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California Indians California Indians Under U.S. GovernanceUnder U.S. Governance

John R. JohnsonJohn R. JohnsonAnthropology 131CAAnthropology 131CA

California Indians under U.S. California Indians under U.S. GovernanceGovernance

Gold Rush and Indian WarsGold Rush and Indian Wars Early California Laws and PoliciesEarly California Laws and Policies Treaties and Early ReservesTreaties and Early Reserves Ghost Dance 1871Ghost Dance 1871--7272 Advocates for Indian RightsAdvocates for Indian Rights Dawes Allotment Act of 1887Dawes Allotment Act of 1887 California Indian Land ClaimsCalifornia Indian Land Claims Modern Reservation GovernmentModern Reservation Government Federal Recognition ProcessFederal Recognition Process

Chico Maidu Ranchería of Céno, 1852(Sketch by Henry B. Brown)

Interior of Patwin Dwelling along the Sacramento River near Colusa, 1852(Sketch by Henry B. Brown)

Chico Maidu Men Gambling in Dancehouse, 1852(Sketch by Henry B. Brown)

“Summer Lodges [of] California Indians near Shasta, 1852”

(Sketch of Wintu encampment by Henry B. Brown)

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Wintu Boy (left) and Women (right), 1852(Sketches by Henry B. Brown)

President Polk’s objective was to extend the boundaries President Polk’s objective was to extend the boundaries of the U.S. to the Pacific Coastof the U.S. to the Pacific Coast

John C. John C. FrémontFrémont enters California with “exploring party” enters California with “exploring party” in spring of 1846in spring of 1846

Bear Flag Republic proclaimed by small group of AngloBear Flag Republic proclaimed by small group of Anglo--American settlers at Sonoma, June 14, 1846American settlers at Sonoma, June 14, 1846

Treaty of Treaty of CahuengaCahuenga signed January 13, 1847signed January 13, 1847 Gold discovered by James Marshall at Sutter’s Mill, Gold discovered by James Marshall at Sutter’s Mill,

January 24, 1848January 24, 1848 Treaty of Guadalupe Hidalgo, February 2, 1848 Treaty of Guadalupe Hidalgo, February 2, 1848 By the end of 1849, 100,000 miners enter CaliforniaBy the end of 1849, 100,000 miners enter California Statehood granted September 9, 1850Statehood granted September 9, 1850

U.S. Conquest of CaliforniaU.S. Conquest of California

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.

1850: An Act for the Government 1850: An Act for the Government and Protection of Indiansand Protection of Indians

White persons or proprietors could apply to the Justice White persons or proprietors could apply to the Justice of the Peace to remove Indians from lands in the white of the Peace to remove Indians from lands in the white person’s possession.person’s possession.

Any person could go before a Justice of the Peace to Any person could go before a Justice of the Peace to obtain Indian children for indenture.obtain Indian children for indenture.

Justice of the Peace had jurisdiction in all cases related Justice of the Peace had jurisdiction in all cases related to Indians, without the Indians ability to appeal.to Indians, without the Indians ability to appeal.

No white person could be convicted of an offense based No white person could be convicted of an offense based on the testimony of Indians.on the testimony of Indians.

Vagrant or drunken Indians could be hired out to the Vagrant or drunken Indians could be hired out to the highest bidder to pay for cost of their incarceration.highest bidder to pay for cost of their incarceration.

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Drawing of Indian Rancheria on Dry Creek said to have been made shortly before being involved in a fight with local whites

Conflicts and Conflicts and AtrocitiesAtrocities

1849 –– Clear Lake Massacre (Eastern Clear Lake Massacre (Eastern Pomo)Pomo)

18501850--51 51 –– Mariposa Indian War (Sierra Mariposa Indian War (Sierra Miwok)Miwok)

1851 1851 –– Antonio Antonio GarraGarra Revolt (Cupeño)Revolt (Cupeño) 1860 1860 –– 100 men, women, and children 100 men, women, and children

massacred by immigrant settlers during massacred by immigrant settlers during World Renewal Ceremony at World Renewal Ceremony at TolowotTolowotvillage on Guenther Island in village on Guenther Island in HumboltHumboltBay (Wiyot)Bay (Wiyot)

18611861-- Owens Valley Indian WarOwens Valley Indian War 1863 1863 –– U.S. Troops capture and put to U.S. Troops capture and put to

death 35 men camped on upper Kern death 35 men camped on upper Kern River (Tubatulabal and Kawaiisu)River (Tubatulabal and Kawaiisu)

1873 1873 –– Modoc Indian WarModoc Indian War

Eighteen TreatiesEighteen Treaties18511851--5252

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 California divided into three parts, one agent assigned to each:agent assigned to each:-- North Coast Range (North Coast Range (ReddickReddick McKee)McKee)-- Sacramento Valley (O. M. Sacramento Valley (O. M. WozencraftWozencraft))-- San Joaquin Valley & So. Calif. San Joaquin Valley & So. Calif.

