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Between 1851 and 1852, the United States Army forced California's tribes to sign 18 treaties that relinquished each tribe's rights to their traditional lands in exchange for reservations. Due to pressure from California representatives, the Senate repudiated the treaties and ordered them to remain secret. In 1896 the Bureau of American Ethnology report on major native American Indian interactions with the United States Government was the first time the treaties were made public. The report, Indian Land Cessions in the United States (book), compiled by Charles C. Royce, includes the 18 lost treaties between the state's tribes and a map of the reservations. Below is the California segment of the report listing the treaties. The full report covered all 48 states' tribal interactions nationwide with the U.S. government.

According to historian Robert Lee and the other authors of the report "Land-Grab Universities, a High Country News Investigation" (2020), lands subject to the unratified treaties were taken by the United States government and sold to fund the land-grant universities established by the Morill Land-Grant Act of 1862.

California Indian Reservations and Cessions

The following database is an extraction of all the United States' formal actions between 1851–1892 with California Indians documented by the Bureau of American Ethnology in its Eighteenth annual report to the Smithsonian Institution in 1896.

History

Upon becoming a state in 1850, California was required by law to allow the United States government to conduct all formal relationships with tribal communities. Because California's previous Mexican government had no formal relationships with the Indians following the 1833 Secularization Act that closed the Spanish era's Catholic Missions, most of the 150,000 surviving tribal people either became servants for the Ranchos of California owners or migrated east to the Sierra Mountains or to the north where they mixed with other non-Mission tribes that had been left alone by Mexico.

California's farmers and gold miners demanded that Indians and other "aliens" be heavily taxed or removed from the gold fields. In 1851, at the same time that the United States was setting up the Public Land Commission as required by the 1848 Treaty of Guadalupe Hidalgo with the Republic of Mexico to verify the legality of the Ranchos of California Land Grants given California citizens prior to 1846, the government also set up a commission with military support that resulted in 134 of the state's 300-plus Indian tribes signing 18 treaties that gave away their sovereign rights in exchange for 7.4 million acres of "reservation" lands spread across the state.

Between 1851 and 1865, California carried out the wishes of its citizens: the removal of tribal communities from their ancestral lands by military force across California. The United States went along with these actions, rather than using its resources to stop the state from this period of California Genocide that was legitimized by the 1850 Indian Protection Act and numerous bond and financing actions that went to finance dozens of state militias that hunted down and killed tribal members.

During the first years between 1851 and 1852, John Frémont, a U.S. Senator for the state of California, organized the Mariposa Battalion to round up tribal representatives who were living on his Mariposa Rancho. Frémont pushed for federal troops and three Indian Commissioners who obtained treaty agreements from tribal representatives to abandon their lands in exchange for what would be the first round of reservations for land actions in California. The state, however, refused to even allow these massive land takeaways, resulting in the treaties' initial failure, and by a Senate order their very existence was hidden from the public for over 45 years.

One of the three appointed commissioners, Oliver M. Wozencraft, reported that the government's action would lead to a "war of extermination" against the state's tribal people on May 31, 1852, even going public by publishing a pamphlet laying out the impacts, but for speaking out he was relieved of his duties by September of the same year.

The U.S. Bureau of Indian Affairs, which was originally part of the U.S. War Department, eventually set up four reservations as prescribed by Congress, followed later by additional tracts of lands ceded to various Mission Indians located mostly in Southern California. In 1896, the Smithsonian Institution produced a report documenting all historic actions by date and tribe of lands taken from or reservations created by the U.S.

Larisa Miller documented how the Northern California Indian Association (NCIA) petitioned President Roosevelt in 1903 to buy federal lands for thousands of homeless Indians across the state because "title and ownership to this beautiful land have never been extinguished." Their campaign led to the rediscovery of the 18 Treaties that were signed by 134 bands of Californians and the removal of the senate's order of secrecy on January 18, 1905.

