User:J3nn!f3rros3/Act for the Government and Protection of Indians

The Act for the Government and Protection of Indians was created in 1850 in California. This act led to the forced servitude of many Native Americans, providing for forced labor of any Native American deemed to be loitering or orphaned. Further, the act regulated employment terms and redefined criminal activity and subsequent punishment. At the time, Native Californians were not eligible to become citizens, were not allowed to vote, and were unable to testify in court.

The act "facilitated removing California Indians from their traditional lands, separating at least a generation of children and adults from their families, languages, and cultures (1850 to 1865). This California law provided for "apprenticing" or indenturing Indian children and adults to Whites, and also punished "vagrant" Indians by "hiring" them out to the highest bidder at a public auction if the Indian could not provide sufficient bond or bail." It was amended in 1860. Although the California legislature repealed parts of the statute after the 13th Amendment to the United States Constitution abolished involuntary servitude, it was not repealed in its entirety until 1937. This law set the tone for much of Indigenous-White relations to come.

The Act for the Government and Protection of Indians is in line with other laws passed in the state of California during this time, such as the Greaser Act in 1855 and the Foreign Miners' Tax Act of 1850 (repealed in 1851 and reinstated in 1852).

One point to note is the act created legal slavery of native Americans in California even though California was admitted to the union as a free state in 1850. Free as in no black slavery allowed. However, this did not stop governor Peter Hardeman Burnett from signing the law and instituting it fully knowing it would state-sanction genocide. He explained in his Governor's speech from January 6th, 1851 "That a war of extermination will continue to be waged between the races until the Indian race becomes extinct must be expected,”. Looking at Peter Hardeman Burnetts' first Governor's speech from January 6th, 1851 there is a section that explains a god-given right where his hatred and genocidal points of view for native Americans is quite clear.

Background

The California Gold Rush

Men and Women in the 1850 California Gold Rush

Prior to 18465, the non-native population of California was limited to only a few thousand people, however, during the California Gold Rush, this population had grown to 100,000 people. Tensions built between Anglo American miners and Natives in the area. Early on in the Gold Rush, miners banded together in what were essentially militia groups, with malicious and threatening goals of harassment and murder of Indigenous peoples in the area. This led to many instances of massacre, with groups of natives becoming smaller in size and weaker in their ability to fight back. They were already battling disease and lack of food. Also at this time, the scalps and ears of Natives were commodified, so there was monetary incentive to commit acts of violence against those indigenous to the area. Legislation passed through California and eventually the federal government permitting public funds to be used for this purpose, leading to sanctioned genocide in the area setting a precedent of horrific violence against Native Americans in California.

Beginning in July of 1846, The United States occupied California, having many implications on Indigenous relations. In an effort to mediate conflict, General Kearny, governor of California, appointed John Sutter and Mariano Vallejo to offices in April of 1847 to secure information pertaining to Native Californians in their respective areas, establish local regulations, and considered themselves protectors of those Indigenous to the area. However, the interactions that took place were not protective and not peaceful. As a result, Lieutenant Sherman authorized any person to shoot those Native to the area, if caught stealing a horse. Natives that were employed were required to have certification on them beginning November 1, 1847, and those caught without these certificates were to be considered horse-thieves, and arrested and punished as such. At the same time, the United States ruled that Native Americans in the area did not have the right to sell or lease the lands on which they resided.

Thomas Butler King was appointed to analyze conditions in California, particularly pertaining to Indigenous relations, by the President in 1849. "Indian agents" and "subagents" were assigned by the commissioner of Indian affairs in various areas, appointed to study land titles and further understand Indigenous relations. Thomas Butler King's report misrepresented the Native Californians in the area, conveying that those Indigenous to the land were of the lowest grade of being, and held little inclination to work or improve their status. King made the assumption that they could benefit from teachings of arts of civilization. Adam Johnston had a similar report, concluding that Indigenous groups were in a low stage of development, and were being pushed out of their homes by migrants. These reports most likely held influence over the policies that came to follow, enforcing the concentration and distribution of resources by the federal government.

The First California Constitution

The California Constitution, circa 1849

In 1849, the first constitution of California was created by the delegates of the California Constitutional Convention. There was debate over whether those considered Native to California should have the right to vote. A minority cited the Declaration of Independence and taxation without representation as reason to allow it, though ultimately the majority won, and Native Californians were not allowed to vote.

On April 22, 1850, the first California Legislature passed An Act for the Government and Protection of Indians, initially introduced as An Act relative to the protection, punishment, and government of Indians by Senator Chamberlin.

Provisions of the Act

The Act in essence facilitated the removal of Indigenous groups native to California, and separated a generation of children and adults from their native culture, families, and languages. Additionally, it indentures Indigenous members to White people in the area.