(George W. Barbour)(George W. Barbour) School teachers, farm instructors, School teachers, farm instructors,

blacksmiths, crops, and livestock blacksmiths, crops, and livestock promisedpromised

Nineteen reserves set asideNineteen reserves set aside July 8, 1852 July 8, 1852 –– Senate refuses to ratify Senate refuses to ratify

treatiestreaties

Two Two NisenanNisenan Chiefs, Signatories to One of the Eighteen Chiefs, Signatories to One of the Eighteen Treaties Negotiated with Special Indian Agents in 1851Treaties Negotiated with Special Indian Agents in 1851--18521852

Weimar, Headman of the DespahTribelet in Grass Valley, with a Child

Tacolah, Headman of the Bempi Tribelet

(Sketched Portraits by Henry B. Brown, 1851)

(Sketches by Henry B. Brown, 1851-52)

“Bul-luc, Chief” “Walla-hoo, Chief”

Treaty SigningTreaty Signing

Round Valley, 1858

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Between 1852Between 1852--1855, Congress authorized 1855, Congress authorized setting aside seven military reservessetting aside seven military reserves

1853 – Sebastian (Tejon) 1856 – Porterville (Tule River) 1856 – Round Valley 1856 – Mendocino 1857 – Fresno River 1857 – Nom Lackee 1857 – Klamath

–

1862 – Smith River 1864 – Hoopa 1882 – Pechanga (executive order) 1887 – Mission Indian

Others

Sebastian Military Reserve, 1853Sebastian Military Reserve, 1853--18641864

Official Map, Tejón Reservation, encompassing 49,928 acres

ElemElem, the Southeastern Pomo, the Southeastern Pomo--speaking town on speaking town on Rattlesnake Island in Clear Lake, about 1870.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 Kinneyto assess the condition of the Indians in southern California

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Luiseño and Cupeño Gathering at Pala, 1880s

Dawes General Allotment ActDawes General Allotment Act

Introduced by Massachusetts Senator Henry Introduced by Massachusetts Senator Henry DawesDawes

Assimilation was a major motivationAssimilation was a major motivation Passed by Congress in 1887Passed by Congress in 1887 Authorized division of reservations into Authorized division of reservations into

allotments of land.allotments of land. Most allotments in California created from Public Most allotments in California created from Public

DomainDomain 1891 1891 –– Amendments to Dawes Act allowed Amendments to Dawes Act allowed

leasing parcels on reservations.leasing parcels on reservations.

Allotments at Rincon Reservation, 1933

Problems with Allotment SystemProblems with Allotment System Tribal governments were deprived of their ability to manage landTribal governments were deprived of their ability to manage land

within their reservationswithin their reservations..

The drawing of allotment boundaries created conflicts between The drawing of allotment boundaries created conflicts between people.people.

After several generations, a single allotment can produce hundreAfter several generations, a single allotment can produce hundreds of ds of heirs who do not qualify for tribal membership.heirs who do not qualify for tribal membership.

Allotments leased or sold to nonAllotments leased or sold to non--Indians have resulted in a loss of Indians have resulted in a loss of land. land.

Movement away from reservations and absenteeism has resulted in Movement away from reservations and absenteeism has resulted in empty buildings and unkempt properties, decreasing quality of liempty buildings and unkempt properties, decreasing quality of life on fe on reservation.reservation.

Public land allotments off reservations have resulted in some Public land allotments off reservations have resulted in some descendants being removed from tribal rolls in cases (like Pala descendants being removed from tribal rolls in cases (like Pala Reservation) where membership requires that a person be descendeReservation) where membership requires that a person be descended d from an original recipient of a reservation allotment.from an original recipient of a reservation allotment.