The United States Bureau of American Ethnology produced annual reports to the Smithsonian Institution on various Native American (First Nation) subjects. In their 18th annual, two-volume report, they published a complete list of all U.S. takings (cessions), treaties and reservations prior to 1896. The report was compiled By Charles C. Royce, with a 122-page introduction by Cyrus Thomas documenting legal claims for the actions the United States had based its actions on, with a focus on U.S. Supreme Court's 1823 Discovery doctrine decision.

It was Thomas' following statement that set the tone for the introduction:

"Its extent afforded an ample field for the ambition and enterprise of all, and the character, low culture-status, and religious beliefs of the aborigines afforded an apology for considering them a people over whom the superior genius of Europe might rightfully claim an ascendancy. The sovereigns of the Old World therefore found no difficulty in convincing themselves that they made ample compensation to the natives by bestowing on them the benefits of civilization and Christianity in exchange for control over them and their country."

The report included color maps for each state, two for California, with numbered areas (also in color) to identify each cession or reservation. These can be used to locate the land.

Indian Land Cessions in the United States

The spreadsheet section in part 2, pages 781 – 948 is titled "Indian Land Cessions in the United States." The data are extracted from the U.S. government's treaties, reservations and land cessions with California's tribal people in the years 1851–1896. The California instances in the spreadsheet include page references to legal citation and historic materials. All links embedded in the spreadsheet, including the names identifying particular "Mission Indian" Tribes, have been added to make the original report clearer. Some sections on individual tracts in the Public Land Survey System were omitted from the original.

Note that the below database identifies the land involved in each transaction with a number that can be located on the above maps. Later transactions are located on the 2nd map or "Ca-2", plus the appropriate number. The first 18 entries, described below as unratified treaties, were not listed as such in the 1896 Smithsonian report, but as stated lands ceded in exchange for tracts of land.

