NfLL No. 010003/1972 Volume 1, NO.4 September 197 California Indians-Double Genocide Ignorance makes of a man even a discriminatory pyrarnidial nate them. Being an Indian-killer w; a fearful animal whose vision for Indians. The settlers called considered by many settlers to be ~ response to alien eyes, skin the Indians "Diggers," and seeing them honorable profession. color, dress, and custom as scarcely human began to make The settler-conquerors are often I' is hostile, whose single slaves of them, to herd them like membered as brave adventurers, Ie impulse is to stamp out, cattle to unde~irable lands to let them often as ignorant racists. Their a to obliterate from sight die, and most of all to simply extermi- tions were not labeled as genocic and consciousness a world until after the Second World W; view that contravenes his own. when the act of attempting to wil Almost Ancestors­ out another culture finally bore on tl The First Ctl/i!ornians collective conscience. The last SL viving Indians are left with an u imaginable sense of loneliness. Ide OIn 1848, when the Treaty of Guada­ tity can now be found only in their ov lupe-Hildalgo was signed at the con­ person; their people, language, at clusion of the Mexican War and culture are gone. California became a part of the United States, about 200,000 Indians occupied 90 per cent of the new state. By the The Lost Treaties turn of the century less than 20,000 had survived. After the Treaty of Guadalup Ii The Spaniards began the initial act Hildalgo, the U.S. Government se of obliteration of the native culture three commissioners to California with their missions and pyramidal negotiate with the Indians for the society (Indians as the peon base and land. They started at the top of t the conquerors as the aristocracy) as state and when they finished th far back as 1769. Spanish missions had 18 treaties. In them, t Iv were filled with Indians roundld Indians had ceded 75 million acr up without reference to tribe, to the United States, keepil tongue or personal willingness. only 8.5 million for themselv, What the Spaniards did by this . :::x The Indians were never tc I transposition was decimate ~t. ··W that the treaties had to the populations of whole .. ,~ ~.;~~: ratified by the Senate. Th tribes-they learned a..Jl,i; ~W. also did not know tl too late that In- ~ :2: the California legislatu dians who were .-. • ~ and governor argu uprooted, enslaved vigorously that t and stripped of their treaties should I' cultural identity, be ratified, I chose death to life. that rather t o The Gold Rush Indians should brought an enormous be removed beyo influx of Anglo­ the borders I Saxons who lacked the state. T stop what they considered to be lap.d, they hope to join a~ a group and been, the extension of the Califomi an illegal and non-existant acceptance deposit their claims payments in a penal code to reservation lands h, of their portion of the claim, the trust account either with the govern­ not until recently been a significal settlement was ratified. ment or in a bank. threat to the remnants of Indian cu Congress appropriated the $29 mil­ There are several reasons why Ia­ ture and life style. However, recentI' lion and put it in trust. In 1968 a dians have been joining together in local governments have begun to a law waS passed specifying how the this effort. Some feel that they have sert police power jurisdiction to a monies were to be distributed, and no right to sell land; that it belongs extent and in a manner which, if UJ since that time the Bureau of Indian to everyone. Others have joined be­ held by the federal courtS, will assUI Affairs has been in the process of cau~e they know that California is the destruction of tribal sovereignt determining who should be eligible to worth much more than 47 cents an Unlike many western states, Ca pl1fticip.ate in the settlement. acre. Still others say that this payment fornia has very few areas which aJ is far too small considering that there truly rural, except in the extrerr California Indians is a risk that California Indians will northern part of the state. Particular lose all of their Indian benefits and in southern California, reservatiol ;;~~ti,;.,!79r~~,:~flJf~~JtI~.J1'lent because they believe the government which may have been geographical W~;'d:~(' S~metime'i~i:iiliei .n~h'few Ym~nths; must be made to pay for the sufferings isolated. when established, are no , .. ' the; Bureaui of; t~diitn ';Affarrs c. will of their ancestors. being surrounded by urban or conce distribute) ii/the •.iCalifomhiHndians For further information about trated suburban development. As go theprOeeeds'of the' Calif<:>rniaclaims California Indians for a FairSettlement ernment attempts to regulate ne judgment. Ii is estimated' that: 'each write to: land developments