Legal Landmarks up to 1920sLegal Landmarks up to 1920s 1883 1883 –– Soboba Indians caseSoboba Indians case 1901 1901 –– Supreme court agrees that CupeSupreme court agrees that Cupeñño o

Indians can be Indians can be envictedenvicted 1917 1917 –– Right to vote given to nonRight to vote given to non--

reservation Indiansreservation Indians 1924 1924 –– Right to vote given to reservation Right to vote given to reservation

IndiansIndians 1924 1924 –– Supreme Court rules against Supreme Court rules against

Indians in favor of Tejon RanchIndians in favor of Tejon Ranch

Secular MovementsSecular Movements Indian Rights Association of PhiladelphiaIndian Rights Association of Philadelphia Sequoia League, organized to protest removal of Sequoia League, organized to protest removal of

CupeCupeñños from os from rancheriarancheria at Warner’s Hot Springs, 1901at Warner’s Hot Springs, 1901 Northern California Indian Association, purchased farm Northern California Indian Association, purchased farm

for Manchester Band of Pomo Indians in 1902for Manchester Band of Pomo Indians in 1902 1905 1905 –– Charles E. Kelsey appointed special agent, got Charles E. Kelsey appointed special agent, got

Congress to appropriate funds for Congress to appropriate funds for acquisiionacquisiion of lands for of lands for nonnon--reservation Indiansreservation Indians

1910 1910 –– Indian Board of Cooperation (Frederick Indian Board of Cooperation (Frederick CollettCollett, , Methodist minister)Methodist minister)

1919 1919 –– Mission Indian FederationMission Indian Federation

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Mission Indian Federation Meeting

California Indian Jurisdictional Act, 1928California Indian Jurisdictional Act, 1928

Intended to Reimburse Calif. Indians for land given up in the 18Intended to Reimburse Calif. Indians for land given up in the 185151--52 52 unratifiedunratified treatiestreaties

Created a roll of Calif. Indians, finalized in 1933Created a roll of Calif. Indians, finalized in 1933 Expenditures by the government on behalf of the Indians were to Expenditures by the government on behalf of the Indians were to

be deducted from amount allocated to compensate them for lands be deducted from amount allocated to compensate them for lands taken.taken.

Litigation continued through 1930s and 1940sLitigation continued through 1930s and 1940s U.S. Court of Claims awarded $17.5 million to Calif. IndiansU.S. Court of Claims awarded $17.5 million to Calif. Indians U.S. Government deducted $12 million for monies expended on U.S. Government deducted $12 million for monies expended on

behalf of Indians since midbehalf of Indians since mid--nineteenth centurynineteenth century In 1950, Congress authorized payment of $150 per person whose In 1950, Congress authorized payment of $150 per person whose

names appeared on 1933 roll and/or their lineal descendantsnames appeared on 1933 roll and/or their lineal descendants

Federally Recognized Tribes in Southern California

Indian PolicemenIndian Policemen

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Indian Reorganization ActIndian Reorganization Act

Promoted by John Collier, commissioner of Promoted by John Collier, commissioner of Indian affairs under Franklin D. Roosevelt.Indian affairs under Franklin D. Roosevelt.

Prohibited further individual allotments on Prohibited further individual allotments on reservations.reservations.

Provided for expansion of reservation lands.Provided for expansion of reservation lands. Allowed Indians to establish semiautonomous Allowed Indians to establish semiautonomous

governments on reservations.governments on reservations. Opposed by Mission Indian Federation because Opposed by Mission Indian Federation because

they feared they would be subject to control by they feared they would be subject to control by the BIA.the BIA.

Indian Reorganization Act (IRA)Indian Reorganization Act (IRA)ELECTION RESULTS PERCENTAGEELECTION RESULTS PERCENTAGE

ReservationReservation VotingVotingPopulationPopulation

TotalTotalVoteVoteForFor

TotalTotalVoteVoteAgainstAgainst

FailedFailedtotoVoteVote

Percentage for Percentage for IRAIRA

PercentagePercentageAgainstAgainstIRAIRA

PercentagePercentageFailed toFailed toVoteVote

AugustineAugustine 1313 00 66 77 00 4646 5454

CabazonCabazon 1717 00 77 1010 00 4141 5959

BaronaBarona 3232 2222 55 55

CahuillaCahuilla 6969 33 3333 3030 6969 1616 1515

CampoCampo 7373 77 1818 4848 44 4848 4343

CapitanGrandeCapitanGrande(akaViejas)(akaViejas)

