When Californians developed its state constitution, residents moved quickly to unilaterally restrict any rights of California Indians. As non-citizens, California Indians had no legal rights in a court of law and could not testify against whites. Further, as non-citizens, California Indians had no property rights to their lands. Many Americans viewed California Indians as impediments to the development and prosperity of the state particularly as gold decreased and the state economy shifted to agriculture and cattle. However, with the shifting state economy, California turned to exploiting Indians for labor and some emigrants hailed from southern states and accepted servitude. Thus, the economic prosperity of the state of California was based on two formal policies of extermination and Indian slavery. These state sponsored policies appear to have faded from the public memory. The first Governor of California, Peter H. Burnett, addressed California Indian extermination in his 1851 annual state address in which he asserted, “That a war of extermination will continue to be waged between the races, until the Indian race becomes extinct, must be expected.” He continued, “While we cannot anticipate this result but with painful regret, the inevitable destiny of the race is beyond the power or wisdom of man to avert."To encourage extermination, various towns and counties paid bounties that ranged from twenty five cents to five dollars for scalps, severed heads, or other items of satisfactory evidence. In its first session, the California legislature passed “An Act for the Government and Protection of Indians” in 1850, months before gaining official statehood as a free state. Despite its innocuous name, it legalized slavery of California Indians and established an “apprentice” program for children with the promise, but no enforcement, to feed, clothe, and treat the children humanely. According to the law, Indians could be arrested based on the “complaint of any resident” for “loitering” or “strolling about.” Further, if authorities determined an arrested Indian to be a “vagrant” they could be auctioned within twenty-four hours to the highest bidder for a length not to exceed four months. An 1860 amendment extended the length of servitude and further expanded the opportunity for whites to gain children apprentices by appearing before a county or district judge to prove the children had been obtained through consent of parents or “persons having the care or charge of any such child or children.” The purposefully ambiguous language expanded the number of people who could claim rights to Indian children and their labor.
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BROKEN TREATIES CA.
Peace and Friendship treaty of 1851-1852 was broken in the same year it was written.
Three Indian commissioners traveled throughout the state and successfully negotiated treaties which set aside about eight million acres for reservation lands. In exchange for conceding any claims to their homelands, California Indians received promises of reservation lands but ultimately received neither. Commonly referred to as the “eighteen un-ratified treaties,” Congress’ decision to not publicly debate the California treaties meant they did not appear in the regular congressional record and instead were sent to the Department of Interior and filed with the Bureau of Indian Affairs. There they remained a secret because Congress ordered an injunction of secrecy per its rules on treaty-making. The injunction of secrecy was lifted in 1905. Treaties negotiated with California Indians occurred when the federal government sought a different policy of dealing with Indians and it formally ceased negotiating treaties with Indians in 1871.
Three California Rancheria Termination Acts (and an amendment) were passed in the 1950s and 1960s as part of the US Indian termination policy. The first Act, passed in 1956, the second in 1957, and the third, in 1958, targeted 41 Rancherias for termination. An additional seven were added via an amendment in 1964.On 18 August 1958, Congress passed the California Rancheria Termination Act, Public Law 85-671 (72 Stat. 619). The act called for the distribution of all 41 rancheria communal lands and assets to individual tribe members. It called for a plan "for distributing to individual Indians the assets of the reservation or Rancheria, including the assigned and the unassigned lands, or for selling such assets and distributing the proceeds of sale, or conveying such assets to a corporation or other legal entity organized or designed by the group, or for conveying such assets to the group, as tenants in common." Before the land could be distributed, the act called for a government survey of land on the rancheria. The government was required to improve or construct all roads serving the rancheria, to install or rehabilitate irrigation, sanitation, and domestic water systems, and to exchange land held in trust for the rancheria. All Indians who received a portion of the assets were ineligible to receive any more federal services rendered to them based on their status as Indians.
In 1957–58, a State Senate Interim Committee investigation revealed that little had been done to prepare Indian reserves for termination. In 1958, the Rancheria Termination Act was enacted. A memo from the Department of Interior shows the insufficiency of the notice given the California Indians, which was simply posted on the Rancheria for 30 days. In many testimonies, like that of the Mission Creek Band of Mission Indians of the Desert Hot Springs CA, plaintiffs alleged that BIA officials spoke only to whoever was occupying the homestead at the time, rather than consulting with Indians living in the surrounding area.
Mission Creek tribe was not ready or educated for such a task. MC did not have legal representation nor did the BIA fulfill its obligation before distributing the land to selective individuals. According to the California Rancheria Termination Act, Public Law 85-671 (72 Stat. 619) "Before the land could be distributed, the act called for a government survey of land on Mission Creek Reservation. The government was required to improve or construct all roads serving Mission Creek Reservation, to install or rehabilitate irrigation, sanitation, and domestic water systems" none of these improvements were ever completed on the Mission Creek Reservation. The BIA approved Mission Creeks first Constitution on February 4th, 1960 and Terminates them several years later. Title to the land on the Mission Creek Reservation has passed from the U.S. Government under distribution plan dated May 6, 1966.