Notes

1. Si-yan-te, Po-to-yan-ti, Co-co-noon, A-pang-asse, Aplache, A-wall-a-che
2. How-ech-ee, Chook-cha-nee, Chow-chil-lie, Po-ho-nee-chee, Nook-choo, Pit-cat-chee, Cas-son, Toom-na, Tall-in-chee, Pas-ke-sa, Wa-cha-et, I-tach-ee, Cho-e-nem-nee, Cho-ki-men-a, We-mal-che, No-to-no-to
3. Ta-che, Cah-wia, Yo-kol, To-lum-ne, Wic-chum-ne, Hol-cu-ma, To-e-ne-che, Tu-huc-mach, In-tim-peach, Choi-nuck, We-mil-che, No-to-no-to
4. Yo-lum-ne, Co-ye-tie
5. I-o-no-hum-ne, We-chil-la, Su-ca-ah, Co-to-plan-e-nee, Chap-pah-sim, and Sage-wom-nee
6. Ko-ya-te, Wo-la-si, New-chow-we, Wack-sa-che, Pal-wis-ha, Po-ken-well, Ya-wil-chine
7. Chu-nute, Wo-wol, Yo-lum-ne, Co-ye-tie
8. Cas-take, Tejon, San Imiri, Uva, Cari-se, Buena Vista, Se-rahu-ow, Holo-cla-me, Soho-nut, Toci-a, Hol-mi-uk
9. Das-pia, Ya-ma-do, Yol-la-mer, Wai-de-pa-can, On-o-po-ma, Mon-e-da, Wan-nuck, Nem-shaw, Be-no-pi, Ya-cum-na
10. Mi-chop-da, Es-ki-un, Ho-lo-lu-pi, Toto, Su-nu, Che-no, Bat-si, Yut-duc, Sim-sa-wa
11. Noe-ma-noe-ma, Y-lac-ca, and Noi-me-noi-me
12. Ca-la-na-po, Ha-bi-na-po, Da-no-ha-bo, Mo-al-kai, Checom, How-ku-ma, Cha-nel-kai, Me-dam-a-rec
13. Sai-nell, Yu-ki-as, Mas-su-ta-ka-ya, Po-mo
14. co-lu, Wil-lay, Co-ha-ma, Tat-nah, Cha, Doc-duc, Cham-et-ko, Toc-de
15. Cu-lee, Yas-see, Lo-clum-ne, Wo-pum-ne
16. Poh-lik(Lower Klamath), Pehtuck(Upper Klamath), Hoo-pah(Trinity river)
17. O-de-i-lah, I-ka-ruck, Ko-se-tah, I-da-kar-i-waka-ha, Wat-sa-he-wa, E-eh
18. San Luis Rey, Kah-we-a, Co-com-cah-ra
19. Dieguenos
20. This reserve was surveyed, shortly after its location, by H. D. Washburn, and contained about 75,000 acres. Nov. 25, 1856, the Secretary of the Interior ordered its reduction to 25,000 acres, to bring it within the limits prescribed by act of Mar. 3, 1855. The boundaries of the reduced reserve were never surveyed. Subsequently, ex-superintendent Beale and others obtained patents under old Spanish grants for most of the land covered by the original reserve. Measures were therefore taken to remove the Indians and to abandon the reserve. The last of the Indians were removed to Tule River reserve, as reported by Superintendent Wiley, July 11, 1864. The tract shown on the map exhibits the boundaries of the reserve as originally surveyed.
21. Superintendent Henley establishes a reserve called Nome Lackee | This reserve was surveyed by Nicholas Gray in Sept., 1857, and contained 25,139.71 acres. It was practically abandoned by Superintendent Hanson in July, 1861. He recommended its sale. July 7, 1870, the Commissioner of Indian Affairs officially notified the General Land Office that it was no longer needed for Indian purposes.
22. This was selected by Superintendent Henley as one of the two additional reserves authorized by act of Congress Mar. 3, 1855. It was surveyed by Deputy Surveyor Lewis in 1857. Dec. 31, 1861, the Indian agent reported the complete destruction of both the reservation and the public property thereon by a freshet, which left the soil covered to the depth of several feet with sand. The Indians were at once removed to Smith River reservation. Though not formally relinquished, the Klamath was not thereafter occupied as an Indian reservation until 1877, when the Commissioner of Indian. Affairs asked that the War Department remove white trespassers. Recent action has been taken looking to the allotment of land in severally to those Indians residing on the reserve with a view to restoring the surplus land to the public domain.
23. In 1857–58 Mr Thomas P. Madden, an employee of the Indian service, entered and obtained title to the land with state-school warrants. It was thereafter known as the Madden farm, containing 1,280 acres, and the U. S. paid him rental therefor until it was abandoned in 1876, and the Indians removed to the new Tule River reservation, established, by Executive orders of Jan. 9 and Oct. 3, 1873. In addition to the Madden farm the U. S. occupied and fenced 160 acres adjoining, but that was also entered by an Indian employee as a homestead in 1864.
24. It was first established as an Indian farm for temporary use, but has been ever since continued as an Indian reserve. Nov. 18, 1858, Superintendent Henley was instructed to make public proclamation that the whole of Round valley was reserved. In Mar. 1860, it was surveyed by Andrew J. Hatch. The boundaries thus surveyed are here shown by red lines and contained 25,030.08 acres, having been reduced to the limit authorized by the act of Mar. 3, 1853. A subsequent enlargement and survey was made in 1870, the boundaries of which are shown by blue lines (see Executive order of Mar. 30, 1870). Still later modifications of boundary have been made, for which see act of Congress of Mar. 3, 1873, and Executive order of July 26, 1876.
25. Phoho-neche tribes today are: California Valley Miwok Tribe, Tuolumne Band, Buena Vista Rancheria, Chicken Ranch Rancheria, Ione Band, Jackson Rancheria, Shingle Springs Band & Middletown Rancheria of Pomo Indians
26. Special Agent J. Ross Browne reported, Nov. 4, 1859, that this reserve, so far as the agricultural portion of it was concerned, consisted of a farm which had been rented of private parties since 1854. It was originally established as a temporary Indian reserve and no official survey was, so far as known, made of its boundaries although by report of Superintendent Henley, Aug. 15, 1857 it was stated that he had selected it as the last of the five permanent reserves authorized by act of Mar. 3, 1853. Its location is laid down (but by what authority is not known) on a map of California in the Indian Office files bearing number 186. The location thus indicated is accepted for want of a more definite one.
27. President authorized to establish reservations for them when deemed advisable. Location primarily in Nevada, but includes California. No formal purchase of the territorial claim of these tribes or bands was made, but the U. S. took possession of the same, assuming the right of satisfying their claim by assigning them such reservations as might seem essential lor their occupancy, and supplying them in such degree as might seem proper with necessaries of life.
