Diminishing the Indians in California

The narrative of California’s indigenous people during the mid-19th century is a somber chapter in American history, one marked by displacement, disenfranchisement, and a systematic erosion of their way of life. Before the transformative events of the Gold Rush, the demographic landscape of California was vastly different. Prior to 1845, the Spanish and Mexican population, known as Californios, numbered only a few thousand. However, the discovery of gold in 1848 triggered an unprecedented influx of settlers, dramatically altering the region’s demographics. By 1849, the non-Indian population had exploded to an estimated 100,000, placing immense pressure on the existing resources and, more significantly, on the native inhabitants.

The indigenous population of California was already vulnerable before this demographic shift. Years of exposure to European diseases, coupled with disruptions to their traditional food sources and violent encounters with the Californios, had significantly weakened their numbers and societal structures. The arrival of the Americans exacerbated these existing challenges. Driven by the allure of quick riches, the new settlers often displayed a blatant disregard for the rights and well-being of the California Indians.

Historian Hubert Howe Bancroft, in his comprehensive account of the era, offered a stark assessment of the relationship between the incoming Americans and the native population. He described it as a ruthless and brutal affair, devoid of any pretense of compassion or attempts at civilizing the indigenous people. Bancroft characterized the interactions as "one of the last human hunts of civilization and the basest and most brutal of them all," highlighting the dehumanizing treatment inflicted upon the California Indians. This quote encapsulates the attitude of many of the new settlers toward the indigenous people, viewing them as obstacles to progress and prosperity. The story of Diminishing the Indians in California is a stain in America’s past.

The transition from large Spanish and Mexican ranchos to smaller, more intensively farmed parcels of land further strained the resources available to the California Indians. The new landowners, more numerous and often less tolerant than their predecessors, implemented agricultural practices that severely depleted the Indians’ natural food supply. Traditional hunting grounds were disrupted, and access to vital resources was restricted. Moreover, the jobs that had once sustained many indigenous families, particularly skilled labor positions, were increasingly taken over by white settlers, leaving them further marginalized and impoverished. This economic displacement added another layer of hardship to their already precarious existence. Diminishing the Indians in California also meant taking away their livelihood.

The early actions of the California Legislature reflected the prevailing attitudes toward the native population. At the first State Constitutional Convention, delegates voted to deny Indians the right to vote, driven by a fear that they might wield political influence. This decision effectively silenced the voices of the indigenous people and excluded them from the political process, ensuring their continued marginalization.

In 1850, the newly formed State Legislature passed the "Act for the Government and Protection of Indians," a law that, despite its seemingly benevolent title, ultimately served to further exploit and control the native population.

The Act contained several provisions that had detrimental consequences for the California Indians:

1. Vagrancy Laws: The act allowed for the arrest of Indians deemed to be vagrant, a vaguely defined term that could be easily applied to anyone without visible means of support. Once arrested, these individuals could be leased out to white settlers for labor, essentially legalizing a system of forced servitude.
2. Indentured Servitude of Children: The law permitted the "indenturing" of Indian children to white families, ostensibly for the purpose of education and training. However, this provision was often abused, with children being exploited for their labor and subjected to harsh treatment.
3. Testimony in Court: The act prohibited Indians from testifying against white individuals in court, effectively denying them any legal recourse in cases of abuse or exploitation. This provision rendered them vulnerable to injustice and further solidified their position as second-class citizens.
4. Compensation for Trespass: While ostensibly protecting Indian land, this provision was often used to justify the removal of Indians from their ancestral territories, as settlers could claim compensation for any perceived trespass.

While the act nominally allowed Indians to reside on private land, its provisions were widely abused, particularly concerning the use of Indian labor. The law created a system that incentivized the exploitation of indigenous people and stripped them of their basic rights. Diminishing the Indians in California was facilitated by this act.

Further evidence of the state government’s hostile attitude toward the California Indians can be found in the allocation of substantial funds for the "suppression of Indian hostilities." During 1851 and 1852, the California Legislature authorized the expenditure of $1,100,000 for this purpose, followed by an additional $410,000 in bonds issued in 1857. While these payments were ostensibly intended to resolve conflicts between whites and Indians, they primarily served to encourage the formation of volunteer militias, whose main objective was often the elimination of indigenous communities. The promise of financial compensation incentivized violence and further destabilized the region.

