1 California Indians Under U.S. Governance California Indians

California Indians
Under U.S. Governance
John R. Johnson
Anthropology 131CA
Chico Maidu Ranchería of Céno, 1852
(Sketch by Henry B. Brown)
California Indians under U.S.
Governance
 Gold Rush and Indian Wars
 Early California Laws and Policies
 Treaties and Early Reserves
 Ghost Dance 18711871-72
 Advocates for Indian Rights
 Dawes Allotment Act of 1887
 California Indian Land Claims
 Modern Reservation Government
 Federal Recognition Process
Interior of Patwin Dwelling along the Sacramento River near Colusa, 1852
(Sketch by Henry B. Brown)
“Summer Lodges [of] California Indians near Shasta, 1852”
Chico Maidu Men Gambling in Dancehouse, 1852
(Sketch by Henry B. Brown)
(Sketch of Wintu encampment by Henry B. Brown)
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U.S. Conquest of California
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Wintu Boy (left) and Women (right), 1852
(Sketches by Henry B. Brown)
Peter Burnett was
the first American
elected governor of
the state of
California. He was
also known for
advocating a belief
that the Indians of
California were
doomed to
extermination.
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President Polk’s objective was to extend the boundaries
of the U.S. to the Pacific Coast
John C. Frémont enters California with “exploring party”
in spring of 1846
Bear Flag Republic proclaimed by small group of AngloAngloAmerican settlers at Sonoma, June 14, 1846
Treaty of Cahuenga signed January 13, 1847
Gold discovered by James Marshall at Sutter’s Mill,
January 24, 1848
Treaty of Guadalupe Hidalgo, February 2, 1848
By the end of 1849, 100,000 miners enter California
Statehood granted September 9, 1850
1850: An Act for the Government
and Protection of Indians
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White persons or proprietors could apply to the Justice
of the Peace to remove Indians from lands in the white
person’s possession.
Any person could go before a Justice of the Peace to
obtain Indian children for indenture.
Justice of the Peace had jurisdiction in all cases related
to Indians, without the Indians ability to appeal.
No white person could be convicted of an offense based
on the testimony of Indians.
Vagrant or drunken Indians could be hired out to the
highest bidder to pay for cost of their incarceration.
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Conflicts and
Atrocities
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1849 – Clear Lake Massacre (Eastern
Pomo)
18501850-51 – Mariposa Indian War (Sierra
Miwok)
1851 – Antonio Garra Revolt (Cupeño)
1860 – 100 men, women, and children
massacred by immigrant settlers during
World Renewal Ceremony at Tolowot
village on Guenther Island in Humbolt
Bay (Wiyot)
18611861- Owens Valley Indian War
1863 – U.S. Troops capture and put to
death 35 men camped on upper Kern
River (Tubatulabal and Kawaiisu)
1873 – Modoc Indian War
Drawing of Indian Rancheria on Dry Creek said to have been
made shortly before being involved in a fight with local whites
Eighteen Treaties
18511851-52
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Sep. 30, 1850 – Bill passed by Senate to
approve appointment of three Indian
agents to negotiate treaties with Calif.
Indians
California divided into three parts, one
agent assigned to each:
- North Coast Range (Reddick
(Reddick McKee)
- Sacramento Valley (O. M. Wozencraft)
Wozencraft)
- San Joaquin Valley & So. Calif.
(George W. Barbour)
School teachers, farm instructors,
blacksmiths, crops, and livestock
promised
Nineteen reserves set aside
July 8, 1852 – Senate refuses to ratify
treaties
Two Nisenan Chiefs, Signatories to One of the Eighteen
Treaties Negotiated with Special Indian Agents in 18511851-1852
Weimar, Headman of the Despah
Tribelet in Grass Valley, with a Child
Tacolah, Headman of
the Bempi Tribelet
(Sketched Portraits by Henry B. Brown, 1851)
Treaty Signing
“Bul-luc, Chief”
“Walla-hoo, Chief”
(Sketches by Henry B. Brown, 1851-52)
Round Valley, 1858
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Between 18521852-1855, Congress authorized
setting aside seven military reserves
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1853
1856
1856
1856
1857
1857
1857
–
–
–
–
–
–
–
Sebastian (Tejon)
Porterville (Tule River)
Round Valley
Mendocino
Fresno River
Nom Lackee
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Klamath
1862
1864
1882
1887
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–
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Smith River
Hoopa
Pechanga (executive order)
Mission Indian
Sebastian Military Reserve, 18531853-1864
Others
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Official Map, Tejón Reservation, encompassing 49,928 acres
Elem, the Southeastern PomoPomo-speaking town on
Rattlesnake Island in Clear Lake, about 1870.
Southern Calif. Mission Indians, Late Nineteenth Century
Helen Hunt Jackson, author of Century of Dishonor and Ramona.
In 1877, Jackson was appointed as special Indian agent with Albert Kinney
to assess the condition of the Indians in southern California
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Dawes General Allotment Act
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Introduced by Massachusetts Senator Henry
Dawes
Assimilation was a major motivation
Passed by Congress in 1887
Authorized division of reservations into
allotments of land.
Most allotments in California created from Public
Domain
1891 – Amendments to Dawes Act allowed
leasing parcels on reservations.
Luiseño and Cupeño Gathering at Pala, 1880s
Problems with Allotment System
Allotments at Rincon Reservation, 1933
Legal Landmarks up to 1920s
– Soboba Indians case
– Supreme court agrees that Cupeñ
Cupeño
Indians can be envicted
 1917 – Right to vote given to nonnonreservation Indians
 1924 – Right to vote given to reservation
Indians
 1924 – Supreme Court rules against
Indians in favor of Tejon Ranch
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Tribal governments were deprived of their ability to manage land
within their reservations.