28. For a separate definition of the boundaries of the Shoshoni-Goship, see treaty with that band of Oct. 12, 1863. For reservations established under this authority see Lemhi reserve, by Executive order of Feb. 12, 1875; Carlin Farms reserve, by Executive order of May 10, 1877, and Duck Valley reserve, by Executive order of Apr. 16, 1877. A reservation had also been established in 1859 at Euby valley, but after a few years of occupancy it was abandoned.
29. Oct. 3, 1864, the Commissioner of Indian Affairs, in approving the action of Superintendent Wiley, directed that particular care be taken in the definition of the boundaries of the reserve. Mar. 3, 1865, Congress appropriated $60,000 to pay for improvements of white settlers on the reserve. In 1875 the boundaries were surveyed by C. T. Bissell, and by Executive order of June 23, 1876, these boundaries were adopted and declared to be the true boundaries of the Hoopa Valley reserve.
30. July 1, 1865, Agent Lockhart recommended the establishment of two reserves of 360 acres each for the Washo in Carson and Washoe valleys. July 10, 1865, the Secretary of the Interior directed that two reserves, containing in the aggregate 8 sections, be set apart for them. Oct. 23, 1865, Agent Parker reported that no suitable lands for such reserves remained vacant, and recommended that no further action lie taken. The original country of the Washo is here shown.
31. Klamath River Reserve destroyed with Indians moved to Smith River in 1862. In May 1862, Sec. of Interior and Indian Commissioner set aside additional lands at Smith River, but Congress fails to make appropriations to purchase it. Smith River abandoned in 1869.
32. Congress restores Mendocino Indian reservation to public domain. This tract lay on both sides of Klamath river from its mouth 20 miles up the same; between the S. bank of Noyo river (so as to include that river) and a point 1 mile N. of Hale, or Bee-da-loe creek; extending eastward from the coast for quantity so as to include the valleys beyond the first range of hills to the Coast mountains, conforming to their shape. | The act of Congress of Mar. 3, 1853, authorized the selection of five military reserves for Indian purposes in California not to exceed 25,000 acres each.
33. Nov. 17. 1855, Superintendent Henley transmitted a report of Major Heintzelman with a map showing the tract selected for the Mendocino reservation and recommending its establishment. Aug. 16, 1856, the Commissioner of Indian Affairs recommended issuance of Executive order setting apart this reserve. May 22, 1856, President Pierce issued the desired Executive order. Its actual abandonment for Indian purposes occurred Mar. 31, 1866.
34. Round valley, or "Nome Cult," as it was then called, was selected for Indian purposes by Superintendent Henley in 1856. Nov. 18, 18.58, the Secretary of the Interior ordered public notice to be given that the entire valley had been set apart for an Indian reservation and directed its survey May 3, 1860. See act of Congress of Mar. 3, 1873. and Executive orders of Mar. 30, 1870, Apr. 8, 1873, May 18, 1873, and Jan. 26, 1876. The boundaries of the reserve as enlarged by this Executive order (Mar. 30, 1870) are shown by blue lines.
35. President cancels reserve made by Executive order Jan. 9, 1873, and establishes another at Tule river in lieu thereof, bounded as follows: Commencing on the S. fork of Tale river. 4 miles below the Soda springs on said river; thence N. to the ridge of mountains dividing the waters of the N. fork and Middle fork of Tule river; thence on said ridge easterly, extended, if necessary, to a point from which a line running due S.
36. Partly restored to public domain by Executive order of Aug. 3, 1878, as shown under that order. The remainder constitutes the present Tule River reserve, and is shown here. (This includes Nos. 547 and 607. The portions added to the former reserve are the N. part of 607 and the yellow No. 547.)
37. The establishment of this reserve was recommended by Agent Dodge Nov. 25, 1859. Nov. 29, 1859, the .Secretary of the Interior directed that the reserve be so established. Feb. 15, 1861, Agent Lockhart was instructed to have the boundaries surveyed. They were surveyed by Eugene Monroe in Jan., 1865. Subsequent investigation showed Monroe's survey of E. boundary to be incorrect. The incorrect portion of Monroe's survey is indicated by a dotted black line. Remainder of Pai Ute country taken possession of by U.S. without formal relinquishment by the Indians.
38. These constitute the present boundaries of the reserve except that the military reserve of 1 square mile at Camp Wright was added to the Indian reservation by Executive order of July 26, 1876. (See Executive orders of Apr. 8, 1873, and Mar.30, 1870.)
39. Patents issued to J. J. Warner, Jan. 16, 1880, and to Harmon T. Helm, Jan. 16, 1886, are hereby withdrawn from sale and settlement, and set apart as a reservation for the Mission Indians: Provided, however, that any other tract or tracts the title of which h, as passed out of the U. S., or to which valid, legal rights have attached under existing laws of the U. S. providing for the disposition of the public domain, are also hereby excepted and excluded from the reservation hereby created.
40. This extension includes the land set apart to the Klamath Indians by Executive order, Nov. 16, 1855, which, however, was subsequently abandoned by them because of the destruction of their property by a great freshet. (See No. 400, California map 2.) This addition is shown by blue lines extending from the Hoopa reservation to the Pacific ocean. By act of Congress, June 17, 1892, this land was restored to the public domain, without reference to the Executive order of Oct. 16, 1891.

