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Early California Laws and Policies Related to California Indians (2002) (51 pages)
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Page: of 51
Did the State of California enact laws that prohibited California Indians from practicing
their religion, speaking their languages or practicing traditional ceremonies and customs?
Senator John L. Burton requested that the California Research Bureau research this
question.'
t
The initial investigation and research contained in this report’ led to a focus on four
examples of early State of California laws and policies that significantly impacted the
California Indians’ way of life:
e The 1850 Act for the Government and Protection of Indians and related
amendments;
e California militia policies and “Expeditions against the Indians” during 1851 to
1859;
e The State of California’s official response to federal treaties negotiated with
California Indians during 1851 to 1852; and
e Early and current state fish protection laws that exempt California Indians from
related prohibitions.
The 1850 Act for the Government and Protection of Indians 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.
The California Legislature created the laws that controlled California Indians’ land, lives
and livelihoods, while enforcement and implementation occurred at the county and local
township levels. Some examples include:
e County-level Courts of Sessions and local township Justices of the Peace
determined which Indians and Indian children were “apprenticed” or indentured
pursuant to the 1850 Act for the Government and Protection of Indians.
e Under the same act, Justices of the Peace, mayors or recorders of incorporated
towns or cities, decided the status and punishment of “vagrant” Indians.
e Under the California Constitution and state militia laws, California governors
ordered local sheriffs to organize the men to conduct the “Expeditions against the
Indians.”
California Research Bureau, California State Library 1