The provisions of this act of important note are as follows:

3. Any person having or hereafter obtaining a minor Indian, male or female, from the parents or relations of such Indian Minor, and wishing to keep it, such person shall go before a Justice of the Peace in his Township, with the parents or friends of the child, and if the Justice of the Peace becomes satisfied that no compulsory means have been used to obtain the child from its parents or friends, shall enter on record, in a book kept for that purpose, the sex and probable age of the child, and shall give to such person a certificate, authorizing him or her to have the care, custody, control, and earnings of such minor, until he or she obtain the age of majority. Every male Indian shall be deemed to have attained his majority at eighteen, and the female at fifteen years.

6. Complaints may be made before a Justice of the Peace, by white persons or Indians: but in no case shall a white man be convicted on any offence upon the testimony of an Indian.

7. If any person forcibly conveys an Indian from his home, or compels him to work, or perform against his will, in this State, except as provided in this Act, he or they shall, on conviction, be fined in any sum not less than fifty dollars, at the discretion of the Court or Jury.

9. It shall be the duty of the Justices of the Peace, in their respective townships, as well as all other peace officers in this State, to instruct the Indians in their neighborhood in the laws which relate to them, giving them such advice as they may deem necessary and proper; and if any tribe or village of Indians refuse or neglect to obey the laws, the Justice of the Peace may punish the guilty chiefs or principal men by reprimand or fine, or otherwise reasonably chastise them.

13. Justices may require the chiefs and influential men of any village to apprehend and bring before them or him any Indian charged or suspected of an offence.

14. When an Indian is convicted of an offence before a Justice of the Peace, punishable by fine, any white man may, by consent of the justice, give bond for said Indian, conditioned for the payment of said fine and costs, and in such case the Indian shall be compelled to work for the person so bailing, until he has discharged or cancelled the fine assessed against him: Provided; the person bailing shall treat the Indian humanely, and feed and clothe him properly; the allowance given for such labor shall be fixed by the Court, when the bond is taken.

16. An Indian convicted of stealing horses, mules, cattle, or any valuable thing, shall be subject to receive any number of lashes not exceeding twenty-five, or shall be subject to a fine not exceeding two hundred dollars, at the discretion of the Court or jury.

20. Any Indian able to work and support himself in some honest calling, not having wherewithal to maintain himself, who shall be found loitering and strolling about, or frequenting public places where liquors are sold, begging, or leading an immoral or profligate course of life, shall be liable to be arrested on the complaint of any reasonable citizen of the county, brought before the Justice of the Peace of the proper county, Mayor or Recorder of any incorporated town or city, who shall examine said accused Indian, and hear the testimony in relation thereto, and if said Justice, mayor or Recorder shall be satisfied that he is a vagrant, as above set forth, he shall make out a warrant under his hand and seal, authorizing and requiring the officer having him in charge or custody, to hire out such vagrant within twenty-four hours to the highest bidder, by public notice given as he shall direct, for the highest price that can be had, for any term not exceeding four months; and such vagrant shall be subject to and governed by the provisions of this Act, regulating guardians and minors, during the time which he has been so hired. The money received for his hire, shall, after deducting the costs, and the necessary expense for clothing the said Indian, which may have been purchased by his employer, be, if he be without a family, paid into the County Treasury , to the credit of the Indian Fund. But if he have a family, the same shall be appropriated for their use and benefit: Provided, that any such vagrant, when arrested, and before judgment, may relieve himself by giving to said Justice, mayor or Recorder, a bond, with good security, conditioned that he will, for the next twelve months, conduct himself with good behavior, and betake to some honest employment for support.

Amendments

Since ratification, there were minor changes made to the Act. Amendments to the act were passed in 1860, amending sections 3 and 7 to be as follows:

Sec. 3. County and District Judges in the respective counties of this state, shall, by virtue of this act, have full power and authority, at the instance and request of any person having or hereafter obtaining an Indian child or children, male or female, under the age of fifteen years, from the parents or person or persons having the care or charge of such child or children, with the consent of such parents or person or persons having the care or charge of any such child or children, or at the instance and request of any person desirous of obtaining any Indian or Indians, whether children or grown persons, that may be held as prisoners of war, or at the instance and request of any person desirous of obtaining any vagrant Indian or Indians, as have no settled habitation or means of livelihood, and have not placed themselves under the protection of any white person, to bind and put out such Indians as apprentices, to trades, husbandry, or other employments, as to them shall appear proper, and for this purpose shall execute duplicate articles of indenture of apprenticeship on behalf of such Indians, which indentures shall also be executed by the person to whom such Indian or Indians are to be indentured; one copy of which shall be filed by the County Judge, in the Recorder's office of the county, and one copy retained by the person to whom such Indian or Indians may be indentured; such indentures shall authorize such person to have the care, custody, control, and earnings, of such Indian or Indians, as shall require such person to clothe and suitably provide the necessaries of life for such Indian or Indians, for and during the term for which such Indian or Indians shall be apprenticed, and shall contain the sex, name, and probable age, of such Indian or Indians; such indentures may be for the following terms of years: Such children as are under fourteen years of age, if males, until they attain the age of twenty-five years; if females, until they attain the age of twenty-one years; such as are over fourteen and under twenty years of age, if males, until they attain the age of thirty years; if females, until they attain the age of twenty-five years; and such Indians as may over the age of twenty years, then next following the date of such indentures, for and during the term of ten years, at the discretion of such Judge; such Indians as may be indentured under provision of this section, shall be deemed within such provisions of this act, as are applicable to minor Indians.