5555 1515 3030 1010 2828 5454 1818

CuyapaipeCuyapaipe 55 00 00 55 00 00 100100

InajaInaja 2222 00 1515 77 00 6868 3232

LagunaLaguna 11 11 00 00 100100 ---- ----

LaJollaLaJolla 145145 2828 6868 4747 1919 4848 3333

LaPostaLaPosta 33 22 00 11 6767 00 3333

LosCoyotesLosCoyotes 5252 33 3737 1212 66 7171 2323

ManzanitaManzanita 3636 33 00 3333 88 00 9292

MesaGrandeMesaGrande 119119 99 6464 4545 88 5454 3838

MissionCreekMissionCreek 1010 00 33 77 00 3030 7070

MorongoMorongo 173173 2525 7979 6868 1414 4646 3939

PalaPala 121121 77 6666 4848 66 5555 4040

PalmSpringsPalmSprings 3131 0404 1616 1111 1313 5252 3535

PaumaValleyPaumaValley 3737 00 2323 1414 00 6262 3838

PechangaPechanga 156156 1414 4848 9393 99 3131 6060

RinconRincon 114114 2222 5858 3030 1919 5151 2626

SanManuelSanManuel 2525 22 1010 1313 88 4040 5252

SanPasqualSanPasqual 33 22 11 00 6767 3333 00

SantaRosaSantaRosa 3232 33 1313 1414 99 4141 4444

SantaSantaYsabelYsabel 122122 1414 4747 6161 1111 3939 5050

SantaYnezSantaYnez 4848 2020 00 2828 4242 00 5858

SobobaSoboba 7676 66 5757 1313 88 7575 1717

SycuanSycuan 2323 66 1616 11 2626 7070 44

TorresTorres‐‐MartinezMartinez 117117 1111 6666 3838 99 5656 3232

TOTALSTOTALS 17301730 229229 786786 699699 19%19% 40%40% 41%41%

Public Law 280Public Law 280 Enacted in 1953Enacted in 1953

Part of legislation designed to sever Part of legislation designed to sever relations between the federal government relations between the federal government and Calif. Indiansand Calif. Indians

Transferred civil and criminal jurisdiction Transferred civil and criminal jurisdiction over over Californía’sCalifornía’s reservations to the state.reservations to the state.

Indian Claims CommissionIndian Claims Commission Established to resolve Land Claims CasesEstablished to resolve Land Claims Cases California divided into two areas: A & B. California divided into two areas: A & B. Kroeber, Barrett, Heizer testified on behalf of California Kroeber, Barrett, Heizer testified on behalf of California

IndiansIndians 1959 1959 –– final decision in favor of “Indians of California”final decision in favor of “Indians of California” Proposed settlement $29 millionProposed settlement $29 million Native land rights under Spain and Mexico not Native land rights under Spain and Mexico not

acknowledgedacknowledged Meetings held by BIA throughout CaliforniaMeetings held by BIA throughout California New Calif. Indian “New Calif. Indian “JudgementJudgement Roll” created, 1968Roll” created, 1968--19721972 $668.51 payment per individual$668.51 payment per individual

Federal Recognition ProcessFederal Recognition Process Criterion (a)Criterion (a): The petitioner has been identified as an American Indian entit: The petitioner has been identified as an American Indian entity on a y on a

substantially continuous basis since 1900.substantially continuous basis since 1900.

Criterion (b)Criterion (b): A predominant portion of the petitioning group comprises a dis: A predominant portion of the petitioning group comprises a distinct tinct community and has existed as a community from historiccommunity and has existed as a community from historic

al times until the present.al times until the present.

Criterion (c)Criterion (c): The petitioner has maintained political influence or authority: The petitioner has maintained political influence or authority over its over its members as an autonomous entity from historical times until the members as an autonomous entity from historical times until the present.present.

Criterion (e)Criterion (e): The petitioner's membership consists of individuals who descen: The petitioner's membership consists of individuals who descend from a d from a historical Indian tribe or from historical Indian tribes which chistorical Indian tribe or from historical Indian tribes which combined and functioned ombined and functioned as a single autonomous political entity. as a single autonomous political entity.

Contemporary Issues and ConcernsContemporary Issues and Concerns

SovereigntySovereignty Federal AcknowledgementFederal Acknowledgement Protection of Traditional Cultural PropertiesProtection of Traditional Cultural Properties NAGPRANAGPRA DisenrollmentDisenrollment Bringing Land into Trust to Add to ReservationsBringing Land into Trust to Add to Reservations Preservation of Language and CulturePreservation of Language and Culture UsurptionUsurption of Identityof Identity