The American Indian in the United States, Period 1850-1914: ... The Present Condition of the American Indian; His Political History and Other Topics; A Plea for JusticeMoorehead, Warren K. (Warren King)
History
The American Indian in the United States, Period 1850-1914: ... The Present Condition of the American Indian; His Political History and Other Topics; A Plea for Justice
Moorehead, Warren K. (Warren King)
Indians of North America; Indians of North America -- Government relations -- 1869-1934
The attitude of the great majority
of white citizens was apathetic, rather than hostile, and the more
active minority were allowed their will with the Indians. For years no
local church seems to have made any efforts on behalf of Indians, and
though there were not wanting distinguished instances where individuals
braved local public opinion by standing out for the rights of Indians,
the effect upon the times was small. The attitude of the Californians is
reflected by the provisions of their early codes in regard to Indians.
See Act of the Legislature of California approved April 22, 1850, Ch.
408, section 3650 et seq. of the California Code of that day. Indians
were placed under justices of the peace. Originally an Indian could not
sue or be sued, but this was altered in 1855. Cruel treatment of Indian
minors was punishable by a fine of $10. Any Indian who had fallen into
the clutches of the law upon a finable offense, had his labor sold to
the highest bidder, until his fine was worked out, the purchaser giving
a bond for the fine.[64] Any Indian could upon the complaint of any
citizen, be haled into a justice court, adjudged an “able-bodied Indian
vagrant” and his labor sold to the highest bidder for four months.[65]
These laws were never enforced very oppressively and had become a dead
letter long before they were finally repealed in 1883. Nor were State
laws the only ones of which Indians might complain. After the American
occupation, for some forty years, there was no practical way in which an
Indian could in California acquire title to land from the public domain.
The Indian was not a citizen and could not select land under the
homestead or other land acts. He was not an alien and could not be
naturalized as a citizen. There was no law under which a California
Indian could become a citizen, until the passage of the general
allotment Act in 1887.[66] The Indian homestead Acts of 1875 and 1883
were of little value, as the technical requirements were too onerous, no
one was designated to see that Indians were assisted and few Indians
ever heard of the Acts. Under the general allotment Act and subsequent
to 1891, some 1800 Indian allotments were made in California. This
allotting was done by Special Agents sent from Washington, who were
unfamiliar with local conditions, hence water rights, soil qualities,
timber, etc., were not looked after, and at least two-thirds of these
allotments were of little or no value to the Indian allottees. About
1400 of the 1800 allotments were made in the five northeastern counties
of the State and in these counties the few allotments that were
inhabitable have proved of great value to the Indians. In the remainder
of the State there was little land unappropriated and the allotment laws
brought no relief to the larger number of Indians.[67]
Public-domain text, read in full here on John Shaqi.
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