See also

• Mission Indians
• Indian Reductions
• California mission clash of cultures
• Population of Native California
• Aboriginal title in California
• Native Americans in California
• Slavery among Native Americans in the United States
• Genízaros

References

1. "Dr Robert Lee". University of Cambridge Faculty of History. Retrieved 12 July 2023.
2. Lee, Robert (19 July 2022). "America's "Land Grab" Universities: Robert Lee on Colonial Extraction by "Treaty-Like Agreements"". Public Books (Interview). Interviewed by Plotz, John; Tharaud, Jerome. Retrieved 12 July 2023.
3. Lee, Robert; Ahtone, Tristan; Pearce, Margaret; Goodluck, Kalen; McGhee, Geoff; Leff, Cody; Lanpher, Katherine; Salinas, Taryn (2020). "Land-Grab Universities: A High Country News Investigation". Paonia, Colorado: High Country News. Retrieved 12 July 2023.
4. ^ Royce, Charles C. (1899). "Indian Land Cessions of the United States". Bureau of American Ethnology. 18th Annual Report (Part 2): 781–948. Retrieved 23 December 2017.
5. Miller, Larisa K. "The Secret Treaties With California's Indians" (PDF). Archives.gov. Retrieved 25 December 2017.

External links

• O.M. Wozencraft [1851], "To the People Living and Trading Among the Indians in the State of California".
• Indian Nations Tribal Sovereignty by Roy Moore
• Historic Marker and Adobe where Treaty K at Temecula Ca. on January 5th, 1852
• Digital copy of January 5th 1852 Treaty K
• 1920 Congressional subcommittee on Indian Affairs – 18 treaties and their congressional history
• National Park Service link to state by state tribal naming variations.
• List of Federally Recognized Tribes in California
• The Journal of George W. Barbour, May 1, to October 4, 1851: Part I
• The Journal of George W. Barbour, May 1, to October 4, 1851: Part 2

• American Indian reservations in California
• Native American history of California
• Native American law
• Native Americans in California
• Former American Indian reservations
• United States and Native American treaties