In 1860, the 1850 law was amended to allow for the placement of Indian children and "vagrant" Indians under the custody of white individuals for employment and training. This amendment effectively extended the period of forced servitude, allowing for the retention of Indian laborers until the ages of 40 for men and 35 for women. The amendment further institutionalized the practice of Indian slavery, making it legal to retain indigenous people for extended periods and to take them at a younger age.

The kidnapping and sale of Indian children became a widespread practice, particularly in northern California. In 1862, the Alta California newspaper reported on the capture of sixteen Indian children by George H. Woodman near Ukiah, who intended to sell them outside the county. U.S. Agent George Hanson reported that a band of desperate men had been carrying on a system of kidnapping for two years. "Indian children were seized and carried into lower counties and sold into virtual slavery," he wrote. This was not an isolated incident. The kidnappers followed at the heels of the soldiers to seize these children when their parents were murdered to sell them at the best advantage. When there was no other way, there was "a class of whites who systematically killed adults to get their children." The story of Diminishing the Indians in California is filled with atrocities.

In Southern California, city officials would pick up Indians as vagrants and turn them over to ranchers and others who needed laborers. This was all done under the provisions of the 1850 law. After four months or some other term of service, the employer would return the Indians to the city, usually to a place where alcohol was served. Shortly after their return, the Indians would be picked up again as vagrants and returned to the labor force.

These practices continued until 1866 when the State Legislature repealed the law to comply with the 14th Amendment of the United States Constitution. The 14th Amendment, ratified in 1868, guarantees equal protection under the law and prohibits states from infringing on the privileges or immunities of citizens, depriving any person of life, liberty, or property without due process of law.

Despite the state’s actions, the federal government attempted to negotiate treaties with California Indians. In 1851, three commissioners were appointed to negotiate treaties with the various tribes. By 1852, 18 treaties had been negotiated with 139 tribes, setting aside approximately 7,488,000 acres of land, or about one-third of California, for Indian use. These treaties also included provisions for materials and food to help the Indians become self-sufficient. The treaties, however, met with strong opposition in California.

The California State Senate concluded that the treaties "committed an error in assigning large portions of the richest mineral and agricultural lands to the Indians, who did not appreciate the land’s value." The legislature instructed the United States senators from California to oppose the ratification of the treaties and called for the government to remove the Indians from the state.

In February 1852, President Millard Fillmore submitted the 18 treaties to the United States Senate for ratification. The Senate went into a secret session to discuss the treaties and ultimately failed to ratify them. The treaties were then placed in secret files, where they remained for the next 53 years. In 1871, the United States Congress declared that it would no longer negotiate treaties with American Indians.

Although the treaties were never ratified, the United States Government continued to establish reservations and move Indians to them. In 1852, Edward F. Beale was appointed as the first Superintendent of Indian Affairs in California. Beale planned to establish five reserves. Congress appropriated $250,000, and in September 1853, Beale gathered some 2,000 Indians and established the 50,000-acre Tejon Reserve.

In 1854, Colonel Thomas J. Henley replaced Beale as superintendent. Henley established the Nome Lackee Reservation; Nome Cult, Mendocino; Fresno Indian Farm; and Kings River Indian Farm. However, the reservations suffered from a lack of water, and squatters grazed their cattle on unfenced land, destroying crops. These early reserves eventually left federal ownership, and the Indians who resided on them were forced to move again.

In 1870, the federal government turned over the operation of the reservations to the Quaker Church to get away from corrupt superintendents and to convert the Indians to Christianity. While the new management was not corrupt and was better for the general welfare of the Indians, the church was less tolerant of Indians continuing their traditional beliefs.

The 1870s saw two other important events in California Indian history: the Ghost Dance and the Modoc War of 1872-73. The Ghost Dance spread throughout much of California and encouraged traditional activities among the California Indians. The Modoc War, led by Captain Jack, was the last armed resistance by California Indians.

In 1872, the California Constitution was amended to allow Indians to testify in courts of law.

In conclusion, the period of California’s statehood was a time of significant hardship and injustice for the indigenous population. Laws were enacted that infringed on their rights, and they were often subjected to forced labor and violence. Treaties were negotiated but ultimately rejected, and the establishment of reservations proved to be an inadequate solution. The story of Diminishing the Indians in California is a stark reminder of the challenges faced by indigenous people in the face of westward expansion and the importance of recognizing and addressing historical injustices.