60550 Mission Creek Road, Desert Hot Springs Ca 92240
Cahuilla,Serrano and Cupeno Indians
Mission Creek is named for the Cahuilla Serrano and Cupeno Bands of Indians who once roamed most of Southern California. Many of the clans were forcibly relocated to Missions San Gabriel in 1834 by Spanish Missionaries. The American Government again relocated the Cahuilla, Cupano and Serrano people to a system of reservation in 1875, including one on Mission Creek Reservation.
The UNJUST of the BIA and Congress. Slavery of Takhtam-Serrano and Cahuilla Indians on their own land. Treaties broken. Interpretation of the Rancheria Act. Interpretation of the Indian reorganization Act, Mission Creek Reservation Journey, from going to bad to worse. Land Patient of 1891
The Cahuilla, Serranos and Cupeno acquired the many species of large and small animals available in the area with throwing sticks, various types of traps, nets and snares, arrows, and sinew-backed bows. They also used poison. Baskets were the containers of choice for gathering plant products. These were used not only for transporting the plant products, but also for winnowing, cooking, and storing. Cooking in baskets was carried out by placing hot stones in food held in tightly woven baskets. While the adults and older children were carrying out their various tasks, babies lay or sat in baskets, sometimes carried by the mother, sometimes placed on the ground or a convenient rock. Although one might assume that pottery would have less use than basketry in a desert environment, a considerable number of pottery vessels have been found in the area, showing that pots were used for carrying and storage. Pottery vessels were useful for carrying water, the slight evaporation keeping the remaining water cool. Pottery was often used to cache precious or sacred property in caves when necessary. The mortars and pestles, manos and metates, and hammerstones used for pounding, and for grinding food were made by grinding the quartz manzonite and other rocks that were plentiful in most parts of the area. Flaked stone tools served a variety of other purposes. They included fire drills, awls, arrow-straighteners, flint knives, and scrapers. Horn and bone were used for spoons and stirrers. The Serranos kept warm in winter by wearing clothing made of animal hides, and sleeping under woven rabbitskin blankets. For ceremonial events, they used garments made or decorated with feathers, and made rattles made of turtle and tortoise shells, deer-hooves, rattlesnake rattles, and various cocoons. Wood rasps, bone whistles, bull-roarers, and flutes were used to make music to accompany the many songs and dances used in ceremonies. Baskets were not the only thing they wove. Using fibers from yucca, agave, and other plants, they wove bags, storage pouches, cording, mats, and nets. Most tribal houses were circular domes that had a central fire pit. The homes of several families tended to be clustered in small settlements, and included not only the houses, but also basketry granaries for storage of food, sweathouses, and often a ceremonial house. They were placed near springs or other water sources, and as near as possible to other resources.
Dear President Trump
As a member of the Mission Creek Reservation, I want to congratulate you becoming President. I looked forward to the day that you took office, I understand the time restrictions that you have in these first one hundred days, I am writing to you so that you can understand our plight. In short ,Our Fathers were short changed, lied too, and deceived.
President Richard Nixon one week after the Termination Notice was given, which was published on July 8. 1970 Came out against the Termination policy, also congress had expressly repudiated the policy of terminating recognized Indian tribes, and has actively sought to end the practice in the 70's. The BIA and the Dept of the Interior, working against Mission Creek did surveying, and other mineral testing, and with held their finding from the Tribal Members, Stating that the water was bad, and not fit for human consumption, even some crops could not use the water
Mr. President. Their are many more things that were said and done, and some may ask, why did you wait so long, the answer is simple, We had to grow up, when you are young, you can't understand time limitations, and you don't know the law, our parents, Grand parents, did not understand the law, most could not even read English,
I read at one time that our water was used to build the Colorado River aqueduct, they build a pipe line so that they could use the water to mix the concrete with it. I am sure that they drank it also. Would you drink the Colorado river water?
Mr. President, Its seems we are going to have to spend thousands of dollars dealing with the BIA in Court, the funny thing about this is that the BIA recognized us on their web page as Recognized to the year 2013, when we started to ask questions about our status, they pull it down. We have many wonderful Projects that we would like to peruse, and most of the Grant money is for Recognized tribes, and you have to have land, our land was unlawfully taken from us. BIA and the Dept of the Interior having a solid understanding of the wealth of the land, along with their associates, had solid understanding of what they did to our forefathers. Dimly aware of their plight, being told that the water was bad, not fit to drink, not willing to fix the problem. To provide greater service to our people, putting restrictions, they felt they had no other course of action, then to sign over their land, some fought it, and lost, Once again I feel that history is going to repeat itself. That is why I am writing to you now, Please don't let history repeat it self again.
Historian of Mission Creek