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The drawing of allotment boundaries created conflicts between
people.
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After several generations, a single allotment can produce hundreds
hundreds of
heirs who do not qualify for tribal membership.
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Allotments leased or sold to nonnon-Indians have resulted in a loss of
land.
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Movement away from reservations and absenteeism has resulted in
empty buildings and unkempt properties, decreasing quality of life
life on
reservation.
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Public land allotments off reservations have resulted in some
descendants being removed from tribal rolls in cases (like Pala
Reservation) where membership requires that a person be descended
descended
from an original recipient of a reservation allotment.
Secular Movements
 1883
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 1901
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Indian Rights Association of Philadelphia
Sequoia League, organized to protest removal of
Cupeñ
Cupeños from rancheria at Warner’s Hot Springs, 1901
Northern California Indian Association, purchased farm
for Manchester Band of Pomo Indians in 1902
1905 – Charles E. Kelsey appointed special agent, got
Congress to appropriate funds for acquisiion of lands for
nonnon-reservation Indians
1910 – Indian Board of Cooperation (Frederick Collett,
Collett,
Methodist minister)
1919 – Mission Indian Federation
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California Indian Jurisdictional Act, 1928
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Intended to Reimburse Calif. Indians for land given up in the 1851
1851-52 unratified treaties
Created a roll of Calif. Indians, finalized in 1933
Expenditures by the government on behalf of the Indians were to
be deducted from amount allocated to compensate them for lands
taken.
Litigation continued through 1930s and 1940s
U.S. Court of Claims awarded $17.5 million to Calif. Indians
U.S. Government deducted $12 million for monies expended on
behalf of Indians since midmid-nineteenth century
In 1950, Congress authorized payment of $150 per person whose
names appeared on 1933 roll and/or their lineal descendants
Mission Indian Federation Meeting
Federally Recognized Tribes in Southern California
Indian Policemen
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Indian Reorganization Act
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Reservation
Promoted by John Collier, commissioner of
Indian affairs under Franklin D. Roosevelt.
Prohibited further individual allotments on
reservations.
Provided for expansion of reservation lands.
Allowed Indians to establish semiautonomous
governments on reservations.
Opposed by Mission Indian Federation because
they feared they would be subject to control by
the BIA.
Public Law 280
 Enacted
in 1953
 Part
of legislation designed to sever
relations between the federal government
and Calif. Indians
 Transferred
civil and criminal jurisdiction
over Californía’s reservations to the state.
Indian Reorganization Act (IRA)
ELECTION RESULTS PERCENTAGE
Voting
Population
Total
Vote
For
Total
Vote
Against
Failed
to
Vote
Percentage for
IRA
Percentage
Against
IRA
Percentage
Failed to
Vote
Augustine
13
0
6
7
0
46
54
Cabazon
17
0
7
10
0
41
59
Barona
32
22
5
5
Cahuilla
69
3
33
30
69
16
15
Campo
73
7
18
48
4
48
43
CapitanGrande
(akaViejas)
55
15
30
10
28
54
18
Cuyapaipe
5
0
0
5
0
0
100
Inaja
22
0
15
7
0
68
32
Laguna
1
1
0
0
100
--
--
LaJolla
145
28
68
47
19
48
33
LaPosta
3
2
0
1
67
0
33
LosCoyotes
52
3
37
12
6
71
23
Manzanita
36
3
0
33
8
0
92
MesaGrande
119
9
64
45
8
54
38
MissionCreek
10
0
3
7
0
30
70
Morongo
173
25
79
68
14
46
39
Pala
121
7
66
48
6
55
40
PalmSprings
31
04
16
11
13
52
35
PaumaValley
37
0
23
14
0
62
38
Pechanga
156
14
48
93
9
31
60
Rincon
114
22
58
30
19
51
26
SanManuel
25
2
10
13
8
40
52
SanPasqual
3
2
1
0
67
33
0
SantaRosa
32
3
13
14
9
41
44
SantaYsabel
SantaYsabel
122
14
47
61
11
39
50
SantaYnez
48
20
0
28
42
0
58
Soboba
76
6
57
13
8
75
17
Sycuan
23
6
16
1
26
70
4
Torres‐
Torres‐Martinez
117
11
66
38
9
56
32
TOTALS
1730
229
786
699
19%
40%
41%
Indian Claims Commission
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Established to resolve Land Claims Cases
California divided into two areas: A & B.
Kroeber, Barrett, Heizer testified on behalf of California
Indians
1959 – final decision in favor of “Indians of California”
Proposed settlement $29 million
Native land rights under Spain and Mexico not
acknowledged
Meetings held by BIA throughout California
New Calif. Indian “Judgement
“Judgement Roll” created, 19681968-1972
$668.51 payment per individual
Contemporary Issues and Concerns
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Federal Recognition Process
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Criterion (a): The petitioner has been identified as an American Indian entity
entity on a
substantially continuous basis since 1900.
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Criterion (b): A predominant portion of the petitioning group comprises a distinct
distinct
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community and has existed as a community from historic
al times until the present.
Criterion (c): The petitioner has maintained political influence or authority over its
members as an autonomous entity from historical times until the present.
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Sovereignty
Federal Acknowledgement
Protection of Traditional Cultural Properties
NAGPRA
Disenrollment
Bringing Land into Trust to Add to Reservations
Preservation of Language and Culture
Usurption of Identity
Criterion (e): The petitioner's membership consists of individuals who descend
descend from a
historical Indian tribe or from historical Indian tribes which combined
combined and functioned
as a single autonomous political entity.
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