Union Cemetery in modern Philomath, Oregon.

Question 3, Formative Task 3, Featured Sources

What does her Certificate of Death tell us about Mary Jane Drake’s past? Is the Certificate accurate?

• Using the Primary Source Analysis form students will examine the Oregon State Board of Health, Certificate of Death for Mary Jane Drake.
• Library of Congress Primary Source Analysis Sheet (pdf)
• Library of Congress Teacher’s Guide to to Analyzing Primary Sources (pdf)
• Appendix B: Oregon Death Certificate of Mary Jane Holmes Shipley Drake. [https://sos.oregon.gov/archives/exhibits/black-history/Pages/families/holmes-mary-jane.aspx]
• Answers should include: place of death, name, personal and statistical particulars, date of death. Is it accurate: note place and date of birth, father’s name, mother’s name.

Summative Performance Task

Appendix C: Create a “One-Pager” using the assignment/rubric document (docx)

• A One-Pager is a creative response to your learning experience. It allows you to respond imaginatively, while being brief and concise in making connections between words, images, and thoughts. We think about what we see and read differently when we are asked to do something with what we have seen or read. We learn best when we create our own ideas. Your personal thinking about what you have experienced should be understood by the audience that views the One-Pager.

Potential Civic Engagement

Understand-Research underrepresented Black contributions in your community, begin at your local Historical Society (with or for your students), search the archives for information/newspaper articles referencing Black community members whom you may have never heard. Assess-Examine the benefits of knowing more about these underrepresented members of our society. Act-Share this information with your community through classroom, school wide or community presentations, partner with the Oregon Black Pioneers or Equal Justice Initiative to help your community embrace the lives of those that have been obscured because they are Black.

Conclusion

Student investigation of primary sources relating to underrepresented Black members of our communities both past and present will empower them to look at the world through less of a “them and us” lens and encourage our students to view our communities as one. By creating a One-Pager as the summative performance task students will better remember and relate what their investigation has shown them, as well as think more critically about this information.

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Appendices

Appendix A: The Oregon Statesman Article

The Oregon Statesman article about Mary Jane Holmes Shipley Drake: “A Slave in Oregon now Living Free”.

Appendix B: Death Certificate

Certificate of Death for Mary Jane Holmes Shipley Drake, courtesy of the Oregon Secretary of State Black History Month Individuals and Families Exhibit

Appendix C: One-Pager Assignment

One-Pager Assignment/Rubric Document (docx)

A One-Pager is a creative response to your learning experience. It allows you to respond imaginatively, while being brief and concise in making connections between words, images, and thoughts. We think about what we see and read differently when we are asked to do something with what we have seen or read. We learn best when we create our own ideas. Your personal thinking about what you have experienced should be understood by the audience that views the One-Pager.

Follow this format for your One-Pager:

• Use unlined white paper.
• Title the One-Pager appropriately to reflect the content. (2 points)
• Use colored pens, pencils, or markers. The more visually appealing it is the better! (4 points)
• Fill the entire page. (2 points)
• Be purposeful about the arrangement of your One-Pager. For example, have a reason for using a certain color or for placing an object in a certain place. (2 points)
• Write two quotations from the article or your research that struck you in some way. (4 points)
• Use three visual images, either drawn, cut out from magazines, or copied from the internet to create a central focus to your page. If you use a computer image, personalize it to make it your own. (6 points)
• Place five essential vocabulary words/phrases around the images. These terms/words/ phrases should express the main ideas, your impressions, feelings, or thoughts about what you have seen or read. (10 points)
• Write the main idea of the article or research. (2 points)
• Write your question focus (essential question) and three supporting questions you generated from the text (think beyond the text). (8 points)
• Draw a symbolic, colorful border around the edges of the page. (2 points)

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Image Attributions

Horner, J. B. (1924, February 10). A slave in Oregon now free (pdf). The Oregon Statesman, 7. https://oregonnews.uoregon.edu/lccn/sn85042470/1924-02-10/ed-1/seq-15.pdf. Public domain (CC0).

‘Mary Jane Holmes Shipley Drake.’ (1925). Certified Copy of Death Certificate for Mary Jane Drake, 26 January 1925 (application number 233). Portland, OR. https://sos.oregon.gov/archives/exhibits/black-history/Pages/families/holmes-mary-jane.aspx. Public domain (CC0).

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References

Horner, J. B. (1924, February 10). A slave in Oregon now free (pdf). The Oregon Statesman, 7. https://oregonnews.uoregon.edu/lccn/sn85042470/1924-02-10/ed-1/seq-15.pdf.

King, L. G. (2020). Black History is Not American History: Toward a framework of Black historical consciousness. Social Education, 84(6), 335–341.

‘Mary Jane Holmes Shipley Drake.’ (1925). Certified Copy of Death Certificate for Mary Jane Drake, 26 January 1925 (application number 233). Portland, OR. https://sos.oregon.gov/archives/exhibits/black-history/Pages/families/holmes-mary-jane.aspx.

McCarthy, S. & Stanton, N. (2011). Perseverance: A History of African Americans in Oregon’s Marion and Polk Counties. Oregon Northwest Black Pioneers.

Nokes, G. (2022a). Black Exclusion Laws in Oregon. The Oregon Encyclopedia. The Oregon Historical Society. https://www.oregonencyclopedia.org/articles/exclusion_laws/.

Nokes, G. (2022b). Holmes v. Ford. The Oregon Encyclopedia. The Oregon Historical Society. https://www.oregonencyclopedia.org/articles/holmes_v._ford/.

Nokes, G. R. (2013). Breaking Chains: Slavery on Trial in the Oregon Territory. Oregon State University Press.

Additional Resources

Horner, J. B., “A Slave in Oregon Now Living Free (pdf)” from the Oregon Statesman. https://oregonnews.uoregon.edu/lccn/sn85042470/1924-02-10/ed-1/seq-15.pdf.

Mahoney, Barbara. “Provisional Government.” In Oregon Encyclopedia. The Oregon Historical Society, May 24, 2022. https://www.oregonencyclopedia.org/articles/provisional_govt_conference_in_champoeg_1843/#.YjjZ6rhlBTY.

Oregon Black Pioneers. (2023). Oregon Black Pioneers. https://oregonblackpioneers.org/