in previously UJ California IIidianwilI receive between Joseph Carrillo developed areas, attention is beir 915 Capitol Mall, Room 309 $600 and $800" to be' considered a directed to nearby Indian reserv fmal compensation for the seizure of Sacramento, California95814 tions which, until now, have bee the ,75 million acres of land. Many largely ignored. There are sever California Indians feel that their ac­ Public Law 280 counties which have begun to a, ceptance' of the award (which was the gressively enforce local building code result of a compromise of the claim) Law is a continuously evolving and zoning ordinances on Califo was procured without their being phenomenon, Intrinsically social fornia reservations. Insofar as buildin aware of all the facts and implications. In nature. These characteristics codes require expensive permits , .. Many resent the roles of some of the it shares with the consciousness well as needlessly expensive and Cll • claims attorneys who, the Indians of a culture. turally biased building specificatior allege, spent too much time arguing and materials, the enforcement ( such codes can easily render th among themselves, and who seemed In 1953, as part of its general policy intent on a settlement of the claim. construction of a dwelling or othe to terminate federal services to Indian improvements beyond the financi, Thus, many California Indians are tribes, Congress passed Public Law 280 reluctant to accept this payment. In means of many Indians. which purported to give specific The application of state and loc, addition to feeling that the award is states, including California, civil and inadequate payment for land itself, ordinances also threatens tribal plan criminal jurisdiction over Indian tribes for the economic development of rc many people feel that they should be within their boundaries. The intended compensated for the genocide com­ servation resources. The enforcemer purpose of P.L. 280 was to facilitate of zoning laws can severely limit th mitted by the State of California and the integration of Indians into the its citizens. In addition, many people ability of tribal governments to de local and state structures which sur­ termine how reservation lands are t would prefer to receive trust lands rounded them. rather than money, for they do not be used. In cases where Indian land wish to surrender their claims to the Since the implementation of P.L. adjoin non-Indian recreational or othe land. 280 in California 19 years ago, reser­ property, the political influence c On September 9, 1972, a group vation Indians have had numerous wealthy non-Indian landowners ma calling themselves "California Indians difficulties with the "benefit" of being well result in the use of Indian Ian for a Fair Settlement" will be meeting subject to the jurisdiction of local law being restricted so as to be compatibl in Sacramento to aSsess various alter­ enforcement agencies. Discrimination, with the maximization of the profit natives to the settlement of this claim. brutality, and harrassment have been of the white landowners. Many are hopeful of going. back to all too common when county and state Basically the zoning of Indian Ian court to try to reopen the claims case. officers have exercised jurisdiction subjects and subordinates the Indian: In addition to payment for the deaths, upon Indian reservations. In numerous whose occupation of particular rese enslavement, and suffering of Cali­ instances, police and sheriffs fail to vations preceded the Anglo OCCl fornia Indians'when the land was ta­ respond in time of need, but have been pation of surrou~ding lands, to th ken, they want a land base for those all too willing and available to arrest desires and manioulation of nor _ remaining survivors. Because they Indian people for drunkenness, (actual Indian land owne~ and speculator: • know the government will argue that or suspected), as well as for other The result is further economic an the case cannot be reopened because petty infractions. cultural disaster for Indian people the Indians have been paid for the As repugnant as these excesses have At the present time the states an • counties are reading P.L. 280 as a de whether they wished to be terminated tunity Legal Services Program, facto termination act, at the very time and have their land taken out of been instrumental in bringing t when' Congress and the. Executive trust or not. The Act specifically issues before Congress and c branches of the government are recog­ stated land taken out of trust that was agencies of the federal governn nizing the immorality and destructive­ currently occupied was to be distrib­ For whatever reason, the Burea ness of termination and 'are. for' that uted to those Indians who could Indian Affairs has now stated reason,abandoning it.