Under this amendment, it was allowed for Native children to be put under custody for the purpose of employment or training, and retain these services well into adulthood, namely 40 years old for men and 37 years old for women.

Sec. 7 If any person shall forcibly convey any Indian from any place without this State, to any place within this State, or compel him or her to work or perform any service, against his or her will, except as provided in this act, he or they shall, upon conviction thereof, be fined in any sum not less than one hundred dollars, nor more than five hundred dollars, before any court having jurisdiction, at the discretion of the court, and the collection of such fine shall be enforced as provided by law in other criminal cases, one-half to be paid to the prosecutor, an one-half to the county in which such conviction is had.

Later, in 1872, section 6, "Complaints may be made before a Justice of the Peace, by white persons or Indians: but in no case shall a white man be convicted on any offence upon the testimony of an Indian." was repealed.

In 1872, the California Constitution was amended, granting Native Americans the right to testify in courts of law.

Implementation

This act allowed for any Native American that was strolling about to be declared vagrant by a white person and taken before a justice, to be subsequently sold at public auction, and was very much exploited in the overuse of this allowance by white Americans. At the time, it was common for ranchers and land owners to pay their workers, many of whom were Native Americans, in alcohol. Thus, public intoxication was almost encouraged, leading to frequent arrests and ensuing enslavement. After a few months of employment, it was common for enslaved Native Americans to be returned to the streets, typically in an area with alcohol in order to be declared a vagrant once again and be returned to labor. Workers were forced to work until their debt was paid, and these citizens did not have to right to vote or testify in court. These auctions occurred in the streets of present-day Los Angeles, acting as a flourishing slave market from 1850-1870. Many men made livings off of these auctions, with young Native Californians being sold anywhere from $30 to $150.

In the years of 1851 and 1852, the California Legislature financially incentivized harassment of Natives, authorizing pay of $1,100,000 for the "suppression of Indian hostilities." These bonds were continued in the year 1857 in the amount of $410,000.

The law was repealed in 1866, after the 14th Amendment was added to the United States Constitution. This stated that no state should infringe on any citizen's privileges or immunities, nor deprive any person of life, liberty, or property without due process of law, nor deny any one person the equal protection of the law. However, the Act was not repealed in its entirety until 1937.

Treaties and Negotiations

In 1851, a process of treaty writing began following the appointment of three commissioners by the federal government, with 18 treaties negotiated with various tribes in the California region by 1852. Cumulatively, these treaties set aside almost 7.5 million acres of land, close to one third of the land in California, specifically for Native use. These treaties also consisted of substantial nourishment, providing money for meals and resources in a hope to have the tribes be self-sufficient. Almost immediately, these treaties were opposed in the State Senate, and ordered to be opposed in ratification, calling for the removal of Indians due to the dislike of assigning large portions of promising agricultural land to those Native to the land. The United States government failed to ratify these treaties.

In 1852, the first Superintendent of Indian Affairs in California, Edward F. Beale, was appointed, with a plan to establish at least five reserves. $200,000 was appropriated by Congress, and the Tejon Reserve was established in September of 1853. Around 2,000 Natives were brought to the 50,000 acre land. However, in focusing on these efforts Beale neglected many other vulnerable Native Californians. In 1854, he was removed from his position.

His replacement in 1854, Col. Thomas J. Henley, established the Nome Lacklee Reservation; Nome Cult, Mendocino; Fresno Indian Farm; and Kings River Indian Farm. These reservations suffered from crop damage and a lack of water, resulting in poor living conditions. Eventually, federal ownership was relinquished and once again those native to the land were forced to move. In 1870, oversight of the reserves was turned over to the Quaker Church, in addition to the Methodists, Baptists, and other churches, which were generally intolerant of Native American's traditional beliefs. Turning reservations into missions began the first tool in California-Native American relations used in attempt to assimilated Natives into the general population.

Cultural Influence

Over the time period of this act's existence (1850-1870), Native Californians' population in Los Angeles decreased from 3,693 to 219 people.

Native groups have since used this auction location as a common protest site, emphasizing the location's history of injustice.

Those Native to California were not allowed the right to vote, even after the 15th Amendment of the United States was ratified, affirming the right of all US citizens to vote. California Natives were not granted the right to vote until the Federal Citizenship Act of 1924 was passed.