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California Legislature Documents of 1851-1852 - Indian Treaties (5 pages)

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( GOL [aremnof G05 (
empire extends from sea to sea, and whose area has, within three-fourths:
of a century, expanded from 521,660 to 3,221,595 square miles, if nope
one that should seek to raise the character of the Indian, to civilize, refing
and enlighten, should at least be one that could tolerate their existence
and even allow them a resting and abiding place, on the clay from whi
they were formed. 'Uhat suflicient portions of land, in different parts of
the State, should be appropriated for the cultivation and residence of all
such Indians as might need a home; here they would he ennobled, a
escape that certain destruction which awaits them on every other sid@
Here philanthropy and charity, hand in hand. might find a field in whielt
to labor. Irom them, the farmer, grazier and owner of vineyards, migh
derive their accustomed and needed laborers, Will it be said that th
land is not broad enough for them and us? or that while our doors ar
open to the stranger from the uttermost parts of the earth, we have.n9
spare room for the residence of the once sole inhabitants of our magnif
cent empire? Shall future generations seck in vain for one remainil
descendant of the sons of the forest? Has the love of gold blotted ftdf
our minds all feelings of compassion or justice ?
CONTESTED SEAT
FROM
TWENTY. SECOND SENATORIAL DISTRICT,
EPOR'T OF MR. 'TINGLEY AS ONE op THE COMMITTEE
J A coup NQ
AsI do not coincide with the majority of your Committce in the pol ON ELECTIONS.
to be pursued by the General Government, [ must depart from the op
ion expressed by them for the proper action of this body. ‘They reco
mend that our Senators be instructed to oppose the approval of all fh
Treaties made with the Indians in this State, by the U. S. Indian
missioners. Now, so far as those 'Treatics can have any effect on the;
dians with whom they have been made as Treaties, the effect has talk
place, and the eflvet will be the same on the Indians to disapprove 4
those treaties by our Congressional Senate at this time, as to annul and
set them aside after they shall have been approved. "Che Indians
consider it as mucha breach of faith in one ease as in the other; and
the Indians are to be told that those Commissioners had no powe
make 'T'reaties, or that the President or Government can falsify itself, WI
you expect them hereafter to enter into any treaty, or keep inviolate, on
after having entered into it? Can it be expected that they will place an
reliance on any Government Agent who may be sent to negotiate for th
removal 2
Jn the matter of the contested scat for the office of Senator from the
enty-Second District.
Cmtestants—J. W. Denver, J. I. Harper, J. A. Lyle.
1, Mr. Denver insists that Scott’s Par is in Klamath County ; that the
e there given was legally counted for him: that. the alleged yote at
inson’s Dar is a fraud; that he is a resident of California, and cligible
the office of Senator ; that, deducting the vote of Johnson's Bar, given
Harper,—and counting the residue of votes in the (listrict, including
ott’s Bar,—vives him a Majority of yotes over Ilarper and Lyle, and enles him to the seat.
2, Harper insist that the vote at Johnson’s Bar is valid, and should be
mated ; that Scott’s Bar is in Klamath County, and should be excluded :
Which event he has a majority of votes over both Denver and Lyle, and
entitled to the seat.
These considerations compel me, most respectfully, to recommend fo
the consideration of the Senate, the propriety of instructing our Senato
to examine fully into the treaties made by the U.S. Indian Commis ion
ers with the Indian tribes of this State; and if} in. their judgment, sue
treatics shall be found to be politic, onerous or burdensome to the peg
ple of this State, that they use the influence of their position to have such
treaties altered or amended, to conform to the interest of the State and
will of its people,
3. Lyle contends that Scott's Bar is not in Klamath County ; that the
eof Johnson’s Bar is a fraud; that excluding the yotes east at Seott’s
dJohnson’s Bars, he has a majority of all the votes over Denver and
Burper, and is entitled to his seat,
A mass of testimony has been taken by the respective contestants, which
now submitted for the consideration of the Senate.
As one member of the Committee on Mlections, in my judement the testbony warrants me in coming to the following conclusions -